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Home My WebLink AboutZB ResoS�GlSY OFM -'k Imip ::Alll L o alp::., Miami Zoning Board Resolution No.: ZB-R-09-0059 Monday, October 19, 2009 Mr. Angel Urquiola offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 FROM ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF PR PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES TO THE MUSEUM PARK MIAMI (SUCH AS RESTAURANTS, CAFES AND RETAIL), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED PR PARKS, RECREATION AND OPEN SPACE. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY THE PLANNING DEPARTMENT: PROVIDE REVISED PLANS DETAILING ALL SIGNAGE AND LIGHTING FOR THE PROJECT. Upon being seconded by Mr. Richard Tapia, the motion was passed and adopted by the following vote: Mr. Bret Berlin Yes Mr. Ron Cordon No Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Away Mr. Lazaro Lopez Yes Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Yes Mr. Richard Tapia Yes Mr. Angel Urquiola Yes Mr. Miguel Gabela No AYE: NAY: ABSTENTIONS NO VOTES: ABSENT: Motion carries 6-3 Anti Rodriguez He ring Boards File ID#: 09-01019xc Z.8 EXHIBIT A MUSEUM PARK MIAMI SPECIAL EXCEPTION SUBMITTAL PROPERTY ADDRESS: 1075 Biscayne Boulevard, Miami, FL 33130 PROPERTY TAX FOLIO NUMBER: 1-4137-039-0010 PROPERTY LEGAL DESCRIPTION: Tract "A", of New World Center Bicentennial Park, according to the Plat thereof, as recorded in Plat Book 140 at Page 50, of the Public Records of Miami -Dade County, Florida, lying in a portion of Section 31, Township 53 South, Range 42 East; and in a portion of "James Hagan Donation", also known as Section 37, Township 53 South and 54 South, Range 41 East and 42 East, Miami -Dade County, Florida. And The following described parcel of land and submerged land; Begin at the Southwest corner of Tract "A", New World Center Bicentennial Park, according to the Plat thereof as recorded in Plat Book 140 at Page 50 of the Public Records of Miami -Dade County, Florida; Thence S87d46'43" W for 34.00 feet; Thence S02dl 1'22"E along the East Right -of -Way Line of Biscayne Boulevard for 318.94 feet to a point of intersection with the Northerly Right -of -Way line of N.E. 8th Street being a line 6.25 feet North of the Easterly Prolongation of the North Right -of -Way line of N.E. 8th Street as measured from the Westerly side of Biscayne Boulevard; Thence N87d48'32"E along the North Right - of -Way line of N.E. 8th Street according to the Plat of Maritime Arena, as recorded in Plat Book 154 Page 37, of the Public Records of Miami -Dade County, Florida,.for 1270.33 feet to the point of intersection with the Southerly Prolongation of the East line of said Tract "A!'; Thence N0ld57'59"W along said Prolongation of the East Boundary Line of Tract "A" for 319.62 feet to the Southeast corner of said Tract "A'; Thence S87d 46'43"W along the South line of Tract "A" for 1237.57 feet to the point of beginning. Zoning Board Action for Special Exception Motion: I move th t the request on agenda item # "2,6 be (denied) (granted) -n that the requirements of Article 16 (were) (were not) atisfied y relevant evidence in the record of the public hearing a) as stated in the City's finds or fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this zoning Ordinance, Section 1305 (have) (have not) been met. Circle appropriate condition(s): 1305.1 Ingress and Egress Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire and emergency. 1305.2 Offstreet Parking and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent street, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency and screening and landscaping. 1305.3 Refuse and Service Ares Due consideration shall be given to the location, scale, design and screening of refuse and service areas to the manner in which refuse is to be stored and to the manner and timing of refuse collection and deliveries, shipments or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and Lighting Due consideration shall be given to the number, size, character, location and orientation of proposed signs and of proposed lighting for signs and premises, with particular reference to traffic safety, glare and compatibility and harmony with adjoining and nearby property and the character of the area. 1305.5 Utilities Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainage Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of Natural Features Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of Potentially Adverse Effects Generally In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood or the City of use or occupancy as proposed, or its locations, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. e« /ez Sign atur,e/ Agenda Item Zly6e7l Print Name le -- i'I 111� I /� Date