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HomeMy WebLinkAboutPZAB (14776) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-102 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14776 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL WITH CONDITIONS OF AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 AND ARTICLE 4, DIAGRAM 11 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") AND CHAPTER 23, TITLED "HISTORIC PRESERVATION," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") TO ALLOW FOR THE TRANSFER OF DEVELOPMENT DENSITY OF ONE (1) DWELLING UNIT TO AN EXISTING MULTIFAMILY BUILDING LOCATED WITHIN A TRANSIT ORIENTED DEVELOPMENT ("TOD") AREA FOR THE REAL PROPERTY DESIGNATED "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED, GENERALLY LOCATED AT 3265 BIRD AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A" ("PROPERTY"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bolonki, LLC ("Applicant") applied to the City of Miami ("City") for an Exception to allow for the transfer of one (1) dwelling unit to an existing Multi -Family Building, pursuant to Article 4, Diagram 11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and Chapter 23, titled "Historic Preservation," of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the property located at 3265 Bird Avenue, as more particularly described in the attached and incorporated Exhibit "A", ("Property") is zoned "T4-L," General Urban Transect Zone - Limited; and WHEREAS, Article 4, Diagram 11 of the Miami 21 Code requires an Exception with City Commission approval to allow one (1) additional dwelling unit at an existing Multi -Family Building located within a Transit Oriented Development area ("TOD") through the Transfer of Development Density program for a property located within a "T4-L," General Urban Transect Zone — Limited zoning designation; and WHEREAS, the allowable development density in a "T4-L," General Urban Transect Zone — Limited, is thirty-six dwelling units per acre; and WHEREAS, the Property site is 0.164 acres; and WHEREAS, the number of permitted dwelling units on the Property is 10; and WHEREAS, the existing Multi -Family Building is developed with 10 dwelling units; and WHEREAS, the Property is located within a TOD; and City of Miami Page 1 of 3 File ID: 14776 (Revision:) Printed On: 1/11/2024 WHEREAS, Chapter 23 of the City Code establishes the Transfer of Development Density program; and WHEREAS, the transfer of one (1) dwelling unit would be transferred from a designated historic resource; and WHEREAS, the transfer of one (1) dwelling unit would result in 11 dwelling units on the Property; and WHEREAS, the Planning Department finds the proposed increase in development density to be consistent with Article 4, Diagram 11 and Article 7, Section 7.1.2.6 of the Miami 21 Code as well as Chapter 23 of the City Code; and WHEREAS, the proposed Exception is consistent with the goals of the Miami 21 Code and the Miami Comprehensive Neighborhood Plan ("MCNP") policy TR 1.1.5's intent to encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors, transit nodes, and transit centers; and WHEREAS, the Planning Department reviewed the application and found the proposed Exception is consistent with the goals of the Miami 21 Code and the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Planning Department, pursuant to Article 4, Diagram 11 and Article 7, Section 7.1.2.6 of the Miami 21 Code as well as Chapter 23 of the City Code recommended approval of the Exception, with conditions; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to recommend approval with conditions of the requested Exception; 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 hereby recommends approval to the City Commission of the Exception pursuant to Article 7, Section 7.1.2.6 and Article 4, Diagram 11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and Chapter 23, titled "Historic Preservation," of the Code of the City of Miami, Florida, as amended, ("City Code") to allow for the transfer of one (1) dwelling unit at a Multi -Family building located within a Transit Oriented Development, for the property located at 3265 Bird Avenue, as more particularly described in the attached and incorporated Exhibit "A", ("Property"), which is zoned "T4-L," General Urban Transect Zone — Limited, subject to the following conditions: City of Miami Page 2 of 3 File ID: 14776 (Revision:) Printed On: 1/11/2024 1. The Applicant shall obtain a Certificate of Transfer for the transfer of development density prior to the issuance of the building permit. 2. The Applicant, owner, and any successor shall comply with the requirements of all applicable Departments/Agencies as part of the City of Miami building permitting process. 3. The Applicant, owner, and any successor shall comply with all applicable building codes, land development regulations, ordinances, and other laws and pay all applicable fees due prior to the issuance of a building permit. 4. Pursuant to Article 7, Section 7.1.2.6(e), an Exception shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed one (1) additional year, may be obtained under the approval of the Planning Director. 5. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to the City Code. 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 be effective immediately upon its adoption. Reviewed and Approved: David Snow AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 14776 (Revision:) Printed On: 1/11/2024 Legal Description Lots 3 and 4, less the South 20 feet thereof, Ewan Peacock's Subdivision according to the recorded in Plat Book 1 Page 195, Public Records of Miami -Dade County, Florida. This submittal needs to be scheduled for a pubic hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -malting body NOR rodew the intonation al the pubc hearing to render a recommendation or a final decid on. PZ-23-16171 10/04/23