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Home My WebLink AboutPZAB (15806) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-036 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15806 Date Rendered: 6/25/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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-O" URBAN CENTER TRANSECT ZONE — OPEN TO "T6-8-O" URBAN CORE TRANSECT ZONE - OPEN OF THE PROPERTY GENERALLY LOCATED AT 7924 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 7924 Northeast 2 Avenue Miami, Florida is bifurcated by two (2) Transect Zones on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"): "T5-O" Urban Center Transect Zone — Open and "T6-8-O" Urban Core Transect Zone — Open; and WHEREAS, Steven J. Wernick, Esquire, AICP, on behalf of MD 79TH HOLIDNG, LLC and MD 79TH HOLDING II LLC ("Applicant") submitted a request to the City of Miami ("City") to change the zoning classification of the northwest portion of the property located at 7924 Northeast 2 Avenue Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") from "T5-O" Urban Center Transect Zone — Open to "T6-8- 0" Urban Core Transect Zone — Open; and WHEREAS, the Property to be rezoned is approximately 37,555 square feet (0.862 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation is Medium Density Restricted Commercial; and WHEREAS, 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 northwest portion of the Property is not consistent with the existing future land uses ("FLU") of Medium Density Restricted Commercial; therefore, a concurrent Miami Comprehensive Neighborhood Plan ("MCNP") Amendment is required; and WHEREAS, the request to change the FLU from Medium Density Restricted Commercial to Restricted Commercial is being processed concurrently (PZ-23-16913); and WHEREAS, the City Planning Department found the request to change the zoning classification of the Property consistent with the MCNP Policy LU-1.3.15 as it will continue to Date Rendered: 6/25/2024 City of Miami Page 1 of 3 File ID: 15806 (Revision:) Printed On: 6/25/2024 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, the City Planning Department found the request to change the zoning classification of the Property consistent with MCNP Policy TR-1.1.5 as it will encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers; and WHEREAS, the City Planning Department finds that the application is consistent with Miami 21, Article 7, Sections 7.1.2.8.f.1.a, 7.1.2.8.f.1.b, and 7.1.2.8.f.2; and WHEREAS, the City Planning Department recommended approval of the change in zoning classification from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open of the Property; and WHEREAS, pursuant to Section 7.1.3.7 of the Miami 21 Code, the issuance of a certificate of occupancy or completion (including temporary or partial certificates of occupancy or completion) are prohibited until the permit to cure the original outstanding Code Enforcement violation has been finalized and closed and all monies owed, inclusive of costs, to the City are paid; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the 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; 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; 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 that the City Commission Approve the request to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "T5-O" Urban Center Transect Zone — Open to "T6-8-O" Urban Core Transect Zone — Open for the Property, 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 2 of 3 File ID: 15806 (Revision:) Printed On: 6/25/2024 Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 15806 (Revision:) Printed On: 6/25/2024 EXHIBIT "A" SKETCH & LEGAL DESCRIPTION FOR ZONING THIS IS NOT A BOUNDARY SURVEY MIAMI-DADE COUNTY, FLORIDA PROPERTY ADDRESS: 7924 NE 2 AVE, MIAMI 33138 PROPERTY FOLIO # 01-3112-101-0010 N l I l 00 00 00 � m m NE80thT_ERRACE_ B.O.B. S87°44'05"W (NAD 83-901) SCOPE OF WOR ( AND COMPREHE ^ S ()' - AMENDMEN ± 37,355 SQ.F SHEET 1 OF 2. NOT VALID WITHOUT SHEET 2. 80' - TOTAL RI- GHT-OF-WAY NE 79 th STREET This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body will roslew the information at the pubdc hearing to render a recommendation or a final decla on. PZ-23-16912 04/24/24 DRAWN BY: DGL/DA DATE : 07/24/2023 SCALE: SURVEY NO: SHEET: 1:80 14-002839-16 1 OF 2 JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers W W W.IBARRALANDSURVEVORS.COM 777 N.W. 72nd AVENUE SUITE 3025 MIAMI, FLORIDA 33126 PH: (305) 262-0400 FAX: (305) 262-0401 3725 DEL PRADO BLVD. S. SUITE B CAPE CORAL, FL 33904 PH: (239) 540-2660 FAX: (239) 540-2664 3 5' 3 5' pNN ieq R,P O' •SN4L LASTATf OF . •eIOKIO?''9 110 LB#7806 Digitally signed by JOHN A IBARRA Date: 2023.07.25 08:36:20 -04'00' EXHIBIT "A" SKETCH & LEGAL DESCRIPTION FOR ZONING THIS IS NOT A BOUNDARY SURVEY MIAMI-DADE COUNTY, FLORIDA SECTION 12 TOWNSHIP 53 RANGE 41 LYING AND BEING IN MIAMI, MIAMI-DADE COUNTY, FLORIDA PROPERTY ADDRESS: 7924 NE 2 AVE, MIAMI 33138 PROPERTY FOLIO # 01-3112-101-0010 LEGAL DESCRIPTION: This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body will roslew the information at the public hearing to render a recommendation or a final decla on. PZ-23-16912 04/24/24 PARCEL I TRACT A, OF LITTLE RIVER CENTER, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LEGAL DESCRIPTION: SCOPE OF WORK (REZONING AND COMPREHENSIVE PLAN AMENDMENT): THE NORTH 182.00 FEET OF THE WEST 206.00 FEET (PLUS OR MINUS) OF SAID TRACT A, OF LITTLE RIVER CENTER, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING 37,355 SQUARE FEET PLUS OR MINUS. ABBREVIATIONS: = CENTER LINE = MONUMENT LINE P.B. = PLAT BOOK PG. = PAGE SQ. FT. = SQUARE FEET SEC. = SECTION TWP = TOWNSUIP RGE. = RANGE FT. = FEET SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY: THIS 'SKETCH OF LEGAL DESCRIPTION' OF THE PROPERTY DESCRIBED HEREON, HAS RECENTLY BEEN SURVEYED AND DRAWN UNDER MY SUPERVISION, AND COMPLIES WITH ThE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J- 17, FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472.027, FLORIDA STATUTES. BY: Digitally signed by JOHN A IBARRA Date: 2023.07.25 08:36:43 -04'00' JOHN IBARRA PROFESSIONAL LAND SURVEYOR NO.: 5204 STATE OF FLORIDA 07/24/2023 (DATE OF FIELD WORK) SHEET 2 OF 2. NOT VALID WITHOUT SHEET 1. DRAWN BY: DGL/DA DATE : 07/24/2023 SCALE: SURVEY NO: SHEET: NONE 14-002839-16 2 OF 2 JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers W W W.IBARRALANDSURVEVORS.COM 777 N.W. 72nd AVENUE SUITE 3025 MIAMI, FLORIDA 33126 PH: (305) 262-0400 FAX: (305) 262-0401 3725 DEL PRADO BLVD. S. SUITE B CAPE CORAL, FL 33904 PH: (239) 540-2660 FAX: (239) 540-2664 LB#7806 Digitally signed by JOHN A IBARRA Date: 2023.07.25 08:36:33 -04'00'