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HomeMy WebLinkAboutPZAB (13665) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-039 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13665 Date Rendered: 5/03/2023 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, ("MIAMI 21 CODE") AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24A-O" URBAN CORE TRANSECT ZONE - OPEN TO "T6-24B-O" URBAN CORE TRANSECT ZONE - OPEN FOR THE PROPERTY GENERALLY LOCATED AT 1600 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 1600 Northeast 2 Avenue, Miami, Florida ("Property") is zoned "T6-24A-O" Urban Core Transect Zone — Open on the Zoning Atlas of the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, Ines Marrero Priegues, Esq., on behalf of 1600 NE 2ND Avenue, LLC ("Applicant"), submitted a request to change the zoning classification from "T6-24A-O" Urban Core Transect Zone - Open to "T6-24B-O" Urban Core Transect Zone — Open for the Property; and WHEREAS, the Property is approximately 24,589.3 square feet (0.5645 acres) of land; and WHEREAS, the Future Land Use Map designation of the Property is "General Commercial" on the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the request to rezone the Property from "T6-24A-O" Urban Core Transect Zone - Open to "T6-24B-O" Urban Core Transect Zone — Open is consistent with the Property's existing Future Land Use designation ("FLU") of "General Commercial", therefore, a concurrent MCNP is not required; and WHEREAS, the Property is bordered by "Restricted Commercial" and "General Commercial" uses; and WHEREAS, the request is consistent with the Miami 21 Code, Article 7, Section 7.1.2.8(f)(1)(a) in that the rezone of the Property from "T6-24A-O" Urban Core Transect Zone - Open to "T6-24B-O" Urban Core Transect Zone — Open is consistent with and helps further the Goals, Objectives, and Policies of the MCNP as well as the Miami 21 Code and other City regulations; and Date Rendered: 5/03/2023 City of Miami Page 1 of 3 File ID: 13665 (Revision:) Printed On: 5/3/2023 WHEREAS, the request to rezone the Property from "T6-24A-O" Urban Core Transect Zone - Open to "T6-24B-O" Urban Core Transect Zone — Open is consistent with the MCNP Policy LU-1.3.15 intent to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including housing and recreation in close proximity to each other; and WHEREAS, the request is consistent with the Miami 21 Code, Article 7, Section 7.1.2.8(f)(1)(b); and WHEREAS, the request to rezone the Property complies with Miami 21, Article 7, Section 7.1.2.8(f)(2) criteria, in that the proposed "T6-24B-O" Urban Core Transect Zone — Open is the Successional Zone of T6-24A-O" Urban Core Transect Zone — Open; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "T6-24A-O" Urban Core Transect Zone - Open to "T6-24B-O" Urban Core Transect Zone — Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has given full considerations to the Planning Departments recommendations and held a hearing on the matter; and WHEREAS, consideration was given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City regulations; and WHEREAS, the consideration has been given to the need and justification for the proposed zoning classification change, including changing and changed conditions that make the passage of the proposed zoning classification change necessary; and WHEREAS, the proposed zoning classification 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") recommends that the City Commission approve the request to amend the Zoning Atlas of Ordinance No. 13114 ("Miami 21 Code"), as amended, by changing the zoning classification from "T6-24A-O" Urban Core Transect Zone - Open to "T6-24B-O" Urban Core Transect Zone — Open for the Property generally located at 1600 Northeast 2 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. This Resolution shall become effective upon adoption by the PZAB. City of Miami Page 2 of 3 File ID: 13665 (Revision:) Printed On: 5/3/2023 Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13665 (Revision:) Printed On: 5/3/2023 SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1600 NE 2 AVENUE, MIAMI, FL. EXHIBIT "A" NE 17TH ST L:12 NE 16TH ST 17THTE \ NEIVTHST NE 16TH ST NE 15114TE NE ISTH ST NE 14TH ST NEI4TH ST 14TH" LOCATION MAP NOT TO SCALE PERTINENT INFORMATION USED FOR THE PREPARATION OF ThIS DOCUMENT: This submittal needs to be scheduled for a pubic hearing In accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making body will roNew the information at the public hearing to render a recommendation or a final decla on. PZ-22-15065 03/27/23 The Legal Description of the Subject Parcel was generated from the following documents: -Plat of'ROBBINS, GRAHAM AND CHILLINGWORTH SUBDIVISION', according to the Plat thereof, as recorded in Plat Book A, Page 49i of the Public Records of Miami -Dade County, Florida -Warranty Deed recorded on September 5, 1985, in Official Records Book 12628, Page 837 of the Public Records of Miami -Dade County, Florida -Warranty Deed recorded on May 5, 1986 in Official Records Book 12877, Page 2904 of the Public Records of Miami -Dade County, Florida - Alley Closure Petition dated November 2, 1925 - Ordinance No. 686 (Alley Closing) dated November 15, 1926 -City of Miami Municipal Atlas Sheet No. 23-h and 23A-A, last dated on February 1968. and July 1967 respectively. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying Plat of record. Please refer to the Limitations item with respect to possible restrictions of record and utility services. SURVEYOR'S CERTIFICATE: I hereby certify: That this "Sketch to Accompany Legal Description" and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said "Sketch to Accompany Legal Description" meets the intent of the applicable provisions of the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 5J- 17.05 I through 5J- 17.052 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. LEVELTECH SURVEYORS LLC., a Florida Limited Liability Company Florida Certificate of Authorization Number LB7I 54 This item has been digitally signed by: PREPARED BY: lov ©AM 11 LEVEL -TECH SURVEYORS, INC. LAND SURVEYORS * LAND PLANNERS 777 NW 72 ND AVENUE, SUITE 3134 MIAMI, FL 93126. TEL:305.261 .8483 FAX:305.261 .8781 PREPARED FOR: Miami Cash Register Co., a Florida corporation RONALD W FL Digitally signed by RONALD W WALLIN DN: c=US, o=LEVEL- TECH SURVEYORS, dnQualifier=A01410C WALLIN 000001750137AC540 000C9C1, cn=RONALD W WALLING G Date: 2022.06.06 17:01:35-04'00' tills ♦ E � ��u7,HSURV' � 4-46)* 6473 INC. RONALD W. WALLIN A SURVEYOR AND MAPPER S'I 4c1, 0 STTW IFLORIDA qa tts FLORIDA G sl04, SURVBY044Y 6473 SHEET:1 THIS IS NOT A BOUNDARY SURVEY HE 3 SHEETS SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1600 NE 2 AVENUE, MIAMI, FL. EXHIBIT "A" LEGAL DESCRIPTION This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making body will roNew the information at the public hearing to render a recommendation or a final decla on. PZ-22-15065 03/27/23 LOTS 11 AND 12, LESS THE SOUTH 5 FEET AND ALL OF LOTS 9 AND 10 AND ALLEY LYING BETWEEN, BLOCK 10, ROBBINS, GRAHAM AND CHILLINGWORTH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGE 492 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. LESS PROPERTY CONVEYED TO THE CITY OF MIAMI BY WARRANTY DEED RECORDED IN O.R. BOOK 12877, PAGE 2904, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 11 AND 12, BLOCK 10, "ROBBINS, GRAHAM AND CHILLINGWORTH OFBTDHESPUBLIACCORDINGCOFF THE PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 25 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF N.E. 1 COURT AND 30 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF N.E. 16 STREET. AND THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 30 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF N.E. 16 STREET AND 40 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF N.E. 2 STREET. CONTAINING 24589.3 SQUARE FEET (0.5645 ACRES), MORE OR LESS, BY CALCULATIONS. PREPARED BY: .1■/E LEVEL -TECH SURVEYORS, INC. LAND SURVEYORS * LAND PLANNERS 777 NW 72 NO AVENUE, SUITE 9134 MIAMI, FL 33125. TEL:305.261 .134E13 FAX:3D5.251 .8791 PREPARED FOR: Miami Cash Register Co., a Florida corporation FL LEVELTECh SURVEYORS, INC. 1.1SE NUS J6473 RONALD W. WALLING A SURVEYOR AND MAPPER Ovt% ST FLORIDAOH�LORIDA q FLOR44�� . OVAL S URV>✓ 6473 SHEET 2 OF 3 SHEETS LOT 11 ▪ 1 BLOCK 10 01 to yOS \!( ..,,,--5 O?2SOO 00— \ J9, 2g S 0 B.B.L. h5.00 I \` _ ------NST33'08°E?10 00'(�-213 921M) SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1600 NE 2 AVENUE, MIAMI, FL. EXHIBIT "A„ This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making body will roslew the information at the public hearing to render a recommendation or a final decla on. PZ-22-15065 03/27/23 LOT 7 BLOCK 10 N8733'08"E 2'10 LOT 8 BLOCK 10 of 34.0 m 1 � f= f m as U L0T10 a BLOCK 10 1° 1, rn I & in I 1 o Z I 3I 1 o r' I� w �I� 11L Z W i 1 BLOCK 10 l . nr,l Z M L en I 34.0— EL Iri LESS AND E?CPT N�O.R. B 12877 F.G. N.E 16 STREET N •33b8"E_ 274_00'CR)_-277.42(N)--_----------_ .00 _ 60' PUBLIC RIGHT- OF- WAY o I ru v 35.00 I i LOT 12 OQ`(R) 213.92'(M) ro 0 6 LOT 9 BLOCK 10 9 U LESS AND EXCEPTI _ O.R.B. 12877, PIG.. 2904 5.00. Lri 85.0 5.0 I GRAPHIC SCALE 50 25 0 LEGEND 1 inch = 50 feet PREPARED BY: ✓ �J�►!.6E1g LEVEL -TECH SURVEYORS, INC. LAND SURVEYORS + LAND PLANNERS 777 NW 72 NO AVENUE, SURE 2194 MIAMI, FL 331 26. TEL:305.281.8483 FAX:305.261 .8781 P/L = PROPERTY LINE • = CENTER LINE R. = RADIUS • = CENTRAL ANGLE L = ARC LENGTH (R) = RECORD P.B. = PLAT BOOK PG. = PAGE O.R.B. = OFFICIAL RECORDS BOOK (M) = MEASURED • = MONUMENT LINE PREPARED FOR: Miami Cash Register Co., a Florida corporation 5.0- 904 LEVE_TECh SURVEYORS, INC. ElkSE NttA, A* 6473 RONALD W. WALLING FLA SURVEYOR AND MAPPER A) Ovs% STS11z1[ffORLORIDDA / FLORIDA 6473 RONALD o:c„sign. by 14, s,oL� - - E-rE<„ a�ONAt gURVE�� W Boar ne, ap,4,p0000 C9C1, SHEET' WALLING oa0.O°=°bo��"=� THIS IS NOTABOUNDARYSURVEY HE 3 SHEETS