HomeMy WebLinkAboutPZAB (15479) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-017
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15479 Date Rendered: 4/13/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING DENIAL, DUE TO A TIE VOTE
AND FAILING TO OBTAIN THE REQUIRED SUPERMAJORITY VOTE, 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 PROPERTIES
GENERALLY LOCATED AT 1300 NORTHWEST 38 STREET AND 1317
NORTHWEST 37 STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the properties generally located at 1300 Northwest 38 Street and 1317
Northwest 37 Street (collectively the "Property") are zoned "T3-O" Sub- Urban Transect Zone -
Open; and
WHEREAS, Robert de la Fuente, Esquire, on behalf of STW Real Estate LLC (the
"Applicant") submitted a request to change the zoning classifications at 1300 Northwest 38
Street and 1317 Northwest 37 Street from "T3-O" Sub - Urban Transect Zone - Open to "T4-L"
General Urban Transect Zone - Limited; and
WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately
25,500 square feet (0.585 acres) of land;
WHEREAS, the Future Land Use Map designation is Duplex Residential; and
WHEREAS, the request to change the zoning designations at 1300 Northwest 38 Street
and 1317 Northwest 37 Street 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-22-15999; and
WHEREAS, the property at 1300 Northwest 38 Street is currently a vacant lot with a
registered existing land use of Single Family Residential; and
WHEREAS, the property at 1317 Northwest 37 Street was developed circa 1974 and is
designated is Duplex Residential; and
WHEREAS, the Properties are bounded by Northwest 37 Street to the north, Northwest
36 Street to the south, Northwest 17 Avenue to the east, and residential properties to the west;
and
Date Rendered: 4/13/2024
City of Miami Page 1 of 3 File ID: 15479 (Revision:) Printed On: 4/13/2024
WHEREAS, the Properties were zoned R-2 under Ordinance No. 11000, the previous
Zoning Code, which permitted 18 dwelling units per acre; and
WHEREAS, the proposed "T4-L "General Urban Transect Zone - Limited zoning
classification would result in higher Intensity and Height; and
WHEREAS, the application is inconsistent with Miami 21, Article 7, Section 7.1.2.8.f1(a)
due to the inconsistencies with the Miami Comprehensive Neighborhood Plan's Land Use
elements as stated in companion item PZ-23-15999; and
WHEREAS, there have not been changing conditions to the Miami 21 Atlas in the form
of land uses and rezones at either property or any abutting properties and therefore the
proposal is inconsistent with Miami 21, Article 7, Section 7.1.2.8.f1(b); and
WHEREAS, the proposed application is inconsistent 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, would lead to both incompatible land uses, and an incompatible
residential development density; 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 "T3-O" Sub - Urban Transect Zone- Open to "T4-L" General Urban Transect Zone- Open;
and
WHEREAS, Planning, Zoning and Appeals Board (PZAB) has considered the
Applicant's justification as well as the Planning Department recommendation; and
WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami
Comprehensive Plan, the Miami 21 Code, and all other City regulations;
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 Deny the request, due to a tie vote and failing to obtain the required
supermajority vote, 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- Limited for the properties generally located at 1300
Northwest 38 Street and 1317 Northwest 37 Street, as described in "Exhibit A", attached and
incorporated.
Section 3. This Resolution shall become effective upon adoption by the PZAB.
City of Miami Page 2 of 3 File ID: 15479 (Revision:) Printed On: 4/13/2024
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 15479 (Revision:) Printed On: 4/13/2024