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HomeMy WebLinkAboutPZAB (13948) Signed ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-085 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13948 Date Rendered: 9/26/2023 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 "T3-O" SUB -URBAN TRANSECT ZONE -OPEN TO "T4-L" GENERAL URBAN TRANSECT ZONE — LIMITED OF THE PROPERTY GENERALLY LOCATED AT 2973 SOUTHWEST 36 AVENUE, AND RECOMMENDING DENIAL OF A CHANGE TO THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER TRANSECT ZONE- OPEN TO "T6-8-O" URBAN CORE TRANSECT ZONE- OPEN OF THE PROPERTY LOCATED AT 3555 SOUTHWEST 29 TERRACE MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; 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, Alejandro Uribe, Esq., on behalf of O'Malley Holdings LLC (the "Applicant") submitted a request to change the zoning classification of the property located at 2973 SW 36 Avenue from "T3-O" Sub - Urban Transect Zone- Open to "T4-L" General Urban Transect Zone- Limited, together with a request to change the zoning classification of the property located at 3555 SW 29th Terrace from "T5-O" Urban Center Transect Zone- Open to "T6-8-O" Urban Core Transect Zone- Open (collectively the "Property"); and WHEREAS, the portion of the Property generally located at 2973 Southwest 36th Avenue, is zoned "T3-O" Sub - Urban Transect Zone - Open; and WHEREAS, the portion of the Property generally located at 3555 Southwest 29th Terrace, is zoned "T5-O" Urban Center Transect Zone- Open; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 22,508 square feet (0.517 acres) of land; WHEREAS, the Future Land Use Map designation is Duplex Residential; and Date Rendered: 9/26/2023 City of Miami Page 1 of 4 File ID: 13948 (Revision:) Printed On: 9/26/2023 WHEREAS, the request to change the zoning designation at 2973 SW 36th Avenue from "T3-O" Sub - Urban Transect Zone- Open to "T4-L" General Urban Transect Zone- Limited is inconsistent with the Property's existing future land uses ("FLU") of Duplex Residential, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-20-15003; and WHEREAS, the property at 2973 Southwest 36th Avenue is currently developed with the Duplex Residential land use designation, and was generally constructed in 1967 and is bordered by Duplex Residential uses; and WHEREAS, the property at 3555 Southwest 29th Terrace is currently developed with the Sales and Services land use designation, is being used as a parking lot, and is bordered by a wide variety of uses; and WHEREAS, the Property is bounded by Southwest 36th Avenue to the west, Southwest 29th Terrace to the south, and residential properties to the north; and WHEREAS, the Property abuts Southwest 29 Terrace where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned "R-2" and "C-2" under Ordinance No. 11000, the previous Zoning Code, which permitted 18 dwelling units per acre; and WHEREAS, the proposed "T4-L" Urban Center Transect Zone Limited and "T6-8- 0" Urban Core Transect Zone- Open classifications would result in higher Intensity and Height; and WHEREAS, the request to rezone the Property is inconsistent with the City of Miami Comprehensive Neighborhood Plan (MCNP), Future Land Use Element, Goal Land Use Objective 1.3 due to the further encroachment of commercial uses near residential areas; and WHEREAS, this request to Rezone the Property is inconsistent with the MCNP Housing Element, Objective 1.1 as the Property is near public transportation, and therefore more suitable for affordable housing; and WHERAS, the request to Rezone the Property is inconsistent with Policy 1.1.9 in that parcels adjacent to residential uses and public transportation are more suitable for additional residential uses; and WHEREAS, the application is inconsistent with Miami 21, Article 7, Section 7.1.2.8.f.1(a) due to the inconsistencies with the Miami Comprehensive Neighborhood Plan's Land Use and Housing Elements; and WHEREAS, there have been changing conditions to the Miami 21 Atlas in the form of land uses and rezones both at 3555 Southwest 29th Terrace, and other which City of Miami Page 2 of 4 File ID: 13948 (Revision:) Printed On: 9/26/2023 are adjacent to the property, but not in such a manner as to deem the proposed changes necessary and therefore the proposal is inconsistent 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 in that a rezone from "T3-O" Sub - Urban Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited, and a rezone from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open would be considered successional zoning; 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 "T5-L" Urban Center Transect Zone — Limited to "T6-8-O" Urban Core Transect Zone- Open and denial of the rezoning application from "T3-O" Sub - Urban Transect Zone- Open to "T4-L" General Urban Transect Zone- Open; and WHEREAS, the Planning, Zoning and Appeals Board (PZAB) has considered the Applicant's justification as well as the Planning Department recommendation; 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 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 "T3-O" Sub - Urban Transect Zone- Open to "T4-L" General Urban Transect Zone - Open; for the property generally located at 2973 Southwest 36th Avenue Miami, Florida. Section 3. The 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 "T5-L" Urban Center Transect Zone — Limited to "T6-8-O" Urban Core Transect Zone- Open for the property generally located at 3555 Southwest 29th Terrace, as described in "Exhibit A", attached and incorporated. Section 4. The PZAB further recommends to the City Commission the acceptance of the voluntarily proffered covenant in a form acceptable to the City Attorney, a draft of which is attached hereto as Exhibit "B". City of Miami Page 3 of 4 File ID: 13948 (Revision:) Printed On: 9/26/2023 Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: Laklsha Hull AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 13948 (Revision:) Printed On: 9/26/2023 nrl.L uary.0 u HVLIVUL_6UUIYUHn I .JnL IUrl HIYU I. ILnRML.L_L7/J 3'0 allL.]\JJJJ .1,01 J1HYYII\U\LCCL SKETCH & LEGAL DESCRIPTION EXHIBIT "A" PROPERTY ADDRESS: 3555 S.W. 29th. TERRACE, MIAMI, FLORIDA 33133 Folio# 01-4116-019-1330 2973 SW 29 TERRACE MIAMI, FLORIDA 33133 Folio# 01-4116-019-1320 NOTICE This submittal neebc to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The appLIci , d,cision-ma king body will review the Information at the public hearing to render a recommendte on or a final decis on. PZ-22-15001 08/25/23 LEGAL DESCRIPTION: Lots 22 and 23, Block 15, Overbrook Park, according to the Plat thereof, as recorded in Plat Book 3, page 206, Public Records of Miami —Dade County, Florida, LESS and except that portion in Order of Taking recorded in Official Records Book 11462, page 300, Public Records of Miami —Dade County, Florida. SURVEYOR'S NOTES: 1) This is not a BOUNDARY SURVEY, but only a GRAPHIC DEPICTION of the description shown hereon. 2) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper Additions or deletions to survey maps or reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. 3) There may be additional Restrictions not shown on this survey that may be found in the Public Records of this County, Examination of ABSIRAC i of TITLC will have to be made to determine recorded instruments, if any affecting this property. 4) No Title search has been performed to determine if there are any conflict existing or arising out of the creation of the Easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. 5) The North arrow and bearings shown hereon are based on aforementioned recorded plat. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and corre' t re•resentation of the SKETCH AND LEGAL DESCRIPTION of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisio s * Charter SJ-17, Florida Administrative Code. ROY/XJC]INT LB /0282 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 Date: July 11, 2022 Job Number: RP22-0879 NOTE: This Sketch is NOT A BOUNDARY SURVEY. This Document is not full and complete without a!I Sheets, Containing a total of (2) Sheet Digitally Jacob by Jacob Gomis Date: Go m i s 0° 3441'04,00, GOMIS ianal Surveyor & Mapper f Florida Reg. No. 6231 Page 1 of 2 cunL_nrLr UO/ V.uwy iw UvvC_DUUOW/VN 1 JnC LJ \JJJJ Jlr L7 ILnntAt,L_L7/J JI 2 i SKETCH & LEGAL DESCRIPTION EXHIBIT "A" 25.0' "OVERBRmOK PARK" PLAT BOOK 13, PAGE 206 BLOCK 1 5 L 0 T 2 1 1 N89 58'37"E 140.20' AREA OF TAKING AS PER O.R. BOOK 11462. PG. 300 .MOY�1 ®0Prir LB #7282 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 ©N 00 kr)• L 0 T 2 3 (AREA: 15,503 S/F) This submittal needs to be scheduled for a public hearing in accordance yet timelines set forth In the City of Miami Code. The applicable decision -making body end renew the information at the public hearing to rendera recommendation or a final decision. PZ-22-15001 08/25/23 L 0 T 15 LOT 1 1 N89 58'37"E 139.57' 569i CN 29 Date: July 11, 2022 Job Number: RP22-0879 NOTE: This Sketch is NOT A BOUNDARY SURVEY. This Document is not full and complete without all Sheets, Containing a total of (2) Sheet OP == (n N -r`'I' 5.0' v 1 SCALE: 1" = 50' LEGEND ----= CENTERLINE Page 2 of 2