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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