The URL can be used to link to this page

Home My WebLink AboutPZAB (13280) Resolution° City of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL 33133 r e www.miamigov.com Enactment Number: PZAB-R-23-025 File ID: 13280 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-R" SUB -URBAN TRANSECT ZONE — RESTRICTED 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 PROPERTIES GENERALLY LOCATED AT 3475, 3479, AND 3481 HIBISCUS STREET, 3475, 3447, 3435 AND 3401 WILLIAM AVENUE, 3452 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454 AND 3456 ELIZABETH STREET AND A CHANGE IN THE ZONING CLASSIFICATION FROM "73-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED AND "75-0" URBAN CENTER TRANSECT ZONE — OPEN 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 3449 HIBISCUS STREET, 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 in the zoning classification from 73-R" Sub -Urban Transect Zone — Restricted 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 properties generally located at 3475, 3479, And 3481 Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue, 3452 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456 Elizabeth Street and a change in the zoning classification from 73-R" General Urban Transect Zone — Restricted and 75-0" Urban Center Transect Zone — Open 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 3449 Hibiscus Street, Miami, Florida, (collectively, "the Property") pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting; and WHEREAS, the Property consists of fourteen (14) parcels totaling approximately 97,752 square feet (2.24 acres) of land; and WHEREAS, the Property is located in the Village West Island and Charles Avenue Neighborhood Conservation District ("NCD-2"); and City of Miami Page 1 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023 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 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, 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 City of Miami Page 2 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023 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 application is consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.1(a) in that the proposed change from "73-R' Sub -Urban Transect Zone — Restricted and "75-0" Urban Center 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 will further the goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, changes from "73-R" Sub -Urban Transect Zone — Restricted and "75-0" Urban Center 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 conditions of blight while supporting the intentions of maintaining the distinct character and heritage of Village West Island District; and WHEREAS, the proposed application is consistent with the Miami 21 Code, Article 7, Section 7.1.2.8.f.1(b); and WHEREAS, there are changing conditions in the form of blight and changing from "73-R" Sub -Urban Transect Zone — Restricted 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 proposed 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 proposed zoning change from "73-R" Sub -Urban Transect Zone — Restricted and "75-0" Urban Center 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 City Planning Department recommends approval of the rezoning application from "73-R" Sub -Urban Transect Zone — Restricted and "75-0" Urban Center Transect Zone — Open with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "74-0" City of Miami Page 3 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023 General Urban Transect Zone -Open with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay; 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 3449, 3475, 3479, and 3481 Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue, 3452 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456 Elizabeth Street, Miami, Florida; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full consideration to the Planning Director's recommendation; and WHEREAS, the PZAB has 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, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; 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 the request to amend the Zoning Atlas of Miami 21 Code by changing the zoning classification from "73-R" Sub -Urban Transect Zone — Restricted 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 3475, 3479, and 3481 Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue, 3452 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456 Elizabeth Street and a change in the zoning classification from "73-R' General Urban Transect Zone — Restricted and "75-0" Urban Center Transect Zone — Open 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 3449 Hibiscus Street, Miami, Florida, (collectively, "the Property") Miami, Florida, as described in Composite Exhibit "A", attached and incorporated. City of Miami Page 4 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023 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 upon adoption by the PZAB. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 5 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023 Exhibit "A" Address: 3479 HIBISCUS ST Folio: 0141210074750 f `tom P NYC' NOTICE This submittal neetls b be scheaolee br a pubkc hearing In accortlana wkh brnellnes set forth in the City M Mlarni CWtl .The applicede bsision-making btly will reWewihe inlormatlon at the pubkc hearing to rentler e recommentlatlon or a final d.dm.,. +� PZ-23-15987 / \\ 02/24/23 ,;4 Legal Description: FROW HOMESTEAD PB B-106 LOT 34 LESS W1.5FT FOR ST BLK 28 LOT S 50.000 X 99 OR 16273-0882 0294 4 COC 21774-2796 09 2003 1 Address:3481 HIBISCUS ST Folio: 0141210074760 Legal Description: FROW HOMESTEAD PB B-106 LOT 35 BLK 28 LOT SIZE 50.000 X 100 74R 113121 Address: 3475 WILLIAM AV Folio: 0141210120650 Legal Description: 2154 41 DE HEDOUVILLES PB B-150 LOTS 65 & 66 LOT SIZE 120.000 X 124 74R 113122 Address:3435 WILLIAM AV Folio: 0141210120640 Legal Description: DE HEDOUVILLES PB B-150 LOT 63 LOT SIZE 50.000 X 124 Address: 3452 THOMAS AV Folio: 0141210120260 Legal Description: DE HEDOUVILLES PB B-150 LOT 24 LESS ENT & ENT LOT 23 LOT SIZE 50.000 X 124 OR 16737-4183 0495 4 Address: 3440 THOMAS AV Folio: 0141210120270 Legal Description: DE HEDOUVILLES PB B-150 LOT 25 & ENT LOT 24 LOT SIZE 59.000 X 124 Address:3430 THOMAS AV Folio: 0141210120280 Legal Description: DE HEDOUVILLES PB B-150 LOT 26 LOT SIZE 50.000 X 124 OR 10185-1605 10781 Address: 3449 HIBISCUS ST Folio: 0141210074730 Legal Description: FROW HOMESTEAD PB B-106 LOTS 31 & 32 LESS W1.5FT FOR ST BLK 28 LOT SIZE 100.000 X 99 OR 10780-2303 0680 5 Address:3456 ELIZABETH ST Folio: 0141210120300 `tom P NOTICE Legal Description: DE HEDOUVILLES PB B-150 S50FT LOT 27 LOT SIZE 50.000 X 7 hisaobm alneetlem�"he°°�°ro"°°°°nty& In accortlanawkh tlmellnea setforih in the Cl M COC 26122-1256 12 2007 1 Mi"I CWtl .The aPPU-il bsls1- making bWy will wewmenbma°onatthe °�bk`hea,�n9toren'e,a recommentlatl ono afinal —i,g. PZ-23-15987 02/24/23 Address: 3460 THOMAS AVE Folio:0141210120250 1 0 Legal Description: DE HEDOUVILLES PB B-150 LOT 23 LESS ENT LOT SIZE 61.000 X 124 COC 26534-1209 08 2008 1 Address: 3475 HIBISCUS ST Folio: 0141210074740 Legal Description: FROW HOMESTEAD PB B-106 LOT 33 LESS W1.5FT FOR ST BLK 28 LOT SIZE 50.000 X 99 OR 20869-3751 11/2002 1 Address: 3454 ELIZABETH ST Folio: 0141210120290 Legal Description: DE HEDOUVILLES PB B-150 N73FT LOT 27 LOT SIZE 75.000 X 73 Address: 3401 William Avenue Folio: 0141210120630 Legal Description: 2154 41 DE HEDOUVILLS PB B-150 LOT 62 LOT SIZE 75.000 X 124 Address: 3447 William Avenue Folio: 0141210120641 Legal Description: DE HEDOUVILLES PB B-150 LOT 64 LOT SIZE 50.000 X 124 OR 12419-555 01854