HomeMy WebLinkAboutCC Legislation (Version 3)File Number: 08-00576xc1
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION
APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION
401, CONDITIONAL PRINCIPAL USES IN THE "PR" DISTRICT, TO ALLOW THE
CONSTRUCTION OF A GOLF TRAINING CENTER, WITH A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED
SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1802 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on February 8, 2010, following an advertised
public hearing, adopted Resolution No. ZB-R-10-004 by a vote of seven to zero (7-0), item no. Z.1,
recommending APPROVAL with conditions of a Special Exception requiring City Commission approval
as set forth in "Exhibit 1 "; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida ("Zoning Ordinance"), requires City Commission approval of the Special Exception as
hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the decision of the Zoning Board, finds the application for the Special Exception meets the applicable
requirements of Zoning, and deems it advisable and in the best interest of the general welfare of the
City of Miami and its inhabitants to reverse the decision of the Zoning Board and grant the Special
Exception as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The decision of the Zoning Board to approve with conditions the Special Exception as
listed in the Zoning Ordinance, Article 4, Section 401, to allow conditional principal uses of "PR"
district, to allow the construction of a golf training center for the property located at approximately 1802
Northwest 37th Avenue, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on
file and subject to a time limitation of twelve (12) months in which a building permit must be obtained,
and the Special Exception granted.
Section 3. The findings of fact set forth below are made with respect to the subject property:
a. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
project that have been found by the City Commission (based upon facts and reports prepared or
City of Miami Page 1 of 5 File Id: 08-00576xc1 01'ersion: 2) Printed On: 3/2/2010
City of Miami
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Legislation
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Resolution
File Number: 08-00576xc1
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION
APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION
401, CONDITIONAL PRINCIPAL USES IN THE "PR" DISTRICT, TO ALLOW THE
CONSTRUCTION OF A GOLF TRAINING CENTER, WITH A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED
SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1802 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on February 8, 2010, following an advertised
public hearing, adopted Resolution No. ZB-R-10-004 by a vote of seven to zero (7-0), item no. Z.1,
recommending APPROVAL with conditions of a Special Exception requiring City Commission approval
as set forth in "Exhibit 1 "; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida ("Zoning Ordinance"), requires City Commission approval of the Special Exception as
hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the decision of the Zoning Board, finds the application for the Special Exception meets the applicable
requirements of Zoning, and deems it advisable and in the best interest of the general welfare of the
City of Miami and its inhabitants to reverse the decision of the Zoning Board and grant the Special
Exception as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The decision of the Zoning Board to approve with conditions the Special Exception as
listed in the Zoning Ordinance, Article 4, Section 401, to allow conditional principal uses of "PR"
district, to allow the construction of a golf training center for the property located at approximately 1802
Northwest 37th Avenue, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on
file and subject to a time limitation of twelve (12) months in which a building permit must be obtained,
and the Special Exception granted.
Section 3. The findings of fact set forth below are made with respect to the subject property:
a. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
project that have been found by the City Commission (based upon facts and reports prepared or
City of Miami Page 1 of 5 File Id: 08-00576xc1 01'ersion: 2) Printed On: 3/2/2010
File Number: 08-00576xcl
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions herein:
1) Site and Urban Planning:
Design Review Criteria Applicabilitv
(1) Respond to the physical contextual Yes.
environment taking into consideration
urban form and natural features;
(2) Sitting should minimize the impact N/A.
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should N/A.
be oriented to the corner and public
street fronts.
11) Architecture and Landscape Architecture:
Design Review Criteria Applicability
(1) A project shall be designed to Yes.
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood Yes
context;
(3) Create a transition in bulk and Yes
scale;
(4) Use architectural styles and details Yes.
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade Yes
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
111) Pedestrian Oriented Development:
Compliance
*Yes.
Compliance
Yes.*
Yes.
Yes.
Yes.*
Yes.
Design Review Criteria Applicabilitx Compliance
001 of Miami Page 2 of 5 File Id. 08-00576xc1 (Version: 2) Printed On: 312/2010
File Number: 08-00576xcl
(1) Promote pedestrian interaction; Yes. Yes.
(2) Design facades that respond Yes. Yes.
primarily to the human scale;
(3) ,Provide active, not blank facades. Yes. Yes.*
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscape and Open Space:
Design Review Criteria Applicabilitv Compliance
(1) Provide usable open space that Yes. Yes.
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
Material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
Yes. Yes.*
Design Review Criteria Applicabilitv
(1) Design for pedestrian and Yes.
vehicular safety to minimize conflict
points;
(2) Minimize the number and width
of driveways and curb cuts;
(3) Parking adjacent to a street front
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as
district buffer.
VI) Screening:
Yes
Yes
Yes
Design Review Criteria Applicabilitv
(1) Provide landscaping that screen Yes.
Compliance
Yes.
Yes.*
Yes.
Yes.
Compliance
Yes.*
00) of Miand Page 3 of 5 File Id: 08-00576a c1 (Version: 2) Printed On.: 3/2/2010
File Number: 08-00576xcl
undesirable elements, such as
surface parking lots, and that
enhances space and architecture;
(2) Building sites should locate
service elements like trash
dumpster, loading docks, and
mechanical equipment away from
street front where possible. When
elements such as dumpsters,
utility meters, mechanical units and
service areas cannot be located away
from the street front they should be
situated and screened from view to
street and adjacent properties;
(3) Screen parking garage structures
with program uses. Where program
uses are not feasible soften the garage
structure with trellises, landscaping,
and/or other suitable design element.
VII) Signage and Lighting:
Yes. Yes.*
N/A.
Design Review Criteria Applicability
(1) Design signage appropriate for Yes.
the scale and character of the project
and immediate neighborhood;
(2) Provide lighting as a design feature Yes
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize N/A.
glare to adjacent properties;
Compliance
Yes.*
Yes.*
(4) Provide visible signage identifying Yes. Yes.*
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation and/or N/A.
geological features whenever possible.
Cite of Miami Page 4 of 5 File Id. 08-00576ac1 (Version: 2) Printed On: 3/2/2010
File Number: 08-00576xcl
IX) Modification of Nonconformities:
Design Review Criteria Applicability Compliance
(1) For modifications of nonconforming N/A.
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to N/A.
current regulations shall be designed
to conform to. the scale and context of
the nonconforming structure.
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
b. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the
proposed project have been found by the City Commission to adhere to other specific
consideration(s) set forth in the zoning ordinance, the City Code, and other applicable
regulation(s).
c. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which the
proposed use will operate, given its specific location and proximity to less intense uses, has been
found by the City Commission to adhere to other specific consideration(s) set forth in the zoning
ordinance, the City Code and other applicable regulation(s), with particular consideration given to
protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion,
traffic conflicts, and the spillover effect of light.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:'/
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 5 of 5 File Id. 08-00576xc1 (Versioi 2) Priwed Ox: 3/2/2010