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HomeMy WebLinkAboutPZAB (7904) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-21-011 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 7904 Final Action Date: 3/3/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, ("MIAMI 21 CODE"), AND SECTION 2-212 (C) OF THE NONCONFORMING USE PILOT PROGRAM, CHAPTER 2, ARTICLE IV, DIVISION 2, WITH CITY COMMISSION APPROVAL, 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"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 116 Northwest 52 Street and 123 Northwest 51 Street, Miami, Florida, as more particularly described in Exhibit "A," (collectively, "Property") is zoned "T3-O", Sub -Urban -Open, and "T3-L", Sub -Urban -Limited Transect; and WHEREAS, Buena Vista Terminal LLC, represented by Iris Escarra, Esq. who also represents BVT Miami, LLC (an affiliate of company of Capital Development Group, LLC) (collectively, "Applicant"), the purchaser, requested an Exception with City Commission approval 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"); and WHEREAS, BVT Miami, LLC has recently acquired ownership of the Property; and WHEREAS, the Applicant applied to the City for an Exception 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 Nonconforming Use Pilot Program as codified in Chapter 2, Article IV, Division 2, of the Code of the City of Miami, Florida, as amended, to allow, with City Commission approval, the re -issuance of a CU for a non- conforming Use for the Property, based on the last CU(s) issued by the City; and WHEREAS, the Applicant submitted a Letter of Intent dated July 29, 2016 with the request. An updated letter of intent better substantiating the request was submitted on April 28, 2017, and all of the documentation for the Exception is uploaded in ePlan under PZ-18-384; and WHEREAS, although the subject pilot program expired and the pilot program indicated that a CU shall not be renewed for any nonconforming Use if the CU has lapsed for a period of more than five (5) years, the Planning Department honored this request for hearing as the application materials were received prior the expiration date of the program; and City of Miami Page 1 of 5 File ID: 7904 (Revision:) Printed On: 3/17/2021 WHEREAS, the last CU issued for the Property for a non -conforming Use was issued for Industrial Manufacturing & Processing, pursuant to Certificate of Use 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 (.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 and T3-O 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 the Nonconforming Use Pilot Program as was codified in Chapter 2, Article IV, Division 2, 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; WHEREAS, the City's Planning Department recommended approval with conditions of the CU renewal for General Commercial Use, it did not recommend approval of the CU for Industrial Manufacturing & Processing; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") recommends approval of the CU renewal for both the General Commercial Use and the Manufacturing & Processing Use, both with conditions; and City of Miami Page 2 of 5 File ID: 7904 (Revision:) Printed On: 3/17/2021 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 Planning, Zoning and Appeals Board ("PZAB") 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 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. Section 2. The PZAB hereby recommends to the Miami City Commission approval of the Exception for the renewal of the General Commercial CU and Industrial Manufacturing & Processing CU, pursuant to Article 7, Section 7.1.2.6 and Chapter 2, Article IV, Division 2, Section 2-212 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 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 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 City of Miami Page 3 of 5 File ID: 7904 (Revision:) Printed On: 3/17/2021 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 this Property shall comply with the noise restrictions contained in Chapter 36 of the City Code, as may be amended, at all times. 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. Any noise generated on site shall conform to Chapter 36 of the City Code noise regulations, as may be amended. 7. Failure to comply with the conditions herein shall result in revocation of this Exception. 8. 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. 9. A copy of this Exception, including all Conditions and/or any subsequent appeal(s) 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. City of Miami Page 4 of 5 File ID: 7904 (Revision:) Printed On: 3/17/2021 10. 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. 11. 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 ResoJyition shall be effective immediately upon its adoption. sar Marcia-Pons, AICP, LEED AP irector Department of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Execution Date Personally appeared before me, the undersigned authorit (' L „ 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 1E3 DAY OF KJCVC, \ , 202[. bt [c_t C(_)tip ID Print Notary Name Personally know or Produced I.D. Type and number oI.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: 4 i►AY °ue. LIZAIDA CARPIO 4 Notary Public - State of rlorida Commissior : GG 320117 'Of FV, o? My Comm. Expires Apr 4, 2023 City of Miami Page 5 of 5 File ID: 7904 (Revision:) Printed On: 3/17/2021