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Home My WebLink AboutZB ResoMiami Zoning Board Resolution No.: 07-0066 Monday, July 9, 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 GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4, PERMITTED PRINCIPAL USES AND STRUCTURES, TO ALLOW A SUPPER CLUB AS PER C-1, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3015 GRAND AVENUE, #320 AND #410, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION; 2) THE PROPOSED FACILITY SHALL PROVIDE SECURITY IF OPEN BETWEEN THE OPERATING HOURS OF 2 A.M. AND 5 A.M.; THE APPLICANT SHALL SUBMIT A SECURITY PLAN, WHICH SPECIFIES THE NUMBER OF SECURITY PERSONNEL AND LOCATIONS FOR SAID PERSONNEL TO BE POSTED, FOR REVIEW AND APPROVAL BY THE PLANNING AND POLICE DEPARTMENTS, PRIOR TO THE ISSUANCE OF A CERTIFICATE OF USE AS A SUPPER CLUB; 3) THE APPLICANT SHALL PROMOTE ONSITE PARKING, IF OPEN, DURING THE HOURS OF 2 A.M. THROUGH 5 A.M. BY PROVIDING A PARKING VOUCHER SYSTEM WITH REDUCED ONSITE PARKING RATES FOR THOSE HOURS; 4) IN ORDER TO DISCOURAGE ENFORCEMENT PROBLEMS WITH UNDERAGE PATRONS DURING "NIGHTCLUB" HOURS, NO ONE UNDER THE AGE OF 21 SHALL BE PERMITTED INTO THE CLUB BETWEEN THE HOURS OF 2 A.M. AND 5 A.M.; 5) INCLUDE A FIFTH POLICE OFFICER IN SECURITY PLAN; AND 6) NO EXTERNAL SPEAKERS WILL BE ALLOWED. Upon being seconded by Mr. Cornelius Shiver, the motion was passed and adopted by the following vote: Mr. Bret Berlin No Mr. Ron Cordon Yes Mr. Miguel Gabela Yes Mr. Joseph H. Ganguzza No Mr. Charles A. Garavaglia No Ms. Ileana Hernandez -Acosta Away Mr. Jorge Luis Lopez No Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Yes Mr. Angel Urquiola Yes File ID#: 07-00796x Z.10 onin oars esolution o.: O7-OO66 Monday, July 9, 2007 AVE: 5 NAY: 4 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: Ms. Fernandez: Motion carries 5-4 Teresita L. Fernandez, Executive Secretary Hearing Boards File ID#: 07-00796x Z.10 ether with Tito i3, z 14 South WO :eft of sa+d Tract Ct,'COCONUT CARE", sccorci'urg ko the Platt tlteitof rrcutded sat NM Rik 1769 st PIP 41, 'Records of-,iiamrDadc CvvaltY, Flr,�uia Cornmcncintt at a point Sixteen Hauadred Forty-71m Thrce.Tenths 0,4543 3) feet West of'the Southeast cornea of the SE i#4 4r IIKINTV IA of Sactiun 21, Township 54 South, 3tartgc 41 East, thcnsc run North Three Hundred I -Suety -Six (390 rrt, t},enee nut 'West Fifty-five (55) fed, thou. run South Three Hiundrei Nine) -Sint (396) feet, the ntn'Enit silty -Five (555) fees to the Point ofBefuteing, ems' the South Forty.Tbree (43) feel thereo lying Ind being in hhi+tni-i?a4e County, }lurid' EfriliCradi Commencing at a point Sixteen Hundred 1^Fusery-Eight and lbw -Tenths 008_3) feet West of the Southeast corner of the SE 1/4 ofhe NE 1/4 of $ecett t 21, Township $4 South, Rangc 41 East, ihencc run North chute Hundred Ninety -Si (394) feet, thence run West Forty (40) feat, thence run Souk: Three Hundred Ninety -Six (395) feet, s3acncc sun East Forty (40) feet t*ihc Pout ofDegknnittg, less she South Furry -Three (43) fret thercot lying and being in htiauti Dade County, F1oiu#s GvComm rcit1ng s poi nt Scevmcetr flurwdred Thirty -Fight and Three ,nth$ (i,732.3) feet mtnttat Weal of the Southeast corner of the SE 1/4 of the NE 1/4 of Se boss 21, "Terwnstup 54 South, Range 41 at. ttttltCC run North Three Hundred Ninety -Six (396) feet, thence run West Twenty-Feve (25) fef't, then= WA South 77src4 BAulrtd N►rxty-Sus (296) feet, thence run First Twenty -Five (25) fhet to the Point of>3cg11trunp less the South Foray- hrte (43) feet thereof, lying and being in iain Dade County, Florida- e Zoning Board Acton for Special Exception Motion: I move that the request on agenda item # /u 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. f 30 - 5 l(11l fE Due consideration shah 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. f Agenda Item / / Print Name Date