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Home My WebLink AboutPZAB (13058 ) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-038 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13058 Final Action Date: 4/11/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, 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 "T5-O" URBAN CENTER ZONE - OPEN TO "T6-8-O" URBAN CORE ZONE - OPEN OF THE PROPERTY GENERALLY LOCATED AT 3500 AND 3526 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Arthur Noriega V, City Manager of the City of Miami, ("Applicant") requested a change in zoning designation on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") from "T5-O" Urban Center Transect Zone — Open to "T6-O" Urban Core Transect Zone — Open for the parcels generally located at 3500 and 3526 North Miami Avenue, Miami, Florida ("Property"); and WHEREAS, the Applicant submitted all necessary information to change the zoning classification of the Property from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open; and WHEREAS, the Property is an assemblage of two parcels totaling approximately 9,000 square feet (0.2 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is General Commercial; and WHEREAS, the request to rezone the Property from "T5-O" Urban Center Transect Zone - Open to "T6-8-O" Urban Core Transect Zone - Open is consistent with the Property's existing future land uses ("FLU") of General Commercial, therefore, a concurrent Comprehensive Plan Amendment is not required; and WHEREAS, the property is currently developed with a two-story building, constructed in approximately 1945 and is bordered by residential and commercial uses; and WHEREAS, the Property is bounded by abutting property 3530 North Miami Avenue to the north, Northwest 35th Street to the south, North Miami Avenue to the east, and an alley to the west; and City of Miami Page 1 of 3 File ID: 13058 (Revision:) Printed On: 4/19/2023 WHEREAS, the Property is located in a portion of the Wynwood Norte Neighborhood Revitalization District ("NRD-2") neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the property was zoned "C-2" Liberal Commercial under the previous 11000 Zoning Code; and WHEREAS, the proposed rezone would bring the Property in line with the adopted Wynwood Notre Community Vision Plan (2019), which proposed "T6-8-O" Urban Core Transect Zone — Open; and WHEREAS, there was an omission, and the City inadvertently included the Property within the "T5" Urban Center Transect Zone - Open; and WHEREAS, the proposed "T6-8-O" Urban Center Transect Zone - Open classification would result in higher intensity and taller development; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Code, the request to change the zoning classification of the Property is consistent with the goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code, there is an established need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code, the proposed change is being made to the next intensity Transect Zone and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in Intensity and Building Height; and WHEREAS, the Planning Department recommends approval of the rezoning application from "T5-O" Urban Center Transect Zone — Open to "T6-8-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: City of Miami Page 2 of 3 File ID: 13058 (Revision:) Printed On: 4/19/2023 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, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"), by changing the zoning classification from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone for the property generally located at 3500 and 3526 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: cs Lakrsha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13058 (Revision:) Printed On: 4/19/2023 LEGEND EXHIBIT A - PZ 2211961 - Page 1 of 3 S, 5• ALLEY F.I.P / \ ASPHALT PA'VfMENT ]t@]B AKiUES WFS FDA 4327 SEAL LOT-313 BLOCK-1 O. U. L. IF 4'WIRE FENCE 5 Fd 6" SPIKE 1/2"0 tl O.U.L. Doll pi' /r C.P.P ONG. RETURN METER (US HWY 27) N.W. 36th STREET INC R/W LINE (State Road No. 25) LOT-3 BLOCK-1 TWO STORY # 3550 ADJACENT DWELLING 110.00' THIS PARCEL IS NOT —A PART .OF THIS REZONING APPLICATION f ififi*/3 /1r -J of •® 84.80' TWO STORY LOT-6 COMMERCIAL BUILDING BLOCK-1 # 3530-3526 Folio 01-3125-019-0030 107.50' F.I.P. 1/2"0 .8 p; BLOCK CORNER F.I.P. 1/2"0 .ic MLECT. CB.OTOR \6'METAL IL.' FENCE O. u.L. RESSLO CURB,, ASPHALT PAVEMENT LOT-7 (TYP) BLOCK-1 LOT LINE ICONCI / Folio: 01-3125-019- OOSD TWO STORY COMMERCIAL BUILDING # 3500 93.1 D' PLANTER _ 90N' ' . 110.00'• 5' CONC. SIDEWALK /. 7.60' PARKWAY P.P. ANCHOR "-2' CURB & GUTTER 22' ASPHALT PAVEMENT 50. D0' TOTAL R/W N.W. 35th STREET 1 INLET Fd NAIL BLOCK CORNER 07 "THIS SURVEY DECLARATION IS MADE ON THE FIELD DATE INDICATED, TO THE OWNERM) LISTED. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS." ry — 5' 2.04' m 2.D0' CITY OF MIAMI BM 35.DD'- DEPRESSED CURB BLOCK CORNER Fd N0D LBp7104 70.00' TOTAL R/W N.E. CORNER SECTION 25-53-41 .H. STORM M.H. N. MIAMI AVENUE LIMIT OF PLAT Bearing, if any, shown based on 4 F� e � Cr, RC O B `�^ NOTICE This submittal needs to be scheduled fora public hearing in accordance with timelines set forth in the City of Marni Code. The appllwble decision -making body will review the information at the public hearing to render a recommendation or a final decision. This property described as: Lots 6, 7 and 8, in Block 1, WYNDWOOD PARK, according to the Plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Miami -Dade County, Florida. Certified to: 3500 Wyndwood Corp 3526 Wyndwood Corp Address: 3500 N. Miami Avenue, Miami, FL 33127, Folio: 01-3125-019-0050 3526 N. Miami Avenue, Miami, FL 33127, Folio: 01-3125-019-0030 CITY OF MIAMI ATLAS 21C NOTE: -City of Miami Atlas 21C -By Plat (PB. 5, PG. 23 Miami -Dada) there are reversion rights over the RIGHT OF WAY (West 15 Allay South NW 35 ST East N. Miami Ave). (reference) N/A REVISIONS FLOOD ZONE COMM No 120650 PANEL Na 0312 SUFFIX FIRMDATE 09111109 FIRM INDEX 091,109 N/A N E L "G V Not valid unless it bears the of Florida licensed BOUNDARY SURVEY. I HEREBY CERTIFY: that this survey meets the standards of pr. .s set f• th by the FLORIDA BO iFESSI #. SURVEYORS AND MAPPERS In • pter 5J-1/onda Administrative Code, pursuan o SedinnOPT Florida Statutes. ES 01/24/22 PR e ESSIONA SURVEYOR AND MAPPER No. 4327. State of Florida. Alvarez, Aiguesvives and Associates, Inc Surveyors, Mappers and Land Planners 9789 Sunset Drive, Miami, FL 33173 Phone 305.220.2424 Fax 305.552.8181 L.B. No. 6867 / E-mail: aaasurvey@aol.com Field Date Scale'. Drawn by. Drwg. No. 01/20/22 1"=20' R.S. 22-23441 EXHIBIT A - PZ 2211961 - Page 2 of 3 » MOUIZVEB - +t W*321 ttt STAh O 4 UM1V EVd''`�� nn liva�SSSEAL 0 15 30 I I I SCALE IN FEET LOT-38 BLOCK-1 AREA SQ. FT. ±5939.95 ACRES ±0.1363 EXHIBIT A SKETCH OF LEGAL DESCRIPTION LEGAL DESCRIPTION (FOLIO# 01-3125-019-0050) Lots 7 and 8, in Block 1, WYNDWOOD PARK, according to the Plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Miami -Dade County, Florida. (US HWY 27) N.W. 36th STREET EXISTING R/VY LINE (State Road No. 25) LOT-6 BLOCK-1 N.W. 35th STREET NOTE: -By Plat (PB. 5, PG. 23 Miami -Dade) there are reversion rights over the RIGHT OF WAY (West 15 Alley South NW 35 ST East N. Miami Ave). ADDRESS: 3500 N. Miami Avenue, Miami, FL 33127 a BLOCK CORNER BLOCK CORNER — 5' — 5' Ci Z ABBREVIATIONS: = Center Line v1 = Monument Line P.O.C.= Point of Commencement P.O.B.= Point of Beginning N This submittal nl in accordant Miami Code. T review the info recor DATE: 02/01 /22 Alvarez, Aiguesvives and Associates, Inc. L.B. No. 6867 Surveyors, Mappers and Land Planners 5701 S.W. 107th Avenue # 204, Miami, FL 33173 Phone 305-220-2424 Fax 305-552-8181 This Sketch is not a Survey, not valid without the signature and the original raised seal of a Florida L. -. — ' eyor �- i Mapper. VIVES 05/16/11 PR I ESSIO A SURVEYOR AND MAPPER No. 327. State of Florida. 22-23441 EXHIBIT A - PZ 2211961 - Page 3 of 3 0 15 30 SCALE IN FEET EXHIBIT B SKETCH OF LEGAL DESCRIPTION LEGAL DESCRIPTION (FOLIO# 01-3125-019-0030) Lot 6, in Block 1, WYNDWOOD PARK, according to the Plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Miami -Dade County, Florida. (US HWY 27) N.W. 36th STREET EXISTING R/W LINE (State Road No. 25) - LOT-5 BLOCK-1 LOT-38 BLOCK-1 110.00' LOT-6 BLOCK-1 4P kh 90 0 Y BLOCK CORNER 110.00' L1 LOT-7 BLOCK-1 AREA SQ. FT. ±2970.00 ACRES ±0.06818 N.W. 35th STREET NOTE: -By Plat (PB. 5, PG. 23 Miami -Dade) there are reversion rights over the RIGHT OF WAY (West 15 Alley South NW 35 ST East N. Miami Ave). ADDRESS: 3526 N. Miami Avenue, Miami, FL 33127 i1 I 1 o -0/ BLOCK CORNER 35.00' 35.00' N. MIAMI AVENUE ABBREVIATIONS: = Center Line v1 = Monument Line P.O.C.= Point of Commencement P.O.B.= Point of Beginning N This submittal nl in accordant Miami Code. T review the info recor DATE: 02/01 /22 Alvarez, Aiguesvives and Associates, Inc. L.B. No. 6867 Surveyors, Mappers and Land Planners 5701 S.W. 107th Avenue # 204, Miami, FL 33173 Phone 305-220-2424 Fax 305-552-8181 This Sketch is not a Survey, not valid without the signature and the original raised seal of a Florida L. ` ' eyor y:. Mapper. VIVES 05/16/11 PR I ESSIO A SURVEYOR AND M PPER No. 327. State of Florida. 22-23441