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RESOLUTION 91-20271 RESOLUTION NO. 91-20271 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AFFIRMING THE DECISION OF THE PLANNING BOARD WHICH GRANTED A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A RELIGIOUS INSTITUTION (MIKVAH) AT 1749 JEFFERSON AVENUE. WHEREAS, an application was made to the Department of Planning & Zoning for a Conditional Use Permit which sought to allow the construction of a Mikvah at 1749 Jefferson Avenue; and WHEREAS, on January 29, 19 91 a public hearing was held by the Planning Board which voted 7-0 for approval; and WHEREAS, an appeal of the Planning Board' s decision to the City Commission has been filed pursuant to Section 17-4G of the City's Zoning Ordinance; and WHEREAS, pursuant to the Administration' s report dated March 20, 1991 (attached hereto as Exhibit "A") , and the substantial competent evidence which provided the basis and grounds for the Planning Board' s decision, the City Commission desires to affirm the decision of the Planning Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: That the decision of the Planning Board of January 29, 1991 regarding an approval for a Conditional Use at 1749 Jefferson Avenue is hereby affirmed. 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'-r.,.rr J eIP:�-r�Z Aquin weerraVagrall I ImQ Immo / s Q amino V Immo Z�- giliVi © 1,, n�3�:��Wit- �, ' ` �� rM Wi �rZFOWM,Funwire,7 t -, I:ter ni•W ars a • ' erlii _FIFTEEN H Si"T wiislir xv LE -rig Mar din 1,2100-15710E' 127ine anet :at 2 . .. •L ?Ira 1131 MIL ' .. • 1ZONING M A P . • •• . . - . 1749 JEFFERSON AV • - ,. ,, 5(4 read -�;�ef•,, FLORIDA 3 3 1 3 9 ;INCORPI ORATED1 S VA CA TIONL 4l v D U. S. A • OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. MARCH 20, 1991 DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico Akilk City Manager AM SUBJECT: APPEAL OF PLANNING BOARD DECISION RELATIVE TO A REQUEST FOR CONDITIONAL USE APPROVAL FOR THE CONSTRUCTION OF A RELIGIOUS INSTITUTION (MIKVAH) AT 1749 JEFFERSON AVENUE (PLANNING BOARD FILE #1072-A) APPEAL SUMMARY On Monday, January 29, 1991, the applicant, the Daughters of Israel, came before the City of Miami Beach Planning Board requesting Conditional Use approval for the construction of a religious institution (more specifically, a Mikvah) at 1749 Jefferson Avenue. After the public hearing and due deliberation, the Planning Board voted unanimously (7-0) for a motion to approve the request. On February 4 , 1991, the Planning Director received a request for an appeal of this decision by the Planning Board from Melvin and Lee Buck who are being represented by John G. Fletcher. In accordance with Section 17-4G. of the City' s Zoning Ordinance, this appeal letter was found to be in good order; the appropriate filing fee for the appeal was paid on February 13 , 1991. Both items were filed within the required 15 days of the date on which the Board reached a decision. The Ordinance further requires that an appeal shall be placed on the City Commission agenda within 45 days of receipt of the appeal request. Pursuant to Section 17-4G. 2 . of the Zoning Code, in order to reverse, amend or modify a Conditional Use decision of the Planning Board or of the Planning and Zoning Director, the Commission must find that the Board or Director acted arbitrarily and capriciously in abuse of their/his discretionary powers. The Planning Board had to base its action upon the substantial, competent evidence presented. A vote of at least five (5) members of the Commission shall be required in order to reverse a decision of the Planning Board. PROPOSED PROJECT ANALYSIS The Project - The project consists of the construction of a Mikvah (a ritual bath facility) on a vacant parcel of land. The facility will contain two (2) pool areas, eight (8) dressing rooms a reception/waiting area and a laundry room. The total floor area will be 2 , 650 sq. ft. There are eight (8) parking spaces on site. This facility will not be used for any other purpose. It is to be operated for approximately 3 . 5 hours every evening (one-half hour before sunset to three (3) hours after sunset) . There will be a security gate operated from the facility. 53. AGENDA • 1 I TEM DATE ,31"' .9/ .w:.r':.i,I,tJ Y';i:i•:W R,1_^.L:53...."'a,.•!.—,...'�.•'•� s....,.. •1:�........v: ..a.r i�1.i. ...-.n-,.. 6 Zoning - All City owned property is zoned GU, Government Use. Upon the sale of the land, the zoning classification of the land shall be determined by the Planning and Zoning Director, as stated in Section 6-12B.2 . of Zoning Ordinance 89-2665, based on the surrounding' zoning districts. The subject property would be zoned RM-1 when it passes into the private sector (see attached Zoning Map) . Land Use - The subject property is vacant. The land uses to the east are generally Multi-family. Land uses north and south of the site are single family. The area is generally single family with multi-family infill development (see attached Land Use Map) . PLANNING AND ZONING DEPARTMENT'S REVIEW In accordance with Section 17-4B of the Zoning Ordinance, the Planning and Zoning Department applied the review guidelines for Conditional Uses to this project. As such, these are as follows: 1. The Use is consistent with the Comprehensive Plan or Neighborhood Plan if one exists for the area in which the property is located. Consistent - The proposed use would not require an amendment to the Comprehensive Plan. 2 . The intended Use or construction will not result in an impact that will exceed the thresholds for the levels of service as set forth in the Comprehensive Plan. Consistent - The proposed use is less intense than the potential development of the site as a multi-family building; consequently, no levels of service will be affected. 3 . Structures and Uses associated with the request are consistent with this Ordinance. Consistent - The proposed use is permitted as a Conditional Use in the RM-1 District classification. 4 . The public health, safety, morals and general welfare will not be adversely affected. Consistent - The proposed use supports this objective. The intensity and nature of the use' s operation during evening hours indicate that, there will be no adverse effects to the . neighborhood's population general welfare. 5. Adequate Off-street Parking facilities will be provided. Consistent - The parking requirement for this facility has been met. However, it is suggested that if possible the site plan be modified to include an additional two spaces to handle the parking needs of any staff that may be associated with the facility. Depending upon the timing of appointments, it is conceivable that all eight parking spaces might be required for the Mikvah clientele. REVIEW OF OTHER CITY DEPARTMENTS/DIVISIONS Comments from other City Departments/Divisions were as follows: Zoning - requires variances for the north and south yard setback in the parking area and for the walkway on the south side yard. The project requires Design Review Board approval. Legal - Comments were unavailable prior to the hearing; however, the City' s Chief Deputy City Attorney, John Dellagloria, indicated at the hearing that the item was properly before the Board. 2 54 Code Enforcement - Comments were unavailable prior to the hearing; however, as a properly maintained vacant City-owned parcel, there are no violations outstanding against the property. Public Works - Comments were unavailable prior to the hearing. All City requirements will be incorporated into any approvals for building permits. PLANNING AND ZONING DEPARTMENT RECOMMENDATION The Department recommended to the Planning Board that the request for a Conditional Use be approved subject to the following conditions: 1. The architect shall submit the remaining elevations for staff review. Further refinement of the facade and roof line shall be required to create a more residential appearance. 2 . The site plan may be modified in such a manner so as to eliminate the need for variances. Should the applicant opt to apply for variance approval, the 5 ft. landscape strip along the north and south side yard should be maintained and the variance request would be for the reduction of the parking lot aisle width from 22 ft. to 19 ft. 3 . The applicant shall be encouraged to provide parking beyond the required amount, if possible, for the use by staff. 4 . The applicant shall obtain Design Review Board approval prior to the issuance of a building permit. PLANNING BOARD HEARING Mr. Russell Galbut, Esquire, represented the Daughters of Israel . In summaryMr.. Galbut stated that the site was sought after because it met all the criteria for Conditional Uses and therefore it was well suited for this particular conditional use. He stated that there are other Conditional Uses already in the area, including a synagogue and an ACLF. He stated that there has been substantial and competent evidence given by the Planning and Zoning Director p ° appropriate use for the that this Conditional Use is an neighborhood. Continuing, Mr. Galbut, stated that the proposed use of this developed o ed on the site, i s property, compared to that which could be p minor bycomparison. There is nothing hidden in the concept of the • _ the nicest house on the block, Mikvah not only will it look like but it will also have the nicest landscaping. He stated that he and his clients agree to all of the conditions that have been recommended by the Planning and Zoning Department. He stated that there would be no exterior signage, except for a street address and that there would be no name plate on the building. He added that while a tourist might conceivably use this facility, it would not be marketed, advertised or promoted in even the slightest way. In conclusion, he said that this use would be very private. As stated above, the Planning Board voted 7-0 to approve the request. e e 3 55 ADMINISTRATION RECOMMENDATION The Administration concurs with the opinion of the Planning and Zoning Director that the Planning Board did not act arbitrarily or capriciouslyin the review of this matter and that the Board's action was based on the substantial and competent evidence presented before it. Therefore, it is recommended that the decision of the Planning Board be upheld. CBT:DJG:jm Attachment COMMISN\1072AAPPEAL. 91 e e 4 56 ORIGINAL RESOLUTION NO. 91-20271 Affirming the decision of the Planning Board which granted a Conditional Use Permit for the construction of a religious institution (Mikvah) at 1749 Jefferson Avenue.