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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 5902 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY 79TH STREET HOLDINGS LLC ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD UPHOLDING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. 2018-0067 ISSUED PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 7, SECTION 7.1.2.4, AND ARTICLE 7, SECTION 7.1.3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.5.4, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN AUTOMATED CAR WASH FACILITY ON A PARCEL ZONED "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, LOCATED AT 1001 NORTHEAST 79 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION(S): 1001 NE 79 St [Commissioner Keon Hardemon — District 5] APPLICANT(S): Yogev Karny APPELLANT(S): Daniel Benavides, Esq. on behalf of 79th Street Holdings, LLC PURPOSE: The appeal seeks to have the PZAB decision reversed. FINDING(S): PLANNING DEPARTMENT: Issued the Warrant, with associated Waivers; therefore, recommended denial of the appeal. PLANNING, ZONING AND APPEALS BOARD: Denied the appeal on April 17, 2019, by a vote of 7-2. City of Miami Legislation Resolution Enactment Number: R-19-0432 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5902 Final Action Date:10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY 79TH STREET HOLDINGS LLC ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD UPHOLDING THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. 2018-0067 ISSUED PURSUANT TO ARTICLE 4, TABLE 3, ARTICLE 7, SECTION 7.1.2.4, AND ARTICLE 7, SECTION 7.1.3.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND ASSOCIATED WAIVERS PURSUANT TO ARTICLE 5, SECTION 5.5.4, ARTICLE 6, TABLE 13, AND ARTICLE 7, SECTION 7.1.2.5 OF THE MIAMI 21 CODE TO ALLOW FOR THE OPERATION AND CONSTRUCTION OF AN AUTOMATED CAR WASH FACILITY ON A PARCEL ZONED "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, LOCATED AT 1001 NORTHEAST 79 STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Yogev Karny ("Applicant") applied for a Warrant pursuant to Article 4, Table 3; Article 7, Section 7.1.2.4; and Article 7, Section 7.1.3.4 and associated Waivers pursuant to Article 5, Section 5.5.4(g); Article 6, Table 13; and Article 7, Section 7.1.2.5 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), to allow for the operation and construction of an automated car wash facility ("Project") for the property located at approximately 1001 Northeast 79 Street, Miami, Florida ("Property"); and WHEREAS, on February 19, 2019, the Planning Department approved Warrant No. 2018-0067 with the associated Waivers to allow for the Project on the Property pursuant to the applicable review criteria of the Miami 21 Code; and WHEREAS, the Planning Department's approval of Warrant No. 2018-0067, including the associated Waivers, had the following conditions: 1. The proposed automated car wash shall be developed substantially in accordance with the plans titled "Moyka Car Wash No. 2" prepared by Fanjul and Associates, LLC, consisting of eight (8) pages date stamped and approved by the Planning Department on February 19, 2019. 2. Any proposed signage shall be reviewed under a separate permit application. 3. The Applicant shall comply with all applicable requirements as part of the building permitting process. 4. The Applicant shall comply with the applicable requirements of Chapter 24 of the Miami -Dade County Code, as amended. 5. The Applicant shall obtain all necessary approvals from the Florida Department of Transportation as part of the building permitting process. 6. The Applicant shall comply with the conditions from the Office of Capital Improvements, Transportation Division ("CIP"), pursuant to Exhibit "C" of the Warrant Application. 7 Noncompliance with any conditions or building code regulations may result in this Warrant and associated Waivers being rescinded and becoming null and void. 8. Failure to comply with the conditions herein shall result in a citation with a daily running fine; and WHEREAS, on March 6, 2019, 79th Street Holdings LLC ("Appellant") filed an appeal to the Planning, Zoning, and Appeals Board ("PZAB") of the approval of Warrant No. 2018-0067 and the associated Waivers with the Office of Hearing Boards; and WHEREAS, the Appellant's appeal to the PZAB claimed that the Warrant and associated Waivers were not reviewed in accordance with the requirements and guiding principles of the Miami 21 Code, including the intent of the Transect Zone; and WHEREAS, the Appellant further claimed that the Applicant failed to demonstrate what the practical difficulties are in complying with the strict requirements of the Miami 21 Code; and WHEREAS, the Appellant's appeal to PZAB further claimed that the Project failed to address vehicular queuing, maneuverability, and circulation on site and failed to mitigate any adverse impacts on adjacent roadways as a traffic report was not provided to demonstrate otherwise; and WHEREAS, the Appellant submitted a traffic report ("Traffic Report") prepared by Joaquin Vargas of Traft Tech Engineering, Inc. to PZAB demonstrating significant issues with respect to vehicle queueing and maneuverability within the Project; and WHEREAS, the Planning Department, upon meeting with the Appellant to hear said concerns, contacted CIP to review the Traffic Report and provide feedback; and WHEREAS, CIP provided recommendations which were incorporated as conditions of the Warrant approval and the associated Waivers; and WHEREAS, on April 17, 2019, the PZAB, based on the testimony and evidence presented and after due notice and an opportunity to be heard was afforded to all parties and members of the public, found that there was competent substantial evidence in the record to deny the appeal and adopted Resolution No. PZAB-R-19-013 by a vote of seven to two (7-2); and WHEREAS, on May 1, 2019, the Appellant appealed PZAB's denial of the appeal to the City Commission and claims, in sum, that the issuance of the Warrant and associated Waivers was based on erroneous assumptions regarding the number of peak trips and that the City failed to request a traffic study from the Applicant; and WHEREAS, based on the testimony and evidence on the record, after due notice 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 affirm the decision of the PZAB, which upheld the Planning Department's approval of Warrant No. 2018-0067 and associated Waivers; and WHEREAS, for the reasons included in the record, the City Commission denies the appeal, affirms the adoption of Resolution No. PZAB-R-19-013, and affirms the issuance of the Warrant with associated Waivers; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 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 appeal of Warrant No. 2018-0067 and associated Waivers is denied. Section 3. The conditions as recommended by the Planning Department and stated herein are adopted as conditions of the Warrant. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 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.