HomeMy WebLinkAboutPZAB (14780) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-121
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 14780 Date Rendered: 1/04/2024
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 "T3-O," SUB -URBAN TRANSECT ZONE — OPEN
TO "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN FOR THE PROPERTY
GENERALLY LOCATED AT 7816 NW 2 COURT AND BY CHANGING THE ZONING
CLASSIFICATION FROM "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN TO
"T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED FOR THE PROPERTIES
GENERALLY LOCATED AT 260 NW 79 STREET, 290 NW 79 STREET, 294 NW 79
STREET, 7835 NW 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties are generally located at 7816 Northwest 2 Court, 260
Northwest 79 Street, 290 Northwest 79 Street, 294 Northwest 79 Street, 7835
Northwest 3 Avenue, Miami, Florida (collectively the "Property"); and
WHEREAS, the Property is an assemblage of five (5) parcels totaling
approximately 40,330 square feet (0.93 acres) of land; and
WHEREAS, the Applicant has submitted a request to change one (1) parcel of
the Property: 7816 Northwest 2 Court from "T3-O" Sub -Urban Transect Zone — Open to
"T4-O" General Urban Transect Zone — Open and to change the remaining four (4)
parcels: 260 Northwest 79 Street, 290 Northwest 79 Street, 294 Northwest 79 Street,
and 7835 Northwest 3 Avenue from "T6-8-O" Urban Core Transect Zone — Open to "T6-
8-L" Urban Core Transect Zone — Limited; and
WHEREAS, the Miami Comprehensive Neighborhood Plan's ("MCNP") Future
Land Use ("FLU") designation for 7816 Northwest 2 Court is "Duplex Residential" and
the MCNP's FLU designation for the remaining four (4) parcels 260 Northwest 79
Street, 290 Northwest 79 Street, 294 Northwest 79 Street, and 7835 Northwest 3
Avenue are "General Commercial"; and
WHEREAS, the request to rezone the Property from "T3-O" Sub -Urban Transect
Zone — Open to "T4-O" General Urban Transect Zone — Open is inconsistent with the
Property's existing MCNP's FLU of "Duplex Residential", therefore, a concurrent
Date Rendered: 1/04/2024
City of Miami Page 1 of 4 File ID: 14780 (Revision:) Printed On: 1/4/2024
Comprehensive Plan Amendment is required and has been submitted as a companion
application PZ-23-15933; and
WHEREAS, the parcel at 290 Northwest 79 Street has one (1) Structure built
circa 1959, and the parcel at 260 Northwest 79 Street has one (1) Structure built circa
1965 and is bordered by both Commercial and Residential Uses; and
WHEREAS, the Property is bounded by the following thoroughfares: Northwest
79 Street to the north, Northwest 2 Court to the east, Northwest 77 Street to the south,
and Northwest 3 Avenue to the west; and
WHEREAS, the Property is in a portion of the Little Haiti Neighborhood where
there are not a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the parcel at 7816 Northwest 2 Court was zoned R-2 under
Ordinance No. 11000 (the "Previous Zoning Code) which permitted 18 dwelling units
per acre; and
WHEREAS, the four (4) parcels at 260 Northwest 79 Street, 290 Northwest 79
Street, 294 Northwest 79 Street, and 7835 Northwest 3 Avenue, were zoned C-2 under
previous Zoning Code, which permitted 65 dwelling units per acre; and
WHEREAS, the proposed "T4-O", General Urban Transect Zone — Open
classification will result in higher intensity and taller development; and
WHEREAS, the application is consistent with Miami 21, Article 7, Section 7.1.2.8.f.1.a;
and
WHEREAS, this request to Rezone the Property is consistent with the City of
Miami Neighborhood Comprehensive Policy's intent of Policy TR-1.1.5, which makes
the request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1; and
WHEREAS, this request to Rezone the Property is consistent with the MCNP's
Objective LU-1.2 to promote, facilitate and catalyze the redevelopment and revitalization
of blighted, declining, or threatened residential, commercial and industrial areas, which
makes the request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1;
and
WHEREAS, the proposed application is consistent with Miami 21, Article 7,
Section 7.1.2.8.f.1.b; and
WHEREAS, there are changing conditions to the Miami 21 Atlas in the form of
the recently enacted rezone by Ordinance 14024, which is within close proximity to the
Applicant's properties, deeming the changes necessary and consistent with Miami 21,
Article 7, Section 7.1.2.8.f.1.b; and
City of Miami Page 2 of 4 File ID: 14780 (Revision:) Printed On: 1/4/2024
WHEREAS, the proposed application is consistent with Article 7, Section
7.1.2.8.f.2 of the Miami 21 Zoning Code in that it is Successional going from om "T3-O,"
Sub -Urban Transect Zone — Open to "T4-O," General Urban 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 "T3-O," Sub -Urban Transect Zone — Open to "T4-O," General Urban
Transect Zone — Open; and
WHEREAS, the Planning, Zoning and Appeals Board (PZAB) has considered the
Applicant's justification as well as the Planning Department recommendation; and
WHEREAS, the 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 of the
parcel located at 7816 Northwest 2 Court from "T3-O" Sub -Urban Transect Zone —
Open to "T4-O" General Urban Transect Zone — Open, as described in "Exhibit A",
attached and incorporated.
Section 3. The PZAB further recommends that the City Commission Approve
the request to amend the Zoning Atlas of the Miami 21 Code, as amended, by changing
the zoning classification of the four (4) parcels located at 260 Northwest 79 Street, 290
Northwest 79 Street, 294 Northwest 79 Street, and 7835 Northwest, 3 Avenue, Miami,
Florida, from "T6-8-O" Urban Core Transect Zone — Open to "T6-8-L" Urban Core
Transect Zone — Limited, as described in "Exhibit A", attached and incorporated.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
City of Miami Page 3 of 4 File ID: 14780 (Revision:) Printed On: 1/4/2024
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 4 of 4 File ID: 14780 (Revision:) Printed On: 1/4/2024
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LEGAL DESCRIPTION:
LOT i, BLOCK 2, OF RESUBDIVISION OF THE AMENDED PLAT OF ESTELLE PARK NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 42, PAGE 69, OF THE PUBLIC RECORDS OF...DADE COUNTY, FLORIDA. LESS THE NORTH 10 FEET.
LOT 2, BLOCK 2, OF RESUBDIVISION OF THE AMENDED PLAT OF ESTELLE PARK NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 42, PAGE 69, OF THE PUBLIC RECORDS OF MIAM,DADE COUNTY, FLORIDA.
LOT 1, BLOCK 1, OF CROSEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 32, OF THE PUBLIC
RECORDS OF MMA.DADE COUNTY, FLORIDA. LESS THE NORTH 10 FEET.
LOTS 2 AND 3, IN BLOCK 1, OF CROSEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, AT PAGE 32, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. LESS THE NORTH 10 FEET.
LOTS 4 AND 5 OF BLOCK 1, CROSEL HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 32, OF THE
PUBLIC RECORDS OF MIAM,DADE COUNTY, FLORIDA.
ADDRESS:
280 N.W. 79TH STREET. MIAMI, FLORIDA 33150 FOLIO: 01-3112-052-0060
7835 N.W. 3RD AVENUE. MIAMI, FLORIDA 33150 FOLIO: 01-3112-052-0061
290 N.W. 79TH STREET. MIAMI, FLORIDA 33150 FOLIO: 01-3112-032-0010
260 N.W. 79TH STREET. MIAMI, FLORIDA 33150 FOLIO: 01-3112-032-0020
7816 N.W. 2ND COURT. MIAMI, FLORIDA 33150. FOLIO: 01-3112-032-0030
CERTIFIED TO:
A PAIGO INC.
280 JAP, LTC
FLOOD ZONE INFORMATION:
THE NATIONAL FLOOD INSURANCE RATE MAP PUBLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DELINEATES THE
HEREIN DESCRIBED LAND TO BE SITUATED IN ZONE X, PANEL: 12086C/0302, SUFFIX: L DATE: 9-11-2009 BASE FLOOD ELEV.: N/A
ELEVATIONS SHOWN ARE REFERRED TO BENCHMARK No.:GS-3-RA, ELEV. 12.35 FEET.
SURVEYOR' S NOTES:
F. EXAMINATION OF THE 'ABSTRACT OF TITLE' WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING
THIS PROPERTY.
2). LOCATION AND IDENTIFICATION OF UTILITIES AND EASEMENTS ARE SHOWN ARE SHOWN IN ACCORDANCE WITH RECORDED PLAT IF
ANY.
3). OWNERSHIP IS SUBJECT TO THE "OPINION OF TITLE",
4). THIS IS A: 'BOUNDARY SURVEY,
5). ALL RIGHTS -OF -WAYS SHOWN ARE PUBLIC UNLESS OTHERWISE NOTED.
6). THIS SURVEY HAS A TRAVERSE CLOSURE OF NO LESS THAN 1.0 FOOT IN7..500 FEET.
7). THE SURVEY DEPICTED HERE IS COVERED BY PROFESSIONAL LIABILIT A' INSURANCE.
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY THE ATTACHED BOUNDARY SURVEY OF THE ABOVE DESCRIBED PROPERTY IS A TRUE AND CORRECT
REPRESENTATION OF A FIELD SURVEY, MADE UNDER MY DIRECTION AND MEETS THE STANDARDS OF PRACTICE, AS SET FORTH BY THE
FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS, IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES.
REVISIONS
Date
Remarks
By
01-23-2023
Update Survey showing Type of Zo
0
Juan R Digitally signed
byJuan R
SKETCH OF BOUNDARY SURVEY Martin Daenez
For: A PAIGO, INC / 280 JAP, LLC
2023.01.23
ez 14:03:06-05`00'
JUAN R. MARTINEZ & ASSOCIATES, INC.
ENGINEERS • LAND PLANNERS • LAND SURVEYORS
seen WEST ELAGLE6 STREET, 21, FLORI
33PH 144, PHONE 52-7007 FAX Laos) saz-701e
MARTIN
8V:
JUAN R. MARTINEZ
PROFESSIONAL LAND SURVEYOR NO.: 2160
STATE OF FLORIDA
CERTIFICATE NO. L.B. 1J51
DRAWN BY: M.F.
DATE:OP-12-2019
FILE NO.
CHECKED BY: J.B.M.
DATE:01-23-2023
SCALE: 1"a 20'
ORDER No.: 43331
SHEET No. 1 OF 1 SHEET