HomeMy WebLinkAboutR-24-0480City of Miami
Resolution R-24-0480
Legislation
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
City of Miami Page 1 of 7 File ID: 16818 (Revision:) Printed On: 8/11/2025
File ID: 16818 Enactment Number: R-24-0480
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;
City of Miami Page 2 of 7 File ID: 16818 (Revision:) Printed on: 8/11/2025
File ID: 16818 Enactment Number: R-24-0480
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
City of Miami Page 3 of 7 File ID: 16818 (Revision:) Printed on: 8/11/2025
File ID: 16818 Enactment Number: R-24-0480
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:
City of Miami Page 4 of 7 File ID: 16818 (Revision:) Printed on: 8/11/2025
File ID: 16818 Enactment Number: R-24-0480
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.
City of Miami Page 5 of 7 File ID: 16818 (Revision:) Printed on: 8/11/2025
File ID: 16818 Enactment Number: R-24-0480
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.
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.
City of Miami Page 6 of 7 File ID: 16818 (Revision:) Printed on: 8/11/2025
File ID: 16818 Enactment Number: R-24-0480
APPROVED AS TO FORM AND CORRECTNESS:
g Wy j ng fll, C y ttor y 11/12/2024
City of Miami Page 7 of 7 File ID: 16818 (Revision:) Printed on: 8/11/2025