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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 16818 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING FOUR (4) EXCEPTIONS: AN EXCEPTION PURSUANT TO ARTICLE 3, SECTION 3.14.1.1.b OF ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO UTILIZE BONUS HEIGHT FOR A SITE WITHIN THE "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, WITHIN A TRANSIT ORIENTED DEVELOPMENT ABUTTING A "T3," SUB -URBAN TRANSECT ZONE; AN EXCEPTION PURSUANT TO 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 TRANSIT ORIENTED DEVELOPMENT; AN EXCEPTION PURSUANT TO ARTICLE 5, ILLUSTRATION 5.5 OF THE MIAMI 21 CODE TO PERMIT A SIX FOOT (6') SETBACK ON THE SOUTH AND SIX FOOT (6') SETBACK ON THE WEST WITH A TRANSIT ORIENTED DEVELOPMENT WHERE A MINIMUM OF 26 FEET (26') IS REQUIRED; AND AN EXCEPTION PURSUANT TO ARTICLE 5, SECTION 5.5.1.i OF THE MIAMI 21 CODE TO PERMIT A 1.5% INCREASE IN THE REQUIRED MAXIMUM ALLOWABLE LOT SIZE FROM 40,000 SQUARE FEET TO 40,583 SQUARE FEET, IN THE "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY MORE 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, 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 3700 SW 28th Street & 2810-2828 SW 37th Avenue APPLICANT(S): Alejandro Uribe Esq., on behalf of 2814/16 SW 37, LLC PURPOSE: To allow for an Exception as follows: 1) To utilize bonus height pursuant to Section 3.14.1.1.b of Miami 21; 2) To increase the maximum lot coverage from 80% to 82% pursuant to Illustration 5.5 of Miami 21 as amended by Ordinance No. 14211; 3) To recognize setbacks of six feet (6') on the south and six feet (6') on the west pursuant to Illustration 5.5. of Miami 21; 4) To allow an increase of 1.5% in the maximum allowable lot size from 40,000 square feet to 40,583 square feet per Section 5.5.1.i of Miami 21. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: On October 30, 2024, recommended approval, by a vote of 8-0. City of Miami Legislation Resolution Enactment Number: R-24-0480 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16818 Final Action Date:11/21/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING FOUR (4) EXCEPTIONS: AN EXCEPTION PURSUANT TO ARTICLE 3, SECTION 3.14.1.1.b OF ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO UTILIZE BONUS HEIGHT FOR A SITE WITHIN THE "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, WITHIN A TRANSIT ORIENTED DEVELOPMENT ABUTTING A "T3," SUB- URBAN TRANSECT ZONE; AN EXCEPTION PURSUANT TO 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 TRANSIT ORIENTED DEVELOPMENT; AN EXCEPTION PURSUANT TO ARTICLE 5, ILLUSTRATION 5.5 OF THE MIAMI 21 CODE TO PERMIT A SIX FOOT (6') SETBACK ON THE SOUTH AND SIX FOOT (6') SETBACK ON THE WEST WITH A TRANSIT ORIENTED DEVELOPMENT WHERE A MINIMUM OF 26 FEET (26') IS REQUIRED; AND AN EXCEPTION PURSUANT TO ARTICLE 5, SECTION 5.5.1.i OF THE MIAMI 21 CODE TO PERMIT A 1.5% INCREASE IN THE REQUIRED MAXIMUM ALLOWABLE LOT SIZE FROM 40,000 SQUARE FEET TO 40,583 SQUARE FEET, IN THE "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY MORE 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, 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Alejandro Uribe, Esquire, on behalf of 2814/16 SW 37, LLC ("Applicant"), applied to the City of Miami ("City") for four (4) Exceptions: 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 within the "T5-O," Urban Center Transect Zone — Open, within a Transit Oriented Development ("TOD") abutting a "T3," Sub -Urban Transect Zone; 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; an Exception pursuant to Article 5, illustration 5.5 of the Miami 21 Code to permit a six foot (6') setback on the south and six foot (6') setback on the west within a TOD development where a minimum of 26 feet (26') is required above the second story; and an Exception pursuant to Article 5, Section 5.5.1.i to permit a 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 in the "T5-O," Urban Center Transect Zone — Open, for the Property described herein; and WHEREAS, the properties are 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 (collectively the "Property"); and WHEREAS, the Property is approximately 40,583 square feet (0.9 acres); and WHEREAS, the Property is in the "T5-O," Urban Center Zone Transect Zone- Open; and WHEREAS, the Property is designated Restricted Commercial in the Future Land Use Map ("FLUM"); and WHEREAS, the Property fronts Southwest 37 Avenue; and WHEREAS, the Property abuts the "T6-8-O," Urban Core Transect Zone — Open, to the north; and WHEREAS, the Property abuts the "T3-O," Sub -Urban Zone — Open, to the west; and WHEREAS, the Property abuts the "T4-L," General Urban Center Transect Zone — Limited, to the south; and WHEREAS, the Property abuts the "T4-L," General Urban Center Transect Zone — Limited, and "CS," Civic Space Transect Zone, to the east; and WHEREAS, on April 12, 2018, pursuant to City of Miami Ordinance No. 13764, the Future Land Use ("FLU") 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"; and WHEREAS, on April 12, 2018, pursuant to City of Miami Ordinance No. 13765, the zoning classification for 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; and WHEREAS, the Applicant proffered, and the City Commission accepted, a Declaration of Restrictive Covenants as part of the change in zoning classification for 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; and below: WHEREAS, the Applicant agreed to proffer the following Uses in the Covenant as listed 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 WHEREAS, on December 10, 2020, pursuant to City of Miami Ordinance No. 13956, the FLU designation for parcels located at 2824 and 2828 Southwest 37 Avenue were changed from "Low Density Restricted Commercial" to "Medium Density Restricted Commercial"; and WHEREAS, on December 10, 2020, pursuant to City of Miami 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; and WHEREAS, the Applicant proffered, and the City Commission accepted, a Declaration of Restrictive Covenants as part of the change in zoning classification for parcels located at 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; and WHEREAS, the Applicant agreed to include Affordable or Workforce Housing or a contribution to the Public Benefits Trust Fund; and WHEREAS, on October 26, 2023, pursuant to City of Miami Ordinance No. 14227, the FLU designation for the Property was changed from "Medium Density Restricted Commercial" to "Restricted Commercial"; and WHEREAS, the change to the "Restricted Commercial" designation permits a maximum of one hundred fifty (150) dwelling units per acre; and WHEREAS, Article 3, Section 3.4.5 of the Miami 21 Code provides that 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; and WHEREAS, the Property is located in the Douglas Road TOD; and WHEREAS, the Applicant is proposing the construction of an eight -story Multi -Family ("Project"); and WHEREAS, the Project will utilize bonus height for a site with the "T5-O," Urban Center Transect Zone- Open, within a TOD abutting a "T3," Sub -Urban Transect Zone, to the maximum stories permitted in "T5-O," Transect Zones; and WHEREAS, the bonus Height contains 91,380 square feet of Floor Area within the top three floors, and WHEREAS, 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 the Miami 21 Code; and WHHEREAS, 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; and WHEREAS, the Project will consist of one hundred thirty (130) dwelling units and approximately 257,923 square feet of floor area; and WHEREAS, the Project will increase the maximum lot coverage for "T5-O," Transect Zone- Open, from 80% to 82%; and WHEREAS, the Project will have a six-foot (6') setback on the south and six-foot (6') setback on the west within a TOD development where a minimum of 26 feet (26') is required; and WHEREAS, the Project will increase the maximum allowable lot size from 40,000 square feet to 40,583 square feet; and WHEREAS, on June 20, 2024, the Urban Development Review Board recommended denial of the Project to the Director of the Planning Department; and WHEREAS, on September 30, 2024, the Coordinated Review Committee met and provided the Applicant with their comments and feedback; and WHEREAS, the Planning Department finds the four (4) requested Exceptions to be consistent with applicable Criteria of Article 7, Sections 7.1.2.6 of the Miami 21 Code; and WHEREAS, the Planning Department has reviewed the application and finds the proposed Exception consistent with the goals of Miami 21 and the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Planning Department, pursuant to Article 7, Section 7.2.6 and Article 4, Table 12 of the Miami 21 Code, recommends approval with conditions; and WHEREAS, on October 30, 2024, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the Exception(s) request, item PZAB.15, and passed PZAB-R-24-080, recommending to the City Commission approval with the additional condition that the west setback above the 4th floor comply with the Miami 21 Code requirements, by a vote of eight to zero (8-0); and WHEREAS, the City Commission has 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 Exceptions; 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 Miami City Commission hereby approves, with the following conditions, the requested four (4) Exceptions: an Exception pursuant to article 3, section 3.14.1.1.b of the Miami 21 Code 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; 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; an Exception pursuant to Article 5, illustration 5.5 of the Miami 21 Code to permit a six foot (6') setback on the south and six foot (6') setback on the west within a TOD development where a minimum of 26 feet (26') is required; and an Exception pursuant to Article 5, Section 5.5.1.i to permit a 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, in the "T5-O," Urban Center Transect Zone — Open, for the Property, subject to the following 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. 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 a 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 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. 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. 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 be effective immediately upon its adoption. 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.