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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: