HomeMy WebLinkAboutPZAB (8836) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-21-020
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 8836 Final Action Date: 4/21/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
(PZAB), WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL BY THE
REQUIRED SUPERMAJORITY VOTE TO THE MIAMI CITY COMMISSION
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, (MIAMI 21 CODE) AS
AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN
CENTER ZONE - TO "T6-8-O" — URBAN CORE -OPEN FOR THE PARCEL
GENERALLY LOCATED AT 7421 NORTHWEST MIAMI PLACE; AND FROM "D1"
WORK PLACE DISTRICT TO "T6-8-O" URBAN CORE -OPEN FOR THE PROPERTIES
GENERALLY LOCATED AT 60 AND 70 NORTHWEST 73 STREET; 7320, 7324, 7328,
7338, 7400, AND 7406 NORTHWEST MIAMI COURT; 7301, 7395 AND 7401
NORTHWEST MIAMI PLACE, MIAMI, FLORIDA AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT A; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, LBRW, LLC (the "Applicant"), requests to change the zoning designation of
the properties located at approximately 60 Northwest 73 Street; 70 Northwest 73 Street; 7301
Northwest Miami Place; 7320 Northwest Miami Court; 7324 Northwest Miami Court; 7328
Northwest Miami Court; 7338 Northwest Miami Court; 7395 Northwest Miami Place; 7400
Northwest Miami Court; 7401 Northwest Miami Place; 7406 Northwest Miami Court; 7421
Northwest Miami Place, Miami, FL (the "Property") from T5-R "Urban Center Zone" and D1
"Work Place District Zone" to T6-8-O "Urban Core Zone" -Open; and
WHEREAS, the Property is a site of approximately 153,904 square feet (3.535 acres)
located within the Little Haiti NET District and is bounded by Northwest 75 Street to the north,
Northwest Miami Court. to the east, the Florida East Coast ("FEC") Railway to the south, and
Northwest Miami Place to west; and
WHEREAS, these zoning designations were adopted for these properties with the
adoption of the Zoning Ordinance No. 13114, ("Miami 21"), effective in May 2010; and
WHEREAS, the Property consists of twelve (12) parcels, of which eleven (11) are zoned
D1 "Work Place District Zone" and one (1) parcel that is zoned T5-R "Urban Center Zone"; and
WHEREAS, the average year of built/construction for all the existing buildings on the
Property is 1949; and
WHEREAS, starting with the former Zoning Code, Ordinance No. 11000, that was
adopted March 8, 1990, and moving forward with the current zoning code, which was updated
through Ordinance 13114 ("Miami 21 Code") effective in May 2010), the underlying zoning
designations for the Property has not changed; and
City of Miami Page 1 of 4 File ID: 8836 (Revision: A) Printed On: 5/28/2021
WHEREAS, the Applicant has a companion Future Land Use application (ePlan File ID
PZ-20-5997) and seeks to amend the City's Miami Comprehensive Neighborhood Plan's Future
Land Use (FLU) Map for the Property from Medium Density Multifamily Residential and Light
Industrial to General Commercial; and
WHEREAS, the Planning Department tested the Levels of Service (LOS) for Schools,
Recreation and Open Space, Potable Water, Sanitary Sewer Transmission, Solid Waste
Collection, and Transportation, as required for this application and either the criterion were
satisfied or will be addressed at the time of approval of the final plat, site plan or functional
equivalent; and
WHEREAS, the Applicant's proposed Rezone from T5-R "Urban Center Zone" and D1
"Work Place District Zone" to T6-8-O "Urban Core Zone" will allow more commercially intensive
uses; and
WHEREAS, the T5-R "Urban Center Zone" Transect was primarily designed for creating
cohesive residential communities with limited, disruptive commercial uses, such as a Bed and
Breakfast, Civic, and Civic Support uses through an entitlement process; and
WHEREAS, the D1 "Work Place District Zone" is specifically designated for industrial
uses, such as storage/distribution facilities and manufacturing/processing operations; and
WHEREAS, the existing base residential for the Property is 137 dwelling units and the
rezone to T6-8-O "Urban Core Zone" increases the residential density to 531 dwelling units, an
increase of 394 dwelling units; and
WHEREAS, per Article 7, Section 7.1.2.8.a.3 of Miami 21, the Applicant's request to
change the zoning designation from T5-R "Urban Center Zone" and D1 "Work Place District
Zone" parcels to T6-8-O "Urban Core Zone" complies with Miami 21's requirement for a
successional Rezone; and
WHEREAS Miami 21's criteria of a successional rezone, includes a directive that the
Planning Department shall make a recommendation as to which Transect Zone will yield the
most coherent pattern given the established zoning pattern and context in the immediate
vicinity; and
WHEREAS, the request to rezone the Property is not consistent with the rezoning
criteria outlined in Section 7.1.2.8.f.1.b as the Applicant does not provide any evidence for the
justification for the proposed change; and
WHEREAS, the proposed Rezone from T5-R "Urban Center Zone" and D1 "Work Place
District Zone" to T6-8-O "Urban Core Zone" disrupts the longstanding, coherent pattern of
established medium density residential neighborhoods and the economically important rail -
dependent industrial uses aligned to the active Florida East Coast Railway, as stipulated by the
rezoning criteria in Article 7, Section 7.1.2.8.f.2; and
WHEREAS, this request to Rezone the Property conflicts with Miami 21's intent of
preserving established neighborhoods, which makes the request inconsistent with the rezoning
criteria of Section 7.1.2.8.f.2; and
City of Miami Page 2 of 4 File ID: 8836 (Revision: A) Printed On: 5/28/2021
WHEREAS, the proposed Rezone is not appropriate considering the intent of the Miami
21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, this proposed rezoning is centered around the increase in residential
density from D1 "Work Place District Zone" (36 DU/ac) and T5-R "Urban Center Zone" (65
DU/ac) dwelling units to T6-8-O "Urban Core Zone" (150 DU/ac) and the residential intensity
increase by this proposed T6-8-O "Urban Core Zone" is not supported based on the
longstanding, medium density residential and industrial development patterns within this
neighborhood; and
WHEREAS, per the succession table, in Article 7, 7.1.28, The Planning Department shall
make a recommendation as to which Transect Zone will yield the most coherent pattern given
the established zoning pattern and context in the immediate vicinity, staff recommends the T5-R
"Urban Center Zone" rather than T6-8-O "Urban Core Zone" as proposed by the Applicant,
based on the neighborhood context; and
WHEREAS, the Planning Department recommends T5-O "Urban Center Zone" - Open
over the T5-R "Urban Center Zone - Restricted", as the T5-O "Urban Center Zone" - Open
maintains similar density and a variety of uses on this block and that is complementary to the
proximity to D1 "Work Place District Zone" Transect; and
WHEREAS, Planning, Zoning and Appeals Board (PZAB) has considered the goals,
objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other
City regulations; and
WHEREAS, the 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, during the PZAB public hearing on April 21, 2021, 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 four (4) members voted against the motion,
thereby failing to receive the required supermajority vote to recommend approval; and
WHEREAS, Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City
Code, provide that no action to recommend a rezoning shall be taken without the concurring
votes of a supermajority of board members present with said supermajority consisting of one
more member than a simple majority; and
WHEREAS, the PZAB, failed to obtain a supermajority vote, and therefore failed to find
that that the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
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") does not recommend
approval by the required supermajority vote that the City Commission amend the Zoning Atlas
City of Miami Page 3 of 4 File ID: 8836 (Revision: A) Printed On: 5/28/2021
of Ordinance No. 13114, (Miami 21) as amended, by changing the zoning classification from
"T5-R" Urban Center -Restricted to "T6-8-O" — Urban Core -Open for the parcel generally
located at 7421 Northwest Miami Place ; and from "D1" Work Place District to "T6-8-O " Urban
Core -Open" for the parcels generally located at 60 Northwest 73 Street; 70 Northwest 73
Street; 7301 Northwest Miami Place; 7320 Northwest Miami Court; 7324 Northwest Miami
Court; 7328 Northwest Miami Court; 7338 Northwest Miami Court; 7395 Northwest Miami Place;
7400 Northwest Miami Court; 7401 Northwest Miami Place; 7406 Northwest Miami Court, as
described in Exhibit A, attached and incorporated.
Section 3. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
aect�� Po s Al P, Director, e
nent o Manning 5/17/2021
City of Miami Page 4 of 4 File ID: 8836 (Revision: A) Printed On: 5/28/2021
SKETCH AND LEGAL DESCRIPTION
ZONE T5-R, URBAN CENTER TRANSECT
THIS IS NOT A SURVEY
EXHIBIT "A"
L=39.20
R= 2 5.00'
T=24.99
A=089°58'41"
CH=35.35'
25.00'
25.00' -®
NW 75nd STREET
Lfi
(J
74.33'
0
0
L'3
(V
LOT - 2
BLOCK - 5
SURVEYORS CERTIFICATION:
LOT- I
BLOCK - 5
ZONE T5-R
99.48'
LOT - 3
BLOCK - 5
M
ABBREVIATIONS:
L = ARC LENGTH
R = RADIUS
A - CliNTRAL ANGLE.
= CENTER LINE
S0. FT = SQUARE FEET
LB. -LICENSED 3USINSS
P.13=11 AI E00K
PG=RAG'.`
LEGAL DESCRIPTION:
LOTS AND 2, IN BLOCK 5, 0-
J -, Q RESUBDIVISION OF TRACT 5 OF
a - z ,T STURGEON HEGHTS ACRES,
U.
Q • m N Iz (3 ACCORDING TO THE PLAT THEREOF
Z ' ,Z CV 1_ AS RECORDED 'N PLAT BOOK 42,
0 0 AT PAGE 74, OF THE PUBLIC
en o rfl RECORDS OF MIAMI-DADE COUNTY,
▪ J FLORIDA.
/ z CONTAINING AN AREA ± 13,573
50. FT.
LOT - 3
BLOCK - 2
HILLSIDE TERR (N.A.P.)
(P.B. 7 PG. 14)
I HEREBY CERTIFY: -h1S "SKETCH AND LEGA- JESCP3 IOIN OF -FIE PROPERTY DESCR BED H=REON, HAS
RECENCY r3EEN SURVEYED AND DRAWN JNDEK IVY SIJ1ERVI5,0\, AND COMPLIES IVIT0 - STANDANDS
ON PRACTICE A5 5E- FORTH EY TIE FLORIDA 50ARD OF PROFFSS.ONAL 01ND 5LRVEY0R5 IN CHAPTER.
5J-17, FLQRICA ADMINISTRATIVE CODE PJRSUANT TO 472.027, FLORIDA STATL-ES.
BY.
Digitally signed byJohn A Ibarra
Date: 2020.02.18 18:01:18 -05'00'
Adobe Acrobat version:
2020.006.20034
01/16/2020
JOHN IBARRA
(DATE OF FIELD WORK;
PROFESSIONAL LAND SURVEYOR NO.: 5204 STATE OF FLORIDA,
(NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL KA'SED SEAL OF A FIORD?. LICENSED SURVEYOR
AND MAPPER).
REVISED ON:
GPAPI-IIC SCALE
-40 0 20 40
(IN FEET)
I INCH = 40 FEET
DRAWN BY:
TB
DATE:
01/16/2020
SCALE:
SURVEY NO:
SHEET:
1"=40'
20-000150-1
1 OF 2
JOHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
W W W.IBARRALANDSURVEYORS.COM
777 N.W. 72rnd AVENUE
SUITE 3025
MIAMI, FLORIDA33126
PH: (305) 262-0400
FAX: (305) 262-0401
4851 TAMIAMI TRAIL NORTH
SUITE # 200
NAPLES, FL 34103
PH: (239) 540-2660
FAX: (239) 540-2664
L.B.# 7806 SEAL
Digitally signed by John A
Ibarra
Date: 2020.02.18 18:01:41
-05'00'
Adobe Acrobat version:.
EAL
2�?B.78
ABBREVIATIONS:
L = ARC LENGTh
R = RADIUS
A = CENTRAL ANGLE
= CENTER LINE
50. FT = SQUARE' FEET
L6.=LICEN5ED BUSINESS
P.B='LAT BOOK
PG=PAGE
AND
TRACT A , OF STURGCON FI IGHTS ACRC5 CC
ACCORDING TO THE 'LATTHEREOF A.5 RECORDED
IN PLAT BOOK 43, AT PAGE 24, Oi Ti IE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
SKETCH AND LEGAL DESCRIPTION
ZONE 131, DISTRICT ZONE WORK PLACE
THIS IS NOT A SURVEY
EXHIBIT "A"
25.00'
LEGAL DESCRIPTION:
LOTS 3, 4 AND 5, IN BLOCK 5, 0" RESUBDIVIS ON
OF TRACT 5 Of STURGEON HEIGHTS ACRES,
ACCORDING TO THE FLATTHEREO` AS RECORDED
IN PLAT BOCK 42, AT PAGE 74, OF Ti1E PUBLICUJ
RECORDS OF MIAMI-DADS COUNTY, FLORIDA. iJ
AND
TRACT A , CF DAN GOLDMAN SUBDIVISION
ACCORDING TO THE FLATTHEK5C` A5 RECC2DED
15 PLAT 500K G3, AT PAGE 43, OF TOE PUBLIC
RECORDS OF ? IIAMI-DADE COUNY. F_ORIDA.
AND
LOT I , OF JEN SUBDIVISION ACCORDING TO -HE
P AT THEREOF A5 RECORDED IN 'LAT 0000 63, AT
PAGE 87, OF THE PUBLIC RECORDS CF
MIAMI-DADE COUNTY. FLORIDA.
AND
LOT 4 TH5U I I , Cr HILLSIDE TERRACE.
ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOCK 7, AT PAGE 14. OF THE PUBLIC 25.00'
RECORDS 35 MIAMI-DADE COUNTY, P_O07A..
CONTAINING AN AREA ± 140,33 150, FT.
coi
LOT - 2
P13.03 - PG.87
NW 73rd
STREET
125.69'
LOT -
(P.B G3 - PG. 87)
z
V1
"99.,48'
LOC-3
BLOCK - 5
(P.5 42 - PG. 72)
LOT - 4
BLOCK - 5
(P.B 42 - PG. 74)
LO--5
BLOC'. - 5
(5.E, 42 - PG. 74)
25.00'
1
L
LOT - 4
BLOCK - 2
(P.5 7 - PG. 14)
LOT - 5
BLOCK - 2
(P.B 7 - PG. 14)
LOT -
BLOCK, - 2
(P.B 7 - PG. 1 4)
ZONED 1
TRACT - A
(P.5 43 - PG. 24)
L=39.201
R=25.00'
T= 24.93
A=089'49'45"
CH=35.30'
TRACT A
(P.B 73 - PG. 43)
ZONED 1
1-
L
1
250.50'
6RAF11/C SCALE
-80 0 40 80
(IN FEET)
1 INCH = 80 FEET
1-
LOT - 7
BLOCK - 2
(P. i = - PG. 14)
LOT -
BLOCK - 2
(P.B 7 - PG. 14)
LOT -0
BOCK - 2
(P.B 7 - PG. 1 4)
LOT - 10
BLOCK - 2
(P.B 7 - PG. 14)
_OT - 1 I
BLOCK - 2
(P.6 7 - PG. 14)
NW MIAMI COURT
25.00'
165.90'
LOT - 12
BLOCK - 2
(P.57- PG. I4)
SURVEYOR'S CERTIFICATION:
I HERE3Y CERT FY: REIIS'SKETCH AND _FOAL DESCRIPTION OF THE PROPERTY DE-CBE:ED HEREON, HAS RE(.EN i"
BEEF. SURARYED AHD DRAWIN 1KDEP IVY SJ'ERVISION. AN-' ;:CIRRI B5 WITH THE STANDARDS OF PRALI ICE AS
® s'_T EA R.Trt 3Y -HE FLORIDA BOARD OF PROFESSIONAL LAND SU RVE:ORS 'N CH AP75K 5 Y 17, FLORIDA
ADMINISTRATIVE CODE P7RSUANT -0 4'72.027. F CRIDA STATUES.
Digitally signed by John A Ibarre
Date: 2020.02.1 B 18:04:08-05'00'
Adobe Acrobat version:
2020.006.20034 01/16/2020
JOHN IBARRA (RATE o= FIE_D .A/CREJ
BY::
FR05) "01,AL LAND SLRVYOR NOR 5204 SATE OF FLORIDA
(AO- VALID MTHOJD THE SIGVATLRE AND THE ORIGINAL RASED SEAL OF A FLORIDA LICENSED SURVEYOR,AND
MAPPER!
DRAWN BY:
TB
DATE:
01/16/2020
SCALE:
1"=100'
SURVEY NO:
SHEET:
20-000150-1
1 OF 1
JOHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
W W W.IBARRALANDSURVEYORS.COM
777 N.W. 72rnd AVENUE
SUITE 3025
MIAMI, FLORIDA33126
PH: (305) 262-0400
FAX: (305) 262-0401
4851 TAMIAMI TRAIL NORTH
SUITE # 200
NAPLES, FL 34103
PH: (239) 540-2660
FAX: (239) 540-2664
L.B.# 7806 SEAL
Digitally signed by John A
Ibarra
Date: 2020.02.18 18:04:28
-05'00'
Adobe Acrobat version.:
EAL
2j]2t10.s