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Home My WebLink AboutPZAB (15163) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-006 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15163 Date Rendered: 2/08/2024 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 "T5-O" URBAN CENTER TRANSECT ZONE — OPEN TO "T6-8-O" URBAN CORE TRANSECT ZONE- OPEN FOR THE PROPERTIES LOCATED 860, 852, 842, 834, AND 826 NORTHWEST 1ST STREET AND FROM "T5-O" URBAN CENTER TRANSECT ZONE — OPEN TO "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN FOR THE NORTHERN FORTY FIVE (45) FEET OF THE PROPERTY LOCATED AT 821 WEST FLAGLER STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN 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 parcels generally located at 860, 852 ,842, 834, and 826 Northwest 1 Street, Miami, Florida, are zoned "T5-O" Urban Center Transect Zone — Open; and WHEREAS, the parcel generally located at 821 West Flagler Street is zoned "T5- 0" Urban Center Transect Zone — Open and "T6-12-0" Urban Core Transect Zone — Open; and WHEREAS, Melissa Tapanes, Esquire, on behalf of Brookstone 805 Flagler, LLC, (the "Applicant") has submitted a request to change the zoning classification of the parcels generally located at 860, 852 ,842, 834, and 826 Northwest 1 Street, Miami, Florida from "T5-0" Urban Center Transect Zone — Open to "T6-8-0" Urban Core Transect Zone- Open and from "T5-0" Urban Center Transect Zone — Open to "T6-8-0" Urban Core Transect Zone — Open for the northern 45 feet of the property located at 821 West Flagler Street (collectively the "Property"); and WHEREAS, the Applicant has voluntarily proffered a Covenant attached hereto as Exhibit "B", summarized that proffers that the Applicant shall make a one-time $1,900,000.00 payment as a public benefits contribution to support public parks in District 3; and Date Rendered: 2/08/2024 City of Miami Page 1 of 4 File ID: 15163 (Revision:) Printed On: 2/8/2024 WHEREAS, the Property is an assemblage of six (6) parcels totaling approximately 47,000 square feet (1.078 acres) of land; WHEREAS, the Future Land Use Map designations are "Medium Density Restricted Commercial" and "Restricted Commercial"; and WHEREAS, the request to change the zoning classification is inconsistent with the Property's existing future land uses ("FLU") of Medium Density Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment has been submitted as companion application PZ-23-16911; and WHEREAS, the five (5) parcels of the Property are vacant and one(1) is developed as a Single Family Residence; and WHEREAS, the parcels are bordered by Sales and Services, vacant lots, Duplex Residential and Single Family Residential uses; and WHEREAS, the Property is bounded by Northwest 1 Street to the north, West Flagler Street to the south, and residential parcels to the east and west; and WHEREAS, Property is surrounded by a variety of zoning designations, Commercial uses, and housing types; and WHEREAS, the Property was zoned R-3 and C-1 under the previous 11000 Zoning Code, which permitted 65 and 150 dwelling units per acre; and WHEREAS, the Single Family Residence on the Property was built in 1915; and WHEREAS, the parcels located at 860, 852 ,842, 834, and 826 Northwest 1 Street, and the northern 45 feet of the parcel located at 821 West Flagler Street, Miami, Florida were rezoned from "T4-R" General Urban Transect Zone Restricted to "T5-O" Urban Center Transect Zone — Open per Ordinance 13737; and WHEREAS, the request to change the zoning classification of the Property consistent with the City of Miami Neighborhood Comprehensive (MCNP) Land Use policy 1.3.15's intent of developing a balanced mix of uses in close proximity to each other which makes the request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1.a; and WHEREAS, the request to change the zoning classification of the Property is consistent with the MCNP Transportation Policy 1.1.5's intent encourage new development along transit corridors, nodes, and centers, which makes the request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1.a; and City of Miami Page 2 of 4 File ID: 15163 (Revision:) Printed On: 2/8/2024 WHEREAS, the request to change the zoning classification of the Property is consistent with the MCNP Parks Policy 1.1.6's intent to encourage development within a 10-minute walk of a public park; 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 previous rezone of the parcels at 868 and 876 Northwest 1 Street from "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban Center Transect Zone — Open per Ordinance 13738, which are adjacent to the property, deeming the changes necessary and consistent with Miami 21, Article 7, Section 7.1.2.8.f1(b); and WHEREAS, the proposed application consistent with Miami 21, Article 7, Section 7.1.2.8.f.2 in that the proposed rezone of the properties is successional and creates a reasonable transition in density, intensity, and height; and WHEREAS, the proposed change in zoning classification can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends Approval of the request to change the zoning classification from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone- Open for the properties located 860, 852 ,842, 834, 826 Northwest 1st Street and from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open for the northern 45 feet of the property located at 821 West Flagler Street; and WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants (Exhibit "B") does not affect the Planning Department's recommendation or analysis; and 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 City of Miami Page 3 of 4 File ID: 15163 (Revision:) Printed On: 2/8/2024 No. 13114 ("Miami 21 Code"), as amended, by changing the zoning classification from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone - Open for the properties located 860, 852 ,842, 834, 826 Northwest 1st Street and from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open for the northern 45 feet of the property located at 821 West Flagler Street, as described in "Exhibit A", attached and incorporated. Section 3. PZAB recommends that the City Commission accept the voluntarily proffered Declaration of Restrictive Covenants, attached, and incorporated as Exhibit tt BH Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: David Snow City of Miami Page 4 of 4 File ID: 15163 (Revision:) Printed On: 2/8/2024