HomeMy WebLinkAboutR-24-0047City of Miami
Resolution R-24-0047
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15264 Final Action Date: 1/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS AN EXCEPTION AND THREE (3)
SUBORDINATE WAIVERS PURSUANT TO ARTICLE 4, TABLE 4; ARTICLE 5,
SECTION 5.6.2(H); AND ARTICLE 7, SECTION 7.1.2.5(A)(29) OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, SPECIFICALLY AN EXCEPTION TO PERMIT A REDUCTION IN
THE REQUIRED PARKING WITHIN A TRANSIT ORIENTED DEVELOPMENT
AREA FOR UP TO FIFTY PERCENT (50%); A WAIVER TO ALLOW A TEN
PERCENT (10%) REDUCTION OF THE MINIMUM REQUIRED 500 FEET
FROM AN UNGATED "T3," SUB -URBAN TRANSECT ZONE, FOR A PARKING
REDUCTION; A WAIVER TO ALLOW A TEN PERCENT (10%) INCREASE OF
THE MAXIMUM LOT COVERAGE; AND A WAIVER TO ALLOW STAIRS,
ELEVATORS, OR MECHANICAL EQUIPMENT ON THE ROOF TO EXTEND
ABOVE TEN (10) FEET FOR THE REAL PROPERTY DESIGNATED "T6-8-O,"
URBAN CENTER TRANSECT ZONE —OPEN, GENERALLY LOCATED AT
1511 SOUTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property located at 1511 Southwest 2 Avenue, as more particularly
described in the attached and incorporated Exhibit "A," ("Property") is zoned "T6-8-O," Urban
Core Transect Zone —Open; and
WHEREAS, Habitus Hospitality Fund I LLC, formerly known as Habitus Brickell OOF-A
LLC, ("Applicant") applied for an Exception and three (3) subordinate Waivers, as described
herein, for the Property; and
WHEREAS, the existing Property site is developed with a one (1) story duplex structure
in need of repairs; and
WHEREAS, the Applicant proposes to develop the Property with an eight (8) story
boutique hotel with forty (40) hotel units, a total of 35,497 square feet of Floor Area, and seven
(7) on -site parking spaces; and
WHEREAS, the Applicant applied for an Exception pursuant to Article 4, Table 4 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami
21 Code") which requires approval of an Exception to allow a reduction in the required parking
for a property located within a "T6-8-O," Urban Core Transect Zone —Open; and
WHEREAS, the Miami 21 Code allows for a reduction of the required parking spaces for
up to fifty percent (50%) for "T6-8-O," Urban Core Transect Zone —Open, sites within a Transit
Oriented Development ("TOD") area, except for sites within five hundred (500) feet of an
City of Miami Page 1 of 4 File ID: 15264 (Revision:) Printed On: 2/15/2024
File ID: 15264 Enactment Number: R-24-0047
ungated "T3," Sub -Urban Transect Zone, by process of Exception with City Commission
approval and payment into a transit enhancement Trust Fund; and
WHEREAS, the Property site is located within a designated TOD area, and is located
496.5 feet away from the nearest "T3," Sub -Urban Transect Zone, as per the distance survey
provided by the Applicant; and
WHEREAS, the Applicant requests a Waiver of the 500-foot distance requirement from a
"T3," Sub -Urban Transect Zone, pursuant to Section 7.1.2.5(a)(29) of the Miami 21 Code, to
meet the criteria of the aforementioned parking reduction as per Article 4, Table 4, of the Miami
21 Code; and
WHEREAS, the Applicant requests a Waiver to permit a ten percent (10%) increase of
the maximum lot coverage of eighty percent (80%), pursuant to Section 7.1.2.5(a)(29) of the
Miami 21 Code; and
WHEREAS, the Applicant requests a Waiver to exceed the maximum height of ten (10)
feet for enclosures for stairs, elevators, or mechanical equipment or for ornamental Building
features above the maximum height, pursuant to Section 5.6.2(h) of the Miami 21 Code; and
WHEREAS, the Planning Department finds the proposed Exception and subordinate
Waivers to be consistent with the applicable criteria of Article 7, Section 7.1.2.6 of the Miami 21
Code, including the criteria in Article 4, Table 12; and
WHEREAS, the proposed Exception and Waivers are consistent with the goals of the
Miami 21 Code and the Miami Comprehensive Neighborhood Plan ("MCNP") Future Land Use
Goal LU-1.3.15, which seeks to "encourage a development pattern that enhances existing
neighborhoods by developing a balanced mix of uses including areas for employment,
shopping, housing, and recreation in close proximity to each other"; and
WHEREAS, the Planning Department reviewed the application and finds the proposed
Exception consistent with the goals of the Miami 21 Code and the MCNP; and
WHEREAS, the Planning Department, pursuant to Article 7, Sections 7.1.2.5 and 7.1.2.6
of the Miami 21 Code recommends approval with conditions; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
103 by a vote of seven to zero (7-0), Item No. PZAB.12, recommending approval with conditions
of the Exception and Waivers; 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 and Waivers;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
City of Miami Page 2 of 4 File ID: 15264 (Revision:) Printed on: 2/15/2024
File ID: 15264 Enactment Number: R-24-0047
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 City Commission approves with conditions an Exception and three (3)
subordinate Waivers pursuant to Article 4, Table 4; Article 5 Section 5.6.2(h); and Article 7,
Section 7.1.2.5(a)(29) of the Miami 21 Code, specifically an Exception to permit a reduction in
the required parking within a Transit Oriented Development area for up to fifty percent (50%); a
Waiver to allow a ten percent (10%) reduction of the minimum required five hundred (500) feet
from an ungated "T3," Sub -Urban Transect Zone, for a parking reduction; a Waiver to allow a
ten percent (10%) increase of the maximum lot coverage; and a Waiver to allow stairs,
elevators, or mechanical equipment on the roof to extend above ten (10) feet for the real
property designated "T6-8-O," Urban Center Transect Zone —Open, generally located at 1511
Southwest Avenue, Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A," subject to the following conditions:
1. The Project shall be developed in accordance with the plans and supporting documents
submitted, bearing the ePlan stamp for Exception PZ-22-15497.
2. Any signage shall be processed under a separate permit in accordance with Article 10 of the
Miami 21 Code.
3. Pursuant to Miami 21 Code, Section 7.1.2.6(e), "[a]n 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."
4. Pursuant to Miami 21 Code, Section 7.1.2.5(f), "[a] Waiver 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 upon approval by the Zoning Administrator."
5. The Applicant, owner, and any successor shall meet the conditions of all applicable local,
state, and federal regulations.
6. The Applicant, owner, and any successor must meet all applicable building codes, land
development regulations, ordinances, and other laws and pay all applicable fees due prior to
the issuance of any building permit.
7. Any modifications 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.
8. The City reserves the right to inspect the Property site to ensure compliance with the
conditions as listed.
9. 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 the Code of the City of
Miami, Florida, as amended, ("City Code").
10. Approval for the requested parking reduction is conditional upon the payment into a transit
enhancement Trust Fund, as established by Chapter 35 of the City Code, and City
Commission approval of the Exception prior to the issuance of any building permit.
City of Miami Page 3 of 4 File ID: 15264 (Revision:) Printed on: 2/15/2024
File ID: 15264 Enactment Number: R-24-0047
11. Approval for the requested parking reduction is conditional upon the approval of the
requested subordinate Waiver to permit a ten percent (10%) reduction of the minimum
required 500 feet from an ungated "T3," Sub -Urban Transect Zone.
12. Parking space calculations shall be conditional upon the approval of the requested
Exception by the City Commission.
13. Contribution to public benefits for additional Floor Area shall be required prior to the
issuance of any building permit.
14. Impact fees and an approved demolition permit shall be required, as applicable, prior to the
issuance of any building permit.
15. A landscape plan in compliance with the regulations of the Miami 21 Code shall be required
prior to the issuance of any building permit.
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 become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
"ndez, ity ttor
1 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: 15264 (Revision:) Printed on: 2/15/2024