Resolution Zoning 12-Z-131 - Laserfiche WebLink

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September 7, 2012 Page 2 The Property is zoned TC (Town Center) and the Proposed Project has been designed to meet all of the basic zoning requirements of the TC zoning district, including height, setbacks, floor area ratio, lot coverage and open space. BAYWALK Because the Property has frontage along Biscayne Bay it is subject to the Shoreline Development review standards of Chapter 33D, Article Ill of the Miami-Dade County Code of Ordinances. The Property is very small (0.5 total acres, 0.4 upland acres, 97' wide and 150' deep), especially compared to other parcels of land directly to the east of the Property along Biscayne Bay, and therefore the Proposed Project cannot be designed in a manner that meets the required shoreline, side setback and visual corridor requirements of the County Code. Strict compliance with the setback requirements outlined in the County's shoreline development criteria would reduce the buildable area of the Property to the point where nothing could be built. Although the Proposed Project falls short of the technical requirements of Chapter 33D, the Applicant will provide a public baywalk across the rear of the Property along Biscayne Bay. The improvements to the public baywalk proposed by the Applicant include the installation of benches, paved walkways, and landscaping. The baywalk will run the entire width of the Property (approximately 97') and connect to the undeveloped property to the east and to the future City park site to the west. Due to heightened security concerns arising from the use of the Proposed Building as an Orthodox Jewish religious facility, the proposed public baywalk has been designed to be separated from the rest of the private property. The public baywalk will be located at grade while the private portion of the baywalk and the first floor of the Proposed Building will be elevated approximately 8' 8" above grade. Also, the Property has existing dock and deck facilities that extend across the submerged land portion of the Property. The public baywalk will be separated from the deck and dock facilities by a chain rope and gate. Due to the use of the Proposed Building as a religious facility, pre-school and community center, the Applicant proposes to close the public access to the baywalk at certain limited times. For example, at certain times when the school children are using the baywalk portion of the Property the public access is proposed to be closed. Also, when special events, such as a wedding reception, or during Jewish high holidays when the facility is accommodating an extra capacity of persons and/or the special event itself is held on the baywalk or deck and dock facilities, the public access to the baywalk is proposed to be closed. When the Applicant establishes a regular routine for the pre-school, the Applicant will seek approval from the City Manager for the temporary closure of the baywalk. Also, for special events, the Applicant will seek approval from the City Manager for the temporary closure of the baywalk. During those times when the public access to the baywalk is closed, the public can use an alternative pedestrian path around the Proposed Building which is located on the east side of the Proposed Building and then turns to the west along the front of the Property connecting to the future City park site to the west of the Property. {25145759;1}