HomeMy WebLinkAboutR-22-0408City of Miami
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Resolution R-22-0408
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Legislation
File Number: 12618
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/27/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 55-10(G) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AUTHORIZING AND DIRECTING THE CITY OF
MIAMI'S DEPARTMENT OF RESILIENCE AND PUBLIC WORKS TO ISSUE
NECESSARY PERMITS FOR THE REDEVELOPMENT, CONSTRUCTION,
RENOVATION OR REPAIR OF NON -HABITABLE ON -SITE IMPROVEMENTS
ON AN APPROXIMATELY 18' STRIP OF UNPLATTED LAND AT THE
PROPERTY LOCATED AT 1715 SOUTHWEST 37 AVENUE THE REMAINDER
OF WHICH IS PLATTED; SUBJECT TO COMPLIANCE WITH ALL
APPLICABLE PROVISIONS OF THE CITY CODE, AND IN COMPLIANCE WITH
ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") Department of Resilience and Public Works
("RPW') has reviewed the property located at 1715 Southwest 37 Avenue ("Property") in
connection with the proposed redevelopment through Application No. PZ-21-11846 ("Zoning
Application"); and
WHEREAS, the Property is located at the southeast corner of the intersection of
Southwest 17 Street and Southwest 37 Avenue in the City and is identified by Folio No. 01-
4109-029-0720; and
WHEREAS, the Property is legally described as Lots 59 and 60 of the Davis Citrus Farm
Plat recorded in the Public Records of Miami -Dade County at Plat Book 4, Page 66 ("Plat") plus
an approximately 18-foot strip (18-foot Strip") legally described as beginning at the southwest
corner of Lot 60, south 18.42 feet, then east 173.84 feet, then north 18.15, and west 173.84,
less an 8.5 by 15 foot portion dedicated to the City for public right of way; and
WHEREAS, the Future Land Use Map ("FLUM") of the City's Comprehensive
Neighborhood Plan ("MCNP") designates the majority of the Property "Restricted Commercial,"
and the 18-foot Strip is designated "Single Family Residential"; and
WHEREAS, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code") Atlas designates the majority of the Property as within the T6-8-0
Transect and 18-foot Strip is within the T3-R Transect and appears to be within the Coral Gate
Neighborhood Conservation District, NCD-1; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8 of Miami 21, the Property does not
meet the minimum criteria for a rezoning or the successional zoning regulations to rezone the 18-
foot Strip from T3 to T6 consistent with the remainder of the Property; and
City of Miami Page 1 of 2 File ID: 12618 (Revision:) Printed On: 1112212022
File ID: 12618 Enactment Number: R-22-0408
WHEREAS, the 18-foot Strip does not meet the minimum 5,000 square foot lot size and
50' lot width requirements to plat in T3; and
WHEREAS, due to the existence of two zoning districts, the Property cannot be platted
as one platted lot; and
WHEREAS, Section 55-10 of the Code of the City of Miami, Florida, as amended ("City
Code") states "No building, paving, remodeling or renovation permits shall be issued for any
structure, or other on -site improvements, on any land for which a plat has not been recorded in
the public records of the county or on a lot of record that has been divided into separate parcels,
except as hereinafter expressly provided"; and
WHEREAS, Section 55-10(g) of the City Code states "a permit may be issued for the
construction, renovation or repair of non -habitable on -site improvements on unplatted land when
said improvements are mandated by the City Charter, City Code or City Commission; and
WHEREAS, this is a unique situation that can only be addressed by City Commission
action to allow the issuance of a building permit for the 18-foot Strip; and
WHEREAS, the project proposed through Zoning Application does not utilize the 18-foot
Strip for density or intensity; and
WHEREAS, the 18-foot Strip is proposed to be used for setback and open space only;
and
WHEREAS, the City Manager requests authority and direction to direct RPW to issue a
building permit to the Property including the 18-foot Strip in accordance with Section 55-10(g) of
the City Code;
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 if fully set forth in this Section.
Section 2. Pursuant to Section 55-10(g) of the City Code the City Manager is authorized
and directed to direct RPW to issue a building permit for the construction, renovation or repair of
non -habitable on -site improvements at the Property, including the 18-foot Strip, subject to full
compliance with all applicable provisions of the City Code, Building Code and all applicable
laws, rules, and regulations, as may be deemed necessary for said purpose.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 2 of 2 File ID: 12618 (Revision:) Printed on: 1112212022