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HomeMy WebLinkAboutPZAB (5305) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com l t P2 Enactment Number: PZAB-R-23-012 File ID: 5305 Final Action Date: 1/18/2023 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, ("MIAMI 21 CODE") AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "74-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED TO "75-R" URBAN CENTER TRANSECT ZONE — RESTRICTED FOR THE PROPERTY LOCATED AT APPROXIMATELY 2170 NORTHWEST FLAGLER TERRACE, MIAMI, FLORIDA, AND FROM "76-8-0" URBAN CORE TRANSECT ZONE — OPEN TO "76-8-L" URBAN CORE TRANSECT ZONE — LIMITED FOR THE PROPERTY LOCATED AT APPROXIMATELY 45 NORTHWEST 22 AVENUE, MIAMI, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 2170 SBH, LLC and 45 SBH, LLC (collectively the "Applicant") own the properties generally located at 2170 NW Flagler Terrace and 45 NW 22 Avenue (collectively the "Property"); and WHEREAS, the Property is an assemblage of two parcels totaling approximately 0.93 acres (40,917 square feet) located at the intersection of NW 22 Avenue and NW Flagler Terrace on the block bound by NW Flagler Terrace to the north, NW 21 Place to the east, NW Flagler Street to the south, and NW 22 Aveenue to the west; and WHEREAS, for the purposes of this application, the Property is divided into two areas which correspond to the Property's existing Zoning designation: the "East Parcel" and the "West Parcel"; and WHEREAS, the East Parcel is generally located at 2170 NW Flagler Terrace and is approximately 17,790 square feet in size; and WHEREAS, the East Parcel is zoned "74-R" General Urban Transect Zone — Restricted and developed with a two-story structure containing 22 dwelling units; and WHEREAS, the West Parcel is generally located at 45 NW 22 Avenue and is approximately 23,127 square feet in size; and City of Miami Page 1 of 4 File ID: 5305 (Revision:) Printed On: 2/10/2023 WHEREAS, the West Parcel is zoned "76-8-0" Urban Core — Open and developed with a single -story commercial structure and a car wash; and WHEREAS, the Applicant has submitted a request to change the zoning classification of the East Parcel from "74-R" General Urban Transect Zone — Restricted to "75-R" Urban Center Transect Zone — Restricted, and the West Parcel from "76-8-0" Urban Core — Open to "76-8-L" Urban Core — Limited; and WHEREAS, the Applicant has also voluntarily proffered a draft Covenant (Matter ID No. 20-970, attached hereto as Exhibit B) to provide a total of ten percent (10%) of the housing units as a part of any multifamily residential rental or condominium development on the Property at a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below eighty percent (80%) of the Area Median Income; and WHEREAS, the draft covenant indicates that the Units proffered pursuant to the covenant shall not count towards satisfying Public Benefit contributions to achieve a bonus in Height or Floor Area that may be requested at the time of redevelopment under the Miami 21 Code; and WHEREAS, the Property is located within the Marlins Park Neighborhood Enhancement Team (NET) Area, and located one block to the north of W Flagler Street, a city -designated Transit Corridor; and WHEREAS, the request to rezone the East Parcel from "74-R" to "75-R," and the West Parcel from "76-8-0" to "76-8-L" is consistent with the Property's existing future land uses (FLU) of Medium Density Multifamily Residential and Restricted Commercial, therefore, a companion Comprehensive Plan Amendment is not required; and WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the 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 this 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 "74-R" to "75-R" for the East Parcel and from "76-8- 0" to "76-8-L" for the West Parcel is successional, however, deemed the request inappropriate in light of the intent of the Miami 21 Code; and WHEREAS, a review of the former Zoning Ordinance No. 11000 shows that the East Parcel was designated "R-Y Multifamily Medium -Density Residential Zoning District and "SD-12" Buffer Overlay District, and the West Parcel was designated "C-1" Restricted Commercial and "SD-26" 22nd Avenue Special Overlay District; and City of Miami Page 2 of 4 File ID: 5305 (Revision:) Printed On: 211012023 WHEREAS, with the adoption of the Miami 21 Zoning Code, the East Parcel was rezoned to "74-R" General Urban Transect — Restricted and the West Parcel was rezoned to "76-8-0" Urban Core Transect — Open; and WHEREAS, no recent changes have been made to the Transect boundaries in the area which follow the original lot lines of the Evanston Heights Plat (Recording Book 1, Page 56) and were maintained with the adoption of Miami 21; and WHEREAS, although the densities of the existing "74" properties along the south side of NW Flagler Terrace exceed what is permitted in "74" Transect Zone, the requested change to "75-R" for the East Parcel would allow the encroachment of additional Height, Density, and development capacity that is incompatible with the existing one and two-story residential neighborhood; and WHEREAS, the request to rezone the West Parcel from "76-8-0" to "76-8-L" would not change the maximum Height or Density permitted, but would result in a down - zoning to a less intense Transect Zone that effectively limits the intensity of Commercial and Office uses along a well -established commercial corridor; and WHEREAS, by only rezoning portions of this block to "75-R" and "76-8-1_," the request does not fully comply with the transitional development pattern sought by Miami 21; and WHEREAS, the requested change in zoning does not further the goals and objectives of the Miami Neighborhood Comprehensive Plan; and WHEREAS, the proposed change does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, pursuant to Miami 21, Article 7, Section 7.1.2.8.d.1, the Planning Department recommends denial of the request to change the zoning classification of the East Parcel from "74-R" General Urban Transect Zone — Restricted to "75-R" Urban Center Transect Zone — Restricted, and the West Parcel from "76-8-0" Urban Core — Open to "76-8-L" Urban Core — Limited; and WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants does not affect the Planning Department's recommendation or analysis; 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 propose change unnecessary; and WHEREAS, the PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and City of Miami Page 3 of 4 File ID: 5305 (Revision:) Printed On: 211012023 its inhabitants to recommend approval of this amendment to the Miami 21 Zoning Atlas, as hereinafter set forth; and 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 deny the request to amend the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "74-R" General Urban Transect Zone — Restricted to "75-R" Urban Center Transect Zone — Restricted for the property located at approximately 2170 Northwest Flagler Terrace, Miami, Florida, and deny the request to amend the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "76-8-0" Urban Core Transect Zone — Open to "76-8-L" Urban Core Transect Zone — Limited for the property located at approximately 45 Northwest 22 Avenue, Miami, Florida as described in "Exhibit A", attached and incorporated. Section 3. PZAB recommends that the City Commission accept/reject the voluntarily proffered Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B". 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 4 of 4 File ID: 5305 (Revision:) Printed On: 211012023 NOTICE Exhibit A ((�N aloeedembeelhe&� de ,ap�bkheehng rbanre whh tirnellnea set forth in the CityofM. The applirable becialon--Mq bMywlll e Inbnnetion M the public hearing to mode, s recommend— or a final tlecision. PZ-19-4415 LOTS 10, 11, AND 12, LESS THE WEST 20 FEET THEREOF, IN BLOCK 4, ' 11/05/20 HEIGHTS", ACCORDING TO THE PLAT THEREFOR, AS RECORDED IN PLAT BO PAGE 56—S, OF THE PUBLIC RECORDS OF MIAMI —DADE COUNTY FLORIDA. _►o LOTS 8 AND 9, BLOCK 4, "EVANSTON HEIGHTS", ACCORDING TO THE PLAT THEREFOR, AS RECORDED IN PLAT BOOK 1, AT PAGE 56—S, OF THE PUBLIC RECORDS OF MIAMI — DADE COUNTY FLORIDA.