Loading...
HomeMy WebLinkAboutLegislation-SUB Memo from City ManagerCI1Y )l 111 \\II. FI.UI&ID.I INTER -OFFICE yIEMORANDLM TO The Honorable Mayor and Members of the City Commission I ,,r:FROM. Daniel J. Alfonso City Manager DATE April 21, 2017 SUBJECT: April 27, 2017 City Commission Meeting Agenda — PZ.2 REFERENCES: ENCLOSURES: The Department of Planning and Zoning respectfully requests the legislation to File ID 1401 be substituted, as shown in the attached. This item is PZ.2 in the April 27, 2017 City Commission meeting agenda. The printed agenda printed with an old version of the legislation. The most current legislation signed by the City Attorney is showing correctly on the Legislative Hub. C: Victoria Mendez, City Attorney Nzeribe 1hekwaba, Chief of Operations and Assistant City Manage rrfµrancisco J. Garcia, Department of Planning and Zoning Director Anna Medina, Agenda Coordinator PZ 17-007 T3 T LQtIA 1-; Sub mcrno-Fromm CAI 1\4`� l THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami. FL 33133 www.rniamigay.com File Number: 1401 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO CHAPTER 2, ARTICLE IV, DIVISION 2, SECTION 2-212(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT/NON-CONFORMING USE PILOT PROGRAM", TO RENEW A CERTIFICATE OF USE FOR A NON -CONFORMING OFFICE USE ON A PROPERTY LOCATED IN A "T3-R" SUB -URBAN TRANSECT ZONE —RESTRICTED, AT APPROXIMATELY 2225 SOUTHWEST 18 AVENUE, MIAMI, FLORIDA. WHEREAS, on July 15, 2016, Nicole Sohn, Esquire, on behalf of L2 Holding, LLC ('Applicant") submitted an application for an Exception to renew an expired Certificate of Use ("CU") for a general office use on the property located at 2225 Southwest 18 Avenue, Miami, Florida ("Property'); and WHEREAS, the Applicant's request is to continue the operation of the nonconforming use which was originally approved by CU No. 080690 on January 2. 1985 (''1985 Approval"): and WHEREAS, the Property has been used as a medical office since the 1985 Approval; and WHEREAS, on January 2013, the medical office ceased its operation and the CU lapsed; and WHEREAS, pursuant to Section 2-212(c) of the Code of the City of Miami, Florida. as., amended ("City Code"), the Applicant may reestablish the use upon issuance of an Exception by the City Commission; and WHEREAS. the City Commission has considered the Applicant's request and the : tt evidence presented and deems it appropriate and in the best interest of the City of Miami — ("City") to restore a nonconforming office on the Property located in a "T3—R", Sub -Urban Transect Zone -Restricted, since the nonconforming use was legally established and operated; the nature and character of the nonconforming use is substantially the same as that for which the structure was originally designed; no material difference in the quality, character, _inte(slty or degree of the nonconforming use will exist; and the nonconforming use will not prove materially adverse to the surrounding properties; 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 City Commission hereby finds that the Exception request for the Property conforms with the criteria found in Sections 2-212(c)(1)-(4) of the City Cade and grants said Exception. THIS DOCUMENT'S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Section 3. The City Manager or his designee is directed to reissue a CU for the Property for the general office use contemplated herein subject to all applicable life -safety considerations required for issuance of a CU for said general office use. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: Barnaby L. Min, Deputy City Attorney 4/18/2017 r.� 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. SUBSTITUTED File Num• -r: 1401 A RESOLUTI APPROVING A 2, SECTION 2-21 AMENDED, ENTITL AND ZONING DEPAR RENEW A CERTIFICA PROPERTY LOCATED IN AT APPROXIMATELY 2225 City of Miami Legislation Resolution City Hall 3500 Pan American ©rive Miami, FL 33133 www.miamigov.com Final Action Date: OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), EXCEPTION PURSUANT TO CHAPTER 2, ARTICLE IV, DIVISION C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING ENT/NON-CONFORMING USE PILOT PROGRAM", TO OF USE FOR A NON -CONFORMING OFFICE USE ON A "T3-R" SUB -URBAN TRANSECT ZONE -RESTRICTED, OUTHWEST 18 AVENUE, MIAMI, FLORIDA. WHEREAS, on July 15, 201+, icole Sohn, Esquire, on behalf of L2 Holding, LLC ("Applicant") submitted an application an Exception to renew an expired Certificate of Use ("CU") for a general office use on the pro. -rty located at 2225 Southwest 18 Avenue, Miami, Florida ("Property"); and WHEREAS, the Applicants request is to ❑ntinue the operation of the nonconforming use which was originally approved by CU No. 08 •90 on January 2, 1985 ("1985 Approval''); and and WHEREAS, the Property has been used as a m ical office since the 1985 Approve; WHEREAS, on January 2013, the medical office teas- ' its operation and the CU lapsed; and WHEREAS, pursuant to Section 2-212(c) of the Code of the ► ty of Miami, •Florida, as amended ("City Code"), the Applicant may reestablish the use upon is ance of an Exception by the City Commission; and WHEREAS, the City Commission has considered the Applicant's req t and the evidence presented and deems it appropriate and in the best interest of the Cit •f Miami ("City') to restore a nonconforming office on the Property located in a '"T3—R", Su • Urban Transect Zone -Restricted, since the nonconforming use was legally established an■ .perated; the nature and character of the nonconforming use is substantially the same as that f. which the structure was originally designed; no material difference in the quality, character, int sity or degree of the nonconforming use will exist; and the nonconforming use will not prove materially adverse to the surrounding properties; 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 City Commission hereby finds that the Exception request for the Property conforms with the criteria found in Sections 2-212(c)(1)-(4) of the City Code and grants said Exception. SUBSTITUTED Section 3. The City Manager or his designee is directed to reissue a CU for the Property for the general office use contemplated herein subject to ail applicable life -safety considerations required for issuance of a CU for said general office use. Section 4. This Resolution shall become effective immediately upon its adoption and signre of the Mayor,' APPRO D AS TO FORM AND CORRECTNESS: ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (1 O) 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.