HomeMy WebLinkAboutPZAB (15808) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-043
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15808 Date Rendered: 6/25/2024
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 FOR
TWO (2) PORTIONS OF LAND - ONE PORTION FROM "CS," CIVIC SPACE ZONE,
TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, AND ANOTHER PORTION
FROM "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, TO "CS," CIVIC SPACE
ZONE, RESPECTIVELY, OF THE PROPERTY GENERALLY LOCATED AT 1822
NORTHWEST 37 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property generally located at 1822 Northwest 37 Avenue, Miami, Florida
("Property") features bi-furcated zoning with the majority zoned "CS," Civic Space Zone, and the
minority "T6-8-O," Urban Transect Zone — Open, on the Zoning Atlas of Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the Property is located within the Miami Freedom Park Special Area Plan
("SAP"); and
WHEREAS, Arthur Noriega, V, the City Manager acting on behalf of the City of Miami
("Applicant") has submitted a request to the City of Miami ("City") to change the zoning
classification on the Zoning Atlas of the Miami 21 Code for two (2) portions of the Property —
one portion from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, and
another portion from "T6-8-O," Urban Core Transect Zone — Open", to "CS," Civic Space Zone,
respectively, as described in the attached and incorporated Exhibit "A"; and
WHEREAS, the Property site is one (1) parcel totaling approximately 4,639,140 square
feet (106.5 acres) of land, and the two (2) affected portions are each 92,815 square feet
(2.131 acres), for a total of 185,630 square feet (4.262 acres); and
WHEREAS, the request to rezone is inconsistent with the Property's existing Future
Land Use ("FLU"), therefore, a concurrent Comprehensive Plan Amendment is required and has
been submitted as a companion application under PZ-24-17919; and
WHEREAS, the application to amend the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan ("MCNP") under PZ-24-17919 would amend the FLU of the
affected portions of the Property; and
Date Rendered: 6/25/2024
City of Miami Page 1 of 3 File ID: 15808 (Revision:) Printed On: 6/25/2024
WHEREAS, the proposed Future Land Use ("FLU") designation, under PZ-24-17919, is
consistent with the proposed zoning; and
WHEREAS, the Property is the former site of the Melreese County Club and golf course;
and
WHEREAS, the Property is located in a portion of the Allapattah neighborhood where
there is a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the Property was zoned "C-1" under the previous 11000 Zoning Code; and
WHEREAS, the application is consistent with the Miami 21 Code, Article 7, Section
7.1.2.8.f1(a) in that rezone of the portions of the Property from "CS," Civic Space Zone, to "T6-
8-0," Urban Core Transect Zone — Open, and "T6-8-0," Urban Core Transect Zone — Open, to
"CS," Civic Space Zone, respectively, is consistent with and helps further the Goals, Objectives,
and Policies of the MCNP; and
WHEREAS, this request is intended to execute the vision of the Miami Freedom Park
SAP, as it relates to the building site of the new City administration building; and
WHEREAS, due to a change in the architectural vision and master planning for the site's
development, this rezone was requested; and
WHEREAS, the proposed change is merely shifting the building site northward and does
not disrupt the overall vision of the Property and the SAP; and
WHEREAS, this request to rezone the two (2) portions of the Property is consistent with
the City of Miami Neighborhood Comprehensive ("MCNP") and furthers the intent of the SAP,
Policy LU-1.6.5 of the MCNP, which states "the City may continue to use special district
designations as a land development regulation instrument for the purpose of accomplishing
specific development objectives in particular areas of the city"; 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
from "CS," Civic Space Zone, to "T6-8-0," Urban Core Transect Zone — Open, and "T6-8-0,"
Urban Core Transect Zone — Open, to "CS," Civic Space Zone, respectively; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the MCNP, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; 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 Zoning Atlas of the Miami 21 Code as hereinafter set forth;
City of Miami Page 2 of 3 File ID: 15808 (Revision:) Printed On: 6/25/2024
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 for the two (2) portions of
the Property, each 92,815 square feet (2.131 acres), for a total of 185,630 square feet (4.262
acres) — one portion from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone —
Open, and another from and "T6-8-O," Urban Core Transect Zone — Open, to "CS," Civic Space
Zone, respectively, for the property generally located at 1822 Northwest 37 Avenue, Miami, 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 this Resolution shall not be affected.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 15808 (Revision:) Printed On: 6/25/2024
EXHIBIT "A"
LEGAL DESCRIPTION OF NORTHERN PORTION AND SOUTHERN PORTION
Northern Portion — "Portion A"
From:
Future Land Use Map:
Zoning Atlas:
To:
Future Land Use Map:
Zoning Atlas:
"Public Parks and Recreation"
"CS," Civic Space Zone
"Restricted Commercial"
"T6-8-O," Urban Core Transect Zone — Open
A PORTION OF UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -QUARTER (1/4) OF
SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY FLORIDA, SAID LANDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION
32, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88°08'18" EAST FORA DISTANCE OF
649.34 FEET TO A POINT; THENCE RUN NORTH 00°53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A
POINT; THENCE RUN ALONG A LINE 45.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT
RIGHT ANGLES TO, SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32,
NORTH 88°08'18" EAST FOR A DISTANCE OF 1236.71 FEET TO A POINT; THENCE RUN NORTH
01°52'57" WEST FOR A DISTANCE OF 213.00 FEET TO A POINT; THENCE RUN NORTH 88°08'18" EAST
FOR A DISTANCE OF 80.00 FEET TO A POINT; THENCE RUN NORTH 01°52'57' WEST FOR A DISTANCE
OF 1064.41 FEET TO A POINT; THENCE RUN ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 32, NORTH 87°
46'27" EAST FOR A DISTANCE OF 700.00 FEET TO A POINT; THENCE RUN ALONG THE WEST RIGHT-
OF-WAY LINE OF N.W. 37TH AVENUE (DOUGLAS ROAD) NORTH 01°52'57" WEST FOR A DISTANCE OF
535.07 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE WEST; THENCE
CONTINUES ALONG THE LAST DESCRIBED COURSE, ALONG THE ARC OF SAID CURVE TO THE LEFT
HAVING A RADIUS OF 2864.79 FEET, A CENTRAL ANGLE OF 01 °14'40". A CHORD DISTANCE OF 62.22
FEET AND A CHORD BEARING OF NO2°30'17" WEST, FOR AN ARC DISTANCE OF 62.22 FEET TO A
POINT; THENCE RUN RADIAL TO THE LAST DESCRIBED CURVE SOUTH 86°52'23" WEST FOR A
DISTANCE OF 125.70 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL
OF LAND; THENCE RUN SOUTH 88°07'03" WEST FOR A DISTANCE OF 237.58 FEET TO A POINT;
THENCE RUN NORTH 01°52'57' WEST FOR A DISTANCE OF 390.67 FEET TO A POINT; THENCE RUN
NORTH 88°07'03" EAST FOR A DISTANCE OF 237.58 FEET TO A POINT; THENCE RUN SOUTH 01°52'57"
EAST FOR A DISTANCE OF 390.67 FEET TO THE POINT OF BEGINNING.
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Southern Portion - "Portion B"
From:
Future Land Use Map: "Restricted Commercial"
Zoning Atlas: "T6-8-O," Urban Core Transect Zone - Open
To:
Future Land Use Map: "Public Parks and Recreation"
Zoning Atlas: "CS," Civic Space Zone
A PORTION OF UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -QUARTER (1/4) OF
SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY. FLORIDA, SAID LANDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION
32, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88°08'18" EAST FOR A DISTANCE OF
649.34 FEET TO A POINT; THENCE RUN NORTH 00°53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A
POINT; THENCE RUN ALONG A LINE 45.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT
RIGHT ANGLES TO, SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32,
NORTH 88°08'18" EAST FOR A DISTANCE OF 1236.71 FEET TO A POINT; THENCE RUN NORTH
01°52'57" WEST FOR A DISTANCE OF 213.00 FEET TO A POINT; THENCE RUN NORTH 88°08'18" EAST
FOR A DISTANCE OF 80.00 FEET TO A POINT; THENCE RUN NORTH 01°52'57' WEST FOR A DISTANCE
OF 1064.41 FEET TO A POINT; THENCE RUN ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 32, NORTH 87°
46'27" EAST FOR A DISTANCE OF 600.18 FEET TO A POINT; THENCE RUN NORTH 02'13'33" WEST FOR
A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING THE FOLLOWING DESCRIBED PARCEL OF
LAND; THENCE SOUTH 88°07'03" WEST FOR A DISTANCE FOR 237.58; THENCE NORTH 01°52'57"
WEST FOR A DISTANCE OF 390.67 FEET TO A POINT; THENCE NORTH 88°07'03" EAST FOR A
DISTANCE OF 237.58 FEET TO A POINT; THENCE ALONG A LINE 135.00 FEET WESTERLY OF AND
PARALLEL TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, SOUTH 01°52'57" EAST
FOR A DISTANCE OF 390.67 FEET TO THE POINT OF BEGINNING.
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