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Home My WebLink AboutPZAB (4439) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-052 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 4439 Final Action Date: 10/3/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM SUBURBAN TRANSECT ZONE -OPEN, "T3-O," TO GENERAL URBAN TRANSECT ZONE -OPEN, "T4-O," FOR THE PROPERTIES GENERALLY LOCATED AT 2550, 2542, 2534, 2522, AND 2512 SOUTHWEST 1 STREET AND 2551, 2541, 2535, 2527, AND 2515 SOUTHWEST 2 STREET; AND BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL URBAN TRANSECT ZONE -LIMITED, "T4-L," TO GENERAL URBAN TRANSECT ZONE -OPEN, "T4-O," FOR THE PROPERTIES GENERALLY LOCATED AT 2612 SOUTHWEST 1 STREET, 2600 SOUTHWEST 1 STREET, 2611 SOUTHWEST 2 STREET, AND 2601 SOUTHWEST 2 STREET, MIAMI, FLORIDA; WITH ALL PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami Duplex Rental, LLC; SW 2nd Street Investments, LLC; and Little Havana Rentals, LLC ("Applicant"), on behalf of the property owner, Leon Family Holdings, LLC, requests to the change the zoning of the properties located at 2550, 2542, 2534, 2522, and 2512 Southwest 1 Street (collectively, "Eastern Lots") from Suburban Transect Zone -Open, "T3- 0," to Urban Transect Zone -Open, "T4-O," in accordance with Article 7, Section 7.1.2.8 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21"); and WHEREAS, the Applicant also requests to change the zoning of the properties at 2612 and 2600 Southwest 1 Street and 2611 and 2601 Southwest 2 Street (collectively, "Western Lots") from Urban Transect Zone -Limited, "T4-L," to Urban Transect Zone -Open, "T4-0," in accordance with Article 7, Section 7.1.2.8 of Miami 21; and WHEREAS, both the Eastern Lots and the Western Lots (collectively, "Properties") are more particularly described in Exhibit "A," attached hereto and incorporated herein by reference; and WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive Covenants ("Covenant") limiting the development of the Properties as further depicted in Exhibit "B," attached and incorporated; and WHEREAS, the Applicant's Covenant proposes: City of Miami Page 1 of 4 File ID: 4439 (Revision:) Printed On: 10/10/2018 1. That a 10-foot landscape buffer be provided along Southwest 1 Street and Southwest 2 Street. 2. That street trees shall be provided along Southwest 1 Street and Southwest 2 Street at a maximum average spacing of 30-feet on center in accordance with Article 9, Section 9.5.3.b of Miami 21; and WHEREAS, the Covenant lists development restrictions that are already required in Article 8, Illustration 4 of Miami 21 as well as the minimum standards listed in Article 9 of Miami 21; and WHEREAS, the Properties are approximately 112,500 square feet (2.58 acres) in size and located in the Little Havana NET area; and WHEREAS, per the Letter of Intent submitted by the Applicant, the purpose of the change of zoning is to provide additional parking for the existing civic intuitional use abutting the Properties; and WHEREAS, the Applicant has also requested to waive the 18-month time limitation as specified in Article 7, Section 7.1.2.8 (g)(7) of Miami 21; and WHEREAS, the proposed change of zoning will increase the allowed density from eighteen (18) dwelling units per acre to thirty-six (36) dwelling units per acre (see companion item File ID 4438); and WHEREAS, the City of Miami ("City") Planning Department recommended denial of the request to change the zoning from Suburban Transect Zone -Open, "T3-O," and General Urban Transect-Limited, "T4-L," to General Urban Transect-Open, "T4-O," as it is an intrusion of intensity and density into the neighborhood, which is predominantly composed of low -scale residential uses; the proposed change of zoning on the Western Lots from General Urban Transect-Limited, "T4-L," to General Urban Transect-Open, "T4-O," is unnecessary as parking facilities are permitted under the existing General Urban Transect-Limited, "T4-L"; the proposed change of zoning of the Properties to General Urban Transect-Open, "T4-O," permits a variety of non-residential uses within a predominantly residential area; there are no General Urban Transect-Open, "T4-O," Transect Zones within a 1,000-foot radius of the Properties, which increases development capacity and uses that are not available to neighboring properties; the change of zoning is inconsistent with the rezoning criteria of Miami 21 as it does not further the Miami Comprehensive Neighborhood Plan ("MCNP"), specifically Goal LU-1 of the MCNP to encourage development in the existing commercial areas of the City; and WHEREAS, the City Planning Department recommended denial of the request to waive the 18-month waiting period as established in Article 7 of Miami 21 as it would further allow the loss of the buffer created by the existing General Urban Transect-Limited, "T4-L," between the Urban Core Transect-Open, "T6-8-O," to the west and the Suburban Transect-Open, "T3-O," to the east; and the requested waiver for an eventual establishment of an Urban Core Transect- Open, "T6-8-O," is not justified and would directly impose uses on the neighboring T3 and T4 Transect Zones; and WHEREAS, the City Planning Department recommends that changing the zoning of the Properties to Civic Institution, "Cl," may be an appropriate alternative for any future expansion of the existing civic institutional use abutting the Properties as a change in zoning to Civic City of Miami Page 2 of 4 File ID: 4439 (Revision:) Printed On: 10/10/2018 Institution, "Cl," allows for the consideration of buffering between the existing neighborhood and dissimilar uses; and Article 4, Table 3 of Miami 21 indicates that an Exception is required for new development applications in a Civic Institution, "CI"; which would require noticing and a public hearing where stakeholders are given the opportunity to weigh in on changes that may affect their community as specifically set forth in Article 7, Section 7.1.2.6 of Miami 21; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full consideration to the Planning Director's recommendations; and WHEREAS, the PZAB evaluated whether the application should be granted, granted with modifications, or denied; and WHEREAS, the PZAB conducted a quasi-judicial hearing on the rezoning application; and WHEREAS, the PZAB considered the goals, objectives, and policies of the MCNP, Miami 21, and all other City regulations; and WHEREAS, the PZAB considered the need and justification for the proposed change, including changing and changed conditions that would make the passage of the proposed change of zoning necessary; and WHEREAS, the 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 Miami 21 and approval of the request to waive the 18- month time limitation as specified in Article 7, Section 7.1.2.8 (g)(7) of Miami 21; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING, AND APPEALS BOARD THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution and the Planning Staff Analysis, attached and incorporated, are adopted by reference and incorporated as fully set forth in this Section. Section 2. The PZAB recommends to City Commission that the change of zoning as stated herein be approved and that the request to waive the 18-month time limitation as specified in Article 7, Section 7.1.2.8 (g)(7) of Miami 21 be approved; and. Section 3. This Resolution shall become effective immediately upon its adoption. Francisco Garcia, Director Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, the City of Miami, Florida, and acknowledges that s/he executed SWORN AND SUBSCRIBED BEFORE ME THIS I u DAY OF ( Execution Date G \ LClerk of the Planning, Zoning and Appeals Board of the foregoing Resolution. OCkOC'fv , 201 City of Miami Page 3 of 4 File ID: 4439 (Revision:) Printed On: 10/10/2018 Print Notary Name "ary Public State of Florida Personally know l— or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath *!i•' ERICA K. LEE -IA MY COMMISSION # GG 188537 M!. rqa; EXPIRES: February 21, 2022 4y1, . �` ' FoF °;'�Bonded lbw Notary Public Underwriters City of Miami Page 4 of 4 File ID: 4439 (Revision:) Printed On: 10/10/2018 Exhibit A Legal Description for Rezoning Lots 2 through 9, and Lots 16 through 22, BLOCK 6, Central Park Subdivision, according to the Plat thereof, as Recorded in Plat Book 5, Page 57, of the Public Records of Miami -Dade County, Florida.