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HomeMy WebLinkAboutZB Resola Onin oar esolution o : 07-OO65 Monday, July 9, 2007 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 FROM ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL OF A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES (4), TO ALLOW A MEDICAL OFFICE WITH APPROXIMATELY 5,812 SQUARE FEET, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3065-67 WEST FLAGLER STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY A I I ACHED), PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING DEPARTMENT: 1) THE PROPOSED FACILITY SHALL BE LIMITED TO OUTPATIENTS ONLY WITH NO OVERNIGHT STAY; 2) A COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, INCLUDING IRRIGATION AND ILLUMINATION MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS AND 3) PLAN OF THE EXISTING AND PROPOSED FACADES, SIGNS SPECIFICATIONS AND PAINT COLOR SAMPLES SHALL BE SUBMITTED FOR THE REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. Upon being seconded by Mr. Bret Berlin, the motion was passed and adopted by the following vote: Mr. Bret Berlin Yes Mr. Ron Cordon Yes Mr. Miguel Gabela Away Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. lleana Hernandez -Acosta Away Mr. Jorge Luis Lopez Yes Mr. Juvenal A. Pine Yes Mr. Cornelius Shiver Yes Mr. Angel Urquiola Yes AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 8-0 8 0 0 0 2 Teresita L. Fernandez, Executive Secretary Hearing Boards File ID#: 07-00388xc Z.9 EXHIBIT 4A 306 67 WEST FLAGLER STREET. EL .DOR ADD HEIGHTS. LOT 21 BLOCK 14 PLAT BOOK 5 PAGE 72 MIAMI. DADE COUNTY Z n Board Action for Special Exception Motion: _x v_e_that the request on agenda item # be (denied) (grant e at the requirements of Article 16 (were) (were not) f y relevant evidence in the record of the public hearing stated in the City's finds or fact, or s demonstrated by the petitioner, or 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 conditions) 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. 1305. 6 Due conside ion 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. Grain ace - 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. 1 305,7 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 w will avoid substantial depreciation of the value of ne..-, . .erty. Signatur Agenda item