HomeMy WebLinkAboutPZAB (13073) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-031
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13073 Final Action Date: 3/15/2023
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, AS AMENDED, ("MIAMI 21 CODE"), BY CHANGING
THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER TRANSECT ZONE -
LIMITED TO "T6-8-L" URBAN CORE TRANSECT ZONE -LIMITED FOR THE
PROPERTY GENERALLY LOCATED AT 1250 NORTHWEST 22 AVENUE, MIAMI,
FLORIDA, ("THE PROPERTY") AS MORE PARTICULARLY DESCRIBED IN
COMPOSITE EXHIBIT "A"; , FURTHER RECOMMENDING TO THE CITY
COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT,
ATTACHED AND INCORPORATED AS EXHIBIT "B" MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property in generally located at 1250 NW 22 Avenue Miami,
Florida, and is zoned from "T5-L" Urban Center Transect Zone — Limited to "T6-8-L"
Urban Core Transect Zone -Limited; and
WHEREAS, the Polish American Club of Miami ("Applicant") has submitted a
request to change the zoning classification "T5-L" Urban Center Transect Zone —
Limited to "T6-8-L" Urban Core Transect Zone -Limited for 1250 NW 22 Avenue
(collectively the "Property"); and
WHEREAS, the Applicant has voluntarily proffered a draft Covenant attached
hereto as Exhibit B, that proffers "workforce housing and limits the height of any portion
of a building fronting 22 Avenue to not exceed more than five (5) stories (or a maximum
of 81 feet in height) for the first 50 feet of the property located west of 22 Avenue"; and
WHEREAS, the Property is an assemblage of one (1) parcels totaling
approximately 80,256 square feet (1.84 acres) of land;
WHEREAS, the Future Land Use Map designation is Medium Density Restricted
Commercial; and
WHEREAS, the request to rezone the from the "T5-L" Urban Center Transect
Zone - Limited to the "T6-8-L" Urban Core Transect Zone - Limited is consistent
inconsistent with the Property's existing future land uses ("FLU") of Medium Density
Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment is
required and has been submitted as a companion application PZ-22-12001; and
City of Miami Page 1 of 3 File ID: 13073 (Revision:) Printed On: 3/17/2023
WHEREAS, the property is currently vacant, and is bordered by Civic and
Residential uses; and
WHEREAS, the Property is bounded by NW 14 Street to the north, Comfort
Canal to the south, NW 22 Street to the east and NW 23rd Street west; and
WHEREAS, Property is located in a portion of the Allapattah neighborhood
where there are a variety of zoning designations, commercial uses, and housing types;
and
WHEREAS, the property was zoned R-3 under the previous 11000 Zoning Code,
which permitted 65 dwelling units per acre; and
WHEREAS, The Polish American Club of Miami Inc. (PACOM) was originally
founded in 1938 and has served as the focal point for Polish civic and cultural life in
Miami since its founding; and
WHEREAS, the proposed "T6-8-L" Urban Core Transect Zone -Limited
classification would result in higher intensity and taller development; and
WHEREAS, this request to Rezone the Property is inconsistent with the MCNP;
and
WHEREAS, the proposed application is inconsistent with Miami 21, Article 7,
Section 7.1.2.8.f1(b); and
WHEREAS, the changes are unnecessary and inconsistent with Miami 21, Article
7, Section 7.1.2.8.f1(b); and
WHEREAS, the proposed application is inconsistent with Miami 21, Article 7,
Section 7.1.2.8.f.2 in that is successional; and
WHEREAS, the proposed zoning change can be deemed inappropriate in light of
the intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends denial of the rezoning
application from "T5-L" Urban Center Transect Zone — Limited to "T6-8- L" Urban Core
Transect Zone - Limited; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive
Covenants does not affect the Planning Department's recommendation or analysis; and
WHEREAS, the Property Owner(s) shall fulfill all necessary requirements to
effectuate the rezoning of this Ordinance within 30 days from the adoption of this
Ordinance; and
City of Miami Page 2 of 3 File ID: 13073 (Revision:) Printed On: 3/17/2023
WHEREAS, Planning, Zoning and Appeals Board (PZAB) has considered the
Applicant's justification as well as the Planning Department recommendation; 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 ("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
"T5-L" Urban Center Transect Zone — Limited to "T6-8- L" Urban Core Transect Zone -
Limited; and, for the property generally located at 1250 NW 22 Avenue, Miami, Florida,
as described in "Exhibit A", attached and incorporated, further recommending to the City
Commission acceptance of the voluntarily proffered covenant, attached and
incorporated as Exhibit "B".
Section 3. PZAB recommends that the City Commission accept the voluntarily
proffered Declaration of Restrictive Covenants, attached, and incorporated as Exhibit
<< B„
Section 4. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 3 of 3 File ID: 13073 (Revision:) Printed On: 3/17/2023
EXHIBIT "A"
LEGAL DESCRIPTION
Beginning at a point 500 feet South of the Northeast corner of the Southwest 1/4 of Sect
Township 53 South, Range 41 East; running thence West 330 feet to the West line of the Eas
of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 34; thence South along the
said West line of the East 1/2 of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 34 a
distance of 257.15 feet, more or less to the middle of the channel of the South Fork of the
MIAMI RIVER; thence Easterly along the center of said channel 330 feet more or less to the
East line of the Southwest 1/4 of said Section 34, Township 53 South, Range 41 East to the Point
of Beginning, less the East 40 feet.
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Cede. The applicable decision -making body will
redew the information at the pubc hearing to render a
recommendation or a final decla on.
PZ-22-12002
03/10/23
SURVEYOR'S NOTES:
1. MAP OF BOUNDARY SURVEY
Field Survey wos completed on: January 41h. 2022
2. LEGAL DESCRIPTION.
Beginning at a point 500 feel South of the Northeast corner of the Southwest 4 of Section 34,
Tow
Range 41 East; running thence West 330 feet to the West line of the East
1/2 n 1ship 53 /2 of 1/4 1/4 thence
South olong Ea tt 1/2 of
the
East 1/2 of the Norttheastu1/43 of the
Southwest /4 of Section 34 a distance of 257,15 feet. more or less to the middle of the
channel F feet m sto the East of the
nMI RIVER,
Southwest 1/4 a said Section 34: thence Nort
h
th
along the East line of the Southwest 1/4 of said Section 34, Township 53 South, Range 41
East to the Point of Beginning, less the East 40 feel,
Folio No 01-3134- 000-0230
The above captioned properly was surveyed based on the above Legal Description as per Official
Records Book 25329, Page 1364 of the Public Records of Miami Dade County, Florida.
For
Containing 79.284 .Square only: feet or 1,82 Acres. more or less, by calculation to the Survey Tie line
3. SOURCES OF DATA'.
AS TO VERTICAL CONTROL
Flood
By scaled determination the subject properly lies in Zoe AE, Bose Flood
Agencyper Federal Emergency Management (FEMA) Cammunit,Panel Number 120650, Mop No,
12086C0311. Suffix L. Revised Date, 09-11-2009,
An occurote Zane determination should be made by the preparer of the mop. the Federol
Emergency Management Agency, or the Local Government matters prior to any judgments being mode from the
ne as noted, The referenced
deral
insurance purposes y AgencyEmergency Monagement Map states in the notes to Agency
user that this mop isfor
The vertical control V..92ent f the survey as dewed from theNationalGeodetic Vertical
Datum 192 ( D
Benchmarks used,
City of Miami Benchmark Elevatiorr8.09 (Adjusted to NCVD 1929)
Sw_ 14th Street & Sw_ 23rd Avenue
City
of MiamiElevation=7.51' (Adjusted to NGVD 1929)
Locati
: SE corner af
S.W. 14Street & S.W. 23rd Court
AS TO HORIZONTAL CONTROL:
NO! th Arrow and Bearings refer to an assumed value of N00.44.00-W along the Easterly line of
the Subject properly, Miarni-Dade County, Florida, Sold line is considered well established and
- Right of oway Map dRaoad Na. pe13, N.W. 22nd Avenue, Section 87504-2603,
Miami -Dade ty. Florida.
- City of Miami Atlos Sheet 25K. Miomi-Dade County. Florido,
- Plat Book 65. Page 75 FULTON SUBDIVISION. Miami -Dade County. Florida.
e30 AUTNER'S SUBDIVISION, M - m
County.
a.
- Plat Book 81. Pagey. 68 EAGLE SUBDIVISION. Miami -Dade County.
- Plot Book 71, Poge 79 MAKOSKY SUBDIVISION, Miami-Dode County, Florida.
ae in Official
legal 364 of iM1e Public MORTGAGE
recorded
Records
32
Recardsof Miami Dade County, Florida, as evidenced thereon
No title search has been conducted by. n a true report provided to the surveyor.
nrd/or races alfec g e subject
property not disclosedmhereonrlth i of title would revdene.
(47
14
BOUNDARY SURVEY
of
1250 N.W. 22nd AVENUE, MIAMI,
MIAMI-DADE COUNTY, FLORIDA 33125
for
THE POLISH AMERICAN CLUB, INC.
107)
15
[V (66-114)
iJ3 y`TR. B TR, A
z
TRACT A
(86-15)
(82- 79)
TR. A
N.W 14th STREET
TRACT A
(55-21)
NOT SUBDIVIDED
TRACT A
(66-68)
TRACT A
(10M- 30)
TRACT A
(81-58)
TRACT A
(31-79)
TRACT A
(82-40)
NOT SUBDIVIDED
PORTION OF SEC.
34-53-41
'SOUTH FORK MIAMI RIVER
SKETCH OF BOUNDARY SURVEY is bosed on:
(P) d (D) (Le on) d (R) a
Calculated' (C) dimensions Baer deline'aated hereon All dimensions a based directly on the
recovered manumentation. unless =)a
otherwiseplats listed before Record dimensions ) noted City or
Deportment Municipal Atlos Sheets Although the information depicted on said Mop wos
prepared from the best available any errors or an-ass'ions Calculated °or
_Oa Miami
Public Works Deportment Municipol Atlas Sheets. recorded plots ond field meosurements
Right
Way as
shown s based
on City o1 Miami Atlas Sheet 25K, Miami -Dade County,
Florida Dodon the Rightof Way Map Slate Road No. S-813, N.W. 22nd Avenue, Section
County. Point E1/2-E1/2-NE1/4-SN1/4 of Section
34e53-nen 41 and t center of the South Fork Miame of i River based on the Legal description o
the Subject Property an per O.P B 25329, Page 1364. is located more or less 257 15 feet
of the NW Corner of the Subject Properly
on
nd it
South
s the a enter o said South Fork MiamiRiver(saidNWaCorner sofeMe t coincident
With Subject
located line
1 South of and
alnlfteasLine
NE1/4'SW1/4 of Section34-53-41)Also based on the distance ohEline of the
adiaining
(as n Plot of Kossuth Po. recorded in P.
Book55 al Page 21)5 Subject
the legal description saidplat described the south boundary line
(Platof Tract A 21) a
the North b of Book South Fork Miami sRiver, Said south location
b boundarylineli cated on a
point ± 678 feel South of the NW Corner of the E1/2-E1/2- E1/4- 1/4 of soid
Section
41, confirms that the location of the center of the South Fork Miami River
as 3- r legal dnot coincident with the actual phaninal Vocation
of sold center of South Fork Miomi River.
The Survey Tie line
as defined by JBA using the approximate p1
point of section of the
West line of the E1/2-E 1/2-NE 1/4-SW 1/4 of Sec. 34- - center of South
Fork Miami River as per legal description and a point located on the West Right of Way line
of N 22nd Avenue. 40 feet West of
e Eost line of NE 1/4-SW 1/4 of Sec 34-53-41.
based on the recovered distance between
feel West of said East line of NE1/4-SW1 points "'mate 35
/4of Sec 34-53-41 as reference.
4. ACCURACY
,e accuracy obtoined for oll horizontal control measurements and office calculations of closed
metric
s. meets or exceeds the Standards
of Practice as set forth
lorida Board
of aPrafesslolnnol eSurveyors o con ed an Chop J- 1T. 051(3)(b)15. p4F FAC o11
foot in 7.500 feet for Suburban Areas
5. LIMITATIONS
Since no other inMrootion Other than What is cited in the Sources of Data was furnished, the
Client is hereby advised that there may be legal restrictions on the Subject Property that are
not shown on the Survey Map or contained within this Report that may be found in the Public
Records of Miami -Dade County. or the records of any other public and private entities as their
dictions
tion os to ownership or
then Subject Property by any entity Surveyor Individual aw may as records, No ssession of
excavat`on
or determination was mode as to how the Subject Properly is served by utilities. No
impro
ments were located. other than those shown. No underground foundations,
Practice for Land lid/oreutilities were located
Surveying in the State of Florida. pursuant to Rule 5J-17 of the Florida
Administrative Cade.
Notice is hereby given that Sunshine Stote One Call of Florid, Inc must be contacted at
1-800-432-4770 at least 45 hours in advance of any construction, excavation or demolition
activity within, upon, abutting or adjacent to the ubject Properly ,is Notice is given in
Chapter 556. o of compliance with the "Underground
StatuteamagesPreventon and Safety Act.- pursuant to
CERTIFY TO:
LOCATION SKETCH
NOT To SCALE SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: That the Boundary Survey of the above described property is true
and correct to the best of my knowledge and belief as recently surveyed under my
direction. Further, there are no above ground encroachments unless shown. This survey
meets the set forth by t Surveyors
lid Mappers `aind Chapter SJ c1iTe Flarido Administeotive Code, Board pursuanttosection4T202T
Florida Statutes. Examination of the abstract of title w eatoabe made to determine
corded Instruments, It one, affecting se the property. Location and In not reque t utilities
adjacent to the property were not secured as such information was not requested.
Ownership is subject to opinion of title•
J. Bonfill & Associates, Inc.
Florida Certificate of Authorization Number LB 3398
APPROVED: ORIA J. SUAREZ, P.S.M.
SAE OF FLORIDA LICENSE No. 6781 DATE 01-1E-2022
NOTE Not valid without the signature and original rased s a Florida Licensed
Surveyor a Survey M seal
o an the signing
Mapper. A -- r
party are prohibited withouttheor
deletions
of the signing party.
Checked: S.S
Scat, AS SHOWN
FREIE., FILE
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