HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 16267
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AN EXCEPTION WITH CONDITIONS,
TO ALLOW A THIRTY PERCENT (30%) PARKING REDUCTION IN THE
TOTAL NUMBER OF REQUIRED PARKING SPACES FOR A PROJECT
LOCATED WITHIN A TRANSIT CORRIDOR AREA AND FOUR (4)
WAIVERS TO PERMIT PARKING TO EXTEND INTO THE SECOND
LAYER ON A SECONDARY FRONTAGE BEYOND FIFTY PERCENT
(50%) OF THE LENGTH OF THE PEDESTAL ABOVE THE FIRST
STORY, A TEN PERCENT (10%) REDUCTION IN THE MINIMUM
REQUIRED SETBACK ALONG A PRINCIPAL/SECONDARY FRONTAGE
ABOVE THE 8TH STORY, A TEN PERCENT (10%) INCREASE IN THE
MAXIMUM ALLOWED BALCONY ENCROACHMENT ABOVE THE 8TH
STORY WHEN ADDITIONAL SETBACKS ARE REQUIRED, AND A TEN
PERCENT (10%) INCREASE TO THE DWELLING UNIT THRESHOLD
FOR RESIDENTIAL LOADING BERTH REQUIREMENTS PURSUANT
TO ARTICLE 4, TABLE 4, ARTICLE 5, SECTION 5.6.4.E.I, AND
ARTICLE 7, SECTIONS 7.1.2.5, 7.1.2.6, AND 7.1.2.5.A.29 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, FOR NEW CONSTRUCTION
GENERALLY LOCATED AT APPROXIMATELY 3055 NORTHEAST 4
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY");
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately, 3055 Northeast 4 Avenue
APPLICANT(S): Steven J. Wernick, Esq., on behalf of Metro Tower II, LLC
PURPOSE: Exception to allow a 30% parking reduction in the total number of required
parking spaces for a project located within a Transit Corridor area and four (4) Waivers
to permit parking to extend into the second layer on a Secondary frontage beyond fifty
percent (50%) of the length of the pedestal above the first story, a 10 percent (10%)
reduction in the minimum required setback along a Principal/Secondary frontage above
the 8th story, a 10 percent (10%) increase in the maximum allowed balcony
encroachment above the 8th story when additional setbacks are required, and a 10
percent (10%) increase to the dwelling unit threshold for residential loading berth
requirements
FINDING(S):
PLANNING DEPARTMENT: Recommended approval, with conditions.
PLANNING, ZONING AND APPEALS BOARD: On July 9, 2024, recommended
approval, by a vote of 9-0.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0310
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16267 Final Action Date:7/25/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION WITH CONDITIONS, TO ALLOW A THIRTY PERCENT
(30%) PARKING REDUCTION IN THE TOTAL NUMBER OF REQUIRED PARKING
SPACES FOR A PROJECT LOCATED WITHIN A TRANSIT CORRIDOR AREA AND
FOUR (4) WAIVERS TO PERMIT PARKING TO EXTEND INTO THE SECOND LAYER
ON A SECONDARY FRONTAGE BEYOND FIFTY PERCENT (50%) OF THE LENGTH
OF THE PEDESTAL ABOVE THE FIRST STORY, A TEN PERCENT (10%)
REDUCTION IN THE MINIMUM REQUIRED SETBACK ALONG A
PRINCIPAL/SECONDARY FRONTAGE ABOVE THE 8TH STORY, A TEN PERCENT
(10%) INCREASE IN THE MAXIMUM ALLOWED BALCONY ENCROACHMENT
ABOVE THE 8TH STORY WHEN ADDITIONAL SETBACKS ARE REQUIRED, AND A
TEN PERCENT (10%) INCREASE TO THE DWELLING UNIT THRESHOLD FOR
RESIDENTIAL LOADING BERTH REQUIREMENTS PURSUANT TO ARTICLE 4,
TABLE 4, ARTICLE 5, SECTION 5.6.4.E.I, AND ARTICLE 7, SECTIONS 7.1.2.5,
7.1.2.6, AND 7.1.2.5.A.29 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR NEW CONSTRUCTION
GENERALLY LOCATED AT APPROXIMATELY 3055 NORTHEAST 4 AVENUE,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED ("PROPERTY"); MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 9, 2024, at a duly notice public meeting, the Planning, Zoning, and
Appeals Board ("PZAB") considered the Exception application, as PZAB Item.2, and adopted
PZAB Resolution R-24-046, recommending approval, by a vote of nine to zero (9-0); and
WHEREAS, Steven J. Wernick, Esquire on behalf of Metro Tower II, LLC, ("Applicant")
applied to the City of Miami ("City") for an Exception and four (4) subordinate waivers pursuant
to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended,
("Miami 21 Code") for new construction ("Project") generally located at 3055 Northeast 4
Avenue, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated
("Property"); and
WHEREAS, pursuant to Article 4, Table 4 of the Miami 21 Code, the Applicant is
requesting an Exception, with City Commission approval, to allow a thirty percent (30%) parking
reduction in the total number of required parking spaces for the Project, which is located within a
Transit Corridor Area; and
WHEREAS, pursuant to Article 5, Section 5.6.4.e.i of the Miami 21 Code, the Applicant
is requesting a Waiver to permit parking to extend into the Second Layer on a Secondary
Frontage beyond fifty percent (50%) of the length of the Pedestal above the first Story; and
WHEREAS, pursuant to Article 7, Section 7.1.2.5.a.29 of the Miami 21 Code, the
Applicant is requesting a Waiver to permit a ten percent (10%) reduction in the minimum
required Setback along a Principal Frontage above the 8th Story; and
WHEREAS, pursuant to Article 7, Section 7.1.2.5.a.29 of the Miami 21 Code, the
Applicant is requesting a Waiver to allow a ten percent (10%) increase in the maximum allowed
balcony encroachment above the 8th Story when additional Setbacks are required; and
WHEREAS, pursuant to Article 7, Section 7.1.2.5.a.29 of the Miami 21 Code, the
Applicant is requesting a Wavier to allow a ten percent (10%) increase to the Dwelling Unit
threshold for Residential Loading Berth requirements; and
WHEREAS, the requested Exception and subordinate Waivers will allow the
construction of a twenty-eight (28) Story mixed -use project consisting of Residential, Lodging,
Commercial, and Office Uses; and
WHEREAS, the Property has a Future Land Use designation of Restricted Commercial
on the Future Land Use Map of the Miami Comprehensive Neighborhood Plan; and
WHEREAS, the Property is zoned "T6-36A-L," Urban Core Transect Zone - Limited; and
WHEREAS, the Property is approximately 31,909 square feet or 0.73 acres; and
WHEREAS, on May 25, 2017, pursuant to City Commission Resolution No. R-17-0257,
the Miami City Commission approved the closure, vacation, abandonment, and discontinuation
for public use a portion of a public alley located along the east side of Northeast Avenue
between Northeast 30 Terrace and Northeast 31 Street; and
WHEREAS, a Covenant in Lieu of Unity of Title ("CIL") was recorded with the Miami -
Dade County Recorder's Office; and
WHEREAS, the CIL unified the parcels located at 430, 440, 444, and 452 Northeast 31
Street, 433, 445, and 449 Northeast 30 Terrace, and 3031 and 3055 Northeast 4 Avenue; and
WHEREAS, the Project is one (1) of three (3) towers to be developed on the unified site;
and
WHEREAS, on April 17, 2024, pursuant to Urban Development Review Board ("UDRB")
Resolution No. UDRB-R-24-010, the UDRB recommended approval, with conditions, to the
Planning Director for the Project; and
WHEREAS, the total parking provided for the Project is 220 parking spaces; and
WHEREAS, on May 7, 2024, the Project was reviewed by the Coordinated Review
Committee with comments and recommendations from internal and external reviews groups;
and
WHEREAS, Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code states that an application
for an Exception shall be reviewed for compliance with the regulations of the Miami 21 Code
and a City -approved traffic study shall be provided as required by the Planning Director, and
that the review shall consider the manner in which the proposed Use will operate given its
specific location and proximity to less intense Uses and shall apply Article 4, Table 12 Design
Review Criteria, as applicable; and
WHEREAS, pursuant to Article 7, Section 7.1.2.5 of the Miami 21 Code, the Waiver
permits minor deviations from the Miami 21 Code in certain specified circumstances as provided
in the various articles of the Miami 21 Code and as consistent with the Guiding Principles in
Article 2 of the Miami 21 Code; and
WHEREAS, the Zoning Administrator reviews the Waiver application, as required under
the Miami 21 Code, in regard to compliance with the standards applicable to the specific Waiver
and guiding principles in Article 2 of the Miami 21 Code; and review by the Planning Director of
Waivers shall apply Article 4, Table 12 Design Review Criteria, as applicable; 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 Exception and
associated Waivers; and
WHEREAS, it is found that the application complies with all applicable regulations with
conditions as stated herein; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to
approve, with conditions, the requested Exception and associated four (4) subordinate Waivers;
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 hereby approves the Exception, and associated
Waivers, contingent upon compliance with the following conditions:
1. The Project shall be developed in accordance with the plans and supporting documents
bearing the ePlan Stamp for the Exception PZ-23-16852.
2. At time of building permit, the Applicant and any successor shall provide a letter from the
Miami Parking authority indicating the number of on street parking spaces which are
directly adjacent to the site and which are available for use by the Project.
3. The Application shall comply with the conditions set forth in Waiver, PZ-19-3890.
4. Prior to the issuance of a building permit, the Applicant shall provide a Trip generation
memorandum to the Resilience and Public Works Department for analysis and
determination of level of traffic data analysis needed.
5. Prior to the issuance of a building permit, the Applicant shall provide the professional
landscape preparer's certificate.
6. The Applicant shall ensure the Fire Department Connection ("FDC") is concealed behind
a Streetscreen, per Section 5.6.2.(i).
7. 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 (1) time extension, for a period
not to exceed an additional year, may be obtained upon approval by the Planning
Director."
8. The City reserves the right to inspect the Property site to ensure compliance with the
conditions as listed.
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 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 ten (10) days upon its adoption
and signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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.