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HomeMy WebLinkAboutPZAB (7583) Resolution - Pending ExecutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com Enactment Number: PZAB-R-20-028 File ID: 7583 Final Action Date: 8/5/2020 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL BY THE REQUIRED SUPERMAJORITY VOTE TO THE MIAMI CITY COMMISSION REGARDING ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, ("MIAMI 21 AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-L" URBAN CORE TRANSECT ZONE - LIMITED TO "76-8-0" URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 1139, 1146, 1148, 1155, 1157, 1160, 1161, 1164, 1166, 1169, 1177, 1208, 1212, 1216, 1223, 1230, 1233, 1238, 1241, 1244, 1245, 1300, 1305, 1312, 1316, 1318, 1338, 1342, 1344, 1352, 1358, 1360, 1363, 1400, AND 1414 NORTHWEST 7 COURT, 1136, 1145, 1146, 1147, 1156, 1158, 1159, 1163, 1165, 1190, 1192, 1194, 1196, 1201, 1216, 1227, 1228, 1230, 1233, 1241, 1243, 1251, 1303, 1313, 1319, 1320, 1321, 1325, 1337, 1345, 1345, 1351, AND 1361 NORTHWEST 8 AVENUE, 1171, 1173, 1217, 1219, 1222, 1224, 1226, 1230, 1232, 1234, 1248, 1310, 1312, 1320, 1321, 1322, 1326, 1330, AND 1350 NORTHWEST 8 COURT, 1133, 1150, 1177, 1180, 1181, AND 1191 NORTHWEST 8 STREET ROAD, 1220, 1223, 1230, 1231, 1234, 1235, 1236, 1238, 1246, 1247, 1302, 1310, 1311, 1313, 1318, 1320, 1328, 1331, 1333, 1335, 1336, 1337, 1342, 1345, 1349, AND 1361 NORTHWEST 9 AVENUE, 1200, 1231, 1311, 1321, 1331, AND 1347 NORTHWEST 10 AVENUE, 1145, 1157, 1158, 1180, 1204, 1226, 1244, AND 1249 NORTHWEST 11 STREET ROAD, 720, 724, 726, 727, 737, 745, 747, 756, 758, 759, 760, 762, 771, 777, 803, 806, 808, 810, 813, 816, 826, 828, 836, 843, 845, 847, 849, 914, AND 933 NORTHWEST 12 STREET, 732, 735, 763, 766, 770, 771, 808, 833, 851, 853, AND 919 NORTHWEST 13 STREET, 724, 783, 784, 786, AND 800 NORTHWEST 14 STREET, 1000, 1005, 1008, AND 1010 SPRING GARDEN ROAD, AND 1000 SUNNYBROOK ROAD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 1139, 1146, 1148, 1155, 1157, 1160, 1161, 1164, 1166, 1169, 1177, 1208, 1212, 1216, 1223, 1230, 1233, 1238, 1241, 1244, 1245, 1300, 1305, 1312, 1316, 1318, 1338, 1342, 1344, 1352, 1358, 1360, 1363, 1400, and 1414 Northwest 7 Court, 1136, 1145, 1146, 1147, 1156, 1158, 1159, 1163, 1165, 1190, 1192, 1194, 1196, 1201, 1216, 1227, 1228, 1230, 1233, 1241, 1243, 1251, 1303, 1313, 1319, 1320, 1321, 1325, 1337, 1345, 1345, 1351, and 1361 Northwest 8 Avenue, 1171, 1173, 1217, 1219, 1222, 1224, 1226, 1230, 1232, 1234, 1248, 1310, 1312, 1320, 1321, 1322, 1326, 1330, and 1350 Northwest 8 Court, 1133, 1150, 1177, 1180, 1181, and 1191 Northwest 8 Street Road, 1220, 1223, 1230, 1231, 1234, 1235, 1236, 1238, 1246, 1247, 1302, 1310, 1311, 1313, 1318, 1320, 1328, 1331, 1333, 1335, 1336, 1337, 1342, 1345, 1349, and 1361 Northwest 9 Avenue, 1200, 1231, 1311, 1321, 1331, and 1347 Northwest 10 Avenue, 1145, 1157, 1158, 1180, 1204, City of Miami Page 1 of 4 File ID: 7583 (Revision: C) Printed On: 9/9/2020 1226, 1244, and 1249 Northwest 11 Street Road, 720, 724, 726, 727, 737, 745, 747, 756, 758, 759, 760, 762, 771, 777, 803, 806, 808, 810, 813, 816, 826, 828, 836, 843, 845, 847, 849, 914, and 933 Northwest 12 Street, 732, 735, 763, 766, 770, 771, 808, 833, 851, 853, and 919 Northwest 13 Street, 724, 783, 784, 786, and 800 Northwest 14 Street, 1000, 1005, 1008, and 1010 Spring Garden Road, and 1000 Sunnybrook Road, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated (collectively, "Property"), are adjacent to the Culmer Metrorail station and generally bounded by State Road 836, the Metrorail guideway, and Northwest 7t" Avenue and are zoned T6-8-L,"Urban Core Transect Zone - Limited"; and WHEREAS, despite being designated mostly T6-8, "Urban Core Transect Zone", the property in this neighborhood generally bounded by State Road 836, the Metrorail guideway, and Northwest 7t" Avenue is developed to only approximately five percent (5%) of its overall development capacity with many properties completely vacant; and WHEREAS, there are approximately 20.93 acres of property in this area around the Culmer Metrorail station; and WHEREAS, the Culmer Metrorail station is the 5th most underutilized station along the Metrorail network (based on a weekday average) according to the Miami -Dade County Transportation and Public Works Department; and WHEREAS, the City's Planning Department found that the lack of development around the Culmer Metrorail station is possibly a reason for, or a consequence of, low Metrorail ridership; and WHEREAS, the City's Planning Department found that either of these scenarios can be explained by a lack of Transit Oriented Development Area ("TOD") incentives or incorrectly calibrated zoning; and WHEREAS, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), has many incentives directed towards TODs and these incentives have yielded robust development around other TODs and Transit Corridors; and WHEREAS, properties zoned T6-8-0, "Urban Core Transect Zone - Open," around the Culmer Metrorail station are largely developed to the Transect Zone's intentions while properties zoned T6-8-L, "Urban Core Transect Zone - Limited," around the Culmer Metrorail station are not; and WHEREAS, the City's Planning Department found that these two (2) factors, together, suggest there is a need to correctly calibrate the zoning around the Culmer Metrorail station; and WHEREAS, the City's Planning Department found that rezoning the Property around the Culmer Metrorail station from T6-8-L, "Urban Core Transect Zone - Limited," to T6-8-0, "Urban Core Transect Zone - Open," will allow more robust mixed -use development without increasing residential density; and WHEREAS, the City's Planning Department found that a proposed text amendment targeting T6-8-0, "Urban Core Transect Zone - Open," properties may further incentivize development around the Culmer Metrorail station, though this proposed zoning change is necessary and independent from that amendment; and City of Miami Page 2 of 4 File ID: 7583 (Revision: C) Printed On: 9/9/2020 WHEREAS, the proposed text amendment confers benefits only in exchange for Affordable Housing at or below 100% of Area Median Income ("AM I"); and WHEREAS, Article 2, Section 2.1.3.1 of the Miami 21 Code states that "[n]ew development should be structured to reinforce a pattern of Neighborhoods and urban centers, focusing growth at transit nodes rather than along Corridors"; and WHEREAS, in particular, TODs are uniquely equipped to absorb increased development intensity due to the mitigating effects of fixed -rail mass transportation; and WHEREAS, Article 2, Section 2.1.3.1 of the Miami 21 Code states that "[t]he City should expand and enhance transit opportunities and connections throughout the City"; and WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code provide that a change to the Zoning Atlas of the Miami 21 Code may be made only to the next Transect Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the City's Planning Department found that the proposed zoning change furthers the goals and objectives of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the City's Planning Department found that the proposed zoning change furthers the goals of the Miami 21 Code centered on focused growth around transit and preservation of neighborhoods through transitions in intensity and building height; and WHEREAS, the City's Planning Department recommended approval of the proposed zoning change from T6-8-L, "Urban Core Transect Zone — Limited", to T6-8-0, "Urban Core Transect Zone — Open" of the Property; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed zoning change, including changing and changed conditions that make the passage of the propose zoning change necessary; and WHEREAS, the PZAB considered whether this zoning change maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the zoning change was made, wherein five (5) PZAB members voted in favor and four (4) PZAB members voted against, failing to receive the required supermajority vote to recommend approval pursuant to Section 62-17(d) of the Code of the City of Miami, Florida, as amended, and Section 7.1.1.4(d)(4) of the Miami 21 Code; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 3 of 4 File ID: 7583 (Revision: C) Printed On: 9/9/2020 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 Planning, Zoning and Appeals Board ("PZAB") fails to recommend approval by the required supermajority vote to the Miami City Commission regarding amendment of the Zoning Atlas of the Miami 21 Code by changing the zoning classification from T6-8-L, "Urban Core Transect Zone — Limited", to T6-8-0, "Urban Core Transect Zone — Open", for the Property, which is generally bounded by State Road 836 on the north and west, the Metrorail guideway on the west and south, and Northwest 7th Avenue on the east, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated. 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 upon adoption by the PZAB. Francisco Garcia, Director Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Execution Date Personally appeared before me, the undersigned authority, , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF 202 . Print Notary Name Notary Public State of Florida Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath City of Miami Page 4 of 4 File ID: 7583 (Revision: C) Printed On: 9/9/2020 NOTICE "Exhibit A" ThI—bmtalneetl— be schetlaletl fi,a pebbe wring ccortlance wAh timelines se[torth lnihe CI of Miami C— The appii.He tlecision-making ba3y.11 renewihelnf ma - at the pebb, hearing t, rentlera mco Zm dk- or afinal beci— Legal Description of Area Surrounding Culmer Station PZ-20-7526 07/22/20 Commencing at the origin point of the intersection of the centerlines of Sunnybrook Rd and heading north along the centerline of NW 10t" Ave to the edge of pavement of SR-836. At this po follow the edge of pavement of SR-836 northeast until the centerline of NW 14t" St. Follow the centerline of NW 141" St east until approximately 43' west of the southwest point of Parcel 22-2 in Highland Park subdivision in Plat Book 2 Page 13. At this point, continue northeast approximately 77'until roughly 38.41' northwest of the northwest point of Parcel 22-1 in Highland Park subdivision in Plat book 2 page 13. Continue northeast at the same angle of the northern side of Parcel 22-1 for approximately 194.56' to the centerline of NW 171" Ct. Turn south along the centerline of NW 171" Ct until intersecting with the centerline of NW 14t" St. At this point, head east along the centerline of NW 141" St stopping between Parcels 0131350191180 (High Park subdivision Plat Book 2 Page 13 Lots 9 & 10) and 0131350191000 (High Park subdivision Plat Book 2 Page 13 lots 1 thru 8). Continue south for approximately 669.04' passing between many parcels beginning with Parcels 0131350191180 (on the west) and 0131340191000 (on the east). Parcel 013150191090 (High Park subdivision Plat Book 2 Page 13 Lot 9) immediately follows Parcel 0131350191180 to the south at NW 131" St. This southern boundary spanning approximately 669.04' commencing at NW 141" St crosses NW 131" St and continues to straddle more properties through Block 9 of Highland Park subdivision Plat Book 2 Page 13 with Parcels 0131350191600 (Highland Park Subdivision Plat Book 2 Page 13 Lot 14 Block 9); 0131350191590 (Highland Park subdivision Plat Book 2 Page 13 lot 13 Block 9); 0131350191580 (Highland Park subdivision Plat Book 2 Page 13 Lot 12 Block 9); and 0131350191570 (Highland Park subdivision Plat Book 2 Page 13 Lot 11 Block 9) to the east (within the boundary); and the following parcels to the west of the boundary (not within the boundary) 0131350191620 (Highland Park subdivision Plat Book 2 Page 13 Lots 15 & 16 Block 9); 0131350191630 (Highland Park subdivision Plat Book 2 Page 13 Lot 17 Block 9); 0131350191640 (Highland Park subdivision Plat Book 2 Page 13 Lot 18 Block 9). The 669.04' boundary south turns west approximately 21.64' to follow the parcel boundary of Parcel 0131350191570 to the northeastern point of Parcel 0131350191550 (Highland Park Subdivision Plat Book 2 Page 13 Lots 7 & 8 Block 9) and turns south along that parcel for approximately 135.7' to the centerline of NW 12t" St. Parcel 0131350191550 remains within the boundary, and to the east of this boundary line (not in the boundary) is Parcel 0131350191530 (Highland Park subdivision Plat Book 2 Page 13 Lots 1 thru 4 less E12.5FT of Lot 1 & Lots 15 & 6 Block 9). At the centerline of NW 121" St, turn east along the centerline for approximately 33.11' until approximately 26.350' north of the northeastern point of Parcel 001313500191760 (Highland Park subdivision Plat Book 2 Page 13 E75FT of Lots 40, 41 & 42 Block 10). Turn south at this point for approximately 302.04' thru Block 10 of Plat Book 2 Page 13 with Parcel 0131350191670 (Highland Park subdivision Plat Book 2 Page 13 Lots 1 thru 4 less E11FT for ST & Lots 5 thru 8 & Lots 9 thru 11 Less 11.5FT & Less Beg NW Cor of Lot 1) to the west of and therefore not within the boundary. This southernly boundary thru Block 10 includes Parcels 0131350191760 (Highland Park subdivision Plat Book 2 Page 13 E75FT of Lots 40 41 & 42 Block 10); 0131350191748 (Highland Park subdivision Plat Book 2 Page 13 Lots 38 & 39 Block 10); 0131350191745 (Highland Park subdivision Plat Book 2 Page 13 Lots 36 & 37 Block 10); 0131335019740 (Highland Park subdivision Plat Book 2 Page 13 Lots 34 & 35 Block 10); and 0131350191730 (Highland Park subdivision Plat Book 2 Page 13 Lots 32 & 33 Block 10). From the southeastern point of Parcel 013135019740, continue south for approximately 50.07' to the centerline of UNNAMED street adjacent to Culmer Station (Approximately 701 NW 11t" St). NOTICE At this point, turn west for approximately 186.32' at an angle of roughly 180 degrees. A TMlsaaroma'"`e°amea`"e°°�°�`ap"°°`ty'" tlanawitlitimel'mesaetl°r<hinlhe�i Mlami Code. Theappllra He p,bh°n-making of the westerly line of 186.32', commence north for approximately 29.88' at an angle of m°°- e"he°°u`hea`in9t° d— "tle`e tlati°n or a final tlecia°n. degrees heading towards the termination of (dead end) NW 7" Ct. At this point, commen PZ-20-7526 / approximately 249.03' towards the edge of pavement of where NW 11t" Rd turns into NW 8 07/22/20 f turn south for approximately 48.72' at an angle of roughly 90 degrees back to UNNAMED street to Culmer Station. Continue southwest for approximately 89.74' along UNNAMED street and then turn south at an angle of 90 degrees for approximately 27.21'. Then turn west for approximately 370.42' along the centerline of UNNAMED street to where it intersects with the centerline of NW 8t" Rd. Turn northwest along the centerline of NW 8t" Rd for approximately 29.26' and then turn southwest for approximately 149.45' dissecting Parcel 0131350280020 (Spring Garden Corr Plat, Plat Book 9 Page 16 Lots 2 Thru 5 Less SW 8.5FT & Less Port Lying in rapid transit R/W Block 6) with the portion of the parcel south of the line remaining outside of the boundary. Turn northwest along the boundary line of Parcel 0131350280020 and continue northwest along the adjacent property's boundary for Parcel 0131350280060 (Spring Garden Corr Plat, Plat Book 9 Page 16 Lots 6 to 8 inc less NE 5FT SW 8.5FT Block 6). Continue northwest to include adjacent Parcel 0131350280061 (Spring Garden Corr Plat, Plat Book 9 Page 16 Lots 9 & 10 less northeasterly 5FT for R/W Block 6) and cross the termination (dead end) of another UNNAMED street for approximately 62.73' to the southeastern point of Parcel 0131350070010 (Sunnybrook 15t Addition Plat Book 43 Page 5 Lot 1) and follow the southern bounding line of this parcel along Wagner Creek as seen in Plat Book 43 Page 5. Continue northwest along Wagner Creek and the boundary of the adjacent property Parcel 0131350070020 (Sunnybrook 15t Addition Plat book 43 Page 5 Lot 2 & E 5FT Lot 3) to include this parcel within the boundary. Continue again along Wagner Creek and the boundary of the adjacent property Parcel 0131350070030 (Sunnybrook 15t Addition Plat Book 43 Page 5 Lot 3 less E 5Ft) and turn northeast to follow the boundary of this parcel crossing Spring Garden Rd and continuing north along the western boundary of Parcel 0131350060312 (Sunnybrook Plat Book 42 Page 85 Lot 29 Block 2) to its northern bounding line and turn west to follow the southern boundary of the adjacent Parcel 0131350060120 (Sunnybrook Plat Book 42 Page 85 Lot 1 Block 2) and then turn northwest along this same parcel's boundary. Continue northwest to the centerline of Sunnybrook Rd then turn southeast along the centerline of Sunnybrook Rd to conclude at the point of origin. Within the boundaries of the area just described, remove the following area: Parcel 0131350192100 (Highland Park subdivision Plat Book 2 Page 13 Lots 7 thru 14 & 28 thru 34 Block 14) and continue from the southwestern point of the parcel southwest approximately 29.34' to the centerline of NW 8t" Rd and turn northwest along the centerline of NW 8t" Rd for approximately 222.24' parallel to the southwestern bounding line of Parcel 0131350192100 and turning northeast for approximately 31.74' to the northwestern point of Parcel 0131350192100. In addition to this exclusion, also omit the area including and surrounding Parcel 0131350193620 (Highland Park subdivision Plat Book 2 Page 13 area marked park lying between Blocks E and F) along the centerlines of NW 13t" ST (to the north of the parcel), NW 8t" Ct, NW 8t" Ave, and NW 13t" St (to the south of the parcel).