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HomeMy WebLinkAboutPZAB (13581) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 www.miamigov.com Enactment Number: PZAB-R-23-057 File ID: 13581 Date Rendered: 5/26/2023 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 ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "74-L" GENERAL URBAN ZONE — LIMITED TO "75-L" URBAN CENTER ZONE - LIMITED OF THE PROPERTY GENERALLY LOCATED AT 205 AND 219 SOUTHWEST 8 AVENUE, 766 SOUTHWEST 2 STREET, AND 779 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 205 Southwest 8th Avenue, 219 Southwest 8th Avenue, 766 Southwest 2nd Street, and 779 SW 3rd Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") is zoned "74-L" General Urban Transect Zone — Limited on the Zoning Atlas of Ordinance No. 13114, the Zoning Atlas of the City of Miami, Florida, as amended, ("Miami 21 Code"); and WHEREAS, Alejandro Uribe, on behalf of, Lazo Investment, Inc., Lazo West Brickell Investments, Inc. and Hernan R. Lazo (collectively, "Applicant") has submitted a request to change the zoning classification of the Property from "74-L" General Urban Transect Zone — Limited to 75-L" Urban Center Transect Zone - Limited; and WHEREAS, the Applicant has voluntarily proffered a draft Covenant, attached hereto as Exhibit "B," that proffers a "fully affordable mixed -use development"; and WHEREAS, the Property is an assemblage of four (4) parcels totaling approximately 22,125 square feet (-0.509 acres) of land; and WHEREAS, the Future Land Use Map designation is Low Density Restricted Commercial; and WHEREAS, the request to rezone the Property from "74-L" General Urban Transect Zone - Limited to 75-L" Urban Center Transect Zone - Limited is not consistent with the Property's existing future land uses ("FLU") of Low Density Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application (PZ-22-15125); and Date Rendered: 5/26/2023 City of Miami Page 1 of 3 File ID: 13581 (Revision:) Printed On: 5/26/2023 WHEREAS, the Property is bounded by Southwest 2nd Street to the north, Southwest 31d Street to the south, Southwest 2nd Avenue to the east, and Southwest 3rd Avenue west; and WHEREAS, Property is located in a portion of the Little Havana neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned R-3 under the previous 11000 Zoning Code, which permitted 36 dwelling units per acre; and WHEREAS, the residences on the Property were generally built in the 1920s; and WHEREAS, the proposed zoning change is successional, and the Property has sufficient frontage; and WHEREAS, the proposed 75-L" Urban Center Transect Zone - Limited classification would result in higher intensity and taller development; and WHEREAS, the Planning Department recommends approval of the rezoning application from "T-4-L" General Urban Transect Zone - Limited to "T-5-L" Urban Center Transect Zone - 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 Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City regulations; and WHEREAS, the PZAB has considered the Declaration of Restrictive Covenants, attached hereto as an Exhibit "B", voluntarily proffered by the Applicant limiting the development of the subject Property as a "fully affordable mixed -use development'; and 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 proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the proposed zoning change is consistent with the MCNP; and WHEREAS, the Property Owner(s) shall fulfill all necessary requirements to effectuate the rezoning within 30 days from the adoption of the ordinance rezoning the Property; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 13581 (Revision:) Printed On: 5/26/2023 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 to the City Commission approval of 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 "T-4-L" General Urban Transect Zone - Limited to "T-5-L" Urban Center Transect Zone - Limited for the property generally located at 205 Southwest 8th Avenue, 219 Southwest 8th Avenue, 766 Southwest 2nd Street, 779 Southwest 3rd Street, Miami, Florida, as more particularly described in "Exhibit A", attached and incorporated. Section 3. PZAB further recommends that the City Commission accept the voluntarily proffered Declaration of Restrictive Covenants, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "B". Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: 41-Q�L W- Lak[sha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13581 (Revision:) Printed On: 5/26/2023