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Resolution No.: 2003-0799
Monday, December 15, 2003
Mr. Angel Urquiola 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 KUBIK
AT MORNINGSIDE PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.1, REDUCTION
IN PARKING REQUIREMENTS FOR COMBINATION OF COMMERCIAL AND OFFICE USES
ON THE SAME PREMISES AND ARTICLE 9, SECTION 917.7.2, VALET PARKING FOR
RESTAURANT USE FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5600-5780
BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED),
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED
COMMERCIAL AND SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT. THESE
SPECIAL EXCEPTIONS WERE GRANTED 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
APPLICANT SHALL PRESENT FINAL DESIGN DETAILS ON THE FACADES, INCLUDING
COLOR, SIGNS, MATERIALS, SITE AND LANDSCAPE PLANS FOR REVIEW AND APPROVAL
BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND 2)
THIS APPROVAL SHALL BE SUBJECT TO ALL ADDITIONAL CONDITIONS AS SPECIFIED IN
THE FINAL DEVELOPMENT ORDER OF THE MAJOR USE SPECIAL PERMIT FOR THE
PROJECT.
Upon being seconded by Mr. Charles J. Flowers,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr. Miguel Gabela Null
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms, Ileana Hernandez -Acosta Yes
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman Yes
Mr. Angel Urquiola Yes
Mr. Georges William Yes
AYE: 9
NAY: 0
ABSTENTIONS: 0
NO VOTES: 1
ABSENT: 0
Ms. Fernandez: Motion carries 9-0
Teresita L. Fernandez, Executive retary
Hearing Boards
Case No. 2003-0740
Item Nbr:
6
Exhibit "A"
LEG3M DESCf
Lots 1 through 15. Except Lot 11. and the South 12.5 feet
of Lot 16, loos the Eort 5 feet of Lot 10, Block 15. according
to the plat thereof, as recorded In Plot Hook 16 at Poge 30.
of. the Public Records of Miami —Dade County. Florida
LEGAL DESCRJFTIOht
Lot 11, Block 15. occording'to the plat thereof. as recorded in Piot
Book 16 at Pogo 30. of the Public Records of Miami —Dade County.
Florida
Motion:
Zoning Board Action for Special Exception
t the request on agenda item # _ J(� be (denied)
in that the requirements of Article 16 (were) (were not)
led 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 com )atibility 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, lccation of
connections and potentially adverseappearance 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
1305.8
Signature
Due consideration shall be given to provision for the preservation of
existing vegetation and geological features whenever possible.
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.
Print Name
12-6 - D3
Agenda item Date