HomeMy WebLinkAboutR-24-0048City of Miami
Resolution R-24-0048
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15266 Final Action Date: 1/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION
PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 AND ARTICLE 4, DIAGRAM 11
OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AND CHAPTER 23, TITLED "HISTORIC
PRESERVATION," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO ALLOW FOR THE TRANSFER OF DEVELOPMENT DENSITY
OF ONE (1) DWELLING UNIT TO AN EXISTING MULTIFAMILY BUILDING
LOCATED WITHIN A TRANSIT ORIENTED DEVELOPMENT ("TOD") AREA AT
THE REAL PROPERTY DESIGNATED "T4-L," GENERAL URBAN TRANSECT
ZONE - LIMITED, GENERALLY LOCATED AT 3265 BIRD AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Bolonki, LLC ("Applicant") applied to the City of Miami ("City") for an
Exception to allow for the transfer of one (1) dwelling unit to an existing Multi -Family Building,
pursuant to Article 4, Diagram 11 of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code") and Chapter 23, titled "Historic Preservation," of
the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the property located at 3265 Bird Avenue, as more particularly described in
the attached and incorporated Exhibit "A," ("Property") is zoned "T4-L," General Urban Transect
Zone - Limited; and
WHEREAS, Article 4, Diagram 11 of the Miami 21 Code requires an Exception with City
Commission approval to allow the one (1) additional dwelling unit at an existing Multi -Family
Building located within a Transit Oriented Development area ("TOD") through the Transfer of
Development Density program for a property located within a "T4-L," General Urban Transect
Zone — Limited zoning designation; and
WHEREAS, the allowable development Density in a "T4-L," General Urban Transect
Zone — Limited, is thirty-six (36) dwelling units per acre; and
and
WHEREAS, the Property site is 0.164 acres; and
WHEREAS, the number of permitted dwelling units on the Property is ten (10); and
WHEREAS, the existing Multi -Family Building is developed with ten (10) dwelling units;
WHEREAS, the Property is located within a TOD; and
City of Miami Page 1 of 3 File ID: 15266 (Revision: A) Printed On: 7/22/2025
File ID: 15266 Enactment Number: R-24-0048
WHEREAS, Chapter 23 of the City Code establishes the Transfer of Development
Density program; and
WHEREAS, the transfer of one (1) dwelling unit would be transferred from a designated
historic resource; and
WHEREAS, the transfer of one (1) dwelling unit would result in eleven (11) dwelling units
on the Property; and
WHEREAS, the Planning Department finds the proposed increase in development
density to be consistent with Article 4, Diagram 11 and Article 7, Section 7.1.2.6 of the Miami 21
Code as well as Chapter 23 of the City Code; and
WHEREAS, the proposed Exception is consistent with the goals of the Miami 21 Code
and the Miami Comprehensive Neighborhood Plan ("MCNP") Policy TR 1.1.5's intent to
encourage new development to be structured to reinforce a pattern of neighborhoods and urban
centers by focusing growth along transit corridors, transit nodes, and transit centers; and
WHEREAS, the Planning Department reviewed the application and found the proposed
Exception is consistent with the goals of the Miami 21 Code and the MCNP; and
WHEREAS, the Planning Department, pursuant to Article 4, Diagram 11 and Article 7,
Section 7.1.2.6 of the Miami 21 Code as well as Chapter 23 of the City Code recommended
approval of the Exception, 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-
102 by a vote of seven to zero (7-0), Item No. PZAB.13, recommending approval with conditions
of the Exception; and
WHEREAS, the City Commission 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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 City Commission approves the Exception pursuant to Article 7, Section
7.1.2.6 and Article 4, Diagram 11 of the Miami 21 Code and Chapter 23 of the City Code to
allow for the transfer of one (1) dwelling unit to a Multi -Family building located within a TOD for
City of Miami Page 2 of 3 File ID: 15266 (Revision: A) Printed on: 7/22/2025
File ID: 15266 Enactment Number: R-24-0048
the Property, as more particularly described in the attached and incorporated Exhibit "A," which
is zoned "T4-L," General Urban Transect Zone — Limited, subject to the following conditions:
1. The Applicant shall obtain a Certificate of Transfer for the transfer of development
density prior to the issuance of the building permit.
2. The Applicant, owner, and any successor shall comply with the requirements of all
applicable Departments/Agencies as part of the City building permitting process.
3. The Applicant, owner, and any successor shall comply with all applicable building codes,
land development regulations, ordinances, and other laws and pay all applicable fees
due prior to the issuance of a building permit.
4. Pursuant to 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-time extension, for a period not to
exceed one (1) additional year, may be obtained under the approval of the Planning
Director.
5. 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 City Code.
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 Attor
iey 2/2/2024
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 3 of 3 File ID: 15266 (Revision: A) Printed on: 7/22/2025