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Home My WebLink AboutPZAB (6464) ResolutiontI.. City of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 www.miamigov.com Enactment Number: PZAB-R-19-044 File ID: 6464 Final Action Date: 9/18/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION 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, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "Cl" CIVIC INSTITUTION ZONE TO "76-3613-0" URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City" or "Applicant") owns the properties located at approximately 444 and 460 Southwest 2 Avenue, as more particularly described in Exhibit "A", attached and incorporated ("Property"); and WHEREAS, the Property is currently zoned "Cl" Civic Institution Transect Zone; and WHEREAS, the Applicant submitted a request to change the zoning classification of the Property from "Cl" Civic Institution Transect Zone to "76-36b-O" Urban Core Transect Zone — Open; and WHEREAS, the Applicant submitted a companion application to change the Future Land Use Map ("FLUM") designation of the Property from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Restricted Commercial"; and WHEREAS, the Property is comprised of two (2) parcels totaling approximately 3.15 acres (137,125 square feet) and is located on the west side of Southwest 2 Avenue between the Miami River and Southwest 3 Street; and WHEREAS, the Property is developed with a ten (10) story office building and a seven (7) level parking garage which has functioned as the City's administrative facility building since 1994; and WHEREAS, the Property is in the Urban Central Business District ("UCBD"), the urban core of the City, and a Transit Oriented Development ("TOD") area due to its proximity to the Third Street and Riverwalk Metromover Stations and the Government Center Metrorail Station; and WHEREAS, this area of the Urban Core has rapidly transitioned from Industrial to Commercial and Residential Uses, evident in the development of the large mixed -use projects located in close proximity to the Property; and City of Miami Page 1 of 4 File ID: 6464 (Revision:) Printed On: 9/23/2019 WHEREAS, the Applicant determined the highest and best use of the Property was no longer governmental use; and WHEREAS, on February 2, 2016, the Applicant issued an Offering Memorandum to sell or ground lease the Property and a Request for Proposals for the development of a new City administrative facility building; and WHEREAS, on December 8, 2016, the Miami City Commission (the "Commission") selected private developer Lancelot as the most responsive and responsible proposer to develop the Property; and WHEREAS, in November 2018, a Special Election was held in the City and voters overwhelmingly affirmed the referendum question for the sale or lease of the Property pursuant to the City Charter; and WHEREAS, the Applicant is rezoning the Property as a part of the real estate transaction; and WHEREAS, Article 7, Section 7.1.2.8., of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") provides 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 WHERAS, pursuant to Article 7, Section 7.1.2.8(a), successional rezoning of properties zoned Cl is determined by identifying the lowest Intensity Abutting Transect Zone and rezoning to that Transect Zone's next higher Intensity Zone; and WHEREAS, the Property is bordered to the north by a vacant parcel zoned T6-36b-0; a Florida Power and Light (TPL") substation to the east zoned Cl; and 1-95 to west; and WHEREAS, the properties to the south are designated D3 and T6-36b-O with Miami River Special Area Plan ("SAP") overlay, but are physically separated from the Property by the Miami River; and WHEREAS, the Miami River acts as a natural barrier between the Brickell neighborhood and the River Quadrant; and WHEREAS, the lowest Intensity Abutting Transect Zone has been deemed T6-36b-0; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(a)(3), the T6-36b-O Transect Zone's next intensity Transect Zone is T6-60b; and WHEREAS, the Applicant is requesting the T6-36b-O Transect Zone to unify the area under a common Transect Zone; and WHEREAS, the City's Planning Department reviewed the application and found that the proposed zoning change from Cl to T6-36b-O is successional and would yield the most coherent development pattern given the adjacent neighborhood and zoning context; and City of Miami Page 2 of 4 File ID: 6464 (Revision:) Printed On: 9/23/2019 WHEREAS, the requested change in zoning furthers the goals and objectives of the Miami Neighborhood Comprehensive Plan ("MCNP") which seek to create mixed -use neighborhood centers near transit due to the Property's proximity to the Third Street and Riverwalk Metromover Stations, the Government Center Metrorail Station, and the Southwest 2 Avenue Transit Corridor; and WHEREAS, the requested change in zoning furthers the goals of the Miami 21 Code centered on focused growth around transit nodes and preservation of neighborhoods through transitions in intensity and building height; and WHEREAS, the City's Planning staff recommends approval of the rezoning application; and WHEREAS, 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 proposed change necessary; and WHEREAS, PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend approval of this amendment to the Miami 21 Zoning Atlas, as hereinafter set forth; and WHEREAS, PZAB reviewed a letter submitted into the record from the Miami River Commission dated September 18, 2019 and strongly supports the recommendations therein, except number five (5), specifically: 1.) Full compliance with zoning code section 3.11, i.e. 50-foot building setback from the water, 25- foot wide public Riverwalk featuring a minimum 15-foot wide unobstructed circulation zone, view corridors, etc.; 2.) Maintain existing boat access; 3.) Consider coastal flooding in design, using date from the City; and 4.) Inspect seawall and construct new seawall as needed. 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 the amendment to the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida as amended, by changing the zoning classification from "Cl" Civic Institution Transect Zone to 76-36b-O" Urban Core Transect Zone — Open of the properties located at approximately 444 and 460 Southwest 2 Avenue, Miami, Florida, as 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. City of Miami Page 3 of 4 File ID: 6464 (Revision:) Printed On: 912312019 SeCtion,� ; This Resolution shall become effective upon adoption by the PZAB. rdnciscd Garcia, Director .r , epartment of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) 9Z Z��ZLt r Execution [sate Personally appeared before me, the undersigned authority, F—rICU LAf-, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he 2 executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 2- DAY OF � 201 9 P�-_eoti t-Z -eZ Qrc"X� . Print Notary Name Notary Public State of Flori 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 BEATKALVAREZ E,= Commissan O GG 153775 • �• �,<: Expires November 20, 2021 ''•'For ri°` ; Bpndad Thru T(oy Fain Insurance 800,11W7019 City of Miami Page 4 of 4 File ID: 6464 (Revision:) Printed On: 912312019 Exhibit A LEGAL DESCRIPTION: TRACTS 1 AND 2, RIVERSIDE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 139, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS PARCEL 120, PROJECT 87100-2611, AS DEEDED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PER OFFICIAL RECORDS BOOK 18293, PAGE 1049, AS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 2; THENCE ALONG THE NORTH LINE OF SAID TRACT 2 SOUTH 8742'53" WEST, A DISTANCE OF 7.60 FEET TO THE POINT OF BEGINNING; THENCE THE NEXT FIVE (5) COURSES FOLLOW THE WEST LINE OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL 120, AS RECORDED IN OFFICIAL RECORDS BOOK 18293, PAGE 1 049, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA: 1) SOUTH 00.25'14" EAST, 33.79 FEET, 2) SOUTH 89'31'43" WEST, 21.24 FEET, 3) SOUTH DD'28' 18" EAST, 74.68 FEET, 4) SOUTH 02' 14'29" EAST, 253. 76 FEET, 5) SOUTH 52'33'38" WEST, 63.86 FEET; THENCE THE NEXT SEVEN (7) COURSES FOLLOW THE WESTERLY LINES OF SAID TRACTS 1 AND 2: 1) NORTH 45'38'08" WEST, 189.20 FEET, 2) NORTH 65'00'18" WEST, 12.21 FEET, 3) NORTH 45.38'06" WEST, 67.60 FEET, 4) NORTH 47'54'35" WEST, 87.29 FEET, 5) NORTH 38'51'30" WEST, 126.84 FEET, 6) NORTH 37'04'12" WEST, 61.50 FEET, 7) NORTH 24'34'53" EAST, 159.98 FEET TO THE NORTHWEST CORNER OF SAID TRACT 2; THENCE THE NEXT SIX (6) COURSES FOLLOW THE NORTHERLY LINES OF SAID TRACT 2: 1) NORTH 8743'20" EAST, 212.85 FEET, 2) SOUTH 02'16'40" EAST, 62.86 FEET, 3) SOUTH 42'05,52" EAST, 51.24 FEET, 4) SOUTH 52-11'56" EAST, 62.50 FEET. 5) SOUTH 83'22'20" EAST. 49.68 FEET. 6) NORTH 87'42'53" EAST, 22.40 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, CONTAINING 137125 SQUARE FEET (3.15 ACRES), MORE OR LESS.