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Resolution No.: 08-058
Monday, July 14, 2008
Mr. Charles A. Garavaglia 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 OF
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 4, SECTION 401, UNDER
CONDITIONAL PRINCIPAL USES OF PR PARKS, RECREATION AND OPEN SPACE,
TO ALLOW THE CONSTRUCTION OF A RECREATIONAL BUILDING STRUCTURE
AND SAID SITE AMENITIES, WITH A TIME LIMITATION OF TWELVE (12) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 7025 WEST FLAGLER
STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED PR PARKS, RECREATION
AND OPEN SPACE. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR
APPROVAL TO THE CITY COMMISSION 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 SPECIAL
EXCEPTION IS CONTINGENT UPON APPROVAL BY THE CITY COMMISSION AND
2) PER INTERNAL DESIGN REVIEW COMMITTEE ON JUNE 10, 2008, COMMENTS
REGARDING URBAN DESIGN AND LANDSCAPING ARE INCORPORATED AS
CONDITIONS AS FOLLOWS:
• 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.
• PROVIDE A CONTINUOUS CANOPY OF SHADE TREES TO PROVIDE
COMFORT FOR PEDESTRIANS ALONG ALL STREET FRONTAGES.
• ENHANCE THE LANDSCAPE BUFFERS ALONG SITE PERIMETERS BY
PROVIDING LAYERS OF PLANTINGS INCLUDING TREES, PALMS,
SHRUBS, AND GROUND COVER.
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 A. Gabela Yes
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Mr. Juvenal A. Pina Yes
Mr. Cornelius Shiver Yes
Mr. Angel Urquiola Yes
File ID#: 08-00701xc Z.2
a onin soar
esolution o,: 08-058
nday, July 14, 2008
AYE: 8
NAY: 0
ABSTENTIONS: 0
NO VOTES: G
ABSENT:
Ms. Fernandez: Motion carries 8M
T eresita L. Fernandez, Executive- cretary
Hearing Boards
File ID#: O8-O07O 1 xc
Z.2
ROBERT
25
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"Genera- D
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"All that lot, pieceor parcel af lof land known as "Robert gib Park", theses e being unplatted
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portion o{a noe \ township 54 south, Sew 40East, City of Miami. Miami -Dade County. Florida,
gen aUyhued andbounded as follows
Go the North: J3v the Southh riahtofwa&lineof11 Tamiami canal.
Go Go East: Bytom West right of wline of the FloridaEast Coast Railway.
On Go South: BySouth: By the North right of waylycofWes:Dagler Street (llro ida Slae road n.96q.
Go Go West: By the East rit of way line of the Seaboard &)yoriRailway."
Zoning Board Action for Special Exception
Motion: 1,p,c4hat the request on agenda item # :74be,(denied)
(granted) in that the requirements of Article 16 were were no
d by relevant evidence in the record of the p ulfic 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,
glare and compatibility and harmony with adjoining and nearby
property and the character of the area,
1305.5Utiibe
Due consideration shah be given to utilities, required, with particular
reference to availability and capacity of systems, !ocation of
connections and potentially adverse appearance or other adverse
effects on adjoining and nearby property and the character of the
area.
13056 Drainage
Due consideration shadbe given for drainage, with partcusr
reference to effect on adjoining and nearby properties and on
genera i 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.
Signature
Print Name
Agenda Item Date