HomeMy WebLinkAboutR-24-0508City of Miami
Resolution R-24-0508
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16974 Final Action Date: 12/12/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING AN EXCEPTION WITH CONDITIONS
PURSUANT TO ARTICLE 4, TABLE 4 AND ARTICLE 7, SECTION 7.1.2.6 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW A PARKING
REDUCTION OF UP TO 100% WITHIN A TRANSIT -ORIENTED
DEVELOPMENT ("TOD") AREA FOR A STRUCTURE WITH A FLOOR AREA
OF LESS THAN 10,000 SQUARE FEET AT THE REAL PROPERTY
DESIGNATED "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED,
GENERALLY LOCATED AT 933 SOUTHWEST 4 AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARITY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Clara Garcia, on behalf of 933 SW 4TH AVENUE LLC ("Applicant"), applied
to the City of Miami ("City") for an Exception to allow a 66% parking reduction in the total
number of required parking spaces for a project located within a Transit Oriented Development
("TOD") area or a Transit Corridor area, pursuant to Article 4, Table 4 and Article 7, Section
7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, the subject property is located at 933 Southwest 4 Avenue, as more
particularly described in Exhibit "A" ("Property"), is zoned "T4-R," General Urban Transect Zone
— Restricted, and it located within both a TOD and a Transit Corridor area; and
WHEREAS, the requested Exception will allow the construction of a three-story
Multifamily Residential project with two (2) parking spaces; and
WHEREAS, Article 4, Table 4 of the Miami 21 Code requires an Exception with City
Commission approval to allow up to a 100% parking reduction for any Structure with a Floor
Area of ten thousand (10,000) square feet or less for property located within the "T4-R" General
Urban Transect Zone; and
WHEREAS, the requested Exception allows for a 66% parking reduction for a structure
of less than 10,000 square feet in size within a TOD area or Transit Corridor area to
accommodate the Applicant's parking reduction request; and
WHEREAS, the Planning Department finds the proposed parking reduction to be
consistent with applicable Criteria of Article 7, Sections 7.1.2.6, including but not limited to
Article 4, Table 12; and
City of Miami Page 1 of 3 File ID: 16974 (Revision:) Printed On: 8/12/2025
File ID: 16974 Enactment Number: R-24-0508
WHEREAS, the request is consistent with the Miami Comprehensive Neighborhood Plan
("MCNP") Transportation Policy 2.1.3's objective to encourage increased density of
development in TOD areas and near transit corridors and Metrorail stations; and
WHEREAS, the Planning Department has reviewed the application and finds the
requested Exception is consistent with the goals of the Miami 21 Code and the MCNP; and
WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami
21 Code, recommends approval with conditions; and
WHEREAS, on November 20, 2024, at a duly noticed public meeting, the Planning,
Zoning and Appeals Board ("PZAB") considered the application for an Exception, item PZAB. 5,
and passed PZAB-R-24-083, recommending approval with conditions, by a vote of seven to one
(7- 1); 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
Exception;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI 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 City Commission approves the Exception pursuant to Article 4, Table 4
and Article 7, Section 7.1.2.6 of the Miami 21 Code, subject to the following conditions:
1. The Project shall be developed in accordance with the plans and supporting
documents bearing the ePlan Stamp for the Exception PZ-23-16677.
2. The Applicant, owner, and any successor shall comply with the requirements
of all applicable departments/agencies as part of the City of Miami building permit
submittal process.
3. The Applicant, owner, and any successor shall meet the conditions from all
applicable local, state, and federal regulations.
4. Prior to the issuance of a building permit, the Applicant shall provide a Trip
generation memorandum to the Resilience and Public Works Department for analysis
and determination of level of traffic data analysis needed.
5. Pursuant to Miami 21 Code, Section 7.1.2.6.e, "[a]n Exception shall be valid
for a period of two (2) years during which a building permit or Certificate of Use must be
obtained. This excludes a demolition or landscape permit. A one-time extension, for a
City of Miami Page 2 of 3 File ID: 16974 (Revision:) Printed on: 8/12/2025
File ID: 16974 Enactment Number: R-24-0508
period not to exceed an additional year, may be obtained if approved by the Planning
Director."
6. The City reserves the right to inspect the Property site to ensure compliance
with the conditions as listed.
7. Failure to comply with the conditions herein may result in the immediate
revocation of this Exception and shall be subject to any fines and penalties pursuant to
the Code of the City of Miami, Florida, as amended.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective after 10 (ten) days upon adoption by
the City Commission.'
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy ng III, C y ttor -y 12/3/2024
1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File ID: 16974 (Revision:) Printed on: 8/12/2025