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Home My WebLink AboutZB ResoMiami Zoning Board Resolution No.: ZB-R-09-0061 Monday, October 19, 2009 Mr. Richard Tapia offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 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 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE-FAMILY RESIDENTIAL WITH AN SD-18 MINIMUM LOT SIZE OVERLAY DISTRICT AND 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 CONDITIONS AS DESCRIBED IN EXHIBIT "B" (HEREBY ATTACHED). Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Bret Berlin Yes Mr. Ron Cordon Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Away Mr. Lazaro Lopez Yes Mr. Juvenal A. Pine Yes Mr. Cornelius Shiver Yes Mr. Richard Tapia Yes Mr. Angel Urquiola Yes Mr. Miguel Gabela Yes Motion carries 9-0. AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 An Rodriguez Hearing Boards File ID#: 09-00800x Z.2 Exhibit 11A. 3300 South Moorings Way Miami, Florida LEGAL DESCRIPTION: Lot 14, Block C, REVISED PLAT OF THE MOORINGS, according to the Plat thereof, as recorded in Plat Book 31, Page 52, of the Public Records of Miami -Dade County, Florida. AND Lot 9, JUSTISON AND FRANTZ SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 6, Page 20, of the Public Records of Miami -Dade County, Florida, LESS THE FOLLOWING: Begin at the most Southwesterly corner of lot 9, JUSTISON AND FRANTZ SUBDIVISION, then run in a Northeasterly direction along the Northwesterly boundary line of said Lot 9 for 87.93 feet more or less to the Northeasterly corner of a private roadway per said plat; then Northwesterly along the Northeasterly side of said roadway for 30 feet more or less to the Northwesterly corner of said private roadway; the Northeasterly along the Northwesterly boundary of said Lot 9 for 10 feet more o.riess to the most Northwesterly corner of said Lot 9; thence run in a Southwesterly direction along the Northeasterly boundary line of said Lot 9 for 361.54 feet more or less to the most Westerly corner of Lot 14, Block C of the MOORINGS, Plat Book 31, Page 52; the run in a Southwesterly direction along the prolongation Southwesterly of the Northwesterly boundary line of lot 14, Block C of THE MOORINGS for 105.08 feet to a point of intersection thereof with the Southwesterly boundary line of the aforesaid Lot 9 of JUSTISON AND FRANTZ SUBDIVISION; then run in a Northwesterly direction along the Southwesterly boundary line of said Lot 9 for 335.45 feet more or less to the Point of Beginning, hereinafter referred to as "Lot 9,, AND A parcel of submerged land in Biscayne Bay, Section 28, Township 54 South, Range 41 East, Miami --Dade County, Florida, more particularly described as follows: Commence at the Northwest corner of said section 28, thence North 87 43'21" East along the North line of said.Section28, for a distance of 1318.79 feet to the intersection thereof, with a line drawn 74.0 feet Northwesterly from, measured at right angles to the Southeasterly right of way line of Main Highway as the same is shown on the revised Plat of THE MOORINGS as recorded in Plat Book 31, Page 52, of the Public Records of Miami -Dade County, Florida; thence South 53 41'06" West along said line drawn 74.0 feet Northwesterly from measured at right angles to the Southeasterly right of way line of Main I-lighway as the same is shown on the aforesaid revised Plat of THE MOORINGS for a distance of 992.47 feet to the intersection thereof, with the Northerly line of JUSTISON AND FRANTZ SUBDIVISION, according to the Plat thereof, recorded in Plat Book 6, Page 20, of the Public Records of Miami -Dade County, Florida, thence South 61 21'54" East along the Northerly line of said JUSTISON AND FRANTZ SUBDIVISION, for a distance of 1985.35 feet more or less to a point on the high water line along the Westerly side of Biscayne Bay and the Point of Beginning of the parcel of submerged land herein described; thence continue S 61 21'54" E along the prolongation Southeasterly of the Northerly line of said JUSTISON AND FRANTZ SUBDIVISION, for a distance of 89.0 feet more or less to the intersection thereof with the Dade County bulkhead line along the Westerly side of Biscayne Bay; thence South 40 06'46" West along the Dade County bulkhead line along the Westerly side of Biscayne Bay for a distance of 123.37 feet to a point; thence North 60 07'48" West for a distance of 95.0 feet more or less to a point on the high water line of Biscayne Bay; thence Northeasterly meandering the high water line along the Westerly side of Biscayne Bay for a distance of 235.0 feet more or less to the Point of Beginning of the parcel of submerged land herein described. Said lands situate, lying and being in Miami -Dade County, Florida. J• Exhibit "B" Proffered Conditions — City of Miami Special Exception Hearing a. Install a security gate at some location on the dock to restrict access from dock to Property when dock is unattended b. No vehicles will be parked on South Moorings Way during construction of the dock, or thereafter [for the use of, or servicing of the dock, or the boats moored to the dock] c. No portion of the vessel on the bay side of the.dock shall be allowed to extend northward of the bay -ward extension of the walkway used to access the dock d. No vessels greater than 60 feet will be moored overnight for any period longer than three days in any three week period e. No more than two motor vessels to be moored at dock at any one time, except in rare circumstances on a transient basis only (in no case for longer than 2 hours) f. The dock and any wetlands in the vicinity of the dock shall be kept clear and free of debris at all times g. Lighting shall not spillover onto adjacent properties and shall not exceed the minimal amount necessary to comply with applicable regulations. h. No public address or similar speaker (or music) system shall be constructed into or next to the dock i. All work will be in accordance with maintenance and management plans submitted to and approved by regulatory agencies such as DERM, FDEP, and the City of Miami Applicant will abide by DERM's final decision as to the extension of the dock and pilings from the property line. Motion: Zoning Board Action for Special Exception I e h.a the request on agenda item # �►c� be (denied) granted] that the requirements of Article 16 (were) (were not) 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 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, ompatible and harmonious with other development in the area to a de ree whi will avoid substantial depreciation of the value of ne Si! nature 2 -- 'ql.)/ AS ie,.6 /rite/ PK Print Name Agenda Item Date