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Home My WebLink AboutPZAB (14775) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-103 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14775 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL WITH CONDITIONS OF 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, ("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 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 ("Property"), as more particularly described in the attached and incorporated Exhibit "A," 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 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 City of Miami Page 1 of 4 File ID: 14775 (Revision:) Printed On: 1/11/2024 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 500 feet of an 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 site, as per the distance survey provided by the Applicant; and WHEREAS, the Applicant requests a Waiver of the 500-foot distance requirements 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 applicable Criteria of Article 7, Sections 7.1.2.6 of the Miami 21 Code, including Article 4, Table 12; and WHEREAS, the proposed Exception and Waivers are consistent with the goals of Miami 21 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 has reviewed the application and finds the proposed Exception is 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") has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and WHEREAS, the PZAB 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 recommend approval with conditions of the requested Exception; City of Miami Page 2 of 4 File ID: 14775 (Revision:) Printed On: 1/11/2024 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD 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 PZAB hereby recommends to the City Commission approval with conditions of 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, ("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 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. City of Miami Page 3 of 4 File ID: 14775 (Revision:) Printed On: 1/11/2024 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. 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 be effective immediately upon its adoption. Reviewed and Approved: David Snow AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 14775 (Revision:) Printed On: 1/11/2024 "Exhibit A" Legal Description: This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applica decision -making body NOR resew the information at the pubc hearing to render a recommendation or a final decla on. LOT 2, BLOCK 29, HOLLEMAN PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PZ-22-15497 10/04/23