HomeMy WebLinkAboutItem10-B
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 2, 2011 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
(Enter Fund & Dept) Advertising Requirement: Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Dr. Danny Crew, City Manager Department:
Planning and Zoning Department Short Title: RESOLUTION NO. 2011____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY ST.
THOMAS UNIVERSITY FOR A VARIANCE OF SECTION 34.660.3(B) OF THE LAND DEVELOPMENT REGULATIONS, REGULATIONS, TO ALLOW A ENTRANCE FEATURE WALL SIGN PLACED 45.0’ ABOVE GRADE ON A ARCHITECTURAL
TOWER WHERE ONLY 6.0’ ABOVE GRADE IS PERMITTED FOR ENTRANCE FEATURE WALL SIGNS; A VARIANCE OF SECTION 34‐660.6(B) OF THE LAND DEVELOPMENT REGULATIONS, TO ALLOW A ENTRANCE FEATURE WALL
SIGN TO BE LOCATED 575.0’ FROM AN ENTRANCEWAY WHERE MAXIMUM SPACING OF 25.0’ FROM AN ENTRANCEWAY IS PERMITTED; A VARIANCE OF SECTION 34‐ 660.2(B) OF THE LAND DEVELOPMENT REGULATIONS,
TO ALLOW FOUR (4) ENTRANCE FEATURE WALL SIGNS WHERE A 64 SQUARE FEET WALL SIGN IS PERMITTED, FOR PROPERTY LOCATED AT 16401 N.W. 37TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”
ATTACHED HERETO; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: ITEM 10-B) RESOLUTION PUBLIC HEARING Application
submitted by St. Thomas University
St. Thomas University Sign Variance PH‐2011‐000060 2 | P a g e Background In February 2008 the City adopted new sign regulations with an intent and purpose that the “display of signs
should be appropriate to the land, building or use they identify and be adequate, but not excessive, for the intended purpose of identification or advertisement.” The sign regulations
were developed to be primarily applicable to the commercial centers and businesses along the City’s major roadways and not necessarily applicable to large properties and institutional
type uses. A sign variance process was adopted as part of the regulations to allow the City Council to evaluate whether the intent and purpose of the regulations are being met, where
in certain situations the regulations cannot be complied with, or may not be practical. Current Situation The applicant, St. Thomas University, due to its’ large property size (140 acres),
institutional use, and location is one of those uses that the applicability of the regulations may not be practical and hence variances are being requested for the University to have
the signage desired. St. Thomas University is proposing a 53.0’ high four sided architectural tower with the school’s name placed at the top to act as an entrance feature to the university.
The tower will be located at the northwest corner of 140 acre site with visibility from N.W. 167 Street and the Palmetto Expressway. St. Thomas University currently benefits from a monument
and entrance feature monument sign located at the main entranceway to the University on N.W. 37 Avenue and another entrance feature monument sign located at the northwest corner of the
property at the same general location as the proposed architectural tower entrance feature wall signs. There is also a monument sign located at the secondary entranceway off N.W. 32
Avenue, and a small identification along N.W. 167 Street. From the heavily travelled Palmetto Expressway the existing entrance feature monument sign offers little identification or recognition
recognition that the large 140 acre property is the campus of St. Thomas University. The University’s intent of the proposed architectural tower sign is to provide the identification
that creates a landmark feature for the University bringing recognition to the University and the City of Miami Gardens. Proposed Action: City Staff recommends Council approval of the
Resolution that permits the requested sign variances subject to the following conditions: 1. That the applicant submit and obtain sign plan approval from the Planning and Zoning Department
for all required signs on the property, said sign plan to be substantially in compliance with plans submitted with this public hearing variance application. Said approval shall be obtained
prior to the issuance of building permit for the proposed architectural tower entrance wall sign. 2. That the applicant removes from the property the sign labeled “E” on the submitted
plans prior to final zoning inspection for the architectural tower entrance feature wall sign. Attachments: • Exhibit “A”, Legal Description • Exhibit “B”, Staff Recommendation
St. Thomas University Sign Variance PH‐2011‐000060 3 | P a g e RESOLUTION
St. Thomas University Sign Variance PH‐2011‐000060 4 | P a g e EXHIBIT “A” LEGAL DESCRIPTION
St. Thomas University Sign Variance PH‐2011‐000060 5 | P a g e EXHIBIT “A” LEGAL DESCRIPTION 34-2116-000-0090 16 52 41 41.04 AC BEG 150FT S & 35FT E OF NW COR OF SEC ELY & SELY AD 857.14FT
E191.86FT S1147.13FT W1544.32FT N1184.04FT TO POB F/A/U 30-2116-000-0090; and 34-2116-000-0050 16 52 41 47.62 AC N2349.06FT OF E1034.82FT OF NW1/4 LESS BEG 570FTS & 585.22FTW OF NE COR
OF NW1/4 CONT W330FT N370FT TO S/R/W/L OF SR 826 ELY AD 330.20FT S382.48FT; and 34-2116-000-004116 52 41 35.957 AC BEG 1334.06FT S & 1034.82FT W OF NE COR OF NW1/4 TH S1015FT W 1577.395FT
N1015FT E1579.32FT TO POB LESS W35FT FOR ST F/A/U 30-2116-000-0041
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. 2011____ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY ST. THOMAS UNIVERSITY FOR A VARIANCE OF SECTION 34.660.3(B) OF THE LAND DEVELOPMENT REGULATIONS, TO ALLOW A ENTRANCE
FEATURE WALL SIGN PLACED 45.0’ ABOVE GRADE ON A ARCHITECTURAL TOWER WHERE ONLY 6.0’ ABOVE GRADE IS PERMITTED FOR ENTRANCE FEATURE WALL SIGNS; A VARIANCE OF SECTION 34-660.6(B) OF THE
LAND DEVELOPMENT REGULATIONS, TO ALLOW A ENTRANCE FEATURE WALL SIGN TO BE LOCATED 575.0’ FROM AN ENTRANCEWAY WHERE MAXIMUM SPACING OF 25.0’ FROM AN ENTRANCEWAY IS PERMITTED; A VARIANCE
OF SECTION 34-660.2(B) OF THE LAND DEVELOPMENT REGULATIONS, TO ALLOW FOUR (4) ENTRANCE FEATURE WALL SIGNS WHERE A 64 SQUARE FEET WALL SIGN IS PERMITTED, FOR PROPERTY LOCATED AT 16401
N.W. 37TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS,
St. Thomas University (“Applicant”) is proposing a 53.0’ high four (4) sided architectural tower with the Applicant’s name to be placed at the top of the sign as an entrance feature
to the University, and WHEREAS, the Applicant is seeking the following approval, 1. A variance of Section 34-660.3(B) of the Land Development Regulations, to allow an entrance feature
wall sign to be placed 45.0’ above grade on an architectural tower where only 6.0’ above grade is permitted, for entrance feature wall signs; 2. A variance of Section 34-660.6(B) of
the Land Development Regulations, to allow an entrance feature wall sign to be located 575.0’ from an entrance way where a maximum spacing of 25.0’ of an entrance way is permitted; and
3. A variance of Section 34-660.2(B) of the Land Development Regulations, to allow four (4) entrance feature wall signs 64 sq. ft. each where only one (1) 64 sq. ft. wall sign is permitted,
WHEREAS, City staff has determined that the variances are consistent with the comprehensive Development Master Plan and recommends approval of the Application, and
2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 WHEREAS, the City Council has considered the testimony of the Applicant, if any,
and WHEREAS, the City Council has also considered the testimony of the City’s Planning and Zoning staff and the Staff Report attached hereto as Exhibit “B”, and incorporated herein by
reference, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs
are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby approves the application submitted by St. Thomas University as follows: 1. A variance of Section 34-660.3(B) of the Land Development Regulations, to allow an entrance feature
wall sign to be placed 45.0’ above grade on an architectural tower where only 6.0’ above grade is permitted, for entrance feature wall signs; 2. A variance of Section 34-660.6(B) of
the Land Development Regulations, to allow an entrance feature wall sign to be located 575.0’ from an entrance way where a maximum spacing of 25.0’ of an entrance way is permitted; 3.
A variance of Section 34-660.2(B) of the Land Development Regulations to allow four (4) entrance feature wall signs 64 sq. ft. each where only one (1) 64 sq. ft. wall sign is permitted
for property located at 16401 N.W. 37th Avenue, more particularly described on Exhibit “A’ attached hereto. Section 3: CONDITIONS: The City Council’s approval of the variances contained
herein, are conditioned upon the Applicant complying with the following: 1. That the Applicant submit and obtain Sign Plan approval from the Planning and Zoning Department for all required
signs on the property, said Sign Plan to be substantially in compliance with plans
3 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 submitted with this public hearing variance application. Said approval
shall be obtained prior to the issuance of building permit for the proposed architectural tower entrance wall sign. 2. That the Applicant remove from the property the sign labeled “E”
on the submitted plans prior to final zoning inspection for the architectural tower entrance feature wall sign. Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS ZONING MEETING HELD ON ____________, 2011. ___________________________________ SHIRLEY
GIBSON, MAYOR ATTEST: __________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY O. CREW. CITY
MANAGER Moved by: __________________ VOTE: _________ 112 Mayor Shirley Gibson ____ (Yes) ____ ____ (No) 113 114 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) Councilwoman Lisa Davis
____ (Yes) ____ (No) 115 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 116 117 Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes) ____ (No)
118 _______________________ ____ (Yes) ____ (No) 119
4 120 121 122 123
ST. THOMAS UNIVERSITY SIGN VARIANCE PH-2011-000060 EXHIBIT “B” STAFF RECOMMENDATION
ST. THOMAS UNIVERSITY SIGN VARIANCE PH-2011-000060 STAFF RECOMMENDATION PH-2010-000060 APPLICATION INFORMATION Applicant: St. Thomas University Property Location: 16401 N.W. 37 Avenue
Property Size: 140 gross acres Future Land Use: Neighborhood Existing Zoning: AU, Agricultural and Utilities District Requested Action(s): 1. Variance of Section 34-660.3(b) of the Land
Development Regulations to allow an entrance feature wall sign placed 45.0’ above grade on an architectural tower where only 6.0’ above grade is permitted for entrance feature wall signs.
2. Variance of Section 34-660.6(b) of the Land Development Regulations to allow a entrance feature wall sign to be located 575.0’ from an entranceway where maximum spacing of 25.0’ from
an entranceway is permitted. 3. Variance of Section 34-660.2(b) of the Land Development Regulations to allow four (4) entrance feature wall signs 64 square feet each where one (1) 64
square feet wall sign is permitted. RECOMMENDATION: Recommend approval of the requested variances by Resolution subject to the following conditions: 1. That the applicant submit and
obtain sign plan approval from the Planning and Zoning Department for all required signs on the property, said sign plan to be substantially in compliance with plans submitted with this
public hearing variance application. Said approval shall be obtained prior to the issuance of building permit for the proposed architectural tower entrance wall sign. 2. That the sign
labeled “E” on the submitted plans be removed from the property prior to final zoning inspection for the architectural tower entrance feature wall sign. REVIEW AND ANALYSIS Neighborhood
Land Use Characteristics Property Future Land Use Zoning Existing Use Site Commerce AU, Agricultural and Utilities District University Campus North Commerce I-2, Industrial-Heavy, PCD,
Planned Corridor Development Industrial, Commercial
ST. THOMAS UNIVERSITY SIGN VARIANCE PH-2011-000060 South Commerce AU -Agriculture Religious; Institutional; Educational East Neighborhood R-1, Single-Family Dwelling Residential District
Single-Family Home West Neighborhood R-1, Single-Family Dwelling Residential District Single-Family Home The 140 acre property is developed as a university campus with related buildings
and facilities. The Marian Center, a religious and educational complex is located to the south of the site. Directly abutting to the north is the Palmetto Expressway, with industrial
and commercial uses developed on the north side of the Palmetto Expressway. The areas east and west of the site are developed with established single family neighborhoods. Project Summary/Background
• St. Thomas University is a 140 gross acre campus site that spans between Eastbound N.W. 167 Street to the north, N.W. 32 Avenue to the east, N.W. 37 Avenue to the west, and N.W. 159
Street to the south. • The property is developed with multiple university buildings buildings and campus facilities with access off N.W. 37 Avenue with a secondary access of N.W. 32
Avenue. The University site is directly visible from the Palmetto Expressway. There is a large natural tree preserve located along the northerly portion of the site. • There are five
(5) existing monument and monument type entrance feature signs located on the property. At the main entrance off N.W. 37 Avenue there is an existing monument sign and a monument entrance
feature sign. At the secondary entrance off N.W. 32 Avenue there is also a monument sign, and along N.W. 167 Street there is a small identification sign. At the location of the proposed
architectural tower entrance feature wall sign at the northwest corner of the property there is the fifth sign, a monument entrance feature sign. • Access to the property from the Palmetto
Expressway primarily warrants exiting at N.W. 47 Avenue and travelling east along N.W. 167 Street and then south on N.W. 32nd or N.W. 37 Avenue to the university entrances. The proposed
architectural tower entrance feature wall sign will be visible from the Palmetto Expressway as vehicles travel past the University site and as vehicles travel easterly along N.W. 167
Street toward the University. Zoning History Several previous zoning approvals have been granted by Miami-Dade County to the St. Thomas University property approving the existing signage
including 4-ZAB-8-69, Z-68-86, Z-140-96, and EF-9-00. These approvals over time have approved the monument signs, entrance feature signs and the guard tower at the main entrance off
N.W. 37 Avenue. Consistency with City of Miami Gardens Comprehensive Development Master Plan The proposed architectural tower entrance feature wall sign does not impact or change the
use or the development on the property in a manner that is inconsistent with the Neighborhood
ST. THOMAS UNIVERSITY SIGN VARIANCE PH-2011-000060 designation of the property in the Future Land Use Element of the of the City of Miami Gardens Comprehensive Development Master Plan
(CDMP). Conclusion: The request is not inconsistent with the objectives and policies of the CDMP. Zoning Review and Analysis Section 34-47 Granting Variances and Waivers, states in relevant
terms that: (A) Purpose and intent. A variance or waiver of the code is a departure from the dimensional or numerical requirements of this chapter where such variance or waiver will
not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a the result of the action of the applicant, a literal enforcement of the requirement
would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted due to the
presence of nonconformities in the zoning district or adjoining zoning districts. (B) Authorized variances and waivers. The zoning appeals board shall have the authority to grant the
following variances: (1) A variance in the numerical yard or area requirements of any district where there are unusual and practical difficulties in carrying out these provisions due
to an irregular shape of the lot, topography, or other conditions. However, such variance shall not seriously affect any adjoining property or the general welfare. (2) A variance when
an owner can demonstrate that a strict application of the terms of the LDR relating to the construction or alteration of buildings or structures, the use of or relating to the use of
the land will impose unusual and impractical difficulties, but not reduced financial value alone. The requests for variances are all related to one (1) proposed architectural tower entrance
feature wall sign the will be located at the northwest corner to provide identification and recognition to the St. Thomas University campus that spans 140 acres between N.W. 167 Street
to the north, N.W. 32 Avenue to the east, N.W. 37 Avenue to the west, and N.W. 155 Street to the south. The actual St. Thomas University sign will be sixty-four (64) square feet in size
but located on an fours sides of the architectural tower that is 53.1’ high. “Section 34-649(a) – Purpose and Intent” states: “(a) These sign regulations and requirements are the minimum
requirements to promote the public health, safety, comfort, good order, appearance, morals and general welfare, and to protect the character of residential, business and industrial areas
throughout the city, and to conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential, business, and industrial areas within
the city and to promote the orderly and beneficial development of such areas. The display of signs should be appropriate to the land, building or use they identify and be adequate, but
not excessive, for the intended purpose of identification or advertisement.” Considering the relatively large size of the University campus at 140 acres, and the large natural tree preserve
along N.W. 167 Street the proposed 53.0’ high entrance feature wall sign is
ST. THOMAS UNIVERSITY SIGN VARIANCE PH-2011-000060 appropriate to the scale of the property and adequate, but not excessive, for the intended purpose of identification. The architectural
tower entrance feature wall sign though located well outside the permitted 25.0’ of the entrance way will also promote the general welfare and appearance of the City of Miami Gardens
by creating a recognized landmark symbolic of St. Thomas University which is in the City of Miami Gardens along the majorly travelled Palmetto Expressway. Conclusion: The requests for
variances will not be contrary to the purpose and intent for the granting of variances and waivers stated in Section 34-47 of the Land Development Regulations. Anticipated Facilities
Impact The subject application pertains to a proposed architectural tower entrance feature wall sign and does not add any additional use development on the property that as such, will
not create additional impact upon the existing public services and facilities. Public Notification/Comments In accordance with Section 34-46(d)(7)(a) of the City’s Zoning and Land Development
Code, notification of the applicant’s requests was mailed to all abutting property owners to provide them an opportunity to comment on the application. No comments were received from
any one of them. (See Mailed Notice Radius Map, attached). Attachments: Public Hearing Checklist Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Affidavit Mailed
Notice Radius Map Zoning History Submitted Plans and Survey Transmittal Notice