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
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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.