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
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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
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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
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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.
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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[.
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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
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