HomeMy WebLinkAboutPZAB (15424) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-010
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15424 Date Rendered: 2/09/2024
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 "T6-8-O" URBAN CORE TRANSECT ZONE —
OPEN TO "T6-8-L" URBAN CORE TRANSECT ZONE — LIMITED OF THE
PROPERTY GENERALLY LOCATED AT 248 NORTHWEST 42 AVENUE, BY
CHANGING THE ZONING CLASSIFICATION FROM "T6-8-O" URBAN CORE
TRANSECT ZONE — OPEN TO "T6-8-L" URBAN CORE TRANSECT ZONE —
LIMITED OF THE EASTERN PORTION OF THE PROPERTIES LOCATED AT 4212
NORTHWEST 2 TERRACE AND 200 NORTHWEST 42 AVENUE, AND BY
CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUBURBAN TRANSECT
ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE — OPEN FOR THE
WESTERN PORTION OF THE PROPERTIES GENERALLY LOCATED AT 4212
NORTHWEST 2 TERRACE AND 200 NORTHWEST 42 AVENUE, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the portion of the Property generally located at 248 Northwest 42
Avenue, Miami, Florida, is zoned "T6-8-O" Urban Core Transect Zone — Open"; and
WHEREAS, the western portions of the Property generally located at 200
Northwest 42 Avenue and 4212 Northwest 2 Terrace are zoned "T3-O" Suburban
Transect Zone — Open; and
WHEREAS, the eastern portions of the Property generally located at 200
Northwest 42 Avenue and 4212 Northwest 2 Terrace are zoned "T6-8-O" Urban Core
Transect Zone — Open; and
WHEREAS, Y and Y LeJeune LLC and Y and Y S.Miami LLC, the ("Applicants")
have submitted a request to change the zoning classification from "T6-8-O" Urban Core
Transect Zone — Open to "T6-8-L" Urban Core Transect Zone — Limited for 248
Northwest 42 Avenue and the eastern portions of the Property generally located at 200
Northwest 42 Avenue and 4212 Northwest 2 Terrace, and to change the zoning
classification from "T3-O" Suburban Transect Zone — Open to "T4-O" General Urban
Transect Zone — Open for the western portions of the Property generally located at 200
Northwest 42 Avenue and 4212 Northwest 2 Terrace (collectively the "Property"); and
Date Rendered: 2/09/2024
City of Miami Page 1 of 4 File ID: 15424 (Revision:) Printed On: 2/9/2024
WHEREAS, the Property is an assemblage of three (3) parcels totaling
approximately 41,279 square feet (0.947 acres) of land; and
WHEREAS, the Future Land Use Map designations are "Duplex Residential" and
"Restricted Commercial"; and
WHEREAS, the request to rezone from the "T3-O" Suburban Transect Zone —
Open zoning classification to the "T4-O" General Urban Transect Zone — Open zoning
classification is inconsistent with the Property's existing future land uses ("FLU") of
Duplex Residential, therefore, a concurrent Comprehensive Plan Amendment is
required and has been submitted as a companion application PZ-22-15773; and
WHEREAS, the property is currently developed with a General Commercial Use
constructed in 1974 and is bordered by Duplex, Office, and General Commercial uses;
and
WHEREAS, the Property is bounded by Northwest 3 Street to the north,
Northwest 2 Street to the south, Northwest 42 Avenue to the east and Two -Family
Housing to the west); and
WHEREAS, the Property is located in a portion of the Flagami neighborhood
where there are a variety of zoning designations, commercial uses, and housing types;
and
WHEREAS, the property was zoned "C-1" General Commercial Transect Zone
and "R-2" Two -Family Residential Transect Zone under the previous 11000 Zoning
Code, which permitted 150 and 18 dwelling units per acre respectively; and
WHEREAS, the property was developed in the 1970s; and
WHEREAS, the proposed "T4-O" General Urban Transect Zone — Open zoning
classification would result in higher intensity and taller development; and
WHERAS, the proposed "T6-8-L" Urban Core Transect Zone — Limited zoning
classification would not result in higher intensity and taller development; and
WHEREAS, the proposed "T4-O" General Urban Transect Zone — Open zoning
classification is consistent with MCNP Policy 1.3.15 because it would help create
opportunities for housing and employment; and
WHEREAS, the proposed "T6-8-L" Urban Core Transect Zone — Limited zoning
classification would not be consistent with MCNP Policy 1.3.15 because it would disrupt
the current development pattern along the commercial corridor; and
City of Miami Page 2 of 4 File ID: 15424 (Revision:) Printed On: 2/9/2024
WHEREAS, the proposed "T4-O" General Urban Transect Zone — Open zoning
classification would be consistent with Policy TR 1.1.5 because it would help incentivize
development near transit corridors; and
WHEREAS, the proposed "T6-8-L" Urban Core Transect Zone — Limited zoning
classification would not be consistent with MCNP Policy TR 1.1.5 because it would
create inconsistent zoning without contributing to potential development; and
WHEREAS, the proposed "T4-O" General Urban Transect Zone — Open zoning
classification would be consistent with Policy LU 1.1.7 as it would allow a more viable
mixed -use neighborhood; and
WHEREAS, the proposed "T6-8-L" Urban Core Transect Zone — Limited zoning
classification would not be consistent with MCNP Policy LU 1.1.7 as it would not have a
significant effect; and
WHEREAS, the proposed "T4-O" General Urban Transect Zone — Open zoning
classification is consistent with the City of Miami Neighborhood Comprehensive
(MCNP), 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.f1(b); and
WHEREAS, there have been changing conditions to the Miami 21 Atlas in the
form of a significant population increase in the Property's census tract, deeming the
changes necessary and consistent with Miami 21, Article 7, Section 7.1.2.8.f1(b); and
WHEREAS, the proposed "T4-O" General Urban Transect Zone — Open zoning
classification is consistent with Miami 21, Article 7, Section 7.1.2.8.f.2 in that it provides
a proper transition in intensity and Building Height; and
WHEREAS, the proposed "T6-8-L" Urban Core Transect Zone — Limited zoning
classification is inconsistent with Miami 21, Article 7, Section 7.1.2.8.f.2 in that it creates
an irregular zoning pattern and interrupts the transition in intensity and Building Height
as seen along the commercial corridor; and
WHEREAS, the proposed "T4-O" General Urban Transect Zone — Open zoning
classification can be deemed appropriate in light of the intent of the Miami 21 Code; and
WHERAS, the proposed "T6-8-L" Urban Core Transect Zone — Limited zoning
classification can be deemed appropriate in light of the intent of the Miami 21 Code; and
City of Miami Page 3 of 4 File ID: 15424 (Revision:) Printed On: 2/9/2024
WHEREAS, the Planning Department recommends Approval of the proposed
change in zoning classification from "T3-O" Suburban Transect Zone — Open zoning
classification to the "T4-O" General Urban Transect Zone — Open; and
WHEREAS, the Planning Department recommends Denial of the proposed
change in zoning classification from "T6-8-O" Urban Core Transect Zone — Open to "T6-
8-L" Urban Core Transect Zone — Limited; 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 from
"T6-8-O" Urban Core Transect Zone — Open to "T6-8-L" Urban Core Transect Zone —
Limited of the Property located at 248 Northwest 42 Avenue and the eastern portions of
the Property generally located at 200 Northwest 42 Avenue and 4212 Northwest 2
Terrace, and to change the zoning classification from "T3-O" Suburban Transect Zone —
Open to "T4-O" General Urban Transect Zone — Open for the western portions of the
Property generally located at 200 Northwest 42 Avenue and 4212 Northwest 2 Terrace
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
City of Miami Page 4 of 4 File ID: 15424 (Revision:) Printed On: 2/9/2024