HomeMy WebLinkAboutAnalysis and MapsANALYSIS FOR
EXCEPTION
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NOTICE
This sudmrgal needs to be scheduled fora pueoc nearing
in accordance vet timelines set forth Ingle City of
Miami Code. The appiicstle decision -making body will
renewthe information at then In hearing to render
m recomendallon or a final decidon.
Staff Analysis Report
No.
ePlan File ID: PZ-18-384 J+� PZ-1E
9,c� 09/c
Location
116 NW 52 St. and 123 NW 51 St.
Folio Number
0131240130840 and 0131240130930
Miami 21 Transect
"T3-O" Sub -Urban -Open and "T3-L" Sub -Urban -Limited Transects Zone
MCNP Designation
"Duplex Residential" and "Single -Family Residential"
Commission District
District 5 [Commissioner Keon Hardemon]
NET District
Little Haiti Neighborhood Enhancement Team (NET) Area
Planner
Sergio Garrido, Planner II
Property Owner
Buena Vista Terminal, LLC
Project Representative
Iris Escarra, Esq. / escarrai@gtlaw.com
Brian Dombrowski / dombrowskib@gtlaw.com
A. REQUEST
-384
1/20
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.6 and Section 2-212 (c) of the Nonconforming Use Pilot
Program as codified in Chapter 2, Article IV, Division 2, Section 2-212 of the City Code, from now on Section
2-212, a Certificate of Use for nonconforming uses that have lapsed for a period of more than eighteen (18)
months and less than five (5) years may be re -issued pursuant to an Exception with City Commission approval,
subject to certain criteria.
Buena Vista Terminal, LLC (the "Applicant") represented by Iris Escarra, Esq. who also represents Capital
Development Group (the "Purchaser") is hereby requesting the City of Miami to re -issue a Certificate of Use
(CU) for a non -conforming Use for the properties located at 116 NW 52 Street and 123 NW 51 Street
(collectively, the "Property"), based on the last Certificates of Use issued by the City of Miami for Lego Wineries,
LLC. For for Manufacturing & Processing Use and a second CU for General Commercial.
B. RECOMMENDATION
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.6 of Ordinance 13114 ("Miami 21"), as amended, and
Section 2-212 of the City Code, as amended, the Planning Department recommends Approval with Conditions
of the of the Exception based on the facts analysis and findings in this staff report.
C. BACKGROUND
The Applicant submitted a letter of intent (LOI) dated July 29, 2016, with the request and paid the corresponding
Exception fee on September 22, 2017. An updated letter of intent better substantiating the request was
submitted in April 28, 2017, all the documentation is uploaded in ePlan under the file id PZ-18-384.
The Property consists of two contiguous interior parcels located in the city block bounded by NW 52 Street to
the north, by NW 1 Avenue to the east, by NW 51 Street to the south, and buy NW 2 Avenue to the west. 116
NW 52 Street is the "L" shaped property fronting NW 52 St. to the north and NW 51 St. to the south, and 123
NW 51 St. is the abutting parcel to the west fronting NW 52 St.
The Property contains an existing 21,420 sq. ft. industrial warehouse developed on the parcel at 116 NW 52
St. and ancillary surface parking lot developed on the parcel at 123 NW 51 St. which serves said structure.
The letter of intent states that the Property is currently under contract for sale to the Applicant, who furnished
proof that previous owners/tenants allowed the Certificate of Use (the "CU") to lapse at the Property.
Certificate of Use No.091588 for Industrial Manufacturing & Processing was legally issued on June 12, 2009
for a period of at least three years, allowed the Use to operate legally until October 10, 2012.
The last two Certificates of Use issued to Lego Wineries, LLC at the Property, were Certificate of Use No.
091588 for Industrial Manufacturing & Processing, and Certificate of Use ("CU") No. 092174 for General
Commercial Use issued on August 12, 2009. Even though the Industrial Manufacturing & Processing CU was
Page 1 of 8
the last issued, the CU for the General Commercial use, is more compatible with the re
where the site is located.
Illustration 1: The Property (Aerial) outlined in red
116 NVV 52 St.
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II.
This submhtal needs to a scheduled fora pubic nearing
in ccordance wan timelines set forth In S.C., of
Miami Code. The ...de.n1.n-mating body will
renew Ind informational the public bearing to render a
recommendation or a final tlecWon.
PZ-18-384
09/01 /20
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—
123 NW51 St.
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SURROUNDING USES
Miami 21
MCNP / Density
Existing
Use
North
"IT3-O" Sub -Urban -Open Transect
Zone
Duplex Residential (18 DU/acre)
East
"T3-O" Sub -Urban -Open and "T3-L"
Sub -Urban- Limited Transect Zones
Duplex Residential (18 DU/acre) /
Single Family Residential (9
DU/acre)
Residential
South
"T3-L" Sub -Urban- Limited Transect
Zone
Single Family Residential (9
DU/acre)
West
"T3-O" Sub -Urban -Open and "T3-L"
Sub -Urban- Limited Transect Zones
Duplex Residential (18 DU/acre) /
Single Family Residential (9
DU/acre)
The following illustration shows the existing zoning designation as well as the Future Land Use designation
for the Property.
Illustration 2: Future Land Use and Zoning designations
Future Land Use designation
Page 2 of 8
2
Restricted
Commercial
Low Dens. Multi -Family Residential
Duplex -fte,sidential
. d %i % .411
Maj. Pub_
Facilities
daft
Single Family
Residential
Low Dens.
Rest. Comm
NOTICE
This submmal needs to be scheduled fora public hexnng
In accordance wh r timelines set forth In the City of
Miami Code. The apphcatie tleasion-making body will
rewewme'information at the punnn hearing to render a
recommendation or a final dect on.
PZ-18-384
09/01/20
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Page 3 of 8
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Zoning designation
NOTICE
This submmal needs to be scheduled fora public hearing
In accordance whh timelines set forth In the City of
Miami Code. The apphcalle tleasion-making body will
rewewme informationat the pule hearing to render a
recommendendation or a final dect on.
PZ-18-384
09/01/20 �w
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The Property (outlined in red) contains two Transect Zones, "T3-O" Sub -Urban -Open on the north portion and "T3-L" Sub -Urban -
Limited on the south.
D. ANALYSIS
The Applicant request the City of Miami to re -issue a Certificate of Use ("CU") for a non -conforming Use for
the properties located at 116 NW 52 Street and 123 NW 51 Street collectively, the "Property", based on the
last CU issued by the City of Miami.
The Property is developed with a one-story, industrial warehouse built in 1939. The warehouse is 21,420 sq.
ft. and its size and design are an anomaly within the residential neighborhood where it is located.
The warehouse on the Property is currently unoccupied. Given its characteristics of design and magnitude,
it is challenging to find a tenant to occupy the structure with any of the allowed uses within the T3-L and T3-
0 Transect Zones.
The activation of the Property will protect the neighborhood from the potential risk that an empty structure
presents within a primarily residential area. At the same time, the right commercial operation could be beneficial
for the residents of the same neighborhood.
The Applicant submitted a Letter of Intent dated July 29, 2016 with the request and paid the corresponding
Exception fee on September 22, 2017. An updated letter of intent better substantiating the request was
submitted in April 28, 2017, all the documentation is uploaded in ePlan under the PZ-18-384 case for Exception.
Although the pilot programs expired, the Planning Department has honored this request for hearing as the
application materials were received prior the expiration date of the program.
The Applicant has not proposed a tenant or business to occupy the site. Instead the focus by the Applicant is
obtaining the CU to attract a business or possible business to the Property. Staff has focused on the activation
of the Property in harmony with the adjacent residential Uses.
Section 2-212 of the City Code contemplates the re -issuance of CUs, and does not provide directly address
more than one CU for a property.
The last two Certificates of Use issued at the Property, was a Certificate of Use No. 091588 for Industrial
Manufacturing & Processing, and a Certificate of Use No. 092174 for General Commercial Use issued on
August 12, 2009. While the Industrial Manufacturing & Processing Use was last, the General Commercial, is
more compatible with the residential character of the neighborhood where the Property is located.
Pursuant to the Nonconforming Use Pilot Program as codified in Section 2-212 of the City Code, Section
2-12 (c) entitled "Discontinuance or abandonment of a nonconforming use -Eighteen months or moregd less
than five years" states: "If a nonconforming use is discontinued or abandoned or a
nonconforming use lapses for a period of more than 18 months and less than five year
shall fully conform to the current regulations of the zoning ordinance unless an exceptio
approval is granted.
In order to restore a nonconforming use by Exception, the following criteria shall be applica
criteria set forth in Miami 21 under the Pilot Program. There are four criteria that staff must an
such as this: in addition to the criteria for an Exception found in Article 7, section 7.1.2.6
NOTICE
This subrnetat needs to be scheduled fora public nearing
In accordance with timelines set teeth in the City of
Moro Code. The applicable decision -oohing body will
rebewme Information at the public hearing to render a
recommendation or a final elect on.
Criterion The nonconforming use was originally legally established and operated at the time
1 the use began;
Analysis The General Commercial Use was legally established in 2009, as evidenced by the
1 City's issuance of a Certificate of Use (CU) for said Use. The General Commercial
Use legally issued by the city for a period of at least three years, permitting the
General Use to operate legally until October 10, 2012.
Finding The request complies with Criterion 1.
1
Criterion If in a structure, the nature and character of the nonconforming use is substantially
2 the same as that for which the structure was originally designed.
Analysis Although exact details of the previous operation are unknown, the facts are that
2 the Commercial operation was permitted to operate in a 21,420 sq. ft. industrial
warehouse structure with large rolling doors, located within a T3-O and T3-L
Transect Zone which mainly allows for Residential Uses.
Finding Since the Applicant agreed to operate the new use within the same industrial
2 warehouse with no exterior changes to the structure, the request is deemed to be
in compliance with Criterion 2.
Criterion No material difference in the quality, character, intensity, or degree of the
3 nonconforming use will exist or greater compliance with the Miami 21 Code is
provided;
Analysis Even though details of the previous operation under the prior use are unknown, the
3 Applicant has proposed a set of parameters for operational standards to minimize
the impact of operating a commercial use within a residential neighborhood.
Finding By following the Operational Plan proposed, as amended by the Planning
3 Department to become in a set of conditions for approval, the request is deemed
to be in compliance with Criterion 3.
Criterion The nonconforming Use will not prove materially adverse to the surrounding
4 properties pursuant to Article 4, Table 12 of the Miami 21 Code;
Analysis Since the Applicant has no proposed business nor tenant, there are no proposed
4 exterior modifications to be vetted pursuant to Article 4, Table 12.
Finding By following the Operational Plan proposed, as amended by the Planning
4 Department, the request is deemed to be in compliance with Criterion 4.
Criteria Miami 21 Code, Article 4, Table 12: Design Review Criteria
5: A request for an Exception requires review and analysis, according to Maim 21
Zoning Code, Article 7, Section 7.1.2.6.b.4, "as appropriate to the nature of the
Exception involved and the particular circumstances of the case, the following
criteria shall apply to an application for an Exception. The application shall be
reviewed for compliance with the regulations of this Code and a traffic study shall
be provided as required by the Planning Director. The review shall consider the
manner in which the proposed Use will operate given its specific location and
proximity to less intense Uses and shall apply Article 4, Table 12 Design Review
Criteria, as applicable."
PZ-18-384
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Analysis
5
Finding
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The Applicant's request to reactive the Certificate of Use did not consider or
modifications to the facade of the warehouse. However, any improvemen
site must be designed with the adjacent residential context and arch
character in mind.
Staff has reviewed the Applicant's operational plan, and amended it to b
address the adjacent residential neighborhood. There are conditions an
safeguards related to parking and loading, lighting, noise and fumes and exhaust.
The Exception to reactive the CU complies with the required criteria of City Code
2-212 and Article 4, Table 12 of the Miami 21 Code.
2
NOTICE
This sunmmal needs to be ecnedmee fora puduc nearing
in rcordxnce wnn timennes set forth in ma cry of
Miami Code. The apphcalle tleasion-making . 0 will
reNewme informationat the pu.nn hearing to render a
recommendendation or a final decks on.
PZ-18-384
�4
,
VIEW COV
09/01/20
E. CONCLUSION:
The Applicant is requesting the City of Miami to re -issue a Certificate of Use (CU) for a non -conforming Use
for the properties located at 116 NW 52 Street and 123 NW 51 Street collectively, the "Property", based on
the last CU issued by the City of Miami.
The last two Certificates of Use issued to Lego Wineries, LLC at the Property, were Certificate of Use
No.091588 for Industrial Manufacturing & Processing, and Certificate of Use No. 092174 for General
Commercial Use issued on August 12, 2009. While the Industrial Manufacturing & Processing Use was last,
the General Commercial, is more compatible with the residential character of the neighborhood where the
Property is located.
The proposed activation of the unoccupied industrial warehouse will protect the neighborhood from threats an
empty structure presents within a primarily residential area.
Based on the above analysis and findings, the Planning Department, pursuant Article 7, Section 7.1.2.6. and
of Miami 21 Zoning Code, and Section 2-212 of the City Code, recommends Approval with Conditions of
the Exception to obtain the re -issuance of one Certificate of Use (CU) for a General Commercial Use (to be
identified) located at 116 NW 52 Street and 123 NW 51 Street collectively, the "Property".
The following conditions incorporate the Operational Plan proposed by the Applicant and amended by the
Planning Department in the conditions of approval.
F. CONDITIONS:
The following conditions incorporate the Operational Plan proposed by the Applicant and amended by the
Planning Department in the conditions of approval. The modified loading hours are to protect neighbors from
potential noise impacts.
1. The Applicant, owner or successor shall comply with the requirements of all applicable departments and
agencies as part of the City of Miami building permit submittal process.
2. Operational Plan
2.1.Hours of Operation/Businesses
The proposed hours of operation for any Use on the site is are restricted to 8:00 AM to 9:00 PM daily. A
tenant may not open before 8 AM and may not close later than 9 PM.
2.2. Loading Location and Hours
Loading must occur at the 123 NW 51 Street property (the parking lot property) and shall be restricted to
not conflict with customer parking. When possible the roll up doors on the structure shall be utilized in
order to internalize deliveries. All Loading will occur onsite and not within the Right of Way.
Loading shall not occur between the hours of 11 PM 9 PM and 7 AM on weekdays. On weekends,
Loading shall occur between the hours of 9 AM and 6 PM on weekends. Loading will be restricted during
peak hours so as not to interfere with the surrounding neighborhood.
2.3. Parking
All parking for the use must occur on site at 123 NW 51 Street (parking lot property). The existing eleven
(11) parking spaces are sufficient for the proposed General Commercial uses.
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PUatle
2.4. Noise Regulations
Any Use operating in this site shall comply with the noise restrictions contained in
Code at all times. The tenant shall be prohibited from playing or operating of music
radios, musical instruments or any other musical devices on or about the premises
boxes, jukeboxes, radios, musical instruments and other devices are played or oper
building and the sound is not audible from outside the building.
2.5. Fumes/Exhaust and Lighting
1
NOTICE
This submittal needs m be sehedu led far a public nearing
In accordance wfimelines set for, In the City of
Miami Cole. The app p.'. decision -making body will
review Me Information at the public bearing fo render a
recommendation or a final decis on.
PZ-18-384
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09/01 /20
Any exhaust fans/louvers shall be located on the street frontage and shall not be oriented so as to
discharge any fumes of exhaust onto abutting properties.
All lighting shall be forward -throw fixtures and side -throw fixtures to control where the light lands on the
site and directed to prevent offsite glare, or spill onto neighboring properties.
2.6. Hiring Preference
The Applicant will make best efforts to encourage future tenants to hire from the immediate area
whenever possible, specifically from the 33127 Zip Code.
3. The Applicant, owner or successor shall comply with the requirements of all applicable departments and
agencies as part of the City of Miami building permit submittal process.
4. This approval is only for the elements discussed herein. Full compliance with all other requirements of
the Miami 21 Zoning Code, City Code, and all County, State and Federal agencies and regulations is
required
5. Any modification to the Property (including paving, parking, loading, and landscaping) shall bring the
Property more in compliance with Miami 21 Code.
6, The Applicant, owner, or successor shall comply with the requirements of all applicable departments
and agencies as part of the City of Miami building permit submittal process.
7. Any concerns or complaints related to lighting, loading hours, parking spillover or noise nuisance shall
be addressed and resolved immediately.
8. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulation.
9. Failure to comply with the conditions herein shall result in revocation of this Exception.
10. An Exception shall be valid for a period of two (2) years during which a building permit or Certificate of
Use must be obtained. This excludes a demolition or landscape permit. A one (1) time extension, for a
period not to exceed an additional year, may be obtained upon approval by the Planning Director.
11. A copy of this Exception including all Conditions, and/or any subsequent appeal of this Exception and
its resultant Conditions and/or letters of clarification shall be printed on the building plans submitted to
the Planning Department and the Building Department for purposes of having a permit issued at any
time during the term of this Exception.
The deadline in which to file an appeal has been tolled pursuant to City of Miami Ordinance 13902. The
deadline to file an appeal shall be tolled so long the City of Miami remains in a State of Local Emergency,
as declared by Mayor Francis X. Suarez, or until Ordinance 13902 is repealed. The filing of an appeal,
and payment of appropriate fee, may be submitted online by clicking here
https://www.miamigov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver.
PZ-18-384 (116 NW 52 St-Exception_Pilot Program_Analysis) — Page 1
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Jacqueline Ellis
Chief of Land Development
NOTICE
This submmal needs to be scheduled fora public hexnng
In accordance wto timelines set forth In the City of
Miami Code. The apphcatie tleasion-making body will
rewewme informationat the punnt hearing to render a
recommendendation or a final dect on.
PZ-18-384
09/01/20
44,
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Page 8 of 8
AERIAL
EPLAN ID: PZ-18-384
EXCEPTION
This submittal needs to be scheduled fora pobdc hearing
In accordance w10 timelines set forth in the City of
Miaml Code. The applicade decision-makIng bodywill
renew the Information al the public hearing to render a
recommendation or a final decision.
PZ-18-384
09/02/20
ADDRESS: 116 NW 52ND STREET
AND 123 NW 51 STREET
Subject Property
0 125
250
500 Feet
4
PU$o
MIAMI 21 (EXISTING)
EPLAN ID: PZ-18-384
EXCEPTION
=T5_O
CS
T
—NW•53RD ST— T4-R
T4-L
NW 2NDAVE
4-0
NOTICE
This submittal needs to be scheduled fora pobdc hearing
In accordance wM1h timelines set forth in the City of
Mlaml Code. The applica decision-makIng body will
renew the Information al the public hearing to render a
recommendation or a final decision.
PZ-18-384
09/02/20
IEWC°
NW.52ND ST— T3-0
NW•51ST ST
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F-
z
NW 50TH ST
T3
CI
-L
ADDRESSES: 116 NW 52ND STREET
AND 123 NW 51 STREET
Subject Property
0 125 250 500 Feet
PLANNING DEPARTMENT
Project Fact Sheet
This document is used to provide a summary for Planning Department related proj
PROJECT INFORMATION
Project Name: PZ-18-384
Project Address: 116 NW 52 St. and 123 NW 51 St.
APPLICANT INFORMATION
Company Name: Buena Vista Terminal, LLC
Primary Contact: Iris Escarra, Esq
Email: escarrai@gtlaw.com
Secondary Contact: Brian Dombrowski
Email: dombrowskib@gtlaw.com
Planning Department is recommending Approval
with Conditions
Lead Staff: Sergio Garrido
Principal Division: Land Development
Email: sgarrido@miamigov.com
ct
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applicade decision -making body ...AIL
renew the information at the public hearing to render a
recommendation or a final decision.
PZ-18-384
09/01/20
PROJECT DESCRIPTION
Pursuant to Miami 21 Code, Article 7, Section 7.1.2.6
and Section 2-212 (c) of the Nonconforming Use Pilot
Program of the City Code, Buena Vista Terminal, LLC
(the "Applicant") is hereby requesting the City of Miami
to re -issue a Certificate of Use (CU) for a
non -conforming Use for the properties located at 116
NW 52 Street and 123 NW 51 Street (collectively, the
"Property"), based on the last Certificate of Use issued
by the City of Miami.
Webs Link(s):
BOARD REQUIREMENTS
n HEPB
n PZAB
n UDRB
n WDRC
n City Commission
n AIPP
GRAPHIC(S)
Transect Zone(s): T3-L and T3-O
Commissioner District(s): D-5
NET Office(s): Little Haiti
Department Director: Francisco Garcia
Revision Date: 1/15/2020