HomeMy WebLinkAboutPZAB (11798) ResolutionCity of Miami city Hall
f . /� 3500 Pan American Drive
PZAB Resolution Miami, FL 33133
www.miamigov.com
Enactment Number: PZAB-R-22-043
File ID: 11798 Final Action Date: 9/21/2022
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 13114, ("MIAMI 21 CODE") AS AMENDED, BY CHANGING THE
ZONING CLASSIFICATION FROM "D1" WORK PLACE DISTRICT ZONE TO "76-12-
0" URBAN CORE TRANSECT ZONE — OPEN OF THE PROPERTY GENERALLY
LOCATED AT 1210, 1222, 1234, AND 1250 NORTHWEST 7 AVENUE, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property is generally located at 1210, 1222, 1234, and 1250
Northwest 7 Avenue, Miami, Florida, and is zoned "D1" Work Place District Zone; and
WHEREAS, Trendy Properties, LLC (the "Applicant") has submitted a request to
change the zoning classification from "D1" Work Place District Zone to "76-12-0" Urban
Core Transect Zone — Open for the properties located at 1210, 1222, 1234, and 1250
Northwest 7 Avenue (collectively the "Property"); and
WHEREAS, the Property is an assemblage of four (4) parcels totaling
approximately 25,708 square feet (0.5901 acres) of land; and
WHEREAS, the Future Land Use (FLU) Map designation is "Light Industrial"; and
WHEREAS, the request to rezone the Property from "D1" Work Place District
Zone to "76-12-0" Urban Core Transect Zone is inconsistent with the Property's existing
Future Land Use ("FLU") of "Light Industrial," therefore, a concurrent Comprehensive
Plan Amendment is required; and
WHEREAS, the Applicant has submitted a request for a Comprehensive Plan
Amendment from "Light Industrial" to "Restricted Commercial" (PZ-20-8017); and
WHEREAS, a portion of the Property is currently developed with one (1) multi-
family residence and one (1) commercial structure, constructed in 1931 and 1974,
respectively; and
WHEREAS, the other portion of the Property contains two (2) vacant parcels;
and
City of Miami Page 1 of 5 File ID: 11798 (Revision:) Printed On: 1011112022
WHEREAS, the Property is bounded by Northwest 13 Street to the north,
Northwest 12 Street to the south, Northwest 7 Avenue to the east, and Northwest 7
Court to the west; and
WHEREAS, the Property is within the Highland Park neighborhood where a
majority of zoning designations are "76-8-0" Urban Core Transect Zone — Open; and
WHEREAS, the Property was zoned C-2 Liberal Commercial under Ordinance
No. 11000, the City of Miami's previous Zoning Code, which permitted a maximum of
150 dwelling units per acre which has the same density as the "76" Transect Zone; and
WHEREAS, the requested change in zoning for the Property would result in a
change in Density from a maximum of 36 dwelling units per acre to 150 dwelling units
per acre; and
WHEREAS, the Property is located west of Northwest 7 Avenue, a Transit
Corridor, and the Property is located within the Transit Oriented Development (TOD), as
designed by the Miami 21 Zoning Code, originating from the Culmer Metrorail station;
and
WHEREAS, due to its inclusion within a Transit Corridor and TOD, the Property
is well served by mass transportation and well positioned to absorb additional
residential density and intensity; and
WHEREAS, the impact on the surrounding community will be minimized due to a
high concentration of surrounding neighborhood serving Uses and mass transportation
accessibility; and
WHEREAS, there are several innovative policies under Miami 21 which afford
applicants increases in Density, Height, and Floor Lot Ratio (FLR) above what is
permitted in the underlying transect zone for projects located within a Transit Oriented
Development (TOD) area; and
WHEREAS, Miami 21 encourages development bonuses in TODs to alleviate the
crisis in housing that is affecting the residents of Miami and to encourage development
near transit; and
WHEREAS, the Property lies within a TOD, qualifying it to participate in the
Historic Preservation Transfer of Development Density program, Public Benefits
Program, and the Affordable and Attainable Mixed Income Public Benefits Program; and
WHEREAS, the request to rezone the Property to "76" furthers the intent of
transit -oriented development and would allow the application to benefit from the Public
Benefit programs that are available to properties zoned "76"; and
City of Miami Page 2 of 5 File ID: 11798 (Revision:) Printed On: 1011112022
WHEREAS, the proposed '76-12-0" Urban Core Transect Zone -Open
classification would result in more commercial uses and higher intensity and taller
development; and
WHEREAS, the proposed Rezone for this Property from "D1" to '76-12-0", by
the Applicant, may circumvent participation in the City's Public Benefits Program for the
benefit of a single applicant at the expense of the City; and
WHEREAS, the proposed rezoning from "D1" to "76-12-0" would allow the site to
be developed with a maximum Height of 12 stories with a maximum benefit Height of
eight -stories potentially resulting in a 20-story development which is not compatible with
the development in the neighborhood; and
WHEREAS, the request to rezone the Property to '76-12-0" would allow
development Height and FLR that is less compatible with the existing context; and
WHEREAS, the application is consistent with Miami 21, Article 7, Section
7.1.2.8(f)(1)(a) in that it meets the goals, objectives, and policies of the Miami
Neighborhood Comprehensive Plan ("MCNP"); and
WHEREAS, in 2019, the Planning Department conducted a neighborhood -wide
study of the area bounded by the Miami River, 836, and 1-95, called `Culmer Quadrants'
(the "Study"); and
WHEREAS, based on their analysis, the Planning Department recommended
approval for the rezone of Quadrant One from "76-8-L" to "76-8-0"; and
WHEREAS, the Property abuts Quadrant One and was included in the Study, but
rezoning from "D1" to "76-8-0" would have required a FLUM amendment from "Light
Industrial" to "Restricted Commercial"; and
WHEREAS, the proposed application to Rezone to T6-12-0 is inconsistent with
the findings of the Study which supports the "76-8-0" Transect in which potential
developments may participate in public benefits to increase development capacity or
Height; and
WHEREAS, the Planning Department finds a change to "76-8-0" for the Property
is more appropriate in light of the intent of the Miami 21 Code and particularly in relation
to the effects on adjoining properties; and
WHEREAS, the proposed change to '76-12-0" maintains the goals of the Miami
21 Code as it provides transitions in intensity and building height; and
WHEREAS, there have not been changing conditions to the Miami 21 Atlas for
the adjacent properties, thereby deeming the changes inconsistent with Miami 21,
Article 7, Section 7.1.2.8(f)(1)(b); and
City of Miami Page 3 of 5 File ID: 11798 (Revision:) Printed On: 1011112022
WHEREAS, the proposed application is consistent with Miami 21, Article 7,
Section 7.1.2.8(f)(2) in that it is consistent with the Miami 21 in that it is successional;
and
WHEREAS, the proposed change of zoning is consistent with Miami 21, Article 7,
Section 7.1.2.8(a)(3) as the requested rezoning from "D1" to "76-12-0" is successional;
and
WHEREAS, the property located to the east at 690 Northwest 13 Street was
rezoned from "D1" to "76-12-0" in the last five years, however, that property was a
Brownfield and requires environmental remediation to redevelop the site; and
WHEREAS, the proposal to rezone at the Property (1210, 1222, 1234, and 1250
Northwest 7 Avenue) is not a Brownfield and therefore specific remediation of the
site is not required; and
WHEREAS, the proposed change of zoning change can be deemed
inappropriate in light of the intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends Denial of the requested
change in zoning from "D1" Work Place District Zone to '76-12-0" Urban Core Transect
Zone — Open for the Property; and
WHEREAS, alternatively, the Planning Department recommends that rezoning
the site to "76-8-0" as more appropriate for the Rezoning; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered
the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21
Code, and all other City regulations; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changing and changed conditions that make the passage of the
proposed change unnecessary; and
WHEREAS, the PZAB has considered the Applicant's justification as well as the
Planning Department recommendation; and
WHEREAS, the PZAB has considered the goals, objectives, and policies of the
Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, after careful consideration of this matter, a motion to recommend
approval of the zoning change was made, wherein four (4) PZAB members voted in
favor and six (6) PZAB members voted against, thereby failing to receive a
supermajority of seven (7) votes required to recommend approval of the amendment to
the Miami 21 Zoning Atlas to change the zoning of the Property from "D1" Work Place
District Zone to '76-12-0" Urban Core Transect Zone — Open, as set forth herein;
City of Miami Page 4 of 5 File ID: 11798 (Revision:) Printed On: 1011112022
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"), by failing to
obtain the required supermajority vote, does not recommend that the City Commission
approve the request to amend the Zoning Atlas of Ordinance No. 13114 ("Miami 21
Code"), as amended, by changing the zoning classification from "D1" Work Place
District Zone to "76-12-0" Urban Core Transect Zone — Open for 1210, 1222, 1234, and
1250 Northwest 7 Avenue, Miami, Florida, as described in "Exhibit A", attached and
incorporated.
Section 3. This Resolution shall become effective upon adoption.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 5 of 5 File ID: 11798 (Revision:) Printed On: 1011112022
(_"`_-Zo"'14/06/2
OmmnbmeTs�n�eaIw<eCe w�aE
Exhibit !!1A plcd,de.-- kP,,agde
,eD�rnyeoa�rm
lal
athe,bkheingmd,,
daon o, a Maeeoa,
-202 /f9
LEGAL DESCRIPTION
THE NORTH 50 FEET OF LOTS 1, 2, 3 AND 4, IN BLOCK 9, OF HIGHLAND PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 13, OF THE PUBLIC
RECORDS OF MIAMI -DADE COUNTY, FLORIDA, LESS THE EAST 12.5 FEET THEREOF FOR ROAD
RIGHT OF WAY PURPOSES,
AND
LOT 15 AND 16, IN BLOCK 9. OF HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, AT PAGE 13, OF THE PUBLIC RECORDS 4F MIAMI-DADE
COUNTY. FLORIDA.
AND
LOT 17, 1N BLOCK 9, LESS THE EAST 12.5 FEET THEREOF OF HIGHLAND PARK., ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN FLAT BOOK 2, AT PAGE 13, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
AND
LOT 18, IN BLOCK 9, LESS THE EAST 12.4 FEET THEREOF OF HIGHLAND PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PACE 13, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA_
ALSO KNOWN AS;
THE NORTH 50 FEET OF LOTS 1, 2. 3 AND 4, AND LOTS 15, 1€, 17 AND 13. IN BLOCK 9.
OF HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT I300K 2, AT
PAGE 13, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS THE EAST 17.50
FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT "A" NOTICE
(�.b�ta[dbe sche&u d fora public hearing
pkdeThe. applicatletlecision-makinghotlyrnll
emmaeon of me p�bu1 hmgm r°nde
"THIS IS NOT A SURVEY" recommenda0o1orafina l dada on.
PZ-20-8015
FOR: 04/06/22
TRENDY PROPERTIES LLC
PROPERTY ADDRESS:
1210-1222-1234-1250 NW, 7th AVENUE, MIAMI, FLORIDA 33136
LEGAL DESCRIPTION:
THE NORTH 50 FEET OF LOTS 1, 2, 3 AND 4, IN BLOCK 9, OF HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, AT PAGE 13, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, LESS THE EAST 12.5
FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES,
AND
LOT 15 AND 16, IN BLOCK 9, OF HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT
PAGE 13, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA,
AND
LOT 17,IN BLOCK 9, LESS THE EAST 12.5 FEET THEREOF OF HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, AT PAGE 13, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA,
AND
LOT 18,IN BLOCK 9, LESS THE EAST 12.4 FEET THEREOF OF HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 2, AT PAGE 13, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA.
ALSO KNOWN AS:
THE NORTH 50 FEET OF LOTS 1, 2, 3 AND 4, AND LOTS 15, 16, 17 AND 16, IN BLOCK 9, OF HIGHLAND PARK, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 13, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY,
FLORIDA, LESS THE EAST 17.50 FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: THAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION", WAS PREPARED UNDER MY DIRECTION AND
IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAID SKETCH MEETS THE
INTENT OF THE STANDARDS OF PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYOURS AND MAPPERS IN
CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 427.027 FLORIDA STATUTES.
ALFREDO DIAZ, P.S.M.
PROFESSIONAL SURVEYOR
STATE OF FLORIDA
NOTICE:
D'kfE: 9013-1512020.
MAPPER LS.6903' �y
—
r' :
_
� l\
00
THIS DOCUMENT DOES NOT REPRESENT A FIELD BOUNDARY SURVEY OF THE DESCRIBED PROPERTY, OR ANY PART OF
PARCEL THEREOF.
NOT VALID WITHOUT THE SIGNATURE, DATE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED LAND SURVEYOR
AND MAPPER. ADDITIONS OR DELETIONS TO THIS SKETCH BY OTHER THAN THE SIGNING PARTY IS PROHIBITED WITHOUT
THE WRITTEN CONSENT OF THE SIGNING PARTY. EACH SHEET AS INCORPORATED THEREIN SHALL NOT BE CONSIDERED
FULL, VALID AND COMPLETE UNLESS ATTACHED TO THE OTHERS. THIS NOTICE IS REQUIRED BY CHAPTER 5J-17 OF THE
FLORIDA ADMINISTRA7IVE CODE.
NOTICE:
NOT FULL AND COMPLETE WITHOUT PAGE 2 OF 2
PREPARED BY: ALFREDO DIAZ, PSM
1842 SW. 124th Place, Miami, FloridG 33175
PH.: (305) 221-3040 FAX: (305) 221-9040
REV.:
SCALE: N/A
REV.: I JOB No,: 20-0301 B
DATE: 08-15-2020
SHEET: 1 OF 2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
- - --�L - - NW_ 13th_ STREET
0
o I
107.5' (REC.) 107.87' (MEAS•) 17.50 , 17. 0'
--� �5'
! ! 1 2.50'
I 1
I
I I 1
LOT 14 I PORTION OF LOT 15 I I
BLOCK 9 I BLOCK 9 35�00' m
P.B. 2, PG. 13 P.B. 2, PG. 13 I I N
I I I
m
I I
-------------------------
1 N I �
I Ir I 1 0
1 A C I I I o
z
�+1 PORTION OF LOT 16 !
LOT 13 BLOCK 9
BLOCK 9 ! P.B. 2, PG. 13 m I r I I rr
P.B. 2, PG. 13 1 " I m
I I
II ip
I �i�myy fO
I
I PORTION OF LOT 17 C
LOT 121 BLOCK 9
BLOCK 2. PG. 13 I� P.B. 2, PG. 13
P.B ! t
c 17.50' I j D
c I z
1 ---I I z
--- n I 1 m
1 � I
LOT 11 I PORTION OF LOT 18 I I
BLOCK 9 I BLOCK 9 I 4 ON
P.B. 2, PG. 13 a P.B. 2, PG. 13 I 1 1 v
I I
I z
o
ylo I 1�
----4 I I 1 r
-�--7(REC.)
------1------ 1--- 1112, If 1 m
I � � I
25o I o I � t o I� I 1
LOT 6 �� I wo I m m o o t o I�'7-50p
BLOCK9 rz Qz I Nn1oZIrP.B. 2, PG. 13 �� I ��� I� 1�� I m
P.B. 2. PG. 13 W� ! wow w�N ieao 17.50'
I I 1 I I 2.51
I I I I 35 0' I
I I
I I 82.50'1 (REC.) 821.87' (MEAS.)rol I 1
1 1 PORT O N OF 1 PORTION OF 9 PORO 0 2 OF jlj zj
I I 1
I I I I I f
NO110E:
NOT FULL AND COMPLETE WITHOUT PAGE 1 OF 2
PREPARED BY: ALFREDO DIAZ, PSM
1842 SW. 124th Place, Miami, Florida 33175
PH.: (305) 221-3040 FAX: (305) 221-9040
w< U�lVe
NOTICE
Th-.bm tta[—d— be scheduled fora public hearing
ccord—wA timelines sd forth i, the Cityof
Mlami Code. The appki da decision -making body rnll
,e�ewme mf— — et the p�111 hearing. r°„ d—
recomrne�aaoo�
PZ-20-8015
7� 04/06/22
LEGEND:
= MONUMENT LINE
CL = CENTERLINE
REC. = RECORDED
MEAS. = MEASURED
P.B. = PLAT BOOK
PG. = PAGE
SCALE: I"=Q0r
0' 20' 40' 80'
REV.: SCALE: 1"=40'
REV.: JOB No.: 20-0301 S
DATE: 08-15-2020 1 SHEET: 2 OF 2