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Home My WebLink AboutPZAB (8984) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-21-051 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 8984 Final Action Date: 11/17/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING DENIAL 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-L" — SUB -URBAN TRANSECT ZONE — LIMITED TO "T4-L" GENERAL URBAN TRANSECT ZONE —LIMITED, FOR THE PROPERTIES LOCATED AT 19 NORTHWEST 41 STREET AND 20 NORTHWEST 42 STREET AND FROM "T4-L" GENERAL URBAN TRANSECT ZONE — LIMITED TO "T5- 0" URBAN CENTER TRANSECT ZONE — OPEN FOR THE PROPERTY LOCATED AT 4136 NORTH MIAMI AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 19 Northwest 41 Street and 20 Northwest 42 Street, ("Parcel A"), Miami, Florida are currently zoned "T3-L" Sub -Urban Transect Zone — Limited; and WHEREAS, the property located at approximately 4136 North Miami Avenue ("Parcel B"), Miami, Florida is currently zoned "T4-L" General Urban Transect Zone — Limited; and WHEREAS, Parcel A and Parcel B (collectively, the "Property") are owned by Perpetual Love 4136, LLC and Courtney Properties, LLC (collectively, the "Applicant"); and WHEREAS, the Applicant has submitted a request to change the zoning classification for Parcel A from "T3-L" Sub -Urban Center Transect Zone — Limited to "T4-L" General Urban Transect Zone — Limited and for Parcel B from "T4-L" General Urban Transect Zone — Limited to "T5-O" Urban Center Transect Zone — Open; and WHEREAS, the Property is an assemblage of approximately 23,724 square feet or approximately .544-acres and is located along Northwest 41 Street, Northwest 42 Street, and North Miami Avenue; and WHEREAS, on October 22, 2009, the Miami City Commission, per Ordinance No. 13114, adopted the Zoning Ordinance of the City of Miami, known as the Miami 21 Code, changing the zoning of Parcel A from R2 — Two -Family Residential to "T3-L" Sub -Urban Transect Zone — Limited; and Parcel B from R2- Two -Family Residential to "T4-L" General Urban Transect Zone — Limited; 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 rezone; and City of Miami Page 1 of 4 File ID: 8984 (Revision:) Printed On: 12/22/2021 WHEREAS, the proposed "T5-O" Transect Zone is inconsistent with the property's Low Density Restricted Commercial FLU designation, and a FLUM amendment is required for the requested rezone; and WHEREAS, the Applicant has submitted a request for a FLUM amendment, companion item PZ-20-8033, from Duplex Residential to Low Density Restricted Commercial for Parcel A and from Low Density Restricted Commercial to General Commercial for the Property for Parcel B; and WHEREAS, the Property abuts the Buena Vista East Historic District to the east; and WHEREAS, zoning designations are found to be: T3-L and T4-L to the north; T4-L and T5-O to the south; T3-O, T4-O, and T5-O to the east; and T3-L and T4-L to the west of the Property; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from T3-L to T4-L is successional and deemed the request appropriate considering the goals and objectives of the Miami 21 Code; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from T4-L to T5-O is successional, however, deemed the request inappropriate considering the goals and objectives of the Miami 21 Code; and WHEREAS, a review of the former Zoning Ordinance No. 11000 shows that the Property was designated "R-2" Duplex Zoning District, the equivalent of the Miami 21 T3-O Transect Zone (18 DU/AC); and WHEREAS, the proposed rezoning of Parcel A from T3-L to T4-L increases residential density from 9 dwelling units per acre to 36 dwelling units per acre and increases the maximum number of stories from two (2) to three (3) By Right; and WHEREAS, the proposed rezoning of Parcel B from T4-L to T5-O increases residential density from 36 dwelling units per acre to 65 dwelling units per acre and increases the maximum number of stories from three (3) to five (5) By Right; and WHEREAS, the residential intensity increased by the proposed "T4-L" General Urban Transect Zone could be supported based on the historic development patterns within this neighborhood which are primarily low and medium density residential; and WHEREAS, the residential intensity increased by the proposed "T5-O" Urban Center Transect Zone is not supported based on the historic development patterns within this neighborhood which are primarily low and medium density residential; and WHEREAS, the Applicant was encouraged to conduct community outreach with neighborhood groups, including the Buena Vista East Homeowners Association; and WHEREAS, the Planning Department recommended approval for the request to change the zoning designation for Parcel A from "T3-L" Sub -Urban Transect Zone — Limited to "T4-L" General Urban Transect Zone — Limited, as the application meets the criteria as set forth in Article 7, Section 7.1.2.8 of Miami 21 Code, as amended; and City of Miami Page 2 of 4 File ID: 8984 (Revision:) Printed On: 12/22/2021 WHEREAS, the Planning Department recommended denial for the request to change the zoning designation for Parcel B from "T4-L" General Urban Transect Zone — Limited to "T5- 0" Urban Center Transect Zone, 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, 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 propose change unnecessary; and WHEREAS, PZAB 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 Parcel A from "T3-L" Sub -Urban Transect Zone — Limited to "T4-L" General Urban Transect Zone — Limited is deemed inappropriate considering the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the proposed zoning change of Parcel B from "T4-L" General Urban Transect Zone — Limited to "T5-O" Urban Center Transect Zone — Open is deemed inappropriate considering the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the proposed zoning change of Parcel A from "T3-L" Sub -Urban Transect Zone — Limited 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 WHEREAS, the proposed zoning change of Parcel B from "T4-L" General Urban Transect Zone — Limited to "T5-O" Urban Center Transect Zone — Open does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in Density, Intensity, and building Height; and WHEREAS, PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to recommend denial of the amendment to the Miami 21 Zoning Atlas, to change the zoning of Parcel A from "T3-L" Sub -Urban Transect Zone — Limited to "T4-L" General Urban Transect Zone — Limited, and further recommends denial of the amendment to the Miami 21 Zoning Atlas, to change the zoning of Parcel B from "T4-L" General Urban Transect Zone — Limited to "T5-0" Urban Center Transect Zone — Open 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 PZAB recommends that the City Commission deny amending the Zoning Atlas of Ordinance No. 13114, ("Miami 21 Code") as amended, by changing the zoning classification from "T3-L" Sub -Urban Transect Zone — Limited to "T4-L" General Urban Transect City of Miami Page 3 of 4 File ID: 8984 (Revision:) Printed On: 12/22/2021 Zone — Limited for the properties generally located at 19 Northwest 41 Street and 20 Northwest 42 Street, and further recommends that the City Commission deny amending the Zoning Atlas of the Miami 21 Code, as amended, by changing the zoning classification from "T4-L" General Urban Transect Zone — Limited to "T5-O" Urban Center Transect Zone — Open for the property generally located 4136 North Miami 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: � Pons Al P, Qirecector, a ment o tanning 12f2212021 City of Miami Page 4 of 4 File ID: 8984 (Revision:) Printed On: 12/22/2021 EXHIBIT A SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" Address: 19 N.W. 41st Street, Miami, Florida, 33127 Existing Land Use Designation: Duplex Res. Proposed Land Use Designation: Low D. Rest. Com Legal Description: Lot 3, Block 5, of " BUENA VISTA HEIGHTS ADDITION AMENDED PLAT', according to the Plat thereof, as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida. I � LOT 21 BLOCK 5 0 rtar LOT 4 BLOCK 5 PEDRODigitally signed 6y L PEDRO (MARTINEZ DN: c-l1S, o—MARTINEZ AND MARTINEZ MARTIN T ENTERPRISES INC, 0,4014101)000001739 f V 1)\R 1 �N enPT EOROL MARTINEZ Date: 2026.09.03 17:0620 -04'00' EZ LOT 22 F LOT 23 BLOCK 5 I BLOCK 5 N89°56'55"W 50.00' 1 DUPLEX RES-\ LOT 3 BLOCK 5 S89°56'55"E 50.00' r; N. E. 4 l sf STREET . LOT 2 BLOCK 5 NORTH SCALE: 1' — 30' 0' 10' MARTINEZ 1& MARTINEZ ENTERPRISES, INC. 30. LEGEND: �L - CENTER LINE - MONUMENT LINE LICENSE BUSINESS NO. 7702 7179 WEST 13 AVENUE, HIALEAH, FL 33014 PH: (7B6) 277-4951 PLSPSMOGMAIL.COM WEBSITE: MARTINEZ AND MARTINEZ.COM MINISTp riI Ths final decision maybe appealed to the Planning, Zoning and Appeals Board try any aggnleved party, within fifteen (15) days of the date of porting by fling a mt. appeal aM appropriate fee Bath the Hearing Boards DMslm, located at 444 SW 2nd Avenue, 3rd Floor, Miami, FL 33130. Telephone number (3057416-2030. PZ-20-791 7 04/30/21 SCALE: AS SHOWN DATE: 09 / 01 / 2020 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" Address: 20 N.W. 42nd Street, Miami, Florida, 33127 Existing Land Use Designation: Duplex Res. This final dedsicn maybe aopeale to the Planning. Zoning and Appeals Board byarry aggrieved party, whin fifteen U61 drys of the date of posting by filing a written appeal and apprcplate Iee yAth the Heeling Boards O'wsion. locatedat4445W 2ntl Avenue, 3rd Floor, Miami, FL 33130. Telephone number 505, 416-2030. Proposed Land Use Designation: Low D. Rest. Com. Legal Description: Lot 22, Block 5, of " AMENDED PLAT BUENA VISTA HEIGHTS ADDITION TO THE CITY OF MIAMI, FLORIDA FOR BUENA VISTA INVESTMENT CO ", according to the Plat thereof as recorded in Plat Book 3, Page 22, of the Public Records of Miami -Dade County, Florida. Address: 4136 N. Miami Avenue, Miami, Florida, 33127 Existing Land Use Designation: Low D. Rest. Com. Proposed Land Use Designation: General Commercial Legal Description: The North 44.00 feet of Lots 23 and 24, and the North 50.00 feet of the South 100.00 feet of Lots 23 and 24, Block 5, of " BUENA VISTA HEIGHTS ADDITION ", according to the Plat thereof as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida, less the East 10.00 feet of the North 44.00 feet of said Lot 24, and less that part of Lot 24 which lies within the external area formed by a 15 feet radius arc, concave to the Southwest, tangent to the North line of Lot 24 and tangent to a line 10.00 feet West of and parallel to the East line of said Lot 24; and less and except that parcel conveyed to the City of Miami by Right -of -Way Deed recorded November 4, 2016 in Official Records Book 30296, Page 3465. PEDRO Digitally signed by PEDRO I MARTINEZ DN: c=1.15, o MARTINEZ AND MARTINEZ ENTERPRISES INC, 964 F C'0000CB69,1739 MARTINI rn-PEDRO i MARTINEZ Date: 2020.09.03 1 i:0625 L EZ MARTINEZ & MARTINEZ ENTERPRISES, INC. LICENSE BUSINESS NO. 7702 7179 WEST 13 AVENUE, HIALEAH, FL 33014 PH: (786) 277-4851 PLSPSM@GMAIL.COM WEBSITE: MARTINEZ AND MARTINEZ.COM SCALE: AS SHOWN DATE: 09 / 01 / 2020 SHEET: 1 OF: 2 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" LEGEND: et_ — CENTER LINE — MONUMENT LINE LOT 21 BLOCK 5 LOT 4 BLOCK 5 PEDRO L MARTI NEZ $ N90'00'00"E 50.00'4, DUPLEX RES LOT 22 BLOCK 5 a S90°00'00"W 50.00' ° LOT 3 BLOCK 5 This anal decision may be appealed to Me Planning, zoning and Appeals Board by any aggrieved parry, within fifteen L13l days of the date of posting by fete a written appeal andalptoprlate fee o ah the Hearing Boards Orvision, located at 444 SW aid Avenue 3rd Flo,, Miami, FL 33130. Telepho,e number MSS 416-2030. SCALE: 1° — 30' 0' 10' N.W. 42nd STREET N90°00'00"E 85.09' LOW D. REST COM. PORTION OF LOT 23 BLOCK 5 S90'00'00"W REMAINDER OF LOT 23 BLOCK 5 30' PORTION OF LOT 24 BLOCK 5 100.00' REMAINDER OF LOT 24 BLOCK 5 LOT 2 BLOCK 5 rt LOT 1 BLOCK 5 Digitally signed by PEDRO L MARTINEZ DN: c=1.15, o=MARTINEZ AND MARTINET ENTERPRISES INC, au=A0141OD0000O173 97984FFC0000C869, cn=PEDRO L MARTINEZ Dote: 29Zo.09.0J 17:07:42-O4°00' MARTINEZ & MARTINEZ ENTERPRISES, INC, LICENSE BUSINESS NO. 7702 7179 WEST 13 AVENUE, HIALEAH.. FL 33014 PH: (786) 277-4851 PLSPSM@GMAIL.COM WEBSITE: MARTINEZ AND MARTINEZ.COM so' R=15.00' - L=(23.48' Li-89'40' 15" 35.00' N. 35.00' 5.00' DATE: 09101 f 2020 SHEET/ 2 DFI 2