HomeMy WebLinkAboutMay 10, 2004 ZB ResoMiami Zoning Board
Resolution No.: 2004-0868
Monday, May 10, 2004
Mr. Georges William 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 EXCEPTIONS AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE
OCEAN PALACE PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW FOR
BARS, SALOONS, TAVERNS AND/OR SUPPER CLUBS AND ARTICLE 9, SECTION 915.2,
FOR FM CLEARANCE LETTER FOR THE PROPERTY LOCATED AT APPROXIMATELY 850
NORTHWEST 42ND AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL
COMMERCIAL. THESE SPECIAL EXCEPTIONS WERE RECOMMENDED APPROVAL TO
THE CITY COMMISSION PER PLANS ON FILE 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
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 SPECIFYING THAT THE DEVELOPMENT ORDER 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 DEPARTMENT AND THE PLANNING AND ZONING DEPARTMENT
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. Carlos Martell,
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, Ileana Hernandez -Acosta Away
Mr, Carlos Martell Yes
Mr. Juvenal A. Pine Yes
Mr, Allan Shulman Yes
Mr. Angel Urquiola Yes
Mr. Georges William Yes
Case No. 2004-0803 Item Nbr: 7
Miami Zoning Board
Resolution No.: 2004-0868
Monday, May 10, 2004
AYE: 9
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 9-0
/
Teresita i_.. Fernandez, Executive Secre
Hearing Boards
rY
Case No. 2004-0803
Item Nbr:
Exhibit "A"
To Disclosure of Ownership
Legal Description
850 N.W. LeJeune Road (N.W. 42nd Avenue), Miami, Florida
Folio No.: 01-3132-000-0010
A portion of the S.W. 1/4 of Section 32, Township 53 South, Range 41 East, Miami -Dade County,
Florida, being more particularly described as follows:
COMMENCE at the intersection of the centerlines of N.W. 7th Street, and N.W. 43'1 Avenue, said
point of intersection being also the S.W. comer of the East 1/2 of the S.E. 1/4 of the S.W. 1/4 of said
Section 32, and run N. 0°46'59" W along the west line of the E 1/2 of the S.E. 1/4 of the S.W. 1/4 of
said section 32 (said line being also the aforementioned centerline of N.W. 43T1 Ave.) for 675.53
feet; thence proceed N. 89°36'41" E. along the North line of the S.E. 1/4 of the S.E. 1/4 of the S.W.
1/4 of said section 32 for 25 feet to a concrete monument, being the point of beginning, thence
continue N. 89°36'41" E. along the North line of the S.E. 1/4 of the S.E. 1/4 of the S.W. 1/4 of said
section 32 for 300 feet, to a concrete monument, thence run S. 0°46'59" E., parallel with the West
line of the S.E. 1/4 of the S.E. 1/4 of the S.W. 1/4 of said section 32, for 200 feet, to a concrete
monument, thence S. 89°36'41" W., 200 feet South of and parallel with the North line of the S.E.
1/4 of the S.E. 1/4 of the S.W. 1/4 of said section 32, for 300 feet, to a concrete monument, thence
N. 0°46'59" W. along a line 25 feet East of and parallel with the West line of the E. 1/2 of the S.E.
1/4 of the S.W. 1/4 of said Section 32, for 200 feet, to the point of beginning, said parcel lying and
being in the City of Miami, Miami -Dade County, Florida. Bearings are based on an assumed
meridian.
-AND-
865 N.W. 43rd Avenue, Miami, Florida
Folio No.: 01-3132-000-0011
The North 1/2 of the S.E. 1/4 of the S.E. '/a of the S.W. 1/4 of Section 32, Township 53 South,
Range 41 East, Miami -Dade County, Florida, less the North 200.0 feet of the West 325.0 feet, said
distances being measured along the North and West lines thereof, and less the South 11.70 feet, and
less the East 50.0 feet for Northwest 42" d Avenue right-of-way, and less the West 25.0 feet for
Northwest 43'1Avenue right-of-way.
Motion:
Zoning Board Action for Special Exception
hat the request on agenda item # rl be (denied)
in that the requirements of Article 16 () (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 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
Sig
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.
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Print Name
Agenda Item Date