HomeMy WebLinkAboutBack-Up DocumentsCity of Miami
Planning and Zoning Department
Land Development Section
ANALYSIS FOR
EXCEPTION
FILE ID: 16-01386x
APPLICANT: Nicole Sohn, Esquire, on behalf of the property owner L2 Holdings Miami LLC
PROJECT ADDRESS: 2225 SW 18 Ave
TRANSECT ZONE: T3-R (Sub -Urban Restricted)
NET OFFICE: Coral Way
COMMISSION DISTRICT: District 4
FOLIO: 01-4115-012-0080
A. GENERAL INFORMATION:
REQUEST: Pursuant to Chapter 2, Article IV, Division 2, Section 2-212 (c), Non -Conforming
Use Pilot Program of the Miami Code of Ordinances, the applicant requests an Exception to
restore a nonconforming use located in a T3-R (Sub -Urban Restricted) Transect Zone.
B. BACKGROUND:
The subject property is located on a corner lot within the New Shenandoah Subdivision and
the Coral Way NET area. The subject site Is approximately 13,093 sq. ft. and is generally
bounded by SW 22 Terrace to the north and SW 18 Avenue to the east. The complete legal
description is on file with the Hearing Boards Section.
Above: Vicinity map and aerial view of subject site (2225 SW 18 Avenue) outlined in blue.
2225 SW 18 Avenue / 16-01386x
Page 1 of 3
The subject site contains an existing structure of 3,719 sq. ft. and a surface parking lot. On
January 2, 1985, the subject structure was converted from a single-family residence into a
medical office (Building Permit #85-808, Certificate of Use# 080690). Under the 11000 Zoning
Ordinance, the site was zoned R1.
When the City changed its zoning ordinance and adopted Miami 21 in April of 2010, the site
was subsequently rezoned to T3-R (Sub -Urban Restricted). Under this zoning, office uses are
not permitted. On January of 2013, the medical office ceased its operations and the Certificate
of Use (C.U. #080690) for Medical Office was closed.
On July 15, 2016, the new owner (L2 Miami Holdings LLC) of this site approached the City
of Miami's Zoning Administrator to request an extension of the expired C.U. and the
conversion of the nonconforming use from a medical office to a general office.
Exception per Chapter 2, Division 2, Section 2-212(c) of the City Code, Nonconforming
Use Pilot Program
City Code, Chapter 2, Division 2, Section 2-212(c), (attached as Exhibit A) established a
Nonconforming Use Pilot Program in that, a Certificate of Use for a nonconforming use that has
lapsed or discontinued for a period of 18 months but less than five years, may be reinstated
through the process of Exception before the City Commission. Applications requesting an
Exception per the Nonconforming Use Pilot Program must comply with the criteria as stated
below:
1. The nonconforming use was originally legally established and operated at the time. Pursuant
to records verified by the Planning and Zoning Department, the property was permitted as
transitional use for office with off-street parking. Building Permit # 85-808 was issued on
January 2, 1985, for a conversion of the subject property from single-family residential use
to a medical office use with a surface parking lot. Furthermore, based on Building
Department's records, a Certificate of Use #080690 for Medical Office was active through
January of 2013.
2. If in a structure, the nature and character of the nonconforming use is substantially the same
as that for which the structure was originally designed. The applicant seeks to establish a
general office use within an existing structure property. The proposed plan states that the
office may accommodate a maximum occupancy of thirty-two (32) people; however, the
applicant proposes to accommodate a staff of 15 people. Based on microfilm records, the
approved legal nonconforming use (Medical Office) allowed a maximum occupancy of thirty-
two (32) people. The maximum occupancy allowed for the proposed property complies with
the nonconforming use, size of the property and parking. The proposed office use will not alter
the existing character and nature of the property. Hence, the nonconformity use is
substantially similar as that for which the structure was originally designed.
3. No material difference in the quality, character intensity or degree of the nonconforming use
will exist or greater compliance with the Miami 21 Code is provided. The proposed plans show
no alteration, addition nor any extension to the existing footprint of the building, landscaping
and parking. The proposed plans show only minor alterations and updates to the existing
indoor design layout. The existing ADA ramp located to the east side of the building complies
with the current ADA requirements and maintains the purpose to provide access for the
physically impaired, pursuant to Florida Accessibility Code for Building Construction.
4. The nonconforming use will not prove materially adverse to the surrounding properties
pursuant to Article 4, Table 12, of the Miami 21 Code. The applicant proposes to maintain the
original architectural characteristics of the property in order to mitigating any visual and
physical impact that could potentially affect the surrounding properties and disrupt the intent
2225 SW 18 Avenue / 16-01386x
Page 2 of 3
of the character of single-family residential neighborhood, pursuant to Article 4, table 12 of the
Miami 21 Code.
In this case, the original nonconforming use (medical office) was legally converted and
established by the Building Department on January 2, 1985. The conversion of the
nonconforming use medical office use to a general office use is substantially the same. There
is no material difference in the quality, character, intensity, or degree of the nonconforming
uses as requested. Lastly, the nonconforming use will not prove materially adverse to the
surrounding properties.
C. RECOMMENDATION:
Staff has reviewed the applicant's request and supporting documentation, Based on research
and materials provided, staff supports the approval of the Exception under the Nonconforming
Use Pilot Program, per Chapter 2, Division 2, Section 2-212(c) of the City Code with the
following conditions::
1. The development shall be substantially in accordance with the plans as prepared by M.
Averhoff Architecture entitled "La Casita" consisting of three (3) sets, dated stamped
received by the City of Miami Hearing Boards on July 27, 2016.
2. The applicant or successor in interest shall comply with all applicable requirements of all
departments / agencies as part of the City of Miami permitting process.
3. The Applicant shall submit a final landscape plan in accordance with Article 9 entitled
"Landscape Requirements" of the Miami 21 Code to be approved by the Director of the
Planning and Zoning Department or his or her designee prior to submitting for a building
permit.
4. Failure to obtain a Certificate of Use for the General Office will result in this use in being
revoked.
5. This Exception is non -transferable and limited solely to the "Applicant" (L2 Holdings Miami
LLC). Any change of use, transfer of ownership, or extension/ addition to the existing
structure of the property will automatically rescind this Exception and shall require an
approval of a new Permit fully in compliance with the Codes and Regulations pursuant to
Miami 21 Code of Ordinances.
Exhibit A- City of Miami Legislation Nonconforming Use Pilot Program, Chapter 2, Article IV,
Division 2, Sec. 2-212(c).
Exhibit B- Building Permit # 85-808 dated January 2, 1985
Jacqueline Ellis
Acting Chief of. Land Development
Report prepared by Luiz Vicentini, Planner 110/17/2016
2225 SW 18 Avenue / 16-01386x
Page 3 of 3
EXHIBIT A
CITY OF MIAMI LEGISLATION; CHAPTER
2, ARTICLE IV, DIVISION 2, SEC. 2-212 (C)
NONCONFORMING USE PILOT
PROGRAM.
City of Miami
Legislation
Ordinance
File Number: 15-00761
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING
AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION
2-212, ENTITLED "NONCONFORMING USE PILOT PROGRAM," TO REINSTATE
THE PILOT PROGRAM THROUGH AUGUST 1, 2016, TO ADD LANGUAGE TO
CLARIFY THE PARAMETERS FOR RENEWAL OR REINSTATEMENT OF
CERTIFICATES OF USE FOR NONCONFORMING USES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicable portions of the Code of the City of Miami, Florida, as amended
("City Code"), provide regulations and criteria to reinstate discontinued and abandoned uses that are
nonconforming; and
WHEREAS, the intent of the City Code is to allow a certificate of use for a nonconforming use
which lapsed for a period of more than six (6) months, but for less than 18 months, to apply for a
warrant to have the use reinstated as long as the use has received an exception under Miami 21
Section 7.2.6; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, if the nonconforming use is located within a structure, that the nature and
character of the nonconforming use be substantially the same as that for which the structure was
originally designed; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, the nonconforming use will not provide material difference in the quality,
character, intensity, or degree of the nonconforming use if reinstated; and
WHEREAS, the City Code requires that where a certificate of use for a nonconforming use can
be reinstated by warrant, the nonconforming use will not prove materially adverse to the surrounding
properties if reinstated; and
WHEREAS, the City Commission desires to allow a certificate of use for a nonconforming use
which has been discontinued for a period in excess of eighteen (18) months and less than five (5)
years to be reinstated by an exception process as described in Miami 21, subject to conditions and in
conformity with Miami 21 Section 7.2.6;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION FOR THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as fully set forth in this Section,
City of Miami
Page 1 of 4
File Id:15-00761 (Version: 1) Printed On: 6/29/2015
File Number: 15-00761
Section 2. Chapter 2/Article IV/Division 2 of the City Code is amended in the following
particulars;{1 }
"CHAPTER 2
ADMINISTRATION
ARTICLE IV. DEPARTMENTS
DIVISION 2, PLANNING, BUILDING AND ZONING DEPARTMENT
Sec. 2-212. Nonconforming use pilot program.
(a) It is the intent of this program In order to encourage economic development and notwithstanding
any contradictory provisions in the City Code or zoning ordinance including Section 7.2.6(d) of Miami
21, the following pilot program is hereby instituted fora period of -two -years and and will automatically
terminate on August 1, 2013 20.152016,, unless-otherwise-ti- tended -ley affirmative vote of the Cit-y-
Commissien-by,
+;b} fal Discontinuance or abandonment of a nonconforming use -six (6) months or less.
A certificate of use for any nonconforming use which has lapsed may be renewed so long as no
material difference in the quality, character, intensity, or degree of the nonconforming use will exist;
and the use has not been discontinued or a the certificate of use has not lapsed for longer than six (61
months:; and is in conformity with Miami 21 Section 7.2,6.
4s) (b) Discontinuance or abandonment of a nonconforming use -more than six (6) months but less
than eighteen (18) months,
If a nonconforming use is documented as has been discontinued or abandoned or a certificate of use
for aanonconforming use lapses has Lapsed for a period of more than six (6) months_butfor less than
eighteen (18) months, the nonconforming use may be permitted to continue, and a certificate of use
renewed, by process of warrant. The procedure and criteria for the warrant process shall be as
detailed in the zoning ordinance. In order to restore a nonconforming use by warrant, the following
criteria shall be applicable in addition to the criteria set forth in Miami 21: be established and confirmed
by the planning department:
(1) The nonconforming use was originally legally established and operated at the time the use began;
(2) If in a structure, the nature and character of the nonconforming use is substantially the same as
that for which the structure was originally designed;
(3) No material difference in the quality, character, intensity, or degree of the nonconforming use will
exist; and
(4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to
City of Miami Page 2 of'4 File Id: 15-00761 (Version: 1) Printed On: 6/29/2015
File Number; 15.00761
Article 4, Table 12 of the Miami 21 Code.
{ (c)_Discontinuance or abandonment of a nonconforming use -eighteen j18) months or more and
Jess than five (5) years.
If a nonconforming use is documented as discontinued or abandoned or a certificate of use for a
nonconforming use lapses for a period of more than eighteen (18) 48 months and Tess than five (5)
years, any subsequent use shall fully conform to the current regulations of the zoning ordinance
unless an exception is granted by the City Commission. In order to restore a nonconforming use by
exception, the following criteria shall be applicable in addition to any criteria established in Miami 21:
(1) The nonconforming use was originally legally established and operated at the time the use began;
12) If in a structure, the nature and character of the nonconforming use is substantially the same as
that for which the structure was originally designed;
(3) No material difference in the quality, character, intensity, or degree of the nonconforming use will
exist; and
(4) The nonconforming use will not prove materially adverse to the surrounding properties pursuant to
Article 4, Table 12 of the Miami 21 Code.
Any time periods rcfl
caused by governmental aotien-which-impeded access to the property.
(d) This section shall only apply to nonconforming uses that were lawful at the time the use was
established but would not be permitted under Miami 21, and the amortization period has not expired
pursuant to Section, 7.2.6 of the Miami 21 Code,
(e) No certificate of use may be issued, extended, reinstated, or renewed for the following:
Si) Uses for which a certificate of use has been revoked or suspended by the Zoning
Administrator; or
(ii) Uses which were not legal at the time they were established; or
(iii) Any nonconforming Structure or any Structure containing a nonconforming Use that
becomes unsafe or unlawful by declaration of the City of Miami, Miami
Dade County Unsafe Structures Board, or other governmental agency having jurisdiction; or
(iv) Any nonconforming use that has been discontinued or abandoned or a certificate of use for a
nonconforming use that has lapsed for a period of more five (5) years
(f) Nothing in this section shall be construed to permit the extension of any use nor the issuance of a
certificate of use for any use for which the amortization period set forth in Miami 21 Section 7.2.6 has
expired.
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
City of Miami Page 3 of 4
File Ill; 1540761 (Version: 1) Printed On: 6/29/2015
File Number: 15-00761
APPOVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes;
{1} Words and/or figures stricken through shall be deleted, Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged, Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami
Page 4 of 4
File Id: 15-00761 (Version: 1) Printed On: 6/29/2015
EXHIBIT B
BUILDING PERMIT # 85-808, DATED JANUARY 2, 1985.
ANANALYSIS FOR SPECIAL EXCEPTION
2700 NW 364 Street.
CASE NO. 07-01025x
Pursuant to Article 4. Section 401 of Ordinance 11000, as amended, the Zoning Ordi-
nance of the City of .Miami, Florida, the subject proposal has been reviewed to allow
Conditional Principal Use for automotive paint and repair services.
The following findings have been made:
It is found that the proposed automotive paint and repair services use will be benefi-
cial to the area in creating new employment opportunities.
4 It is found that the proposed automotive paint and repair services will occupy the ex-
isting building. it is also found that it will be an appropriate adaptive re -use of the ex-
isting structure along NW 36th Street and NW 27th Avenue.
• It is found the proposed facade is adequate from the design point of view, however,
sign and paint color have not been provided to determine aesthetic impact.
• It is found that the proposed layout provides adequate parking and circulation for the
proposed use.
® It is found that the landscape plan it is not provided.
• It is found that upon compliance with the condition set forth below, this project will
not have any adverse impacts on the surrounding area.
• It is found that with respects to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
Based on these findings, the Planning Department is recommending approval of the
application with the following condition:
1. A complete landscape plan, with specifications, depicting irrigation and
illumination for the parking area must be submitted for review and approval by
the Planning Department prior to the issuance of any building permits.
2. Paint color samples and sign specifications shall be submitted for review an ap-
proval by the Planning Department prior to the issuance of any building permit.
SECTION 05.2 CriteriaMatrix
*Compliance is subi ct to conditions
Application Type: `Special t xeeption (File No. 07-01 t025x)
Project Name: Pai?t Booth for `itinifnit Aerospace.
Project Address: 2700 NW 301' Street
c. 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) to adhere to the following Design Review Criteria subject to the any applicable conditions in the
Development Order herein:
I Site and Urban Planninu:
Design Review Criteria Applicability Compliance
(1) Respond to the physical Y * Y�
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Y * N
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots * N
should be oriented to the corner
and public street fronts,
Design Review Criteria
(1) A project shall be designed
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood
context;
(3) Create a transition in bulk
and scale;
(4) Use architectural styles
and details (such as roof lines
and fenestration), colors and
materials derivative from
surrounding area;
(5) Articulate the building facade
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity,
II) Architecture and Landscape Architecture:
Applicability Compliance
Y *
Y—
y
*y
*
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SecRm: 1305.2 Lrilerfa Matrix_ dot
Page 1 of 4
SECTION :13 5 2 Criteria Matrix
*Compliance is subject to conditions
1II) Pedestrian Oriented Development:
Design Review Criteria Applicability
(l) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank Y
facades. Where blank walls
are unavoidable; they should
receive design treatment.
IV) Streetscape and Open Space:
Design Review Criteria
(I) Provide usable open space
that 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.
Compliance
Applicability Compliance
V) Vehicular Access and Parking:
Design Review Criteria Applicability
(I) Design for pedestrian and
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.
_NIA
N
Compliance
* y
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SNCIlOn 1305.2 Crzto-ria k/atr-xx.d (' ._
Page 2 of 4
SECTION 13 5 2 Criteria t i
Compliance is subject to condit=ons
VI) Screening:
Design Review Criteria Applicability Comphance
(1) Provide landscaping that Y * N
screen 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:
Design Review Criteria Applicability
(1) Design signage appropriate N/A
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design N/A
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to N/A
minimize glare to adjacent
properties;
(4) Provide visible signage _N/A
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
Compliance
*
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.Secrao 1305.2 OneriU _Matrix floc
Page 3of4
SECTION 1305a2 Criteria 1A a
:ompliance is subject to conditions
VI II) Preservation of Natural Features:
Design Review Criteria Applicability Corry fiance
(1) Preserve existing vegeiatio _N/A :
and/or geological features
whenever possible.
1X) Modification of Nonconformities:
Desitn Review Criteria Applicability
(1) For modifications of N/A
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform N/A
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
Compliance
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Se.ctiw? 1305..2 Crire rua ,{arrix. dot. -
Page 4 of 4