HomeMy WebLinkAboutR-19-0432City of Miami
Resolution R-19-0432
Legislation
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.
The Applicant shall comply with all applicable requirements as part of the building
permitting process.
The Applicant shall comply with the applicable requirements of Chapter 24 of the
Miami -Dade County Code, as amended.
City of Miami Page 1 of 3 File ID: 5902 (Revision: A) Printed On: 4/25/2025
File ID: 5902 Enactment Number: R-19-0432
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
City of Miami Page 2 of 3 File ID: 5902 (Revision: A) Printed on: 4/25/2025
File ID: 5902 Enactment Number: R-19-0432
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:
ndez, City Attor ey ) 11/26/2019
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 3 of 3 File ID: 5902 (Revision: A) Printed on: 4/25/2025