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Home My WebLink AboutPZAB (13670) ResolutionCity of Miami City Hall f , 3500 Pan American Drive PZAB Resolution Miami, FL 33133 www.miamigov.com Enactment Number: PZAB-R-23-050 File ID: 13670 Date Rendered: 6/07/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE 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 "CS" CIVIC SPACE ZONE FOR THE PROPERTY LOCATED AT APPROXIMATELY 3699 SOUTHWEST 1 AVENUE AND 3701 SOUTHWEST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN 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, ("Applicant") submitted a request to change the zoning classification from 73-0" Sub -Urban Transect Zone - Open to "CS" Civic Space Zone of the property located at approximately 3699 Southwest 1 Avenue and 3701 Southwest 1 Avenue, Miami, Florid a_(collectively, the "Property"); and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 30,042 square feet (0.689 acres) of land; and WHEREAS, the Future Land Use Map ("MCNP") designation is Duplex — Residential; and WHEREAS, the request to rezone the Property from the "73-0" Sub -Urban Transect Zone - Open to the "CS" Civic Space Zone is inconsistent with the Property's existing future land uses ("FLU") of "Duplex — Residential"; therefore, a concurrent MCNP amendment is required and has been submitted as a companion application PZ-22-15757; and WHEREAS, the application to amend the Future Land Use Map ("FLUM") of the MCNP under PZ-22-15757 would amend the FLU of the Property from "Duplex — Residential" to "Public Parks and Recreation": and WHEREAS, the proposed FLU designation of "Public Parks and Recreation" under PZ- 22-15757 is consistent with the proposed zoning of "CS" Civic Space Zone; and WHEREAS, the Property is currently vacant land and is bordered by single-family and multi -family residential uses; and WHEREAS, the Property is bounded by Southwest 1 Avenue to the north, South Dixie Highway to the south, a multi -family residential parcel to the east, and a single-family residential parcel to the west; and Date Rendered: 6/07/2023 City of Miami Page 1 of 3 File ID: 13670 (Revision:) Printed On: 6/7/2023 WHEREAS, Property is located in a portion of the East Shenandoah neighborhood where there are not a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned "R-2" under the previous 11000 Zoning Code, which permitted eighteen (18) dwelling units per acre; and WHEREAS, the proposed "CS" Civic Space Zone classification would result in lower Intensity and Density; and WHEREAS, the application is consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.1.(a) in that the rezone of the Property from "73-0" Sub -Urban Transect Zone - Open to "CS" Civic Space Zone is consistent with and helps further the Goals, Objectives, and Policies of the MCNP; and WHEREAS, this request to rezone the Property is consistent with MCNP Goal PR-1 to provide sufficient opportunities for active and passive recreation to all City residents based on access to parks, recreation and open space, per capita park funding, and regular surveys of residents on park and recreation needs; and WHEREAS, this request to rezone the Property is consistent with the MCNP Objective PR-1.1 to provide a park within a 10-minute walk of every resident; and WHEREAS, the application is consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.1.(b) in that there is a need for more public parks and open spaces in the surrounding area as this location is not served by any existing park service areas and developing the Property into a public park would provide a new park within a ten-minute barrier -free walk to residential units that currently have no parks within walking distance as required by Levels of Service (LOS) defined in the MCNP, deeming the changes necessary and consistent; and WHEREAS, the application is consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.2 in that the proposed "CS" Civic Space Zone is a lesser Transect Zone from the existing 73-0" Sub -Urban Transect Zone — Open and is therefore successional under Article 7, the Section 7.1.2.8.a. definition of Successional Zoning; and WHEREAS, the Planning Department, after review and analysis, recommends approval of the rezoning application from "73-0" Sub -Urban Transect Zone - Open to the "CS" Civic Space Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the PZAB has considered the Planning Director's recommendation; and WHEREAS, due consideration has been given to the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami 21 Code; and City of Miami Page 2 of 3 File ID: 13670 (Revision:) Printed On: 6/7/2023 WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, after careful consideration of this matter, it is deemed advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this zoning change as set forth herein; 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, 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 the "CS Civic Space Zone for the property located at approximately 3699 Southwest 1 Avenue and 3701 Southwest 1 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. This Resolution shall become effective immediately upon adoption by the Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13670 (Revision:) Printed On: 6/7/2023 EXHIBIT A SPECIFIC PURPOSE SURVEY SKETCH AND LEGAL DESCRIPTION THIS IS NOT A BOUNDARY SURVEY LYING IN SECTION 40, TOWNSHIP 54 SOUTH, RANGE 41 EAST LYING AND BEING IN THE CITY OF MIAMI ABBREVIATIONS: B.B.L. = BUILDING BASE LINE ¢ = CENTER LINE U.E. = UTILITY EASEMENT D.M.E. = DRAINAGE # MAINTENANCE EASEMENT L.B. = LICENSED BUSINESS IN = MONUMENT LINE P.B. = PLAT BOOK P.C. = POINT OF CURVATURE PG. = PAGE R.R. = RAILROAD PP/W = RIGHT OP WAY S.R. = STATE ROAD PROPERTY ADDRESS: 3701 SW 1 AVE, MIAMI, FL 33145 3699 SW 1 AVE, MIAMI, FL 33145 LEGAL DESCRIPTION: f `tom P NOTICE Thie aebminal needs b be Ihetlwed b, a pabk hea,I,g In accortlana wkh tlmelln1 set forth in the City M Miami CWd .The aPpUm Lie dmmion-making body will reWew theinbrma at the public hearing to render. recommentlatlon or a final d.ds.n. PZ-22-15533 04/14/23 OUT OF VIAMI od- -, 53 5- t P N%y' NT OF "� V A \ c S ��0 PLpICPjEp RIG \ \ \ O \ \ . A O ` ` \ \ O \ 0 \ A 1' ` \ \ \ rn \ B SNENP y5 \ \ `\ O \ O \ �\ `D-� Off\ j\ `o\ i i \ c \\o \\ \\ \ _A/ \ \ \ \ \ E L A \ \ \ k o T P-� �iN pf E \' LOCAATION ETCHRf/'� SCALE =N.T.S. THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MIA Ill DADE, STATE OF FL0RIDA, AND IS DESCRIBED AS FOLLOWS: LOTS 89, 90, 91, 92, 93, 94, 95 AND 96, BLOCK 47, EAST SHENANDOAH, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 55, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LAND AREA= ± 30.042 SQ. FT OR ± 0.G59 ACRES SURVEYOR'S NOTES: 1. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY JOHN IBARRA ASSOCIATES , INC. 2. THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENTIS REPRESENTATIVE, DRAWN BY: DA DATE: 0512412022 SCALE: 1 "=50' SURVEY NO: 22-001318-1 SHEET: 1 OF 2 SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY: TH15 "SPECIFIC PURPOSE SURVEY' OF —HE PROPER"Y DESCRIBED HEREON, HAS RECENTLY BEEF' SURVEYED AND DRAWN UNDER MY SUPERVISION, AVD COMPLIES WITH THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFE5510NAL ]AND SURVEYORS IN CHAPTER 5J-17. FLORDA ADMINISTRATIVE CODE PURSUANT TO 472,027, FLORIDA 5TATU—E5, Digitally signed by JOHNA IBARRA Date: 2022.12.12 16:17:13 BY 05.001 0512412022 JOHN IBARRA (DATE Of UELD WORK) PROFESSIONAL LAND SURVEYOR Na: 5204 STATE OF FLORIDA OHN IBARRA & ASSOCIATES. INC. Professional Land Surveyors & Mappers W W W.IBARRALANDSURV EYORS.COM 777 N.W. 72nd AVENUE 3725 DEL PRADO BLVD. S. SUITE 3025 SUITE B MIAMI, FLORIDA 33126 CAPE CORAL, FL 33904 PH: (305) 262-0400 PH: (239) 540-2660 FAX : (305) 262-0401 FAX: (239) 540-2664 ,pHN IBARR9 a � S0N4L LA�y LB#7806 Digitally signed by JOHN A IBARRA Date: 2022.12.12 16:17:51-05'00' EXHIBIT A SPECIFIC PURPOSE SURVEY SKETCH AND LEGAL DESCRIPTION a' THIS IS NOT A BOUNDARY SURVEY NOTICE LYING IN SECTION 40, TOWNSHIP 54 SOUTH, RANGE 41 E �Iseobm�alneensbbe.„ed.�ero,a..bg.„ea LU15 - In aaod—w„n b-111..d ton„mthe City& H1a CW,.Th, appUud, dmi,ion-making bWywlll / - BLOCK ewme �mn tlad tho p bk laeciv t. renders NJ G N - - / - - LOTBLOCr\ 403 41 PZ-22-15533 3 r d -! --- 104/14/23 SW_ 1st AVENUE N 50' TOTAL RIGHT-OF-WAY - o A PUBLICLY DEDICATED RIGHT OF WAY o 77 n51 200.00' 0 LOT-99 LOT-98 LOT-97 LOT-96 LOT vt 0 0 0 I I LOT-94 LOT-93 LOT-92 LOT-91 BLOCK - 47 I I EAST SHENANDOAH ( P.B. 14, PG. 55) o�oov'� 5' ASEMEN FOR SPUR TRACK 6.B.L 9c PER P.B. 14 - P . 55 200.00' o° LOT-90 LOT-89 _9'59',52„ 0 0 0 LOT-88 LOT-87 n 0 N vl cn 0 0 0 0 0 0 F. E. C. R. R. R / W 0 70' TOTAL T-O R.R. RIGHF-WAY o - 0 0 0 0 0 0 0 0 o_ 0 ORIGINAL R. R. R/W LINE ---- ---------------------------------- N N �SOUTH DIXIE HIGHWAY ZONED STREET CENTERLINE41 - GRAPHIC SCALE (S.R. No. 5 R/W P.B. 57-65) 85' TOTAL RIGHT-OF-WAY v -50 0 25 50 A PUBLICLY DEDICATED RIGHT OF WAY (IN FEET) 11NCH = 50 FEET 7ATE BY. DA 0512412022 SCALE: 1 "=50' SURVEY NO: 22-001318-1 SHEET: 2 OF 2 OHN IBARRA & ASSOCIATES. INC. Professional Land Surveyors & Mappers W W W.IBARRALANDSU RVEYORS.COM 777 N.W. 72nd AVENUE 3725 DEL PRADO BLVD, S. SUITE 3025 SUITE B MIAMI, FLORIDA 33126 CAPE CORAL, FL 33904 PH: (305)262-0400 PH: (239)540-2660 FAX: (305) 262-0401 FAX: (239) 540-2664 oNN lea RR a LB#]806 Digitally signed by JOHN A IBARRA Date: 2022.12.12 16:18:15-05'00'