HomeMy WebLinkAboutAnalysis and MapsCity of Miami
Planning
Department
ANALYSIS FOR
EXCEPTION
This submittal needs to be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body NOR
rodew the information at the pubc hearing to render a
recommendation or a final decla on.
PZ-22-11992
08/31/23
Staff Analysis Report No.
PZ-22-11992
Location
1900 Brickell Avenue
Folio Number
0141390012210
Miami 21 Transect
"T5-R", Urban Center Transect Zone - Restricted
MCNP Designation
Medium Density Multifamily Residential
City Commissioner District:
Sabina Covo 2
Commissioner District
Office:
Downtown-Brickell
Planner
Darren Murphy, Planner II; Email: dmurphy@miamigov.com
Property Owner
Dr. Jorge Suarez -Menendez
Project Representative
Elinette Ruiz -Diaz de la Portilla, Esq.
A. REQUEST
Pursuant to Article 7, Section 7.1.2.6 of Ordinance 13114 ("Miami 21 Code"), as amended, Dr.
Jorge Suarez -Menendez (the "Applicant") approving three (3) Exceptions and four (4) Waivers
pursuant to Article 7, Sections 7.1.2.5, 7.1.2.6, 7.1.3.5, 7.2.5.29, 7.2.6, and 7.2.8 of Ordinance
No. 13114 ("Miami 21 Code"), as amended an Exception to permit the expansion of an existing
two-story house containing a nonconforming use ("Medical Office"), and Exception for the
Nonconforming Use to be continued for an additional 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, a Waiver to permit a 10 percent increase of the
50 percent nonconforming use standard to 55 percent; a Waiver to permit for a 10 percent
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, (the "Property").
B. RECOMMENDATION
Pursuant to Article 7, Sections 7.1.2.5 and 7.1.2.6 of the Miami 21 Code, the Planning
Department Approves with Conditions three (3) Exceptions and four (4) Waivers based upon
the facts and findings in this staff report.
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 1 of 11
09/01/2022
NOTICE
This submittal needs b be scheduled for a puboc hearing
In accordance with timelines set forth in the City of
Miami Code. The applicade decision -making bodywill
rodew the information at the punt hearing to render a
recommendation or a final decision.
PZ-22-11992
08/31/23
C. PROJECT DATA
SURROUNDING USES
Miami 21 Code
Miami Comprehensive
Neighborhood Plan (MCNP)
/ Density (du per acre)
Existing Use(s)
North
"T3-R", Sub -Urban Zone —
Restricted; "T5-R", Urban
Center Zone - Restricted
Single Family Residential, 9
du per acre; Medium Density
Multifamily, 65 du per acre
Single Family
Residence and Multi
Family Housing,
Town hom es
South
"T5-R", Urban Center
Zone - Restricted
Medium Density Multifamily,
65 du per acre
Multi Family Housing,
Condominiums
East
"T5-R", Urban Center
Zone - Restricted
Medium Density Multifamily,
65 du per acre
Multi Family Housing,
Condominiums
West
"T3-R", Sub -Urban Zone —
Restricted;
Single Family Residential, 9
du per acre
Single Family
Residence
Table 1: The Applicant's surrounding neighbors with their associated Land Use, Zoning and Existing Use(s)
RELATED APPROVALS
Date
Action
8/26/2016
BD16-002536-001 - 40 YEAR AND OLDER RECERTIFICATION (Master)
D. BACKGROUND
Site Location & Surrounding Uses
The Property is surrounded by the following Thoroughfares: to the north — Southeast 15' Road,
to the east — Brickell Avenue, to the south — Rickenbacker Causeway, the west — South Miami
Drive, please refer to Figure 1. Based on the Applicant's plan drawing — V-1, Survey, the
Property's Lot Size is approximately 0.553 acres or 18,000 sq. ft.
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 2 of 11
09/01/2022
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Cede. The applicable decision -making body will
redew the information at the pubc hearing to render a
recommendation or a final decla on.
PZ-22-11992
08/31/23
Figure 1: Aerial of subject site (red rectangle outline)
Background - PZ-22-15606 - 1900 BRICKELL AV (the "Special Appearance")
The Applicant's current application is linked to the Applicant's Special Appearance application,
which was heard by the Miami City Commission at their July 27, 2023 meeting, and it was
approved by Resolution No. R-23-0346.
The purpose of this Special Appearance was two -fold:
• R-12-0229 — Modification to a Declaration of Restrictive: it was rescinded
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 3 of 11
09/01/2022
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Cede. The applicable decision -making bodywlll
review the information at the pubc hearing to render a
recommendation or a final decla on.
PZ-22-11992
08/31/23
• 97R168020 - Declaration of Restrictive Covenants: it was modified with the elimination
of specific Use Limitations, while retaining the single Use for Office, Health
Clinic/Medical Office Uses, and Out -Patient Medical Center (collectively the "Medical
Office Use Use") read as follows:
"The use shall be limited to Office, Health Clinic/Medical Office Uses, and Out -
Patient Medical Center with no overnight stays."
Proposals
Modification of the Miami City Commission -approved Special Exception
The Applicant is seeking to modify the Special Exception by both eliminating specific Limited
Use Limitations while retaining the Medical Office Use and removing its conditions and
covenant.
Extension of the "Time Limitation" of the Medical Office Use
The Applicant is seeking to extend the "Time Limitation" for the Medical Office Use by 20 years.
Alterations and Expansion of a Nonconforming Structure
The Applicant is seeking to expand the existing two-story, Nonconforming Structure containing
the Nonconforming Medical Office Use.
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Figure 2: The Applicant's proposed A-3, Site Plan with 2,235 sq. ft. of the new building addition (dark hatching)
located to the rear (right side of the image) of the existing two-story building containing the Nonconforming Use
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 4 of 11
09/01/2022
PUB(,
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NOTICE
This submittal needs b he scheduled for a puboc hearing
in accordance with timelines set forth in the City of
Miami Code.The applica de decision -making bodywill
renew the information at the pubs hearing to render a
recommendation or a final decision.
REVIEW CthiPe
O-
PZ-22-11992
08/31/23
The Property is located within Miami 21 Code's "T5-R", Urban Center Zone — Restricted
Transect Zone (the "T-5 Transect Zone"), refer to Figure 3. The T-5 Transect Zone consists of
higher Density Mixed -Use Building types that accommodate retail and office Uses, such as the
Applicant's permitted, Nonconforming Medical Office Use. Furthermore, the Medical Office Use
aligns with Section 2.1.3.1.g, see below, in terms of offering medical services for the local area
that is predominated by Residential Uses, refer to Table 1.
"A diversity of land use should be distributed throughout the City to enable a variety of economic
activity, workplace, residence, recreation and civic activity."
This project conforms to the applicable Miami 21 Code requirements and is found to be
consistent.
Excepti
Figure 3: Miami 21 Code Transect Zone, the Property (black outline) is with the T5-R Transect
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 5 of 11
09/01/2022
NOTICE
This submittal needs to be scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubc hearing to render a
recommended on or a final decla on.
PZ-22-11992
08/31/23
Exception #1
Criteria 1: pursuant to Article 7, Section 7.2.6.a of the Miami 21 Code, "... upon application, the
City Commission may grant by Exception an extension for continuance of the Nonconforming
Use for an additional term of up to twenty (20) years..."
Analysis 1: The Applicant's Nonconforming Medical Office Use can continue up to 20 years from
the date of the Ordinance of The Miami City Commission for this application.
Finding 1: Complies
Exception #2
Criteria 2: pursuant to Article 7, Section 7.2.6.c.1.2 of the Miami 21 Code to permit the
expansion of less than 50 percent of the square footage of the structure.
Analysis 2: Based on the Applicant's project file — Proposed, A-1, Cover Sheet & Project Data,
they are expanding their existing two-story structure containing a Nonconforming Medical Office
Use, as approved by the Special Exception. This expansion entails approximately 2,235 sq. ft.
(0.55 x Grand Total NC (4,063 sq. ft.)) of new construction. To clarify, the five (5) percent
increase was allowed by Waiver #1. Specifically, Waiver #1 allows the Applicant a 10 percent
increase of the total square footage of the Nonconforming Structure from 50 percent to 55
percent.
Finding 2: Complies
Exception #3
Criteria #3: pursuant to Article 7, Section 7.1.3.5.d.2(c) of the Miami 21 Code: "Special
Exceptions .... shall be amended as an Exception".
Analysis #3: The Applicant is using the Exception permit process, under Article 7, Section
7.1.3.5.d of Miami 21 Code, to modify and delete specific Use Limitations, as shown below:
1. Modified Use limitation "A" — "The use shall be limited to Office, Health Clinic/Medical
Office Uses, and Out -Patient Medical Center with no overnight stays."
2. Deleted Use Limitations, B — G:
"B" — The hours of operation of the health clinic (Medical Office Use) at the property shall
be from 9:00 a.m. to 6:00 p.m., only;
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 6 of 11
09/01/2022
NOTICE
This submittal needs to be scheduled fora puboc hearing
In aaordancc whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubc hearing to render a
recommended on or a final decla on.
PZ-22-11992
08/31/23
"C" — There shall be no transfer of title or interest in the property or in the health clinic
(Medical Office Use) practice without prior Miami City Commission approval after a
public hearing, all expenses of which public hearing shall be borne by the property
owner;
"D" — No changes shall be made to the use of the property or to the exterior or interior of
the building or the remainder of the property without prior City Commission approval
after a public hearing, all expenses of which public hearing shall be borne by the
property owner;
"E" — The practice shall be limited to no more than three (3) persons employed by the
health clinic (Medical Office Use) at the property: the property owner/plastic surgeon,
one nurse, and one clerical person;
"F" — There shall be no overflow parking on the grass;
"G" — Parking spaces at the facility shall be limited to the twelve (12) parking spaces
presently reflected on the site plan, of which eight (8) shall be paved and four (4) shall
be "turf block" (grass) spaces.
Finding #3: The Applicant is using the Exception process, under Article 7, Section 7.1.2.6,
modify and delete specific Use Limitations as part of the Special Exception. Complies
Waiver #1
Criteria #1: pursuant to Article 7, Section 7.2.5.29 of the Miami 21 code to permit a 10 percent
increase in the 50 percent square footage limit for the existing two-story Nonconforming Structure
containing the Nonconforming Use to 55 percent.
Analysis #1: Based on the Applicant's plan drawing — A-1, COVER SHEET & PROJECT DATA,
they have increased the addition to their existing, two-story structure containing the
Nonconforming Use through a Waiver. This Waiver allows the Applicant a 10 percent increase
in the total square footage to a maximum of 55 percent. Thus, allowing the Applicant's addition
of 2,235 sq. ft. of new construction, please refer to the calculation:
2,235 sq. ft — new construction/4,063 sq. ft. — Grand Total NC x 100 = 55 percent.
This works in tandem with Exception #2 in terms of allowing the Applicant to get their requested
2,235 sq. ft. of new construction.
Finding #1: Complies
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 7 of 11
09/01/2022
NOTICE
This submittal needs to be scheduled fora puboc hearing
In aaordancc whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubc hearing to render e
recommended on or a final decla on.
PZ-22-11992
08/31/23
Waiver #2
Criteria #2: pursuant to Article 7, Section 7.2.5.29 of Miami 21 Code: a 10 percent Waiver to
reduce the parking requirement for Office Use from 3 spaces per 1,000 sq. ft. of office use area
to 2.7 spaces per 1,000 sq. ft. under Article 4 Table 4 of Miami 21 Code.
Analysis #2: Based on the Applicant's plan drawing — A-1, Cover Sheet, the Applicant is
requesting Waiver for a 10 percent reduction in the amount of required parking for Office Use
from 3.0 parking spaces per 1,000 sq. ft. of Floor Area to 2.7 parking spaces per 1,000 sq. ft. of
Floor Area, please refer to the calculations:
Calculation #1: 3.0 parking spaces x 0.10 = 0.3. 3.0 parking spaces — 0.3 = 2.7 parking spaces.
Calculation #2: 4,681 sq. ft. of Habitable Spaces (as defined under Article 1, Section 1.2) x 2.7
parking spaces/1,000 sq. ft. = 12.6 or 13 parking spaces required.
Therefore, the Applicant's request for three (3) parking spaces complies with Miami 21 Code's
parking requirements.
Finding #2: Complies
Waiver #3
Criteria #3: pursuant to Article 7, Section 7.2.8(a) of the Miami 21 Code, it states that no change
shall be made in any nonconforming site improvement which increases the nonconformity.
Changes may be approved by Waiver.
Analysis #3: The Applicant's expansion of their existing two-story structure containing a
Nonconforming Use for a Medical Office Use increases the nonconformity with the addition of
2,235 sq. ft. of new construction. However, it is negated and remedied by the Applicant's other
Exceptions and Waivers, as allowed under Miami 21 Code.
Finding #3: Complies.
Waiver #4:
Criteria #4: pursuant to Article 7, Section 7.2.5.29 of Miami 21 Code to permit the reduction in
the width of a parallel parking space.
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 8 of 11
09/01/2022
NOTICE
This submittal needs to be scheduled fora puboc hearing
In aaordancc whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubc hearing to render a
recommended on or a final decla on.
PZ-22-11992
08/31/23
Analysis #4: Based on the Applicant's plan drawing — A-3, Site Plan and Legend, Existing, the
Applicant is using a Waiver to reduce one (1) parallel parking space "#13" by 10 percent from
9.5 feet to 8.5 feet, please refer to the calculations:
Calculation #1: 9.5 feet x 0.10 = 0.95.
Calculation #2: 9.5 feet — 0.95 feet = 8.55 feet or 8.6 feet (8'-6")
Finding #4: Complies.
E. NEIGHBORHOOD SERVICES
Pursuant to Article 7, Section 7.1.3.4 of the above Miami 21 Code, the Planning Department
has made referrals to the agencies listed below:
• Office of Zoning
• Downtown/Brickell Commissioner District Office
• Office of Public Works
F. FINDINGS
• The Property is located with the City of Miami's (the "City") MCNP's Future Land
Designation of "Medium Density Multifamily Residential" and the Miami 21 Code's "T5-
R", Urban Center Zone — Restricted Transect Zone.
• The Applicant's two-story Nonconforming structure houses the Nonconforming "Medical
Office Use" Use, which was approved by a Special Exception.
• The Applicant modified their Special Exception, by process of Exception, to limit their
Medical Office Use to only Office, Health Clinic/Medical Office Uses and Out -Patient
Medical Center procedures with no overnight stays.
• The Applicant's is expanding their two-story nonconforming structure by 2,235 sq. ft. of
new construction or additional Habitable Space consisting of additional work -related
Medical Office Use spaces.
• The Applicant is adding three (3) parking spaces for a total of 13 parking spaces to
service their expanded two-story Nonconforming Structure.
G. CONCLUSION
Pursuant to Article 7, Sections 7.1.2.6, and 7.1.2.5 of the Miami 21 Code, and Chapter 4-,
Alcoholic Beverages of the City Code, the Planning Department recommends Approval with
Conditions of the two (2) Exceptions and four (4) Waivers with the following conditions:
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 9 of 11
09/01/2022
NOTICE
This submittal needs to be scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubc hearing to render a
recommended on or a final decla on.
PZ-22-11992
08/31/23
H. 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.
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 will 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.
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 10 of 11
09/01/2022
4
0 Pusl..r
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The appli®de decision -making body will
rodew the information at the pubec hearing to render a
recommended on or a final decla on.
PZ-22-11992
08/31/23
44,
'9e EW CO°Q
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 fora 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.
�—DocuSigned by:
(,Acis(A,a, Rd,
—7F35EEFOC6C349F...
Lakisha Hull, AICP, LEED AP BD+C
Planning Director
DocuSigned by:
3A75CAC5AF7E446...
Steiner, Sevanne, Assistant Director, CNU
Planning Department
DocuSigned by:
Ffs59Pr®+Q@14O1...
Darren Murphy, Planner II
Planning Department
NOTICE
The Final Decision of the Planning Director, or his/her designee, may be appealed to the
Planning, Zoning and Appeals Board by any aggrieved party within fifteen (15) days of the
date of the posting of the decision on the City's website. The filing of an appeal, and
payment of appropriate fee, may be submitted online at
https://www.miamiuov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver.
Staff Analysis Report No. (PZ-22-11992: 1900 BRICKELL AV -Exception) — Page 11 of 11
09/01/2022
MIAMI 21 ATLAS (EXISTING)
EPLAN ID: PZ-22-11992
EXCEPTION
ADDRESS: 1900 BRICKELLAV
0
125
250
500 Feet
This submittal needs to be schedted for a public hearing
in accord ance with timelines set forth in the City of
Miami Ccde. The applica de decision-rna king body will
renew the infomnauon at the public hearing to render a
recommendation or a final decision.
PZ-22-11992
08/31/23
AERIAL
EPLAN ID: PZ-22-11992
EXCEPTION
ADDRESS: 1900 BRICKELLAV
0 125 250
500 Feet
1
This submittal needs to be scheduled for a public hearing
in accordance with timelines set forth in the City of
Miami Cede. The applicatle decision -making body will
review the information at the public hearing to render a
recommendation or a final decia on.
PZ-22-11992
08/31/23