HomeMy WebLinkAboutPZAB (13280) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-025
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13280
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, ("MIAMI 21 CODE") BY CHANGING THE ZONING
CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE — RESTRICTED TO
"T4-O" GENERAL URBAN TRANSECT ZONE — OPEN WITH A "VILLAGE WEST
ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD
CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTIES GENERALLY
LOCATED AT 3475, 3479, AND 3481 HIBISCUS STREET, 3475, 3447, 3435 AND
3401 WILLIAM AVENUE, 3452 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454
AND 3456 ELIZABETH STREET AND A CHANGE IN THE ZONING CLASSIFICATION
FROM "T3-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED AND "T5-O"
URBAN CENTER TRANSECT ZONE — OPEN TO "T4-O" GENERAL URBAN
TRANSECT ZONE - OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND
CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT)
OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3449 HIBISCUS
STREET, MIAMI, FLORIDA, (COLLECTIVELY "THE PROPERTY") AS MORE
PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("the Applicant")
has submitted a request to change in the zoning classification from "T3-R" Sub -Urban Transect
Zone — Restricted to "T4-O" General Urban Transect Zone — Open with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay for the
properties generally located at 3475, 3479, And 3481 Hibiscus Street, 3475, 3447, 3435 and
3401 William Avenue, 3452 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456
Elizabeth Street and a change in the zoning classification from "T3-R" General Urban Transect
Zone — Restricted and "T5-O" Urban Center Transect Zone — Open to "T4-O" General Urban
Transect Zone - Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay for the property generally located at 3449
Hibiscus Street, Miami, Florida, (collectively, "the Property") pursuant to Directive 22-036 from
the October 13, 2022 City Commission meeting; and
WHEREAS, the Property consists of fourteen (14) parcels totaling approximately 97,752
square feet (2.24 acres) of land; and
WHEREAS, the Property is located in the Village West Island and Charles
Avenue Neighborhood Conservation District ("NCD-2"); and
City of Miami Page 1 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023
WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market
Overlay District," was established by Ordinance No. 12324, which amended the
prior City of Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No.
11000"); and
WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No.
12417, rescinding Ordinance No. 12324 and amending Article 8, Section 802 of
Ordinance No. 11000 to establish the "NCD-2 Grand Avenue Corridor
Neighborhood Conservation Overlay District"; and
WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No.
12651 amending Article 6 to add Section 626, titled "Village West Island Special
Overlay District," and to repeal the "NCD-2 Grand Avenue Corridor Neighborhood
Conservation Overlay District" and further amending Article 8 to create Section 802,
titled "Charles Avenue Neighborhood Conservation Overlay District"; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No.
13114, current Zoning Ordinance of the City of Miami, as amended ("Miami 21
Code"); and
WHEREAS, on April 23, 2020, the Miami City Commission, per City
Commission Resolution No. R-20-0131, found that the West Grove has been
plagued by economic blight; and
WHEREAS, pursuant to City Commission directive on September 10, 2020,
the City of Miami ("City"), working with a consultant, completed a report to identify
future housing opportunities within the West Grove community, titled "West Grove
Affordable Housing Blueprint"; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City
Commission directed the City Manager and the City Attorney to take any and all
actions to improve affordable housing within the Little Bahamas area of the City;
and
WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood
Conservation District 2 regulations, titled "Village West Island District and Charles
Avenue" ("NCD-2"); and
WHEREAS, the intent of the NCD-2 is to identify and recognize areas in
Coconut Grove that are historically significant; to promote gateways, gathering
places, and activities corresponding to its culture and heritage; to compliment the
character of the entire community and promote the history of the Island District; and
to promote its successful revitalization and restoration; and
City of Miami
Page 2 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023
WHEREAS, the Property is located within the West Grove neighborhood where
there are a variety of zoning designations, commercial uses, and single family and
duplex housing types; and
WHEREAS, the application is consistent with Miami 21 Code, Article 7, Section
7.1.2.8.f.1(a) in that the proposed change from "T3-R" Sub -Urban Transect Zone —
Restricted and "T5-O" Urban Center Transect Zone — Open with a "Village West
Island District and Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay to "T4-O" General Urban Transect Zone -Open with a "Village West Island
District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay
will further the goals, objectives, and policies of the Comprehensive Plan; and
WHEREAS, changes from "T3-R" Sub -Urban Transect Zone — Restricted and
"T5-O" Urban Center Transect Zone — Open with a "Village West Island District and
Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-O"
General Urban Transect Zone -Open with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay could alleviate the
conditions of blight while supporting the intentions of maintaining the distinct
character and heritage of Village West Island District; and
WHEREAS, the proposed application is consistent with the Miami 21 Code,
Article 7, Section 7.1.2.8.f.1(b); and
WHEREAS, there are changing conditions in the form of blight and changing
from "T3-R" Sub -Urban Transect Zone — Restricted with a "Village West Island
District And Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay
to "T4-O" General Urban Transect Zone -Open with a "Village West Island District
and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay could
alleviate the issues of blight, making the changes necessary and consistent with the
Miami 21 Code, Article 7, Section 7.1.2.8.f.1(b); and
WHEREAS, the proposed application is consistent with the Miami 21 Code,
Article 7, Section 7.1.2.8.f.2 in that the changes occur in succession to the next
higher Transect Zone; and
WHEREAS, the proposed zoning change from "T3-R" Sub -Urban Transect
Zone — Restricted and "T5-O" Urban Center Transect Zone — Open with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
District) Overlay to "T4-O" General Urban Transect Zone -Open with a "Village West
Island District and Charles Avenue NCD-2" (Neighborhood Conservation District)
Overlay can be deemed appropriate in light of the intent of the Miami 21 Code; and
WHEREAS, the City Planning Department recommends approval of the
rezoning application from "T3-R" Sub -Urban Transect Zone — Restricted and "T5-O"
Urban Center Transect Zone — Open with a "Village West Island District and
Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to "T4-O"
City of Miami
Page 3 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023
General Urban Transect Zone -Open with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City
Commission directed the City Manager and the City Attorney to take any and all
actions to initiate future land use map amendments, rezonings, and waivers,
pursuant to the Miami 21 Code, including for the acreage of real property at 3449,
3475, 3479, and 3481 Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue,
3452 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456 Elizabeth Street,
Miami, Florida; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full
consideration to the Planning Director's recommendation; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changed or changing 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;
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 recommends that the City
Commission approve the request to amend the Zoning Atlas of Miami 21 Code by
changing the zoning classification from "T3-R" Sub -Urban Transect Zone —
Restricted with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to "T4-O" General Urban Transect
Zone -Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay for the property generally located at
3475, 3479, and 3481 Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue,
3452 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456 Elizabeth Street
and a change in the zoning classification from "T3-R" General Urban Transect Zone
— Restricted and "T5-O" Urban Center Transect Zone — Open to "T4-O" General
Urban Transect Zone - Open with a "Village West Island District and Charles
Avenue NCD-2" (Neighborhood Conservation District) Overlay for the property
generally located at 3449 Hibiscus Street, Miami, Florida, (collectively, "the
Property") Miami, Florida, as described in Composite Exhibit "A", attached and
incorporated.
City of Miami
Page 4 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023
Section 3. If any section, part of a section, paragraph, clause, phrase, or word
of this Resolution is declared invalid, the remaining provisions of the Resolution
shall not be affected.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
City of Miami
Page 5 of 5 File ID: 13280 (Revision:) Printed On: 5/2/2023
4
PUBLic
Exhibit "A"
Address: 3479 HIBISCUS ST
Folio: 0141210074750
Legal Description: FROW HOMESTEAD PB B-106 LOT 34 LESS W1.5FT FOR ST BLK 28 LOT SIZE
50.000 X 99 OR 16273-0882 0294 4 COC 21774-2796 09 2003 1
G
0
Q-
Q.
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh bmellnes set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommendation or a final decla on.
44,
Reb! Ew CO
Address:3481 HIBISCUS ST
Folio: 0141210074760
Legal Description: FROW HOMESTEAD PB B-106 LOT 35 BLK 28 LOT SIZE 50.000 X 100 74R
113121
PZ-23-15987
02/24/23
Address: 3475 WILLIAM AV
Folio: 0141210120650
Legal Description: 21 54 41 DE HEDOUVILLES PB B-150 LOTS 65 & 66 LOT SIZE 120.000 X 124 74R
113122
Address:3435 WILLIAM AV
Folio: 0141210120640
Legal Description: DE HEDOUVILLES PB B-150 LOT 63 LOT SIZE 50.000 X 124
Address: 3452 THOMAS AV
Folio: 0141210120260
Legal Description: DE HEDOUVILLES PB B-150 LOT 24 LESS E9FT & E9FT LOT 23 LOT SIZE 50.000 X
124 OR 16737-4183 0495 4
Address: 3440 THOMAS AV
Folio: 0141210120270
Legal Description: DE HEDOUVILLES PB B-150 LOT 25 & E9FT LOT 24 LOT SIZE 59.000 X 124
Address:3430 THOMAS AV
Folio: 0141210120280
Legal Description: DE HEDOUVILLES PB B-150 LOT 26 LOT SIZE 50.000 X 124 OR 10185-1605
1078 1
Address: 3449 HIBISCUS ST
Folio: 0141210074730
Legal Description: FROW HOMESTEAD PB B-106 LOTS 31 & 32 LESS W1.5FT FOR ST BLK 28 LOT
SIZE 100.000 X 99 OR 10780-2303 0680 5
Address:3456 ELIZABETH ST
Folio: 0141210120300
4
0 PUB
Legal Description: DE HEDOUVILLES PB B-150 S5OFT LOT 27 LOT SIZE 50.000 X 7
COC 26122-1256 12 2007 1
Address: 3460 THOMAS AVE
Folio: 0141210120250
Legal Description: DE HEDOUVILLES PB B-150 LOT 23 LESS E9FT LOT SIZE 61.000 X 124 COC
26534-1209 08 2008 1
a
G
0
Q-
a.
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh bmellnes set forth in the City of
Miami Code. The applicable decision -making body will
resiew the information at the public hearing to render a
recommended on or a final decid on.
PZ-23-15987
02/24/23
�►�9-4-V/ Ew CO'
Address: 3475 HIBISCUS ST
Folio: 0141210074740
Legal Description: FROW HOMESTEAD PB B-106 LOT 33 LESS W1.5FT FOR ST BLK 28 LOT SIZE
50.000 X 99 OR 20869-3751 11/2002 1
Address: 3454 ELIZABETH ST
Folio: 0141210120290
Legal Description: DE HEDOUVILLES PB B-150 N73FT LOT 27 LOT SIZE 75.000 X 73
Address: 3401 William Avenue
Folio: 0141210120630
Legal Description: 21 54 41 DE HEDOUVILLS PB B-150 LOT 62 LOT SIZE 75.000 X 124
Address: 3447 William Avenue
Folio: 0141210120641
Legal Description: DE HEDOUVILLES PB B-150 LOT 64 LOT SIZE 50.000 X 124 OR 12419-555
01854