HomeMy WebLinkAboutZB Reso - OLDMiami Zoning Board
Resolution No®: O7 0034
Monday, April 9, 2007
Mr. Miguel Gabela 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 GRANTED THE SPECIAL
EXCEPTIONS AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL
PRINCIPAL USES OF C-2 LIBERAL COMMERCIAL, CONDITIONAL PRINCIPAL USES
(12), TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL
TO R-3 OR HIGHER, IN THIS CASE, R-4, AND ARTICLE 9, SECTION 917.6,
REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW-INCOME
FAMILIES AND INDIVIDUALS, TO ALLOW UP TO 50% PARKING REDUCTION,
PROPOSED 194 PARKING SPACES, REQUIRED 265 PARKING SPACES, REQUEST
TO WAIVE 71 PARKING SPACES (27% REDUCTION), FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3650 NORTHWEST 36TH STREET, LEGALLY
DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. THESE SPECIAL
EXCEPTIONS WERE GRANTED WITH A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING
CONDITIONS: 1) THE APPLICANT SHALL MODIFY THE PROPOSED PLANS TO
EITHER INCREASE THE NUMBER OF PARKING SPACES OR REDUCE THE
NUMBER OF UNITS SO THAT THE REDUCTION REQUESTED HEREIN IS NOT
REQUIRED, 2) THE APPLICANT SHALL PRESENT FINAL DESIGN DETAILS ON THE
FACADES, INCLUDING COLOR, SIGNS AND MATERIALS FOR REVIEW AND
APPROVAL BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT, 3) 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 WITHOUT CHARGE, 4) APPLICANT SHALL PROVIDE NOT LESS THAT 229
PARKING SPACES AND 5) APPLICANT SHALL SUBMIT NEW PLANS DEPICTING
AN ADDITIONAL LEVEL OF PARKING.
Upon being seconded by Mr. Joseph H. Ganguzza,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin No
Mr. Ron Cordon Away
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Away
Mr. Juvenal A. Pina Yes
Mr. Cornelius Shiver No
Mr. Angel Urquiola Away
AYE: 4
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 3
File ID#: 04-00081x Z.6
Miami Zoning Board
Resolution No.: 07-0034
Monday, April 9, 2007
Ms, Fernandez: Motion carries 4-2
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 04-00081x Z.6
Exhibit •,A„
LEGAL DESCRIPTION
Lots 1I hrouoh 23, Block 71, of Melrose Highs Section,
according to the Plat thereof, as recorded in Plat Book " Pave
22, of the public Records of Miami -Dade County, Florida
Z oning Board Action for Special Exception
Motion: i t s -that the request on agenda item # ' ie (denied)
in that the requirements of Article 16 were (were not)
satisfied by 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 fighting
for suns and premises, with particular reference to traffic safety,
glare and compatibility and harmony with adjoining and nearby
property and the character of the area.
7 ..' : I .. i Prld e
Due shall be given to utilities required, with particular
referer iC 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
degree which will avoid substantial depreciation of the value of
nearby property.
Lim
Signature Frail Name
Agenda tern pate