HomeMy WebLinkAboutR-23-0442City of Miami
Resolution R-23-0442
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14565 Final Action Date: 9/28/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS THREE (3) EXCEPTIONS AND FOUR (4)
SUBORDINATE WAIVERS PURSUANT TO ARTICLE 7, SECTIONS 7.1.2.5,
7.1.2.6, 7.1.3.5, 7.2.3, 7.2.5.29, 7.2.6, AND 7.2.8 OF ORDINANCE NO. 13114,
THE ZONING OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21
CODE"), MORE SPECIFICALLY, AN EXCEPTION TO PERMIT THE
EXPANSION OF A NONCONFORMING USE TO BE CONTINUED FOR
TWENTY (20) YEARS; AN EXCEPTION TO PERMIT THE EXPANSION OF
LESS THAN 50 PERCENT OF THE SQUARE FOOTAGE OF THE
STRUCTURE; AN EXCEPTION TO PERMIT THE MODIFICATION OF A
SPECIAL EXCEPTION APPROVED UNDER A PREVIOUS CODE; A WAIVER
TO PERMIT A TEN PERCENT (10%) INCREASE OF THE FIFTY PERCENT
(50%) NONCONFORMING USE STANDARD TO FIFTY-FIVE PERCENT (55%);
A WAIVER TO PERMIT FOR A TEN PERCENT (10%) REDUCTION IN
PARKING REQUIREMENTS; A WAIVER TO PERMIT A NONCONFORMING
SITE IMPROVEMENT; AND A WAIVER TO PERMIT THE REDUCTION IN THE
WIDTH OF A PARKING SPACE FOR THE REAL PROPERTY DESIGNATED
"T5-R," URBAN CENTER ZONE TRANSECT ZONE — RESTRICTED, AT
APPROXIMATELY 1900 BRICKELL AVENUE, MIAMI, FLORIDA, MORE
PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-
23-086 by a vote of eight to zero (8-0), Item No. PZAB.20, recommending approval of the
Exceptions and Waivers; and
WHEREAS, the property is located at 1900 Brickell Avenue, Miami, Florida and is more
particularly described in Exhibit "A," attached and made a part hereof (the "Property"); and
WHEREAS, the Property is surrounded by the following thoroughfares: Southeast 15th
Road to the north, Brickell Avenue to the east, Rickenbacker Causeway to the south, and South
Miami Drive to the west; and
WHEREAS, based on the Property's Lot Size is approximately 0.553 acres or 18,000 sq.
ft.; and
WHEREAS, the Applicant's current application is linked to the Applicant's recently
approved Special Appearance application - PZ-22-15606 - 1900 Brickell Avenue; and
City of Miami Page 1 of 5 File ID: 14565 (Revision: A) Printed On: 7/30/2024
File ID: 14565 Enactment Number: R-23-0442
WHEREAS, the Property is located within a "T5-R," Urban Center Zone — Restricted
Transect Zone ("T-5 Transect Zone"); and
WHEREAS, the T-5 Transect Zone consists of higher Density Mixed -Use Building types
that accommodate Office Uses, such as the Applicant's permitted, Nonconforming Medical
Office Use; and
WHEREAS, pursuant to Section 7.2.6 of the Miami 21 Zoning Code, upon application,
the Miami City Commission may grant by Exception an extension for continuance of the
Nonconforming Use for an additional term of up to twenty (20) years; and
WHEREAS by process of Exception, the Applicant is expanding their existing two-story
structure containing the Nonconforming Medical Office Use with 2,235 square feet of new
construction; and
WHEREAS, on January 23, 1997, the City Commission adopted Resolution No. 97-73,
thereby granting a Special Exception pursuant to Ordinance No. 11000, the previous zoning
ordinance, ("Special Exception 97-73") which permitted a health clinic (medical office) for the
Property, subject to the following conditions, all of which were included in a recorded covenant:
(a) the health clinic (medical office) shall be used only for consultation relating to
plastic surgery; no medical or surgical procedures of any kind shall be
performed anywhere on the property; (b) there shall be no overnight stays in
the facility; (c) the consultation at the health clinic (medical office) shall occur
between the hours of 9:00 A.M. to 6:00 P.M. only; (d) at no time may property
owner make any changes to the exterior of the building or the site plan
without prior City Commission approval at a public hearing, all expenses of
which shall be borne by the property owner; (e) the title to the property shall
not be transferred without prior approval of the commission at a public
hearing, all expenses of which shall be borne by the property owner; (f) there
shall be no more than three persons employed by the health clinic (medical
office); the property owner/plastic surgeon, one nurse, and one clerical
person; (g) there shall be no overflow parking on the grass; and (h) parking at
the facility shall be limited to the twelve (12) parking spaces presently
reflected on the site plan, of which eight shall be paved and four shall be "turf -
block" (grass).
WHEREAS, the City Commission released the above -referenced covenant at the
July 27, 2023, City Commission meeting pursuant to the adoption of Resolution No. R-
23-0346; and
WHEREAS, in accordance with Section 7.1.3.5 d.(c) of the Miami 21 Code, the Property
owner desires to modify Special Exception 97-73 by this new Exception to maintain the Medical
Office Use but removing all of the other Use Limitations, subject to the new conditions set forth
below; and
WHEREAS by process Waiver, the Applicant is requesting a ten percent (10%) increase
in the fifty percent (50%) square footage maximum for the existing two-story Nonconforming
Structure containing the Nonconforming Use up to fifty-five percent (55%), which equates to
2,235 square feet of new construction; and
City of Miami Page 2 of 5 File ID: 14565 (Revision: A) Printed on: 7/30/2024
File ID: 14565 Enactment Number: R-23-0442
WHEREAS by process of Waiver, the Applicant is requesting a ten percent (10%)
decrease in the parking requirement for Office Use from three (3) parking spaces per 1,000
square feet to 2.7 parking spaces per 1,000 square feet; and
WHEREAS, by process of Waiver, the Applicant's expansion of their existing two-story
Nonconforming Structure containing a Nonconforming Medical Office Use does not increase the
nonconformity; and
WHEREAS by process of Waiver, the Applicant is requesting a ten percent (10%)
decrease in the parallel parking space from 9.5 feet to 8.6 feet; and
WHEREAS, the Planning Department has reviewed the application and finds the
proposed three (3) Exceptions and subordinate four (4) Waivers is consistent with the goals of
the Miami Comprehensive Neighborhood Plan (MCNP) and Miami 21 Code; and
WHEREAS, the Planning Department, pursuant to Article 7, Sections 7.1.2.5 and 7.1.2.6
of the Miami 21 Code, as amended, recommends Approval with Conditions; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the MCNP, land use regulations of 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 set forth in Section 2 of this Resolution below; 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 approved with conditions the requested three
(3) Exceptions and four (4) subordinate Waivers;
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. The Miami City Commission hereby approves the three (3) Exceptions and
four (4) subordinate Waivers pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.5 of the Miami 21
Code, subject to the following conditions:
1. The proposed expansion of the existing two-story Nonconforming Structure containing
the Nonconforming Medical Office Use shall be developed in accordance with the plans
prepared and digitally signed by Donald J Obando, State of Florida Licensed Architect
AR94895 and supporting documents bearing the e-Plan approval stamp PZ-22-11992-
EX.
2. The Medical Office Use shall be limited to Office, Health Clinic/Medical Office Uses and
Out -Patient Medical Center with no overnight stays for patients.
3. Any tree removal, relocation and/or planting shall require review and approval from
Environmental Resources.
City of Miami Page 3 of 5 File ID: 14565 (Revision: A) Printed on: 7/30/2024
File ID: 14565 Enactment Number: R-23-0442
4. Signage is not a part of this application and shall be reviewed and approved under a
separate permit application.
5. At the Building Permitting Phase, the Applicant shall update their plan drawing — A-12,
Exterior Elevations (Proposed) to reflect correct Average Sidewalk Elevation of 19.75
feet.
6. At the Building Permitting Phase, the Applicant shall update their plan drawing — LS-1,
Landscape (Proposed), with the planting of "Street Trees" per the requirements per
Article 9, Section 9.2.2.c of the Miami 21 Code.
7. Subject property shall comply with all Building Code regulations and shall not have any
open code violations at the time of issue the permitting.
8. Any noise generated on site shall conform to Chapter 36 of the City Code, as amended,
including any future amendments for noise regulation. Concerns or complaints related to
noise nuisance shall be addressed and resolved immediately.
9. The Applicant shall follow the Ambient Standards (T5) of Article 5, Section 5.5.7 of
Miami 21 Code with average lighting levels measured at the Building Frontage shall not
exceed 5.0 fc (foot-candles) and the lighting of Building and contingent Open Spaces
shall be compatible with street lighting of Abutting public spaces as illustrated in Article 8
of Miami 21 Code.
10. All outdoor light fixtures that abut Single Family Residence(s) or Multi Family Housing
shall be fully or partially shielded, except for emergency lighting, and lighting fixtures not
in compliance are allowed provided they are extinguished between the hours of 10:00
p.m. and 6:00 a.m. by an automatic timer.
11. Failure to comply with the conditions herein may result in a citation with a daily running
fine per condition violated or the revocation of this permit.
12 The City reserves the right to inspect the site to ensure compliance with the conditions
as listed.
13. Pursuant Article 7 Section 7.1.2.6.e, 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 (1) time extension, for a period not to
exceed an additional year, may be obtained upon approval by the Planning Director.
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.'
1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 5 File ID: 14565 (Revision: A) Printed on: 7/30/2024
File ID: 14565 Enactment Number: R-23-0442
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C1ty -ttor -y 7/29/2024
City of Miami Page 5 of 5 File ID: 14565 (Revision: A) Printed on: 7/30/2024