HomeMy WebLinkAbout2010-197-1379-Z-100 - Application of Miami Money Market Inc
1515 N.W. 167 STREET, BUILDING 5 SUITE 200 MIAMI GARDENS, FLORIDA 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 1, 2010 Item Type: Resolution Ordinance
Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading n/a X Public Hearing: Yes No Yes No X Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: N/A Sponsor Name City Manager Department: Planning and Zoning Short Title: RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
APPROVING THE APPLICATION SUBMITTED BY MIAMI MONEY MARKET INC., FOR A SPECIAL EXCEPTION USE TO ALLOW A PAWN SHOP IN THE CITY’S PCD, PLANNED CORRIDOR DEVELOPMENT AT PROPERTY LOCATED AT
16601 N.W. 27TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Application No. PH 2010-000055 The applicant, Miami Money Market, Inc. is requesting a special exception use to allow a pawn shop at 16601
N.W. 27th Avenue, a/k/a formerly Nemo’s Seafood Restaurant. The building and site will be renovated and improved to provide adequate parking, landscaping and signage. Pawn shops are
only permitted as special exception uses in the City’s PCD, Planned Corridor Development, NC, Neighborhood Commercial, and I-1, I-2 Light and Heavy Industrial districts. The business
of pawnbrokers is regulated by the Chapter 539 F.S. ITEM 10A) RESOLUTION PUBLIC HEARING Application of Miami Money Market Inc.
At the November 3, 2010 City Council Zoning meeting, after discussion and the public hearing, the item was deferred by Council at request of the applicant. Proposed Action: Staff recommends
approval of the Resolution with conditions. The conditions are as follows: 1. That the plans submitted for building permit be substantially in compliance with plans submitted with the
special exception application titled “Miami Money Market” as prepared by Juan A. Rodriquez, RA consisting of sheets A2.01, A3.01, A4.01, A5.01, L1.01, dated stamped received Sept. 3,
2010. 2. That the applicant submit and obtain a landscape plan approval from the Planning and Zoning Department prior to the issuance of building permit for the building, said plans
meeting the approval of the Planning and Zoning Department. 3. That the business operation hours shall be limited to be between the hours of 7:00am to 10:00pm Monday to Saturday, and
10:00am to 7:00pm on Sundays. 4. In the event the operation becomes a burden, disruption to the detriment of the surrounding area, or becomes a law enforcement problem the City may revoke
and terminate the C.U. and/or the special exception use approval. 5. That the applicant proffer an executed Declaration of Restrictive Covenants incorporating the conditions of the special
exception use approval to the City upon adoption of this Resolution. 6. In the event the Applicant intends to transfer ownership of the “pawn shop” business, the Applicant agrees that
the City Council shall have the right to approve the person or entity to whom the business will be transferred, prior to such transfer. The City Council will not unreasonably withhold
approval. 7. References to the term “Pawnshop” will not be used in the description of the name of the business. The Applicant agrees that the business will operate under the name “Miami
Gardens Jewelry and Loans”. 8. No guns or other firearms will be sold or accepted on the premises. Attachment: Exhibit “A” Legal Description Exhibit “C” Declaration of Restrictive Covenants
Exhibit “B” Staff Recommendation
EXHIBIT “A” LEGAL DESCRIPTION
EXHIBIT “A” LEGAL DESCRIPTION LOT 8 AND THE SOUTH 24 FEET OF LOT 7, BLOCK 1, OF NORTHWEST 27TH AVENUE HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, AT PAGE 55 OF
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA ADDRESS: 16601 N.W. 27 AVENUE, CITY OF MIAMI GARDENS
EXHIBIT “B” STAFF RECOMMENDATION
STAFF RECOMMENDATION PH-2010-000055 APPLICATION INFORMATION Applicant: Miami Money Market, Inc. Property Location: 16601 N.W. 27 Avenue Property Size: .35 acres Future Land Use: Commercial
Existing Zoning: PCD, Planned Corridor Development Requested Action(s): 1. Special exception use to allow a pawn shop in the PCD district. RECOMMENDATION: Staff recommends approval of
the Resolution with conditions. The conditions are as follows: 1. That the plans submitted for building permit be substantially in compliance with plans submitted with the special exception
application titled “Miami Money Market” as prepared by Juan A. Rodriquez, RA consisting of sheets A2.01, A3.01, A4.01, A5.01, L1.01, dated stamped received Sept. 3, 2010. 2. That the
applicant submit, obtain approval and implement a landscape plan from the Planning and Zoning Department prior to the issuance of building permit for the building, said plans meeting
the approval of the Planning and Zoning Department. 3. That the business operation hours shall be limited to between the hours of 7:00am to 10:00pm Monday to Saturday, and 10:00am to
7:00pm on Sundays. 4. In the event the operation becomes a burden, disruption to the detriment of the surrounding area, or becomes a law enforcement problem the City may revoke and terminate
the C.U. and/or the special exception use approval. 5. That the applicant proffer an executed Declaration of Restrictive Covenants incorporating the conditions of the special exception
use approval to the City upon adoption of this Resolution. 6. In the event the Applicant intends to transfer ownership of the “pawn shop” business, the Applicant agrees that the City
Council shall have the right to approve the person or entity to whom the business will be transferred, prior to such transfer. The City Council will not unreasonably withhold approval.
7. References to the term “Pawnshop” will not be used in the description of the name of the business. The Applicant agrees that the business will operate under the name “Miami Gardens
Jewelry and Loans”. 8. No guns or other firearms will be sold or accepted on the premises.
REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Commerce PCD, Planned Corridor Development Commercial/vacant
North Commerce PCD, Planned Corridor Development, ROW vacant/SR 826/Palmetto Expressway South Commerce PCD, Planned Corridor Development Commercial East Commerce PCD, Planned Corridor
Development Vacant West Commerce PCD, Planned Corridor Development Commercial shopping center The subject property is currently developed with a 2,466 square feet vacant commercial building
with parking and open space on a 15,393 square feet lot with frontage on and access from N.W. 27 Avenue and N.W. 166 Street. There is a slim sliver of land on the north side of the site
under different ownership that is undeveloped that separates the property from N.W. 167 Street. To the east is a vacant lot; to the south is developed with commercial uses; and to the
west is the Dade Corners Shopping Center. Project Summary/Background • The applicant Miami Money Market, Inc. is a registered business with the State of Florida showing Reynaldo Chavez
as its’ sole officer. The applicant states in the letter of intent that he has been in the pawn shop business for 30 years. • Pawnbroker businesses are regulated by the Florida Department
of Agriculture and Consumer Services under Chapter 539, F.S. • The Police Department has found no record of incident(s) with the proposed business owner related to a pawn shop use. •
The applicant is proposing to renovate the existing 2,466 square foot building and improve the 15,393 square foot site with landscaping, buffering, signage and parking to operate a pawn
shop. • The site will be accessed from N.W. 27 Avenue with loading and trash pick-up from N.W. 166 Street. • The pawn shop use is only permitted as a special exception use in the PCD,
Planned Corridor Development District, NC, Neighborhood Commercial District, and the I-1, I-2, Light and Heavy Industrial Districts.
Zoning History There have been no relevant zoning actions on the property that impact the proposed special exception use. Consistency with City of Miami Gardens Comprehensive Development
Master Plan The subject parcel is designated Commerce on the adopted 2006-2016 Land Use Plan (LUP) Map of the Future Land Use Element (FLUE) of the Comprehensive Development Master Plan
(CDMP) of the City of Miami Gardens. Objective 1.3 states: “The Commerce designation is intended for planned urban commercial, urban industrial, urban cultural and economic hubs. The
Commerce areas shall include existing and planned activity centers that are primarily located along the City’s three major roadway corridors.” The proposed pawn shop is a commercial
activity that can be conducted appropriately in the Commerce-designated areas, where there are insignificant impacts on residential neighborhoods. The proposed use will be located with
access off, and directly onto N.W. 27 Avenue with very close proximity to the Palmetto Expressway and major arterials of the City. This area is a primary economic corridor of the City.
Conclusion: The proposed pawn shop use will be consistent with goals and objectives of the CDMP while protecting the public health, safety, welfare by design and location. Zoning Review
and Analysis The City Council may grant or deny approval of a special exception use request as set forth in Section 34-48(g) of the City’s Zoning and Land Development Code: (g) Criteria
for granting of special exception use approval. To authorize any special exception use, the zoning appeals board shall find all of the following: (1) The special exception use will be
consistent with the city’s comprehensive development master plan; (2) The special exception use will be in harmony with the general character of the neighborhood considering population
density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses; (3) The special exception
use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise,
vibrations, fumes, odors, dust, glare, electrical interference, or physical activity; (4) The special exception use will have no detrimental effect on vehicular or pedestrian circulation
and flow within the vicinity of the use. The special
exception will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area; (5) The special exception will not, in conjunction
with existing and proposed development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, parks, police
and fire protection, water, sanitary sewer, public roads, stormwater drainage, and other public improvements and services; (6) That the special exception use otherwise meets the definition
standards set forth elsewhere in this chapter for such particular use; and (7) That development, use and operation of the site will be in compliance with all applicable code regulations,
development standards and any additional standards imposed by the city council or zoning appeals board with the intent of protecting adjacent properties and preserving neighborhood character.
In analyzing the proposed special exception use request for a pawn shop on the criteria set forth above for granting approval or denial consideration was given to the characteristics
of the operation. The proposed use is within an existing building that will be renovated so there are no new structures that may be of a bulk, scale or design out of character with the
commercial neighborhood. The pawn shop will operate not unlike a typical retail commercial use as it relates to consumer interaction and access. The consumer patronizes the pawn shop
for the pawning services it provides, just as a consumer would patronize other retail businesses for the services they may provide. The business of pawnbrokers however, is regulated
by the Chapter 539 F.S. by the Florida Department of Agriculture and Consumer Services which establishes and enforces the laws applicable to pawnbrokers and how they do business, which
is unlike how other retail uses are defined in the Code. The use is not detrimental to the economic values of the area nor creates objectionable noise, vibrations, fumes, odors, dust,
glare, electrical interference or unusual physical activity. The anticipated traffic and vehicular circulation is the same of a typical retail operation and the use does not overburden
existing public facilities or services. In addition, the property will be redeveloped with improved landscaping, parking, and signage and with the imposition of hours limiting operating
hours that are typical of general retail operations the intent is to protect adjacent properties and the preserving the commercial character of the neighborhood. Conclusion The proposed
special exception request for a pawn shop meets the criteria set forth in the Zoning and Land Development Code for granting of the use. Anticipated Facilities Impact General: The change
from the previously licensed use of the property as a restaurant to a pawn shop would reduce all anticipated impacts on public facilities, including water and sewer, and traffic concurrency.
Concurrency determinations are not finalized during the zoning approval process. Specific impacts will be determined at building permit review.
Public Notification/Comments In accordance with the Land Development Regulations, two (2) notifications of the applicant’s requests were mailed to property owners within a five hundred
(500) feet of the subject site to provide them an opportunity to comment on the application. No comments were received from property owners within that radius at the date of this writing.
(See Mailed Notice Radius Map, attached). Attachments: Public Hearing Checklist Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Affidavit Mailed Notice Radius Map
Submitted Plans and Survey Chapter 539 F.S. Pawnbrokers Transmittal Notice