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Resolution No.: 07-0035
Monday, April 9, 2007
Mr. Charles A. Garavaglia 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 THE SPECIAL EXCEPTION, REQUIRING CITY
COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO, 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6,
SECTION 612, REGULATIONS, TO ALLOW SURFACE PARKING IN A RESIDENTIAL
ZONE TO SERVE THE COMMERCIAL USE, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3885 NORTHWEST 6TH STREET AND 600 NORTHWEST 38TH
COURT, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE-FAMILY
RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT. THIS SPECIAL
EXCEPTION WAS RECOMMENDED TO THE CITY COMMISSION FOR APPROVAL
WITH THE FOLLOWING CONDITIONS: 1) THIS RECOMMENDATION OF
APPROVAL IS SUBJECT TO PUBLIC WORKS APPROVAL TO LANDSCAPE AND
MAINTAIN THE SWALE TO PREVENT PARKING AND 2) PROVIDE DOWN
LIGHTING ON THE LOT.
Upon being seconded by Mr, Bret Berlin,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin Yes
Mr, Ron Cordon Away
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr, Charles A. Garavaglia Yes
Ms. lleana Hernandez -Acosta Away
Mr. Juvenal A. Pine Yes
Mr. Cornelius Shiver Yes
Mr. Angel Urquiola Away
AYE: 6
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 3
Ms. Fernandez: Motion carries 6-0
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 06-00440xc Z.7
•
EXHIBIT 'A'
LEGAL DESCRIPTION:
LOTS I I & 12 BLOCK 1 OF DURRA6IITERFLCE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 44 AT PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
Z.o .r a = Board .Acton for Special Exception
Motion; ewe t, he request on agenda tem # be (denied)
F` (granted) in that the requirements of Artidle 16 (were)• (were not)
',,,satisfied b relevant evidence in the record of the public hearing
a) as stated in the City's finds or fact, or
b) as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning Board, in its decision to (grant) {deny) the special exception, shall
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 signs and of proposed lighting
for signs and premises, with particular reference to traffic safety,
dare.andcompatibility and harmony with; adjoining and nearby
property and the character of the area.
Due t:, . ;!dera ion shall be given s required, with particular
refererrcc: to r_ vailabilit_y 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.
1305.6 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
nearby property.
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Signature Print Name
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