HomeMy WebLinkAboutR-23-0254City of Miami
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Resolution R-23-0254
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Legislation
File Number: 13883
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/25/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION PURSUANT TO ARTICLE 4, DIAGRAM 11 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW A DENSITY
TRANSFER OF FIVE (5) UNITS INTO T4 TRANSECT ZONE, ALLOWED BY
EXCEPTION WITH CITY COMMISSION APPROVAL, FOR TWO (2) REAL
PROPERTIES DESIGNATED AS "74-R," GENERAL URBAN ZONE -
RESTRICTED, AND APPROVING THREE (3) SUBORDINATE WAIVERS FOR
THE PROPERTY LOCATED AT APPROXIMATELY 3069 PLAZA STREET AND
3091 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Roble, LLC ("Applicant") applied to the City of Miami ("City") for an
Exception, pursuant to Article 4, Diagram 11 of Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, ("Miami 21 Code") to allow a Density transfer of five (5)
units into a 74" Transect Zone, allowed by Exception with City Commission approval through
the Historic Preservation Transfer of Development Density program established in Chapter 23 of
the Code of the City of Miami, Florida, as amended, ("City Code") at the Property located at
approximately 3069 Plaza Street and 3091 Plaza Street, as more particularly described in
Exhibit "A," attached and incorporated ("Property"); and
WHEREAS, the Applicant also applied for three (3) subordinate Waivers to the
Exception; and
WHEREAS, the first Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami
21 Code to permit an up to ten percent (10%) reduction in drive aisle width from twenty-three
feet (23') to twenty-two and one-half feet (225) (a 2.2% reduction); and
WHEREAS, the second Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the
Miami 21 Code to permit an up to ten percent (10%) reduction in the required number of parking
spaces to provide twenty-two (22) spaces where twenty-four (24) are required; and
WHEREAS, the third Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami
21 Code to permit an up to ten percent (10%) increase in lot coverage to provide sixty-six
percent (66%) where sixty percent (60%) is permitted By Right; and
WHEREAS, the Property is zoned 74-R," General Urban Zone, on the Zoning Atlas of
the Miami 21 Code and is located within a Transit Oriented Development ("TOD"); and
City of Miami Page 1 of 4 File ID: 13883 (Revision:) Printed On: 6/5/2023
File ID: 13883
Enactment Number: R-23-0254
WHEREAS, the existing Future Land Use Map ("FLUM") designation of the Property on
the Miami Comprehensive Neighborhood Plan ("MCNP") is "Medium Density Multifamily
Residential"; and
WHEREAS, the areas designated as 74-R," General Urban Zone — Restricted, consists
of a Mixed -Use but primarily residential urban fabric with a range of Building types including
Residential Uses to a maximum Density of thirty-six (36) Dwelling Units per acre; and
WHEREAS, areas designated as "Medium Density Multifamily Residential" allow
residential structures to a maximum Density of sixty-five (65) Dwelling Units per acre; and
WHEREAS, as part of the Density transfer into the Applicant's 74-designated Property",
the Applicant will be purchasing five (5) units via this Exception process; and
WHEREAS, the Applicant is legally bound to follow all the terms and conditions of the
recorded Covenant voluntarily proffered as part of the adopted rezone (Ordinance 13998) for
the Applicant's Property, as attached and incorporated as Exhibit "B" ("Rezoning Covenant");
and
WHEREAS, the Rezoning Covenant restricts the Property to provide twenty percent
(20%) of Units to individuals whose incomes are at or below eighty percent (80%) Area Median
Income ("AMI") for Miami -Dade County, and the purchase of the five (5) units results in one (1)
additional income -restricted unit; and
WHEREAS, the Planning Department finds the proposed Exception and three (3)
subordinate Waivers to be consistent with applicable criteria of Article 7, Sections 7.1.2.6 and
7.1.2.5 as well as Article 4, Table 12 and Diagram 11 of the Miami 21 Code; and
WHEREAS, the proposed Exception is consistent with the goals and requirements of the
Miami 21 Code; and
WHEREAS, the Planning Department reviewed the application and found the proposed
Exception is consistent with the goals of MCNP, including but not limited to the MCNP
Transportation Element, Goal TR-2, Objective TR-2.4, Policy TR-2.4.3; and
WHEREAS, the Planning Department, pursuant to Article 4, Diagram 11 and Article 7,
Section 7.1.2.6 of the Miami 21 Code recommended approval with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April
11, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-042 by a
vote of seven to zero (7 - 0), Item No. 9, recommending approval of the Exception; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other regulations of the City; and
WHEREAS, the City Commission finds that the applicable requirements of the Miami 21
Code have been met with the conditions as stated in Section 2 herein; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve with conditions the requested
Exception;
City of Miami Page 2 of 4 File ID: 13883 (Revision:) Printed on: 6/5/2023
File ID: 13883
Enactment Number: R-23-0254
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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. The Exception pursuant to Article 4, Diagram 11 and Article 7, Section
7.1.2.6 of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended,
("Miami 21 Code") to allow a Density transfer of five (5) units into T4 Transect Zone and the
three (3) subordinate Waivers pursuant to Article 7, Section 7.1 .2.5(a)(29) of the Miami 21 Code
to: i) permit a reduction in drive aisle width from twenty-three feet (23') to twenty-two and one-
half feet (225) (a 2.2% reduction), ii) permit a reduction in the required number of parking
spaces from twenty-four (24) spaces to twenty-two (22) spaces, and iii) permit an increase in lot
coverage to from sixty percent (60%) to sixty-six percent (66%) for two (2) real properties zoned
74-R," General Urban Zone - Restricted, located at approximately 3069 Plaza Street and 3091
Plaza Street, Miami, Florida, as more particularity described in Exhibit "A," attached and
incorporated, are all hereby approved subject to the following conditions:
1. The proposed Residential, Multi -Family Housing project shall be in accordance with the
two (2) plans entitled "A-0.4 CONTEXT SITE PLAN" and "A-1.0 ZONING TABULATION"
as prepared by Lester Perez Pizarro, State of Florida Registered Architect - AR95944,
each plan drawing consisting of one (1) plan sheet and bearing the e-Plan approval
stamp.
2. The Applicant shall activate the public realm at the ground level directly fronting Plaza
Street (the Principal Frontage) in accordance with Article 4, Table 12 (Building
Disposition) of the Miami 21 Code that reinforces and enhances pedestrian walkability
and safety with a pedestrian walkway made of anti -slip material(s) with a minimum width
of 5'-0" (60") per Chapter 54, Section 54-223 (Sidewalk) of City Code, as amended.
3. The Applicant is legally bound to follow all the Terms and Conditions, as described in
Exhibit "B", the City Approved Covenant.
4. Pursuant to Article 5, Section 5.4.7, Ambient Standards (T4) of Miami 21 Code, the
average lighting levels measured at the Building Frontage shall not exceed 2.0 fc (foot-
candles), and lighting of the Building and Open Space of First and Second Layers shall
be compatible with street lighting of Abutting public spaces.
5. Light spillage and glare from exterior lighting shall not be directed at adjacent properties,
neighboring areas, and motorists.
6. The City reserves the right to inspect the site to ensure compliance with the conditions
listed.
7. Failure to comply with the conditions herein may result in the immediate revocation of
this Exception and shall be subject to any fines and penalties pursuant to City Code.
8. Any non -substantial modification to the approved plans as a result or consequence of
the Applicant's compliance with other departments and/or agencies and/or codes, shall
require a new review for approval confirmation from the Planning Director in accordance
with Article 7 of the Miami 21 Code.
City of Miami Page 3 of 4 File ID: 13883 (Revision:) Printed on: 6/5/2023
File ID: 13883
Enactment Number: R-23-0254
9. Pursuant to Section 7.1.2.6(e) of the Miami 21 Code "an Exception shall be valid for a
period of two (2) years during which a building permit or Certificate of Use must be
obtained. This excludes a demolition or landscape permit. A one-time extension, for a
period not to exceed an additional year, may be obtained if approved by the Planning
Director."
10. Failure to comply with the conditions herein may result in the immediate revocation of
this Exception and shall be subject to any fines and penalties pursuant to City Code.
11. The City reserves the right to inspect the site/Property to ensure compliance with the
conditions listed.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Una ndez, City Amtor iey 5/1512023
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 4 of 4 File ID: 13883 (Revision:) Printed on: 6/5/2023