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HomeMy WebLinkAboutPZAB (13665) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com l t P2 Enactment Number: PZAB-R-23-039 File ID: 13665 Date Rendered: 5/03/2023 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 "T6-24A-0" URBAN CORE TRANSECT ZONE - OPEN TO "76-2413-0" URBAN CORE TRANSECT ZONE - OPEN FOR THE PROPERTY GENERALLY LOCATED AT 1600 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 1600 Northeast 2 Avenue, Miami, Florida ("Property") is zoned "T6-24A-0" Urban Core Transect Zone — Open on the Zoning Atlas of the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, Ines Marrero Priegues, Esq., on behalf of 1600 NE 2ND Avenue, LLC ("Applicant"), submitted a request to change the zoning classification from "T6-24A-0" Urban Core Transect Zone - Open to "76-2413-0" Urban Core Transect Zone — Open for the Property; and WHEREAS, the Property is approximately 24,589.3 square feet (0.5645 acres) of land; and WHEREAS, the Future Land Use Map designation of the Property is "General Commercial" on the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the request to rezone the Property from "T6-24A-0" Urban Core Transect Zone - Open to "76-2413-0" Urban Core Transect Zone — Open is consistent with the Property's existing Future Land Use designation ("FLU") of "General Commercial", therefore, a concurrent MCNP is not required; and WHEREAS, the Property is bordered by "Restricted Commercial" and "General Commercial" uses; and WHEREAS, the request is consistent with the Miami 21 Code, Article 7, Section 7.1.2.8(f)(1)(a) in that the rezone of the Property from "T6-24A-0" Urban Core Transect Zone - Open to 76-2413-0" Urban Core Transect Zone — Open is consistent with and helps further the Goals, Objectives, and Policies of the MCNP as well as the Miami 21 Code and other City regulations; and Date Rendered: 5/03/2023 City of Miami Page 1 of 3 File ID: 13665 (Revision:) Printed On: 51312023 WHEREAS, the request to rezone the Property from "T6-24A-0" Urban Core Transect Zone - Open to 76-2413-0" Urban Core Transect Zone — Open is consistent with the MCNP Policy LU-1.3.15 intent to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including housing and recreation in close proximity to each other; and WHEREAS, the request is consistent with the Miami 21 Code, Article 7, Section 7.1.2.8(f)(1)(b); and WHEREAS, the request to rezone the Property complies with Miami 21, Article 7, Section 7.1.2.8(f)(2) criteria, in that the proposed "76-2413-0" Urban Core Transect Zone — Open is the Successional Zone of T6-24A-0" Urban Core Transect Zone — Open; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "T6-24A-0" Urban Core Transect Zone - Open to 76-2413-0" Urban Core Transect Zone — Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has given full considerations to the Planning Departments recommendations and held a hearing on the matter; and WHEREAS, consideration was given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City regulations; and WHEREAS, the consideration has been given to the need and justification for the proposed zoning classification change, including changing and changed conditions that make the passage of the proposed zoning classification change necessary; and WHEREAS, the proposed zoning classification change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in Intensity and Building Height; 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") recommends 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 "T6-24A-0" Urban Core Transect Zone - Open to "76-2413-0" Urban Core Transect Zone — Open for the Property generally located at 1600 Northeast 2 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. This Resolution shall become effective upon adoption by the PZAB City of Miami Page 2 of 3 File ID: 13665 (Revision:) Printed On: 5/3/2023 Reviewed and Approved: W- Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13665 (Revision:) Printed On: 5/3/2023 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1600 NE 2 AVENUE, MIAMI, EE, EXHIBIT 99A99 1 /TH TE d NE mH ST NE 17 ST z �W WW z z NE I6TH ST ro NE 16TH ST > NE ISTHTE dW z WW z XF T ST 14TH" NE 14TH ST NE I4TH ST LOCATION MAP NOT TO SCALE PERTINENT INFORMATION USED FOR THE PREPARATION OF TH15 DOCUMENT: NOTICE This submittal needs b be schetl"lee br a p"bkc h-1,g In eccorhanre whh timelines set forth in the City M Miami cwtl .The appii-de decision -making btly will reWewihe mbrmadon d the pubkc hearing to render e recommendation or a final deciaon. PZ-22-15065 w 03/27/23 The Legal Description of the 5ubjoct Farcel was generated from the following documents: -Flat of "ROBBIN5, GRAHAM AND CHILLINGWORTH SUBDIVISION", according to the Flat thereof, 35 recorded in Flat Book A, Page 492 of the Fublic Records of Miami -Dade County, Florida -Warranty Deed recorded on September 5, 1985, in Official Records Book 12G28, Page 837 of the Fublic Records of Miami -Dade County, Florida -Warranty Deed recorded on May 5, 1 98G in Official Records Book 1 2877, Page 2904 of the Fublic Records of Miami -Dade County, Florida Alley Closure Fetition dated November 2, 1925 Ordinance No. G8G (Alley Closing) dated November 1 5, 1 92G -City of Miami Municipal Atlas Sheet No. 23-H and 23A-A, I35t dated on February 19G8. and July 19G7 re5pectively. EASEMENTS AND ENCUMBRANCES: No information was provided 35 to the existence of any easements other that what appears on the underlying Flat of record. Fle350 refer to the Limitations Item with respect to p0551ble re5trlction5 of record and utility 5ervice5. SURVEYOR'S CERTIFICATE: I hereby certify: That this "Sketch to Accompany Legal Description" and the Survey Map re5ultmg therefrom was performed under my direction and 15 true and correct to the best of my knowledge and belief and further, that Said "Sketch to Accompany Legal Description" meets the intent of the applicable prov15ion5 of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 5J- 1 7.05 1 through 5J- 17.052 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida 5tatUt05. LEVELTECH SURVEYORS LLC., a Florida Limited Liability Company Florida Certificate of Authorization Number 1_1571 54 This item has been digitally 51gned by: PREPARED BY: SURVEYORS, INC. LAND SURVEYORS *LAND PLANNERS 777 NW 72 ND AVENUE, SUITE 3134 MIAMI, FL 33126. TEL:305.261 .8483 FAX:305.261 .8781 PREPARED FOR: Miami Cash Register Co., a Florida corporation FL RO N AL DDigitally y RONALDSW WALL NG 6473 RONALD W. WALLIN( SURVEYOR AND MAPPI STS1A'IYOFLORIDA FLORIDA NC. 6473 DN:c US, o=LEVEL- � WTECH SURVEYORS, dnQualifier=A01410C WALLIN 000137ACD OOOC9C1, C9C1, cn=RONALD W WALLING G Date: 2022.06.06 S H E E T 17,0135-04'00' HE 3 SHEETS THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1600 NE 2 AVENUE, MIAMI, EL. EXHIBIT 99A99 LEGAL DESCRIPTION t�Y f1i'.9jj.T \1 N sV� NOTICE This submittal needs b be sche&W d br a pabkr hearing In eccorhanre wkh timelines set forth in the City M Miami Cotle. The applicad' decision -making bdy Wil reWewihen ad at the pabkc hearing to render. recommendation or a final deciaon. PZ-22-15065 w 03/27/23 LOTS 11 AND 12, LESS THE SOUTH 5 FEET AND ALL OF LOTS 9 AND 10 AND ALLEY LYING BETWEEN, BLOCK 10, ROBBINS, GRAHAM AND CHILLINGWORTH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGE 492 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. LESS PROPERTY CONVEYED TO THE CITY OF MIAMI BY WARRANTY DEED RECORDED IN O.R. BOOK 12877, PAGE 2904, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 11 AND 12, BLOCK 10, "ROBBINS, GRAHAM AND CHILLINGWORTH OFBTDHESPUBLIC REOCORDS OFF THE PLAT THEREOF IDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 25 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF N.E. 1 COURT AND 30 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF N.E. 16 STREET. AND THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 30 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF N.E. 16 STREET AND 40 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF N.E. 2 STREET. CONTAINING 24589.3 SQUARE FEET (0.5645 ACRES), MORE OR LESS, BY CALCULATIONS. PREPARED BY: LEVEL -TECH SURVEYORS, INC. LAND SURVEYORS * LAND PLANNERS 777 NW 72 No AVENUE, SMITE 3134 MIAMI, FL 33126. TEL:305.261 .64133 FAX:305.261 .B7B 1 PREPARED FOR: Miami Cash Register Co., a Florida corporation LEVEL TECH SURVEYORS, INC. a�tS3E NU� I I - 6473 RONALD W. WALLING SURVEYOR AND MAPPER . 6473 STST@LTEOFLORIDA q FLORIDA �T SHEET :2 0F 3 SHEETS )U M SKETCH TO ACCOMPANY LEGAL DESCRIPTION :.`�N 1600 NE 2`X'AVENUE, WAM1, FL. NOTICE E /\ H I r~ I T 99 99 rnls aueminai neeaa t1111 eawelmra ph, City a,ing Lk�J . eccorbana d, tiIe 11. setforth in the 1 M Miami Cotle. The applicade decision -making bWy will reWewihe information at the pubic hearing to render e recommends ., or a final tleciaon. PZ-22-15065 03/27/23 I II I LOT 7 LOT 8 BLOCK 10 BLOCK 10 I I I I I I-1o.o� iI I I I I I oI —20.00 oj--2 .00 jmI r of II I.O j � N O p N�31 a lal m W a tnl 2j0 S I P T! O I \ O?2 Spa —20.00-12 r2 .00—Ln LESS AND EXCErli O.R.B. 12877, P G.I 2904 - -- N87'33'OS"E 210 00'(R) 213.92'(M)—__—_- ------B.B.L ro 1 I I� f m m LOT 10 I I 'I 0 LOT 9 1 N BLOCK 10 O BLOCK 10 I' ro t o W s a w I a ,o O I U U 3 Q I M 1M I LOT 11 N� BLOCK 10 I LOT 12 1 z 3 BLOCK 10 1 W I�� ZI -Q, Z 5.0 ooL5.0 3jr�-8„�1Q_0-O'(6)-- )— — — — — 34. LESS w AND E CPT O.R.B. 1287.G. 2904F N.E 16 STREET __-___ _- -"-5.00 --- ---NE �3'08"E_ - .0: 'CR)277.42'(M)--4,--------- --- 60' PUBLIC RIGHT- OF- WAY N I � 5.0 T GRAPHIC SCALE LEGEND 50 25 0 P/L = PROPERTY LINE Q_ = CENTER LINE R. = RADIUS A = CENTRAL ANGLE 1 inch = 50 feet L = ARC LENGTH PREPARED BY: (R) = RECORD ✓ V /\II P.B. PLAT PG.= PAGE O.R BOOK O.R.B. = OFFICIAL RECORDS BOOK LJ1 (Q1v" (M) =MEASURED ■ .� id = MONUMENT LINE LEVEL -TECH PREPARED FOR: SURVEYORS, INC. Miami Cash Register Co., a Florida corporation LAND SURVEYORS + LAND PLANNERS 777 NW 72 No AVENUE, SURE 2134 MIAMI, FL 331 245. TEL:305.281.8483 FAX:305.261 .8781 LEVE_TECH SURVEYORS, INC. A� 6473 RONALD W. WALLING FL A SURVEYOR AND MAPPERa 6473 O� STSIaTFORLORIDA q FLORMAD11111111119— by �F ING RONALD o - - EL-rE<„ �f0`VAL 3URVg�0 a` �s. o W = I�oa, dnQuali9er-apr4rpmoop SHEET WALLI NG oa;a°o= °60woL-"-,, THIS IS NOT A BOUNDARY SURVEY OF SHEETS