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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-23-027
File ID: 13278 Date Rendered: 5/02/2023
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, ("MIAMI 21 CODE") BY CHANGING THE ZONING
CLASSIFICATION FROM "73-0" SUB -URBAN TRANSECT ZONE — OPEN TO 74-L",
GENERAL URBAN TRANSECT ZONE - LIMITED, RATHER THAN "74-0" GENERAL
URBAN TRANSECT ZONE - OPEN, FOR THE PROPERTY GENERALLY LOCATED
AT 3121, 3147, 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND
3633 DAY AVENUE WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES
AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, MIAMI,
FLORIDA, (COLLECTIVELY "THE PROPERTY') AS MORE PARTICULARLY
DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("the Applicant")
has submitted a request to change the zoning classification from 73-0" Sub -Urban Transect
Zone — Open with a "Village West Island District And Charles Avenue NCD-2" (Neighborhood
Conservation District) overlay To 74-0" General Urban Transect Zone -Open with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay
for the property generally located at 3121, 3147, 3135, 3145, 3153, 3163, and 3173 Mundy
Street and 3645 and 3633 Day Avenue, Miami, Florida, (collectively, "the Property") pursuant to
Directive 22-036 from the October 13, 2022 City Commission meeting; and
WHEREAS, the Property consists of nine (9) parcels totaling approximately 50,290
square feet (-1.15 acres) of land; and
WHEREAS, the Property is located in the Village West Island and Charles Avenue
Neighborhood Conservation District ("NCD-2"); and
WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market
Overlay District," was established by Ordinance No. 12324, which amended the prior
City of Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and
WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No.
12417, rescinding Ordinance No. 12324 and amending Article 8, Section 802 of
Ordinance No. 11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood
Conservation Overlay District"; and
Date Rendered: 5/02/2023
City of Miami Page 1 of 5 File ID: 13278 (Revision:) Printed On: 51212023
WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No.
12651 amending Article 6 to add Section 626, titled "Village West Island Special
Overlay District," and to repeal the "NCD-2 Grand Avenue Corridor Neighborhood
Conservation Overlay District" and further amending Article 8 to create Section 802,
titled "Charles Avenue Neighborhood Conservation Overlay District"; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No.
13114, current Zoning Ordinance of the City of Miami, as amended ("Miami 21 Code");
and
WHEREAS, on April 23, 2020, the Miami City Commission, per City Commission
Resolution No. R-20-0131, found that the West Grove has been plagued by economic
blight; and
WHEREAS, pursuant to City Commission directive on September 10, 2020, the City
of Miami ("City"), working with a consultant, completed a report to identify future housing
opportunities within the West Grove community, titled "West Grove Affordable Housing
Blueprint"; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City
Commission directed the City Manager and the City Attorney to take any and all actions
to improve affordable housing within the Little Bahamas area of the City; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City
Commission directed the City Manager and the City Attorney to take any and all actions
to initiate future land use map amendments, rezonings, and waivers, pursuant to the
Miami 21 Code, including for the acreage of real property at 3121, 3147, 3135, 3145,
3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue, Miami, Florida;
and
WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood
Conservation District 2 regulations, titled "Village West Island District and Charles
Avenue" ("NCD-2"); and
WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut
Grove that are historically significant; to promote gateways, gathering places, and
activities corresponding to its culture and heritage; to compliment the character of the
entire community and promote the history of the Island District; and to promote its
successful revitalization and restoration; and
WHEREAS, the Property is located within the West Grove neighborhood where
there are a variety of zoning designations, commercial uses, and single family and
duplex housing types; and
WHEREAS, the Planning Department found that the application is consistent with
Miami 21 Code, Article 7, Section 7.1.2.8.f.1(a) in that the proposed change from "73-0"
City of Miami Page 2 of 5 File ID: 13278 (Revision:) Printed On: 51212023
Sub -Urban Transect Zone — Open with a "Village West Island District And Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay to "74-0" General Urban
Transect Zone -Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay as it will further the goals, objectives, and
policies of the Comprehensive Plan; and
WHEREAS, the Planning Department found that the change from "73-0" Sub -Urban
Transect Zone — Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to "74-0" General Urban Transect Zone -
Open with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay of the Property could alleviate the conditions of blight
while supporting the intentions of maintaining the distinct character and heritage of
Village West Island District; and
WHEREAS, the application is consistent with the Miami 21 Code, Article 7, Section
7.1.2.8.f.1(b); and
WHEREAS, the Planning Department found that there are changing conditions in
the form of blight, and changing the zoning designation of the Property from "73-0"
Sub -Urban Transect Zone — Open with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay to "74-0" General Urban
Transect Zone -Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay could alleviate the issues of blight,
making the changes necessary and consistent with the Miami 21 Code, Article 7,
Section 7.1.2.8.f.1(b); and
WHEREAS, the Planning Department found that the proposed zoning change of the
Property from "73-0" Sub -Urban Transect Zone — Open with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to
"74-0" General Urban Transect Zone -Open with a "Village West Island District and
Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay can be deemed
appropriate in light of the intent of the Miami 21 Code; and
WHEREAS, the Planning Department found that the application is consistent with
the Miami 21 Code, Article 7, Section 7.1.2.8.f.2 in that the changes occur in succession
to the next higher Transect Zone; and
WHEREAS, the City Planning Department recommended approval of the rezoning
application to amend the zoning designation of the Property from "73-0" Sub -Urban
Transect Zone — Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to "74-0" General Urban Transect Zone -
Open with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full
consideration to the Planning Director's recommendation; and
City of Miami Page 3 of 5 File ID: 13278 (Revision:) Printed On: 51212023
WHEREAS, the PZAB considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the
proposed change necessary; and
WHEREAS, the PZAB has considered the goals, objectives, and policies of the
Miami Comprehensive Plan, the Miami 21 Code and the criteria therein, and all other
City regulations; and
WHEREAS, the PZAB conducted a public hearing on the subject rezoning
application, and make a recommendation based on whether the criteria in the Miami 21
Code are met; and
WHEREAS, pursuant to Section 7.1.2.8.f.2 of the Miami 21 Code, a change may
be made only to the next intensity Transect Zone or by a Special Area Plan, and in a
manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods
and to provide transitions in intensity and Building Height; and
WHEREAS, after the public hearing and consideration of all of the applicable
criteria, PZAB found appropriate to recommend approval of the zoning change from T3-
0 to T4-L, rather than to T4-0;
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 recommends that the City
Commission approve an amendment to the Zoning Atlas of Miami 21 Code by changing
the zoning classification from "73-0" Sub -Urban Transect Zone — Open with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay to "74-L", General Urban Transect Zone -Limited with a "Village West Island
District and Charles Avenue NCD-2 (Neighborhood Conservation District) Overlay,
rather than to the requested "74-0" General Urban Transect Zone -Open with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay for the property generally located at 3121, 3147, 3135, 3145, 3153, 3163, and
3173 Mundy Street and 3645 and 3633 Day Avenue, Miami, Florida, (collectively, "the
Property") Miami, Florida, as described in Composite 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 the Resolution shall not
be affected.
Section 4. This Resolution shall become effective immediately upon adoption by the
PZAB.
City of Miami Page 4 of 5 File ID: 13278 (Revision:) Printed On: 51212023
Reviewed and Approved:
- - 4--0- L W -
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 5 of 5 File ID: 13278 (Revision:) Printed On: 51212023
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NOTICE
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EXHIBIT A in aar,tlan wkh timalln1 setbWh inth, City&
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recrmmendatlrn or a final tleGarn.
Address: 3121 MUNDY ST PZ-23-15996
Fo I i o: 0141210060120 02/22/23
Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 12 LOT SIZE 50.000 X 107 OR 18933-11
Address: 3147 Mundy ST
Folio: 0141210060100
Legal Description: MUNDY SUB PB 15-29 LOT 10 LOT SIZE 50.000 X 107 OR 9512 2041 COC 23410-1567
05 2005 1
Address:3135 MUNDY ST
Folio: 0141210060090
Legal Description: 2154 41 MUNDY SUB PB 15-29 LOT 9 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2
Address:3145 MUNDY ST
Folio: 0141210060080
Legal Description: 2154 41 MUNDY SUB PB 15-29 LOT 8 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2
Address:3153 MUNDY ST
Folio: 0141210060070
Legal Description: 2154 41 MUNDY SUB PB 15-29 LOT 7 LOT SIZE 50.000 X 107 OR 20101-3331 12/2001
1 COC 24718-3470 07 2006 1
Address: 3163 Mundy Street
Folio: 0141210060060
Legal Description: MUNDY SUB PB 15-29 LOT 6 LOT SIZE 50.000 X 107 OR 20997-2604 01/2003 1
Address:3173 MUNDY ST
Folio: 0141210060050
Legal Description: MUNDY SUB PB 15-29 LOT 5 LOT SIZE 50.000 X 107 74R-262731 OR 18156-
3470/23718-0868 0698 4 COC 23718-0870 08 2005 4
Address: 3633 DAY AV
Fo I i o: 0141210060045
Legal Description: 2154 41 MUNDY SUB PB 15-29 LOT 4 LOT SIZE 7020 SQ FT M/L FAU 01 4121 006 0040
Address: 3645 DAY AV
Fo I i o: 0141210060040
Legal Description : 2154 41 MUNDY SUB PB 15-29 LOT 3 LOT SIZE 5820 SQ FT M/L