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HomeMy WebLinkAboutPZAB (14659) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-099 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14659 Date Rendered: 1/12/2024 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 "CS" CIVIC SPACE TRANSECT ZONE TO "T6-48- B-O" URBAN CORE TRANSECT ZONE -OPEN OF THE PROPERTY GENERALLY LOCATED AT 20 AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property is generally located at 20 and 25 Southeast 10 Street, Miami, Florida, and is zoned "CS" Civic Space Transect Zone; and WHEREAS, the City of Miami ("Applicant") has submitted a request to change the zoning classification from "CS" Civic Space Transect Zone to "T6-48B-O" Urban Core Transect Zone - Open for 20 and 25 Southeast 10 Street (collectively the "Property"); and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 12,092 square feet (0.77 acres) of land; and WHEREAS, the Future Land Use Map designation is Public Parks and Recreation; and WHEREAS, the request to rezone the from the "CS" Civic Space Transect Zone to "T6-48B-O" Urban Core Transect Zone - Open is inconsistent with the Property's existing future land uses ("FLU") of Public Parks and Recreation, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application (PZ-23-17016); and WHEREAS, the property was granted to the City of Miami and developed as Allen Morris Park in 1974; and WHEREAS, the City Commission via the adoption of Resolution No. 23-0229 on May 11, 2023 (the "Resolution"), directed the City Manager to: (i) facilitate a Future Land Use Map (FLUM) amendment and rezoning to restore the FLUM and zoning designations of the parcels identified via Folio Nos. 01-0207-020-1070 (the "Northern Parcel") and 01-0207-030-1011 (the "Southern Parcel"), as the same are legally Date Rendered: 1/12/2024 City of Miami Page 1 of 3 File ID: 14659 (Revision:) Printed On: 1/12/2024 described in Exhibit "A," to Restricted Commercial and "T6-48B-O, Urban Core Transect Zone - Open; and WHEREAS, the Property is bounded by Restricted Commercial uses which include a conference center to the north, 1000 Brickell Condominiums and Southeast 10 Street to the south, Southeast 10 Street to the east and 1000 Brickell Condominiums to the west; and WHEREAS, Property is located in a portion of the Downtown neighborhood where there are not a variety of zoning designations; and WHEREAS, the property was zoned "PR" Parks and Recreation under Ordinance No. 11000, the City's previous Zoning Code, which permitted zero (0) dwelling units per acre; and WHEREAS, the proposed "T6-48B-O" Urban Core Transect Zone - Open classification would result in higher intensity and taller development; and WHEREAS, this request to Rezone Southeast 20 and 25 Street is consistent with the City of Miami Neighborhood Comprehensive (MCNP) Goal PR-2.1.1's intent of creating a no -net loss of parks 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 have been changing conditions to the Miami 21 Atlas in the form of extensive development of parcels adjacent to the property, deeming further development necessary, and therefore consistent with Miami 21, Article 7, Section 7.1.2.8.f.1(b) for the parcels at 20 and 25 Southeast 10 Street; and WHEREAS, the proposed zoning change can be deemed appropriate for the Property in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends Approval of the rezoning application from "CS" Civic Space Transect Zone to "T6-48B-O" Urban Core Transect Zone — Open for the parcel at 20 and 25 Southeast 10 Street; 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: City of Miami Page 2 of 3 File ID: 14659 (Revision:) Printed On: 1/12/2024 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 "CS" Civic Space Transect Zone to "T6-48B-O" Urban Core Transect Zone — Open for the property generally located at 20 and 25 Southeast 10 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: David Snow AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 14659 (Revision:) Printed On: 1/12/2024 EXHIBIT "A" LEGAL DESCRIPTION OF NORTHERN PARCEL AND SOUTHERN PARCEL Northern Parcel This submittal needs to be scheduled for a public hearing in accordance wM1h timelines set forth in the City of Miami Code. The applicable decision -ma Xing body will review the Information at the public hearing to render a recommendation or a final decto on. PZ-23-17014 09/29/23 A portion of Lots 7 and 8 , Block 72 South, CITY OF MIAMI, according to the plat thereof recorded in Plat Book "B at Page 41 of the Public Records of Dade County, Florida, being particularly described as: Begin at the Southeast corner of said Lot 7; then run Northeasterly along the Southeasterly boundary of said Lot 7 and 8 a distance of 103.66 feet to the most Easterly corner of said Lot 8; thence run Westerly along the North boundary of Lot 8 a distance of 103.51 feet to a point; said point being 109.56 feet East of the West boundary of said Block 72 South; thence run Southerly over and across said Lots 7 and 8 along a line parallel to the West boundary of said Block 72 South a distance of 100.09 feet to the point of intersection with the South boundary of said Lot 7; thence run Easterly along the South boundary of said Lot 7 a distance of 76.28 to the Point of Beginning, containing an area of 9,000 square feet, more or less. Also known as Folio No. 01-0207-020-1070. Southern Parcel Lot 1, Block 73, SOUTH CITY OF MIAMI, according to the plat thereof recorded in Plat Book •'B" at Page 41 of the Public Records of Dade County, Florida. LESS AND EXCEPTING THEREFROM the South 14 feet and the West 84.14 feet thereof. Containing an area of 3,000 square feet, more or less. Also known as Folio No. 01-0207-030-1011. C:\Users\rdshane\Desktop\1000 Brickell Ltd - Settlement Agreement (COA Revision) with (JEF Edits Comments) (RDS comments).docx