The URL can be used to link to this page

Home My WebLink AboutPZAB (8660) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-21-015 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 8660 Final Action Date: 4/7/2021 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, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O", URBAN CENTER TRANSECT — OPEN, TO "T6-8-O", URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 1020 NORTHWEST 7 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 1020 Northwest 7 Avenue, Miami, Florida, as more particularly described in "Exhibit A", attached and incorporated, ("Property") is currently zoned "T5-O", Urban Center Transect Zone; and WHEREAS, Highland Park 1020, LLC (the "Applicant") submitted a request to change the zoning classification from "T5-O", Urban Center Transect Zone — Open, to "T6-8-O", Urban Core Transect Zone — Open pursuant to Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"); and WHEREAS, on November 21, 1996, a covenant dated November 6, 1996 was recorded in Official Records Book 17435, Page 3595 of the public records of Miami -Dade County, Florida; and WHEREAS, the covenant recorded is for an Extended Low -Income Housing Agreement with the Florida Housing Finance Agency (a state agency) and Central City Apartments, LTD (the owner at the time) for the provision of Low- and Very -Low Income Housing in perpetuity; and WHEREAS, the covenant was first amended on September 29, 1998 to eliminate the provision of laundry hookups in each residential unit under Section 2(e)(2) of the original covenant; and WHEREAS, the covenant was amended a second time on February 9, 2004, to change the financial incentives available for tenants wishing to move into ownership under Section 2(f) of the original covenant; and WHEREAS, the covenant was amended a third time on July 11, 2008, to eliminate the provision of counseling, job training, and tenant activities and to add the provision of tutorial initiatives under Section 2(f) of the original and previously amended covenant; and City of Miami Page 1 of 3 File ID: 8660 (Revision:) Printed On: 5/19/2021 WHEREAS, none of the amendments to the covenant altered the number of residential units, qualifying income levels, or lifespan of the covenant running with the land; and WHEREAS, the Property is a single parcel of land spanning approximately 1.18 acres; and WHEREAS, the Property was previously zoned R-3, or Multifamily Medium Density Residential, under the 11000 Zoning Code, which preceded the Miami 21 Code; and WHEREAS, the R-3 zoning designation is comparable to the Miami 21 Code's T5-O Zoning Transect, which is the current zoning of the Property; and WHEREAS, the block immediately west of the Property was previously zoned R-3 and C-1 under the 11000 Zoning Code and was zoned to T6-8-O upon adoption of the Miami 21 Code; and WHEREAS, the proposed T6-8-O Transect Zone is consistent with the Property's Future Land Use Designation of Restricted Commercial, therefore a companion Comprehensive Plan Amendment is not required; and WHEREAS, T6-8-O is found to the north and west of the Property, T5-O is found partially to the south of the Property, and T5-R is found to the east and remaining portion of the south of the Property; and WHEREAS, the Property is abutting the Culmer Metrorail Station to the south; and WHEREAS, the Property is located in a Transit Oriented Development ("TOD") Area; and WHEREAS, the T5-O and T6-8-O are similar in permitted Uses, whether by right or via an entitlement; and WHEREAS, this proposed rezoning application increases in residential density from T5- 0 (65 dwelling units per acre) to T6-8-0 (150 dwelling units per acre); and WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code provide that a change to the Miami 21 Atlas may be made only to the next Transect Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from T5-0 to T6-8-0 is successional; and WHEREAS, the residential intensity increased by the proposed T6-8-0, which is in close proximity to a transit station, is supported by the Objective TR-2.7 of the Miami Comprehensive Neighborhood Plan; and WHEREAS, recent changes have been made to Transect boundaries in the area in which all T6-8-L Transect Zones north of the Culmer Metrorail Station and south of State Road 836 were rezoned to T6-8-0 in 2020 under Ordinance No. 13924; and City of Miami Page 2 of 3 File ID: 8660 (Revision:) Printed On: 5/19/2021 WHEREAS, the Planning Department recommends approval for the request to change the zoning designation of the Property from "T5-O", Urban Center Transect Zone — Open, to "T6-8-O", Urban Core Transect Zone — Open, as the application meets the criteria as set forth in Article 7, Section 7.1.2.8 of the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("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 has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, PZAB recommends approval of the request to change the zoning designation for the Property from "T5-O", Urban Center Transect Zone — Open, to "T6-8-O" Urban Core Transect Zone — Open; 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 PZAB recommends that the City Commission approve an Ordinance amending the Zoning Atlas of the Miami 21 Code, by changing the zoning classification from "T5-O", Urban Center Transect Zone — Open, to "T6-8-O" Urban Core Transect Zone — Open, for the Property generally located at 1020 Northwest 7 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: 'P` I , re tor, k 1 . Pc sAIGP, Director, a meet of tanning 50812021 City of Miami Page 3 of 3 File ID: 8660 (Revision:) Printed On: 5/19/2021 PUBLic Delta Mapping & Surveying, Inc EXHIBIT "A" SKETCH & LEGAL DESCRIPTION 1020 NW 7 AVE LEGAL DESCRIPTION: NOTICE This submittal needs to be scheduled fora pubic hearing In aczordancc whh bmellnes set forth in the City of Miami Code. The applicade decision -malting body NOR resiew the information at the public hearing to render a recommended on or a final decision. PZ-20-7751 02/03/21 44, QN' Rtb! Ew CO LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9 AND 10, INCLUSIVE, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LESS THE FOLLOWING AREA FOR RIGHT OF WAY: BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 87 DEGREES 52 MINUTES 53 SECONDS WEST, ALONG THE NORTH LINE OF BLOCK 1, FOR 10.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS EAST, ALONG A LINE PARALLEL TO AND 35 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 22.55 FEET; THENCE SOUTH 22 DEGREES 38 MINUTES 42 SECONDS WEST FOR 3.59 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 52 SECONDS EAST, ALONG A LINE PARALLEL TO AND 36.5 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 179.37 FEET, TO A POINT ON A CURVE, CONCAVE TO THE NORTHWEST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 56 MINUTES 40 SECONDS; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.25 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 48 SECONDS EAST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 36.48 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 52 SECONDS WEST, ALONG A LINE PARALLEL TO AND 25 FEET WEST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.16 FEET TO THE POINT OF BEGINNING. AND LESS THE FOLLOWING AREA FOR RIGHT OF WAY: BEGIN AT THE NORTHWEST CORNER OF LOT 5, BLOCK 1, MAP OF SPRING GARDEN SUBDIVISIONS NO. 1 AND NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 52 MINUTES 53 SECONDS EAST, ALONG THE NORTH LINE OF BLOCK 1, FOR 5.00 FEET; THENCE SOUTH 02 DEGREES 01 MINUTES 45 SECONDS EAST, ALONG A LINE PARALLEL TO AND 25 FEET EAST OF THE CENTERLINE OF N.W. 7TH COURT, FOR 205.00 FEET; TO A POINT ON A CURVE, CONCAVE TO THE NORTHEAST, HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90 DEGREES 03 MINUTES 28 SECONDS; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.30 FEET; THENCE SOUTH 87 DEGREES 54 MINUTES 48 SECONDS WEST, ALONG THE SOUTH LINE OF BLOCK 1, FOR 30.03 FEET; THENCE NORTH 02 DEGREES 01 MINUTES 45 SECONDS WEST, ALONG A LINE PARALLEL TO AND 20 FEET EAST OF THE CENTERLINE OF N.W. 7TH AVENUE, FOR 230.03 FEET TO THE POINT OF BEGINNING. NOTES: 1. THIS IS NOT A BOUNDARY SURVEY, BUT IS A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. 2.NO MONUMENTATION WAS SET DURING THE PREPARATION OF THIS INSTRUMENT. 3.THE UNDERSIGNED & DELTA MAPPING AND SURVEYING, INC. MAKE NO REPRESENTATION OR GUARANTEES AS TO THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS -OF -WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY AND/OR EASEMENTS RECORD. 4.NOT VALID WITHOUT THE SIGNATURE AND STAMPED SEAL OF A FLORIDA LICENSED SURVEYOR & MAPPER. 5.DIGITALLY SIGNED PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. 6.THIS ITEM HAS BEEN ELECTRONICALLY SIGNED & SEALED BY WALDO F. PAEZ, LS3284 ON 08/03/2020 USING A DIGITAL SIGNATURE CERTIFIED BY IDENTRUST.THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY WALDO F. PAEZ, LS3284, ON 08/03/2020 REVISIONS: DATE: IIIIIIIIII1111UIi4, $IaP O O I FIC • <` ":3;, i* No 3284 :* STATE O F s •:�-OR(pP,: �h!/O.L SURVele% DELTA MAPPING & SURVEYING, Inc LAND SURVEYORS• LAND PLANNERS 13301 S.W 132 Avenue, Suite 117 Miami, Florida 33186 L.B. No. 7950 PHONE: (786) 429-1024 FAX: (786) 592-1152 deltamapping@gmail.com Waldo F Paez Digitally signed by Waldo F Paez DN: c=US, o=Delta Mapping and Surveying Inc, ou=A01410C0000016DD4F2980A 000033CB, cn=Waldo F Paez Date: 2020.08.03 11:21:28-04'00' WALDO F PAEZ P.S.M No. 3284 DATED. 08/03/2020 JOB NO.: 20-0282 FB/PG: N/A DRAWN BY: M.G. CKD. BY: W.F.P. SHEET NO.: 1 OF 2 PUSi. �C Delta Mapping & Surveying, Inc EXHIBIT "A" SKETCH & LEGAL DESCRIPTION 1020 NW 7 AVE II I I I I POINT IOF BEGINNING 1�1W C0 NR, J LOT 5 —1 ml —25.00 WEStur,E, BLOCK1 PE g Pl. 5, PG. 38 I—I5+ 1 �. 1-20 20 _J LOT26 LOT25 LOT22 LOT21 MIAMM11=TRANSIT FOLIO?D{ oo80OBoo22 I I II I L=139.37', R=340.50' — — d T3�70.67 ARE 11�H REE� — I - W. _ I — 1— N87° 2' 53"E 5.00; I N. —I 1 I� II -1- 1�� 1 1 r rt -J ys--J--1—L— _i___ ^No —I-- 1,1 /—r VACATED PER NEW N.W. IITH STREET ALIGNMENT S87' 52' 53"W 226.84' N87° 52 5 ' E 234.34' M 234.30 LOT20 CONSTRULICTION AND P. G.L. PER [ULMER STATION CIVIL PIM!PN. 6-22 DATED 1-2- LOT 18 I PROPOSED RIGHT-OF-WAY LINE PER ATD155HE 20R In I 01.9 IL RIGHT-OF-WAY TO BE DE DEDICA I D I2J 1 O N S87° 54' i4"W 30.03' 1- O In O O S2° 01' 5211E S22° 38' 42"W ARE TO PROPOSED R11GHT—OF—WAY = 51,618± SQ.FT. L=39.3V R=25.00' d=90°03I'28" T= 25.03 TO BE DEICATED n O 0 1- 0 -- — — 4 0 Q- CL NOTICE This submittal needs to be scheduled fora pubic hearing In accordance whh bmellnes set forth in the City of Miami Code. The applica Lie decision -malting body will resew the information at the pu biic hearing to render a recommended on or a final decision. 44, QN' R4-b! Ew CO PZ-20-7751 02/03/21 \ /I j Ij - - J P01 T OF BEGINNING' — ORNER, LOT 1 NORTH LINE, BLOCK 1 PER P.B. 5, PG. 38 0 22.55' 3.59 N 0 0 0 O TO BE DEDICI,TED L=39.25', R=25.00' d— 9°56'40" 1= 24.98 175.35' N87' 54' 4811E 234.35114) 234.30'(P) SO°52' 53"W 20'- 25' 27.5'-I D•- �I 35' I11I ZONEDR)0Hp0E-WAY LINE IPERATLA SFF,,�E""ET2012 1 7� EPERPLB 9. PI1381 I I PERF.D{5E010q(�o.5. DISTRICTVI WAY LINE g o II FILE 99e03 jj803 SHEET 3 I I II 5• 1 5 11 '36.5' I I PROPOSED RAIHT-OF-WAY LINE PERATLAS SH1ET 2012 Q. I� _RIGHT-OF-WAY 0 TO BE rn N I I DEDICATED of `;4.1 ti ¢5R M 1 z a G W o` w N Rg N 3 Q .... ui OTN o IL N.Q VI .1 e.4 1 �H.. 7,1 O ▪ I I h I I I I / 10.00' SOUTH LINE BLOCK 1 N87"54'48••E 286.85• PER P.E.5, PG. 38 N.W. 10TH STREET it 't I I II N87° 548"E 36.48' 3� 04 DENOTES RIGHT-OF-WAY TO BE DEDICATED N LEGEN D P.B. = PLAT BOOK PG. = PAGE DELTA MAPPING & SURVEYING, Inc LAND SURVEYORS• LAND PLANNERS 13301 S.W 132 Avenue, Suite 117 Miami, Florida 33186 L.B. No. 7950 PHONE: (786) 429-1024 FAX: (786) 592-1152 deltamapping@gmail.com GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 TNC T-T = 50 FEET JOB NO.: 20-0282 FB/PG: N/A DRAWN BY: M.G. CKD. BY: W.F.P. SHEET NO.: 2 OF 2