HomeMy WebLinkAboutZB Resoonin oar
esolution o : O7-OO86
Monday, September 24, 2007
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, A SPECIAL EXCEPTION AS PART OF A MAJOR USE
SPECIAL PERMIT FOR THE OFF BRICKELL PROJECT, AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 9, SECTION 917.9, JOINT PARKING FACILITIES FOR CONTIGUOUS
USES, SPECIAL EXCEPTION REQUIRED, TO ALLOW ADJOINING LOTS WITH A
COMMON ACCESS WAY, FOR THE PROPERTY LOCATED AT APPROXIMATELY
1420 SOUTHWEST 1ST COURT, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-7
CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL 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
DEPARTMENT: THIS APPROVAL IS SUBJECT TO ALL ADDITIONAL CONDITIONS
AS SPECIFIED IN THE FINAL DEVELOPMENT ORDER PRIOR OF THE MAJOR USE
SPECIAL PERMIT FOR THE PROJECT.
Upon being seconded by Mr. Cornelius Shiver.
the motion was passed and adopted by the following vote:
Mr. Bret Berlin Yes
Mr. Ron Cordon Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garaaagiia Yes
Ms. ileana Hernandez -Acosta Yes
Mr. Jorge Luis Lopez Yes
Mr. Juvenal A. Pina Away
Mr. Cornelius Shiver Yes
Mr. Angel Urquiola Yes
AYE: 9
NAY: 0
ABSTENT!ONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 9-0
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 07-00783x Z.8
EXHIBIT "A -
LEGAL DES 1- PTION:
TRACT "A" OF "CORAL STATION. AT 'BRICKELL WAY",A.CCORDING TO THE PLAT
THEREOF \S :RECORDED IN PLAT BOOK 162 A PAGE 24 OF TRE, PI.)13L1C RECORDS
OF MIAMI-DADE COUNTY, FLORIDA
- ALSO KNOWN AS -
TRACT "C" OF "BRICKELL WEST TWO", ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 158 AT PAGE 81 IF T.HE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
- ALSO KNOWN AS -
PARCEL I
A PORTION OF TRACT "C" OF "BRICKELL WEST TWO", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 158 AT PAGE 81 OF THE PUBLIC RECORDS
OF MIAMI-DADE COLTNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTH POINT OF CURVATURE OF THE NORTHEAST CORNER OF
SAID TRACT "C"; THENCE NORTHEASTERLY, EASTERLY AID SOUTHEASTERLY
ALONG THE ARC OFA CIRCULAR CURVE, ALSO BEING THE NORTHERLY AND
EASTERLY LIMITS OF SAID TRACT ''C", HAVING A RADIUS OF 25.00 FEET AND A
CENTRAL ANGLE OF 89'55'50" FOR 39.24 FEET TO A POINT OF TANGENCY; THENCE
S02°15'38E ALONG THE EAST LINE OF SAID TRACT "C" FOR 667.04 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE IN A
SOUTHEASTERLY, SOUTHERLY, SOUTHWESTERLY, WESTERLY AND
NORTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE, ALSO BEING
THE EASTERLY AND SOUTHERLY BOUNDARY LIMITS OF SAID TRACT "C" AND
HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 124'3942" FOR 43.52
FEET TO A POINT OF TANGENCY; THENCE N57°3556"1AI ALONG THE SOUTH LINE
OF SAID TRACT "C" FOR 326.65 FEET; THENCE NO2°16`12"W ALONG THE WEST LINE
OF SAID TRACT "C" FOR 43.20 FEET TO A POINT ON THE ARC OF A CIRCULAR
CURVE CONCAVE TO THE NORTHWEST; SAID POINT HAVING A RADIAL BEARING
OF S60°08'17"E; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF
SAID CURVE, ALSO BEING THE EAST RIGHT-OF-WAY LINE OF PARCEL 7S000.28 OF
THE "METRO -RAIL RIGHT-OF-WAY" ACCORDING TO THE PLAT THEREOF . AS
RECORDED IN PLAT BOOK 124 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA AND HAVING A RADIUS OF 1,960.08 FEET AND A
CENTRAL ANGLE OF 4'41'19" FOR 160.40 FEET; THENCE S87°50`20"W ALONG THE
NORTH LINE OF SAID PARCEL 7S000.28, ALSO BEING THE FORMER SOUTH -RIGHT-
OF-WAY LINE OF SOUTHWEST 14 STREET AS SHOWN ON SAID PLAT OF
"BRICKELL WEST TWO" FOR 1.90 FEET TO A POINT ON THE ARC OF A CIRCULAR
MIADOCS 209495
CtiRVE CONCAVE TO THE l-,TORTHWEST, SAID pot.NT HAV1I\IG A RADIAL BEAR
OF S6.5'29'00"E; THENCE ;N A NORTHEA.STERLY DIRECTION ALONG THE ARC, OF
SAIL) CUR VE„kLSO BEING THE FAST RIGHT-OF-WAY LINE OF PARCEL N100.02P OE
SAID "ME,TRO-RAIL RIGHT-OF:WAYAND HAVING A RADIUS OF i,688.00 FEET
AND A CENTRAL ANGLE OF 00'56'45" FOR 27.86 FEET; THENCE N87°5020E ALONG
THE FORMER CENTER LINE OF SAID SW 14 STREET FOR 85.00 FEET; THENCE
N 02'15'35" W ALONG THE FORMER CENTER LINE OF SW 1 COURT AS SHOWN ON
SAID PLAT OF "BRICKELL WEST TWO" FOR 210,81 FEET TO A POINT ON THE ARC
OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT HAVING A
RADIAL BEARING OF S74°0844E; THENCE, IN A NORTHEASTERLY DIRECTION
ALONG THE ARC OF SAID CURVE, .ALSO BEING THE EAST R1GHT-OF-WAY LINE OF
PARCEL NI 00.15P OF SAID "METRO -RAIL RIGHT-OF-WAY" AND HAVLNG A RADIUS
OF 1,688.00 FEET AND A CENTRAL ANGLE OF 02'5754" FOR 87.36 FEET; THENCE
S02°15'35"E ALONG THE WEST LINE OF PARCEL '7S000.28B OF SAID "IVIETRO-RAIL
RIGHT-OF-WAY" SAID LINE ALSO BEING THE EASTERLY LIMITS OF THE OVERALL
"METRO -RAIL RIGHT-OF-WAY" AND THE FORMER EAST RIGHT-OF-WAY LINE OF
SAID SW iST COURT FOR 34,29 FEET TO A POINT ON THE ARC OF A CIRCULAR
CURVE CONCAVE TO THE NORTHWEST, SAID POINT HAVING A RADLkL BEARING
OF S73°52'55"E; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF
SAID CURVE, ALSO BEING THE EAST LINE OF SAID PARCEL 7S000.28B AND THE
WESTERLY LIMITS OF TRACT "A" OF "BRICKELL WEST", ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 154 AT PAGE 33 OF THE PUBLIC
RECORDS OF MIAM1-DADE COUNTY, FLORIDA AND HAVING A RADIUS OF 1,960.08
FEET AND A CENTRAL ANGLE OF 01°4149" FOR 58.05 FEET; THENCE N87°48'32"E
ALONG THE NORTH LINE OF SAID TRACT "C" FOR 57.52 FEET TO THE POINT OF
BEGINNING.
- TOGETHER WITH -
PARCEL 2 (GROUND LEASE )
A PORTION Of THE METRO -RAIL RIGHT-OF-WAY AS SHOWN IN RMB 124, PAGE 20,
DRAWING RW03-B, RECORDED APRIL 23, 1985, FOR THE METROPOLITAN MIAMI-
DADE COUNTY OFFICE OF TRANSPORTATION ADMINISTRATION, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST OF LOT 18, BLOCK 94 SOUTH OF "A. L. KNOWLTONS
MAP OF MIAMI", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK B, PAGE 41, PUBLIC RECORDS OF MIA1VII-DADE COUNTY, 'FLORIDA; THENCE
NO2'15'35"W ALONG THE EAST LINE OF SAID BLOCK 94 SOUTH, ALSO BEING THE
BOUNDARY LIMITS OF SAID METRO -RAIL RIGHT-OF-WAY FOR 114.70 FEET TO A
POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, THE
CENTER OF SAID CURVE BEARING N71°35'I8"W FROM SAID POINT; THENCE IN A
SOUTHWESTERLY DIRECTION ALONG THE ARC OF SAID CURVE TO THE RIGHT
HAVENG A RADIUS OF 1,688,00 FEET AND A CENTRAL ANGLE OF 4°13115" FOR
124.35 FEET; THENCE N 87°50'20" E ALONG THE SOUTH LINE OF SAID BLOCK 94
SOUTH, ALSO BEING THE BOUNDARY LIMITS OF SAID METRO-R.AIL RIGHT-OF-
MIADOCS 2094895
FOR 46. f 4 1-1; : F TO 1J PDI T OF !3 GiTx. JNC, ;ALL 3 YIN(, AND :BEING
4
f r 1i.A x'` I, IA. rII-DA.i)E COUNTY, 1 L;0RSiiA.
- TOGETHER WITH
PARCEL
A PORTION OF S,W . 1ST COURT AND ` .V<". 14`.FF{ STREET, LYING IN THE CITY OF
MI.AML-DALE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESC ..IBE.D AS FOLLOV S:
BEGIN AT THE SOUTHEAST CORNER OF LOT 18, BLOCK. 94 SOUTH OF A. L.
KNOWLTONS MAP OF MIAMI", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK I3, PAGE 41, PUBLIC RECORDS OF MLAMI-DARE
COUNTY, FLORIDA; THENCE NO2D15'35"W ALONG THE WEST RIGHT-OF-WAY LINE
OF SAID S.W. 1ST COURT FOR 114.70 FEET TO A POINT ON THE ARC OF A
CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARING
S71°35'18"E FROM THE CENTER OF SAID CURVE; THENCE IN A NORTHEASTERLY
DIRECTION ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF
1,688.00 FEET AND A CENTRAL ANGLE OF 2°33'21" FOR 75.30 FEET (THE LAST TWO
COURSES BEING ALONG THE EASTERLY LINE OF THE METRO -RAIL RIGHT-OF-
WAY, AS SHOWN ON RMB 124, PAGE 20, DRAWING R.W03-B, RECORDED ON APRIL
23, 1985, FOR THE METROPOLITAN MIAMI- BADE COUNTY, OFFICE OF
TRANSPORTATION ADMINISTRATION); THENCE DEPARTING FROM SAID METRO -
RAIL RIGHT-OF-WAY S02°15'35"E ALONG THE CENTER LINE OF SAID SW. 1 COURT
FOR 210.76 FEET, THENCE S87°50`21"W ALONG THE CENTERLINE OF SAID S.W.
14TH STREET FOR 84.98 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE
CONCAVE TO THE NORTHWEST, SAID POINT BEARING S66°25'45"E FROM THE
CENTER OF SAID CURVE; THENCE IN A THENCE LN A NORTHEASTERLY
DIRECTION ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF
1,688.00 FEET AND A CENTRAL ANGLE OF 00'56'18" FOR 27.64 FEET; THENCE
N87°50'20"E ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. 1.4TH STREET
FOR 48.14 FEET TO THE POINT OF BEGINNING (THE LAST TWO COURSES BEING
ALONG THE EASTERLY LINE OF SAID METRO -RAIL RIGHT-OF-WAY). ALL LYING
AND BEING IN A PORTION OF THE POLLY LEWIS DONATION IN SECTION 39,
TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MI.A.MI, MLAMI-LADE COUNTY,
FLORIDA.
- TOGETHER WITH - .
PARCEL 4 (GROUND LEASE)
A PORTION OF THE METRO -RAIL RIGHT-OF-WAY, AS SHOWN IN RMB 124, PAGE 20,
DRAWING RW03-B, RECORDED APRIL 23, 1985 FOR THE METROPOLITAN MIAMI-
DADE COUNTY OFFICE OF TRANSPORTATION ADMINISTRATION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
MLA.DOCS 2Q94895 ;
;`-UMM.E NC17 A.T. THE POINT OF INTERSECTION OF THE NORTH RIGHT—OF—WAY
Y
LINE OF S W. a 5TH ROAD, .AS SHOVVvN ON THE PLAT OF "BRICKELL WEST"; AS
.RECORDED PLAT BOOK 154 PACE33. PUBLIC.RECORDS OF 1\11AMi-DDy
COUNTY, FLORIDA., AND THE EAST LINE OF SAID METRO -RAIL RIGHT-OF-WAY;
Nl!V IE2"W LOiCTHE EAST LIL OF SAID .METRO -RAIL .RIGHT-OF-
WAY
i-
WAY F01'_ 43.20 FEET '10 THE POINT OF BEGINNING OF THE HEREINAFTER
T. ER
DESCRIBED PARCEL OF LAND; THENCE GON'I'1N T F NO2 a 0°12" A FOR 1.56 FEET;
THENCE 'NORTHEASTERLY ALONG A NONTANGENT CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIAL BEARING OE N60°0659" vW , A RADIUS OF 1,688.00
FEET AND A CENTRAL ANGLE OF 05'22'01' FOR AN ARC DISTANCE OF 158.12 FEET
TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF S,W. 14TH STREET, AS
SHOWN ON SAID PLAT OF "BRICKELL WEST"; THENCE N87°50120."E ALONG SAID
SOUTH RIGHT-OF-WAY L OF S.W. 14TH STREET, AS SHOWN ON SAID PLAT OF
"BRICKELL WEST" FOR 1.90 FEET; THENCE SOUTHWESTERLY ALONG THE EAST
LINE OF SAID METRO -RAIL RIGHT-OF-WAY ON A NONTANGENT CURVE CONCAVE
TO THE NORTHWEST HAVING A RADIAL BEARING OF N65°291OOW A RADIUS OF
1,960.08 FEET AND A CENTRAL ANGLE OF 4°41'19" FOR AN ARC DISTANCB OF
160.40 FEET TO THE POINT OF BEGINNING,
- TOGETHER WITH -
PARCEL 5 (GROUND LEASE )
A PORTION OF THE METRO —RAIL RIGHT—OF—WAY; AS SHOWN IN RMB 124, PAGE 20,
DRAWING RW03—B, RECORDED APRIL 23, 1985, FOR THE METROPOLITANM1AMI—
DADE COUNTY OFFICE OF TRANSPORTATION ADMLNISTRATION, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTH POINT OF TANGENCY OF A CIRCULAR CURVE AT THE
NORTHEAST CORNER OF TRACT "A" OF "BRICKELL WEST", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 154, PAGE 33, PUBLIC RECORDS OF
'MIAMI-DADE COUNTY, FLORIDA; SAID CURVE BEING, CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF
89°55'50" AND AN ARC DISTANCE OF 39.24 FEET; THENCE S87°48'321'W ALONG THE
NORTH LLNE OF SAID TRACT "A" FOR 57.52 FEET TO THE POINT OF BEGINNING;
BEING THE NORTH—NORTHWEST CORNER OF SAID TRACT "A" (THE NEXT TWO
COURSES ALSO BEING ALONG THE EASTERLY LIMITS OF SAID METRO —RAIL
RIGHT—OF—WAY); THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE
OF SAID TRACT "A" ON AN ARC OF A NONTANGENT CURVE CONCAVE TO THE
NORTHWEST HAVING A RADIAL BEARING OF N75°3444"W, A RADIUS OF 1,960.08
FEET AND A CENTRAL ANGLE OF 01°41'49" FOR 58.05 FEET TO A POINT; THENCE
N 02915'35" W ALONG THE EAST RIGHT—OF—WAY LINE OF S.W. 1ST COURT AS
SHOWN ON SAID PLAT OF "BRICKELL WEST" FOR 34,29 FEET; THENCE
NORTHEASTERLY ALONG A NONTANGENT CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIAL BEARING OF N7 7°06'39" W, A RADIUS OF 1,688.00
FEET AND A CENTRAL ANGLE OF 00"44'24" FOR 21:80 FEET TO A POINT OF THE
SOUTH RIGHT-OF-WAY LINE OF S.W. 13TH STREET, AS SHOWN ON SAID PLAT OF
MIADOCS 2094895
"..BRICKELL WESTALONG SAID RIGHT-OF-WAY LINE OF SAY
13TH STREET FOR '11,92 FEET TO THE POINT OF BEGINNING,
IvETADOCS 2094895
S{i
an for Special Exception
e ; ove. that the request on agenda item # be (denied)
( giant ) it that the requirements of Article 16 (v{ere (were not)
satisfied by relevant evidence in the record of the piibI c 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.
Du! {;r. <..i sit€ 'f o? ;on shall be giver t.r ut litres required; with particular
reference try availability and capacity of systems, location of
connections ons ,:e id potent al y adverse appearance or other adverse
effects on adjoining and nearby property and the character of the
area,
1305.0 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
c d,
Agenda Item Date