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Home My WebLink AboutOLD 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 FAA 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. lleana 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 L. Fernandez, xecutive Secre Hearing Boards rY Case No. 2004-0803 Item Nbr: 7 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`d Avenue, said point of intersection being also the S.W. corner 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. 43rd 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. 43r1 Avenue, Miami, Florida Folio No.: 01-3132-000-0011 The North 1/2 of the S.E. 1/4 of the S.E. 1/ 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 42r'a Avenue right-of-way, and less the West 25.0 feet for Northwest 43rd Avenue right-of-way. Zoning Board Action for Special Exception Motion: 1 m•v what the request on agenda item # be (denied) ... L. 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 conditions): 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. Agenda Item ( A Print Name Date