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HomeMy WebLinkAboutZB ResosMiami Zoning Board Resolution No.: 2004-0834 Monday, March 08, 2004 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE DUPONT TOWERS PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.1.2, TO ALLOW VALET PARKING FOR HOTEL AND RESTAURANT UP TO 50% OF EXISTING OFFSTREET PARKING SPACES FOR THE PROPERTY LOCATED AT APPROXIMATELY 300 BISCAYNE BOULEVARD WAY, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA: ZONED CBD CENTRAL BUSINESS DISTRICT. Upon being seconded by Mr. Charles Garavaglia, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Yes Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. lleana Hernandez -Acosta Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pina No Mr. Allan Shulman Away Mr. Angel Urquiola Yes Mr. Georges William Yes AYE: 8 NAY: 1 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 8-1 Teresita L. Fernandez, Executive S tary Hearing Boards Case No. 2004-0783 Item Nbr: 4 Exhibit "A" LEGAL DESCRIPTION; PARCEL 1 : (pursuant to Chicago Title Insurance Company Commitment mc. effective May 8, 2001) Lot "A", "8", and "C" less the East 50 feet of:soid Lot "C`, oil in Block 1, DUPONT PLAZA, al 'i �`sivisian'of Miami -Dade County, Florida, according to the Plat thereof, recorded in Plat Book 50, Page 11, of the Public Records of Miami --Dade County, Florida. Less that portion of Tract "A" token for Right -of -Way pursuant to Order of Taking filed in Off 'tie] Records Book 15569, in Page 1525 of the Publit Records of Miami -Dade County, Florida. PARCEL 2 3n411 Ar 1223. East 50 feet of Lot C, Block 1, of DUPONT PLAZA, according to the Plot thereof, recorded in Plot Book 50, Page 11, of the .Public Records of Miami -Dade County, Florido. Miami Zoning Board Resolution No.: 2004-0835 Monday, March 08, 2004 Mr, Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE DUPONT TOWERS PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A BAR/LOUNGE OPEN TO THE PUBLIC IN THE CBD CENTRAL BUSINESS DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 300 BISCAYNE BOULEVARD WAY, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED CBD CENTRAL BUSINESS DISTRICT. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) THE APPROVAL OF THIS MAJOR USE SPECIAL PERMIT SHALL BE SUBJECT TO THE RECORDATION OF THE FOLLOWING DOCUMENTS PRIOR TO THE ISSUANCE OF SHELL PERMIT FOR THE PROPOSED PROJECT: a) UNITY OF TITLE OR COVENANT IN LIEU OF UNITY OF TITLE THEREOF PROVIDING THAT THE OWNERSHIP, OPERATION AND MAINTENANCE OF ALL COMMON AREAS AND FACILITIES WILL BE BY THE PROPERTY OWNER OR A MANDATORY PROPERTY OWNER ASSOCIATION IN PERPETUITY; b) DEVELOPMENT ORDER (D.O.) SPECIFYING THAT THE D.O. RUNS WITH THE LAND AND IS BINDING ON THE APPLICANT, ITS SUCCESSORS AND ASSIGNS, JOINTLY OR SEVERALLY; 2) THE APPLICANT SHALL SUBMIT A PARKING PLAN FOR CONSTRUCTION EMPLOYEES AND TEMPORARY PARKING ARRANGEMENTS FOR THE EXISTING BUILDING WHILE UNDER CONSTRUCTION; SAID PARKING PLAN SHALL BE SUBJECT TO REVIEW AND APPROVAL BY THE PLANNING AND ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 3) THE APPLICANT SHALL PROVIDE PLANS FOR PROPOSED SIDEWALK AND SWALE AREA IMPROVEMENTS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT; SAID PLANS SHALL BE SUBJECT TO REVIEW AND APPROVAL BY THE PUBLIC WORKS AND THE PLANNING AND ZONING DEPARTMENTS, AND 4) THIS APPROVAL SHALL ALSO BE SUBJECT TO ALL ADDITIONAL CONDITIONS AS SPECIFIED IN THE FINAL D.O. FOR THE PROJECT. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Yes Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. lleana Hernandez -Acosta Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Away Mr. Angel Urquiola Yes Mr. Georges William Yes Case No. 2004-0783 Item Nbr: 4 Miami Zoning Board Resolution No.: 2004-0835 Monday, March 08, 2004 AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 9-0 Teresita L. Fernandez, Executive Seer;tary Hearing Boards Case No. 2004-0783 Item Nbr: 4 Exhibit "A" LEGAL DESCRIPTION: PARCEL 1 : (pursuant to Chicago Title insurance Company Corrnitmert 4o. 30411O010 effective klay.8, 2001) Lot 'A", "B", and "C", less the East 50 feet of_soid Lot "C', all in Block 1, DUPONT PUMA; 'a`-su6ifri stun of kiiami-Dade County, Florida, occording to the Piot thereof, recorded in Plat Book 50, Page 11, of the Public Records of Miami -Dade County, Florida. Less that portion of Tract "A" token for Right -of -Way pursuant to Order of Toking filed in Official Records Book 15569, in Page 1525 of the Public Records of Miami -Dade County, F l or i da. PARCEL 2 : Eost 50 feet of Lot C. Block 1, of DUPONT PLAZA, according to the. Plot thereof, recorded in Plot Book 50, Page 11, of the .Public Records of Miami -Dade County. Florida. • Miami Zoning Board Resolution No.: 2004-0836 Monday, March 08, 2004 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE DUPONT TOWERS PROJECT, AS LISTED IN ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.12, TO ALLOW VALET PARKING FOR HOTEL AND RESTAURANT UP TO 50% OF EXISTING OFFSTREET PARKING SPACES FOR THE PROPERTY LOCATED AT APPROXIMATELY 300 BISCAYNE BOULEVARD WAY, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED CBD CENTRAL BUSINESS DISTRICT. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY THE ZONING BOARD: THE ZONING BOARD WOULD RECOMMEND TO THE CITY COMMISSION APPROVAL OF THE VALET PARKING IF APPLICANT WOULD CONDITION ACCOMMODATION OF VALET PARKING ON THE SUBJECT PROPERTY; SUBJECT ALSO TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) THE APPROVAL OF THIS MAJOR USE SPECIAL PERMIT SHALL BE SUBJECT TO THE RECORDATION OF THE FOLLOWING DOCUMENTS PRIOR TO THE ISSUANCE OF SHELL PERMIT FOR THE PROPOSED PROJECT: a) UNITY OF TITLE OR COVENANT IN LIEU OF UNITY OF TITLE THEREOF PROVIDING THAT THE OWNERSHIP, OPERATION AND MAINTENANCE OF ALL COMMON AREAS AND FACILITIES WILL BE BY THE PROPERTY OWNER OR A MANDATORY PROPERTY OWNER ASSOCIATION IN PERPETUITY; b) DEVELOPMENT ORDER (D.O.) SPECIFYING THAT THE D.O. RUNS WITH THE LAND AND IS BINDING ON THE APPLICANT, ITS SUCCESSORS AND ASSIGNS, JOINTLY OR SEVERALLY; 2) THE APPLICANT SHALL SUBMIT A PARKING PLAN FOR CONSTRUCTION EMPLOYEES AND TEMPORARY PARKING ARRANGEMENTS FOR THE EXISTING BUILDING WHILE UNDER CONSTRUCTION; SAID PARKING PLAN SHALL BE SUBJECT TO REVIEW AND APPROVAL BY THE PLANNING AND ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 3) THE APPLICANT SHALL PROVIDE PLANS FOR PROPOSED SIDEWALK AND SWALE AREA IMPROVEMENTS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT; SAID PLANS SHALL BE SUBJECT TO REVIEW AND APPROVAL BY THE PUBLIC WORKS AND THE PLANNING AND ZONING DEPARTMENTS, AND 4) THIS APPROVAL SHALL ALSO BE SUBJECT TO ALL ADDITIONAL CONDITIONS AS SPECIFIED IN THE FINAL D.O. FOR THE PROJECT. Upon being seconded by Mr. Georges William, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Yes Mr. Miguel Gabel Yes Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. lleana Hernandez -Acosta Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pina Yes Mr, Allan Shulman Away Mr. Angel Urquiola Yes Mr. Georges William Yes Case No. 2004-0783 Item Nbr: 4 Miami Zoning Board Resolution No.: 2004-0836 Monday, March 08, 2004 AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT; 1 Ms. Fernandez: Motion carries 9-0 Teresita . Fernandez, Executive Secret Hearing Boards Case No. 2004-0783 Item Nbr: 4 Exhibit "A" LEGAL DESCRIPTION: PARCEL 1 (pursuant to Chicago Title Insurance Comrponv empr,i t -'t 2r;ni)4193. effective May.6, 2001) Lot "A", "B", and "C", less the East 50 feet of_sOjd Lot "C", all in Block 1, DUPONT PLAZAI'sliatiVriTon of Miami -Dade County, Florida, occording to the Plat thereof, recorded in Plot Book 50, Page II, of the Public Records of Miami-Dode County, Florida. Less that portion of Tract `A" token for Right--of-Way pursuant to Order of Taking filed in Official Records Book 15569, in Page 1525 of the Public Records of Miami -Dade County, Fl or i do. PARCEL 2 1. East 50 feet of Lot C, Black 1, of DUPONT PLAZA, according to the, Plot thereof, recorded in Plot Book 50, Page 11, of the .Public Records of Miami -Dade County, Fiorido. Zoning Board Action for Special Exception Motion: I move that the request on agenda item # 1 be (granted) in that the requirements of Article 16 (were) (we satisfied by relevant evidence in the record of the public hearing (aka(( qPiruc3� 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 I' 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 ano 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 com )atibility 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 earby property. tem Print Name 3-'-04 Date