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HomeMy WebLinkAboutLegislation (v2)File Number: 15-00405wta City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION REGARDING WARRANT APPLICATION NO. 2014-0059, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MARCH 13, 2015 TO ALLOW A PUBLIC STORAGE FACILITY ON THE PROPERTY LOCATED AT APPROXIMATELY 5609 NORTHEAST 2 AVENUE, MIAMI, FLORIDA. WHEREAS, Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Properties ("Applicant"), filed an application for a Warrant ("Application") to allow a self -storage facility on the property located at approximately 5609 Northeast 2 Avenue, Miami, Florida; and WHEREAS, on March 13, 2015, the Director of the Department of Planning and Zoning approved, with conditions, Warrant Permit No. 2015-0059; and WHEREAS, Ms. Sandra Simioni and Mr. Joseph Pierre, abutting property owners ("Appellants"), filed appeals pursuant to Section 7.1.1.5 of the Miami 21 Code, the Zoning Ordinance of the City of Miami ("Miami 21 Code"), of Warrant Permit No. 2014-0059; and WHEREAS, on June 3, 2015, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, denied Warrant Permit No. 2014-0059 and granted the appeal by adopting Resolution PZAB R-15-034, by a vote of seven to four (7-4); and WHEREAS, on June 16, 2015, the Applicant filed an appeal, pursuant to Section 7.1.1.4.b(10) of the Miami 21 Code, of the PZAB's decision to deny Warrant Permit No. 2014-0059; and WHEREAS, based on the testimony and evidence presented, and 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 support denial of the Application; and WHEREAS, the City Commission has considered the manner in which the proposed use will operate given its specific location and proximity to the adjacent uses; and WHEREAS, the City Commission has considered the requirements of the Miami 21 Code and Article 4, Table 12, Design Review Criteria; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated grounds for this appeal and the facts presented in support thereof justify affirming the decision of the PZAB; and WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds that the Warrant to allow a public storage facility is not compatible with the adjacent uses and does not comply with the criteria for a Warrant as set forth in Miami 21 Code Section 7.1.2.6 and Article 4, Table City of Miami Page I of 2 File Id. 15-00405wta (version: 2) Printed On: 9/4/2015 City ®f Miami � Fp Legislation Resolution File Number: 15-00405wta City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE PLANNING, ZONING AND APPEALS BOARD'S DECISION REGARDING WARRANT APPLICATION NO. 2014-0059, ISSUED BY THE PLANNING AND ZONING DIRECTOR ON MARCH 13, 2015 TO ALLOW A PUBLIC STORAGE FACILITY ON THE PROPERTY LOCATED AT APPROXIMATELY 5609 NORTHEAST 2 AVENUE, MIAMI, FLORIDA. WHEREAS, Ines Marrero-Priegues, Esquire, on behalf of Banner Storage Properties ("Applicant"), filed an application for a Warrant ("Application") to allow a self -storage facility on the property located at approximately 5609 Northeast 2 Avenue, Miami, Florida; and WHEREAS, on March 13, 2015, the Director of the Department of Planning and Zoning approved, with conditions, Warrant Permit No. 2015-0059; and WHEREAS, Ms. Sandra Simioni and Mr. Joseph Pierre, abutting property owners ("Appellants"), filed appeals pursuant to Section 7.1.1.5 of the Miami 21 Code, the Zoning Ordinance of the City of Miami ("Miami 21 Code"), of Warrant Permit No. 2014-0059; and WHEREAS, on June 3, 2015, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, denied Warrant Permit No. 2014-0059 and granted the appeal by adopting Resolution PZAB R-15-034, by a vote of seven to four (7-4); and WHEREAS, on June 16, 2015, the Applicant filed an appeal, pursuant to Section 7.1.1.4.b(10) of the Miami 21 Code, of the PZAB's decision to deny Warrant Permit No. 2014-0059; and WHEREAS, based on the testimony and evidence presented, and 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 support denial of the Application; and WHEREAS, the City Commission has considered the manner in which the proposed use will operate given its specific location and proximity to the adjacent uses; and WHEREAS, the City Commission has considered the requirements of the Miami 21 Code and Article 4, Table 12, Design Review Criteria; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated grounds for this appeal and the facts presented in support thereof justify affirming the decision of the PZAB; and WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds that the Warrant to allow a public storage facility is not compatible with the adjacent uses and does not comply with the criteria for a Warrant as set forth in Miami 21 Code Section 7.1.2.6 and Article 4, Table City of Miami Page I of 2 File Id. 15-00405wta (version: 2) Printed On: 9/4/2015 File Number.' 15-00405wta 12, Design Review Criteria; NOW, THEREFORE, BE IT RESOLVED BY THE 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 fully set forth in this Section. Section 2. The City Commission affirms the decision of the PZAB as set forth in Resolution PZAB-R-15-034,denies the appeal giving rise to this hearing, and therefore, the Application is DENIED. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDE CITY ATTORNEY . A Footnotes: {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. City of Miami Page 2 of 2 File Id. 15-00405wta (Version: 2) Printed On: 9/4/2015