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Home My WebLink AboutAnalysis and MapsDocuSign Envelope ID:FA2E66DE-6E24-48FD-B276-3102429096A9 This submittal needs to be scheduled fora pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applica de decision -making body NOR reWew the information at the pu biic hearing to render a recommendation or a final decla on. PZ-22-15606 06/22/23 City of Miami Planning Department ANALYSIS FOR SPECIAL APPEARANCE Staff Analysis Report No. PZ-22-15606 Location 1900 Brickell Avenue Miami 21 Transect "T5-R", Urban Center Zone MCNP Medium Density Multifamily Residential City Commissioner District 2 City Commissioner Sabina Covo Planner Darren Murphy, Planner II; Email: dmurphy@miamigov.com Property Owner Dr. Jorge Suarez -Menendez Project Representative Elinette Ruiz -Diaz de la Portilla; erportilla@gunster.com A. REQUEST Dr. Jorge Suarez -Menendez (the "Applicant") of the site located at 1900 Brickell Avenue, Miami, Florida (the "Subject Property"), as legally described in Attachment 1, requests a Special Appearance to Rescind Resolution: R-12-0229, please see Attachment #2, to Modify Resolution 97-73, please see attachment #3, and the corresponding Declaration of Restrictive Covenants, please see Attachment #4. B. RECOMMENDATION The Planning Department recommends the Approval to Rescind Resolution: R-12-0229, to Modify Resolution 97-73 and the corresponding Declaration of Restrictive Covenants as presented by the Applicant, based upon the facts and findings in this staff report. Staff Analysis Report No. PZ-22-15606: 1900 Brickell Ay - Special Appearance — Page 1 of 6 DocuSign Envelope ID:FA2E66DE-6E24-48FD-B276-3102429096A9 This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applice de decision -making body NOR ro cw the Information at the public hearing to render a recommended on or a final decla on. PZ-22-15606 06/22/23 C. SUBJECT PROPERTY'S INFORMATION Per the Applicant's legal description, please see Attachment 1, the Property is legally described as: LEGAL DESCRIPTION: THE SOUTHEAST 1 80 FEET OF LOT 21, IN BLOCK A, OF FLAGLER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 44, OF THE PUBLIC RECORD S OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE MOST SOUTHERLY CORNER OF LOT 21, NORTHWEST ALONG THE SOUTHWEST BOUNDARY LINE OF LOT 21 FOR 180 FEET; NORTHEAST PARALLEL WITH 180 FEET NORTHWEST FROM THE NORTHWEST BOUNDARY LINE OF BRICKELL AVENUE FOR 100 FEET TO THE NORTHWEST BOUNDARY LINE OF LOT 21; SOUTHEAST ALONG THE NORTHEAST BOUNDARY LINE OF LOT 21 FOR 180 FEET TO THE NORTHWEST BOUNDARY LINE OF BRICKELL AVENUE; SOUTHWEST ALONG THE NORTHWEST BOUNDARY LINE OF BRICKELL AVENUE AND ALONG THE SOUTHEAST BOUNDARY LINE OF LOT 21 FOR 100 FEET TO THE POINT OF BEGINNING. The Property is bounded by the following City of Miami (the "City") Thoroughfares: to the north — SW 18 Terrace, to the east — Brickell Avenue, to the south — SW 20 Street, and to the west — S Miami Avenue, please refer to Figure 1. The Property is approximately 18,000 sq. ft. or 0.553 acres and has a two (2) Story Building and an auxiliary one (1) Story structure. The Miami 21's Zoning classification for this Property is "T5-R", Urban Center Zone (T5-R), and the Miami Comprehensive Neighborhood Plan's (MCNP) Future Land Use (FLU) designation is "Medium Density Multifamily Residential" and is within the Urban Central Business District Overlay. Refer to Figures 2 and 3. Staff Analysis Report No. PZ-22-15606: 1900 Brickell Ay - Special Appearance — Page 2 of 6 DocuSign Envelope ID:FA2E66DE-6E24-48FD-B276-3102429096A9 Figure 1: Aerial of the Subject Property (1900 Brickell Avenue) - cyan blue outline Figure 2: Future Land Use Designations: Light Yellow = Single Family Residential, Light Pink = Medium Density Multifamily Residential, and Light Orange = High Density Multifamily Residential This submittal needs to be scheduled fora pubic hearing In accordance whh Idmatinee set forth in the City of Miami Code. The applice de decision -making body NOR reWew the intonation at the public hearing to render a recommendation or a final decla on. PZ-22-15606 06/22/23 Figure 3: Miami 21 Transect Zones: T3-R = Yellow; T5- R = Orange; T6-24A-R = Pink Staff Analysis Report No. PZ-22-15606: 1900 Brickell Ay - Special Appearance — Page 3 of 6 DocuSign Envelope ID:FA2E66DE-6E24-48FD-B276-3102429096A9 4 PURL, G 0 Q Q. D. NEIGHBORHOOD CONTEXT NOTICE This submittal needs b be scheduled for a public hearing In accordance with dmellnes set forth in the City of Miami Code. The applica de decision -making body NOR relew the information at the public hearing to render a recommendation or a final decision. 44, ''VIEW COr- PZ-22-15606 06/22/23 Miami 21 MCNP / Density Existing Use North "T5-R", Urban Center Zone Medium Density Multifamily Residential/ / 65 du per acre Residential, Multi Family Housing South "T5-R", Urban Center Zone Medium Density Multifamily Residential/ / 65 du per acre Residential, Multi Family Housing East "T6-24A-R", Urban Core Zone High Density Multifamily Residential / 150 du per acre Residential, Multi Family Housing West "T3-R", Sub -Urban Zone Single Family — Residential / 9 du per acre Residential, Single Family Residence Table 1: The Property's Surrounding Uses: Existing Land Uses, Transept Zones, and Existing Uses The Subject Property Neighbors' is predominated by Residential Uses with Single Family Residences to the west and Multifamily Residences to the north, east, and south. Brickell Avenue is the major Commercial Thoroughfare E. BACKGROUND On January 23, 1997, the City Commission approved Resolution 97-73 (the "Special Exception") to permit a Health Clinic (the "Medical Office") in connection with the Property along with the Special Exception and a Declaration of Restrictive Covenants (the "Declaration") that was voluntarily proffered by Dr. Suarez -Menendez and accepted by the City Commission. The Special Exception included eight (8) Conditions of Approval and the Declaration included seven (7) Use limitations. The City Commission approved a further modification to the Declaration on June 14, 2012, Resolution: R-12-0229 ("R-12-0229"). F. REQUEST To rescind Resolution R-12-0229 and to modify both the Special Exception and the Declaration for the Property as follows: 1. Modify use limitation "A" to read as follows: "The use shall be limited to Office, Health Clinic/Medical Offices, and Out -Patient Medical Center with no overnight stays." 2. Delete Use Limitations: B, C, D, E, F, and G. Staff Analysis Report No. PZ-22-15606: 1900 Brickell Ay - Special Appearance — Page 4 of 6 DocuSign Envelope ID:FA2E66DE-6E24-48FD-B276-3102429096A9 This submittal needs to be scheduled fora pubic hearing In aaordancc whh timelines set forth in the City of Miami Code. The applice de decision -making body NOR ro cw the Information at the public hearing to render a recommended on or a final decla on. PZ-22-15606 06/22/23 G. ANALYSIS Based on the Applicant's Declaration, the Owner voluntarily covenanted and agreed that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns per Sections 1-8, as stipulated. The Applicant is seeking to make these modifications through Section 6 - Amendment and Modification: "This instrument may be modified, amended or released as to any portion of the property by a written instrument executed by the then owner(s) of the fee simple title to the land to be affected by such modification, amendment or release, provided that same has been approved by the City of Miami City Commission at a public hearing, which public hearing shall be applied for and at the expense of Owner. Should this instrument be so modified, amended or released, the Director of the [Planning] Department, or [their] successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release." H. COVENANT RELEASE COMMITTEE On June 15, 2023, the Covenant Release Committee met and recommended the Applicant's request to Rescind R-12-0229, to Modify the Special Exception and the corresponding Declaration in connection with that certain property located at 1900 Brickell Avenue, folio number 01-4139-001-2210. I. CONCLUSION Based upon the analysis herein and the recommendation from the Covenant Release Committee, the Planning Department recommends Approval to Rescind R-12-0229, Modify the Special Exception and the corresponding Declaration. Staff Analysis Report No. PZ-22-15606: 1900 Brickell Ay - Special Appearance — Page 5 of 6 DocuSign Envelope ID:FA2E66DE-6E24-48FD-B276-3102429096A9 This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applicade decision -making bcdywill renew the information at the pubc hearing to render a recommendation or a final decision. ,—DocuSigned by: (AtisL �uLC `-7F35EEF0C6C349F... Lakisha Hull, AICP, LEED AP BD+C Planning Director ,—DocuSigned by: Soy S'kr `.-347FCAr,FOF7E446 Sevanne Steiner, CNU-A, Assistant Director, Planning Department DocuSigned by: D74C E481... Darren Murphy, Planner II Planning Department Attachments: Attachment 1: Legal Description of the Property Attachment 2: Resolution No. 97-73 (the "Special Exception"), City Commission Meeting of January 23, 1997 Attachment 3: Declaration of Restrictive Covenants (the "Declaration") dated March 31, 1997, and Recorded in Official Records Book 17604, Pages 3735-3770, of the Public Records of Miami -Dade County, Florida, for the Property Located at approximately 1900 Brickell Avenue, Miami, Florida Attachment 4: Resolution: R-12-0229 Staff Analysis Report No. PZ-22-15606: 1900 Brickell Ay - Special Appearance — Page 6 of 6 PUBL. DocuSign Envelope ID:FA2E66DE-6E24-48FD-B276-3102429096A9 NOTICE 4 0 Q Q. NOTICE This submittal needs to be scheduled fora pubic hearing In acoordanrewM1h timelines set forth in the City of Miami Code. The applica de decision -making body NOR reAcw the information at the public hearing to render a recommendation or a final decla on. 44, RSV! EW COr- PZ-22-15606 06/22/23 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. miam igov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver. Staff Analysis Report No. PZ-22-15606: 1900 Brickell Ay - Special Appearance — Page 7 of 6 MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-22-15606 SPECIAL APPEARANCE ADDRESS: 1900 BRICKELLAV 0 125 250 500 Feet eb. ..co Nio� NOTICE (This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicade decision-rna king body will review the information at the public hearing to render a n-commendad on or a final decis on. AERIAL EPLAN ID: PZ-22-15606 SPECIAL APPEARANCE ADDRESS: 1900 BRICKELLAV 0 125 250 500 Feet NOTICE This submittal needs to be scheduled for a public hearing in accordance with omermes set forth in the City of Miami Code. The applicade decision-rnaking body NOR renew the information at the public hearing to render a recommendation or a final dec.Won. PZ-22-15606 06/22/23