HomeMy WebLinkAboutR-98-0376J-98-276
3/16/98
RESOLUTION NO. 9 8 - 176
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH
CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 4, 13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE PARROT JUNGLE AND
GARDENS PROJECT, TO BE LOCATED AT 901
MACARTHUR CAUSEWAY ON WATSON ISLAND, MIAMI,
FLORIDA; TO BE COMPRISED OF A VISITOR
ATTRACTION AND BOTANICAL GARDEN WITH NOT MORE
THAN 172,444 SQUARE FEET OF VISITOR ATTRACTION
SPACE WITH ACCESSORY COMMERCIAL SPACE AND 588
PARKING SPACES; DIRECTING TRANSMITTAL OF THE
HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 15, 1998, Bern Levine, for Parrot Jungle
& Gardens, Inc. of Watson Island, in conjunction with the City of
Miami, ("APPLICANT"), submitted a complete Application for
Special Exception and Major Use Special Permit for the Parrot
Jungle and Gardens Project ("PROJECT") pursuant to Zoning
Ordinance No. 11000, Articles 13 and 17, as amended, for the
property located at approximately 901 MacArthur Causeway, Miami,
Florida, as legally described in "Exhibit All; and
WHEREAS, development of the PROJECT requires the issuance of
a Major Use Special Permit pursuant to Articles 4 and 17 of
Zoning Ordinance No. 11000, the Zoning Ordinance of the City of
Miami, Florida, as amended; and
ATTACHMENT (S)�
C ONTAtNF!D
CITY COmIISS off
MEETING OF
APR 1 4 1998
Revolvdan Nm
98- 3766
WHEREAS, the Large Scale Development Committee met on
January 15, 1998 to review the proposed PROJECT and offer its
input regarding technical issues involved; and
WHEREAS, the APPLICANT has modified the development plans
accordingly to reflect the issues raised at said Large Scale
Development Committee meeting; and
WHEREAS, the PROJECT was reviewed by the Urban Development
Review Board at its meeting of February 11, 1998 and recommended
for approval; and
WHEREAS, the Miami Zoning Board, at its meeting of March 2,
1998, Item No. 6, following an advertised public hearing, adopted
Resolution No. ZB 1998-0026 by a vote of seven to zero (7 to 0),
RECOMMENDING APPROVAL of the Special Exception component of the
Major Use Special Permit, subject to APPLICANT complying with all
conditions of the Development Order for the PROJECT; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of March 4, 1998, Item No. 3, following an advertised public
hearing, adopted Resolution No. PAB 21-98 by a vote of five to
zero (5-0), RECOMMENDING APPROVAL of the Major Use Special Permit
Development Order as attached hereto, subject to APPLICANT
complying with all conditions of the Development Order for the
PROJECT; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order for the
PROJECT as hereinafter set forth;
2 -
98- 376
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A Major Use Special Permit Development Order,
attached hereto as Exhibit "B" and made a part hereof, is hereby
approved subject to the conditions specified in said Development
Order, per Article 17 of Zoning Ordinance No. 11000, as amended,
for the Parrot Jungle and Gardens Project (hereinafter referred
to as the "PROJECT") to be developed by Parrot Jungle & Gardens,
Inc. of Watson Island, ("APPLICANT"), located at 901 MacArthur
Causeway on Watson Island, Miami, Florida, more particularly
described in "Exhibit All, attached hereto and made a part hereof.
Section 3. The PROJECT is hereby approved for the
construction of up to 172,444 square feet of visitor attraction
space, including accessory commercial space and 588 parking
spaces.
Section 4. The Major Use Special Permit Application for
the Parrot Jungle and Gardens Project also encompasses the lower
ranking Special Permits as set forth in the Development Order,
attached as Exhibit "B" hereto and incorporated herein.
Section 5. The findings of fact set forth below are
hereby made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami
Comprehensive Neighborhood Plan 1989-2000, as amended.
- 3 - 98- 376
b. The PROJECT is in accord with the PR Zoning
classifications of Zoning Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as
amended.
C. Pursuant to Section 1305 of the Zoning Ordinance of the
City of Miami, Florida, the specific site plan aspects
of the PROJECT, i.e., ingress and egress, parking,
signs and lighting, utilities, drainage, preservation
of natural features and control of potentially adverse
effects generally, have been considered and will be
further considered administratively during the process
of issuing a building permit and a certificate of
occupancy.
d. The PROJECT is expected to cost approximately $46
million, and to employ approximately 300 workers during
construction (FTE), and approximately 240 recurring
jobs within the City of Miami. The PROJECT will
provide a minimum of 5% of gross revenue or $200,000
per year to the City in lease payment; by third year of
operation, the level of lease payment is estimated to
reach $500,000; the project will generate approximately
$250, 000 or more annually in ad valorum taxes for the
City of Miami, Miami -Dade County, the School Board and
other taxing authorities (1997 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on
the economy of the City;
- 4 - 98- 376
(2) the PROJECT will efficiently use public
transportation facilities;
(3) any potentially adverse effects of the
PROJECT will be mitigated through compliance
with the conditions of this Major Use Special
Permit;
(4) the PROJECT will efficiently use necessary
public facilities;
(5) the PROJECT will not negatively impact the
environment and natural resources of the
City;
(6) the PROJECT will not adversely affect living
conditions in the neighborhood;
(7) the PROJECT will not adversely affect public
safety;
(8) based on the record presented and evidence
presented, the public welfare will be served
by the PROJECT; and
(9) any potentially adverse effects of the
PROJECT arising from safety and security,
fire protection and life safety, solid waste,
heritage conservation, trees, shoreline
development, minority participation and
employment, and minority contractor/
subcontractor participation will be mitigated
through compliance with the conditions of
this Major Use Special Permit.
98 - 376"
- 5 -
Section 6. The Major Use Special Permit, as approved and
amended, shall be binding upon the applicants and any successors
in interest.
Section 7. The application for Major Use Special Permit,
which was submitted on January 15, 1998, and on file with the
Department of Planning and Development of the City Of Miami,
Florida, shall be relied upon generally for administrative
interpretations and is made a part hereof by reference.
Section 8. This Major Use Special Permit will expire two
(2) years from its effective date which is thirty (30) days after
the adoption of the herein Resolution.
Section 9. The City Manager is hereby directed to
instruct the Director of the Department of Planning and
Development to transmit a certified copy of this Resolution and
attachment to the developers: Parrot Jungle & Gardens, Inc. of
Watson Island, c/o Mr. Bern Levine, D.V.M., President, 11000 S.W.
57th Avenue, Miami, Fl. 33156.
Section 10. The Findings of Fact and Conclusions of Law
are made with respect to the Project as described in the
Development Order for the Parrot Jungle and Gardens Project,
which is attached hereto as Exhibit "B" and made a part hereof by
reference.
Section 11. The Major Use Special Permit Development
Order for the Parrot Jungle and Gardens Project (Exhibit "B") is
hereby granted and issued subject to the execution of a "Joint
Participation Agreement" between the City of Miami and Miami -Dade
- 6 - 0-8— 3 "1(i
County for the Parrot Jungle and Gardens, Inc. Section 108 loan
application.
Section 12. In the event that any portion or section of
this Resolution or the Development Order (Exhibit "B") is
determined to be invalid, illegal, or unconstitutional by a court
or agency of competent jurisdiction, such decision shall in no
manner affect the remaining portions of this Resolution or
Development Order (Exhibit "B") which shall remain in full force
and effect.
Section 13. This Resolution shall become effective thirty
(30) days after its adoption.
PASSED AND ADOPTED thisl4th day of April 1998.
JOE CAROLLO, MAYOR
In actudwe with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
s legistation by signing it in the designated place provided, said legislation now
becomes effective with the elapse often (10) days from the date of Comml '.cn action
regarding same, without the Mayor arc' eto.
ATTEST:
Wa r J. eman, City Clerk
WALTER J. FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
i GROAGE R. WY SONIGG, I I I
ASSISTANT CITY ATTORNEY
W2345
APPROVED AS TO FORM
AND CORRECTNESS:
J L EDWARD
I BRIM CITY
- 7 -
98- 376%
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Botanical Gardens
COMMENCE AT A POINT KNOWN AS P.T. STATION 25+50 OF THE OFFICIAL MAP OF LOCATION AND SURVEY OF
A PORTION OF SECTION 8706, DESIGNATED AS A PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA AS
RECORDED IN PLAT BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID POINT
BEING THE POINT OF TANGENCY OF THE CENTERLINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS
MACARTHUR CAUSEWAY, RUNNING SOUTHEASTWARDLY FROM THE NORTHWESTERLY CORNER OF WATSON
ISLAND AND HAVING A RADIUS OF 1432.69 FEET AND A CENTRAL ANGLE OF 62000'00"; THENCE RUN NORTH
60052'45" EAST, ALONG THE NORTHEASTERLY PROLONGATION OF THE RADIAL LINE OF THE ABOVE
MENTIONED CURVE FOR A DISTANCE OF 670.74 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE
DESCRIBED, (SAID POINT BEING ALSO THE POINT OF BEGINNING OF LEASE AREA 1 MIAMI YACHT CLUB;
THENCE SOUTH 0905253" EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LEASE AREA 1 AND ITS
SOUTHEASTERLY EXTENSION, FOR 857.30 FEET; THENCE SOUTH 6005245" WEST, FOR 223.24 FEET TO ITS
INTESECTION WITH A LINE PARALLEL AND 100 FEET NORTHEASTERLY OF THE MOST NORTHERLY RIGHT OF WAY
LINE OF SAID MACARTHUR CAUSEWAY; THENCE NORTH 29007'15" WEST, PARALLEL TO SAID RIGHT OF WAY
FOR 1100.97 FEET TO A POINT OF TANCENCY; A THENCE ALONG A TANGENTIAL CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 800 FEET, A CENTRAL ANGLE 25°16'16" FOR AN ARC DISTANCE OF 352.85
FEET; THENCE SOUTH 90000'00" WEST FOR 94.95 FEET TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF
WAY LINE OF SAID MACARTHUR CAUSEWAY AND A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, SAID
POINT BEARS SOUTH 41051'52" WEST FROM ITS CENTER; B THENCE ALONG SAID CURVE HAVING FOR ITS
ELEMENTS A RADIUS OF 1090.64 FEET, A CENTRAL ANGLE OF 6047'18" FOR AN ARC DISTANCE OF 129.22 FEET
TO A POINT OF COMPOUND CURVATURE; C THENCE ALONG A COMPOUND CURVE CONCAVE TO THE SOUTHWEST
HAVING FOR ITS ELEMENTS A RADIUS OF 1441.25 FEET, A CENTRAL ANGLE OF 20027'49" FOR AN ARC
DISTANCE OF 514.75 FEET; D THENCE NORTH 34054'16"EAST FOR 338.29 FEET; THENCE SOUTH 55005'44"
EAST, FOR 726.47 FEET TO ITS INTERSECTION WITH THE APPROXIMATE SHORELINE OF BISCAYNE BAY; THENCE
CONTINUE ALONG SAID SHORELINE FOR THE FOLLOWING EIGHT COURSES: (1) SOUTH 88°21'31" EAST FOR
63.38 FEET; (2) THENCE SOUTH 86009'34" EAST FOR 68.47 FEET; (3) THENCE SOUTH 82°33'21" EAST FOR
131.22 FEET; (4) THENCE SOUTH 72018'34" EAST FOR 87.21 FEET; (5) THENCE SOUTH 69°29'02" EAST FOR
102.34 FEET; (6) THENCE SOUTH 67°53'24" EAST FOR 82.52 FEET; (7) THENCE SOUTH 69005'26" EAST FOR
94.62 FEET; (8) THENCE NORTH 80040'44" EAST FOR 46.77 FEET TO ITS INTERSECTION WITH THE
SOUTHWESTERLY LINE OF SAID LEASE AREA 1; THENCE SOUTH 08007'15" EAST ALONG SAID LINE FOR 288.12
FEET TO THE POINT OF BEGINNING AND THERE TERMINATING.
CONTAINING 18.6134 ACRES MORE OR LESS (INCLUDES 2.5025 ACRES MORE OR LESS OF SUBMERGED LANDS)
98 - 376
EXHIBIT "B"
DEVELOPMENT ORDER
ATTACHMENT TO
RESOLUTION NO.
DATE:
PARROT JUNGLE AND GARDENS PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 4, 13 and 17 of Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended, the Commission of the City of Miami, Florida, has considered
in a public hearing, the issuance of a Major Use Special Permit for
the Parrot Jungle and Gardens Project (hereinafter referred to as the
"PROJECT") to be located at 901 MacArthur Causeway on Watson Island,
Miami, Florida; see legal description in "Exhibit All, attached hereto
and made a part hereof; said legal description is subject to any
dedications, limitations, restrictions, reservations or easements of
record.
After due consideration of the recommendations of the Zoning Board and
Planning Advisory Board and after due consideration of the consistency
of this proposed development with the Miami Comprehensive Neighborhood
Plan, the City Commission has approved the PROJECT, and subject to the
following conditions approves the major Use Special Permit and hereby
issues this Permit:
B-1
98 - 3'1b
PROJECT DESCRIPTION:
The proposed Parrot Jungle and Gardens Project is a Visitor
Attraction and Botanical Garden development to be located at 901
MacArthur Causeway on Watson Island, Miami, Florida; ("PROJECT").
The PROJECT is located on approximately 18.6 gross acres of land
(more specifically described in "Exhibit All, incorporated herein
by reference). The remainder of the PROJECT Is VITAL DATA is
attached hereto as "EXHIBIT C", and incorporated herein by
reference.
The proposed PROJECT will consist of 172,444 square feet of
attraction uses with accessory commercial space, extensive
botanical gardens and 588 parking spaces.
The PROJECT will consist of a series of attraction
pavillions with intermittent gardens and accessory amenity areas
for such uses as restaurants and shops.
The Major Use Special Permit Application for the Parrot
Jungle and Gardens Project has a companion application for
Special Exception to allow the following:
Special Exception with City Commission approval, per
Article 4, Section 401 to allow restaurant/retail uses
in the PR Zoning District;
B-2
98- 3` 6`
The Major Use Special Permit Application for the Parrot
Jungle and Gardens Project also encompasses the following lower
ranking Special Permit:
CLASS II SPECIAL PERMIT as per Article 15,
Section 1511, for new construction along Biscayne Bay;
Pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, approval of the requested Major Use Special Permit
shall be considered sufficient for the subordinate permits and
referenced above.
The Project shall be constructed substantially in accordance
with plans and design schematics on file prepared by Koroglu
Associates - Architects. P.A., dated January 1998; the landscape
plan shall be implemented substantially in accordance with plans
and design schematics on file prepared by Curtis & Rogers Design
Studios, Inc., dated January 1998; said design and landscape
plans may be permitted to be modified only to the extent
necessary to comply with the conditions for approval imposed
herein; all modifications shall be subject to the review and
approval of the Director of the Department of Planning and
Development prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the PR Zoning
Districts, as contained in Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
B-3
9 8 - 376
The existing comprehensive plan future land use designation
allows the proposed mix and intensity of attraction and
commercial uses.
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, SHALL DO THE FOLLOWING:
1. Meet all applicable building codes, land development
regulations, ordinances and other laws.
2. Prior to the issuance of a building permit, provide the City
with a list of agencies from which approvals and/or permits
must be obtained prior to initiation of development and the
permit or approval required of each.
3. Prior to the issuance of a building permit, record a
certified copy of the development order with the Clerk of
the Dade County Circuit Court specifying that the
Development Order runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or
severally.
4. Allow the Miami Police Department to conduct a security
survey, at the option of the Department, and to make
recommendations concerning security measures and systems;
further submit a report to the Planning Department, prior to
commencement of construction, demonstrating how the Police
Department recommendations, if any, have been incorporated
into the PROJECT security and construction plans, or
demonstrate to the Planning Director why such
recommendations are impractical.
B-4
5. Provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire
Plan Review Section at the Department of Fire -Rescue for the
review of the scope of the PROJECT, owner responsibility,
building development process and review procedures, as well
as specific requirements for fire protection and life safety
systems, egress, vehicular access and water supply.
6. Provide a letter of assurance from the Solid Waste
Department that the PROJECT has addressed all concerns of
the said Department.
7. Prepare a Minority Participation and Employment Plan to be
submitted to the City's Director of Minority and Women
Business Affairs for review and comments, with the
understanding that the City's Minority/Women Business
Affairs and Procurement Ordinance No. 10538 is a guide that
the APPLICANT must use its best efforts to follow.
8. Prepare a Minority Contractor/Subcontractor Participation
Plan to the City's Director of Minority and Women Business
Affairs for review and comment, with the understanding that
the City's Minority/Women Business Affairs and Procurement
Ordinance No. 10538 is a guide that the APPLICANT must use
its best efforts to follow.
9. Pursuant to the comments received by the Zoning Division,
the applicant shall ensure that all driving lanes meet FDOT
standards for turning radii.
10. The proposed project shall be subject to the review and
approval (with conditions, if applicable) of the Miami -Dade
County Shoreline Development Review Committee.
11. Pursuant to the traffic study which was submitted by the
applicant as part of this approval, all proposed roadway
improvements, which are necessary for access and
circulation, shall be completed prior to the issuance of a
Certificate of Occupancy for this project.
12. The Lessee, Parrot Jungle & Gardens, Inc. of Watson Island,
shall comply with the Lease and Development Agreement dated
September 2, 1997 with the City of Miami.
IM
9 8 - 376
THE CITY SHALL:
1. Subject to payment of all applicable fees due, establish the
effective date of this Permit as being thirty (30) days from the
date of its issuance with the issuance date constituting the
commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
The Parrot Jungle and Gardens, proposed by the applicant,
Parrot Jungle & Gardens, Inc. of Watson Island, ("Applicant"),
complies with the Miami Comprehensive Neighborhood Plan 1989-
2000, is consistent with the orderly development and goals of the
City of Miami, and complies with local land development
regulations, and further, pursuant to Section 1703 of Zoning
Ordinance No. 11000:
(1) the PROJECT will have a favorable impact on the economy
of the City; and
(2) the PROJECT will efficiently use public transportation
facilities; and
(3) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to their
places of employment; and
(4) the PROJECT will efficiently use necessary public
facilities; and
B-6
9 8 - 37
(5) the PROJECT will not negatively impact the environment
and natural resources of the City; and
(6) the PROJECT will not adversely affect public safety;
and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be
mitigated through conditions of this Major Use Special
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of Zoning Ordinance No. 11000, the
specific site plan aspects of the PROJECT, i.e., ingress and
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
potentially adverse effects generally, have been considered and
will be further considered administratively during the process of
issuing individual building permits and certificates of
occupancy.
B-7
98 - 376`
EXHIBIT "C'
PROJECT s,rA7'IS,I,ICS
ZONING: PR PARKS, RECREATION AND OPEN SPACE
PRo�S.EQ. E�
O GR0t1ND
LEVEL
A_11PYER_LEYF1S
PARKING & DRIVES
117.740
SF
116.316
SF
WAREHOUSING & STORAGE FAC.
11.923
SF
10.572
SF
EDUCATIONAL & MUSEUM FACILITY
6.837
SF
EMPLOYEE & SUPPORT. FACILITY
1 1.698
SF
RESTAURANT do RETAIL
18.690
SF
ADMINISTRATION
8.866
SF
MEETING & BALI.ROOM FACILITY
39.994
SF.
PARROT BOWL AMPHITHEATER (1200 CAP.)
12.982
SF
JUNGLE THEATER AMPHITHEATER (800 CAP.)
10.575
SF
SERPENTARIUM (500 CAP.)
14,926
SF
5.939
SF
BARN/ ANIMAL HOUSING
3.780
SF
PLANT NURSERY
6.000
SF
PICNIC PAVILIONS/ ANCILLARY BUILDINGS
7.500
SF
PROP0SED
LOT COVERAGE
J
172,444
S]
►ROIOSEO
GROSS BUILDING AREA
NET LAND AREA
810.795
SF
CROSS LAND AREA
977.038
SF
AS PER LEASE
WITH THE CITY OF MIAMI
LOT' COVERAGE ALLOWED 325354 SF (33.3:)
LOT COVERAGE PROPOSED 172:444 SF 17.6':
PARKING SPACES REQUIRED 500 SPACES
PARXING SPACES PROVIDED 588 SPACES
COVERED
TRAI STRAILS 5360' (43.000 SF) i (1 33 MILES) 0 SF)
OPEN
SERVICE do LOADING AREA 17,385 SF
PNOPOSCO j PRO►0S[0 LOT COVERACE
GAEEH SPACE i NET LAND AREA - L OVERALL TMI . I
ere.wr ► .n.n ue •er.•
810.795 SF - (172.444+63.000+17.385) = 557 ^-
TOTAL SF
6P051 W-Lcv►
N/A
22.495 SF
6.837 SF
11.698 SF
18.690 SF
8.866 SF
39.994 SF
12.982 SF
10.575 SF
20.865 SF
3.780 SF
6.000 SF
7.500 SF
170.282_ SF
9 8 - 37b
37
PLANNING FACT SHEET
APPLICANT Parrot Jungle and Gardens, Inc. and City of Miami.
HEARING DATE March 4, 1998.
REQUEST/LOCATION Proposal for a Major Use Special Permit for the Parrot Jungle and
Gardens Project located on Watson Island at approximately 901
MacArthur Causeway.
LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office.
PETITION Consideration of a Major Use Special Permit for the Parrot
Jungle and Gardens Project to allow a Botanical Garden and
Visitor Attraction at approximately 901 MacArthur Causeway,
consisting of 172,444 square feet of various permitted attractions
uses, including accessory commercial uses, and extensive
botanical gardens; the project also proposes 588 parking spaces.
PLANNING Approval with conditions as specified in the attached
RECOMMENDATION Development Order; further conditioning said Development Order
on the execution of a "Joint Participation Agreement' between the
City of Miami and Miami -Dade County for the Parrot Jungle and
Gardens, Inc. Section 108 loan application.
BACKGROUND AND
ANALYSIS See attached.
PLANNING ADVISORY BOARD Approval VOTE: 5-0
CITYCOMMISSION Continued from CC 3/24/98.
APPLICATION NUMBER 98-005 Item #3
.................................................------..................................----------................---------------------..................-----..................,
CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
- ------------------------------------------ ------ -------- -----
Date: 03/17/98 Page 1
98 - 279
Analysis for
MAJOR USE SPECIAL PERMIT
PARROT JUNGLE AND GARDENS
901 MacArthur Causeway
CASE NO: 98-005
Project Description:
The proposed Parrot Jungle and Gardens Project is a Botanical Garden and Visitor
Attraction development to be located at approximately 901 MacArthur Causeway on
Watson Island. (see attached legal description, location maps and aerial photographs for
exact property boundaries).
The proposed PROJECT will consist of 172,444 square feet of visitor
attraction space, with extensive botanical gardens, accessory commercial space and
588 parking spaces.
The PROJECT will be located on an 18.6 acre tract of land on Watson Island
which is owned by the City of Miami and leased to Parrot Jungle & Gardens, Inc. of
Watson Island. The PROJECT is expected to attract over 546,000 visitors per year.
The Parrot Jungle and Gardens Project will consist of a series of attraction pavilions with
intermittent gardens and accessory amenity areas for such uses as restaurants and shops.
In determining the appropriateness of the proposed Botanical Gardens and Visitor
Attraction, the Department of Planning and Development has referred this project
to the Large Scale Development Committee (LSDC) and the Urban Development
Review Board (UDRB) for additional input and recommendations; the following
findings have been made:
• It is found that the proposed project will benefit the City of Miami by creating a new
major attraction facility on Watson Island to be enjoyed by city residents and visitors
alike.
• It is found that the proposed project is consistent with the City of Miami's adopted
Comprehensive Plan by providing a public use along this portion of Watson Island
that will allow greater numbers of people to enjoy the island.
98- 3'r6
• It is found that the traffic study which was submitted as part of the application for
development approval has concluded that there is sufficient capacity to accommodate
the proposed project; however, said plan specifies that appropriate levels of
circulation and access require the completion of a scheduled roadway improvement to
MacArthur Causeway; the completion of this roadway improvement project is
scheduled to coincide with the completion of the Parrot Jungle Project.
• It is found that the Urban Development Review Board (UDRB) has recommended
approval of the proposed project as specified on the attached minutes from its public
meeting held on February 11, 1998.
• It is found that the Large Scale Development Committee (LSDC) met on January 15,
1998 and has reviewed the project for compliance with technical concerns;
compliance with technical requirements shall be required prior to the issuance of
building permits and throughout the construction process. _
• Pursuant to the Police and' Fire Departments, the applicant shall continue to work
closely with appropriate representatives from each of said Departments to ensure that
all outstanding concerns regarding life safety issues are resolved prior to the issuance
of a•Certificate of Occupancy.
• It is found that due to the location of the proposed project along Biscayne Bay, the
applicant shall be required to present the project to the Miami -Dade Shoreline
Development Review Committee for review and approval; the City of Miami shall
require a final Resolution from said Committee prior to the issuance of a building
permit for the project.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
Based on these findings, the Department of Development, Building and Zoning is
recommending approval of the requested Arena Development _Project with the
following conditions:
1. The approval of this Major Use Special Permit shall -be subject to the
recordation of the final Development Order, specifying that the Development
Order runs with the property and is binding on the Applicant, its successors and
assigns, jointly or severally, prior to the issuance of any building permits for the
proposed project:
2. The Lessee, Parrot Jungle & Gardens, Inc. of Watson Island, shall comply with
the Lease and Development Agreement dated September 2, 1997 with the City of
Miami.
2
98- 31b
3. The applicant shall work closely with the Police and Fire Departments to
satisfactorily resolve all life safety issues involved prior to the issuance of a
Certificate of Occupancy.
4. The proposed project shall be subject to the review and approval (with
conditions, if applicable) of the Miami -Dade County Shoreline Development
Review Committee.
5. Pursuant to the traffic study which was submitted by the applicant as part of
this approval, all proposed roadway improvements, which are necessary for
access and circulation, shall be completed prior to the issuance of a Certificate of
Occupancy for the project.
6. This approval shall also be subject to all additional conditions specified in the
attached Development Order.
3
QY ` '
CITY OF MIAMI
URBAN DEVELOPMENT REVIEW BOARD
Meeting of February 11, 1998
UDRB Report for:
PARROTJUNGLE
Review of Major Use Special Permit proposal for development of a nature garden and zoological
Park to be known as "Parrot Jungle".
Item: 3 of 4
Location: Approximately the Northeastern sector of Watson Island.
Applicant: Koroglu Associates -Architects, P.A.
Case number: 98-203
Recommendation: Approval ( 5 to 0)
UDRB Resolution: Proposal recommended for approval as presented in plans and
supplementary materials submitted by the applicant, subject to
the following conditions:
That the character and style of the various structures and
spaces proposed as part of this application be further
studied in an attempt to achieve greater design cohesion and
harmony and thus heighten the visitor's experience as they
mov6 through the sequence of spaces laid -out in the plans.
2. That the issue of potential noise intrusion be carefully
studied and appropriately buffered so as to ensure that the
impact to adjacent residential neighbors is minimized and
kept at acceptable levels.
Staff Recommendations: Staff joins the board in commending the appticant for a proposal
of the highest merit and concurs with the Board's analysis and
recommendations as stated above.
CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2"d Avenue, 3rd Floor • Miami, FL. 33130
RESOLUTION PAB - 21-98
A RESOLUTION RECOMMENDING APPROVAL, OF A MAJOR USE
SPECIAL PERMIT FOR THE PARROT JUNGLE AND GARDENS PROJECT
TO ALLOW A BOTANICAL GARDEN AND VISITOR ATTRACTION AT
APPROXIMATELY 901 MACARTHUR CAUSEWAY, CONSISTING OF
172,444 SQUARE FEET OF VARIOUS PERMITTED ATTRACTION USES,
INCLUDING ACCESSORY COMMERCIAL USES, AND EXTENSIVE
BOTANICAL GARDENS; THE PROJECT ALSO PROPOSES 588 PARKING
SPACES.
HEARING DATE: March 4, 1998
ITEM NO. 3
VOTE: 5-0
7
ATTEST
o des Slazyk, Assistant D}
Department of Planning and
Development
98 -- 376
_1l V p E T I A N w A 1f
<
VENETIAN NAROR BIS AY
ISLA 0R-3SUB. TRACT4PAO E
S
R
C
m
98- 3'1G
STY OF MIAMI
DEPARTMENT OF PLANNING AND DEVELOPMENT
APPLICATION FOR
MAJOR USE SPECIAL PERMIT
IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR OCCUPANCIES INVOLVE MATTERS
DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE.
THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS.
(SEE ARTICLE 17 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE C17Y OF Al2AAa FLORIDA)
THE CITY COMMISSION SHALL REFER ALL APPLICATIONS FOR MAJOR USE SPECIAL PERMITS TO THE PLANNING ADVISORY BOARD AND
TO THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT FOR RECOMMENDATIONS, AND MAY MAKE REFERRALS TO
AGENCIES, BODIES, OR OFFICERS, EITHER THROUGH THE DEPARTMENT OF PLANNING AND DEVELOPMENT OR DIRECTLY, FOR REVIEW,
ANALYSIS AND/OR TECHNICAL FINDINGS AND DETERMINATIONS AND REPORTS THEREON. (SEE SEC77ON 1301.5 OF ORDINANCE 11000. AS
AMENDED, 771E ZONING ORDINANCE OF 771E C17YOF MIAAMl, FLORIDA)
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES ANY PERSON WHO RECEIVES
COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY
CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK MAIvII CITY HALL), LOCATED AT 3500 PAN AMERICAN
DRIVE, MIAMI, FLORIDA, 33133.
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK
I, Parrot Jungle & Gardens, Inc. , hereby apply to the Director of the Department of Planning
and Development of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17
of the City of Miami Zoning Ordinance.
Property Address:
Watson Island Miami Dade County
Nature of proposed use (be specific): Construction of a botanical garden and visitor
attraction. See Article 2 of MUSP.
APPLICATION MATERIALS
I attach the following in support and explanation of the application:
® 1. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the
date of application.
0 2. Affidavit disclosing ownership of property covered by application and disclosure of interest form (attach
forms 4-83 and 4a-83 to application).
Page I of 2
98- 3'w6
APPLICATION MATERIALS (continued)
I attach• the following in support and explanation of the application:
® 3. Certified list of owners of real estate within a 375-foot radius from the outside boundaries of property
(attach form 6-83 to application).
7 4. Maps of the:
a) Existing zoning designation.
b) Adopted comprehensive plan designation for areas on and around the property.
® 5. General location map showing relation to the site or activity to major streets, schools, existing utilities,
shopping areas, important physical features in and adjoining the project, and the like.
® 6. Concept Plan
a) Site plan and relevant information per Section 1304.2.1 d-h.
b) Relationships to surrounding existing and proposed futures uses and activities, -systems and facilities,
per Section 1702.3.2a.
c) How concept affects existing zoning and adopted comprehensive plan principles and designations;
tabulation of any required variances, special permits, changes of zoning or exemptions, per Section
1702.3.2b.
El 7. Developmental Impact Study (an application for development approval for a Development of Regional
Impact may substitute).
❑ 8. Other (be specific):
l� 9. Fee of $ 1, 500.00 , for the Major Use Special Permit, based on current fee schedule as set forth in
Chapter 62 of the Code of the City of Miami, as amended.
L!
10. Additional fee of $ , for any required special permits, changes of zoning or variances set
forth in chapter 62 of the Code of the City of Miami, as amended.
Total Fee: $
Signature
Name
Address
Phone/Fax
11000 S.W. 57th Avenue, Miami, FL 33156
305.669.7000 / 305.661.2230
Date January 15, 1998
FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN EXECUTED RESOLUTION BY THE
MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH'" "
MAJOR USE SPECIAL PERMIT APPLICATION IS APPROVED; IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION
DEVELOPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR AUTHORIZED AGENT AT i..c
ADDRESS SPECIFIED ABOVE.
Page 2 of 2
98- 3"16
AFFIDAVIT
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared JOSE GARCIA-PEDROSA
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with this affidavit �."'M'
and correct.
Further Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
19
r rr C .M11Ai_�;:oN FX2.
I
before me this day of
Ora G �� �rtagll�/ der ("- tgef 0 o behalf of
Tip. He/94 is personally known to me or who has -
as identification and who did (did not) take an oath.
' Name: X . i" 1 .
Notary Public -State of Florida
CommissionNo.:eC 3(f�,ZC FI'
My Commission Expires:
98- 3'�b
AFFIDAVIT
STATE OF FLORIDA
} SS
COUNTY OF MIAMI-DADE } B e r-t . L e v*i n-a ,president of Parrot
jungle & Gardens of Watson Island,
Inc., a Florida Corporation
Before me, the undersigned authority, this day personally appeared( ern le-W)Ae, QresJeniol Pabst :1"411
4 Gar+ E w .4 LJ4tso+L Ssr..J J. •, a
who being by me first duly sworn, upon oath, deposes and says: FG t 4At corPer,efo„)
1. That hekAe is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which heAh&represents, if any, have given their full and complete permission for himAw to act
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction wjthtt*s affidavit are true
and correct.
Further Affiant sayeth not.
Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 9 day of Fe4,-„�,,,
19_U_, by �ev.ne� rr_rS'J"-f ,; 4".1
j-",�a t 6an&ir.5ei(. 45,, T,%d,:Awho is personally known to mew
pGednew as identification and who did (did not) take an oath.
Na j Goy
XMI
GOLDMAN Notary Public -State of Florida
ow SSIONNCC686697 pecemher 2IXI1Commission No.:
,8.�� My Commission Expires:
..,.. 376
OWNER'S LIST
Owner's Name Parrot Jungle and _Gardens Of Watson Island, Inc.
(Leasehold Interest)
Mailing Address
11000 SW 57th Ave Miami, FL Zip Code 33156
Telephone Number 305 - 666 - 7834
Legal Description:
Owner's Name
(See attached)
City of Miami
Mailing Address P.O. Box 330708 Zip Code 33233-0708
Telephone Number (305) 416-1025
Legal Description: (see attached)
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Zip Code
Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address
The remainder of Watson Island
Street Address
Street Address
LegNl Description
Legal Description
Legal Description
8- 3
9715
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Botanical Gardens
COMMENCE AT A POINT KNOWN AS P.T. STATION 25+50 OF THE OFFICIAL MAP OF LOCATION AND SURVEY OF
A PORTION OF SECTION 8706, DESIGNATED AS A PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA AS
RECORDED IN PLAT BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID POINT
BEING THE POINT OF TANGENCY OF THE CENTERLINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS
MACARTHUR CAUSEWAY, RUNNING SOUTHEASTWARDLY FROM THE NORTHWESTERLY CORNER OF WATSON
ISLAND AND HAVING A RADIUS OF 1432.69 FEET AND A CENTRAL ANGLE OF 62000'00"; THENCE RUN NORTH
60052'45" EAST, ALONG THE NORTHEASTERLY PROLONGATION OF THE RADIAL LINE OF THE ABOVE
MENTIONED CURVE FOR A DISTANCE OF 670.74 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE
DESCRIBED, (SAID POINT BEING ALSO THE POINT OF BEGINNING OF LEASE AREA 1 MIAMI YACHT CLUB;
THENCE SOUTH 09052'53" EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LEASE AREA 1 AND ITS
SOUTHEASTERLY EXTENSION, FOR 857.30 FEET; THENCE SOUTH 60052'45" WEST, FOR 223.24 FEET TO ITS
INTESECTION WITH A LINE PARALLEL AND 100 FEET NORTHEASTERLY OF THE MOST NORTHERLY RIGHT OF WAY
LINE OF SAID MACARTHUR CAUSEWAY; (THENCE NORTH 29.07" 5" WEST , PARALLEL TO SAID RIGHT OF WAY
FOR 1100.97 FEET TO A POINT OF TANCENCY; A THENCE ALONG A TANGENTIAL CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 800 FEET, A CENTRAL ANGLE 25016'16" FOR AN ARC DISTANCE OF 352.85
FEET; THENCE SOUTH 90000'00' WEST FOR 94.95 FEET TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF
WAY LINE OF SAID MACARTHUR CAUSEWAY AND A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, SAID
POINT BEARS SOUTH 41051'52" WEST FROM ITS CENTER; B THENCE ALONG SAID CURVE HAVING FOR ITS
ELEMENTS A RADIUS OF 1090.64 FEET, A CENTRAL ANGLE OF 6047'18" FOR AN ARC DISTANCE OF 129.22 FEET
TO A POINT OF COMPOUND CURVATURE; C THENCE ALONG A COMPOUND CURVE CONCAVE TO THE SOUTHWEST
HAVING FOR ITS ELEMENTS A RADIUS OF 1441.25 FEET, A CENTRAL ANGLE OF 20027'49" FOR AN ARC
DISTANCE OF 514.75 FEET; D THENCE NORTH 34°54'16"EAST FOR 338.29 FEET; THENCE SOUTH 55°05'44"
EAST, FOR 726.47 FEET TO ITS INTERSECTION WITH THE APPROXIMATE SHORELINE OF BISCAYNE BAY; THENCE
CONTINUE ALONG SAID SHORELINE FOR THE FOLLOWING EIGHT COURSES: (1) SOUTH 88021'37" EAST FOR
63.38 FEET; (2) THENCE SOUTH 86°09'34" EAST FOR 68.47 FEET; (3) THENCE SOUTH 82033'21" EAST FOR
131.22 FEET; (4) THENCE SOUTH 72018'34" EAST FOR 87.21 FEET; (5) THENCE SOUTH 69029'02" EAST FOR
102.34 FEET; (6) THENCE SOUTH 61053'24" EAST FOR 82.52 FEET; (7) THENCE SOUTH 69005'26" EAST FOR
94.62 FEET; (8) THENCE NORTH 80040'44" EAST FOR 46.77 FEET TO ITS INTERSECTION WITH THE
SOUTHWESTERLY LINE OF SAID LEASE AREA 1; THENCE SOUTH 08°07'15" EAST ALONG SAID LINE FOR 288.12
FEET TO THE POINT OF BEGINNING AND THERE TERMINATING.
CONTAINING 18.6134 ACRES MORE OR LESS (INCLUDES 2.5025 ACRES MORE OR LESS OF SUBMERGED LANDS)
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See attached
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to thd City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest.
City of Miami, a municipal corporation of the State of Florida
3. Legal description and street address of any real property (a) owned by any party listed in answer to question 42, and
(b) located within 375 feet of the subject real property.
The remainder of Watson Island
or Attorney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The fore ing instrume was ackno led ed before me this /Y day of
19 , by —pa (or agentfon behalf of
a partnership. He/She is personally known to me or who has
nroduce&r as identification and who did (did not) take an oath.
C�
Name: . M • d,t>-_A:40,V
�T.�,.�..--,--r--�•� Notary ublic-State of Florida
Commission No. GG :69�4 c.?1�'
tiJin°',L C'= �'-`-; R-.'t My Commission Expires: 6/y/9f
alb— 376
DISCLOSURE OF OWNERSIi1P
1. Legal description and street address of subject real property:
2.
See attached
Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest.
N an E A DINR FSS 7SrAxp 7.t1
Q 3t1t 7FRFSL/N /�,4$R..1
QSuA/BLF i /'ArSd F�vS of Cud'1S�iy
er* Leuwe Il000 S•w 3T� hrG 50 X �-
M t a.s,; , F/,�xda 35154
M"�' °"^° +l o0 o S'•u, . 57A h-e SEE ATTACHED SHEET
F/nda 33r56
Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and
(b) located within 375 feet of the subject real property.
None.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 9 day of reA22:n,a
197, by 66r 1 �...��Resriv>} of Iarr,� 7,:31, f G.,Jw _,G".who is personally known to me opvAmahn
per— as identification and who did (did not) take an oath.
N -141, GacAmA'�
Notary Public -State of Florida
Commission No.:
My Commission Expires:
,p�� JUDY GOLDMAN
MY COMMISSION # CC686697
�tp���0� EXPIRES:Decemt+er3,:pp1
1. WO3NOTARY Fla. Notary Sarvic. E Bonding Co.
376
NAME ADDRESS
Bern Levine 11000 S.W. 5th Avenue
Miami, Florida 33156
Mary Levine 11000 S.W. 5th Avenue
Miami, Florida 33156
% INTEREST IN PARROT
JUNGLE & GARDENS OF
WATSON ISLAND, INC.
50%
50%
9 O 376
S
INTERNAL I1 PROVE117VT FUND
+� DEAD NO._ 19447
STATE OF FLORIDA
KNOW ALL MEN BY TnSE PRESENTS: That the undersigned, the
iTrustees of the Internal Improvement Fund of the State of Florida,
under and by virtue of the authority of Section 253.12, Florida Y
Statutes, 1941, and according to the provisions provided for in
Section 253.13, Florida Statutes, 1941, and for and in cbnsidera-
tion of the sum of Ten and 00/100 Dollars and other good. and
valuable considerations, to them in hand paid by CITY OP MIAHI,
Dade County, Florida, receipt of which is hereby acknowledged,
have granted, bargained, sold and conveyed to the said CITY OF
JdIAMI and its successors and assigns forever, the following de-
scribed lands, to -wit:
Beginnin; at the point of intersection of the
Easterly production of the Cen er Line*of Richmers
Street (now known as N. E. 13th Street) as shown on
the Amended Plat of "'RICI4LEM ADDITION'.' as recorded
in Plat Book 3, Page 2, with the U. S..Harbor Line
on the West side of Biscayne Bdy; thence run North-
erly along said.U. S. Harbor Line to a'point on a
line four hundred and fifty -feet North of and parallel
to the Easterly production of the said Center Line of
Rickmers Street (now known as N. E. 13th Street);
thence run Easterly along said line 450 feet North
of and parallel to the Easterly production of the
Center Line of said Rickmers Street (now known as
N. E. 13th Street) to the point of intersection with
that course described in Deed Book 361, Page 353, as
follows: "Thence in a Southeasterly direction to
the Southeast corner of the Southwest Quarter of
the Southwest Quarter (SN1; of SWl)` of Section 32,
Township 53 South, Range 42'East Thence South-
easterly along the -said last described course to'
the said Southeast corner of the SIN of SY14 of
Section 32, Township 53 South, Range 1E2 East; Thence
run South along the -Writ line of the NEJ of NW} of
Section 5, Township 54 South, Range 42 ast to•a
point eighty feet Northerly from and measured at
right angles to the Center Line of the Miami Muni-
cipal Channel; Thence run Southeasterly followiu(�
that course 'described in Deed Book 11�.7�, Page 474 �--�
.as follows: "Commencing at the intersection of the
Kest Line of the NE; of MI-. of Section 5, Township
54 South, Range 14.2 East, and a line parallel to
and eighty feet Northerly from, and measured at
right angles to the Center Line of the Miami Muni-
ci al Channel", -to the mast boundary of the West
39 of said Section 5; Thence run South along the
East boundary of the West 3/4 of said Section 5
and Section 6, Township 51+ South, Range 42 East,
to the Northerly Line of the FrC Railway Company
Channel as described in aforesaid Deed Book 1472,
Page 474; Thence run Westerly along the said
Northerly line of the FEC Railway Company Channel
to the East line of the NW;'of Section 8, Town-
ship 54 South, Range 42 East; Thence run Westerly
t
4
t
fart•. �U FAGE; b8
6
r.
along thnt line described in Chapter 13666 (No..102)
Laws of Plorida - 1929 as follows: "Thence westerly
to the Intersection of the P. & 0.-S.S. Channel and
the Channel extending from the mouth of the Miami
River in a Southeasterly direction", to the East.
line of Section 7, Township 54 South, Range 42 East;
Thence run•South along the said East line of Section
7, Township 54 South, Range 42 East to a point 2000
feet North of. the South line of Section 7,-Township
54 South, Range fat East, being that point at the
termination of the line described in Deed Book-190j:Y, v
Page 355 Parcel•"B".as follows: "Thence North .along
the East 'Line of said Section 7 for a distance of
200O:feet to .a pointn; Thence along the course de —
scribed in Deed -Nook 1900, Page 355, as follows:
"Thence Southwest 2828 feet to a point on the South
ry. boundaof - said Section 7", to- a point 2000 feet
Weat'of the Southeast corner of said Section 7; _
Thence -run West along the South line of said Section
7 and -the South line of said Section'7 produced East,
to the point of intersection with the U. S. Harbor
Line on the West side of Biscayne Bay; thence run
Northerly along the said U. S. Harbor Line to the
point of beginning.
Except therefrom the following described BAY BOTTOM
LAND ARFJ,, -FOR ME-L INE -IN CONNECTION WITH PROPOSED
85 ACRE BURLINGAME ISLAND. .
Beginning at .the point -of-interseotion- of` th6"tbuth-
easterly:production of the Northerly side of S:. _
14th Street, tlie--esme- being. the_:5butherly line of--
Highleyymman's Subdivision ea recorded in Plat Book 1,.
Page 184-of the -Public Records of Dade County, Florida,
with the U. S:. Harbor Line on the Westerly side of
Biscayne Bay; thence Northerly along the said U. S.
Harbor Line and the Northerly extension thereof 3800
feet, more or less, to the point of intersection
with the Southerly line of Miami River Channel, as
shorn and established on Sheet -No. 2 of plan pre-- -
pared,by U. S,-Ehgineer-Office, Jacksonville,. Florida,_.
Hovember -1934, :showing- laiami-River, Florida, -cofidi
tions on:completion of Dredging or CheAnel Project;
thence Northeasterly along the said Southerly line
of Miami River Channel.and the Northeasterly pro-
duction thereof 2500 feet to a point; thence- Southerly`
5300 feet, more or. less, along a line parallel to- the -
Southerly production of the dividing line between.-
Township 53 South, Range Last and Township 53 South,
Range 12 East to the point of intersection with the
aforesaid. Southeasterly production of the Northerly
side of S.;. E..34th Street; -thence Northwesterly
2900 feet, more or less, along the said Southeasterly
Production of the Northerly side of S. E. 14th Street
to the U. S. Harbor Line, the point of beginning.
And further excepting therefrom all land title to
which is in private parties. /.
TO HAVE AND TO HOLD the said above mentioned and described
land and premises, and all -the title and interest of the Trustees
therein as granted to them by Section 253.12, Florida Statutes,
1941, unto the said CITY OF MIAMI and its successors and assigns
forever.
98- 376
SAVING AND RESERVING unto the Trustees of the Internal'Impro,
went Fund of Florida, and .their successors, ari'. undivided three -
;fourths interest in and title in and to an undivided three -fourth.
;interest. in all the phosphate, minerals and metals that are or nay
I�pe in, on or under the said above described lands, and an undivid;
;one-half interest in and title in and to an undivided one-half in.
;.terest in all the petroleum that is or may be in or under the salt
'above described land, with the privilege to mine and develop the
same.
PROVIDED, HOWEVER, anything. herein to the contrary notwith-
,standizi ; d "thlb deed -is' aiveri and-grantied' upon•_the•'expre9s condi.tic
.subsequent that the Grantee. herein or. 1't3 auccea_sors and assigns
shall nevor_sell ar convey or lease the above -described• -land -or -
part tshereof xo any private person, firm or corporation -for
Zany private use or purpose, it being the intention o.f'this re-
1striction that.the said.lands shall beused solely for public
fpurposes, includXng municipal purposes, end -not oth6rwise.
PROVIDED, FURTHER, anything herein to the contrary notwith-
�Standin;, this deed is given and granted upon the further express
condition subsequent that the Grantee -herein or its successors or
'assigns shall not give or grant any liconse or permit to any pri-
�vate person, firm or corporation to construct or make by any means
any islands, fills, embankments, structures, buildings or other
.similar things within or upon the above described lands or any__-_-
part thereof for any private use or purpose, as distinguished from
siny public or municipal use or purpose.
fl It is covenanted and agreed that the above conditions subse-
quent shall run with the land and any violation thereof shal'
gender this deed null and void and the above described lands .11:
in such event,. revert to the Grantors or. tkCe1,r successors.
pIN ,,ITNESS IYH:_:RBOF, the Trustees of -the Internal Improvement
rFund of the State of Florida have hereunto subscribed their names
PEN
r d affixed their seals, and have caused the seal of the "DEPART -
ENT OF AGRICULTURE OF THE STATE OF FLORIDA", to be hereunto
affixed,- at the Capitol•, in the City of Tallahassee, on this the
r th day of February , A. D. Nineteen Hundred and
Forty-nine.
Gnor
FFG (SEAL)
omp ro e�r/
Treasurer /I
�-,I_(SZAL)
Attorney
f g,ELL )
Co .oner o Agr, cu re
Slate of Floii!:a. Cosnty of Dade. da of
This-nst:trn:en; w2s lied for record.the..:/
-•• y
at.�i`��+t and duly recorded in-�
19y9 .l
.•.on f aced file No.
f3ook..3,1 3Q.z &. LEATMCkµAtl
Clark Circuit Court
rj
7/25/96 `
RESOLUTION NO. 9 f
A RESOLUTION, WITH ATTACHMENT (S) , AUTHORIZING
THE CITY MANAGER TO EXECUTE A NEGOTIATED
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE STATE OF FLORIDA, BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST,
FOR A PARTIAL MODIFICATION OF THE DEED
RESTRICTIONS ON WATSON ISLAND NECESSARY TO
ALLOW THE PROPOSED DEVELOPMENT OF A BOTANICAL
GARDEN ATTRACTION UNDER A PROPOSED LEASE TO
PARROT JUNGLE AND GARDENS, INC., PROVIDING
FOR COMPENSATION TO THE STATE OF NOT MORE
THAN SEVEN AND ONE HALF PERCENT (7.5%) OF
CERTAIN REVENUES AS SET FORTH IN SAID
AGREEMENT.
WHEREAS, pursuant to applicable Sections of the Charter and
Code of the City of Miami, Florida ("Charter and Code"), as
amended, pertaining to Unified Development Projects, Parrot
Jungle and Gardens, Inc. submitted a proposal to the City of
Miami ("City") for the development and operation of a botanical
garden attraction on approximately 18.6 acres of City -owned
waterfront property on Watson Island on a lease basis for a
period of forty-five (45) years with the option to renew for one
additional fifteen (15) year period; and
WHEREAS, said proposal was duly evaluated and accepted by
the City and the proposed lease transaction as subsequently
approved by a majority of voters of the City at a referendum held
November 7, 1995; and
ATTACHMENT (5)!
COITAIMED i
CITY COM 41SSION
MEETTTIG OF
J U L 2 5 1995
Rew1ut:on No.
96- 555
98-- 376
/"
WHEREAS, the subject City -owned property, along with the
balance of Watson Island and other lands, were given to the Cit.
by the State of Florida ("State") under Deed No. 19477 which
stipulated that said lands be used solely for public purposes,
including municipal purposes, thereby requiring approval from the
State for any lease to a private entity; and
WHEREAS, pursuant to Resolution No. 95-868,' adopted
December 7, 1995, the City requested the Governor and Cabinet of
the State of Florida, sitting as the Board of Trustees of the
Internal Improvement Trust (the "Board"), to grant either a
determination of consistency or a waiver of the deed restrictions
as it pertains to the proposed development and lease; and
WHEREAS, the City Manager and staff of the Department of
Community Planning and Revitalization have worked diligently with
the Florida Department of Environmental Protection ("DEP") tc,
reach an agreement regarding said matter, which is to be heard by
the Board at its July 23, 1996 meeting; and
WHEREAS, the City Manager and staff have recommended, and
the State has agreed to accept a form of compensation in
consideration of a partial modification to said deed
restrictions, said compensation being based on a recent appraisal
of the proposed project, and to be paid annually by the City; and
WHEREAS, the; calculation of said compensation has been
agreed as: $26,250 (= 7.5% of $350,000, the minimum rent from
said appraisal) or the cumulative total of the following,
whichever is greater: 0.53% (= 7.5% of 7%) of gross revenues
from ticket sales (admissions), 0.23% (= 7.5% of 3%) of grosF
- 2 - 198- Ti6,
96- 555
revenues from banquet and restaurant food sales, and 0.3% (= 7.5%
of 4%) of gross revenues from retail, gift and concession sales; -
and
WHEREAS, the attached agreement provides complete. -and
detailed terms and conditions for the partial waiver of said deed
restrictions;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized-/ to
execute a negotiated agreement, in substantially the attached
form, with the State of Florida, Board of Trustees of the
Internal Improvement Trust, for a partial modification of the
Deed Restrictions on Watson Island necessary to allow the
proposed development of a botanical garden attraction under a
proposed lease to Parrot Jungle and Gardens, Inc.,, and providing
for compensation to the State of Florida of not more than seven
and one half .percent (7.5%) of certain revenues as set forth in
said agreement.
i� The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
- 3 -
96- 555
98— 376
Section 3. This Resolution shall become effecti
immediately upon its adoption.
PASSED AND ADOPTED this 25th day of July 1996.
bLLO; MAYOR
ATTEST,
WALTER J.
CITY CLE
PREPARED AND APPROVED BY:
LINDA BELLY KE
ASSISTANT CITY
APPROVED AS TO FORM AND CORRECTNESS:
- 4 -
8 ` sD ri 6
96- 55
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
PARTIAL MODIFICATION OF RESTRICTIONS
DEED NO. 19447
KNOW ALL MEN BY THESE PRESENTS: That
WHER£AS,'the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA, ("BOARD OF TRUSTEES"), is by
Section 253.03, Florida Statutes, authorized and empowered to modify
restricted uses for certain lands under the terms and conditions set
forth herein; and,
WHEREAS, the said BOARD OF TRUSTEES conveyed to the City of
Miami ("CITY") certain lands more particularly described in Deed No.
19447, recorded in Deed Book 3130, Page 257, Public Records of Dade
County, Florida; and
WHEREAS, said Deed No. 19447 contains the following
restrictions ("Original Restrictions"):
PROVIDED, HOWEVER, anything herein to the contrary
notwithstanding, this deed is given and granted upon the
express condition subsequent that the Grantee herein or its
successors and assigns shall never sell or convey or lease
the above described land or any part thereof to any private
person, firm or corporation for any private use or purpose,
it being the intention of this restriction that the said
lands shall be used solely for public purposes, including
municipal purposes and not otherwise.
PROVIDED, FURTHER, anything herein to the contrary
notwithstanding, this deed is given and granted upon the
further express condition subsequent that the Grantee herein
or its successors or assigns shall not give or grant any
license or permit to any private person, firm or corporation
to construct or make by any means, any islands, fills,
embankments, structures, buildings or other similar things
within or upon the above described lands or any part thereof
for any private use or purpose, as distinguished from any
public or.municipal use or purpose.
It is covenanted and agreed that the above conditions
subsequent shall run with the land and any violation thereof
shall render this deed null and void and the above described
F-1
9 8 r 376
lands shall, in such event, revert to the Grantors or their
successors.
WHEREAS, the CITY is desirous of leasing that portion of the
lands conveyed to the CITY by Deed No. 19447 which is described in
Exhibit A attached hereto and made a part hereof to Parrot Jungle &
Gardens, Inc., a Florida corporation, to allow for the relocation
and development of a botanical garden and aviary attraction known as
Parrot Jungle & Gardens, on Watson Island and in order, to accomplish
the same, it is necessary that the Original Restrictions be modified
by the BOARD OF TRUSTEES; and
WHEREAS, said BOARD OF TRUSTEES did approve this Partial
Modification of Restrictions on the 26th day of June, 1997.
NOW THEREFORE, IT IS HEREBY COVENANTED AND AGREED:
THAT the Original Restrictions pertaining to the lands
described in Exhibit A are hereby modified by the BOARD OF TRUSTEES
to allow the CITY to lease the lands described in Exhibit A to
Parrot Jungle & Gardens, Inc., a Florida corpora-tion, for the
relocation and development of a botanical garden and aviary
attraction known as Parrot Jungle & Gardens, on Watson Island on the
lands described in Exhibit "A", subject to the following conditions
("Special Conditions"):
1. The CITY will insure and guarantee that the Parrot Jungle &
Gardens, Inc., shall obtain all permits required by law for the
proposed development. The BOARD OF TRUSTEES recognizes that
ownership of the proposed development may change (although it is
understood that the nature of the operation will not change). In
such event, the CITY will insure and guarantee that Parrot Jungle &
Gardens, Inc., or its successors and assigns will obtain the.
required permits.
2. The CITY shall submit annual financial audit reports to the
BOARD OF TRUSTEES which have been completed by an independent
certified public accounting firm in accordance with generally
accepted accounting standards and practices which certify the
accuracy of the annual rental payments required by Special Condit
Page 2 of 10
Partial Modification of Restrictions
Deed No. 19447
F-2
No. 4 of this Partial Modification of Restrictions as described
below.
3. Development of the lands described in Exhibit "A" as a
botanical garden and aviary attraction known as Parrot Jungle &
Gardens shall be completed within five years of the execution of
this Partial Modification of Restrictions which shall be verified
by the CITY in annual reports to the BOARD OF TRUSTEES until the
proposed development is completed. Parrot Jungle r Gardens will
be deemed completed upon being "open to the public" ("Date of
Completion."). The Date of Completion shall be within five years
of execution of this Partial Modification of Restrictions. The
BOARD OF TRUSTEES recognizes that there may be instances when
unavoidable delays may be encountered which are caused by
circumstances beyond the reasonable control of the CITY. and could
not have been or cannot be overcome by the CITY's due diligence.
In the unlikely event of such an unavoidable delay, the BOARD OF
TRUSTEES agrees to the following process:
a. Upon occurrence of such an event causing delay, or
upon becoming aware of a potential for delay, the CITY shall
notify the Director of the Division of State Lands, Department of
Environmental Protection ("Division") in writing within seven
days of the anticipated length and cause of the delay, the
measures taken or to be taken to minimize the delay and the
timetable by which the CITY intends to implement these measures.
b. The parties will then enter into discussions to
determine the appropriate extension to allow the CITY adequate
time to meet the delay or anticipated delay. The Division may
agree to extend the time for performance hereunder for a period
equal to the agreed delay from such circumstances. Such
agreement shall adopt all reasonable measures necessary to avoid
or minimize delay.
C. If the parties cannot agree, the Division will
provide the CITY with notice and an opportunity for a hearing
Page 3 of 10
Partial Modification of Restrictions
Deed No. 19447
F-3 9 8 - 376
before the BOARD OF TRUSTEES before determining that the CITY it
not in compliance with Special Condition No. 3.
4. The CITY shall make two annual payments to the BOARD OF
TRUSTEES, in the amount of twenty-six thousand two hundred fifty and
00/100 dollars ($26,250.00) each or the cumulative total of the
following, whichever is greater:
a. 0.64 percent of annual gross ticket sales at
Parrot Jungle & Gardens;
b. 0.225 percent of annual gross banquet/restaurant food
revenues at Parrot Jungle & Gardens; and
C. 0.3 percent of annual gross retail/gift/concessions
sales at Parrot Jungle & Gardens.
The CITY shall make its first annual payment to the BOARD OF
TRUSTEES no later than thirteen (13) months after the Date of
Completion. The CITY shall make its second annual payment to the
BOARD OF TRUSTEES no later than twenty-five (f5) months after the
Date of Completion.
5. It is hereby agreed to by the CITY and the BOARD OF
TRUSTEES that, commencing twenty-four (24) months from the Date c
Completion, the CITY shall be responsible for making payments on a
monthly basis to the BOARD OF TRUSTEES. Each monthly payment shall
be made no later than thirty (30) days after the -end of the month
for which payment is due. Monthly payments shall continue for
forty-eight (48) years, or as long as Parrot Jungle 6 Gardens is
located on the lands described in Exhibit "A", whichever is a longer
period of time, as follows:
a. 0.64 percent of monthly gross ticket sales at
Parrot Jungle 6 Gardens;
b. 0.225 percent of monthly gross banquet/restaurant
food revenues at Parrot Jungle & Gardens; and
C. 0.3 percent of monthly gross retail/gift/concessions
sales at Parrot Jungle & Gardens.
If after every twelve (12) monthly payments, commencing on the date
on which the CITY begins making monthly payments, the total monthly
payments for the preceding twelve (12) month period do not equal or
exceed $26,250.00, the CITY shall pay the BOARD OF TRUSTEES the
Page 4 of 10
Partial Modification of Restrictions
Deed No. 19447
F-4 g _ 311 6
difference between $26,250.00 and the total monthly payments for
said twelve (12) month period.
6. This Partial Modification of Restrictions applies only to
the lands described in Exhibit A and shall not affect or modify the
restrictions imposed upon the other lands described in Deed No.
19447 which have not previously been waived or modified by the BOARD
OF TRUSTEES.
7. If the CITY refuses or otherwise fails to comply with any
or all of the Special Conditions in a timely manner to the
satisfaction of the BOARD OF TRUSTEES, and the CITY and/or Parrot
Jungle & Gardens, Inc., and/or the mortgagee of Parrot Jungle and
Garden, Inc. ("Lessee's Mortgagee"), fails to cure any default or
non-compliance after being given the opportunity to do so in
accordance with Special Condition Nos. 8 and 9, respectively, this
Partial Modification of Restrictions shall automatically, and
without any other notice of any kind, terminate, cease to exist, and
be null and void ab initio and the Original Restrictions contained
in Deed No. 19447, except for those which have been previously
waived or modified by the BOARD OF TRUSTEES, shall be re -imposed on
the lands described in Exhibit A.
8.. It is recognized and agreed by the CITY and the BOARD OF
TRUSTEES that the CITY is entitled to basic notice of default and
an opportunity for a hearing before the BOARD OF TRUSTEES voids
this Partial Modification of Restrictions.. Therefore, the
following process is established:
a. The BOARD OF TRUSTEES.agrees that in the event
that the BOARD OF TRUSTEES or the Division finds that the CITY
has failed to comply with all of the Special Conditions in a
timely manner, the BOARD OF TRUSTEES or Division will issue
notice to the CITY of such failure. A notice of noncompliance
issued by the BOARD OF TRUSTEES or Division will state the
alleged area of noncompliance and will provide the CITY with
reasonable time (being no less than thirty (30) days from receipt
Page 5 of 10
Partial Modification of Restrictions
Deed No. 19447
eii F-5 9 8- 376
of notification) to cure a default in payment or other area of
noncompliance.
b. The BOARD OF TRUSTEES agrees that the Original
Restrictions set forth in Dedication No. 19447 and referenced in
this Partial Modification of Restrictions shall not be re -imposed
until such time as a hearing is provided before the BOARD OF
TRUSTEES and the BOARD OF TRUSTEES finds the CITY to be in
.default of the required payment or in noncompliance of a Special
Condition. In the event of such a finding of default or
noncompliance, the BOARD OF TRUSTEES may, after compliance with
Special Condition No. 9, order that this Partial Modification of
Restrictions be terminated and nullified.
9. The BOARD OF TRUSTEES agrees that in the event the BOARD
OF TRUSTEES or the Division issues a notice of non-compliance to
the CITY pursuant to Special Condition No. 8 above, a copy of
such notice of non-compliance shall also be delivered at the same
time to Parrot Jungle & Gardens, Inc., and to Lessee's Mortgagee.
If the CITY fails to cure the default in payment or other area of
non-compliance and a hearing is scheduled before the BOARD OF
TRUSTEES, the BOARD OF TRUSTEES shall give Parrot Jungle &
Gardens, Inc., and Lessee's Mortgagee reasonable notice of such
hearing and the right to attend. In the event the BOARD OF
TRUSTEES determines at such hearing that the default or non-
compliance has not been cured, Parrot Jungle & Gardens, Inc.,
and/or Lessee's Mortgagee shall have 30 days from the date the
BOARD OF TRUSTEES enters its finding of default or non-compliance
to cure any monetary default and 90 days from such date to cure
any non -monetary default. Notwithstanding the foregoing, if
Parrot Jungle �_,ardens, Inc., and/or Lessee's Mortgagee cannot
cure such non -monetary default within the 90 day period, the
BOARD OF TRUSTEES, at its sole discretion, may extend such 90 day
period to give Parrot Jungle & Gardens, Inc., and/or Lessee's
Mortgagee adequate time to cure such non -monetary default
provided that Parrot Jungle & Gardens, Inc., and/or Lessee's
Page 6 of 10
Partial Modification of Restrictions
Deed No. 19447
F-6 9 8
Mortgagee undertakes necessary cure provisions and diligently
prosecutes the same. This Partial Modification of Restrictions
may not be terminated or nullified until such time as Parrot
Jungle a Gardens, Inc. and/or Lessee's Mortgagee shall have
failed to cure the default or non-compliance within the time
frame set forth above.
10. The BOARD OF TRUSTEES and the CITY agree that the Lease'
between the CITY, as lessor, and Parrot Jungle 6 Gardens, Inc.,
as lessee, attached hereto as Exhibit B was anticipated in the
BOARD OF TRUSTEES' approval of this Partial Modification of
Restrictions to allow for the relocation and development of
Parrot Jungle & Gardens in accordance with the Lease attached as
Exhibit B.
11. This Partial Modification of Restrictions shall become
effective upon execution by the parties.
Page 7 of 10
Partial Modification of Restrictions
Deed No. 19447
F-7 (,C! 8 ` 3 7 6
IN WITNESS WHEREOF, the
Modification of Restrictions
, 1997.
Witness
01 161 r a LA Air
Print/TNIve Witness ame
STATE OF FLORIDA
COUNTY OF LEON
parties have caused this P tial
to be executed on this Nxihday of
BOA D OF)TRUSTEES OF THE INTERNAL
IMPF40VENT TRUST FUND OF THE
STA F FLORIDA _ • %i
r�1n. i n . zv ";w" t v c.. ,
DIRECTOR, D VISION OF S ATE
LANDS, DEPARTMENT OF _
ENVIRONMENTAL PROTECTION
V-�The foregoing.inst ument was cknowledged before me this
day of , 19Q�, by Percy W. Mallison, Jr.,
as Director, Divis' o State Lan s, Department of Environmental
Protection, actin agent for and on behalf of the BOARD OF
TRUSTEES of the Internal Improvement Trust Fund of the State of
Florida. He is personally kn to me.
No a Public, State of F1 da
,�AY P`Bo
OPATRICIOFFOAL A LO OO Y
r o carssum man" Printed/Typed/Stamped Name
A < CC545663
e a� wCOWASSKMEXPW Commission No.
01 FI- APR. 18,2000
Commission Expires:
Approved as to Form and Legality
DEP Attoiney
gage 8 of 10
Partial Modification of Restrictions
Deed No. 19447
;� F-8 � r f
Witneis
21i,E7�
Print/Type Witness Name
_,TY OF MIAMI, FLORIDA, a municipal
Corporation of the St to of Florida
BY (SEAL)
Edward Mar a Cit Manager
Edward Marquez
(Print/Type Name)
2=�=� ATTEST:
Witness
Anal ` 4�.,, loC'
Print/Type Witness Name
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
.�
By:
Walt . Foema
City Clerk
(OFFICIAL SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
By: i
A. inn n ,III
City Att y
The foregoing instrument was acknowledged before me this a U- day of
1997, by Ed WCrCL t z.,City Manager
on behalf of the CITY OF MIAMI, FLORIDA. I&She s personally known tom or produced
as identification.
sEA�
`'�DUe( ANOIE RUILOSA
2 4l` '� �C� COMWINSON NUMBER
CCS38387
MY COMMISSION EXRRES (i 1 ��xM 1
0 iJ�
PST UK SIGNATURE OF NOTARY PUBLIC
NAME OF NOTARY PUBLIC STATE OF FLORIDA
/,r"_j c 01�"(_.!3�—_ .
Did Take An Oath
Did Not Take An Oath
7_ Personally Known
Produced I.D.
Type of I.D. Produced:
My Commission Expires:
CFK/pb/W007
Page 9 of 10
Partial Modification of Restrictions
Deed No. 19447
F-9
oS1= lob
EXHIBIT A
COMMENCE AT A POINT KNOWN AS P. T. STATION 25+50 OF THE OFFICIAL
MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706,
DESIGNATED A PART OF STATE ROAD A-1-A IN DADE COUNTY,, FLORIDA, AS
RECORDED IN PLAT BOOK 56, AT PAGE 71, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORfDA, SAID POINT BEING THE POINT OF TANGENCY OF
THE CENTER LINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS
MACARTHUR CAUSEWAY, RUNNING SOUTHEASTWARDLY FROM THE
NORTHWESTERLY CORNER OF WATSON ISLAND AND HAVING A RADIUS OF
1432.69 FEET AND A CENTRAL ANGLE OF 62*00100"; THENCE RUN NORTH
60052'45" EAST, ALONG THE NORTHEASTERLY PROLONGATION OF THE
RADIAL LINE OF THE ABOVE MENTIONED CURVE FOR A DISTANCE! OF 67.9.74
FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED.
(SAID POINT BEING ALSO THE POINT OF BEGINNING OF LEASE AREA 1
MIAMI YACHT CLUB); THENCE SOUTH 09052153" EAST ALONG THE
SOUTHWESTERLY LINE OF SAID LEASE AREA 1 AND ITS SOUTHEASTERLY
EXTENSION, FOR 857.30 FEET; THENCE SOUTH 60°52145" WEST, FOR
223.24 FEET TO ITS INTERSECTION WITH A LINE PARALLEL AND 100 FEET
NORTHEASTERLY OF THE MOST NORTHERLY RIGHT OF WAY LINE OF SAID
MACARTHUR CAUSEWAY; THENCE NORTH 29°07'15" WEST, TO SAID PARALLEL
THE RIGHT OF WAY FOR 1100.97 FEET TO A POINT OF TANGENCY; (A)
THENCE ALONG A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 800.00 FEET, A CENTRAL ANGLE OF 25016'16" FOR AN ARC
DISTANCE OF 352.85 FEET; THENCE SOUTH 90°00'00" WEST FOR 94.95
FEET TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF
SAID MACARTHUR CAUSEWAY AND A CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST, SAID POINT BEARS SOUTH 41051'52" WEST FROM ITS CENTER;
(B) THENCE ALONG SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF
1090.64 FEET, A CENTRAL ANGLE OF 06047'18" FOR AN ARC DISTANCE OF
129.22 FEET TO A POINT OF COMPOUND CURVATURE; (C) THENCE ALONG A
COMPOUND CURVE CONCAVE TO THE SOUTHWEST HAVING FOR IT'S ELEMENTS
A RADIUS OF 1441.25 FEET, A CENTRAL ANGLE OF 20°27'49" FOR AN ARC
DISTANCE OF 514.75 FEET; (D) THENCE NORTH 34°54'16" EAST FOR
338.29 FEET; THENCE SOUTH 55°05'44" EAST, FOR 726.47 FEET TO ITS
INTERSECTION WITH THE APPROXIMATE SHORELINE OF BISCAYNE BAY;
THENCE CONTINUE ALONG SAID SHORELINE FOR THE FOLLOWING EIGHT
COURSES: (1) SOUTH 88°21'37" EAST FOR 63.38 FEET; (2) THENCE
SOUTH 86009'34" EAST FOR,68.47 FEET; (3) THENCE SOUTH 82033'21"
EAST FOR 131.22 FEET; (4) THENCE SOUTH 72°18'34" EAST FOR 87.21
FEET; (5) THENCE SOUTH 69'29'02" EAST FOR 102.34 FEET; (6)
THENCE SOUTH 67053'24" EAST FOR 82.52 FEET; (7) THENCE SOUTH 69
005'26" EAST FOR 94.62 FEET; (8) THENCE NORTH 80°40'44" EAST FOR
46.77 FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF
SAID LEASE AREA 1; THENCE SOUTH 08007'15" EAST ALONG SAID LINE
FOR 288.12 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING.
CONTAINING 18.6134 ACRES MORE OR LESS (INCLUDES 2.5025 ACRES MORE
LESS OF SUBMERGED LANDS).
Page 10 of 10
Partial Modification of Restrictions
Deed No. 19447
F-10
ZONING FACT SHEET
Case Number: 1998-0091 02-Mar-98 Item No: 6
Location: 901 Mac Arthur Causeway
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Parrot Jungle & Gardens, Inc., Leasee Bern Levine, D.V.M., President
City of Miami, Owners 11000 SW 57 Avenue
4,44 SW 2nd Avenue _
Miami, FL 33131 Miami, FL 33156
App. Ph: (305) 416-1025 Rep. Ph: (305) 669-7000 ext
Rep. Fa (305) 661-2230 ext
Zoning: PR Parks & Recreation
Request: Special Exception, requiring City Commission approval, as part of a Major Use
Special Permits for Parrot Jungle, as listed in Ordinance No. 11000, as amended,
the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, Conditional Principal Uses, PR Parks & Recreation, to allow
restaurant/retail uses on PR Parks & Recreation zoning district.
Recommendations:
Planning and Development: Approval with conditions
Public Works:
Plat and Street Committee:
Dade County Transportation: No comments.
Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: N/A
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on: N/A
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History:
Analysis: Please see attached.
Zoning Board Resolution No: ZB 1998-0026
9 8 - 376
ZONING FACT SHEET
Case Number: 1998-0091 02-Mar-98 Item No: 6
Zoning Board: Approval with conditions to City Commission Vote: 7-0
Appellant: N/A
9O -- 376
Analysis for Special Exception as a component of a
Major Use Special Permit for the
PARROT JUNGLE AND GARDENS PROJECT
located at
901 MacArthur Causeway on Watson Island
CASE NO. 1998-0091
Pursuant to Ordinance 11000, as amended, • the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Parrot Jungle and Gardens Project has been
reviewed to allow the following Special Exception:
• Special Exception per Article 4, Section 401 to allow restaurant and retail uses within
the PR zoning district.
The requested Special Exception is a component of a Major Use Special Permit for the
Parrot Jungle and Gardens Project to be located on Watson Island. The proposed project
will consist of approximately 172,444 square feet of visitor attraction space including
accessory commercial uses and extensive botanical gardens with 588 parking spaces (see
attached legal description, location maps and aerial photographs for exact property
boundaries).
The following findings have been made:
• It is found that the proposed development project will benefit the City of Miami by
creating a new major attraction facility on Watson Island to be enjoyed by city
residents and visitors alike.
• It is found that the subject of this Special Exception, specifically, the approval of
retail and restaurant uses as a component of the attraction facility, is completely
within the scope and character of the project given that it is a high profile visitor
attraction to be located within a significant parcel on Watson Island estimated to
attract approximately 546,000 visitors per year.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
• It is found that the Urban Development Review Board (UDRB) has recommended
approval of the proposed project from its public meeting held on February 11, 1998.
• It is found that the Large Scale Development Committee (LSDC) met on January 15,
1998 and has reviewed the project for compliance with technical concerns to be
complied with prior to the issuance of building permits.
• It is found that due to the location of the proposed project along Biscayne Bay, the
applicant shall be required to present the project to the Miami -Dade County Shoreline
Development Review Committee for review and approval; the City of Miami shall
require a final Resolution from said Committee prior to issuance of a building permit
for the project.
Based on these findings, the Department of Planning and Development is
recommending approval of the requested Parrot Jungle and Gardens Project with
the following conditions:
1. The approval of this Major Use Special Permit shall be subject to the -
recordation of the Development Order specifying that the Development Order
runs with the land and is binding on the Applicant, it successors and assigns,
jointly or severally.
2. The Lessee, Parrot Jungle & Gardens, Inc. of Watson Island, shall comply with
the Lease and Development Agreement dated September 2, 1997 with the City of
Miami.
3. Pursuant to the requirements of Miami -Dade County, the proposed project shall
require the review and approval of the Shoreline Development Review
Committee prior to the issuance of a building permit for the project.
4. This approval shall also be subject to all additional conditions specified in the
Final Development Order for the project.
9 8 - Ti6
Miami Zoning Board
Resolution: ZB 1998-0026
Monday, March 02,1998
Mr. Juvenal Pina offered the following Resolution and move
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO.
11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF A
SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS PART OF A MAJOR USE
SPECIAL PERMIT FOR PARROT JUNGLE, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, CONDITIONAL PRINCIPAL USES, PR PARKS AND RECREATION, TO
ALLOW RESTAURANT/RETAIL USES ON PR PARKS AND RECREATION ZONING DISTRICT -FOR
THE PROPERTY LOCATED AT 901 MAC ARTHUR CAUSEWAY LEGALLY DESCRIBED AS
EXHIBIT "A" HEREBY ATTACHED; ZONED PR PARKS AND RECREATION. THIS SPECIAL
EXCEPTION WAS RECOMMENDED FOR APPROVAL PER PLANS ON FILE WITH A TIME
LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED AND IT IS SUBJECT TO THE FOLLOWING CONDITIONS FROM THE DEPARTMENT
OF PLANNING AND DEVELOPMENT: 1) THE APPROVAL OF THIS MAJOR USE SPECIAL
PERMIT SHALL BE SUBJECT TO THE RECORDATION OF THE DEVELOPMENT ORDER
SPECIFYING THAT THE DEVELOPMENT ORDER RUNS WITH THE LAND AND IS BINDING ON
THE APPLICANT, ITS SUCCESSORS AND ASSIGNS, JOINTLY OR SEVERALLY; 2) THE LESSEE,
PARROT JUNGLE AND GARDENS, INC. OF WATSON ISLAND, SHALL COMPLY WITH THE LEASE
AND DEVELOPMENT AGREEMENT DATED SEPTEMBER 2, 1997, WITH THE CITY OF MIAMI; 3)
PURSUANT TO THE REQUIREMENTS OF MIAMI-DADE COUNTY, THE PROPOSED PROJECT
SHALL REQUIRE THE REVIEW AND APPROVAL OF THE SHORELINE DEVELOPMENT REVIEW
COMMITTEE PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE PROJECT AND 4)
THIS APPROVAL SHALL ALSO BE SUBJECT TO ALL ADDITIONAL CONDITIONS SPECIFIED IN
THE FINAL DEVELOPMENT ORDER FOR THE PROJECT.
Upon being seconded by Mr. Osvaldo. Moran-Ribeaux,
the motion was passed and adopted by the following vote:
Mr. George Barket
Ms. Gloria M. Basila
Mr. Tucker Gibbs
Ms. Ileana Hernandez -Acosta
Ms. Christine Morales
Mr. Osvaldo Moran-Ribeaux
Mr. Paris A. Obregon
Mr. Juvenal Pina
AYE:
NAY:
ABSTENTIONS:
Yes
Yes
Yes
Yes
Away
Yes
Yes
Yes
Case No.: 1998-0091 Item Nbr: 6
9 8 - 37
Miami Zoning Board
Resolution: ZB 1998-0026
Ms. Fernandez: Motion carries 7-0
Monday, March 02,1998
NO VOTES: 0
ABSENTS:
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 1998-0091 item Nbr: 6
98- Ti6
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROFeKTY
Botanical Gardens
COMMENCE AT A POINT KNOWN AS P.T. STATION 25+50 OF THE OFFICIAL MAP OF LOCATION AND SURVEY OF
A PORTION OF SECTION 8706, DESIGNATED AS A PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA AS
RECORDED IN PLAT BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID POINT
BEING THE POINT OF TANGENCY OF THE CENTERLINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS ,-
MACARTHUR CAUSEWAY, RUNNING SOUTHEASTWARDLY FROM THE NORTHWESTERLY CORNER OF WATSON
ISLAND AND HAVING A RADIUS OF 1432.69 FEET AND A CENTRAL ANGLE OF 61°00'00"; THENCE RUN NORTH
60052'45' EAST, ALONG THE NORTHEASTERLY PROLONGATION OF THE RADIAL LINE OF THE ABOVE
MENTIONED, CURVE FOR A DISTANCE OF 670.74 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE
DESCRIBED, (SAID POINT BEING ALSO THE POINT OF BEGINNING OF LEASE AREA 1 MIAMI YACHT CLUB;
THENCE SOUTH 0905253' EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LEASE AREA 1 AND ITS
SOUTHEASTERLY EXTENSION, FOR 857.30 FEET; THENCE SOUTH 60°5245' WEST, FOR 223.24 FEET TO ITS
INTESECTION WITH A LINE PARALLEL AND 100 FEET NORTHEASTERLY OF THE MOST NORTHERLY RIGHT OF WAY
LINE OF SAID MACARTHUR CAUSEWAY; THENCE NORTH 19°07'15' WEST , PARALLEL TO SAID RIGHT OF WAY
FOR 1100.97 FEET TO A POINT OF TANCENCY; A THENCE ALONG A TANGENTIAL CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 800 FEET, A CENTRAL ANGLE 25016'16' FOR AN ARC DISTANCE OF 352.85
FEET; THENCE SOUTH 90°00'00' WEST FOR 94.95 FEET TO ITS INTERSECTION WITH THE NORTHERLY RIGHT OF
WAY LINE OF SAID MACARTHUR CAUSEWAY AND A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, SAID
POINT BEARS SOUTH 41051'52' WEST FROM ITS CENTER; B THENCE ALONG SAID CURVE HAVING FOR ITS
ELEMENTS A RADIUS OF 1090.64 FEET, A CENTRAL ANGLE OF 6047'18' FOR AN ARC DISTANCE OF 129.22 FEET
TO A POINT OF COMPOUND CURVATURE; C THENCE ALONG A COMPOUND CURVE CONCAVE TO THE SOUTHWEST
HAVING FOR ITS ELEMENTS A RADIUS OF 1441.25 FEET, A CENTRAL ANGLE OF 20027'49' FOR AN ARC
DISTANCE OF 514.75 FEET; D THENCE NORTH 34054'16"EAST FOR 338.29 FEET; THENCE SOUTH 55005'44"
EAST, FOR 726.47 FEET TO ITS INTERSECTION WITH THE APPROXIMATE SHORELINE OF BISCAYNE BAY; THENCE
CONTINUE ALONG SAID SHORELINE FOR THE FOLLOWING EIGHT COURSES: (1) SOUTH 88'21'37" EAST FOR
63.38 FEET; (2) THENCE SOUTH 86°09'34' EAST FOR 68.47 FEET; (3) THENCE SOUTH 82°33'21" EAST FOR
131.22 FEET; (4) THENCE SOUTH 11018'34" EAST FOR 87.21 FEET; (5) THENCE SOUTH 69°29'02" EAST FOR
102.34 FEET; (6) THENCE SOUTH 61053'24' EAST FOR 8252 FEET; (7) THENCE SOUTH 69°05'26" EAST FOR
94.62 FEET; (8) THENCE NORTH 80'40'44' EAST FOR 46.77 FEET TO ITS INTERSECTION WITH THE
SOUTHWESTERLY LINE OF SAID LEASE AREA 1; THENCE SOUTH 08007'15" EAST ALONG SAID LINE FOR 288.12
FEET TO THE POINT OF BEGINNING AND THERE TERMINATING.
CONTAINING 18.6134 ACRES MORE OR LESS (INCLUDES 2.5025 ACRES MORE OR LESS OF SUBMERGED LANDS)
98- 376
ZONING SOARD ACTION ON PETITION FOR SPECIAL EXCEPTION
ik
I move that the request on Benda item
(G be (denied)
(granted) in that the requirements of Section 2305 (were) (were
not) satisfied by relevant evidence in the record of the public hearing•
a) as stated in the City's findings of 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 2305, (have) (have
not) been met.
Circle acarooriate conditions
1303.1 Ingress and Earess.
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 Offstrest Parking and Loadiaar
Due consideration shall be given to offstreet parking and
loading facilities as related to adjacent streets, with
particular referents+ 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 Retum and service &seas.
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 Sims and liahtina. •
Due consideration shall be given to the number, size,
character, location and orientation of proposed signs, and of
proposed lightinq for signs and promises, with particular
reference to -traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
98 - 376
1305.5 Utilities.
Ous consideration shall :.e given to utilities required,
with carticular 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.
130S.6 Drainaye
Due consideration shall be given for drainage, with
particular referents 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 priserVatios 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 advesse effects amsaralle.
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 a4Ljoinin4 and nearby properties, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, scale or manner
of operation. Mere such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in the particular cij.%. tances 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 ■inimised to the maximus
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other developEsnt in the area to a
degree which will avoid substantial depreciation of the vales of
nearby property.
c
$1
Date
Item
0 8 - V6'
CITY OF NUANII
OFFICE OF HEARING BOARDS
APPLICATION FOR SPECIAL EXCEPTION
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING
LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
**:s*:**s*s*****#s**ssss*s+�ssss#s*�****+***ss«**s+ss******�s*sss►:*�s*•*s*.••*****s:***:********
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies
specified in this ordinance are of a nature requiring special and intensive review to determine whether
or not they should be permitted in specific locations, and if so, the special limitations, conditions, and
safeguards which should be applied as reasonably necessary promote the general purposes of this
Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from
avoidable potentially adverse effects. It is further intended that the expertise and judgment of the
Zoning Board be exercised in making such determinations, in accordance with the rules, considerations
and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance).
Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be
solely responsible for determinations on applications for Special Exceptions except when otherwise
provided for in the City Code. All applications shall be referred to the Director of the Department
Planning and Development for his recommendations and the Director shall make any further referrals
required by these regulations.
City of Miami & Parrot Jungle &
I, Gardens of Watson Island, Inc. , hereby apply to the City of Miami Zoning Board for
approval of a Special Exception for the property located at Watson Island, Miami, Dade County
folio number . Nature of Proposed Use (please be
Uses set forth in "lease and Development Agreement" between the City of Miami and
specific): _Parrnt .Tnngla anti Gartland Tnn. tinted 9/2/97, including but not limited to the -uses
set forth in the "Schedule of Uses" attached hereto and made a part hereof as Exhibit
In support of this application, the following material is submitted. "A"
X 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one
year from the date of application.
X
2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing
(as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc:;
building elevations and dimensions and computations of lot area and building spacing.
98- 3'1
x 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached
to application).
4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered
by the application.
x 5. At least two photographs that show the entire property (land and improvements). (aerials)
x 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application).
N.A. 8. Fee of $ to apply toward the cost of processing according to Section 62-156 of the
Zoning Ordinance:
SpecialException...............................................................................................$ 800.00
Special Exception requiring automatic city commission review.......................$2,000.00
Extension of time for special exception.............................................................$ 500.00
Public hearing mail notice fees, including cost of
handling and mailing per notice.........................................................................$ 3.50
Surcharge equal to applicable fee from item above, not to exceed eight hundred
dollars ($800.00) except from agencies of the city; such surcharge to be refunded
to the applicant if there is no appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property.
PARROT JUNGLE & GARDEN 0 WATSON ISLAND, INC.
CITY OF MIAMI:
Signature Signature/Z Pzzalve,
`7- Jose Garcia -Pedrosa Name Bern Levine
dress P.O. Box 330708
Address 11000 SW 57th Ave
Miami, FL 33233-0708
Telephone (305) 416-1025
Date 2-13-98
Telephone (305) 666-7834
Date 2-9-98
98+ 7 6
LAnlbll A
Schedule of Uses
Lessee submitted a proposal on August 29, 1995, which was approved by voter
referendum by the electorate of the City of Miami on November 7, 1995, (the
"Proposal"). The Proposal consists of development of a project to be known as
"Parrot Jungle & Gardens of Watson Island," which could from time to time include,
but not be limited to, the following amenities, as depicted in Exhibit D, (the
"Conceptual Site Plan") and which are to be more particularly described in the Phase I
and Phase II "Development Plans":
1. Attractions to include:
Jungle Trails &-Gardens
Jungle River
Semi -Formal Gardens
Aviaries and Bird Exhibits
Baby Bird Nursery & Hatchery
Monkey Village
Infant Ape Care Facility
Flamingo Lake
Everglades Lake
Posing and Photography Area
Terrarium and Education Center
Reptile Exhibits
South Florida Aquatic Exhibit
Children's Adventure Park
Beachfront Recreation Area
Picnic Pavilions
Brown House
Boat Landings/Courtesy Dock
2. Banquet/Special Event Facility Meeting Rooms
3. Theaters including:
Parrot Bowl
Jungle Theater & Wildlife Showcase
Terrarium Theater
4. Food Service Facilities, such as:
Parrot Cafe
Japanese Tea Room
Terrarium Food Court
Family Attraction Center
Food Carts/Picnic Service
98- Ti6
5. Retail Service Facilities such as:
Parrot Jungle Emporium
Terrarium Gift Shop
6. Service and Support building to include:
Main Entrance and Entry Building
Maintenance Facility
Service Area
Veterinary Hospital
Plant Nursery
Parking Areas
Security
Restrooms
Educational Complex
Living residence for animal keepers
37
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foi
19_�L, by
produced _
acknowle*�ed before me this .3 day of
tom:, who is personally known to mdf or who has
U_rr:r3A NI ARY SEAL
A _��yy��.. c - CGi;CEFCIGN
ill r�*:,ti r�li"IC ST.a:G l.''i :'1,�.'•:�iC:`.
CcC' �.131�1ON NO. CC38-203
XiNP. iSS;ON FXP. U\e 14,1998
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
as identification and
did (did not) take an oath.
Name: X. M . Cpyc�i�iy
Notary Public -State of Florida
Commission No.: CC3�o?�""
My Commission Expires: �,1y/9p
The foregoing instrument was acknowledged before me this 4' day of
19 9 Y, by n c, , P'u.s-� of o r ? 4Ga .,R,., sr. QaaFte�•
a corporation, on Kehalf of the corporation. �L
He/£p is personally known to me oz 1,6 - Ps dueeas identification
and who did (did not) take an oath.
41 JUDY GOLDMAN
M Y COMMISSION # CC 686W
�OFflo~8� EXPIRES:Decenitw3,2001
1-800.3•NOTARY Fla. Notary Swipe & Bonding CO.
STATE OF FLORIDA
COUNTY OF MI . II-DADE
my Public -State of Florida
nmission No.:
Commission Expires:
The foregoing instrument was acknowledged before me this day of
19 , by partner (or agent) on behalf of
a partnership. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires: