HomeMy WebLinkAboutPZAB (15475) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-046
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15475 Date Rendered: 7/10/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION
APPROVAL OF 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 PURSUANT TO ARTICLE 4, TABLE 4 AND ARTICLE 7, SECTION 7.1.2.5 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("MIAMI 21 CODE") AND RECOMMENDING APPROVAL
WITH CONDITIONS OF 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 5, SECTION 5.6.4.E.I AND ARTICLE 7, SECTIONS 7.1.2.5 AND
7.1.2.5.A.29 OF THE MIAMI 21 CODE FOR NEW CONSTRUCTION GENERALLY
LOCATED AT APPROXIMATELY 3055 NORTHEAST 4 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ("PROPERTY"); MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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, ("Miam 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 a allow a 30% parking
reduction in the total number of required parking spaces for the Project, which is located
within a Transit Corridor Area; and
Date Rendered: 7/10/2024
City of Miami Page 1 of 5 File ID: 15475 (Revision:) Printed On: 7/10/2024
WHEREAS, pursuant to Article 5, Section 5.6.4.e.i, 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, the Applicant is questing
a Waiver to permit a 10 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, the Applicant is
requesting a Waiver to allow a 10 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, the Applicant is
requesting a Wavier to allow a 10 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, 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
City of Miami Page 2 of 5 File ID: 15475 (Revision:) Printed On: 7/10/2024
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, 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 Planning, Zoning, and Appeal Board ("PZAB"), 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 recommend approval with conditions of the
requested Exception and associated four (4) subordinate Waivers;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING
AND APPEALS BOARD 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.
City of Miami Page 3 of 5 File ID: 15475 (Revision:) Printed On: 7/10/2024
Section 2. PZAB 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 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 immediately upon its adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS
DIVISION WITHIN FIFTEEN (15) DAYS.
City of Miami Page 4 of 5 File ID: 15475 (Revision:) Printed On: 7/10/2024
Reviewed and Approved:
David Snow
City of Miami Page 5 of 5 File ID: 15475 (Revision:) Printed On: 7/10/2024
14310,1.3
LEGAL DESCRIPTION
PARCEL 'A'
LOIS PAGE 37, AND
F9THE PUBLIC REC SUS OF MIADAD[ c UNTY, l'FIORI�DAr IHFFEDR As RECORDED /N PLAT BCC'l2
TOGETHER WI,
HE WEST 150 FEET OF LO/S 1 AND 10 BLOCK 6 DF PRDADNDOR: ACCORDING TO THE PLAT THEREOF, AS
RECORDED /N PIA/ BOW2. PAGE 37. 0! THE PUBLIC RECORDS OF MIAWI-DADS COUNTY FLORIDA.
PARCEL "B"
AS RECGROm IN P,AT BD °K 2R'R �E 3t."ath " lth Rthroth.n '
MIAMI-DADE COUNT, FLORIDA.
LESS AND EXCEPT THEREFROM THAT PART OF SAID LOT 4 (MG E\'IERNN TO A CIRCULAR CURVE CONCAVE TO
THE SOUTHEAST, HAVING A RADIUS OF 25 FELT. AND BEING TANGENT TD THE NORTHERLY AND WESTERLY LINES OF
SAID (07
AND ,KSO LESS MID EXCEPT THEREFROM THAI PART OF SAD LOT LYING Err.. TO A 232,222 CURVE
CONCAVE
LOI ] MID ALSO BEING A TANGETO THE E E NORTHERLY LINE BEING. RAO, OF 25 FEETAND 0 NE Of SOUTHERLY
THEWESTERL LINE OF
SAID M5 FEET DE SAID LO/ ],
BLOCK 6 OF "BROADMOOR': ACCORDING TO THE PLAT THEREOF. AS RECORDED /N PLAT BOOK 2. PAGE 33 OF
THE PUBLIC RECORD NT-LADE COUNTY. FLORIDA.
PARCEL C"
TOGETHER WI,
OF!/CAL RECORDSB ONBOOK 26202, PAGE 3968. BLOCK 1, ORDS OF MI, VI-DDE TD THE PLAT HEREOF AS
RECORDED /N PUT BOON 2. PAGE 37. 0! THE PUBLIC RECORDS O` MG1WI-DADE COUNTY FLORIDA
SURVEYORS NOTES'
Al THE BEARINGS SAWN HEREON PLR,- TG AN ASSMED BEARING OF N00'0l A9'E ALONG THE EAST
AND N.E. 3, STREET.
LECAL DESCRIPTION SHOWN HEREON PROVI.D BY CLIENT
3) AREA FT % 56ACRES)
C PROPERTY DESCRIBED HEREON 5 } 80, 895 SJ. 1.8
Al MIS SURVEY WAS PREPARED FOR ME EXCIUSNE USE OF THE ENT IFS NAMED HEREON THE ATTACHED
5) V UTILITIES APE SHOWN HEREON, HOWEVER. NO ATTEMPT HAS BEEN ,MADE TO LOCATE
&C INDICITDRS O!
UNDERORDUND /HEMS
6) UNLESS 07HERWSE NOTED. THIS FIRM HAS NO7 ATTEMPTED 70 LOCATE FOOTINGS
AND/OR
]) T THE BOUNDARY DE THE SU9ICCI PRGPE ARE RECORD AND/OR MEASURED
UNLESS NHL-WS,- STATED
8) THE PROPER, SHOWN HERE. FALLS WWI FEDERAL FLOOD HAZARD ZONE IM PER FLOOD INSURANCE WC
NAA NO. 3123 mSUFFIX L OF FEDERAL EMERGENCY
MANAGEMENT AGENCY (.E,VAJ MA
9) MIS SKETCH H SI LU, TO EASEMENTS, RIGHTS-GF--WAY AND OTHER MATTERS WHICH WAY BE REF(ECTED BY
LANDS.A SEARCH OF TITLE 70 THE SUBJECT 10) ME ELEVATIONS SHOWN HEREON REFER TO(C11 OF NMI MLW HAY) AND ARE EXPRESSED IN FEET.
11) BENCHMARKS:
of MAMM--DADE BENCHMARK N-684, LOCATED N.E.®29/H ST -- 25 SOUTH OF C/L AND US HWY#1
(BISCAYNE BLVD.) -- 17.
WEST EDGE OF
ACNC SY
ELEVATION-1.aVAMI .O )coNVERizam (an OVNIAM btw BAY}-n,Bt yN GVO ) 4 aD.,E6'
I W BAY)
LAI EXPRESS PURPOSE OF THIS PLAT IS 10 CLOSE. WAIF WITHIN THE LUIS Of NIS PLAT, ABANDON MID
DISONTINUE Amu ,E THAT PORTION OF THE 10 FOOT PLAITED PRIVATE ALLEY SHOWN HEREON.
AREAS of SUBJECT PROPERTY
PARCEL PRE -DEDICATION POST DEDICATION
CROSS AREA (CONING) OF THE OVERALL PROPERTY DESCRIBED HEREON INCLUDING ALLEY TO BE VACATED a`.645 SO, (i 38931ACRES) AREA
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LOCATION SKETCH
A PORTION CF STCTION 30-532--92E CITY OF MIAM/ MIAMI-DADE COUNTY, FLORIDA
AREA TABULATION
WEST PARCEL 31,909 SF 33909 SF
AREAS FOR ENTITLEMENTS I nines 1,3133. m
I) THE COWBII. AREA DE THE CURRENT SRG INCLUDING THE PROPOSED VACATION APPROVED By RESOLUAON R-1]-015] 6 SCUM PARCEL 10760 SF 10760 SF
82,645 SOWRC FEET (1,B9%ACRES)
SURVEYOR'S CERTIFICATION:
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REC3N713 SURVEYED ..4,9 DRAWN UNDER VA SUPER.. AND .ARECRON. TAS SLAV, COWL.
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THE SEA APPEARING ON THIS BOCUI ,NI MA
BY UrP�G ✓iI/ » 48 8M66
PROFESSIONAL LAND SURVEYOR No. 477
STATE OF FLORIDA.
N✓,OYNSON RSA., 4,
DEVELOPMENT
82,645 SF 83645 SF
ELEVATIONS SHOWN HEREON RELATE TO CITY OF MIAMI MEAN LOW WATER BAY DATUM AND ARE EXPRESSED IN FEET.
o^ PZ-23-16852
th
A
;P AJ-5417
Exhibit "A"
Legal Description
PARCEL "A"
LOTS 2 AND 9, BLOCK 6, OF "BROADMOOR", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
TOGETHER WITH:
THE WEST 150 FEET OF LOTS 1 AND 10, BLOCK 6, OF "BROADMOOR", ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL "B"
LOTS 3 THRU 8 LESS THE SOUTH 5 FEET OF LOTS 7 AND 8 FOR RIGHT-OF-WAY BLOCK 6,
OF "BROADMOOR", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LESS AND EXCEPT THEREFROM THAT PART OF SAID LOT 4 LYING EXTERNAL TO A
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25 FEET, AND
BEING TANGENT TO THE NORTHERLY AND WESTERLY LINES OF SAID LOT 4.
AND ALSO LESS AND EXCEPT THEREFROM THAT PART OF SAID LOT 7 LYING EXTERNAL
TO A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25 FEET,
AND BEING TANGENT TO THE WESTERLY LINE OF SAID LOT 7 AND ALSO BEING
TANGENT TO THE NORTHERLY LINE OF THE SOUTHERLY 5 FEET OF SAID LOT 7, BLOCK 6,
OF "BROADMOOR", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL "C"
TOGETHER WITH:
LOT 4 LESS THE NORTH 5 FEET AND AN EXTERNAL AREA OF A CIRCULAR CURVE AS
DESCRIBED IN OFFICIAL RECORDS BOOK 14904, PAGE 3206 AND LOT 5 LESS AN
EXTERNAL AREA OF A CIRCULAR CURVE AS DESCRIBED IN OFFICIAL RECORDS BOOK
26202, PAGE 3968, BLOCK 7, BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA
-2-