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Home My WebLink AboutPZAB (13945) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-116 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13945 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 CODE") AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED TO "T5-O" URBAN CENTER TRANSECT ZONE — OPEN FOR THE PROPERTY APPROXIMATELY LOCATED AT 118 SOUTHWEST SOUTH RIVER DRIVE AND 437 AND 445 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, River Inn SRD, LLC ("Applicant") owns the properties generally located at located at 118 Southwest South River Drive and 437 and 445 Southwest 2 Street, Miami, Florida ("Properties"); and WHEREAS, the site is 1.637 ± acres in size and is located in east Little Havana, close to the Miami River; and WHEREAS, the Applicant has submitted a request to change the zoning classification from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open; and WHEREAS, the Applicant has submitted a companion Comprehensive Plan Amendment (PZ-19-4230) to change the Future Land Use designation of the Property from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial"; and WHEREAS, the Properties, except for the property at 445 Southwest 2 Street, comprise the majority area of the South River Drive Historic District, designated in 1987 through Ordinance 10213; and WHEREAS, the Properties have continuously contained some type of hotel or transient residential use since their development in 1908; and WHEREAS, the South River Drive District Designation Report identified four (4) contributing and five (5) non-contributing structures on the Property; and City of Miami Page 1 of 4 File ID: 13945 (Revision:) Printed On: 1/11/2024 WHEREAS, the State of Florida's Division of Historical Resources listed 118 Southwest South River Drive, 445 Southwest 2nd Street, and 437 Southwest 2nd Street on the National Register of Historic Places, as the "South River Drive Historic District" on March 30, 1987; and WHEREAS, the Property is located along the Southwest 1 Street Transit Corridor and within the Government Center Transit Oriented Development ("TOD"); and WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code Code") provides that a change to the Miami 21 Code Atlas may be made only to the next Transect Zone and shall maintain the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open is successional; and WHEREAS, a review of the former Zoning Ordinance 11000 shows that the Property along with the remainder of the properties on the south side of Northwest North River Drive were designated "R-3" Multifamily Medium -Density Residential Zoning District, which is similar to the Miami 21 Code "T5-L" Urban Center Transect Zone — Limited and "T5-O" Urban Center Transect Zone - Open (65 DU/AC); and WHEREAS, the Property and others located to the east were zoned "R-3" under Zoning Ordinance 11000 and, with the adoption of Ordinance 13114, Miami 21 Code, these properties were downzoned to "T4-R" General Urban Transect Zone — Restricted (36 DU/AC) to buffer the single-family residential properties at the center of the Historic District from the encroachment of incompatible Uses, Height, and Density; and WHEREAS, no recent changes have been made to the Transect boundaries in the area since the adoption of Miami 21 Code; and WHEREAS, the Applicant has provided an analysis that reveals that several multifamily residential buildings have been constructed in the areas to the north, east, and south of the Property; and WHEREAS, these projects were designed in accordance with the underlying development standards at the time they were entitled, and correspond to the transitional development pattern that was established with the adoption of Miami 21 Code; and WHEREAS, the City of Miami Planning Department Staff found FLUM Density under the permissible development limit in the neighborhood analysis of SW South River Drive — East Little Havana; and City of Miami Page 2 of 4 File ID: 13945 (Revision:) Printed On: 1/11/2024 WHEREAS, the requested change in zoning from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open would increase the maximum Density allowed from 36 DU/AC to 65 DU/AC and the maximum number of stories from three (3), 40-feet maximum, to five (5), 81-feet maximum By Right; and WHEREAS, the increase in Density, Height, and development capacity are compatible with the historic development patterns within this neighborhood which are primarily low and medium density residential; and WHEREAS, a HEPB Resolution — File ID 15-01327, with an Enactment date of November 3, 2015, approved an application for a Special Certificate of Appropriateness for Exceptions to non-contributing and contributing structures located at 118 Southwest South River Drive, 445 Southwest 2nd Street, and 437 Southwest 2nd Street, within the South River Drive Historic District; and WHEREAS, the Applicant was granted three (3) Uses on the property: 1) to permit a Hotel Use, 2) to permit an accessory Food Service Establishment Use, and, 3) to permit Outdoor Dining Area Use to non-contributing and contributing structures; and WHEREAS, the current Uses (Lodging, Food Service Establishment, and Outdoor Dining Area)), as approved under HEPB Resolution — File ID 15-01327, are prohibited per Article 4, Table 3 of Miami 21 Code for the "T4-R" Transect Zone; and WHEREAS, the Applicant seeks to align the three Uses (Lodging, Food Service Establishment, and Outdoor Dining Area) as approved under HEPB Resolution — File ID 15-01327 with Miami 21 Code through this Rezoning application from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open; and WHEREAS, the requested change in zoning does further the goals and objectives of the Miami Neighborhood Comprehensive Plan; and WHEREAS, the proposed change does maintain 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 deemed appropriate considering the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the requested change is consistent with the intent of Chapter 23 of the City Code of Ordinances, as amended, and the Intent and Guiding Principles of Article 2 of Miami 21 Code; and WHEREAS, the Planning Department recommends approval for the request to change the zoning designation for the Property from "T4-R" General Urban — Restricted City of Miami Page 3 of 4 File ID: 13945 (Revision:) Printed On: 1/11/2024 to "T5-O" Urban Center — Open, 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, Planning, Zoning and Appeals Board (PZAB) has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change necessary; 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 approval of this amendment to the Miami 21 Code 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 amending the Zoning Atlas of Ordinance No. 13114, ("Miami 21 Code Code") as amended, by changing the zoning classification "T4-R" General Urban — Restricted to "T5-O" Urban Center — Open for the property generally located at 1100 and 1110 Northwest North River Drive, 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: David Snow AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 13945 (Revision:) Printed On: 1/11/2024 �ll JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers 777 "58aAVERUE E20IT SOUTH SUITE30NO H: 1306) FLOe2oo00 Hi:: 2126 CAPE 30) COPAL, o' FAX : (305) 262-0901 FAX: (239) 650-2664 TREE TABLE O. O. O. 110 110 110 110 110 Oak Oak 110 110 Oak Oak 110 SHEET: 1 OF 2 SHEETS ALTA/ACSMLand Title Survey Note: the Survey Sketch is not a survey SKETCH OF LEGAL DESCRIPTION Prepared For: MIAMI RIVER INN HOLDINGS LLC Project Atldren.s: 4454, SW 2nd ST , MIAMI FL, 33130 118 SW S RIVER OR, MIAMI FL, 33130 Project Location: MIAMI-DADE COUNTY SECTION V. IDINNSFIIP EAST SECTION 38.70wNSHIP S TH4142 QIEAST SELMN Xt. TOWNSHIP . SOWN RANGE EAST Farm Numbers: 01-0201-080-11S0 01-0201 -080-1 160 01-0201-080-1020 Job Number: 15-000907-1 LDS7B06 LAND SURVEYOR 8 MAPPER CARLOS MARRA P.L.S. No. 6770 (STATE OF FLORIDA) Drawn By: MCH Field Oat: 03,162014 Date: Revision: Date: Revision: W. 72r, AVENUE SUIT E302S AMI FLORIDA 33. TELEPHONES (vl5p2-0W0 FAX(33022E2-0401 3o1in Jbnrrn Anti Assnr.,Jnr. LAND SURVEYORS No 8770 '6PP4 -:p151 ...v..u.m.er...o,..o..om. m SEAL