HomeMy WebLinkAboutOriginal ZB ResoMiami Zoning Board
Resolution No.: 06-1257
Monday, November 13, 2006
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. REQUIRING CITY COMMISSION
APPROVAL, AS LISTED IN ORDINANCE NO, 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SUPPLEMENT 14, TO ALLOW
PARKING ON R-3 PROPERTIES WITH SD-12 OVERLAY TO SERVE ADJACENT
COMMERCIAL USES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 6443
BISCAYNE BOULEVARD, 621-625 AND 645 NORTHEAST 64TH TERRACE,
LEGALLY DESCRIBED EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL, C-1 RESTRICTED COMMERCIAL AND SD-9 BISCAYNE BOULEVARD
NORTH OVERLAY DISTRICT.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Ron Cordon No
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. lleana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Yes
AYE: 6
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-1
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 06-01433xc Z.7
EXHIBIT 'A.'
FOR; LUIS DF.,,ILOPMENT, INC.
ADDRESS; 621, 625, 645 NE. 64th TERRA.CE, MIAMI, FLORIDi4. 33138 ond
644.3 BiaAINE BOULEVA,RD, MIAMI, FLORIDA 33138
300 No. 0204051
LEGAL DESCRIPTION:
Palc_eLt.; AFRUNGTON, ,J,..cordirig to the plat thereof, as recorded in Plot Book 7, Page 44., Qf the Public Rricorcs
o Miorm—Dode County, Ftorido,
Por..ceLli; That strip of lond ying within Subdivision "L", ocaording to the plat thereof, as recorded in Piot Book "A",
Poge 1, of the Public Records os Miami-0°de County, Fiorido, described as follows.:
Begin at a point 987,60 feet North of Southwest corner of Government Lot 5, Section 18, Township 53 South, Range 42
East; thence East 112.00 feet: thence North 0.4 of one foot: thence `Nest 112.00 feet; thence South 0.4 of one foot to
Point of Beginning,
ParcellI That parcel of land described as follows: Commence at a point 988.00 Feet North of the Southwest corner of
the Northeast Y4 (,or Government Lot 5) of Section 18, Township 53 Sok.ith, Range 42 East: thence run East 112.00 feet:
thence North 52.00 feet: thence West 112.00 feet; thence South 52.00 feet to Point of Beginning, lying and being in
Miami —Dade County, Florida,
LESS AND EXCEPTING from the above described property following:
The West 30,00 feet of Lot 5, ARLINGTON, according to the plot thereof, as recorded rr Plat Book 7. Page 44, of the
Public Records of Miami —Dade County, Florida.
The West 45.00 feet of the portion of Subdivision "L" of Government Lot 5, Section 18, Township 53 South, Range 42
East, according to the plat thereof, as recorded in Plat Book "A", Page 1, of the Public Records of Miami —Dade County,
Florida, lying North of the Westerly extension of the North line of Lot 5, ARUNGTON, according to the Plat thereof, as
recorded in Plat Book 7, Page 44, of the Public Records of Miami —Dade County, Florida.
Together with:
Parcel IV: A strip of land measuring 25.00 feet North and South and 125.00 feet East and West, lying to the North of
Tracts "K" ond "L", as shown on a Plat of Subdivision of Government Lot 5 in Section 18, Township 53 South, Range 42
East, and recorded in Plot Book "A", at Page 1, of the Public Records of Miami —Dade County, Florida, ond otherwise
referred to, described and indicated as Tract "M" on a certain plat attached to a mortgage recorded in Mortgage Book
55, at Page 146 of the Public Records of Dade County, Florida;
Less and except:
The West 45.0G feet of the South 25.00 feet of Subdivision "C" of Government Lot 5, Section 18, Township 53 South,
Range 42 East, according to the plot thereof, as recorded in Pict Book "A". at Page 1, of the Public Records of Dade
County, Florida.
AND
- & 4 of ARLINGTON SUBDIVISION according to the pint thereof as recorded in Plat Book 7, Page 44 of the PuipUc
Records of Dade County, Florida, now known as Miami —Dade County, Florida.
AND
Lot D less the South 7,5 feet thereof, in LEGION PARK, according to the Plat thereof, recorded in Plot Book 39, Page
—43,—o2 the Public Records of Miami —Dada County, Florida; and
Lots 1 and 2, less the South 7.5 feet thereof, of ARUNGTON RESUBDIVISON, according to the Plat thereof, recorded in
Pot Book 7, Page 44. of the Public Records of Miarni—Dade County, Florida; and
• A portion of Subdivision "C" cf Government Lot 5 of Section 18, Township 53 South, Range 42 East, according to the
Pict thereof, as recorded in Plat Book A. at Page 1, of the Public Records of Miami —Dade County, Florida, being more
particularly described as follows:
Begin at the Northeast Corner of Lot 1 of ARLINGTON according to the Plat thereof, cs recorded in Plat Bock 7, at
Page 44, of the Public Records of Miami —Dade County, Florida; thence N89'44'50"W, along the North line of Lots 1 and
2 of soid ARLINGTON for 112.00 feet to the Northwest corner of said Lot 2; thence NOO'00'00"E for 25.00 feet to the
intersection with the Westerly extension of the North line of Lot D of AMENDED PLAT LEGION PARK, according to the plat
thereof, as recorded in Plat Book 39, Page 93, of the Public Records of Miami —Dade County, Florida: thence 889'44'50"E,
along the Westerly extension of said Let D for 112.00 feet to the Northwest corner of said Lot 0; thence SCO'00.00"W,
olong the West line of said Lot D for 25,00 feet to the Point of Begnning.
Zoning Board Action for Special Exception
Motion: I move that the request on agenda item # s be (denied)
) in that the requirements of Article 16 -(Were) (were not)
isfied by relevant evidence in the record of the is hearing
a)as 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 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
Signa
Agenda Item
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,
Date