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Home My WebLink AboutZB ResoMiami Zoning Board Resolution No.: 2004-0827 Monday, February 23, 2004 Mr. Carlos Martell 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 HURRICANE COVE 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 RESTAURANT PARKING FACILITIES MAINTAINED WITH VALET PARKING UP TO FIFTY PERCENT OF THE REQUIRED OFFSTREET PARKING SPACES FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA: ZONED SD-4 WATERFRONT INDUSTRIAL DISTRICT. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY THE PLANNING AND ZONING DEPARTMENT: THIS APPROVAL SHALL BE SUBJECT TO ALL ADDITIONAL CONDITIONS AS SPECIFIED IN THE FINAL DEVELOPMENT ORDER OF THE MAJOR USE SPECIAL PERMIT 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 Abst Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges William Yes AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 1 ABSENT: 0 Ms. Fernandez: Motion carries 9-0 f r1 Teresita L. Fernandez, Executive Seefetary Hearing Boards Case No. 2004-0766 Item Nbr: 9 Eatkif LEGAL DESSC.l APT W N. LOTS 16,17,13 AND 19, O F BLOCK 8, OF RIVEI?SEDGE, ACCORDING TO 11 IE PLAT 7 HEREOF OP RECORDED IN PLAT BOOK 23 AT PAGE 78 OF THE PUBLIC RECOIR S OF DE SI Q VN Y, FLORIDA; TOGETHER VVITH T I�ii T T'OC� 770ND IN OFFICIAL FF C �L RECORD BOOK 2979 /11- PAGE 11 � ON SAID PLAT OF 1�IVE1�5ED� �AS FlD� COUNTY, FLORIDA. RIVER OF THE PUBLIC RECO IVE 1Fl T PORTION OF LOTS 7, 3, 9AND 10, LYING SOUTH Q N.VV. NOR1E1PL�1 f R�EOPPER ,?1T BOOK 14 AT PAGE 61, OF "PIRATES' COVE", ACCORDING TO RECORDED IN PLAT BOOK 1 AT PAGE 92 OF THE PUBLIC RECORDS OF DADE r COUNTY, Lj FLORIDA; TOGETHER VVT71-f RIVERFRONT LO�CEP�ITN�7PCf�CI=f�Ul�l 77-{'�T L'vI�-1lON OF PIRATES' COVE, PLAT BOOK 1 A7 PAGE 92; EED SAID LOT 10 DEDICATED FOR N.VV. NORTH RIVER DRIVE, AS DE SCRB ED IN DEED B1 BOOK 2947 ATPAGE 141 OF THE PUBLIC RECORDS OF p� LOTS COUNTY,E 3 AND 19; OF ' V�1LEN-17IVL� WITH THE WEST 70,00 FEET OF LOT 17 AND ALL SUBDIVISION VISION ACCORDING TO THE PLAT THEREOF I�ECORDL-:D IN PLAT BOOK '13"A T PAG, , 10 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA THE ABOVE DE SCRIBED PROPERTY IS LOCATED IN SECTION 34'T0WNSHIP 3 ITC SOU7H, RANGE 41 EAST AND SITUATED IN THE CITY OF fk�1l/111�11, MIAMI DADE COUNTY, F FL ORIDA. TOGETHER WI71-1: AT A POINT 701=EET EAST OF AND 45.00 FEET SOU 171(SO °31 '09`E") FROM BEGINNING17; THENCE LAST (N37 °4yL1G"L) FOR 69.28' FEET; THE IVOR T1-f WES T CORNER n1=LOT _ _ o �, r � FEET; 71-{L-NLE WEST (s137 °4y'u6"Vv) 1=QI? -HENCE SOU >�f-f (S0 3109 E) FOR � 1 U9. �9 u9.23 FEET; THENCE NORTH (NU °31 'U9"W) FOR 109.59 FEET TO� OINT U " L3, �1 T P/1 G! OF BEGINNING, ALL IN "VALENTINE SUBDIVISION", AS RECORDED IN 10, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY ; Zoning Board Action for Special Exception Motion: I move that the request on agenda item # be (denied) (granted) in that the requirements of Article 16 (were) (were not) satisfied by relevant evidence in the record of the public hearing a) as stated in the City's finds or fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: The Zoning Board, in its decision t make written findings that the appiica Section 1305 (have) (have not) been met. Circle appropriate condition(s): deny) the special exception, shall quirements of this zoning Ordinance, 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 com patibility 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 adverseappearance or otheradverse 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. Signature`' Print Name Agenda Item Date