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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No®: 07-0038 Monday, April 23, 2007 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000. THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE ALTOS POINTE PROJECT. AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.2, REDUCTION IN PARKING REQUIREMENTS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT WHEN LOCATED IN COMMUNITY REVITALIZATION DISTRICTS (CRD), TO ALLOW UP TO 10% REDUCTION OF TOTAL REQUIRED PARKING SPACES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 501, 505 AND 575 SOUTHWEST 22ND AVENUE, 585-87 SOUTHWEST 22ND AVENUE, 2160 SOUTHWEST 5TH STREET AND 2143 & 2161 SOUTHWEST 6TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) IRRESPECTIVE OF THE REDUCTION REQUESTED THROUGH THIS APPLICATION, AND PURSUANT TO SECTION 917.10 OF THE ZONING ORDINANCE, ALL RESIDENTS SHALL BE ASSIGNED AT LEAST ONE SPACE PER RESIDENTIAL UNIT WITHOUT CHARGE, AND 2) THAT THE PARKING REDUCTION BE REDUCED FROM 44 SPACES TO 37 SPACES. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Bret Berlin No Mr. Ron Cordon No Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Juvenal A. Pine Away Mr. Cornelius Shiver Yes Mr. Angel Urquiola Away AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 5-2 5 2 0 2 Teresita L. Fernandez, Executive Secretary Hearing Boards File ID#: 07-00392x Z.3 • LEGAL DESCRIPTION: Porte` Lots 5 and 6, Block 3, of Bryandale, according to tf-e Pot thereof, as recorded in Plot Book 9, Page 86, of the Public Records of Miami —Dade County. Florida. Parcel 2: i_ots 7 and 8 less the west 15,00 feet thereof, and less that portion of Lot 7 which lies within the external oreo formed by a 25,00 foot radius arc concave to the northeast, tangent to the east line of the west 15.00 feet of said Lot 7, and tangent to the south line of said Lot 7, Block 3, of Bryandale, according to the Piot thereof, as recorded in Plot Book 9, Page 86, of the Public Records of Miami —Dade County, Florida. Parcel Lots 9 through 17, less the west 15.00 feet thereof, Block 3, of Bryandale, according to the Plot thereof, as recorded in Plat Book 9, Page 86, of the Public Records of Miami —Dade County, Florida, less that part of said Lot 17 which lies within the external area formed by a 25.00 foot radius arc concave to the southeast, tangent to the north line of sold Block 3, and tangent to the east line of the west 15,00 feet of said block (per Official Records Book 109188. Page 657), Parcel 4: Lot 18, Block 3, of. Bryandole, according to the Piot thereof, es recorded in Plot Book 9, Page 86, of the Public Records of Miami —Dade County, Florida. And That portion of the 10.00 foot alleyway lying Westerly of Lots 6 and 18, of Block 3, of "BRYANDALE," according to the Plot thereof as recorded in Plat Book 9, at Page 86 of the Public Records of Miami —Dade County, Florida. Closed, Vacated and Discontinued frorn public use as per city of Miami Resolution R-05-0486. Zoning Board Action for Special Exception Motion: I move that the request on agenda item # ) be (denied) rand that the requirements of Article 16 (were) (were not) satisfied by relevant evidence in the record of the public ea -rig a}.es stated in the City's finds or fact, or s demonstrated by the petitioner, or c) on the basis of the following: 7 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, glare and compatibility and harmony with adjoining and nearby property and the character of the area. ?)1,4t Due consideration shall be given to utilities required, 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. 1305.6 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 rte•ree which will avoid substantial depreciation of the value of rby property.