HomeMy WebLinkAboutPZAB (16272) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-087
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 16272 Date Rendered: 1/07/2025
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING APPROVAL WITH CONDITIONS TO THE
MIAMI CITY COMMISSION, AN EXCEPTION PURSUANT TO ARTICLE 4, TABLE 4,
OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW A FIFTY PERCENT (50%)
PARKING REDUCTION IN THE TOTAL NUMBER OF REQUIRED PARKING SPACES
FOR A PROJECT LOCATED WITHIN A TRANSIT CORRIDOR AREA, A WAIVER
PURSUANT TO ARTICLE 7, SECTION 7.1.2.5.A.29 OF THE MIAMI 21 CODE TO
PERMIT UP TO A TEN PERCENT (10%) REDUCTION IN THE LENGTH OF THE
FACADE ALONG THE PRINCIPAL FRONTAGE LINE, AND A WAIVER PURSUANT
TO ARTICLE 7, SECTION 7.1.2.5.A.29 OF THE MIAMI 21 CODE TO PERMIT UP TO
A 10% REDUCTION IN THE OPEN SPACE FOR NEW CONSTRUCTION
GENERALLY LOCATED AT APPROXIMATELY 459 NORTHEAST 25 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Carli Koshal, Esquire, on behalf of Habitus Edgewater HF1 B LLC
("Applicant") requests an Exception and two (2) subordinate Waivers for new construction
("Project") generally located at 459 Northeast 25 Street, Miami, Florida, as more particularly
described in the attached and incorporated Exhibit "A" ("Property"); and
WHEREAS the Property is generally located mid -block of Northeast 25 Street and is
bounded by Northeast 26 Street to the north, Biscayne Bay to the east, Northeast 25 Street to
the south, and Biscayne Boulevard to the west of Property, as more particularly described in the
attached and incorporated Exhibit "A," and
WHEREAS, the Property is located within the "T6-36A-L" Urban Core Transect Zone —
Limited, pursuant to the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of
Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the Property is located within the Miami Comprehensive Neighborhood
Plan's Future Land Designation of "Restricted Commercial"; and
WHEREAS, the Property is approximately 8,880 square feet, or 0.20 acres; and
WHEREAS, the requested Exception and subordinate Waivers will allow the construction
of an eight (8) Story Structure to be used for a Lodging, Hotel Use ("Hotel"); and
WHEREAS, the total parking provided for the Project is 22 parking spaces; and
Date Rendered: 1/07/2025
City of Miami Page 1 of 4 File ID: 16272 (Revision:) Printed On: 1/7/2025
WHEREAS, pursuant to Article 4, Table 4 of the Miami 21 Code, except for sites within
500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced for sites within a
Transit Oriented Development ("TOD") area or within a Transit Corridor area by up to thirty
percent (30%) by process of Exception with City Commission approval, and reduced up to a fifty
percent (50%) by process of Exception with City Commission approval and payment into a
transit enhancement Trust Fund, as established by Chapter 35 of the City Code; and
WHEREAS, the Applicant requests an Exception to allow a fifty percent (50%) parking
reduction for the Hotel project located within a Transit Corridor Area with City Commission
approval and payment into the transit enhancement Trust Fund established by Chapter 35 of the
City Code; and
WHEREAS, per Article 7, Section 7.1.2.6.b.4 of the Miami 21 Code states that the
review of an application for an Exception shall be reviewed for compliance with the regulations
of the Miami 21 Code and shall consider the manner in which the proposed Use will operate
given its specific location and proximity to less intense Uses, and review shall apply Article 4,
Table 12 Design Review Criteria of the Miami 21 Code, as applicable; and
WHEREAS, pursuant to Article 7, Section 7.1.2.5 of the Miami 21 Code, the Waiver
permits minor deviations from the Miami 21 Code in certain specified circumstances as provided
in the various articles of the Miami 21 Code and as consistent with the Guiding Principles in
Article 2 of the Miami 21 Code; and
WHEREAS, pursuant to Article 7, Section 7.1.2.5.a.29 of the Miami 21 Code, the
Applicant is requesting a Waiver to permit up to a ten percent (10%) reduction in the length of
the facade along the principal frontage line; and
WHEREAS, pursuant to Article 7,Section 7.1.2.5.a.29 of the Miami 21 Code, the
Applicant is also requesting a Waiver to permit up to a ten percent (10%) reduction in the Open
Space of the total Lot Area; 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 Exception, and
associated Waivers; and
WHEREAS, the Applicant's request complies, with conditions, with all applicable
regulations; and
WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have
been met with the conditions as stated in Section 2 herein, including the added condition that
the Applicant, and any successor or assign, shall pursue with the Miami Parking Authority
("MPA") designation of on -street parking spots directly in front of the building for ride share drop
off/pick up and demonstrate, via evidence, such efforts of coordination with the MPA to City
Planning staff; and
WHEREAS, the Planning, Zoning, and Appeal Board ("PZAB"), after careful
consideration of this matter, deems it advisable and in the best interest of the general welfare of
the City and its inhabitants to, recommends approval with conditions of the requested Exception
and associated two (2) subordinate Waivers;
City of Miami Page 2 of 4 File ID: 16272 (Revision:) Printed On: 1/7/2025
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND
APPEALS BOARD 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. PZAB recommends to the City Commission approval of the Exception, and
associated Waivers, contingent upon compliance with 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-23-15885.
2. The Applicant, and any successor or assign, shall pursue with the Miami Parking
Authority ("MPA") designation of on -street parking spots directly in front of the building
for ride share drop off/pick up and demonstrate, via evidence, such efforts of
coordination with the MPA to City Planning staff.
3. At time of building permit, the Applicant shall provide a letter from the Miami Parking
Authority indicating the number of on -street parking spaces, which are directly adjacent
to the Property, and which are available for use by the Project.
4. The Project shall comply with the conditions set forth in Waiver PZ-19-3890.
5. 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.
6. Prior to the issuance of a building permit, the Applicant shall provide the professional
landscape preparer's certificate.
7. The Applicant shall ensure the Fire Department Connection is concealed behind a Street
screen, per Section 5.6.2.(i) of the Miami 21 Code.
8. 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 (1) time extension, for a period
not to exceed an additional year, may be obtained upon approval by the Planning
Director."
9. The City reserves the right to inspect the Property to ensure compliance with the
conditions as listed.
10. 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 Miami 21
Code, the City Code, and any other regulation(s).
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 immediately upon its adoption.
City of Miami Page 3 of 4 File ID: 16272 (Revision:) Printed On: 1/7/2025
Reviewed and Approved:
David Snow
City of Miami Page 4 of 4 File ID: 16272 (Revision:) Printed On: 1/7/2025
J1\
JOHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
SUITE 3025 :664.T.:=11 TRAIL NORTH
nln`30512ao aoozs F H: 11236) e3ao-ae50
FAX: 13051362.901 FAX: /239)040-2654
OLIO No.: 01{3230-041-0001 (REFERENCE)
PROPERTY ADDRESS.500 NE 26 ST
CYVNEr REFERENCE ONLY
-_
BI_cCY.-N r.
LIMIT OF PLAT
(N.A P)
C. O 45' 1NL
TWO STORY
WOOD
APARTMCNT
ALTA/NSPS Land Title Survey
-H0
GRAPHIC SCALE
10 20 40
80
BANYAN I LACE FOLIO No.: 01-3230-021-0190 I
AMID & EST PROPERTY ADDRESS: 522 NE 26 BT
(P B. B. T>G.55) OWNER. ESI.IERALDA : GERRY H PARE()ES
LOT O IMIT OF PLAT SURVEYOR'S CERTIFICATE: ( p) UNceeuINNES RESULTING FRO1.4 THE SURVEY 111EA,RE1.4eRTS IeAOE THE SURVEY LIO NOT EXCEED
819CK-P Iril- THE. LLOINAELEPCSI,ONAL TONER., NCE,
LOT•1
BLOCK-1
WOFFORD & JOHNSON'S
RE -SUBDIVISION
(P.B.7-PG.111) �.s.
TWO STORY /
WOOD
R,US. Jf 459
E1Ee=X No' U
0
s
�
o U_ G/GG.a
GIGG
FP
TT P r 3° tiff
RAMIMMMIMMaaRUNAMMEAMM
FA FP
F DEFF,F a
JT.. r_e o
NE 26th `STREET
w ;Are=DAL :ra w ,n
7, �IAi�,rL
4t1—
c v�—�
(IN FEET)
1 INCH = 20 FEET
REOUIPEMENTS FOR SURVEY S MEASUREMENTS WHICH CONTROL ,ND 13,NDARIES FOR ALTAANSPS ,ND PTLE SURVEY, OR
RESULTS COMPARABLE TO THOSE OUTLINED IN TNE GAME. ANOLE,DISTAN A, AND CLOSURE REQUIREMENTS FOR SURVEY
LIESURELIENTSWHICH 10A2MOL LAND BOUNDARIES FOP ALTA/NSPSLND,. SURVEYS."
FLORIDA2. ADDRESS(ES)OF THE SURVEYED PROPERTY , 4E0. 25 STREET MOM( _
THEPROPERTY HAS
DIREST PEDESTRIAN EL AN RCS,F BL USED AND MAINTAINED STREETS OR HIGHWAYS KNOWN AS
STREET.
3. EMERGENCY MANAGEMENTAOEvON O THEvaoPEary DOES LIE
ZO SPECIAL OE THEFLo oINSURA cE RATE OAPIDENTFIED,L
SOMMUNSFY NO. 120660 PANEL NO 0316. SUFFIX "L". ANO HAVING A BASE ROOD OF 5 FEET, BEARING AN EFFECTIVE DATE OF avh I/2Dca
REA OF THE SUBJECT PROPER, IS IN TOIL t BMS SO, RE FEET, 01, ACRES A S DESCRIBED IN'(PIE LEGAL
DESCRIPTION
THE LOCATION OE THE SUBJECT PROPERTY IS IN ZONE TN-BB+i URBAN CORE ZONE SETBACrcSARE AS PER CI, OF EMU'
ZON, SETBACKS 0UST BE CHECKED WITH PLE CI, OF (.114,14/ BUILD/NG DESARTOENT PRIOR TO APO...CONSTRUCT/GA OR DESION
SECONDARY FRONT. IC FEET
SIDE ET FEET
REAR= GEE,
ARTICLE TABLE DENG,. INTENSITY AND PARKING'
FESIDENNAL
10,0,, BITS WPM WE FEET °FAN UNWED ZOA, ME PARKING ,11, PE PED1.10 OLA APE,Ft
• (STAPP 1,80. FAWNS RESEEE VAL !WES LOC,E,11,N LW 6 FEET, A ',MOREL 0, 4 LIETRAIOVER SEA T SNAIL NOT BEREWATED.
• Y1... WY SE YHOVIDES L.SE OFFS./ FeeraP ((HASPS., OF lOOSSPSCPPF OR, AST, (ATOP 50( FeeTAA
• LIVE-110, - WOO( C.FAVENT SNAIL PROVIDE PARKING PS REWIRES RS IHENON-FESIDENDSL LOCINSGAIDON TOSSOPPOAEOURED P-E
3nNRA°- MANHDLL
-A,2FOR
mE
EDGIEWATER ( P.B. 2, PG-31)
( WOFFOFOLIO No..: 01-3230-0260180 B �' Pc.133) PROPER,' ADDRESS. 455 NE 24 ST
OWNER. MCREF EDGEWATER LLC
TREE TABLE
NAME
DIAMETER
HEIGHT
CANOPY
(Ft
(Ft
(FAT
PA LAI
18 GC
15 GO
GG
TRAVELLER PALM
16 GC
3 GO
PALM GROUP (3;
GO
6.00
TRAVELLER PALM
12 GO
GO
TRAVELLER PALM
1,0
GO
UNKNOPP
1,0
FICUS
UNKNOPP
25 OG
ROYAL PONCIA NA
11
PALM
35 GO
12
PALM
110
PA LAI
1 25
PALM
PALM
110
16
PALM
17
PALM GROUP (31
10 GO
6.00
ZONING SKETCH
SCALE =N.T.S.
• ASSERT FOR SAES AVFAN SO FEET ORAN UNGP TED FRANSECTZOAE, THERSMANG PA POWYS/ REMO. POONA MOORE, OR P.M, ((WNW
(RIM R.RE OFFENTR D,EA,.OU.RE TORLESB F ENRNYDPFG �� .Trau .YE FEB FL w ABET
,AD/RF
BUILDINGTOE TOTAL AREA (BASED UPON EXTERIOR FOOTPRINT 01e,1102Grx, GROUND SURFACE, NOT INTERIOR UNABLE
FL
TWO STORY APARTMENT IS 832.68 SQUARE FEET./ TWO STORY P.RTAEJT RES. PPSAIS„c81.97 SOPA RE FEET.
FLO, ELE,TION OF EXISTING BUILDING( IS.
TWO STORY APARTMENT PM FEEL/ TWO MR./APARTMENT RES. A r696.34 FEET.
THE HI,EST PART OF RO, TWO STORY AFARTI.,R.r2E.ea FSANEfEVP ELEVATION ISSXY.xFEE/APARALQ.V.D. MENT ES.P 9032..73 FEET.
(E.G., PARKING LOTS. BILLBDARa, eIGN3. SWIMMING POOLS, UNDSGAPED
AREAS SUBSTANTIAL AREAS REPOSE SNOIA, OA' TFE SURVEY
0. THERE AEE XX REGULAR PARKING SPACES AND XXX MARKED NANDI,PP, PARKING SPACES ON TOE SUBJECT PROPERTY.
P. NG PART OR COGVON WALLS WERE 013,101, D ALMS ERE PROPER, LINES.
•
N. of -east 26 rra
lTl
11 l
I ti,••
f I
1,
LAB
Not thew 24th Street
if
LOCATION SKETCH
SCALE-1"-SOO'
FAMSOFAILf 5r LC HR5 P OS( OTHER 51,11,R ( Jar_ ,RFR lRL Js l,.b CHSO. CI 5I7
TITLE COMMITMENT NOTES:
THAT I NAVE REVIEWED THE COMMITMENT ANDALL ITEMS ARE SHOWN OA' THE SURVEY
THE RRRANCECOMPANYRconnun.1,T Nun; ER 1,344
, ae-ISSUING REPUBLIC
SS SE�DR4,EDnnE
ITEM 110.5. ALL M11, TTERS CONTAINED ON THE P,T SIR, SLBDIVLSION, AS RECORDED PI
PLAT BOON ',PA, SG. PUBLIC RECORDS OF 111.01-DADE COUNTY, FLORIDA. OGES AFFECTS
THEPPOPERTY LOTUSES, ROAD LINES AS SHOWN ON PLAT
CGUNN. FLOW, . DOES AFFECTS TNE PROPER, LOT LINES 6 ROAD LINES A S SHOWN ON
CITY OF MIAMI
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND IS DESCRIBED
AS FOLLOWS.
THE EAST 20 FEET OF LOT 2, BLOCK 1. OF BIRD'S SUBDIVISION.
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
4, ATPAGE 82, AND LOT 1, BLOCK 1, OF WOFFORD & JOHNSON'S
RE -SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 7, PAGE 111, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA
SURVEYORS NOTE
1. THERE GIG, BE ADDIPONAL EASEMENT FOR UTILITIES OVER ERE NORTH AND
WEST SIDES GE TOE SUBJECT PROPERTY. THAT ARE NOT SM1OWN ME PLAT OF
RECORD, FOR UPLITY POLE AND MY ANCHORS
2 BBL DENOTES BASE BUILDING LINE
MENTIONED ON ,E PROPERTY LE,L DESCRIPTION A 110,OR CITY 11,VIAM111 A T,8
LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY.
PLANNING S ZONING RESOURCE COMPANY
• UNLESS OTHERWISE NOTED, ERIS FIRM HAS NOT A ETEMPTED TC LOCATE FOOTING
• BOUN,RE SURVEY XlEANS A DRAWING AND,R A GRAPHIC REPRESENTATION OE THE
SURVEY WORN PERFORLIED ThEReFo. COULD BE DRAWN A T A SHOWN E,LE
ANWOR NOT TO SCA. THE VAAL, OF FENCES MAY BE EXAGGER,ED FOR CLFRITS
PURPOSES
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
459 NE 25 STREET MIAMI, FLORIDA 33137
BASED UPON TITLE COMIAITMENT ISSUING OFFICE:23E6E
COAIMITMENT NUMBER :12113444
OF OLD REPUBLIC NATIONAL TITLE INSURANCE COAIPANY
BEARING AN EFFECTIVE DATE OF DECEMBER 25. 2021 AT 11:02 PM
SURVEYOR'S CERTIFICATION
REPUBLICTO: COI AL TITLE INSURANCE COLMAN,' SANJERAG AMC RDviENA.0 HABITUE ECGOVATER LC HF1.B L. A
FLORIDA LIMITED Ee LIABILITY COMPANY ITS SUCCESSOR AND/OR ASSIGNS. ASTHEIR RESPECTIVE INTERESTS MAY APPEAR:
THIS IS TO CERTIFY THAT THIS MAP OR PLAT AMP THE SURVEY ON v:HICK IT IS BASED WERE MADE IN ACCORDANCE 101 =
THE 2621 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA NSPS LAND TITLE SURVEYS:" JOINTLY ESTABLISHED AND
ADOPTED BY ALTA AND NSPS. AND INCLUDES ITEMS 1.114.5 ](A)T(B(11,es,13.16.19, OF TABLE A THEREOF THE FIELD WORN
61,,P ����NEN6oI91; YN5,edbooHNA
Aao41Acrobat version: 06/30/2022
JOHN IBARRA (DATE OSUP.VEY)
PROFESSIONAL LAND SJFVEYCRN0.: 5204 STATE OF FLORIDA(NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL ROSES RDA LICENSED EL PVE
REVISED SUFI',
I HEREBY CERTIFY. MIS OLTAANSRS SURVEY. OF THE PROPERTY DESCRIBED BERSON, HAS RECENTLY BEEN SURVEYED
A NO ORA WA' UNSER MS SUPERVISION AND COMPLIES WEN ME STANDARDS OF PRACTICE AS SET FERTH BY TLC FLORIDA
BOARD OF PROFESSIONAL,. SURVEYORS IN CHAPTER 5.1.17, FLORIDA ADMINISTRATIVE CODE PURSUANT TO 462.027,
FLORIDA STATUTES
Project Address:
459 NE 25 STREET MIAMI. FLORIDA 33137
Project Location: MIAMI-DADE COUNTY
SECTION 30 TOWNSHIP 53 SOUTH, RANGE 42 EAST
Fallo No.: 01-3230-024-0010
DRAWN BY: LK
Job Number: 22-001482-1
777 N W. 72nd AVENUE SUITE3025
MIAMI. FLORIDA 33126
TELEPHONE: (305) 262-0400 FAX (305) 262-0401
www.lbarralandsurveyrys.com
id! Jib-arra
And As os r. ,10rar.
LAND SURVEYORS
ONN IBARR Digitally signed by
JOHN A IBARRA
rare 04 5204to Date: 2023.02.02
.9 09:12:11 -05'00'
p `<ORloe Adobe Acrobat
't'4( LptA version:
L8M7806 2018.009.20050