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Home My WebLink AboutPZAB (8902) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-21-024 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 8902 Final Action Date: 5/5/2021 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 OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, ("MIAMI 21 CODE"), AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" — SUB -URBAN TRANSECT ZONE — OPEN TO "T4-L" GENERAL URBAN TRANSECT ZONE —LIMITED, FOR THE PROPERTY LOCATED AT 3231 SOUTHWEST 23 TERRACE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 3231 Southwest 23 Terrace (the "Property"), Miami, Florida is currently zoned "T3-O" Sub -Urban Transect Zone — Open; and WHEREAS, the Property is owned by Rosa Maria Carreras (the "Applicant"); and WHEREAS, the Applicant has submitted a request to change the zoning classification "T3-O" Sub -Urban Center Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited; and WHEREAS, the Property is approximately 0.15 ± acres in size; and WHEREAS, on October 22, 2009, the Miami City Commission, per Ordinance 13114, adopted the Zoning Ordinance of the City of Miami, known as the Miami 21 Code, changing the zoning of the Property from "R-2" — Two -Family Residential to "T3-0" — Sub -Urban Transect Zone; and WHEREAS, the proposed "T4-L" Transect Zone is inconsistent with the property's Duplex Residential Future Land Use ("FLU") designation, and a Future Land Use Map ("FLUM") amendment is required for the requested re -zone; and WHEREAS, the Applicant has submitted a request for a FLUM amendment, companion item PZ-20-7970, from Duplex Residential to Low Density Restricted Commercial; and WHEREAS, zoning designations are found to be: "T4-L" to the north; "T3-O" to the south; "T4-L" to the east; and "T3-O" to the west of the Property; and City of Miami Page 1 of 3 File ID: 8902 (Revision:) Printed On: 6/8/2021 WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from "T3-O" to "T4-L" is successional; however, deemed the request inappropriate in light of the intent of the Miami 21 Code; and WHEREAS, a review of the former Zoning Ordinance 11000 shows that the Property was designated "R-2" Two -Family Zoning District, the equivalent of the Miami 21 "T3-O" Transect Zone (18 DU/AC); and WHEREAS, the proposed rezoning of the Property from "T3-O" to "T4-L" increases residential density from 18 dwelling units per acre to 36 dwelling units per acre and increases the maximum number of stories from two to three By Right; and WHEREAS, the residential intensity increased by the proposed "T4-L" General Urban Transect Zone is not supported based on the historic development patterns within this neighborhood which are one and two-family residential structures only; and WHEREAS, the proposed rezoning of the Property from "T3-O" to "T4-L" introduces several new uses including but not limited to Bed & Breakfasts, Offices, and General Commercial By -Right; and WHEREAS, the proposed rezoning of the Property from "T3-O" to "T4-L" is seen as an encroachment of increased Density, Intensity, and commercial activity further into an established residential neighborhood; and WHEREAS, the Planning Department recommends denial for the request to change the zoning from "T3-O" Sub -Urban Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited , as the application does not meet the criteria as set forth in Article 7, Section 7.1.2.8 of Miami 21 Code, as amended; and WHEREAS, 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 propose 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, the proposed zoning change of the Property from "T3-O" Sub -Urban Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited is deemed inappropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the proposed zoning change of the Property from "T3-O" Sub -Urban Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in Density, Intensity, and building Height; and City of Miami Page 2 of 3 File ID: 8902 (Revision:) Printed On: 6/8/2021 WHEREAS, pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, 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 (1) more member than a simple majority; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the zoning change was made, wherein five (5) PZAB members voted in favor and three (3) PZAB members voted against, thereby failing to receive the required six (6) supermajority votes to recommend approval of the amendment to the Miami 21 Zoning Atlas, to change zoning of the Property from "T3-O" Sub -Urban Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited as hereinafter set forth; 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 failing to obtain the required supermajority vote, that the City Commission approve amending the Zoning Atlas of Ordinance No. 13114, ("Miami 21 Code") as amended, by changing the zoning classification from "T3-O" Sub -Urban Transect Zone — Open to "T4-L" General Urban Transect Zone — Limited for the Property located at 3231 Southwest 23 Terrace, Miami, Florida, 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: Pons AlP, Director, eiartment of lanning 511712021 City of Miami Page 3 of 3 File ID: 8902 (Revision:) Printed On: 6/8/2021 EXHIBIT A S.W. 23rd STREET 7 5 33 34 6 35 5 4 3 2 37 38 39 40 0 S.W. 23rd TERRACE 32nd AVENUE MAP OF BOUNDARY SURVEY REPORT Property address: 3231 S.W. 23rd Terrace City of Miami, Miami -Dade County, Florida Zip Code: 33145 Folio # 01-4116-009-4030 In accordance hrnalines set forth In. Chearing Ior AMeml Code The app.°. oleclalon-ma Xing hotly. recommendaton or a final 1tl PZ-20-7972 03/02/21 LOCATION SKETCH NOT TO SCALE SURVEYOR'S REPORT: 1. MAP OF BOUNDARY SURVEY, Fieldwork date of data acquisition: June 17th, 2020. 2. LEGAL DESCRIPTION: Lot 36, Less the South 10 feet for right—of—way purposes, Block 9, of AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plot thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida. 3. AREA: Containing 6,655 Square Feet or 0.15 Acres more or less by calculations. 4. ACCURACY: The accuracy obtained by measurement and calculations of a closed geometric figure was found to exceed this requirement. Linear 1 foot in 7,500 feet. 5. DATA OF SOURCES: HORIZONTAL CONTROL: — North Arrow and Bearings refer to an assumed value of N87°54'10"E, along the Southerly line of the Subject Property, as per P.B. 4 Pg. 73, of the Public Records of Miami —Dade County, Florida. This line is considered well —established and monumented. — City of Miami Municipal Atlas Sheet No. 42 B. VERTICAL CONTROL: Elevations are referred to N.G.V.D. 1929. Benchmark used: City of Miami Benchmark, Elevation=14.623' (City of Miami Datum) Adjusted —0.26' 14.363' (N.G.V.D. 1929) located @ SW 22 Street and SW 32 Avenue Magnetic nail and brass washer curb center. 6. FLOOD INFORMATION: By scale determination this property is located in Flood Zone X, as per Federal Emergency Management Agency (FEMA), NFIP Community Name: City of Miami and Community Number 120650 Map/Panel Number 12086C0476, Suffix L, FIRM Panel Effective/Revised Date 09-11-2009. 7. LIMITATIONS: No research was made for other instruments than the existing in the plat and provided by client. No determination was made as to how the site can be served with utilities. Fences and walls ownership by visual means only; legal ownership not determined. No underground utilities and/or structures(foundations) was located within or abutting the Subject property. SURVEYORS CERTIFICATION: I certify: This Map of Boundary Survey meets all applicable requirements of the Florida Minimum Technical Standards as contained Chapter 5J-17. Unless indicated to the contrary, the measured distance and directions shown on the Map of Boundary Survey are the same as the deed distances and directions. Not valid without the signature and the original raised seal of Florida Licensed Surveyor and Mapper. Additions or deletions to Map of Boundary Survey by other than signing party or parties is prohibited without written consent of the signing party or parties. This Survey Map and Report are not full and complete without the other. FormTech Land Surveying, Inc. State of Florida LB # 7980 12209 S.W. I29th Court, Miami. Florida. 33186 Ph: (786)429-3034 (786)443-0285 (786)443-0678 www.formtechsurveyors.com email:info4Dformtechsurveyors.com Digitally signet�ob # 20-06057 by Eugenia L. Formoso Date: Professional Surveyor and Mapper 2020.08.27 State of Florida LS # 6660 18:04:18-04'00' page 1 of 2 MAP OF BOUNDARY SURVEY Scale: 1 " = 20' 10' 20' I 40' GRAPHIC SCALE • FND .I.R.01 /2" (NO ID.) 0.3' — ouL — OUL —CL SKETCH N87°53'58"E P/L 50.00' C^3 CO 6.3 0.2' CL. F .P.0 /2" S'.SIE (NO ib.) OUL 0 13 PARKWAY - 6' C.B.S WALL VERED RANCE CQNCRETE"— bRIVE OUL — OUL —7 oULA C S o METALc• / 8.5'\ �' <3' SHED 5.7' SOD A/C 01 Gr. \" • nL ci 14.0'V '41' Ll SOD COERED - ' ENTRANCE, `; 'CQNCRETE N`� N bR1EVE N87°54'10"E R "03 WoWk OUL OUL CONCRETE, DRIVE FN D.I. R.01 /2" NO ID.) L — OUL — OUL — OUL b 50.00" WMW p-m- —,, '.1" ASPHALT ,,CONCRETE r, DRIVFO, Z, k` 5 18' ASPHALT �PAVEMENT 23rd ' TERRA (50' TOTAL R/W) This Survey Map and Report are not full and complete without r CO Cr) 5.0' 0.8' CL. In accordance hrnalines set f In. Che aring Code The applicable oleclalon-ma Xing hotly. �PZ-20-7972 tl� 03/02/21 P.B. 4 PG. 73 Property address: 3231 S.W. 23rd Terrace City of Miami, Miami -Dade County, Florida Zip Code: 33145 Folio # 01-4116-009-4030 Containing 6,655 Square Feet or 0.15 Acres more or less by calculations. 198.58' (N0 ID.) FND.I.P.01 7� (NO ID.) BLOCJC CORNER OUL — OUL — OUL — UL — uUL the other. A FND U.E. IP IR N&D COL. P.B. Arc Pg. Found R/W Utility Easement TBM PWY W /P ENC Iron Pipe Iron Rebar Nail & Disc Column PLat Book Page Right —of —Way Nn Unknown Manhole V, Fire Hydrant Center Line Q Sewer Manhole ABBREVIATIONS & LEGEND Monument Line Temporary Benchmark Parkway Water Pump Encroachment C) Telephone Manhole WM ® Water Meter pd Water Valve ® Catch basin E Electric Box 0MLP Light Pole co, Utility Pole .CLP Concrete Light Pole '! Property Corner —•—•— Chain Link Fence — " — Wood Fence Metal or plastic Fence — OUL —Overhead 0 Utility line + Spot Elevation FormTech Land Surveying, Inc. State of Florida LB # 7980 12209 S.W. 129th Court, Miami, Florida, 33186 Ph: (786)429-3034 (786)443-0285 (786)443-0678 Professional Surveyor and Mapper www.formtechsurveyors.com email:info(3formtechsurveyors.com slate of Florida Ls#6666 Job # 20-06057 Date: 06-17-2020 Digitally signed by Eugenia L. Formoso Date: 2020.08.27 18:07:09 -04'00' Page 2of2