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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No,: 07-0048 Monday, May 21, 2007 Mr. Joseph H. Gang€uzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO, 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF A SUBSTANTIAL MODIFICATION TO PREVIOUSLY APPROVED SPECIAL EXCEPTIONS, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 22, SECTION 2215, TO ALLOW A CHANGE IN THE ORIGINAL APPLICATION (06-00799xc) BY INCREASING THE SQUARE FOOTAGE FROM 73,068 SQ, FT. TO APPROXIMATELY 288,000 SQ. FT., WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1603-27 NORTHWEST 7TH AVENUE AND 662 NORTHWEST 20TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL AND SD-10 MEDICAL AND HEALTH CARE, HOSPITAL AND RESEARCH OVERLAY DISTRICT. THESE SPECIAL EXCEPTIONS WERE RECOMMENDED FOR APPROVAL PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) CAMILLUS HOUSE WILL ALWAYS ENFORCE A CURFEW; 2) CAMILLUS HOUSE WILL PROVIDE MEALS ONLY THOSE INDIVIDUALS WHO ARE REGISTERED FOR SERVICES AT CAMILLUS HOUSE; 3) "NO LOITERING" SIGNS WILL BE POSTED ON THE PERIMETER OF THE BUILDINGS. THERE WILL BE A "NO LOITERING" AREA FOR 1.5 MILES FROM THE BUILDINGS. CAMILLUS HOUSE WILL NOTIFY THE AUTHORITIES OF VIOLATIONS; 4) CAMILLUS HOUSE WILL PROHIBIT ALCOHOL, ❑RUGS, FIGHTING AND ALL THREATENING OR POTENTIALLY VIOLENT BEHAVIOR; 5) CAMILLUS HOUSE WILL EMPLOY AT LEAST ONE OFF -DUTY MIAMI POLICE OFFICER TWENTY-FOUR HOURS A DAY. DURING DAYTIME HOURS, THE OFF -DUTY MIAMI POLICE OFFICERS SHALL PATROL A PERIMETER BETWEEN NORTHWEST 15TH AND 20TH STREETS, AND BETWEEN 7TH AVENUE AND 1-95. PERIMETER SECURITY WILL DISBURSE LOITERERS AROUND THE PERIMETER OR IN THE BUILDINGS; 6) CAMILLUS HOUSE WILL MAINTAIN AN ADEQUATE NUMBER OF TRASH RECEPTACLES ON SITE; 7) CAMILLUS HOUSE WILL GIVE PRIORITY FOR THE BEDS AVAILABLE AT THE FACILITY TO THE HOMELESS WITHIN THE CITY OF MIAMI AND TO HOMELESS PERSONS RESIDING ON THE STREETS WITHIN A ONE AND A HALF MILE RADIUS OF THE FACILITY; 8) CAMILLUS HOUSE WILL MAINTAIN THE PREMISES IN PRISTINE CONDITION, WITH ROUTINE TWICE DAILY POLICING OF ALL PROPERTY AND ADJACENT PROPERTIES TO MAKE SURE NO LITTER OR UNATTRACTIVE CONDITIONS EXIST; 9) CAMILLUS HOUSE WILL MAKE GOOD FAITH EFFORTS TO HAVE THE BUILDING CONSTRUCTED AND OPERATIONAL WITHIN THIRTY-SIX (36) MONTHS OF APPROVAL; 10) CAMILLUS HOUSE WILL MAKE GOOD FAITH EFFORTS TO ENFORCE ANY AND ALL LAWS REGARDING SEXUAL PREDATORS. CAMILLUS HOUSE WILL ALERT THE CITY OF MIAMI IF THEY BECOME AWARE OF A SEXUAL PREDATOR SEEKING OVERNIGHT SHELTER OR OTHER RESIDENTIAL SERVICES AT THIS CAMILLUS HOUSE SITE. File ID#: 06-00799xc1 Z.6 iami Zonis : oard Resolution No.: 07-0048 Monday, May 21, 2007 CAMILLUS HOUSE WILL TEMPORARILY ALLOW THE SEXUAL PREDATOR ONTO THE PREMISES UNTIL THE CITY OF MIAMI HOMELESS ASSISTANCE PROGRAM OR THE POLICE DEPARTMENT RELOCATES THE SEXUAL PREDATOR TO ANOTHER AREA; 11) CAMILLUS HOUSE WILL PROVIDE JOB TRAINING IN THE CAMILLUS GENERAL EDUCATION DIPLOMA (GED) PROGRAM TO ANYONE IN THE NEIGHBORHOOD RESIDING WITHIN A ONE-HALF MILE RADIUS; 12) CAMILLUS HOUSE WILL DEVELOP A COMMUNITY OUTREACH PROGRAM; 13) CAMILLUS HOUSE SHALL PROVIDE PROGRAMS AND SERVICES THAT HELP PERSONS TRANSITION OUT OF HOMELESSNESS; 14) CAMILLUS HOUSE SHALL PARTICIPATE AS A MEMBER OF A COMMUNITY ADVISORY BOARD TO BE CREATED BY THE CITY COMMISSION WITH THE INPUT OF CAMILLUS HOUSE MANAGEMENT AND ITS LEGAL COUNSEL; 15) CAMILLUS HOUSE WILL COMPLY WITH FLORIDA DRUG FREE WORKPLACE AND DRUG FREE ZONE LAWS. Upon being seconded by Mr. Bret Berlin, the motion was passed and adopted by the following vote: Mr. Bret Berlin Yes Mr. Ron Cordon No Mr. Miguel Gabela No Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms, Ileana Hernandez -Acosta Away Mr. Jorge Luis Lopez Yes Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Yes Mr. Angel Urquiola No AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 6-3 Teresita L. Fernandez, Executive Secretary Hearing Boards File ID#: 06-00799xc1 Z.6 EXHIBIT "A" 3 SCR1PT1ON OF T.l-1<E PROPERTIES LEGAL, L, DESCRIPTION OF GLASS BUILDING PROPERTY ADDRESS: 1.60 3-27 N.W. 7tS Avenue Ali of 4 r c "I.3" of Florida Glass and Mirror Subdivision, according to the Plat thereof as recorded in Plat Book 79, at page 25, of the Public Records of Dade County, Florida; and that portion of "brad "A" of said Florida Glass and Mirror Subdivision, more particularly described as follows: Commence at the Northwest corner of said Tract " B" also being the Southwest corner of said Tract "A"; thence nun due North along the West line of said Tract "A" for a distance of 78.84 feet; thence run North 88 degrees 31 minutes 51 seconds East for a distance of 99.53 feet to a point on the East line of said Tract `:A"; thence run southerly along the East line of said Tract "A" for a distance of 78.95 deer to a point being the Southeast comer of said Tract ".A"; thence run Westerly along the South line of said Tract "A" for a distance of 99.63 feet to the Point of Beginning. LEGAL DESCRIPTION OF SOUTH FDOT PROPERTY ADDRESS: 662 N.W, 20th Street Lots 13 through 19, Block 3; Lots 12 through 18, Block 4; the 15 foot wide alleys lying west of and adjacent to said blocks 3 and 4, and portions of N.W. 16th Street and N.W. 6t`h Place, all according to the plat of the ROBERTS AND GRENTN.ER ADDITION as recorded in plat book 10, page 56 of the public records of Miami -Dade County, Florida, and being more particularly described as follows. Commence at the N.W. corner of Section 36, Township 53 South, Range 41 East; thence N87°45`00"E along North line of the Northwest one -quarter (NW '/A) of said Section 36 a distance of 35.01 feet; thence S01003'55" along the Westerly lines of Blocks 5, 6, 7, and 8 of said plat and the Northerly and Southerly prolongations thereof, a distance of 1366.68 feet toa paint; thence N87°38'46"E• a distance- of 1 OO:00 feet to the- Northeast corner of lot 11, said block 4 and the POINT OF BEGINNING of the parcel of land hereinafter described. Thence continue N87°38`46"E along the Northerly lines of lots 12 and 13, Block 4 and the Easterly and Westerly prolongations thereof a distance of 115.00 feet to the point of intersection with the Northerly prolongation of the Easterly line of said lot 13; thence 578°29120"E a distance of 46.11 feet to the point of the intersection with the Northerly prolongation of the Westerly line of lot 32, Block 10 said Roberts and Grentner Addition; thence SQ1°03'55"E along the Westerly line of said Block I0 and the Northerly Prolongation thereof a distance of 481.54 feet to the Southwest corner of Lot 22, said block 10; thence S 16°38'20"W a distance of 148.00 feet to the point of intersection of the Southerly prolongation of the East line of said block 3 with the Easterly prolongation of South line of said block 3; thence S87°36'00"W along the South line of said block 3 and its Easterly and Westerly prolongations a distance of 115.00 feet; thence N01°03'55"W along the Westerly line of said 15 foot wide alley and across N.W. 16u Street a distance of 632.66 feet to the Point of Beginning. Said lands being in the Cit-y; of Miami, Miarni-i ade 4:..:ouniy, Florida, aid containin.it 97,798 :1..ttlare. rect.( (2.2 acres), iTi(.ire or less. 1:3rirms shown hereon are based on an assumed bearing of N874500".E. along the North line kit' the Northwest one -quarter (NW 1/4.) of said Section 36 as shown on said plat. Zoni 9 and action for Special Exception Motion: i move that the request on agenda item # be (denied) ,,. ified) in that the requirements of Article 16 (were) {were not) sa iisfied by relevant evidence in the record of the public hearing /a) as stated in the City's finds or fact, or b) demonstrated by the petitioner, or on the basis of the following: The Zoning Board, in its decision to (grant) (deny�,th{e,:\s ecial exception, shalt make written findings that the applicable requirements Of this zoning Ordinance, Section 1305 (have) (have not) been met. Circle appropriate condition(s): 1305.1 Ingress and Egress Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire and emergency. 1305.2 Offstreet Parking and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent street, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency and screening and landscaping. 1305.3 Refuse and Service Ares Due consideration shall be given to the location, scale, design and screening of refuse and service areas to the manner in which refuse is to be stored and to the manner and timing of refuse collection and deliveries, shipments or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and Lighting Due consideration shall be given to the number, size, character, location and orientation of proposed sians and of proposed lighting for signs and premises, with particular reference to traffic safety, glare and compatibility and harmony with adjoining and nearby property and the character of the area. Due con}side atiot._ shall be given utilities require, with particular reference to availability and capacity of systems, location of connections and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.E Drainage Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of Natural Features Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of Potentially Adverse Effects Generally in addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood or the City of use or occupancy as proposed, or its locations, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of 7 earby property. / Slane '-----Agenda item Print Name Date.