HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 8849
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AN EXCEPTION, WITH CONDITIONS,
PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, AND SECTION 2-212(C) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED "NONCONFORMING USE
PILOT PROGRAM," TO ALLOW THE RE -ISSUANCE OF 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 FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 116 NORTHWEST 52 STREET AND 123
NORTHWEST 51 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 116 NW 52 St and 123 NW 51 St [Commissioner Christine
King - District 5]
APPLICANT(S): Iris Escarra, Esquire, on behalf of Capital Development Group LLC and
Buena Vista Terminal, LLC
PURPOSE: To re -issue a Certificate of Use for a Nonconforming Use for the properties
located at approximately 116 NW 52 St and 123 NW 51 St.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with
conditions, on March 3, 2021, by a vote of 8-1.
City of Miami
Legislation
Resolution
Enactment Number: R-22-0055
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8849 Final Action Date:2/10/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION, WITH CONDITIONS, PURSUANT TO ARTICLE 7,
SECTION 7.1.2.6 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AND SECTION 2-212(C) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NONCONFORMING
USE PILOT PROGRAM," TO ALLOW THE RE -ISSUANCE OF 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 FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 116 NORTHWEST 52 STREET AND
123 NORTHWEST 51 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
3, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-011 by a
vote of eight to one (8-1), Item No. 2, recommending approval, with conditions, of the Exception;
and
WHEREAS, the properties located at approximately 116 Northwest 52 Street and 123
Northwest 51 Street, Miami, Florida, as more particularly described in Exhibit "A," attached and
incorporated (collectively, "Property"), are located in "T3-O," Sub -Urban -Open, and "T3-L," Sub -
Urban -Limited Transect Zones; and
WHEREAS, Buena Vista Terminal LLC has sold the Property to BVT Miami, LLC (an
affiliate of company of Capital Development Group, LLC) (collectively, "Applicant"); and
WHEREAS, the Applicant has requested an Exception to re -issue a Certificate of Use
("CU") for a non -conforming Use for the Property based on the last CU issued by the City of
Miami ("City") pursuant to Article 7, Section 7.1.2.6 of Ordinance No. 13114, the Zoning Code of
the City of Miami, Florida, as amended ("Miami 21 Code"), and Section 2-212(c) of the Code of
the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, a Letter of Intent dated July 29, 2016, an updated Letter of Intent dated April
28, 2017, and other documentation for the Exception are uploaded in ePlan under PZ-18-384;
and
WHEREAS, although the pilot program established in Section 2-212(c) of the City Code
expired, the request for hearing and corresponding application were received prior to the
expiration date of the program; and
WHEREAS, the last CU issued for the Property for a non -conforming Use was issued for
Industrial Manufacturing & Processing pursuant to CU No. 091588 on June 12, 2009; and
WHEREAS, in addition, the General Commercial Use was legally established in 2009 as
evidenced by the City's issuance of a CU for said Use; and
WHEREAS, the General Commercial Use CU was issued by the City permitting the
General Use to operate legally until October 10, 2012; and
WHEREAS, the Property contains an existing 21,420 square foot industrial warehouse
developed on the parcel at 116 Northwest 52 Street and ancillary surface parking lot developed
on the parcel at 123 Northwest 51 Street; and
WHEREAS, the Property is approximately 28,800 square feet in size (0.66 gross acres)
and is located in the Little Haiti Neighborhood Enhancement Team ("NET") Area; and
WHEREAS, the Property is developed with an industrial warehouse built in 1939 whose
size and design are not in harmony with the residential neighborhood where it is located; and
WHEREAS, the Property is currently unoccupied and given its characteristics of design
and magnitude, it is very challenging to develop with any of the allowed uses for "T3-L," Sub -
Urban -Limited, and "T3-O," Sub -Urban -Open Transect Zones; and
WHEREAS, the City's Planning Department finds that the proposed activation of the
Property will protect the neighborhood from the potential risk that an empty structure presents
within a primarily residential area; and
WHEREAS, the City's Planning Department, through its analysis, found the request to
renew the General Commercial CU to be consistent with the four (4) criteria set forth in Section
2-212(c) of the City Code; and
WHEREAS, specifically, the criteria under the pilot program are 1) whether 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) whether 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; and 4) whether the nonconforming Use will not prove
materially adverse to the surrounding properties pursuant to Article 4, Table 12 of the Miami 21
Code; and
WHEREAS, the City's Planning Department recommends approval with conditions of the
CU renewal for General Commercial Use and does not recommend approval of the CU for
Industrial Manufacturing & Processing; and
WHEREAS, the Applicant agrees to operate the new Use within the same industrial
warehouse with no exterior changes to the structure; and
WHEREAS, the Applicant provided an Operational Plan proposing a set of parameters
for the operation to follow in order to minimize the impact of the Uses within a residential
neighborhood; and
WHEREAS, the City Commission finds that the applicable requirements of the Miami 21
Code, City Code, and all other applicable regulations have been met with the conditions as
stated in Section 2 herein; 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, there is
competent substantial evidence in the record to approve, with conditions, the requested
Exception;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 City Commission approves the Exception for the renewal of the General
Commercial CU and Industrial Manufacturing & Processing CU pursuant to Article 7, Section
7.1.2.6 of the Miami 21 Code and Section 2-212(c) of the City Code subject to the following
conditions:
1. The Applicant, owner, and successor shall comply with the requirements of all applicable
departments and agencies as part of the City's building permit submittal process.
2. Operational Plan
2.1. Hours of Operation/Businesses
The proposed hours of operation for any Use on the Property are restricted to 8:00 AM
to 8:00 PM daily. A tenant may not open before 8:00 AM and may not close later than
8:00 PM.
2.2. Loading Location and Hours
Loading must occur at the 123 Northwest 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.
On weekdays, loading shall not occur between the hours of 8:00 PM and 7:00 AM. On
weekends, loading shall occur between the hours of 9:00 AM and 6:00 PM. 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 onsite at 123 Northwest 51 Street (parking lot
property). The existing eleven (11) parking spaces are sufficient for the proposed
General Commercial Use.
2.4. Noise Regulations
Any Use operating on the Property shall comply with the noise restrictions contained in
Chapter 36 of the City Code, as may be amended from time to time. The tenant shall be
prohibited from playing or operating music boxes, jukeboxes, radios, musical
instruments, or any other musical devices on or about the premises unless such music
boxes, jukeboxes, radios, musical instruments, and other devices are played or operated
in a closed building and the sound is not audible from outside the building.
2.5. Fumes/Exhaust and Lighting
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 Property 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. This approval is only for the elements discussed herein. Full compliance with all other
requirements of the Miami 21 Code, City Code, and all County, State, and Federal agencies
and regulations is required
4. Any modification to the Property (including paving, parking, loading, and landscaping) shall
bring the Property more into compliance with the Miami 21 Code.
5. Any concerns or complaints related to lighting, loading hours, parking spillover, or noise
nuisance shall be addressed and resolved immediately.
6. Failure to comply with the conditions herein shall result in revocation of this Exception.
7. The 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.
8. A copy of this Exception, including all Conditions and/or any subsequent appeals of this
Exception and the 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 issue during the term of this Exception.
9. The parking lot area must be screened from the street with appropriate fencing and/or
landscaping. Screening improvements shall be made and reviewed upon submittal of the
building permit.
10. The City reserves the right to inspect the Property site to ensure compliance with the
conditions as listed.
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 be effective immediately upon its adoption and
signature of the Mayor.'
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.
APPROVED AS TO FORM AND CORRECTNESS: