HomeMy WebLinkAboutPZAB (13581) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL33133
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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