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HomeMy WebLinkAboutPZAB (13721) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-048 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13721 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-L" URBAN CENTER TRANSECT ZONE — LIMITED TO "T6-8-O" URBAN CORE TRANSECT ZONE - OPEN OF THE PROPERTY GENERALLY LOCATED AT 775 SOUTHWEST 8 STREET (PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 775 Southwest 8 Street (portion), 750 Southwest 7 Street, 740 Southwest 7th Street, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated, ("Property") is zoned "T5-L" Urban Center Transect Zone — Limited on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, 775 SW 8 STREET LLC ("Applicant") applied to amend the Zoning Atlas of the Miami 21 Code to change the zoning classification of the Property from "T5-L" Urban Center Transect Zone — Limited to "T6-8-O" Urban Core Transect Zone — Open; and WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately 66,866 square feet (1.535 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is Medium Density Restricted Commercial; and WHEREAS, the request to rezone the from "T5-L" Urban Center Transect Zone — Limited to the "T6-8-O" Urban Core Transect Zone — Open is inconsistent with the Property's FLUM designation, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-22-15076; and WHEREAS, the Property is bounded by Northwest 8 Street to the north, Northwest 7 Street to the south, Northwest 7 Avenue to the east, and Northwest 8 Avenue to the west; and WHEREAS, the Property was generally developed in the 1940s; and WHEREAS, the proposed "T5-L" Urban Center Transect Zone — Limited classification would result in higher intensity and taller development; and City of Miami Page 1 of 3 File ID: 13721 (Revision:) Printed On: 5/10/2023 WHEREAS, the Planning Department recommended approval of the rezoning application for the Property from "T5-L" Urban Center Transect Zone — Limited to "T6-8-O" Urban Core Transect Zone- Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full consideration to the Planning Department's recommendation and conducted a hearing on whether the criteria in the Miami 21 Code were met; and WHEREAS, PZAB considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City regulations; and WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, this request to rezone the Property is consistent with the MCNP Future Land Use Element, Policy LU-1.3.15, which states that the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other; 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, the proposed 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: 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-L" Urban Center Transect Zone — Limited to "T6-8-O" Urban Core Transect Zone — Open for the property generally located at 775 Southwest 8 Street, 750 Southwest 7 Street, 740 Southwest 7th Street, 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: Page 2 of 3 File ID: 13721 (Revision:) Printed On: 5/10/2023 Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13721 (Revision:) Printed On: 5/10/2023 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A" LOCATION MAP NOT To SCALE LEGAL DESCRIPTION: Lots 6, 7, 8, 9 and 10, of Block 46, of CITY OF MIAMI SOUTH, according to the plat thereof, as recorded in Plat Book B, Page 41, of public records of Miami- Dade County, FLORIDA. PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: 1) "PLAT OF CITY OF MIAMI SOUTH" as recorded in Plat Book B, Page 46, Miami -Dade County Records. 2) City of Miami Municipal Atlas Sheet 35R. 3) Boundary Survey of Building No.750 S.W. 7 Street , Miami, FLORIDA 33130, prepared by M.E. Land Surveying, Inc. with a Drawing Date of January 21, 2022. Bearings shown hereon are based upon the City of Miami Monument Line for 7th Street, with an assumed bearing of S 89° 59' 33" E, said line to be considered a well established and monument line. RESTRICTIONS: This document does not represent a field boundary survey of the described property, or any part or parcel thereof. S.W. 8th AVENUE T rI LOT 10 BLOCK 46 LOT 77 BLOCK 46 LEGEND: S. VV. 7th STREET (BASIS OF BEARING) S89°59'33"E S 89'5933" E 250. 00'(P) 248.92'(M) LOT 9 BLOCK 46 LOT 72 BLOC, 46 CITY OF MIAMI SOUTH. PB B/41 M.D.C.R. LOT 8 BLOCK 46 [ITY OF MIAMI SOUTH, P.5/41 LOT 7 BLOCK 46 89 59'33" E 250. 00 ) 248.85'(C) P.B. - PLAT BOOK R/W - RIGHT OF WAY M.D.C.R. - MIAMI DADE COUNTY RECORDS C - CALCULATED - CENTER LINE fy1 - CITY OF MIAMI MONUMENT LINE S - SOUTH N - NORTH W - WEST E - EAST P - PLAT M - MEASURED LOT 13 BLOCK 46 LOT 14 BLOCK 46 NORTH I Scale: 1"=40' LOT 6 BLOCK 46 LOC 16 LOT 76 BLOCK 46 BLOCK 46 SURVEYOR'S CERTIFICATE: I hereby certify: That the "Sketch to Accompany Legal Description" and the Survey Map resulting there from, was performed under my direction, and is true and correct to the best of my knowledge and belief and further that said "Sketch to Accompany Legal Description" meets the intent of the applicable provision of the " Standards of Practice for Land Surveying in the State of Florida", pursuant to Rules 5J-17.052 of the Florida Administrative Code and its implementing law, Chapter 42.027 of the Florida States. M.E. Land Surveying, Inc. nn Florida Certificate of Author Espinosa Miig LI Jsq�� digitally ;Igppc6=Miguel Espinosa, o=Miguel u �. Espinosa Land Surveying, ou=P.S.M. No.5101, iB _ email=ESPI NOSALAN DSURVEYING C 5 @GMAILCOM, Sc R gistered Surveyv and MEig3ea432,ffolf 16:48:38-04'00' State of Florida 0 z NOTICE PZ-22-15076� 04/26/23 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A" JOB No.B-107875 SHEET 1 OF 2