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Home My WebLink AboutZB ResoMiami Zoning Board Resolution No.: 2004-0892 Monday, June 28, 2004 Mr. Joseph H. Ganguzza 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 EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 915.2, FOR FAA CLEARANCE LETTER FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1237 BISCAYNE BOULEVARD, 324 AND 444 NE 13TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-6, 6.1 CENTRAL COMMERCIAL RESIDENTIAL DISTRICTS. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY THE PLANNING AND ZONING DEPARTMENT: THIS APPROVAL SHALL BE SUBJECT TO ALL ADDITIONAL CONDITIONS AS SPECIFIED IN THE FINAL DEVELOPMENT ORDER FOR THE PROJECT. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Yes Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Away Mr. Georges William Away AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 8-0 f Teresita L. Fernandez, Executive S-cre ary ........... Hearing Boards Case No, 2004-0821 Item Nbr: 4 • Exhibit "A" LEGAL DESCRIPTION: PARCEL I: The South 30 feet of Lot 1, less street dedication, Lot 2, less street dedication and the North 15 feet of Lot 3, Block 4, THIRD AMENDED PLAT OF WINDSOR PARK, as recorded in Plat Book 4, at Page 145, of the Public Records of Miami - Dade County, Florida, being particularly described as follows: BEGIN at the Southwest corner of the North 15 feet of Lot 3, Block 4, THIRD AMENDED PLAT OF WINDSOR PARK, according to the Plat thereof recorded in Plat Book 4, at Page 145, of the Public Records of Miami - Dade County, Florida; thence run Northerly along the West boundary of the North 15 feet of said Lot 3 and a portion of said Lot 2, of Block 4 of said THIRD AMENDED PLAT OF WINDSOR PARK, for a distance of 17.42 feet to a point of intersection with the Southeasterly right of way boundary of Biscayne Boulevard; thence deflecting to the right 45 14' 11 ", run Northeasterly along the lost described line for a distance of 110.52 feet to the point of intersection with the South right of way boundary of N.E. 13th Street; thence deflecting to the right 45' 00' 04", run Easterly along the lost described line for a distance of 21.53 feet to the point of intersection with the East boundary of Lot 1 of said Block 4; thence run Southerly along the East boundary of a portion of Lot 1. all of Lot 2 and the North 15 feet of Lot 3, of said Block 4, for a distance of 95.32 feet to a point; thence run Westerly along the South boundary of the North 15 feet of Lot 3 of said Block 4, for a distance of 100.00 feet to the Point of Beginning. ,CEL ll: A portion of Tract A, of BELCHER OIL COMPANY PROPERTY, according to the Plat thereof recorded in Book 34, at Page 29, of the Public Records of Miami -Dade County, Florida. AND The North 15 feet of Lot 6, all of Lot 7; all of Lot 8, subject to the North 25 feet for street dedication, West 20 feet of the vacated 40 foot wide street, formerly known as Windsor Court, or N.E. 4th Avenue, lying directly East of North 15 feet of Lot 6, Lot 7, and Lot 8, subject to the North 25 feet for street dedication, Block 4, WINDSOR PARK, FIRST AMENDED PLAT, as recorded in Plat Book 4, Page 104, of the Public Records of Miami - Dade County, Florida; and also described in the THIRD AMENDED PLAT OF WINDSOR PARK, as recorded in Plat Book 4. Page 145, of the Public Records of Miami - Dade County, Florida. All of the foregoing (Parcels I and II) being particularly described as follows: COMMENCE at the Southwest corner of Tract A. of BELCHER OIL COMPANY PROPERTY, according to the Plat thereof recorded in Plat Book 34, at Page 29, of the Public Records of Miami - Dade County, Florida; thence run Northerly along the Westerly boundary of said Tract A for a distance of 4.84 feet to the Point of Beginning of the parcel of land hereinafter to be described; thence continue on the lost described course for a distance of 104.16 feet to the point of intersection with the South boundary of the North 15 feet of Lot 3, Block 4, THIRD AMENDED PLAT OF WINDSOR PARK, according to the Plat thereof recorded in Plat Book 4, at Page 145, of the Public Records of Miami - Dade County, Florida; thence run Easterly along the last described line for a distance of 100 feet to the point of intersection with the East boundary of said Lot 3; thence run Northerly along the East boundary of a portion of Lots 1 and 3 and all of Lot 2 of said Block 4 for a distance of 95.32 feet to the point of intersection with the South right of way boundary of N.E. 13th Street; thence run Easterly along the last described line for a distance of 153.99 feet (actually measured 151.87 feet) to the point of curvature of a curve concave to the Southwest, having a radius of 25 feet; thence run Easterly, Southeasterly and Southerly along the are of said curve, through a central angle of 90' 00' 00" for o distance of 39.27 feet to the point of tangency; thence run Southerly for a distance of 56.66 feet (actually measured 55.66 feet) to the point of intersection with the Northwesterly Limited Access Right of Way boundary of EXPRESSWAY (1-395), as shown on Right of Way Map, recorded in Plat Book 83, Page 70, of the Public Records of Miami - Dade County, Florida; thence South 64 34' 15" West along the last described line for a distance of 300.62 feet, to the Point of Beginning. • Zoning Board Action for Special Exception Motion: I move that the request on agenda item # be (denied) (granted) 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 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. 1305.5 Utilities 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 d-gree which will avoid substantial depreciation of the value of earby property. Print Name an3 Ac "nda Item Date