The URL can be used to link to this page

Home My WebLink AboutR-25-0111City of Miami Resolution R-25-0111 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16957 Final Action Date: 3/13/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING 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 FAQADE 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 TEN PERCENT (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," ATTACHED AND INCORPORATED; 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 to allow a fifty percent (50%) parking reduction in the total number of required parking spaces and two (2) subordinate Waivers — to permit up to a ten percent (10%) reduction in the length of the facade along the principal frontage line and to permit up to a ten percent (10%) reduction in the Open Space of the total Lot Area — 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 Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Property is located within the Miami Comprehensive Neighborhood Plan's ("MCNP") 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 City of Miami Page 1 of 4 File ID: 16957 (Revision:) Printed On: 8/19/2025 File ID: 16957 Enactment Number: R-25-0111 WHEREAS, the total parking provided for the Project is twenty-two (22) parking spaces; and 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, 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, the Applicant requested an Exception to allow a fifty percent (50%) parking reduction in the total number of required parking spaces for the Project, in addition to two (2) Waivers as described herein; 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, on December 18, 2024, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application for an Exception, Item PZAB 13, and passed PZAB-R-24-087, recommending by a vote of seven to zero (7-0) approval with conditions, 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, 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, it is found that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; and WHEREAS, the City Commission, after careful consideration, approves with conditions the requested Exception and associated two (2) subordinate Waivers, as stated herein; City of Miami Page 2 of 4 File ID: 16957 (Revision:) Printed on: 8/19/2025 File ID: 16957 Enactment Number: R-25-0111 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 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. At time of building permit, the Applicant, owner, or any successor or assign, 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. 3. The Applicant, owner, or 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. 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, owner, or any successor 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, owner, or any successor shall provide the professional landscape preparer's certificate. 7. The Applicant, owner, and any successor 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. City of Miami Page 3 of 4 File ID: 16957 (Revision:) Printed on: 8/19/2025 File ID: 16957 Enactment Number: R-25-0111 Section 4. This Resolution shall become effective ten (10) days after adoption by the City Commission.' APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y ttor -y 1/13/2025 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 4 of 4 File ID: 16957 (Revision:) Printed on: 8/19/2025