HomeMy WebLinkAboutAnalysis and MapsCity of Miami
Planning Department
ANALYSIS FOR
EXCEPTION
Staff Analysis Report No.
PZ-23-17503
Addresses
3700 Southwest 28 Street, 2810 Southwest 37 Avenue, 2814
Southwest 37 Avenue, 2816 Southwest 37 Avenue, 2818
Southwest 37 Avenue, 2824 Southwest 37 Avenue, and 2828
Southwest 37 Avenue
Folios
0141170020420, 0141170020430, 0141170030010,
0141170030011, 0141170030040, 0141170030050, and
0141170030080
Miami 21 Transect
"T5-O," Urban Center Transect Zone - Open
MCNP
Restricted Commercial
Commission District
District 4- Manolo Reyes
Commissioner District
Office
Coral Way
Planners
Claudia Diaz. Planner II, cldiaz@miamigov.com
Vickie Toranzo, Chief of Land Development,
vtoranzo@miamigov.com
Property Owner
2814/16 Southwest 37, LLC
Project Representative
Alejandro Uribe, Esquire, auribe@wsh-law.com
A. REQUEST
Pursuant to Article 7, Section 7.1.2.6, of Ordinance No. 13114 ("Miami 21 Code"), as amended,
Alejandro Uribe, Esquire, on behalf to 2814/16 Southwest 37, LLC ("the Applicant"), requests four
(4) Exceptions for the properties generally located at 3700 Southwest 28 Street, 2810 Southwest
37 Avenue, 2814 Southwest 37 Avenue, 2816 Southwest 37 Avenue, 2818 Southwest 37
Avenue, 2824 Southwest 37 Avenue, and 2828 Southwest 37 Avenue , with a zoning
classification of "T5-O," Urban Center Transect Zone -Open; (the "Property"), Miami, Florida.
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 1
10/2/2024
Requests:
1. An Exception, pursuant to Article 3, Section 3.14.1.1.b of Ordinance No. 13114 ("Miami
21 Code"), as amended, to utilize bonus height for a site with the "T5-O," Urban Center
Transect Zone — Open within a Transit Oriented Development ("TOD") abutting a "T3,"
Sub -Urban Transect Zone with City Commission approval.
2. An Exception, pursuant Article 5, Illustration 5.5 of the Miami 21 Code, to increase the
maximum lot coverage from 80% to 82% for a site located in a TOD.
3. An Exception, pursuant to Article 5, Illustration 5.5 of the Miami 21 Code, to permit a six-
foot (6') setback to the south and six-foot (6') setback to the west within a TOD where a
minimum of 26 feet is required above the second story.
4. An Exception pursuant to Article, Section 5.5.1.i to permit a one -and -a -half percent (1.5%)
increase to the maximum allowable lot size from 40,000 square feet to 40,583 square feet
for Uses that serve the Neighborhood.
B. RECOMMENDATION
Pursuant to Article 7, Sections 7.1.2.6 of Miami 21 Code, as amended, the Planning
Department recommends Approval with Conditions of the four (4) requested Exceptions
based on the facts and findings in this final decision.
C. BACKGROUND
History
On April 12, 2018, pursuant to Miami City Commission Ordinance No. 13764, the Future
Land Use designation for the parcels located at 3700 Southwest 28 Street and 2810, 2814,
2816, and 2818 Southwest 37 Avenue were changed from "Low Density Restricted
Commercial" to "Medium Density Restricted Commercial".
On April 12, 2018, pursuant to Miami City Commission Ordinance No. 13765, the zoning
classification for the parcels located at 3700 Southwest 28 Street and 2810, 2814, 2816,
and 2818 Southwest 37 Avenue were changed from "T4-L," General Urban Transect Zone —
Limited to "T5-O," Urban Center Transect Zone — Open.
The Applicant proffered, and City Commission accepted, a Declaration of Restrictive
Covenants for the change in zoning classification for these parcels. The Applicant agreed to
prohibit the Uses as listed below:
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 2
10/2/2024
1.) Car wash;
2.) Gas station;
3.) Major mechanical work;
4.) Body work;
5.) Welding;
6.) Any work involving noise, glare, fumes, or smoke, all of which are considered auto -
related commercial establishment and/or auto -related — industrial activities as is defined in
Section 1.1.d of Miami 21, as may be amended;
7.) Sale of alcohol for the primary purpose of off -site consumption; and
8.) Alcohol service establishments, as the term is defined in Section 1.1.d of Miami 21, as
may be amended, including bars, taverns, cocktail lounges, nightclubs, or supper clubs; and
On December 10, 2020, pursuant to Miami City Commission Ordinance No. 13956, the
Future Land Use designation for parcels located at 2824 and 2828 Southwest 37 Avenue
were changed from "Low Density Restricted Commercial" to "Medium Density Restricted
Commercial".
On December 10, 2020, pursuant to Miami City Commission Ordinance No. 13957, the
zoning classification for parcels located at 2824 and 2828 Southwest 37 Avenue were
changed from "T4-L," General Urban Transect Zone — Limited to "T5-O," Urban Center
Transect Zone — Open.
The Applicant proffered, and City Commission accepted, a Declaration of Restrictive
Covenants as part of the request for the change in zoning classification for these parcels.
The Applicant agreed to include Affordable or Work Force Housing or a contribution to the
Public Benefits Trust Fund.
On October 26, 2023, pursuant to Miami City Commission Ordinance No. 14227, the Future
Land Use designation for the Property was changed from "Medium Density Restricted
Commercial" to "Restricted Commercial."
On June 20, 2024, the Urban Development Review Board recommended denial to the
Director of the Planning Department.
On September 30, 2024, the Coordinated Review Committee met and provided the
Applicant with their comments and feedback.
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 3
10/2/2024
Proposal
The Applicant is proposing the construction of an eight -story Multi -Family building using
bonuses available to "T5," General Urban Transect Zone for properties within a TOD. The
building will contain 130 Dwelling Units and approximately 257,923 square feet of Floor
Area.
Site Location and Surrounding Uses
The Property is situated at the southwest corner of Southwest 28 Street and Southwest 37
Avenue (Douglas Road) and is comprised of seven (7) parcels, totaling 40,583 square feet
(0.93 acres). It is located within the Douglas Road TOD.
Figure 1 Aerial map -outlined in red
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 4
10/2/2024
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
"T6-8-O," Urban Core
Transect Zone -Open
Restricted Commercial
Commercial
South
"T4-L," General Urban
Zone - Limited
Low Density Restricted
Commercial
Residential
East
"CS," Civic Space Zone,
and
"T4-L," General Urban
Zone - Limited
Public, Parks, and
Recreation, and Low-
Density Restricted
Commercial
Parks- Conservation
and Residential
West
"T3-O," Suburban Transect
Zone - Open
Duplex Residential
Residential
Figure 2 FLUM
Table 1 Surrounding Uses
Public Parka
and Recreaton
Law Desin/
ReatricFed
Commercial
3
13-0
T5 0
Figure 3 Miami 21
CS
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 5
10/2/2024
Demographics
The Applicant's Properties are located within the 2020 United States Census Tract
"1208600707" (the "Census Tract"). Staff reviewed the following socioeconomic
indicators/variables (Population, Households, Families in Poverty, Median Family Income,
and Median Gross Rent) to understand the potential impact of affordable housing in the area.
All variables except Gross Rent were derived from the 2022 Census.
Topic — United States 2020 Census
Census Tract 1208600707
City of Miami
Population
2,266
443,665
Total Households
1,058
186,137
Average Household Size
2.08
2.33
Families in Poverty
26.19%
19.99%
Home Ownership Rate
8.41%
30.12%
Table 2 Source: Policy Map 7/22/2024
D. ANALYSIS
Miami 21 Code
Exception 1
An Exception, pursuant to Article 3, Section 3.14.1.1.b of Ordinance No. 13114 ("Miami 21
Code"), as amended, to utilize bonus height for a site with the "T5-O," Urban Center Transect
Zone — Open within a Transit Oriented Development ("TOD") abutting a "T3," Sub -Urban
Transect Zone with City Commission approval.
Criteria 1: Per Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code, "The application shall
be reviewed for compliance with the regulations of the Code."
Analysis: Pursuant to Article 3, Section 3.14.1.1.b, a site in the "T5-O," Urban Center
Transect Zone — Open within a TOD abutting a "T3," Sub -Urban Transect Zone
may utilize bonus height with City Commission approval.
The Property is located within the "T5-O," Urban Center Transect Zone — Open
within a TOD abutting a "T3," Sub -Urban Transect Zone. Therefore, this is valid
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 6
10/2/2024
request. The Applicant is proposing to contribute to the required public benefits
through the utilization of silver level certification from the Florida Green Building
Council and through Park Improvements pursuant to Article 3, Sections
3.14.1.2.b and 3.114.4.b.1.iv.
Therefore, the request is in compliance with the requirements to obtain bonus
Height.
Finding: Complies
Criteria 2: Per Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code, "The review shall
consider the manner in which the proposed Use will operate given its specific
location and proximity to less intense Uses."
Analysis: The request for the bonus Height will result in an 8 story Building, where 5
stories are permitted by Right.
While there are Single Family and Two Family Residence Uses to the east,
south, and west, the "T6-8-O," Urban Core Transect Zone — 0 property to the
north could be developed as Multi Family Housing with a maximum of 8
stories. Pursuant to Article 5, Illustration 5.5 they are abutting the "T3" which
prohibits additional Height provided through the Public Benefits Program
established in Article 3, Section 3.14 of the Miami 21 Code.
As such, the requested additional Height will have minimal impact on the
immediate area as a similar project, that abuts the "T3", is permitted by Right.
Finding: Complies
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 7
10/2/2024
Figure 2 Zoning within a 500 Square feet Radius
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 8
10/2/2024
Criteria 3: Per Article 7, Section 7.1.2.6 of the Miami 21 Code, "The review shall consider
the manner in which the proposed Use shall apply Article 4, Table 12."
Analysis: BUILDING FUNCTION & DENSITY
• Ensure transitions of Density, Intensity, and Height that
complement the Neighborhood context.
• Calibrate Density, Intensity, and Uses to facilitate walkability and
promote transit use.
While there are Single Family and Two Family Residence Uses to the east,
south, and west, the "T6-8-O," Urban Core Transect Zone — 0 property to the
north could be developed as Multi Family Housing with a maximum of 8 stories.
The Project's location with the TOD, encourages residents to walk or use
transit to conduct daily activities.
Finding: Complies
Exception 2
An Exception, pursuant Article 5, Illustration 5.5 of the Miami 21 Code, to increase the
maximum lot coverage from 80% to 82% for a site located in a TOD.
Criteria 1: Per Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code, "The application shall
be reviewed for compliance with the regulations of the Code.
Analysis: Pursuant to Article 5, Illustration 5.5 of the Miami 21 Code, an increase in lot
coverage from 80% to 82% is permitted through participating in the Flexible
Lot Coverage Program established in Article 5, Section 5.5.1.b or approval
from City Commission within the TOD area.
The request is for a two percent (2%) increase in lot coverage, from the
maximum 32,466 square feet to the proposed 33,319 square feet. The
Property is located within a TOD; therefore, the Application is to be reviewed
by City Commission, meeting the requirements of this Code section.
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 9
10/2/2024
Finding: Complies
Criteria 2: Per Article 7, Section 7.1.2.6.b.4 of Miami 21, "The review shall consider the
manner in which the proposed Use will operate given its specific location and
proximity to less intense Uses."
Analysis: The Project is proposing 130 dwelling units where 139 are permitted through
the application of the underlying FLU designation of Restricted Commercial
which permits 150. As such, a 2% increase in lot coverage allowed has minimal
impact on the Intensity of the proposed Use of Multi Family Housing.
Finding: Complies
Criteria 3: Per Article 7, Section 7.1.2.6 of the Miami 21 Code, "The review shall consider
the manner in which the proposed Use shall apply Article 4, Table 12."
BUILDING FUNCTION & DENSITY
• Ensure transitions of Density, Intensity, and Height that
complement the Neighborhood context.
• Calibrate Density, Intensity, and Uses to facilitate walkability and
promote transit use.
Analysis: While there are Single Family and Two Family Residence Uses to the east,
south, and west, the "T6-8-O," Urban Core Transect Zone — 0 property to the
north could be developed as Multi Family Housing with a maximum lot
coverage of 80%. The requested 2% increase in maximum lot coverage is
compatible with the T6-8-0 and has minimal impact on the abutting T3-0 and
T4-L. The Project's location with the TOD, encourages residents to walk or use
transit to conduct daily activities.
Finding: Complies
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 10
10/2/2024
Exception 3
An Exception, pursuant to Article 5, Illustration 5.5, to permit a six-foot (6') setback to the south
and six-foot (6') setback to the west within a TOD where a minimum of 26 feet is required.
Criteria 1: Per Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code, "The application shall
be reviewed for compliance with the regulations of the Code. "The application
shall be reviewed for compliance with the regulations of this Code."
Analysis: Pursuant to Article 5, Illustration 5.5 of Miami 21 Code, the required setbacks
abutting side or rear "T3" and "T4" zones may be reduced within a TOD through
an Exception from the City Commission. The building proposes a six-foot (6'-
0") setback along the western and southern property lines up to the third floor.
Above the third () floor, the tower is designed to recede from the western
property line in places to create varied setbacks. Some areas have either thirty
(30'-0") or fifty-three (53'-0") feet setbacks, alternating with portions that remain
at six feet (6'-0"). Approval for this Exception is required for the six feet (6'-0")
minimum setback above the third floor where twenty-six (26'-0") is required.
The Property is located within a TOD. The southern part of the western facade,
where the lots are deeper, the required setback is thirteen feet (13'-0") for the
first two (2) stories and twenty- six (26'-0") feet thereafter. The Exception
request is to allow a six-foot (6'-0") setback. Illustration 5.5 requires a six-foot
(6'-0") setback for the southern facade from the first to the fifth floors. Thus, the
proposal meets the minimum code requirements for the first five floors and
seeks approval for the uppermost three floors to remain at six feet instead of
the required twenty-six (26'-0") feet.
Finding: Complies
Criteria 2: Per Article 7, Section 7.1.2.6.b.4 of Miami 21, "The review shall consider the
manner in which the proposed Use will operate given its specific location and
proximity to less intense Uses."
Analysis: The properties to the west are designated "T3-O," Sub -Urban Transect Zone
— Open, characterized by residential duplexes. To mitigate the perceived
negative impacts of a taller building proposed adjacent to a lower scale
neighboring property, the Applicant has introduced additional articulation on
the rear elevation. This articulation creates a scale of architecture, materials,
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 11
10/2/2024
and color palette that respects the abutting Residential properties and
compliments the overall Neighborhood character . While not specifically
required to do so by the Miami 21 Code, the project includes screening of the
parking on the rear elevation. The screening is designed to be in harmony
with the overall architectural intent of the building and visually conceals the
internal parking elements from neighboring properties. The project also
includes a densely planted vegetation screen to be maintained along the
Property Line and abutting sites to the west. Collectively, these design
measures assist transition the project with the surrounding properties and
mitigate significant impacts within the Neighborhood.
Finding: Complies
Criteria 3: Per Article 7, Section 7.1.2.6 of Miami 21, "The review shall consider the
manner in which the proposed Use shall apply Article 4, Table 12."
Analysis: BUILDING FUNCTION & DENSITY
• Ensure transitions of Density, Intensity, and Height that
complement the Neighborhood context.
• Calibrate Density, Intensity, and Uses to facilitate walkability and
promote transit use.
While there are Single Family and Two Family Residence Uses to the east,
south, and west, the "T6-8-O," Urban Core Transect Zone — 0 property to the
north could be developed as Multi Family Housing with a maximum lot
coverage of 80%. The requested 2% increase in maximum lot coverage is
compatible with the T6-8-0 and has minimal impact on the abutting T3-0 and
T4-L. The Project's location with the TOD, encourages residents to walk or use
transit to conduct daily activities.
Finding: Complies
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 12
10/2/2024
Exception 4
An Exception, pursuant to Article 5, Section 5.5.1.i of Miami 21 Coad, to permit a one -and -a -
half percent (1.5%) increase in the required maximum allowable lot size from 40,000 square
feet to 40,583 square feet for Uses that serve the Neighborhood.
Criteria 1: Per Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code, "The application shall
be reviewed for compliance with the regulations of the Code."
Analysis: The Property contains a total lot area of 40,583 square feet, which exceeds the
maximum allowable lot area of 40,000 square feet by one -and -a -half percent
(1.5%) for properties located within the "T5," Urban Center Transect Zone.
Pursuant to Article 5, Section 5.5.1.i of the Miami 21 Code, an increase in the
maximum allowable lot size is permitted by process of Exception for Uses that
serve the Neighborhood. This Application meets this Code requirement
through this Exception request.
Additionally, the Applicant's proposal includes Park Improvements which will
serve the local Neighborhood, thus meeting the criteria of Article 5, Section
5.5.1.i.
Finding: Complies
Criteria 2: Per Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code, "The review shall
consider the manner in which the proposed Use will operate given its specific
location and proximity to less intense Uses."
Analysis: The additional 583 square feet of lot area results in minimal impact in the
proposed Multi Family Housing Use.
Finding: Complies
Criteria 3: Per Article 7, Section 7.1.2.6 of Miami 21, "The review shall consider the
manner in which the proposed Use shall apply Article 4, Table 12, as
applicable."
Analysis: BUILDING FUNCTION & DENSITY
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 13
10/2/2024
• Ensure transitions of Density, Intensity, and Height that
complement the Neighborhood context.
• Calibrate Density, Intensity, and Uses to facilitate walkability and
promote transit use.
The increase in maximum lot size will have minimal impact on the Use and the
Neighborhood. The Project's location with the TOD, encourages residents to
walk or use transit to conduct daily activities.
Finding: Complies
E. FINDINGS
• The Property has a zoning classification of "T5-O", Urban Center Transect Zone —Open.
• The Property has a FLU designation of "Restricted Commercial"
• The FLU designation permits 150 dwelling units per acre.
• Pursuant to Article 3, Section 3.4.5 of the Miami 21 Code properties located within one-
half mile of a Metrorail station that have an underlying FLU designation that provides
greater density than the zoning, may be developed under the density permitted in the
FLU designation.
• The Project's proposed Uses are consistent with the Miami Comprehensive
Neighborhood Plan and the Covenant proffered for Miami City Commission Ordinance
No. 13765.
• The Property is approximately 40,583 square feet (0.9 acres).
• The Project will consist of 130 dwelling units and approximately 257,923 square feet of
floor area.
• The bonus Height contains 91,380 square feet of Floor Area within the top three floors,
and The Applicant is proposing to achieve the additional Height using public benefits for
meeting silver level certification from the Florida Green Building Council pursuant to
Article 3, Section 3.14.4.d.2 of Miami 21 Code.
• The Applicant is also proposing to achieve the additional Height pursuant to Article 3,
Section 3.14.1.2.b and 3.14.4.b.1.iv of the Miami 21 Code.
• Pursuant to Article 3, Section 3.4.5 of Miami 21 Code properties located within one-half
mile of a Metrorail station that have an underlying FLU designation that provides greater
density than the zoning, may be developed under the density permitted in the FLU
designation.
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 14
10/2/2024
• Pursuant to Article 7, Section 7.1.2.6.b.4, it is found that the Applicant has submitted the
necessary information to the Planning Department which demonstrates compliance with
the guidelines and criteria required for this type of permit, as specified in the Miami 21
Code, including Article 4, Table 12.
• Planning comments were provided in ePlan pursuant to a comprehensive review of the
application materials. All comments have been addressed through the ePlan review
process.
F. CONCLUSION
Pursuant to Article 7, Sections 7.1.2.6, the Planning Department recommends Approval
with Conditions of the requested four (4) Exceptions with the following conditions:
G. CONDITIONS
1. The Project shall be developed in accordance with the plans approved as part of
the request for Exception No. PZ-23-17503, for the construction of a residential
use development bearing the e-Plan approval stamp.
2. The Applicant, owner, or successor shall comply with the requirements of all
applicable Departments/Agencies as part of the City of Miami building permitting
process.
3. Signage is not part of this Exception and shall be reviewed under a separate
permit application.
4. As a condition of approval from the Fire Department, and in accordance with
NFPA 1, remote fuel ports shall be placed on the exterior of the building, away
from any sources of ignition, and at least five (5) feet from any building openings.
5. As a condition of approval from the Fire Department, the building's address shall
reflect its primary frontage, where the main access, fire command room entrance
(if applicable), and primary fire department connection (FDC) are located.
6. As a condition of approval from the Transportation Division of the Department of
Resilience and Public Works, at time of Building Permitting phase, the Applicant,
Owner, or Successor shall provide a trip generation report to determine the traffic
impact and whether a traffic study is required.
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 15
10/2/2024
7 As a condition of approval from the Urban Design Review Group, prior to the
issuance of the Building Permit, the Applicant shall provide on -site lighting that is
appropriate for the building, streetscape design, and neighborhood character.
This lighting shall coordinate with signage, street lighting, and landscaping, in
accordance with Miami 21, Article 4, Table 12: Lighting Standards.
8. As a condition of approval from the Urban Design Review Group, prior to the
issuance of a building permit, the Applicant shall provide an Art Narrative for the
proposed mosaic that includes the following information:
• A description of how the art or artist will be curated.
•
Graphic illustrations showing the placement of the art on the building,
along with dimensions.
• Details of the proposed materials and lighting, as applicable.
• A summary of the proposed security measures, maintenance plan, and
upkeep approach.
9. As a condition of approval from the Urban Design Review Group, prior to the
issuance of the Temporary Certificate of Occupancy (TCO) or Certificate of
Occupancy (CO), whichever comes sooner, the Applicant shall have
implemented in accordance with an approved set of landscape plans, a densely
planted vegetation screen to be maintained along the Property Line and abutting
sites to the West.
10. As condition of approval from the Urban Design Review Group, prior to issuance
of Building Permit, the Applicant shall provide detailed landscape plans
portraying a densely planted vegetation screen to be maintained along the
Property Line and abutting sites to the West. Said vegetation screen shall be
composed of a combination of trees and shrubs using a variety of Florida -friendly
species per Article 9, Section 6.1 Plant Quality that will mature to create a
continuous visual Screen of a minimum 15 feet in height to mitigate the impact of
the parking garage and protect Abutting properties.
11. As a condition of approval from the Urban Design Review Group, the Building
Permit shall include elevation plans, sections and material samples that
demonstrate the parking garage is visually screened from abutting properties,
and that the articulation of the facade along the garage is designed to
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 16
10/2/2024
complement the overall building composition, in accordance with the plans
approved as part of the request for Exception No. PZ-23-17503.
12. As a condition of approval from the Office of Zoning, the Applicant shall comply
with Section 3.13, Sustainability, Tree Permits and LEED or equivalent
requirements prior to Building Permit.
13. As a condition of approval from the Office of Zoning, the Applicant shall satisfy
the requirements found in Section 3.13.2 Heat Island Effect at the Building
Permit.
14. As a condition of approval from the Office of Zoning, the Applicant shall comply
with Section 5.5.7 Ambient Standards at the Building Permit.
15. As a condition of approval from the Office of Zoning, the Applicant shall comply
with the requirements found in Section 5.6.6(b) regarding the average lighting
levels measured at the Building Frontage shall not exceed 5.0 fc (foot-candles).
16. As a condition of approval from the Office of Zoning, The Exception approval is
conditioned on satisfaction of the requirements found in Section 13-6(1) for City
of Miami impact fee credit at the Building Permit.
17. 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.
18. The Applicant, owner, or 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.
19. Any modification to the approved plans as a result or consequence of Applicant,
owner, or successor's compliance with other departments and/or agencies
conditions and /or codes, will require a new review for approval confirmation from
the Planning Director.
20. Pursuant to Miami 21 Code, 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 an additional year, may be obtained if
approved by the Planning Director."
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 17
10/2/2024
21. The City reserves the right to inspect the site to ensure compliance with the
conditions as listed.
22. Failure to comply with the conditions herein may result in the immediate
revocation of this Warrant and shall be subject to any fines and penalties
pursuant to City Code.
DocuSigned by:
�Ald St/LOW
77D014848CA84B6...
David Snow
Planning Director
DocuSigned by:
Ste- Sfuliva'
3A75CAC5AF7E446...
Sevanne Steiner, CNU-A
Assistant Planning Director
rpocuSigned by:
V CR, lea A/76
3D882281C28F4A8...
Vickie Toranzo
Chief of Land Development
cvDocuSigned by:
lM+s,
69nR6Fr 1c5A4n9
Claudia M Diaz
Planner II
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 18
10/2/2024
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. miam igov.com/Services/Solve-a-Problem/Appeal-a-Warrant-or-a-Waiver.
Staff Analysis Report No. (PZ-23-17503) Exception Application 3700 SW 28 ST — Page 19
10/2/2024
AERIAL
EPLAN ID: PZ-23-17503
EXCEPTION
ADDRESS(ES): 3700 SW 28 ST / 2810,2814,2816,2818,2824,2828 SW 37 AV
0
1
62.5
125
1
250 Feet
1
MIAMI 21 ATLAS (EXISTING)
EPLAN ID: PZ-23-17503
EXCEPTION
ADDRESS(ES): 3700 SW 28 ST / 2810,2814,2816,2818,2824,2828 SW 37 AV
0
50
100
200 Feet
FUTURE LAND USE MAP (EXISTING)
EPLAN ID: PZ-23-17503
EXCEPTION
ADDRESS(ES): 3700 SW 28 ST / 2810,2814,2816,2818,2824,2828 SW 37 AV
0
50 100
I 1
S W3-7-T-H-6
200 Feet
I 1
SW 28TH ST
Duplex -
Residential
Restricted
Commercial
Public Parks
and Recreation
Low Density
Restric:ed
Commercial