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HomeMy WebLinkAboutLegislation-SUBWHEREAS, BVM Development, LLC ("Applicant") filed an application for an exception ("Application") to allow a reconfiguration of an existing asphalt parking area that is subordinate to the principal use of the property as a commercial storage garage, for the property located at approximately 162 Northeast 50 Terrace, Miami, Florida, as depicted in Exhibit "A", attached and incorporated; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, approved the Application, with conditions, on December 17, 2014, by a vote of nine to zero (9-0); and WHEREAS, the Design District Studions II, LLC ("Appellant") filed an appeal pursuant to Section 7.1.2.6(d) of the City of Miami Zoning Code, ("Miami 21"), on January 2, 2015; and WHEREAS, based on the testimony and evidence presented, and after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to support approval of the Application; and WHEREAS, the City Commission has considered the manner in which the proposed use will operate given its specific location and proximity to the adjacent uses; and WHEREAS, the City Commission has considered the requirements of Miami 21 and Article 4, Table 12, Design Review Criteria; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated grounds for the appeal and the facts presented in support thereof justify affirming the decision of the PZAB; and WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds that the exception to allow a reconfiguration of an existing asphalt parking area that is subordinate to the principal use of the property as a commercial storage garage is compatible with the adjacent uses, and does comply with the criteria for an exception set forth in Miami 21, Section 3.6.1(e), Section 7.1.2.6, and Article 4, Table 12, Design Review Criteria; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Legislation Resolution: R-15-0086 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01189x Final Action Date:2/26/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), a N DENYING THE APPEAL FILED BY DESIGN DISTRICT STUDIOS II, LLC, a APPROVING THE DECISION OF THE PLANNING, ZONING AND APPEALS F- z BOARD, AND APPROVING AN EXCEPTION TO ALLOW A LEGAL, co a o NON -CONFORMING PARKING AREA TO BE RE-ESTABLISHED AND TO BE Z INCIDENTAL AND SUBORDINATE TO THE PROPOSED PRINCIPAL USE FOR THE D PROPERTY LOCATED AT APPROXIMATELY 162 NORTHEAST 50 TERRACE, z a MIAMI, FLORIDA. - z U z. ui o C9 w a 22 co 1--- Q V DOCUIV] ENT. City of Miami Page 1 of 2 File Id:14-01189x (Version: 5) Printed On: 4/2/2015 File Number: 14-01189x Enactment Number:: R-15-0086 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Commission approves the Application, affirms the decision of the PZAB as set forth in Resolution PZAB-R-14-078, which approved the Application, and denies the appeal giving rise to this hearing. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoca{14 APPRO D�A-8'TO RM AND CORRECTNESS: VICTORIi'NDE CITYI6RNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 2 of 2 File Id: 14-01189x (Version: 5) Printed On: 9/2/2015 City of Miami Legislation Resolution SUBSTITUTED City Hall 3500 Pan American Drive Mlami, FL 33133 www.miamlgov,com File Nu her: 14.01189x Final Action Date: A RE OLUTION or THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED Y DESIGN DISTRICT STUDIOS II, LLC, APPROVING THE DECISION OF THE PLA NING, ZONING AND APPEALS BOARD, AND APPROVING AN EXCEPT!• TO ALLOW A LEGAL, NON -CONFORMING PARKING AREA TO BE RE-ESTABL HED AND TO BE INCIDENTAL AND SUBORDINATE TO THE PROPOSED INCIPAL USE FOR THE PROPERTY LOCATED AT < APPROXIMATE 162 NORTHEAST 50 TERRACE, MIAMI, FLORIDA. WHEREAS, BVM Developm t, LLC ("Applicant") filed an application for an exception ("Application") to allow a reconfigu ltion of an existing asphalt parking area that is subordinate to the principal use of the property as a co mercial storage garage, for the property located at approximately 162 Northeast 50 Terrace, Miami, Flor 'a; and WHEREAS, the Planning, Zoning and •peals Board ("PZAB"), after a public hearing, approved the Application, with conditions, on Deoemb 17, 2014, by a vote of nine to zero (9-0); and WHEREAS, the Design District Studions II, C ("Appellant") filed an appeal pursuant to Section 7.1.2,6(d) of the City of Miami Zoning Code, ("Mia i 21"), on January 2, 2015; and WHEREAS, based on the testimony and evidenc •resented, and after due notice and an opportunity to be heard has been afforded to all parties nd members ofthe public, thereis competent substantial evidence in the record to support approval of eApplication; and WHEREAS, the City Commission has considered the ma er in which the proposed use will operate given its specific location and proximity to the adjacen ses; and WHEREAS, the City Commission has considered the requirem ts of Miami 21 and Article 4, Table 12, Design Review Criteria; and WHEREAS, the City Commission, after careful consideration of this atter, finds that the stated grounds for the appeal and the facts presented in support thereof justify a min.g the decision of the PZAB; and WHEREAS, for the reasons stated on the record at the public hearing, the Commission finds that the exception to allow a reconfiguration of an existing asphalt parking area th is subordinate to the principal use of the property as a commercial storage garage is compatible with e adjacent uses, and does comply with the criteria for an exception set forth in Miami 21, Section 3.6,1 , Section 7.1,2.6, and Article 4, Table 12, Design Review Criteria; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIA I, FLORIDA: City.of Miami Page 1 of 2 File Id: 14-01189x (Version: 4) Printed On: 1/20 '15 SUBSTITUTED File Number: 14-01189x Section 1, The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Commission approves the Application, affirms the decision of the PZAB as set fort in Resolution PZAB-R-14-078, which approved the Application, and denies the appeal giving rise tothH oaring. Secti 3, This Resolution shall become effective immediately upon its adoption and signature of the Mayor, APPR VED AST VICTJkIA. MEN EZ CITY ATTORNEY Footnotes ORM AND C RI7ECTNESS: fl {1} If the Mayor does not sign this Resolutio it shall become effective at the end of ten (10) 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 b the City Commission, City of Miami Page 2 of 2 File Id; 14-01189x (Version: 4) Printed On: 1/20 5