JEKEMI PROPERTIES, LLCPH APPLICATION Z2019-007

Community Zoning Appeals Board for Area 11

September 21, 2020

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Aerial

Lexus

Toyota

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pto

n In

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Subject

Property

Green

Turtle

Twin

Lakes

Lexus of West Kendall

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Toyota of West Kendall

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Hampton Inn Hotel

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CDMP Map – Industrial

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Subject

Property

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Zoning

Map

Tamiami Kendall Airport

Subject

Property

Twin Lakes

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Green Turtle

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Ocean Mazda, Doral, FL

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Ocean Mazda, Doral, FL

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Ocean Mazda, Doral, FL

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Ocean Mazda Elevation

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Subaru Elevation

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Site

Plan

Mazda Sales

Mazda Service

Subaru Service

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Access to Site

Inventory

Parking

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Landscape

Plan

15 Foot Minimum

Landscape Buffer

Comparison

Cosmopolitan Plan

• 165,000 SF building area

• 333 Vehicular PM Peak

Hour Trips

• 703 Required Parking

Spaces

• Only 10-foot wide

landscape buffer

Ocean Mazda Plan

• 77,636 SF building area

• 162 Vehicular PM Peak

Hour Trips

• 386 Required Parking

Spaces

• Minimum15-foot wide

landscape buffer

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Elevations

Test Drive Route

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Operating Days and Hours

• Monday – Friday• Sales 9:00 AM – 9:00 PM

• Service 7:30 AM – 6:00 PM

• Saturday• Sales 9:00 AM – 9:00 PM

• Service 7:30 AM – 3:00 PM

• Sunday• Sales 11:00 AM – 6:00 PM

• Service CLOSED

Number of jobs/employees anticipated once bothdealerships are operational - 150 Employees total forboth dealerships

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Light Pole

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Light Pole

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Photometric Plan

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Hampton Inn Site Plan

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Hampton Inn Elevations – East & North

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Miami-Dade County Department of Regulatory and Economic Resources Staff Report to Community Council No. 11

PH: Z19-007 September 21, 2020

Item No. A

Recommendation Summary Commission District 11 Applicant Jekami Properties, LLC. Summary of Requests

The applicant seeks to modify previously approved resolution and declaration of restrictions in order to submit plans showing an automobile dealership on the subject property. Additionally, the applicant seeks approval to waive the 5’ high decorative masonry wall required to enclose the vehicle storage area.

Location Lying on the northwest corner of SW 143 Street and SW 137 Avenue, Miami-Dade County, Florida.

Property Size 13.74 acres Existing Zoning BU-1A, Limited Business District

IU-1, light Industrial District Existing Land Use Car dealership 2020-2030 CDMP Land Use Designation

Industrial and Office (see attached Zoning Recommendation Addendum)

Comprehensive Plan Consistency

Consistent with interpretative text, goals, objectives and policies of the CDMP

Applicable Zoning Code Section(s)

Section 33-311(A)(7) Generalized Modification Standards, Section 33-311(A)(3), Special Exceptions, Unusual Uses and New Uses, Section 33-311(A)(4)(b) Non-Use Variances from other than airport regulations (see attached Zoning Recommendation Addendum)

Recommendation Approval with conditions of requests #1, #2, #4, #5 and #6, and withdrawal of request #3 without prejudice.

The March 24, 2020 meeting of Community Zoning Appeals Board (CZAB) #11 was cancelled and all items were deferred to the September 21, 2020 meeting. REQUESTS: (1) MODIFICATION of Condition #2 of Resolution No. CZAB11-33-04, passed and adopted by

the Community Zoning Appeals Board #11, and reading as follows:

From: “2. That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Cosmopolitan Village" as prepared by James Deen, AIA, Architect, Planner and Associates, consisting of 15 sheets dated revised May 19, 2004.”

To: “2. That in the approval of the plan, the same be substantially in accordance with

that submitted for the hearing entitled “Proposed Project for Ocean Mazda”, as prepared by Construction Managers General Contractors Design/Build and Consulting Engineering & Science, consisting of 4 sheets dated stamped received 11/6/19, floor plans and elevations as prepared by Custom Facilities, consisting of 2 sheets dated stamped received 9/16/19, and landscape plans

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entitled “Ocean Mazda”, as prepared by Garden & Semler, consisting of 20 sheets dated stamped received 11/6/19, for a total of 26 sheets.”

(2) MODIFICATION of Paragraph #1 of Declaration of Restrictions, recorded in Official Record

Book 22805, Pages 4786 - 4795, reading as follows:

From: “(1) That said Property shall be developed substantially in accordance with the plans previously submitted, prepared by James Deen, AIA, Architect Planner and Associates, entitled "Cosmopolitan Village", dated stamped received May 19, 2004, consisting of fifteen (15) sheets (collectively, the “Plan”), as may be modified at the public hearing on the application, said Plan being on file with the Miami-Dade County Department of Planning and Zoning, and by reference made a part of this agreement.”

To: “(1) That said Property shall be developed substantially in accordance with the plans

previously submitted, entitled “Proposed Project for Ocean Mazda”, as prepared by Construction Managers General Contractors Design/Build and Consulting Engineering & Science, consisting of 4 sheets dated stamped received 11/6/19, floor plans and elevations as prepared by Custom Facilities, consisting of 2 sheets dated stamped received 9/16/19, and landscape plans entitled “Ocean Mazda”, as prepared by Garden & Semler, consisting of 20 sheets dated stamped received 11/6/19, for a total of 26 sheets.”

(3) DELETION of Paragraph #2 of Declaration of Restrictions, recorded in Official Record Book

22805, Pages 4786 - 4795, and reading as follows:

“2. Use Restrictions.

A. BU-1A Parcel: Notwithstanding the approval of the Application, and subject to all applicable Code requirements, the Owner agrees to limit the use of the BU-1A Parcel to those uses listed below, which are intended to serve the firms and workers in the surrounding industrial and office areas:

• Apparel stores

• Art good stores, artist studios and photograph shops and galleries

• Automobile new parts and equipment, sales only

• Automobile self service gas stations

• Automobile storage within a building

• Automobiles tires, batteries, and accessories (new) retail only, installation permitted

• Automobile washing

• Bakeries, retail only

• Banks, including drive-thru teller service

• Barber shops

• Beauty parlors

• Cellular phones and accessories sales

• Computer and accessories sales

• Confectionery, ice-cream and dairy stores

• Day nursery, kindergarten and after school care

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• Dry cleaning establishments to a maximum of 4,000 square feet; drop off/pick up only

• Electrical appliance and fixture stores including related repair shops

• Employment agencies

• Florist shops

• Furniture stores to a maximum of 4000 square feet

• Gift stores

• Hardware stores

• Health and exercise clubs

• Hotel and motel use

• Interior design shops

• Jewelry store

• Lawn supplies, retail sales and service

• Mail order offices, without storage of products sold

• Newsstands

• Offices

• Office supplies and equipment sales

• Optical stores

• Post office stations and branches operated by postal service employees or agents that directly serve the public

• Printing shops.

• Restaurants

• Schools

• Shoe stores repair shops

• Supermarkets

• Tailor shops

• Telephone store and call center which provides customer service and not open to the public

• Uses that are similar in nature to the foregoing and having impacts similar to the foregoing, as determined by the Director of the Department of Planning and Zoning.

B. IU-1 Parcel: Notwithstanding the approval of the Application, the Owner agrees that adult entertainment uses, as defined in Section 33-259.1 of the Code of Miami-Dade County, shall not be permitted on the IU-1 Parcel. Any uses similar to the foregoing or uses having impacts similar to the foregoing, as determined by the Director of the Department of Planning and Zoning, that may be allowed in the IU-1 zoning district in the future shall also be prohibited.

(4) MODIFICATION of paragraphs of a Declaration of Restrictions, as recorded in Official Record

Book 22805, Pages 4786 - 4795, to allow the Covenant to be modified administratively as permitted by County Code, to provide how the Covenant is addressed in cases of annexation or incorporation, and to update other provisions to current standard “Miscellaneous” clauses.

The purpose of Requests #1 through #4 is to allow the applicant to submit new plans and allow an automobile dealership use on the subject property, and to allow future modifications of said covenant as permitted by code.

(5) SPECIAL EXCEPTION to permit an automobile dealership in the BU-1A zoning district.

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(6) NON-USE VARIANCE to waive the requirement that a decorative masonry wall at least 5

feet in height enclose the vehicle storage area (not permitted). The aforementioned plans are on file and may be examined in the Department of Regulatory and Economic Resources. Plans may be modified at public hearing.

PROJECT HISTORY AND DESCRIPTION: The entire subject property is a 13.74-acre parcel. In October 2004, pursuant to Resolution #CZAB11-33-04, Community Zoning Appeals Board-11 approved a zone change on approximately 9.03-acre portion of the subject property from GU, Interim District, to BU-1A, Limited Business District, and a zone change from GU, Interim District, to IU-1, light Industrial District, on the remnant 4.71-acre portion of the site. Additionally, the board also approved a deletion of a prior recorded covenant running with the subject parcel. The approved plans submitted in conjunction with the request for rezoning had indicated approximately 110,369 sq. ft. of retail uses on the BU-1A parcel and 54,939 sq. ft. of industrial uses on the IU-1 parcel, all to be located within a series of detached buildings spread around the subject property. The aforementioned approvals were subject to the Board’s acceptance of a proffered Declaration of Restrictions, recorded in Official Records Book 22805, Pages 4786-4795, which among other things, tied the subject property to the submitted plans and limited the uses, especially for the BU-1A parcel, to the enumerated commercial uses that, at the time, were deemed relevant to the proposed retail area with multiple potential tenants. However, staff notes that the said approved plans for the shopping center area including the industrial uses were never constructed and that the subject site remains vacant. The applicant now seeks to modify a condition of the previously approved Resolution #CZAB11-33-04 including modifications to the previously recorded declaration of restrictions in order to submit revised plans showing an automobile dealership on the subject property. With the aforementioned requests, the applicant is also seeking approval for the ancillary non-use variance pertaining to waiver of the decorative masonry wall of at least 5 feet in height that is required by Code to enclose the vehicle storage area. The 13.74-acre subject parcel is zoned IU-1, light Industrial District, and BU-1A, Limited Business District. However, the proposed automobile dealership is to be evaluated under the BU-1A district regulations, which is deemed as the more restrictive of the two zoning districts. The applicant has submitted plans that depict a car dealership on the subject site that is to be developed in two phases, with a 45,044 sq. ft., two (2)-story high building proposed towards the north-east portion of the triangular-shaped parcel in the initial phase, and a future 32,592 sq. ft., one (1)-story high building to be located on the south-east corner of the site. Both these new car and sales dealership buildings are to house the retail, office and service areas for the proposed use. The rest of the site is to be improved with ancillary use surface lot areas for vehicle storage, parking and driveways. The proposed car dealership will have direct vehicular and pedestrian access to both SW 143 Street and SW 137 Avenue, a major section-line roadway. Submitted landscape plans depict that a landscaped buffer of 15’ minimum width, planted with trees and shrubs that provide ample visual buffers from the surrounding properties, is provided along the two abutting right-of-ways around the perimeter of the proposed dealership.

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NEIGHBORHOOD CHARACTERISTICS

Zoning and Existing Use Land Use Designation

Subject Property BU-1A, IU-1; vacant Industrial and Office

North IU-1; vacant, automobile storage Industrial and Office

South RU-3M; multi-family residential Industrial and Office

East RU-3M, RU-TH; single-family residences

Low-Medium Density Residential (6 to 13 dua)

West RU-3M; multi-family residential Industrial and Office

NEIGHBORHOOD COMPATIBILITY: The 13.74-acre subject property is comprised of a triangular-shaped lot that is presently vacant and located on the northwest corner of SW 143 Street and SW 137 Avenue. Light Industrial zoned land that is partly vacant and rest being used as a vehicle storage area for an existing automobile dealership is immediately to the north, with single-family residences to the east and a multifamily development that wraps along the semi-circular SW 143 Street is located to the south and west of the subject parcel. SUMMARY OF THE IMPACTS: The approval of this application will allow the applicant to provide an automobile dealership for the area on the subject property, along with an ancillary non-use variance to waive the requirement of a masonry wall around the vehicle storage area, which, staff opines would be appropriately mitigated with a landscaped buffer. Nevertheless, the approval of this application could potentially generate visual and aural impacts to the surrounding area. Staff notes that the Platting and Traffic Review section of the Department of Regulation and Economic Resources (RER) indicate in their memorandum that the application meets traffic concurrency criteria and does not exceed the acceptable Level of Service (LOS) in the area but that the application will generate approximately 162 PM daily peak hour vehicle trips, which could create traffic impacts in the surrounding area.

COMPREHENSIVE DEVELOPMENT MASTER PLAN ANALYSIS: The subject property is designated Industrial and Office on the Comprehensive Development Master Plan (CDMP) Land Use Plan (LUP) map. The CDMP Land Use Element interpretative text under the Industrial and Office land use category allows manufacturing operations, maintenance and repair facilities, warehouses, mini-warehouses, office buildings, wholesale showrooms, distribution centers and similar uses. Also included are construction and utility-equipment maintenance yards, utility plants, public facilities, hospitals and medical buildings. Furthermore, the Industrial and Office designation supports all Industrial uses and staff notes that subject to certain conditions the IU-1 district allows automobile dealerships as of right. Additionally, automobile dealerships are permitted in the BU-1A district after a public hearing and the purpose of BU-1A, Limited Business District, is to provide for retail and service convenience facilities which satisfy the essential and frequent needs of the adjacent residential neighborhood as well as the more specialized commercial facilities which may serve several neighborhoods. Staff notes that a previously approved covenant tied the subject property to a list of allowable commercial uses that are deemed consistent with the Industrial and Office land use category, and in addition to the dealership, must remain, in the event the dealership is not built or is removed in the future. To that effect, the applicant submitted a revised letter of intent indicating that the

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request to delete the aforementioned list of uses (request #3) be withdrawn. The approval of the requests sought in this application will permit the development of the subject site with a car dealership, along with an ancillary non-use variance. The subject property is located along SW 137 Avenue, an existing, vibrant commercial corridor and the applicant is requesting a proposed automobile dealership to be built in two phases and which shall include a 2-story and a 1-story new car and sales dealership buildings on the subject parcel along with retail, office and service areas.

The CDMP Land Use Element interpretative text indicates that Compatibility shall be determined in accordance to Policy LU-4A. The Land Use Element Policy LU-4A sets forth the criteria to determine compatibility and states when evaluating compatibility among proximate land uses, the County shall consider such factors as noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic, parking, height, bulk, scale of architectural elements, landscaping, hours of operation, buffering, and safety, as applicable. Staff opines that approval with conditions of the applicant’s requests will not result in an intensification of the development of the site beyond the scale of the surrounding area, and therefore, would not be out of character with same. Based on the review of the plans submitted as part of the hearing, staff finds that the proposed automobile dealership meets the criteria for compatibility outlined in that Land Use Element Policy LU-4A. Additionally, Policy LU-4C of the CDMP’s interpretative text states that neighborhoods shall be protected from intrusion by uses that would disrupt or degrade the health, safety, tranquility, character, and overall welfare of the neighborhood by creating such impacts as excessive density, noise, light, glare, odor, vibration, dust or traffic. For the reasons expanded upon in the zoning analysis below, staff opines that the modification of the prior resolution and declaration of restrictions in order to allow an automobile dealership on the subject property will not create significant impacts which will disrupt or degrade the safety and tranquility of the surrounding neighborhood. Staff further opines that approval with conditions of this application will not change the existing zoning designation on the subject parcel and would allow a use that is permitted in the IU-1 district as of right, and permitted in the BU-1A district after a public hearing. Therefore, staff opines that approval of the application will be consistent with Policy LU-4A, Policy LU-4C of the CDMP Land Use Element interpretative text and the Industrial and Office designation of the property on the Land Use Plan Map. ZONING ANALYSIS:

The applicant is seeking to modify the condition of the prior Resolution #CZAB11-33-04 including the paragraph of a previously recorded declaration of restrictions (request #1 and #2), in order to submit revised plans showing an automobile dealership on the 13.74-acre subject property, along with an ancillary non-use variance. When the aforementioned requests are analyzed under Section 33-311(A)(7), Generalized Modification Standards, staff is of the opinion that the approval with conditions of the requests would be compatible with the neighborhood concerned and would not be detrimental to the area or adversely affect the stability of the surrounding properties. The currently vacant 13.74-acre subject property is a triangular-shaped lot located on the northwest corner of SW 143 Street and SW 137 Avenue, and is zoned IU-1, light Industrial District, and BU-1A, Limited Business District. Staff notes that the IU-1 district allows automobile dealerships as of right and that after a public hearing such car dealerships are permitted in the BU-1A District, which is the more restrictive of the two zoning districts on the subject property. The subject site is located on a major commercial thoroughfare, SW 137 Avenue, a section-line, six-lane divided roadway, where similar automobile dealership uses are located. There are two

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big car-dealerships, one at 13750 SW 136 Street and another at 13800 SW 137 Avenue, located in close proximity to the subject site. Staff notes that the property to the immediate north of the subject parcel is partially occupied with vehicle storage area for one of the aforementioned dealerships. The submitted plans depict the proposed car dealership is to be developed in two phases, with a 45,044 sq. ft., two (2)-story high building proposed towards the north-east portion of the triangular-shaped parcel in the first phase, and a 32,592 sq. ft., one (1)-story high building is to be developed at a later time on the south-east corner of the site. The plans indicate that these new car and sales dealership buildings shall house the retail, office and service areas for the proposed use with the rest of the site to be developed with ancillary use areas that would include vehicle storage, parking and driveways. The proposed car dealership will have three points of direct vehicular and pedestrian access to both SW 143 Street and SW 137 Avenue. Staff notes that the submitted landscape plans depict a landscaped buffer that varies in width from 15’ to 33’, is provided around the perimeter of the dealership and along property lines that abut the two right-of-ways. Staff opines that that the trees and shrubs planted on this wide landscape buffer would mitigate the visual impact of the proposed dealership, provide a welcome visual enhancement and buffer for the surrounding properties. For the aforementioned reasons, staff opines that approval of the requested modifications of the resolution and covenant would not have a significant visual impact on the surrounding area. However, the previously approved covenant tied the subject property to a list of allowable commercial uses that are deemed consistent with the Industrial and Office land use category, and in addition to the dealership, must remain, in the event the dealership is not built or is removed in the future. To that effect, staff notes that the applicant has formally submitted a revised letter of intent indicating that request to delete Paragraph #2, that pertains to the aforementioned list of allowable uses contained within Declaration of Restrictions, recorded in Official Record Book 22805, Pages 4786 – 4795 (request #3), be withdrawn. Additionally, staff opines that approval of request #4, to allow the Covenant to be modified administratively as permitted by County Code, to provide how the Covenant is addressed in cases of annexation or incorporation, and to update other "Miscellaneous" provisions to current standard "Miscellaneous" clauses, will help future owners make minor modifications to the covenant in accordance with the Code, such as the administrative modification or elimination of conditions and restrictive covenants, Section 33-310.1., as is allowed for conditions that are adopted as part of a resolution. Based on the aforementioned, staff recommends approval with conditions of requests #1, #2 and #4, and withdrawal of request #3 under Section 33-311(A)(7) Generalized Modification Standards. When analyzing request #5, Special Exception to permit an automobile dealership in the BU-1A zoning district, under Section 33-311(A)(3), Special Exception, Unusual Use and New Uses, staff is supportive of the request for the aforementioned reasons and opines that the approval with conditions of the request would be consistent with the CDMP and would be compatible with the area. Staff opines that the proposed development is designed in a manner that keeps the scale, height and intensity similar to those in the surrounding area which includes two big car-dealerships located in close proximity and a vehicle storage area immediate north of the subject parcel. Staff also notes that, based on the memoranda submitted by other departments reviewing the application, approval of the request would not have an unfavorable effect on the economy of Miami-Dade County, would not tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding of people, or provoke a nuisance, and would not be incompatible with the area concerned. Staff opines that approval of the application will not have a significant impact on the surrounding roadways or transportation facilities based on the recommendations and/or information contained in memoranda from the Platting and Traffic Review Section of the Department of Regulatory and Economic Resources (RER). Their memorandum indicates that the application will meet the traffic concurrency criteria for an Initial

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Development Order. Said memorandum indicates that the application will generate 162 PM daily peak hour vehicle trips, which does not exceed the acceptable Level of Service (LOS) on the surrounding roadways as specified in the memorandum, dated December 3, 2019. Further, the Division of Environmental Resources Management (DERM) of the Department of Regulatory and Economic Resources, in their memorandum dated September 11, 2020, indicates that the application meets all applicable LOS standards for potable water service, wastewater disposal, and flood protection. In addition, the other departments reviewing the application including the Department of Transportation and Public Works, Miami-Dade Fire Rescue Department and the Water and Sewer Department do not object to the application. Based on the aforementioned department memoranda, staff opines that the requests will not result in, among other things, excessive noise or cause undue or excessive burden on public facilities. As such, staff opines that the request would be compatible with the area concerned, when considering the necessity and reasonableness of the modifications in relation to the present and future development of the area. As such, staff recommends approval with conditions of request #5 under Section 33-311(A)(3), Special Exception, Unusual Use and New Uses. When the request to waive the requirement to provide a 5’ high decorative masonry wall to enclose the vehicle storage area (request #6), is analyzed under the Non-Use Variance (NUV) Standards, Section 33-311(A)(4)(b), staff supports the ancillary variance and opines that approval with conditions of this request would be compatible with the surrounding area and would maintain the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and would not be detrimental to the community. Although the applicant is not providing the required wall that would enclose the vehicles stored as inventory for the proposed dealership, however, as was previously mentioned, the submitted plans indicate a heavily landscaped buffer of at least 15’ in width, with a continuous hedge as well as rows of trees planted with reduced spacing, provided next to the abutting right-of-ways and around the perimeter of the dealership, including its parking and car storage areas. The remaining property line to the north abuts an IU-1 zoned parcel that is partially occupied with a vehicle storage area for another dealership. Staff opines that the landscape buffer will sufficiently mitigate any visual impact of the proposed use on the adjacent properties. Additionally, staff notes that the subject property is separated from the multi-family residential to the south by SW 143 Street, a 80’ wide roadway and from the residentially zoned parcels to the east by SW 137 Avenue, a 110’ wide major section-line, six-lane divided roadway, with landscaped medians provided on both the right-of-ways. As such, any impacts to the surrounding area will be further minimized by these buffers, including distance and spacing of the proposed use. Based on the foregoing analysis, staff opines that approval of the request would not be a departure from the aesthetic character of the immediate vicinity, and the variance is not likely to have a major visual impact on the abutting properties. Therefore, staff recommends approval with conditions of request #6 under Section 33-311(A)(4)(b), Non-Use Variance From Other Than Airport Standards. ACCESS, CIRCULATION AND PARKING: The submitted plans indicate a main ingress/egress point of direct vehicular and pedestrian access to the dealership, located along SW 137 Avenue. There are also two more access points provided along the circular SW 143 Street with one (1) egress/ingress located at the southeast corner and another one as a right in and right out only point of access provided at the north-west corner of the subject site. Parking and driveways are internal to the site, with adequate parking provided on-site within the proposed dealership. NEIGHBORHOOD SERVICES PROVIDER REVIEW: See attached.

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OTHER: Not applicable. RECOMMENDATION: Approval with conditions of requests #1, #2, #4, #5 and #6, and withdrawal of request #3 without prejudice. CONDITIONS FOR APPROVAL: for requests #1, #2, #4, #5 and #6 only. 1. That all other conditions of Resolution CZAB11-33-04 remain in full force and effect, except

as herein modified.

2. That all other paragraphs of the Declaration of Restrictions, recorded in Official Record Book 22805, Pages 4786 – 4795 remain in full force and effect, except as herein modified.

3. That the applicant comply with all the applicable conditions, requirements,

recommendations, requests and other provisions of the Division of Environmental Resources Management of the Department of Regulatory and Economic Resources as contained in its memorandum dated September 11, 2020.

4. That the applicants comply with all applicable conditions and requirements from the Platting

and Traffic Review Section of the Department of Regulatory and Economic Resources as indicated in the memorandum dated December 3, 2019.

NK:JB:NN:EJ:SS

_____________________________

Nathan Kogon, AICP, Assistant Director Development Services Division Miami-Dade County Regulatory and Economic Resources Department

ZONING RECOMMENDATION ADDENDUM

Jekami Properties, LLC. PH: Z19-007

COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP) OBJECTIVES, POLICIES AND INTERPRETATIVE TEXT

Industrial and Office (Page I-39)

Manufacturing operations, maintenance and repair facilities, warehouses, mini-warehouses, office buildings, wholesale showrooms, distribution centers, and similar uses are permitted in areas designated as "Industrial and Office" on the LUP map. Also included are construction and utility-equipment maintenance yards, utility plants, public facilities, hospitals and medical buildings. The full range of telecommunication facilities, including switching and transmission facilities, satellite telecommunications facilities, microwave towers, radar stations and cell towers is also allowed. Very limited commercial uses to serve the firms and workers in the industrial and office area are allowed dispersed as small business districts and centers throughout the industrial areas. Hotels and motels are also authorized. Freestanding retail and personal service uses and shopping centers larger than 10 acres in size are prohibited in these areas because they would deplete the industrial land supply and they are better located in commercially designated areas and in closer proximity to residential areas. Freestanding retail and personal service uses and shops that are approved in Industrial and Office areas should front on major access roads, particularly near major intersections. In addition, uncommon commercial uses such as amusement uses, and others with unusual siting requirements may also be considered at appropriate locations. Quarrying activities and ancillary uses may also be approved in areas designated Industrial and Office where compatible with the surrounding area and environment. The specific range and intensity of uses appropriate in a particular Industrial and Office area vary by location as a function of the availability of public services and access and, among other factors, compatibility with neighboring development. Through the zoning review process, use of particular sites or areas may be limited to something less than the maximum allowed in this category. Moreover, special limitations may be imposed where necessary to protect environmental resources.

Land Use Element Policy LU-4A (Pg. I-9)

When evaluating compatibility among proximate land uses, the County shall consider such factors as noise, lighting, shadows, glare, vibration, odor, runoff, access, traffic, parking, height, bulk, scale of architectural elements, landscaping, hours of operation, buffering, and safety, as applicable.

Policy LU-4C (Page I-9)

Residential neighborhoods shall be protected from intrusion by uses that would disrupt or degrade the health, safety, tranquility, character and overall welfare of the neighborhood by creating such impacts as excessive density, noise, light, glare, odor, vibration, dust or traffic.

PERTINENT ZONING REQUIREMENTS/STANDARDS 33-311(A)(7) Generalized Modification Standards

The Board shall hear applications to modify or eliminate any condition or part thereof which has been imposed by any final decision adopted by resolution, and to modify or eliminate any provisions of restrictive covenants, or parts thereof, accepted at public hearing, except as otherwise provided in Section 33-314(C)(3); provided, that the appropriate board finds after public hearing (a) that the modification or elimination, in the opinion of the Community Zoning Appeals Board, would not generate excessive noise or traffic, tend to create a fire or other

NEIGHBORHOOD SERVICES PROVIDER COMMENTS*

Division of Environmental Resources Management (RER) No objection* Platting and Traffic Review Section (RER) No objection* Department of Transportation and Public Works (DTPW) No objection Water and Sewer Department (WASD) No objection Miami-Dade Fire Rescue (MDFR) No objection Building and Neighborhood Compliance (BNC) No objection *Subject to conditions in their memorandum.

ZONING RECOMMENDATION ADDENDUM

Jekami Properties, LLC. PH: Z19-007

equally or greater dangerous hazard, or provoke excessive overcrowding of people, or would not tend to provoke a nuisance, or would not be incompatible with the area concerned, when considering the necessity and reasonableness of the modification or elimination in relation to the present and future development of the area concerned, or (b) (i) that the resolution that contains the condition approved a school use that was permitted only as a special exception, (ii) that subsequent law permits that use as of right without the requirement of approval after public hearing, and (iii) that the requested modification or elimination would not result in development exceeding the standards provided for schools authorized as a matter of right without the requirement of approval after public hearing.

Section 33-311(A)(3) Special Exceptions, Unusual Uses and New Uses

Special exceptions (for all applications other than public charter schools), unusual and new uses. Hear application for and grant or deny special exceptions, except applications for public charter schools; that is, those exceptions permitted by the regulations only upon approval after public hearing, new uses and unusual uses which by the regulations are only permitted upon approval after public hearing; provided the applied for exception or use, including exception for site or plot plan approval, in the opinion of the Community Zoning Appeals Board, would not have an unfavorable effect on the economy of Miami-Dade County, Florida, would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction, are accessible by private or public roads, streets or highways, tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population, when considering the necessity for and reasonableness of such applied for exception or use in relation to the present and future development of the area concerned and the compatibility of the applied for exception or use with such area and its development. For purposes of public hearing, a site plan shall be considered one (1) special exception, and upon approval of a site plan by the Community Zoning Appeals Board and/or the Board of County Commissioners, all non-use variances incorporated within and reflected upon the site plan shall be considered a part thereof, and official approval of the site plan shall constitute approval of all such non-use variances, unless otherwise so moved by the approving board.

33-311(A)(4)(b) Non-Use Variances from other than airport regulations

Upon appeal or direct application in specific cases, the Board shall hear and grant applications for non-use variances from the terms of the zoning and subdivision regulations and may grant a non-use variance upon a showing by the applicant that the non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required.