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Home My WebLink AboutZB Resoa onin soar e ution o : 08-O65 Monday, September 8, 2008 Mr. Joseph H, Ganguzza offered the following resolution and rnoved 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 OF THE SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; ZONED PR PARK, RECREATION AND OPEN SPACE WITH AN NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT. THIS SPECIAL EXCEPTION WAS RECOMMENDED APPROVAL WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) SIGNS SPECIFICATIONS AND PAINT COLOR SAMPLES SHALL BE SUBMITTED FOR THE REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 2) APPLICANT TO PROVIDE PUBLIC ACCESS IN THE OPEN SPACE BENEATH THE INTENDED STRUCTURE; AND 3) APPLICANT WILL BE MAINTAINING AREA. Upon being seconded by Ms, Ileana Hernandez -Acosta, the motion was passed and adopted by the following vote: Mr. Bret Berlin No Mr. Ron Cordon Away Mr. Miguel A. Gabela No Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. ileana Hernandez -Acosta Yes Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Away Mr. Angel Urquiola Yes AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 5-2 5 2 0 0 2 Teresita L. Fernandez, Executiveecretary Hearing Boards File ID : Q7-00345xc Z.2 EXI111Ri i A 1. AN1) 'ARM., "A" A portion of the Southwest orac-quarter of Section 22, Tow,nship 54 South, Rang : 41 Miami -Dade County, Horida, being more fb u icuiaa ly described as follows: Commencing at the intersection of the City monument lines of S.W. 27th Avenue with South Bayshore Drive as shown on that certain plat of "DINNER. KEY", as recorded in Plat Book 34 at Page 2 of the Public Records of Miami -Dade County, Florida; thence, along the City monument line of said South Bayshore Drive North 36°30'03" East for a distance of 1131.38 feet to a point being 2.27 feet Southwesterly from the intersection of the City rnonumJnt lines of Darwin Street with said South Bayshore Drive; thence continue along the City, rnorument line of said South Bayshore Drive North 51°52'03" East for a distance of 33.42 feet to a point; thence run. South 76°25'57" East for a distance of 98.12 feet to the Point of Beginning of the hereinafter described parcel; thence continue South 76°25'57" East for a distance of 542.16 feet to a point on the existing seawall, said point being on a line referred to as the line of demarcation between uplands tnd submerged lands of Biscayne Bay on the "SPECIFIC PURPOSE SUR\TEY" prepared by .Biscayne Engineering Company, Inc_, dated August i.1, 1995 and revised on June 3, 1996 (Order No_ 01-72839); thence run along said demarcation line South 18'23'03" East for a distance of 552.25 feet to the Northerly Right -of -Way line of Miami Chart House Access Road as shown on the aforementioned "SPECIFIC PURPOSE SURVEY"; thence continue along said Right of Way line for the following eight (8) courses: North 75°42'04" West for a distance of 240.75 feet; thence North 30°43'OS" West for a distance of 70.18 feet; thence North 76°25' 57" West for a distance of 93.00 feet; thence North 54°03'38" West for a distance of 60.50 feet; thence North 76°25'57" West for a distance of 215.80 feet; thence South 71 °02' 50" West for a distance of 46.60 feet; thence North 76°25'57" West for a distance of 78.00 feet; thence North 31 °44' 11" West for a distance of 237.20 feet to a line parallel with and 22.22 feet southeasterly of the southeasterly Right of Way line of said South. Bayshore Drive; thence run along said parallel line North 36°30'03" East for a distance of 245.49 feet to a point; thence run South 76°07'32" East for a distance of 5.25 feet to a point; thence run North 13°19'03" East for a distance of 17.90 feet to a point; thence run North 51°52'03" East for a distance of 8.30 feet to a Point of Beginning. Containing 6.95 acres. More or less. ON IL El) ;El A: A p r 4orSection 22, `foww2iip 54 South, l..an c a l 1 asL Nlia ni-1.)ade f;ounty, � o � particularlydescribed as follows: Commencing at the intersection of the City ino n[rment 1, es o S. i W. 27s s Avenue wtta: South Bayshore Drive as shown on that certainof "DINNER KEY"; as recorded '- Plat Book 34 at Page 2 of the Public Records of Miami -Dade County, Florida; thence along the City monument line of said South Bayshore Drive North 36°30'03" East for distance of 1131,38 feet to a point being 2,27 feet Southwesterly from the intersection of •the City monument lines of Darwin Street with said South Bayshore Drive; thence continue along, the City monument line of said South Bayshore Drive North 51'52'03" East for a distance of 33.42 feet to a point; thence run south 76°25'57" East for distance of 640.28 feet to a point on the existing seawall, said point being on a line referred _to as the line of demarcation between uplands and submerged lands of "Biscayne Bay", on the. "Specific Purpose Survey" prepared by Biscayne Engineering Company, Inc., dated August 11, 1995 and revised on -.tune 3, 1996 (Order No, 01-72839), said point also being the Point of Beginning of the hereinafter described parcel; thence continue South 76°25' 57" East for a distance of 424.00 feet to a point; thence South 40°51 ' 19" East 168.44 feet; thence South 13'34'03" West 372.00 feet; thence North 76°25'57" Wey.t 267.86 feet to its intersection with said demarcation line between uplands and submerged lands of "Biscayne Bay", thence, along said demarcation brie North 18°23'03" West 580.44 feet to the Point of Beginning. Containing 4.32 acres_ More or less. SUB lER(.;El) PARCEL dl. A portion of the Southwest one -quarter East, Miami -Dade: County, l iorida, being. Section 22, `I aslip 54 South, Raztlsc 41 -ire particularly (lFescribed as follows: C-oeni enciug at the intersection of the City monument lines of S.W. 271.11 Avenue with South Bayshore Drive as shown on that certain plat of "DINNER. KEY", as recorded in Plat Book 34 at Page 2 of the Public Records of Miami -Dade County, Horida; thence, along the City monument line of said South Bayshore Drive North 36°30'03" East for a distance of 1131..38 feet to a point being 2.27 feet Southwesterly from the intersection of the City monument lines of Darwin Street with said South Bayshore Drive; thence continue along the City monument line of said South Bayshore Drive North 51°52'03" East. for a distance of 33.42 feet to a point; thence run South 76°25'57" East for a distance of 640.28 feet to a point on the existing seawall, said point being on a line. referred to as the line of demarcation between uplands and submerged lands of "Biscayne Bay", on the "Specific Purpose Survey" prepared by Biscayne Engineering Company, Inc., dated August 11, 1995 and revised on June 3, 1996 (Order No. 01-72839), thence continue South 76°25'57" East for a distance of 424. 00 feet to a point; thence South 40'51'19" East 168. 44 feet; thence South 13°34'03" West 89.00 feet to the Point of Beginning of the hereinafter described parcel; thence South 76°25'57" East 351.00 feet; thence South 13°34'03" West 283.00 feet; thence North 76°25'57" West 351.00 feel; thence North 13°34'03" East 283.00 feet to the Point of Beginning. Containing 2.28 acres. More or less. and Act ors for Special Exception i Motion: 1 rc ve- ri ` rie request on agenda item # ~ be (denied) nted") that the requirements of article 1. were not) fed by relevant evidence in the record of the . " ,i hearing s stated in the City's finds or fact, or demonstrated by the petitioner, or ) on the basis of the following: The Zoning Board, in its decision to (grant) (deny) the special exception, shall rnake 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 Due-consideration-shail-be- given to utUties required,.with .particuiat 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 partictdar 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 gree which will avoid substantial depreciation of the value of arby property.