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Home My WebLink AboutPZAB (9146) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-22-002 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 9146 Final Action Date: 1/5/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE TO THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114 (THE "MIAMI 21 CODE"), AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER -OPEN TO "T6-8-O" URBAN CORE -OPEN FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8038 NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article 7, Section 7.1.2.8 of Ordinance No. 13114 ("Miami 21 Code"), as amended, the property owner Qualcon Little River Active Zone Business, LLC (the "Applicant"), requests to change the zoning designation of the properties located at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace (collectively, the "Property"); and WHEREAS, 8038 Northeast 2 Avenue is bifurcated by two Transect Zone designations of "T5-O" Urban Center Transect - Open (western portion) and "T6-8-O" Urban Core Transect - Open (eastern portion); and WHEREAS, 165 Northeast 80 Terrace has a single Transect Zone designation of "T5-O" Urban Center Transect - Open; and WHEREAS, the Applicant proposes to rezone the western portion of 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace from "T5-O" Urban Center Transect - Open to the "T6-8-O" Urban Core Transect — Open; and WHEREAS, in total the Property is 2.17 ± acres in size, of which, 1.42 ± acres are requested to be rezoned to "T6-8-O" Urban Core Transect — Open; and WHEREAS, the Property is located immediately north of the Little River Commerce Park and contains a telecommunication facility that has operated on the site for approximately 70 years; and WHEREAS, the Property abuts high intensity corridors Northeast 82 Street to the north and Northeast 2 Avenue to the east; and City of Miami Page 1 of 4 File ID: 9146 (Revision:) Printed On: 1/26/2022 WHEREAS, the Property abuts "T5-O" Urban Center Transect - Open to the west, "T6-8-O" Urban Core Transect - Open to the north and east, and a bifurcated parcel to the south with "T5-O" Urban Center Transect - Open and "T6-8-O" Urban Core Transect - Open; and WHEREAS, west of the Property is predominantly multifamily residential uses and east of the Property is generally commercial, retail, and office uses; and WHEREAS, under the previous Zoning Ordinance (11000 Zoning Code) the western portion of the Property was zoned "0" Office and with the adoption of the Miami 21 Zoning Code this portion of the Property was rezoned to "T5-O" Urban Center Transect - Open; and WHEREAS, under the previous Zoning Ordinance No. 11000 ("11000 Zoning Code") the eastern portion of the Property was zoned "C-1" Restricted Commercial and with the adoption of the Miami 21 Zoning Code this portion of the Property was rezoned to "T6-8-0" Urban Core Transect-Open; and WHEREAS, the western portion of 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace has a FLU designation of "Medium Density Restricted Commercial" and the eastern portion of 8038 Northeast 2 Avenue has a FLU designation of "Restricted Commercial"; and WHEREAS, the Applicant has submitted a companion application (ePlan File ID No. PZ-20-5966) to amend the Future Land Use Map ("FLUM") designation of the Miami Comprehensive Neighborhood Plan ("MCNP") for the western portion of 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace from "Medium Density Restricted Commercial" to "Restricted Commercial"; and WHEREAS, the Property abuts "Medium Density Restricted Commercial" to the west, "Restricted Commercial" to the north and east, and a bifurcated parcel to the south with "Medium Density Restricted Commercial" and "Restricted Commercial"; and WHEREAS, the Property has a split zoning of T5-0 and T6-8-0, the requested rezone to the T6-8-0 Transect Zone would allow cohesive development standards across the site which may better serve the surrounding neighborhood with an influx of new housing or uses; and WHEREAS, the proposed zoning amendment to T6-8-0 is consistent and comparable with the mixed -use development trends and patterns of the nearby area and the existing infrastructure and services (roadway network, utilities, county schools, libraries, fire, and public safety), and WHEREAS, staff is concerned that the increase in vehicle trips from the proposed redevelopment would create an adverse impact on Northeast 2 Avenue and Northeast 82 Street intersection; and City of Miami Page 2 of 4 File ID: 9146 (Revision:) Printed On: 1/26/2022 WHEREAS, although traffic may be increased, this Property is located within the Opportunity Zone, which is intended to incentivize development in economically distressed areas; and WHEREAS, this Rezone from T5-O to T6-8-O may provide a catalyst for additional residential units to be developed, provide an opportunity for economic development with the ability to create jobs, possibly creating a mixed -use neighborhood with a full range of residential, office, live/work spaces, and neighborhood retail; and WHEREAS, the proposed zoning change is in keeping with the goals, objectives, and policies of the City of Miami's ("City") Comprehensive Neighborhood Plan; 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 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, the Planning Department recommends approval of the rezoning application; 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 proposed change necessary; and WHEREAS, the 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 approval of this amendment to the Miami 21 Zoning Atlas, as hereinafter set forth; and 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 the request to amend the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "T5-O" Urban Center Transect - Open to "T6-8-O" Urban Core Transect - Open for the properties located at approximately 8038 Northeast 2 Avenue (western portion) and 165 Northeast 80 Terrace, Miami, Florida, as described in "Exhibit A", and Attached and incorporated. City of Miami Page 3 of 4 File ID: 9146 (Revision:) Printed On: 1/26/2022 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 Al CV( P, Director, e ment o fanning 1/10/2022 City of Miami Page 4 of 4 File ID: 9146 (Revision:) Printed On: 1/26/2022 P U Exhibit A - Legal Description Parcel 1: 4 0 4- 4 Tract "A" of "DOBBS BUSINESS CENTER" according to the plat th recorded in Plat Book 53, Page 73, of the Public Records of Miami -Dade Coun Florida, Less and except the following: NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision -mating body will renew the Information at the pubc hearing to render s recommendation or a final decision. Begin at the SE corner of Tract "A"; thence run Northerly along the most Easterly boundary of said Tract "A" (being also the West Right -of -Way boundary of Northeast 2nd Avenue, as shown on said Plat entitled "DOBBS BUSINESS CENTER") a distance of 60 feet to a point; thence run Westerly along a line parallel to the most Southerly boundary of said Tract "A" a distance of 172 feet to a point; thence run Southerly along a line parallel to said most Easterly boundary of said Tract "A" a distance of 111.60 feet to a point of intersection with most Southerly boundary of said Tract "A"; thence run Easterly along the last described line being also along the North Right -of -Way boundary of Northeast 80th Terrace as shown on said Plat entitled "DOBBS BUSINESS CENTER" a distance of 50 feet to a point; thence run Northerly along a line that is an Easterly boundary of said Tract "A" a distance of 51.60 feet to a point; thence run Easterly along a line that is a Southerly boundary of said Tract "A" a distance of 122 feet to the Point of Beginning. - ALSO- Tract "B" of DOBBS BUSINESS CENTER", according to the plat thereof recorded in Plat Book 53, Page 73 of the Public Records of Miami -Dade County, Florida. - ALSO- All of Lots 1, 2, 3, 4 and 6, Block 7, of "ROYAL PALM GARDENS", according to the plat thereof recorded in Plat Book 7, Page 71, of the Public Records of Miami - Dade County, Florida, Less and excepting therefrom that certain Strip of land variable width along the North boundary of said Lots 1, 4, and 6 as shown on Right - of -Way Map for Northeast 82nd Street as recorded in Plat Book 71, Page 66, of the Public Records of Miami -Dade County, Florida. Commonly known as 8038 NE 2 Avenue and identified for tax purposes by folio number 01-3112-002-0010. Together with Parcel 2: Lot 2 in Block 9, of LITTLE IRVER GARDENS, according to the Plat thereof, as recorded in Plat Book 6, Page 8, of the Public Records of Miami -Dade County, Florida. Commonly known as 165 NE 80 Terrace and identified for tax purposes by folio number 01-3112-011-0220. 44, ReVI EW CO - PZ-20-6066 11/05/20 GRAPHIC SCALE SKETCH OF FUTURE LAND USE AND ZONING MAP b "NOT A SURVEY" 8038 NE 2ND AVENUE, MIAMI, FL 33138 LOT 5, BLOCK 9 SET S., IRON ROD AND CAR WOO 451E ]6.96 PARCEL 1 e5 BI999 82nd STREET PAGE AVENUE, B PG 71, ASPHALT ROAN,' 569° 07 0T'W 277.56' �III LOTLWE PARCEL 1 PARCEL 1 LOT 1.BLOCK LOT A. BLOCK V' II. PARCEL 1 itLOT 2. BLOCK P B.7. PG71 PB. W, PG73 PB 7, PG71 LOT, BLOCK ] PB.7.PG I1 LOTuuE —HOT LINE ZONING' T5-0! MEDIUM DENSITY RESTRICTED 62,102s SO. FT. 1= Ilz GROSS LAND AREA 94289 48 SQUARE FEET PARCEL 1 TRACT 'A' ZONING. T6-8-0! RESTRICTED COMMERCIAL 32,187* SQ.FT. SIN /L, BOUNDPRY B1n N45108' 47'' 16.28' S00101 19 W 113.60' N89154' 53'E N89° 54' S3"E 191 8 HSPHAL7 ROADWAY NE 80th TERRACE S89154'53'5V 17200 MOST 2 EASTERLY BOUNDARY OF IIPLATTED I LSOUTHERLY PF1'7T I \EASTERLY of TBr.cT NORTH NE aath ol�oF es aB AY e�0B'� ',EST RIGHT OF LESS AND EXCEP7 eem„lu PcnNOT INCLUDED) s�—uez�an. Euue MOST SOUTHERLY BOUNDARY OF TRACT A VoTER LEGAL DESCRIPTION FLORIDA. LESS AND EXCEPT THE FOLLOWING, EASTERLY BOUNDARY OF SAID TRACT ,- BE SHOWN ON BUSINESS PLAT ENTITLED .DOBBS CENTER, A DISTANCE O7 60 FEET BOUNDARY OF SAID TRACT ," A DISTANCE OF INTERSECTION WITH MOST SOUTHERLY BOUNDARY OF SAID TRACT ," THENCE RUN THAT IS A SOUTHERLY BOUNDARY OF SAID ALSO TRACT OF ',DOBBS BUSNESS PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA EXCEPTING THEREFRUM THAT CERTAIN STRIP OF SHOWN ON RIGHT-OF-WAY MAP FOR RECORDS OF MIAMI-DADE COUNTY. FLORIDA. THEREON AS RECORDED IN PLAT BOON 6. PAGE B. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNT', ITEM PERIIITTED USE LOT PHA (SOFT) MINIMUM LO1 DEPTH MINIMUM LOT 'MD, MAN BUILDING COVERAGE HP, BUILDING HEIGHT MINIMUM 4TEIKNS BO I STORIES PRINCIPAL FRONT SIDE REAR THE SKETCH SHOWN HEREON IS 'NOT ASURVEY" SHOWN FIEREON=AMEXIIWON THE GliVOF NOLEN, DESCRIPTIONHAS BEEN PRONE. FOR THESE PAGE 9 OF 9