HomeMy WebLinkAboutPZAB (15166) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-013
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15166 Date Rendered: 3/06/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING DENIAL, DUE TO A TIE VOTE
AND FAILING TO OBTAIN THE REQUIRED SUPERMAJORITY VOTE, TO THE MIAMI
CITY COMMISSION OF AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("MIAMI 21 CODE") CHANGING THE ZONING
CLASSIFICATION FROM "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN, TO
"T6-8-O" URBAN CORE TRANSECT ZONE — OPEN, FOR THE PROPERTY
GENERALLY LOCATED AT 697 NORTHWEST 37 AVENUE (NORTH AND
SOUTHWEST PORTION), AND CHANGING THE ZONING CLASSIFICATION FROM
"T4-L" GENERAL URBAN TRANSECT ZONE — LIMITED, TO "T5-O" URBAN CENTER
TRANSECT ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 697
NORTHWEST 37 AVENUE (SOUTHEAST PORTION), 640 NORTHWEST 36 COURT
(SOUTH PORTION), 3665 NORTHWEST 6 STREET, 460 NORTHWEST 36 COURT
(EAST PORTION), 427 NORTHWEST 37 AVENUE (EAST PORTION), 400
NORTHWEST 36 COURT, 408 NORTHWEST 36 COURT, 440 NORTHWEST 36
COURT, 146 NORTHWEST 36 COURT, 140 NORTHWEST 36 COURT, 114
NORTHWEST 36 COURT, 100 NORTHWEST 36 COURT, 102 NORTHWEST 36
COURT, 70 NORTHWEST 36 COURT, 64 NORTHWEST 36 COURT, 58
NORTHWEST 36 COURT, 3667 NORTHWEST FLAGLER TERRACE, AND 3695
WEST FLAGLER STREET (NORTHEAST PORTION), MIAMI, FLORIDA, ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property generally located at 697 Northwest 37 Avenue (North and
Southwest Portion), 697 Northwest 37 Avenue (Southeast Portion), 640 Northwest 36 Court
(South Portion), 3665 Northwest 6 Street, 460 Northwest 36 Court (East Portion), 427
Northwest 37 Avenue (East Portion), 400 Northwest 36 Court, 408 Northwest 36 Court, 440
Northwest 36 Court, 146 Northwest 36 Court, 140 Northwest 36 Court, 114 Northwest 36 Court,
100 Northwest 36 Court, 102 Northwest 36 Court, 70 Northwest 36 Court, 64 Northwest 36
Court, 58 Northwest 36 Court, 3667 Northwest Flagler Terrace, and 3695 West Flagler Street
(Northeast Portion), Miami, Florida, (collectively, "Property") is zoned "T6-8-O" Urban Core
Transect Zone — Open and "T4-L" General Urban Transect Zone — Limited; and
WHEREAS, Arthur Noriega V, acting on behalf of the City of Miami, ("Applicant") has
submitted a request to change the zoning classification of the Property from "T6-8-O" Urban
Core Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open and from "T4-L"
General Urban Transect Zone - Limited to "T5-O" Urban Center Transect Zone — Open; and
Date Rendered: 3/06/2024
City of Miami Page 1 of 4 File ID: 15166 (Revision:) Printed On: 3/6/2024
WHEREAS, the Property is an assemblage of multiple parcels totaling approximately
158,505 square feet (3.64 acres) of land; and
WHEREAS, the Future Land Use Map designation of the Property is "Duplex
Residential," "Low Density Restricted Commercial," and "Restricted Commercial"; and
WHEREAS, the request to change the zoning classification of a portion of the Property
from "T4-L" General Urban Transect Zone - Limited to "T5-O" Urban Center Transect Zone —
Open is inconsistent with the Property's existing Future Land Uses ("FLU") of "Duplex
Residential" and "Low Density Restricted Commercial," therefore, a concurrent Comprehensive
Plan Amendment is required and has been submitted as a companion application PZ-23-17633;
and
WHEREAS, the application to amend the FLUM of the Miami Comprehensive
Neighborhood Plan ("MCNP") under PZ-24-17633 will amend the FLU of the Property from
"Duplex Residential" and "Low Density Restricted Commercial" to "Restricted Commercial"; and
WHEREAS, the Property is currently developed as Commercial and Residential Uses
constructed at various times, includes vacant lots, and is bordered by Commercial, Office,
Industrial, and Residential Uses; and
WHEREAS, the Property is bounded by Northwest 7 Street to the north, West Flagler
Street to the south, and is along the west side of Northwest 36 Court; 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 "R-2" and "C-1" under the previous 11000 Zoning
Code, which permitted 18 dwelling units per acre and 150 dwelling units per acre, respectively;
and
WHEREAS, the proposed "T5-O" Urban Center Transect Zone — Open classification
would result in higher Intensity, Density, and Height; and
WHEREAS, the request is consistent with the Miami 21 Code, Article 7, Section
7.1.2.8(f)(1)(a) in that the change in zoning classification of a portion of the Property from "T4-L"
General Urban Transect Zone - Limited to "T5-O" Urban Center Transect Zone — Open helps
further the Goals, Objectives, and Policies of the MCNP; and
WHEREAS, the request to change the zoning classification of the Property is consistent
with the Miami 21 Code, Article 7, Section 7.1.2.8(f)(1)(b); and
WHEREAS, the request to change the zoning classification is consistent with the Miami
21 Code, Article 7, Section 7.1.2.8(f)(2) in that the change from "T4-L" General Urban Transect
Zone - Limited to "T5-O" Urban Center Transect Zone — Open is Successional Zoning as
defined in Article 7.1.2.8(a); and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code; and
City of Miami Page 2 of 4 File ID: 15166 (Revision:) Printed On: 3/6/2024
WHEREAS, the Planning Department recommends approval of the change in zoning
classification application from "T6-8-O" Urban Core Transect Zone — Open to "T6-8-O" Urban
Core Transect Zone — Open and from "T4-L" General Urban Transect Zone - Limited to "T5-O"
Urban Center Transect Zone — Open; and
WHEREAS, Planning, Zoning and Appeals Board ("PZAB") has given full consideration
to the Planning Department recommendation; and
WHEREAS, PZAB has considered the need and justification for the proposed change,
including changed or changing conditions that make the passage of the proposed change
necessary; and
WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami
Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d)
of the City Code, no action to recommend a rezoning shall be taken without the concurring
votes of a supermajority of board members present with said supermajority consisting of one (1)
more member than a simple majority; and
WHEREAS, after careful consideration of this matter of PZAB, a motion to recommend
approval of the zoning change was made wherein four (4) PZAB members voted in favor and
four (4) PZAB members voted against, thereby failing to receive the required supermajority
votes to recommend approval of the amendment to the Miami 21 Zoning Atlas; and
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. PZAB recommends denial, due to a tie vote and failing to obtain the
required supermajority vote, to the Miami City Commission of an Ordinance 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-O" Urban Core
Transect Zone — Open, for the property generally located at 697 Northwest 37 Avenue (North
and Southwest Portion), and changing the zoning classification from "T4-L" General Urban
Transect Zone — Limited, to "T5-O" Urban Center Transect Zone — Open, for the properties
generally located at 697 Northwest 37 Avenue (Southeast Portion), 640 Northwest 36 Court
(South Portion), 3665 Northwest 6 Street, 460 Northwest 36 Court (East Portion), 427
Northwest 37 Avenue (East Portion), 400 Northwest 36 Court, 408 Northwest 36 Court, 440
Northwest 36 Court, 146 Northwest 36 Court, 140 Northwest 36 Court, 114 Northwest 36 Court,
100 Northwest 36 Court, 102 Northwest 36 Court, 70 Northwest 36 Court, 64 Northwest 36
Court, 58 Northwest 36 Court, 3667 Northwest Flagler Terrace, and 3695 West Flagler Street
(Northeast Portion), Miami, Florida, all as more particularly described in Exhibit "A," attached
and incorporated.
Section 3. This Resolution shall become effective upon adoption by the PZAB.
City of Miami Page 3 of 4 File ID: 15166 (Revision:) Printed On: 3/6/2024
Reviewed and Approved:
David Snow
City of Miami Page 4 of 4 File ID: 15166 (Revision:) Printed On: 3/6/2024