HomeMy WebLinkAboutPZAB (8660) Resolution° City of Miami City Hall
3500 Pan American Drive
PZAB Resolution Miami, FL 33133
r www.miamigov.com
Enactment Number: PZAB-R-21-015
File ID: 8660 Final Action Date: 4/7/2021
A RESOLUTION OF THE MIAMI 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, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM
"75-0", URBAN CENTER TRANSECT — OPEN, TO "76-8-0", URBAN CORE
TRANSECT - OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 1020
NORTHWEST 7 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 1020 Northwest 7 Avenue, Miami,
Florida, as more particularly described in "Exhibit A", attached and incorporated, ("Property") is
currently zoned 75-0", Urban Center Transect Zone; and
WHEREAS, Highland Park 1020, LLC (the "Applicant") submitted a request to change
the zoning classification from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban
Core Transect Zone — Open pursuant to Article 7 of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"); and
WHEREAS, on November 21, 1996, a covenant dated November 6, 1996 was recorded
in Official Records Book 17435, Page 3595 of the public records of Miami -Dade County, Florida;
and
WHEREAS, the covenant recorded is for an Extended Low -Income Housing Agreement
with the Florida Housing Finance Agency (a state agency) and Central City Apartments, LTD
(the owner at the time) for the provision of Low- and Very -Low Income Housing in perpetuity;
and
WHEREAS, the covenant was first amended on September 29, 1998 to eliminate the
provision of laundry hookups in each residential unit under Section 2(e)(2) of the original
covenant; and
WHEREAS, the covenant was amended a second time on February 9, 2004, to change
the financial incentives available for tenants wishing to move into ownership under Section 2(f)
of the original covenant; and
WHEREAS, the covenant was amended a third time on July 11, 2008, to eliminate the
provision of counseling, job training, and tenant activities and to add the provision of tutorial
initiatives under Section 2(f) of the original and previously amended covenant; and
City of Miami Page 1 of 3 File ID: 8660 (Revision:) Printed On: 511912021
WHEREAS, none of the amendments to the covenant altered the number of residential
units, qualifying income levels, or lifespan of the covenant running with the land; and
WHEREAS, the Property is a single parcel of land spanning approximately 1.18 acres;
and
WHEREAS, the Property was previously zoned R-3, or Multifamily Medium Density
Residential, under the 11000 Zoning Code, which preceded the Miami 21 Code; and
WHEREAS, the R-3 zoning designation is comparable to the Miami 21 Code's T5-0
Zoning Transect, which is the current zoning of the Property; and
WHEREAS, the block immediately west of the Property was previously zoned R-3 and
C-1 under the 11000 Zoning Code and was zoned to T6-8-0 upon adoption of the Miami 21
Code; and
WHEREAS, the proposed T6-8-0 Transect Zone is consistent with the Property's Future
Land Use Designation of Restricted Commercial, therefore a companion Comprehensive Plan
Amendment is not required; and
WHEREAS, T6-8-0 is found to the north and west of the Property, T5-0 is found
partially to the south of the Property, and T5-R is found to the east and remaining portion of the
south of the Property; and
WHEREAS, the Property is abutting the Culmer Metrorail Station to the south; and
WHEREAS, the Property is located in a Transit Oriented Development ("TOD") Area;
and
WHEREAS, the T5-0 and T6-8-0 are similar in permitted Uses, whether by right or via
an entitlement; and
WHEREAS, this proposed rezoning application increases in residential density from T5-
0 (65 dwelling units per acre) to T6-8-0 (150 dwelling units per acre); 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 Miami 21 Atlas 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 Planning Department reviewed the application and found that the
proposed zoning change from T5-0 to T6-8-0 is successional; and
WHEREAS, the residential intensity increased by the proposed T6-8-0, which is in close
proximity to a transit station, is supported by the Objective TR-2.7 of the Miami Comprehensive
Neighborhood Plan; and
WHEREAS, recent changes have been made to Transect boundaries in the area in
which all T6-8-L Transect Zones north of the Culmer Metrorail Station and south of State Road
836 were rezoned to T6-8-0 in 2020 under Ordinance No. 13924; and
City of Miami Page 2 of 3 File ID: 8660 (Revision:) Printed On: 511912021
WHEREAS, the Planning Department recommends approval for the request to change
the zoning designation of the Property from 75-0", Urban Center Transect Zone — Open, to
76-8-0", Urban Core Transect Zone — Open, as the application meets the criteria as set forth in
Article 7, Section 7.1.2.8 of the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the need
and justification for the proposed change, including changing and changed conditions that make
the passage of the proposed change necessary; and
WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami
Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, PZAB recommends approval of the request to change the zoning
designation for the Property from 75-0", Urban Center Transect Zone — Open, to 76-8-0"
Urban Core Transect Zone — Open;
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 PZAB recommends that the City Commission approve an Ordinance
amending the Zoning Atlas of the Miami 21 Code, by changing the zoning classification from
75-0", Urban Center Transect Zone — Open, to "76-8-0" Urban Core Transect Zone — Open,
for the Property generally located at 1020 Northwest 7 Avenue, Miami, Florida, as described in
"Exhibit A", attached and incorporated.
Section 3. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
-Po aAl P, Director, De meet of lanning 508/2021
City of Miami Page 3 of 3 File ID: 8660 (Revision:) Printed On: 511912021
EXHIBIT "A"
SKETCH & LEGAL DESCRIPTION
1020 NW 7 AVE
LEGAL DESCRIPTION:
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LOTS 1, 2, 3, 4, 5, 6, 7, 8,9 AND 10, INCLUSIVE, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
LESS THE FOLLOWING AREA FOR RIGHT OF WAY:
BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 87 DEGREES 52
MINUTES 53 SECONDS WEST, ALONG THE NORTH LINE OF BLOCK 1, FOR 10.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS
EAST, ALONG A LINE PARALLELTO AND 35 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 22.55 FEET; THENCE SOUTH 22
DEGREES 38 MINUTES 42 SECONDS WEST FOR 3.59 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS EAST, ALONG A LINE
PARALLELTO AND 36.5 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 179.37 FEET, TO A POINT ON A CURVE, CONCAVE TO THE
NORTHWEST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 56 MINUTES 40 SECONDS; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.25 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 48
SECONDS EAST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 36.48 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 52 SECONDS WEST, ALONG A
LINE PARALLELTO AND 25 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.16 FEETTO THE POINT OF BEGINNING.
AND LESS THE FOLLOWING AREA FOR RIGHT OF WAY:
BEGIN ATTHE NORTHWEST CORNER OF LOT 5, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES
52 MINUTES 53 SECONDS EAST, ALONG THE NORTH LINE OF BLOCK 1, FOR 5.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 45 SECONDS
EAST, ALONG ALINE PARALLEL TO AND 25 FEET EAST OF THE CENTERLINE OF N.W. 7TH COURT, FOR 205.00 FEET; TO A POINT ON A CURVE,
CONCAVE TO THE NORTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 03 MINUTES 28
SECONDS; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.30 FEET; THENCE SOUTH 87 DEGREES 54
MINUTES 48 SECONDS WEST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 30.03 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 45 SECONDS
WEST, ALONG A LINE PARALLELTO AND 20 FEET EAST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.03 FEETTO THE POINT OF
BEGINNING.
.THIS IS NOT A BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON.
?.NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT.
3.THE UNDERSIGNED & DELTA MAPPING AND SURVEYING, INC. MAKE NO REPRESENTATION OR GUARANTEES AS
TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS -OF -WAY, SETBACK LINES,
AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET
FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH
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APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY
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5.THIS ITEM HAS BEEN ELECTRONICALLY SIGNED & SEALED BY WALDO F. PAEZ, LS3284 ON 08/03/2020__ USING A
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DIGITAL SIGNATURE CERTIFIED BY IDENTRUST.THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY
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Miami, Florida 33186
Date2020.08.03 t 121:2-0 '00'
L.B. No. 7950
BY: M.G.
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P.S.M No. 3284
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Delta Ma in & PHONE: (786) 429-1024 FAX: (786) 592-1152
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DATED. 08/03/2020
CKD. BY: W.F.P.
EXHIBIT "A"
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SKETCH & LEGAL DESCRIPTION
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LEGEND
DENOTES RIGHT-OF-WAY
I TO BE DEDICATED P.B = PLAT BOOK
DELTA MAPPING & SURVEYING, Inc UXAYHlU �iUALE JOB NO.: 20-028z
-84111117 LAND SURVEYORS • LAND PLANNERS 50 0 25 50 SHEET
I\ 13301 S.W 132 Avenue, Suite 117 1 1 1 FB/PG: N/A NO.:
l Miami, Florida 33186 = =
DRAWN BY: M.G.
L.B. No. 7950 2 OF 2
Delta Mapping & PHONE: (786) 429-1024 FAX: (786) 592-1152 ( IN FEET
Surveying, Inc deltamapping@gmail.com 1 TAT(IL7 — rO Ti'LIVT CKD. BY: W.F.P.