HomeMy WebLinkAboutPZAB (13201) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-23-009
File ID: 13201 Final Action Date: 1/18/2023
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING DENIAL 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 "73-L" SUB -URBAN TRANSECT ZONE — LIMITED
TO "74-L" GENERAL URBAN TRANSECT ZONE -LIMITED OF THE PROPERTY
GENERALLY LOCATED AT 39 NORTHWEST 39 STREET, 40 NORTHWEST 39
STREET, AND 48 NORTHWEST 39 STREET, 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 39 Northwest 39 Street, 40
Northwest 39 Street, and 48 Northwest 39 Street, Miami, Florida, and is zoned "73-L"
Sub -Urban Transect Zone -Limited; and
WHEREAS, Andres Rivero (the "Applicant") has submitted a request to change
the zoning classification from "73-L" Sub -Urban Transect Zone -Limited for 39 Northwest
39 Street, 40 Northwest 39 Street, and 48 Northwest 39 Street (collectively the
"Property"); and
WHEREAS, the Applicant has voluntarily proffered a draft Covenant, attached
hereto as Exhibit B, that proffers that "Notwithstanding the T4-L zoning on the Property,
development on the Property shall be restricted to residential uses with a maximum
density of two (2) dwelling units to be developed in accordance with the development
standards for the T3-0 transect zone as described in Miami 21"; and
WHEREAS, the Property is an assemblage of three (3) parcels totaling
approximately 15,000 square feet (± 0.34 acres) of land;
WHEREAS, the Future Land Use Map designation is Single -Family Residential;
and
WHEREAS, the request to rezone the Property from "73-L" Sub -Urban Transect
Zone -Limited to "74-L" General Urban Transect Zone -Limited is inconsistent with the
Property's existing future land uses ("FLU") of Single -Family Residential , therefore, a
concurrent Comprehensive Plan Amendment is required; and has been submitted as a
companion application PZ-22-13143; and
City of Miami Page 1 of 3 File ID: 13201 (Revision:) Printed On: 112012023
WHEREAS, the Property is currently developed with two (2) existing houses and
one (1) vacant parcel, and is bordered by "73-L" Sub -Urban Transect Zone -Limited and
"74-L" General Urban Transect Zone -Limited uses; and
WHEREAS, the Property is bounded by Northwest 40 Street to the north,
Northwest 38 Street to the south, North Miami Avenue to the east and Northwest 1
Avenue to the west; and
WHEREAS, the Property is located in a portion of the Wynwood/Edgewater
neighborhood where there are not a variety of zoning designations, commercial uses,
and housing types; and
WHEREAS, the property was zoned "R-1" under the previous Ordinance No.
11000, the former Zoning Code, which permitted 9 (nine) dwelling units per acre; and
WHEREAS, the proposed "74-L" General Urban Transect Zone -Limited
classification would result in higher intensity and taller development; and
WHEREAS, the application is inconsistent with Miami 21, Article 7, Section
7.1.2.8.f.1(a) in that the Rezone of the Property from T3-L" Sub -Urban Transect Zone -
Limited to "74-L" General Urban Transect Zone -Limited is inconsistent with the goals,
objectives and policies of the MCNP; and
WHEREAS, this request to Rezone the Property is inconsistent with the City of
Miami Neighborhood Comprehensive (MCNP) Policy LU-1.3.15 which is intended to
continue to encourage a development pattern that enhances existing neighborhoods by
developing a balanced mix of uses including areas for employment, shopping, housing,
and recreation in close proximity to each other; and
WHEREAS, the proposed application is consistent with Miami 21, Article 7,
Section 7.1.2.8.f.2 in that 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, the proposed 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 rezoning
application from "73-L" Sub -Urban Transect Zone -Limited to "74-L" General Urban
Transect Zone -Limited; and alternatively recommends approval of "73-0" Sub Urban
Transect Zone — Open; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive
Covenants does not affect the Planning Department's recommendation or analysis; and
City of Miami Page 2 of 3 File ID: 13201 (Revision:) Printed On: 112012023
WHEREAS, PZAB has considered the need and justification for the proposed
change, including changing and changed conditions that make the passage of the
propose change necessary; 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, the PZAB recommends denial of the rezoning application from "73-
L" Sub -Urban Transect Zone -Limited to "74-L" General Urban Transect Zone -Limited
but agrees with the Planning Department's recommendation that a zoning change to
"73-0" Sub Urban Transect Zone — Open would be acceptable;
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 Deny the request to amend the Zoning Atlas of Ordinance No.
13114 ("Miami 21 Code"), as amended, by changing the zoning classification from "73-
L" Sub -Urban Transect Zone -Limited to "74-L" General Urban Transect Zone -Limited for
the property generally located at 39 Northwest 39 Street, 40 Northwest 39 Street, and
48 Northwest 39 Street, Miami, Florida, as described in Exhibit "A", attached and
incorporated.
Section 3. The PZAB recommends that the City Commission Reject the
voluntarily proffered Declaration of Restrictive Covenants, attached, and incorporated
as Exhibit "B".
Section 4. This Resolution shall become effective immediately upon adoption
by the PZAB.
Reviewed and Approved:
L 4u-Qk_
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 3 of 3 File ID: 13201 (Revision:) Printed On: 112012023
EXHIBIT "A"
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NOTICE
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PZ-22-13143
LEGAL DESCRIPTION OF SUBJECT PROPERTY 12/15/22
Parcel A:
LOT 20, BLOCK 3 OF "PRINCESS PARK", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 87 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA.
Folio No. 01-3124-021-0550
Parcel B:
LOT 5, BLOCK 6 OF "PRINCESS PARK", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 87 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA.
Folio No. 01-3124-021-0970
Parcel C:
LOT 6, BLOCK 6 OF "PRINCESS PARK", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 87 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA.
Folio No. 01-3124-021-0980