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HomeMy WebLinkAboutR-26-0078City of Miami Resolution R-26-0078 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18133 Final Action Date: 2/12/2026 A RESOLUTION OF THE CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION WITH CONDITIONS TO ALLOW AN UP TO ONE HUNDRED PERCENT (100%) PARKING REDUCTION IN THE TOTAL NUMBER OF REQUIRED PARKING SPACES FOR A STRUCTURE WITH A FLOOR AREA OF TEN THOUSAND (10,000) SQUARE FEET OR LESS LOCATED WITHIN A TRANSIT CORRIDOR AREA PURSUANT TO ARTICLE 4, TABLE 4 (T4) AND ARTICLE 7, SECTION 7.1.2.6, OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR NEW CONSTRUCTION GENERALLY LOCATED AT 506 SOUTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jorge Abreu, on behalf of 506 Lucky Start, LLC ("Applicant"), applied for an Exception under Article 4, Table 4 (T4) 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, with City Commission approval, an up to 100% parking reduction for a Structure with a Floor Area of ten thousand (10,000) or less located within a Transit Corridor Area for the project generally located at 508 Southwest 8 Avenue, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, pursuant to Article 4, Table 4 (T4) of the Miami 21 Code, the Applicant is requesting an Exception, with City Commission approval, to reduce the parking ratio by up to 100% for a Structure with a Floor Area of ten thousand (10,000) square feet or less by process of Exception with City Commission approval; and WHEREAS, the requested Exception will allow the construction of a two-story structure consisting of two (2) dwelling units ("Residential Project"); and WHEREAS, the Property has a Lot Area that is approximately 3,794 square feet or 0.09 acres; and WHEREAS, the Residential Project's Floor Area is approximately 3,002 square feet, which allows a 100% parking reduction per Article 4, Table 4 (T4) of the Miami 21 Code by process of Exception with City Commission approval; and WHEREAS, Article 4, Table 4 (T4) provides for Residential Uses that, except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a Transit Oriented Development area or within a Transit Corridor area by up to thirty percent (30%) by process of Exception with City Commission approval; by up to fifty percent (50%) by process of Exception with City Commission approval and payment into a transit enhancement City of Miami Page 1 of 4 File ID: 18133 (Revision:) Printed On: 3/6/2026 File ID: 18133 Enactment Number: R-26-0078 Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less by process of Exception with City Commission approval; and WHEREAS, pursuant to Article 4, Table 4 of the Miami 21 Code, the required parking is three (3) parking spaces; however, the Applicant is providing one (1) parking space; and WHEREAS, the Applicant complies with the general intent of Article 4, Table 4 (T4) of the Miami 21 Code by decreasing the amount of parking from three (3) to one (1); and WHEREAS, the Property is zoned "T4-L," General Urban Transect Zone — Limited, on the Zoning Atlas of the Miami 21 Code; and WHEREAS, the Property is located within the Miami Comprehensive Neighborhood Plan's Future Land Use designation of "Low -Density Restricted Commercial"; and WHEREAS, the Planning Department finds the Applicant's request complies with all applicable criteria set forth in Article 7, Sections 7.1.2.6.b.4 of Miami 21 Code; 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, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 3, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R-25- 047 by a vote of seven to zero (7-0), Item No.4 recommending approval of the Exception; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, 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 have been afforded to all parties and members of the public, there is competent, substantial evidence in the record to approve, with conditions, the Exception as stated herein; 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 City Commission hereby approves, subject to the conditions listed below, the Exception pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code: 1. The Project shall be developed according to the plans and supporting documents bearing the ePlan Stamp for Exception PZ-23-17001. 2. This Residential Project shall have one (1) parking space. A separate application is required for any additional parking spaces. City of Miami Page 2 of 4 File ID: 18133 (Revision:) Printed on: 3/6/2026 File ID: 18133 Enactment Number: R-26-0078 3. Prior to the issuance of the building permit, the height of the building shall be measured from the Base Flood Elevation plus freeboard to the top of the roof slab. 4. Prior to the issuance of the building permit, the walkway shall be labeled on the site plan to clearly differentiate it from the driveway. 5. Prior to the issuance of the building permit, the landscape plan shall be coordinated to match the proposed layout shown on the site plan. 6. Prior to the issuance of a building permit, the Applicant shall provide plan drawings that demonstrate compliance with Article 5, Article 5.4.7 Ambient Standards (T4) of the Miami 21 Code. 7. 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 nuisances will be addressed and resolved immediately. 8. 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. 9. Pursuant to the Miami 21 Code, Section 7.1.2.6.e, "[a]n Exception shall be valid for a period of three (3) years, during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit." 10. The City reserves the right to inspect the Property site to ensure compliance with the conditions listed. 11. 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 under 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 be effective (10) ten days after adoption.1 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 4 File ID: 18133 (Revision:) Printed on: 3/6/2026 File ID: 18133 Enactment Number: R-26-0078 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y tor -y 10/7/2025 City of Miami Page 4 of 4 File ID: 18133 (Revision:) Printed on: 3/6/2026