HomeMy WebLinkAboutPZAB (5619) Resolutionce,
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City of Miami
PZAB Resolution
Enactment Number: PZAB-R-19-013
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 5619 Final Action Date: 4/17/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD
DENYING THE APPEAL FILED BY 79TH STREET HOLDINGS LLC OF WARRANT
NO. 2018-0067 ISSUED PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 7,
SECTION 7.1.2.4; ARTICLE 7, SECTION 7.1.3.4; AND ASSOCIATED WAIVERS
PURSUANT TO ARTICLE 5, SECTION 5.5.4; ARTICLE 6, TABLE 13; AND ARTICLE
7.1.2.5 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, AS AMENDED, TO ALLOW FOR THE OPERATION AND CONSTRUCTION
OF AN AUTOMATED CARWASH FACILITY ON A PARCEL ZONED "T5-O", URBAN
CENTER TRANSECT ZONE - OPEN, LOCATED AT 1001 NORTHEAST 79 STREET,
MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on February 19, 2019, the City of Miami ("City") Planning Department
approved Warrant No. 2018-0067 and associated Waivers pursuant to Article 4, Table 3; Article
7, Section 7.1.2.4; Article 7, Section 7.1.3.4; 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 ("Miami 21
Code"), to allow for the operation and construction of an automated carwash facility for the
property located at 1001 Northeast 79 Street; and
WHEREAS, the Planning Department's approval of the Warrant No. 2018-0067 and
associated Waivers was conditioned with the following as listed below:
1. The proposed automated carwash shall be developed substantially in
accordance with the plans entitled "Moyka Car Wash No. 2" prepared by Fanjul
and Associates, LLC consisting of eight pages dated stamped 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 applicable requirements of Chapter 24 of the
Miami -Dade County Code as amended.
5. The Applicant shall obtain all necessary approval 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 pursuant to "Exhibit C" of Warrant
Application.
City of Miami Page 1 of 3 File ID: 5619 (Revision: B) Printed On: 5/15/2019
7. Noncompliance with any conditions or building code regulations may result in this
Warrant being rescinded, null and void.
8. Failure to comply with the conditions herein shall result in a citation with a daily
running fine per condition violated or the revocation of this Warrant permit.; and
WHEREAS, on March 6, 2019, David J. Coviello, on behalf of 79`h Street Holdings LLC
("Appellant"), filed an appeal with the Office of Hearing Boards of the approval of Warrant No.
2018-0067 and associated Waivers; and
WHEREAS, the Appellant claims that the Warrant request was not reviewed in
accordance with Section 7.1.2.4 of the Miami 21 Code, which states that, as appropriate to the
nature of the Warrant involved and the particular circumstances of the case, a Warrant shall be
reviewed to determine compliance with Miami 21, including the intent of the Transect, the
guiding principles of the Miami 21 Code, and the manner in which the proposed use will
operated given its specific location and proximity to less intense uses; and
WHEREAS, the Appellant further claims that the Waiver requests were not reviewed in
accordance with Section 7.1.2.5 of the Miami 21 Code, which states that Waivers permit minor
deviations from the Miami 21 Code as consistent with the guiding principles of the Miami 21
Code and that Waivers are intended to relieve practical difficulties in complying the strict
requirements of the Miami 21 Code and are not automatically granted upon request; and
WHEREAS, the Appellant claims that the proposed automated carwash failed to address
vehicular queuing, maneuverability, and circulation on site, and mitigate any adverse impacts on
adjacent roadways as a traffic report was not provided to demonstrate otherwise; and
WHEREAS, the Appellant, in support of the appeal, submitted a traffic report ("Traffic
Report") as prepared by Joaquin Vargas of Traft Tech Engineering, Inc. indicating issues with
respect to vehicle queueing and maneuverability within the Project; and
WHEREAS, the City's Planning Department, upon meeting with the Appellant to hear
said concerns, contacted the City's Office of Capital Improvements, Transportation Division, to
review the plans and provide feedback; and
WHEREAS, the Office of Capital Improvements, Transportation Division, provided
recommendations which were incorporated in the conditions of the approval of the Warrant; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, the
Planning, Zoning, and Appeals Board ("PZAB") finds that there is competent substantial
evidence in the record to deny the appeal of Warrant No. 2018-0067 and associated Waivers.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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.
City of Miami Page 2 of 3 File ID: 5619 (Revision: B) Printed On: 5/15/2019
Section 2. The Planning, Zoning, and Appeals Board ("PZAB") hereby denies the appeal
of Warrant No. 2018-0067 and associated Waivers and upholds the decision of the City's
Planning Department to approve the Warrant and associated Waivers.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION
WITHIN FIFTEEN (15) DAYS.
Francisco Garci rector
Department of fanning
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Execution D/17-VaN
ate
Personally appeared before me, the undersigned authority f' O t( Clerk of the Planning. Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF MC". , 201
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Print Notary Name
Personally know V or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
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My Commission Expires:
1,'1°4 SILVIA GONZALEZ
C,.. MY COMMISSION # GG 051561
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;,r���, •o EXPIRES: November 30, 2020
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City of Miami Page 3 of 3 File ID: 5619 (Revision: B) Printed On: 5/15/2019