HomeMy WebLinkAboutPZAB (6668) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-19-046
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 6668
Final Action Date: 10/30/2019
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, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
AS AMENDED, BY CHANGING 0.53 ACRES OF PROPERTY LOCATED AT
APPROXIMATELY 1583 NORTHWEST 24 AVENUE, MIAMI, FLORIDA, FROM "T5-
L," URBAN CENTER — LIMITED, PARTIALLY TO "T5-R," URBAN CENTER —
RESTRICTED AND PARTIALLY TO "D3," WATERFRONT INDUSTRIAL; AND BY
CHANGING 8.91 ACRES OF THE PROPERTIES AT 1535, 1545, AND THE
REMAINING PORTION OF 1583 NORTHWEST 24 AVENUE FROM "T6-12-L,"
URBAN CENTER — LIMITED, PARTIALLY TO "D3" WATERFRONT INDUSTRIAL
AND PARTIALLY TO "T5-R" URBAN CENTER — RESTRICTED, RESULTING IN 2.25
ACRES OF "T5-R", URBAN CENTER — RESTRICTED, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," AND THE REMAINING 7.19 ACRES OF "D3"
WATERFRONT INDUSTRIAL, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, approximately 0.53 acres of the property located at approximately
1583 Northwest 24 Avenue, Miami, Florida is currently zoned "T5-L," Urban Center
Zone — Limited ("Parcel 1"); and
WHEREAS, approximately 8.91 acres of the properties located at approximately
1535, 1545, and the remaining portion of 1583 Northwest 24 Avenue, Miami, Florida are
currently zoned "T6-12-L", Urban Core — Limited ("Parcel 2") ("Parcel 1" and "Parcel 2"
collectively referred to as "Property"); and
WHEREAS, the City of Miami ("City" or "Applicant") is requesting to rezone the
2.25 acres of the Property to "T5-R", Urban Center — Restricted, as more particularly
described in Exhibit "A" and 7.19 acres of the Property to "D-3," Waterfront Industrial, as
more particularly described in Exhibit "B," both exhibits attached and incorporated to be
consistent with the Future Land Use Map ("FLUM") of the Miami Comprehensive
Neighborhood Plan ("MCNP"); and
WHEREAS, prior to the adoption of the Miami 21 Code, the Property was
rezoned through the adoption of Ordinance No. 12777 on February 23, 2006, such that
Parcel 1, which is currently zoned "T5-L", remained "R-3", Multifamily Medium -Density
Residential", and Parcel 2, which is currently zoned "T6-12-L", was rezoned from "SD -
City of Miami Page 1 of 4 File ID: 6668 (Revision: A) Printed On: 10/31/2019
4," Waterfront Industrial District, and "R-3", Multifamily Medium -Density Residential, to
"C-1 ", Residential, under Zoning Ordinance No. 11000; and
WHEREAS, also on February 23, 2006, the City Commission adopted Ordinance
No. 12776, amending the FLUM of the City, such that the zoning for the Property would
be consistent with the MCNP at that time, in accordance with Chapter 163, Florida
Statutes, ("2006 FLUM Amendment"); and
WHEREAS, the 2006 FLUM Amendment involved changing approximately 7.19
acres of the Property from "Industrial" to "Restricted Commercial" and changing
approximately 1.72 acres of the Property from "Medium Density Multifamily Residential"
to "Restricted Commercial," resulting in a total of 8.91 acres of "Restricted Commercial";
and
WHEREAS, the 2006 FLUM Amendment left 0.53 acres of the Property with the
"Medium Density Multifamily Residential" designation intact; and
WHEREAS, the 2006 FLUM Amendment was appealed by the Durham Park
Neighborhood Association, Inc., the Miami River Marine Group, Inc., and Herbert Payne
("Appellants") regarding violations of principles of "Working and Recreational
Waterfronts" as established in Chapter 342, Florida Statutes, resulting in a decision by
the 3rd District Court of Appeals, which reversed the 2006 FLUM Amendment; and
WHEREAS, the Appellants had other issues of contention regarding goals,
objectives, and policies contained within the MCNP based on Working and Recreational
Waterfronts policies that were ultimately resolved through a Stipulated Settlement
Agreement between the Appellants, the City of Miami ("City"), and the State Land
Planning Agency, then known as the Department of Community Affairs; and
WHEREAS, the City adopted the Stipulated Settlement Agreement by Resolution
No. R-10-0327 and adopted a text amendment to the MCNP (Ordinance No. 13189) to
finalize the 2005 Evaluation and Appraisal Review ("EAR") process and to settle
Appellants' claims against the City; and
WHEREAS, at the time Ordinance No. 11000 was repealed and the Miami 21
Code was adopted, the Ordinance No. 11000 Zoning Atlas showed that Parcel 1 was
designated as "R-3" and Parcel 2 was designated as "C-1 ", reflecting that the 3rd District
Court of Appeals did not reverse the zoning of the Property; and
WHEREAS, the Zoning Atlas for Miami 21 at adoption shows Parcel 1 as
designated "T5-L", Urban Center Zone — Limited, and Parcel 2 as designated as "T6-12-
L", Urban Core — Limited, which is generally an appropriate "reinterpretation" of zoning
for the new zoning regulations; and
WHEREAS, the correct FLUM designation for the Property, by operation of law,
reflects that 2.25 acres of land are designated as "Medium Density Multifamily
City of Miami Page 2 of 4 File ID: 6668 (Revision: A) Printed On: 10/31/2019
Residential," as they were prior to the adoption of Ordinance No. 12776, and the
remaining 7.19 acres of land are designated as Industrial, as they were designated prior
to the adoption of Ordinance No. 12776; and
WHEREAS, to avoid inconsistency with the MCNP and to cure a violation with
Section 163.3201, Florida Statutes, the City must rezone the property with a consistent
zoning designation; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of
the Miami 21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, PZAB has considered the goals, objectives, and policies of the
MCNP, the 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
propose change necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to
preserve neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the PZAB at its meeting on October 30, 2019, following an
advertised public hearing, after careful consideration of this matter, a motion to
recommend approval of the zoning change was made, wherein six (6) PZAB members
voted in favor and one (1) PZAB member voted against;
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 Boards recommends that the
City Commission amend the Zoning Atlas of Ordinance No. 13114, as amended, by
changing a portion of the zoning classifications from "T5-L", Urban Center — Limited,
and "T6-12-L", Urban Core — Limited, for the 2.25 acres located at approximately 1583
Northwest 24 Avenue to "T5-R", Urban Center — Restricted, as more particularly
described in Exhibit "A"; and by changing a portion of the zoning classifications from
"T5-L" Urban Center — Limited, and "T6-12-L", Urban Core — Limited, for 7.19 acres
located at approximately 1535, 1545, and the remainder of the property at 1583
Northwest 24 Avenue, Miami, Florida to "D-3," Waterfront Industrial, as more particularly
described in Exhibit "B," 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.
City of Miami Page 3 of 4 File ID: 6668 (Revision: A) Printed On: 10/31/2019
Section 4. This Resolution shall become effective upon adoption by the PZAB.
lrt ang(s
KAI Department of Planning
ct-G Director
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
I3i I 2 t r,
Execution Date
Personally appeared before me, the undersigned authority, E6CO LeCCIerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 31 DAY OF ()CADbe, 2019.
SOlkOt CiOh2G1C2
Print Notary Name
Personally know V or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
NotState of Florida
My Commission Expires:
SILVIA GONZALEZ
MY COMMISSION # GG 051561
EXPIRES: November 30, 2020
Bonded Thru Notary Public Undenwiters
City of Miami Page 4 of 4 File ID: 6668 (Revision: A) Printed On: 10/31/2019
EXHIBIT A
LEGAL DESCRIPTION
ORIGINAL PARCEL A:
A Portion of Tract 2, "ALLENS SUBDIVISION", according to the plat thereof, as
recorded in Plat Book 60, at Page 56, of the Public Records of Miami —Dade County,
Florida, said land Tying in and being in the City of Miami, Florida; and Portion of Tract
3, "ALLENS SUBDIVISION — FIRST ADDITION", according to the plat thereof, cis recorded
in Plat Book 73, at Page 37, of the Public Records of Miami —Dade County, Florida,
said lands lying in and being in the City of Miami, Florida, being more particularly
described as follows:
Begin at the Northwest corner of Lot 8, Block 1, of "DEL RIO PARK", according to the
plat thereof, as recorded in Plat Book 47, at Page 107, of the Public Records of
Miami —Dade County, Florida; thence N88'17'02"E, along the South line of said Tract 2
of said Plat of "ALLENS SUBDIVISION", for a distance of 170.69 feet; thence
N0121'13"W for a distance of 411.65 feet; thence N71'49'58"W for a distance of
342.58 feet to a point on the Westerly line of said Tract 3, of said Plat of "ALLENS ;
SUBDIVISION — FIRST ADDITION"; thence S0121'13"E, along the last described line for a
distance of 144.39 feet to the Southwest Corner of said Tract 3; the next described
three (3) courses and distances being along the Southerly, Southwesterly and Westerly
lines of said Tract 3: 1) thence S71'49'58"E for a distance of 108.50 feet to a point
of curvature of a circular curve to the right, concave to the Southwest; 2) thence
Southeasterly and Southerly along the arc of said curve, having for its elements a
radius of 75.00 feet, through a central angle of 70'28'41" for an arc distance of
92.26 feet to a point of tangency, 3) thence S0121'13"E for a distance of 215.87
feet; thence continue S0121'13", along the Westerly line of said Tract 2, of said Plat
of "ALLENS SUBDIVISION", for a distance of 60.00 feet to the POINT OF BEGINNING.
All of the above described lands lying and being in the City of Miami, Miami —Dade
County, Florida and containing 98,010 Square Feet or 2.25 Acres more or less.
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EXHIBIT B
LEGAL DESCRIPTION:
ORIGINAL PARCEL B:
Tracts 1 and 2, "ALLENS SUBDIVISION", according to the plat thereof, as recorded in Plat
Book 60, at Page 56, of the Public Records of Miami —Dade County, Florida. said land lyng
in and being in the City of Miami, Florida, AND Tract 3, "ALLENS SUBDIVISION — FIRST
ADDITION", according to the plat thereof, as recorded in Plat Book 73, at Page 37, of the
Public Records of Miami —Dade County, Florida. said lands lying in and being in the City of
Miami, Florida.
LESS THE FOLLOWING DESCRIBED PARCEL:
ORIGINAL PARCEL A:
A Portion of Tract 2, "ALLENS SUBDIVISION", according to the plat thereof, as
recorded in Plat Book 60, at Page 56, of the Public Records of Miami —Dade County,
Florida, said land lying in and being in the City of Miami, Florida; and Portion of Tract
' 3, "ALLENS SUBDIVISION — FIRST ADDITION", according to the plat thereof, as recorded
in Plat Book 73, at Page 37, of the Public Records of Miami —Dade County, Florida,
said lands lying in and being in the City of Miami, Florida, being more particularly
described as follows:
Begin at the Northwest corner of Lot 8, Block 1, of "DEL RIO PARK", according to the
plat thereof, as recorded in Plat Book 47. at Page 107, of the Public Records of
Miami —Dade County, Florida; thence N8817'02"E, along the South line of said Tract 2
of said Plat of "ALLENS SUBDIVISION", for a distance of 170.69 feet; thence
N01'21'13"W for a distonce of 411.65 feet; thence N71'49'58"W for a distance of
342.58 feet to a point on the Westerly line of said Tract 3, of said Plat of "ALLENS
SUBDIVISION — FIRST ADDITION"; thence S01'21'13"E, along the last described line for a
distance of 144.39 feet to the Southwest Corner of said Tract 3; the next described
three (3) courses and distances being along the Southerly, Southwesterly and Westerly
lines of said Tract 3: 1) thence S71'49'58"E for a distance of 108.50 feet to a point
of curvature of a circular curve to the right, concave to the Southwest; 2) thence
Southeasterly and Southerly along the arc of said curve, having for its elements a
radius of 75.00 feet, through a central angle of 70'28'41" for an arc distance of
92.26 feet to a point of tangency; 3) thence SO1'21'13"E for a distance of 215.87
feet; thence continue S01'21'13", along the Westerly line of said Tract 2, of said Plat
of "ALLENS SUBDIVISION", for a distance of 60.00 feet to the POINT OF BEGINNING.
All of the above described lands lying and being in the City of Miami, Miami —Dade
County, Florida and containing 313.090 Square Feet or 7.19 Acres more or less.
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