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Home My WebLink AboutAgenda Item Summary Form1TY OF Hw AGENDA ITEM SUMMARY FORM File ID: #12618 Date: 09/21/2022 Requesting Department: Department of Resilience and Public Works Commission Meeting Date: 10/27/2022 Sponsored By: District Impacted: District 4 Type: Resolution Subject: Auth. Building Permit - 1715 SW 37 Avenue Purpose of Item: 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'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 SW 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. Background of Item: The City of Miami Department of Resilience and Public Works (RPW) has reviewed the property located at 1715 SW 37 Avenue in connection with the proposed redevelopment through Application No. PZ-21-11846. 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". The Miami 21 Zoning Code ("Miami 21") 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. Due to the existence of two zoning districts, the Property cannot be platted as one platted lot. Chapter 55, 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. In order to avoid an undue burden to the owner of the Property, the City shall issue a building permit to the Property including the 18-foot Strip in accordance with Section 55-10(g) of the City Code. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed By Department of Resilience and Public Works Review Completed 09/21/2022 2:59 PM Office of Management and Budget Donovan Dawson Office of Management and Budget Marie Gouin City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Office of the City Attorney Elizabeth Hernandez City Commission Maricarmen Lopez Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Juvenal Santana Department Head Budget Analyst Review Completed 09/26/2022 4:46 PM Budget Review Completed 09/26/2022 5:13 PM Deputy City Manager Review Completed 09/28/2022 3:05 PM Legislative Division Review Completed 09/28/2022 3:22 PM City Manager Review Completed 09/29/2022 11:04 AM ACA Review Completed 10/17/2022 4:12 PM Meeting Completed 10/27/2022 9:00 AM Approved Form and Correctness Completed 11/16/2022 11:47 AM Rendered Completed 11/18/2022 5:41 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0408 File Number: 12618 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 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: 1 Jir 4ifind ez,City Attor ey 11/16/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.