HomeMy WebLinkAboutPZAB (13905) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-060
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13905
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 "T5-0" URBAN CENTER TRANSECT ZONE -
OPEN (NORTHERN PORTION) AND "T4-R" GENERAL URBAN TRANSECT ZONE —
RESTRICTED (SOUTHERN PORTION) TO "T5-O" URBAN CENTER TRANSECT
ZONE - OPEN (NORTHERN) AND "T4-O" GENERAL URBAN TRANSECT ZONE —
OPEN (SOUTHERN PORTION) OF THE SOUTHERN PORTION OF THE PROPERTY
GENERALLY LOCATED AT 3030 SOUTHWEST 22ND 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 3030 Southwest 22nd Street, Miami,
Florida, (the "Property") and is zoned "T5-O" Urban Center Transect Zone — Open on the
northern 17, 442 square feet ("Northern portion") of the Property and "T4-R" General Urban
Transect Zone — Restricted on the southern 32,461 square feet ("Southern portion) of the
Property; and
WHEREAS, Melissa Tapanes Llahues Esquire, on behalf of Victor Brown and Bomart
Real Estate, LLC ("Applicant") has submitted a request to change the zoning classification of the
Southern portion of the Property from "T5-0" Urban Center Transect Zone - Open (Northern
Portion) and "T4-R" General Urban Transect Zone — Restricted (Southern Portion) to "T5-O"
Urban Center Transect Zone - Open (Northern) and "T4-O" General Urban Transect Zone —
Open (Southern Portion); and
WHEREAS, the Property consists of one (1) parcel totaling approximately 39,471 square
feet (0.906 acres) of land; and
WHEREAS, the Future Land Use Map designation is Restricted Commercial; and
WHEREAS, the request to rezone the Southern portion of the Property from the "T5-0"
Urban Center Transect Zone - Open (Northern Portion) and "T4-R" General Urban Transect
Zone — Restricted to "T5-O" Urban Center Transect Zone - Open (Northern) and "T4-O" General
Urban Transect Zone — Open (southern Portion) is consistent with the Property's existing future
land uses ("FLU") of Restricted Commercial, therefore, a concurrent Comprehensive Plan
Amendment is not required; and
WHEREAS, the property is currently developed with an office building, constructed in
2004 and is bordered by residential and commercial uses; and
City of Miami Page 1 of 3 File ID: 13905 (Revision:) Printed On: 6/6/2023
WHEREAS, the Property is bounded by 22nd Street to the north, 22nd Terrace to the
south, 29th Avenue to the east and 31st Avenue west; and
WHEREAS, the Property is located in a portion of the Coral Way BMP (Zone 5) where
there are a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the property was zoned "C-1" under the previous Zoning Code, Ordinance
No. 11000, which permitted restricted commercial uses; and
WHEREAS, an exception for the use of a private school on the property was proposed
and approved in 2019; and
WHEREAS, the proposed "T5-O" Urban Center Transect Zone - Open (Northern) and
"T4-O" General Urban Transect Zone — Open (classification will result in uses consistent with
the proposed use; and
WHEREAS, the application is consistent with Miami 21, Article 7, Section 7.1.2.8.f.1(a);
and
WHEREAS, this request to rezone the Property is consistent with the City of Miami
Neighborhood Comprehensive (MCNP) Goal LU 1.1.7's intent of developing mixed use
neighborhoods which makes this request consistent with the rezoning criteria of Miami 21,
Section 7.1.2.8.f.1; and
WHEREAS, this request to rezone the Property is consistent with the MCNP Objective
TR 1.1.5's intent to promote development along transit corridors, which makes the request
consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1; and
WHEREAS, the proposed application is consistent with Miami 21, Article 7, Section
7.1.2.8.f.1(b); and
WHEREAS, the proposed application is consistent with Miami 21, Article 7, Section
7.1.2.8.f.2; 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
request to change the zoning from "T5-0" Urban Center Transect Zone - Open (Northern
Portion) and "T4-R" General Urban Transect Zone — Restricted (Southern Portion) to "T5-O"
Urban Center Transect Zone - Open (Northern) and "T4-O" General Urban Transect Zone —
Open (Southern Portion) of the Property; 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 propose change unnecessary; and
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WHEREAS, the PZAB has considered the goals, objectives, and policies of the Miami
Comprehensive Plan, the Miami 21 Code, and all other City regulations;
WHEREAS, the PZAB, after careful consideration of this matter, deems the request
advisable and in the best interest of the general welfare of the City and its inhabitants and
hereby recommends that the proposed zoning change be granted, as hereinafter set forth;
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 "T5-0" Urban Center
Transect Zone - Open (Northern Portion) and "T4-R" General Urban Transect Zone — Restricted
(Southern Portion) to "T5-O" Urban Center Transect Zone - Open (Northern) and "T4-O"
General Urban Transect Zone — Open (Southern Portion) of the Property generally located at
3030 Southwest 22nd Street, Miami, Florida, as described in "Exhibit A", attached and
incorporated.
Section 3. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 3 of 3 File ID: 13905 (Revision:) Printed On: 6/6/2023