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HomeMy WebLinkAboutCC Legislation (Version 3)File Number: 10-00405ii Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD AND THEREBY GRANTING WITH CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 10-0027, ISSUED BY THE PLANNING DIRECTOR ON MARCH 11, 2010, TO ALLOW AN ADDITION TO RANSOM EVERGLADES SCHOOL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3575 MAIN HIGHWAY, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 16, 2010, following an advertised public hearing, adopted Resolution No. ZB-R-10-001 by a vote of eight to zero (8-0), item no. Z. 1, to APPROVE with conditions the Class II Special Permit as set forth, thereby confirming the decision of the Planning Director; and WHEREAS, the decision of the Planning, Zoning and Appeals Board has been appealed by Andrew Dickman; and WHEREAS, the City Commission after careful consideration of this matter finds the application for the Class II Special Permit meets the applicable requirements of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Planning, Zoning and Appeals Board and grant with conditions the Class II Special Permit 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 Planning, Zoning and Appeals Board to approve with conditions the Class II Special Permit as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida ("Zoning Ordinance"), to allow an addition to the Ransom Everglades School, for the property located at approximately 3575 Main Highway, Miami, Florida, legally described in attached "Exhibit A," is affirmed, and the Class II Special Permit is granted with conditions. Section 3. The findings of fact set forth in the Class II Special Permit Final Decision 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 submitted by staff or others). The findings have been made by the City Commission to approve this project with conditions. City of Miand Page 1 of 2 File Id: 10-00405ii (Version: 3) Printed On.: 7/9/2010 Cit of Miami Y City Hall 3500 Pan American X14 Drive NCYW£_�SATfG ,; 7 Legislation Miami FL 33133 www.miamigov.com Resolution File Number: 10-00405ii Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD AND THEREBY GRANTING WITH CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 10-0027, ISSUED BY THE PLANNING DIRECTOR ON MARCH 11, 2010, TO ALLOW AN ADDITION TO RANSOM EVERGLADES SCHOOL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3575 MAIN HIGHWAY, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 16, 2010, following an advertised public hearing, adopted Resolution No. ZB-R-10-001 by a vote of eight to zero (8-0), item no. Z. 1, to APPROVE with conditions the Class II Special Permit as set forth, thereby confirming the decision of the Planning Director; and WHEREAS, the decision of the Planning, Zoning and Appeals Board has been appealed by Andrew Dickman; and WHEREAS, the City Commission after careful consideration of this matter finds the application for the Class II Special Permit meets the applicable requirements of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Planning, Zoning and Appeals Board and grant with conditions the Class II Special Permit 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 Planning, Zoning and Appeals Board to approve with conditions the Class II Special Permit as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida ("Zoning Ordinance"), to allow an addition to the Ransom Everglades School, for the property located at approximately 3575 Main Highway, Miami, Florida, legally described in attached "Exhibit A," is affirmed, and the Class II Special Permit is granted with conditions. Section 3. The findings of fact set forth in the Class II Special Permit Final Decision 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 submitted by staff or others). The findings have been made by the City Commission to approve this project with conditions. City of Miand Page 1 of 2 File Id: 10-00405ii (Version: 3) Printed On.: 7/9/2010 File Number: 10-00405ii 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 Code of the City of Miami, Florida, as amended ("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. 007 of Miami Page 2 of 2 File Id: 10-00405ii (!Version: 3) Printed On: 7/9/2010