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Home My WebLink AboutPZAB (15710) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-027 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15710 Date Rendered: 5/09/2024 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, AS AMENDED, ("MIAMI 21 CODE') BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER TRANSECT ZONE — RESTRICTED TO "T5-O" URBAN CENTER TRANSECT ZONE - OPEN OF THE PROPERTY GENERALLY LOCATED AT 185 NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 185 Northeast 59 Street and 175 Northeast 59 Street, as more particularly described in the attached and incorporated Exhibit "A,"(collectively the "Property") has a zoning classification of "T5-R" Urban Center Transect Zone — Restricted on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"); and WHEREAS, Steven J. Wernick, Esq. AICP, on behalf of 5900 W Little Haiti, LLC ("Applicant"), submitted a request to change the zoning classification of the Property from "T5- R" Urban Center Transect Zone — Restricted to "T5-O" Urban Center Transect Zone - Open Transect Zone on the Zoning Atlas of the Miami 21 Code; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 12,174 square feet (0.279 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation on the Miami Comprehensive Neighborhood Plan ("MCNP") is Medium Density Multifamily Residential; and WHEREAS, the request to change the zoning classification from "T5-R" Urban Center Transect Zone — Restricted to "T5-O" Urban Center Transect Zone - Open is not consistent with the Property's existing future land uses ("FLU") of Medium Density Multifamily Residential, therefore, a concurrent Comprehensive Plan Amendment is required; and WHEREAS, the request to change the FLU from Medium Density Multifamily Residential to Restricted Commercial is being processed concurrently (PZ-23-16881); and WHEREAS, the Property is located in a portion of the Little Haiti neighborhood where there are a variety of zoning classifications, Commercial Uses, and housing types; and Date Rendered: 5/09/2024 City of Miami Page 1 of 3 File ID: 15710 (Revision:) Printed On: 5/9/2024 WHEREAS, the proposed "T5-O" Urban Center Transect Zone - Open classification would result in greater intensity of Uses; and and WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f.1.(b); WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f.2; and WHEREAS, the proposed change in zoning classification can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommended approval of the change in zoning classification from "T5-R" Urban Center Transect Zone — Restricted to "T5-O" Urban Center Transect Zone - Open; and WHEREAS, the Planning, Zoning and Appeals Board has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the request is consistent with Goals, Objectives, and Policies of the MCNP; and WHEREAS, the PZAB particularly finds that this amendment is supported and consistent with Policy LU-1.1.7 of the MCNP; and WHEREAS, as stated during the hearing, the Applicant will meet with the Little Haiti Revitalization Trust to review the application; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend approval of this amendment to the FLUM of the MCNP 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 Miami 21 Code by changing the zoning classification from "T5-R" Urban Center Transect Zone — Restricted to "T5-O" Urban Center Transect Zone - Open, for the property located at 185 Northeast 59 Street and 175 Northeast 59 Street, Miami, Florida, more particularly as described in "Exhibit A," attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of the Resolution shall not be affected. Section 4. This Resolution shall become effective upon adoption by the PZAB. City of Miami Page 2 of 3 File ID: 15710 (Revision:) Printed On: 5/9/2024 Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 15710 (Revision:) Printed On: 5/9/2024 EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY SKETCH LEGAL DESCRIPTION: N a V NOTICE This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision-makIng bodywlll review the Information at the public hearing to render a PZn 23 16880 n 03/26/24 411 9�R4-b1 EW CO Lots 3 and 4, ROCKM00R CENTRAL TRACT, according to the plat thereof as recorded in Plat Book 4 at Page 197 of the Public Records of Miami —Dade County, Florida. Drawn By MLR Cad. No. 230266 Ref. Dwg. 2021-025 LEGAL DESCRIPTION F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 7/12/23 Scale NOT TO SCALE Job. No. 230553 Dwg. No. 10230184 Plotted:7/12/23 8:35a Sheet of 4 EXHIBIT "A" SURVEYOR'S NOTES & CERTIFICATION TO ACCOMPANY SKETCH SURVEYOR'S NOTES: N a V NOTICE This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body NOR review the information at the public hearing to render a — 411 PZn 23 16880 n 03/26/24 9��R�b1 v EW COcO° — This site lies in Section 13, Township 53 South, Range 42 East, City of Miami, Miami —Dade County, Florida. — All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. — Bearings hereon are referred to an assumed value of S 88°34'53" W for the North right of way line of N.E. 59th Street. — Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — Lands shown hereon containing 12,174 square feet, or 0.279 acres, more or less. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description meets the applicable codes as set forth in the Statutes. Leavy, Skiles, sketch #201 9-1 1 4, 201 9-1 1 5 & 2021 —025. was made under my responsible charge on July 12, 2023, and Florida Administrative Code, pursuant to Section 472.027, Florida "Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" FORTIN, LEAVY,— , INC., LB3653 Bv: 00'4„ 04 URV P �� Daniel C. Fortin Jr,"5nr the Firm Surveyor and Mapper, LS6435 State of Florida. Digitally signed by Daniel C Fortin DN: c=US, o=Florida, dnQualifier=A01410D000001867E5 31 E56000A6E7A, cn=Daniel C Fortin Date: 2023.07.12 16:09:16-04'00' Drawn By MLR Cad. No, 230266 Ref. Dwg. 2021-025 SURVEYOR'S NOTES & CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 7/12/23 Scale NOT TO SCALE Job. No. 230553 Dwg. No. 10230184 Plotted:•7/12/23 8:35a Sheet 2 of 4 EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION GRAPHIC SCALE 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision-makIng bodywlll review the Information at the public hearing to render a PZn 23 16880 n 03/26/24 411 9�R4'b1 EW CO S89°13'32"E 112.77' NORTH LINE OF LOT 4 ROCKMOOR CENTRAL TRACT o PLAT BOOK 4 PAGE 197 LOT 2 LOT5 LOT4 LOTS Zr, o o 0 O 0 Z w.. z. z.. [MONUMENT LINE r EC) CO O O LOT 1 SOUTH LINE OF LOT 3 S89°24'24"W 112.56' NORTH RIGHT OF WAY LINE OF N.E. 59TH STREET N.E. 59TH STREET (PUBLIC RIGHT OF WAY) CENTERLINE OF N.E. 59TH STREET Drawn By MLR Cad. No. 230266 Ref. Dwg. 202 1 —025 SKETCH OF DESCRIPTION F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 7/12/23 Scale 1"— 0 Job. No. 230553 Dwg. No. 10230184 Plotted: 7/12/23 8:35a Sheet 3 of 4 N a V NOTICE This submittal needs to be scheduled for a public hearing In acoordanre weh timelines set forth in the City of Miami Code. The applicable decision -making body NOR EXHIBIT "A" LOCATION MAP _.... recommeneasonorannal eecmon. ....re sA PZ-23-16880 9 03/26/24 kr ob.VIEW cue' r N.E. 59TH TERRACE • SUBJECT z > N.E. 59TH STREET z N.E. 59TH STREET PROPERTY N w Z N.E. 58TH TERRACE N.E. 58TH TERRACE F. ¢ D o o w z Z w Q N.E. 58TH STREET cn N.E. 58TH STREET a w Z / / cc co LLI Z N.E. 57TH STREET J w F. N.E. 57TH STREET E. 2ND AVENU CC 0 0 0 Z N w Z Z N.E. 56TH STREET or OF N , T53 A PORTIONCY OF MDADE COUNOTYTHFLOR DAE 42 EAST IIIIIPI" 91k - - NOT TO SCALE B NOTES: 1.) PREPARED FOR: MIDGARD MANAGEMENT 2.) THIS SKETCH IS NOT A BOUNDARY SURVEY 3.) THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR A DIGITAL SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Drawn By MLR LOCATION SKETCH Date 7/12/23 Cad. No' Scale 230266 NOT TO SCALE Ref. Dwg. 2 0 21 — 0 2 5 FORTIN, LEAVY, S KILES, INC. Job. No. 230553 CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1 0 2 3 — 0 1 8 — 4 Plotted: 7/1 2/23 8:35a 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Sheet 4 of 4 J