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Home My WebLink AboutPZAB (4445) ResolutionG�KY OF�ij City of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 www.miamigov.com Enactment Number: PZAB-R-19-048 File ID: 4445 Final Action Date: 11/6/2019 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "73-0," SUB -URBAN TRANSECT ZONE -OPEN, TO "74-R," GENERAL URBAN TRANSECT ZONE -RESTRICTED, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A," AND BY CHANGING THE ZONING CLASSIFICATION FROM "73-0," SUB -URBAN TRANSECT ZONE -OPEN TO "74-0," GENERAL URBAN TRANSECT ZONE -OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 3040 Carter Street and 3069, 3091, and 3095 Plaza Street, as well as a portion of the property located at approximately 3065 Plaza Street, Miami, Florida, all as more particularly described in Exhibits "A" and "B", attached and incorporated (collectively, "Property") are currently zoned "73-0", Sub -Urban Transect Zone -Open on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), and WHEREAS, the property located at approximately 3065 Plaza Street, Miami, Florida is partially zoned 73-0", Sub -Urban Transect Zone -Open, as indicated above, and partially zoned 75-0", Urban Center Transect Zone; and WHEREAS, One Roble, LLC, 3510, LLC (formerly known as 3010 Carter, LLC), and Cornelius Shriver (collectively, "Applicant") submitted a request to change the zoning classification of the property located at approximately 3069, 3091, and 3095 Plaza Street, Miami, Florida, as described in the attached and incorporated Exhibit "A", (collectively, "Property 1 ") to 74-R", General Urban Transect Zone -Restricted; and WHEREAS, the Applicant's application also requests to change the zoning classification of the property located at approximately 3040 Carter Street, Miami, Florida and the portion of 3065 Plaza Street, Miami, Florida that is designated 73-0" Sub - Urban Transect Zone -Open, as described in the attached and incorporated Exhibit "B", (collectively, "Property 2") to 74-0", General Urban Transect Zone -Open; and City of Miami Pagel of 3 File ID: 4445 (Revision:) Printed On: 111712019 WHEREAS, the Applicant submitted a concurrent request (File ID No. PZ-19- 3868) to amend the Miami Comprehensive Neighborhood Plan ("MCNP") to change the Future Land Use Map ("FLUM") designation of Property 1 from Duplex Residential ("DR") to Medium Density Multifamily Residential (" MDMR"); and WHEREAS, the Applicant also submitted a concurrent request to amend the MCNP to change the FLUM designation of Property 2 from Duplex Residential ("DR") to Medium Density Restricted Commercial ("MDRC"); and WHEREAS, the Applicant is also requesting from the City Commission a waiver of time limits pursuant to Section 7.1.2.8.g.7 that would enable further rezoning consideration within the required eighteen (18) month waiting period for the Property; and WHEREAS, the proposed 74-R", General Urban Transect Zone -Restricted, and 74-0", General Urban Transect Zone -Open, zoning designations would result in additional height, density, and building mass that is compatible with the existing commercial uses to the north and west of the Property; and WHEREAS, the subject Property is located within the Transit Oriented Development ("TOD") walkshed, and the request furthers the Miami 21 Code goals of Mixed -Use, transit -oriented neighborhoods along commercial corridors; and WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the City's Planning Department recommends approval of the proposed rezoning of the Property as described herein; and WHEREAS, the City's Planning Department recommends denial of the requested waiver of time limits that would enable further rezoning consideration within the compulsory eighteen (18) month waiting period, as such action is not deemed necessary to prevent injustice or to facilitate development of the City in the context of the adopted MCNP; and WHEREAS, the PZAB has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change necessary; and WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and City of Miami Page 2 of 3 File ID: 4445 (Revision:) Printed On: 111712019 0 WHEREAS, the PZAB at its meeting on November 6, 2019, following an advertised public hearing, after careful consideration of this matter, a motion to recommend approval of the zoning change was made, wherein seven (7) PZAB members voted in favor and two (2) PZAB member voted against; NOW, THEREFORE, BE IT RESOLVED BY THE 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. The Planning, Zoning, And Appeals Board ("PZAB"), with attachment(s), recommending approval of an Ordinance of the Miami City Commission amending the zoning atlas of Ordinance No. 13114, as amended, by changing the Zoning Classification from 73-0," Sub -Urban Transect Zone -Open, to 74-R," general Urban Transect Zone -Restricted, of the properties located at approximately 3069, 3091, and 3095 Plaza Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," and by changing the zoning classification from "73-0," Sub -Urban Transect Zone -Open to "74-0," General Urban Transect Zone -Open, of the properties located at approximately 3040 Carter Street and a portion of 3065 Plaza Street, as more particularly described in the attached and incorporated Exhibit "B." Section 3 This Resolution shall become effective upon adoption by the PZAB. Fra cisco Ghfcia, Director Dep TSf of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) 1) In ExecutiO Date Personally appeared before me, the undersigned authority, �7U Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed t e foregoing oregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF Novembee , 201R. S•m,G Gon-zniez(2Print Notary Name �ubficiS�tate of Florida Personally know V or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath ...... SILVIA GONZALEZ B• r MY COMMISSION # GG 051561 s;,•a EXPIRES: November 30, 2020 •f ;°pO Bonded Thru NotaryPublic ublic Underwriters City of Miami Page 3 of 3 File ID: 4445 (Revision:) Printed On: 111712019 ePlan. PZ-19-3865 Exhibit A - Legal Description Legal description for the properties subject to the rezoning from 73-0" Sub -Urban Transect Zone -Open to "T4-R" General Urban Transect Zone -Restricted. Lots 21-26, Block 4, Carters Addition, according to the Plat thereof, as recorded in Plat Book 2, Page 101 of the Public Records of Miami -Dade County, Florida. ePlan. PZ-19-3865 Exhibit B - Legal Description Legal description for the properties subject to the rezoning from "T3-0" Sub -Urban Transect Zone -Open to "T4-0" General Urban Transect Zone -Open. Lots 8, 9, 10, and 20, Block 4, Carters Addition, according to the Plat thereof, as recorded in Plat Book 2, Page 101 of the Public Records of Miami -Dade County, Florida.