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HomeMy WebLinkAboutPZAB (15811) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-049 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15811 Date Rendered: 7/29/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS" CIVIC SPACE ZONE TO "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN AND "T5-O" URBAN CENTER TRANSECT ZONE — OPEN TO "T6-8-O" URBAN CORE TRANSECT ZONE — OPEN FOR THE WESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 8032 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 8032 Northeast 2 Avenue, Miami, Florida as more particularly described in the attached and incorporated Exhibit "A," ("Property") is trifurcated by three (3) zoning classifications: "T6-8-O," Urban Transect Zone — Open, "T5-O" Urban Center Transect Zone — Open, and "CS," Civic Space Zone; and WHEREAS, Javier E. Fernandez, Esquire, on behalf of Rivercow LLC, ("Applicant") submitted a request to change the zoning classification of the western portion ("Western Portion") of the Property from "CS" Civic Space Zone to "T6-8-O," Urban Core Transect Zone — Open and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open; and WHEREAS, the Property is approximately 12,893.76 square feet (0.296 acres) of land, and WHEREAS, the Western Portion is approximately 6,011.28 square feet (0.138 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is Public Parks and Recreation, Medium Density Restricted Commercial, and Restricted Commercial; and WHEREAS, the FLUM designation of the Western Portion is Public Parks and Recreation and Medium Density Restricted Commercial; and WHEREAS, the request to change the zoning classification from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, for the Western Portion is not consistent with the existing future land uses ("FLU") of the Property of Public Parks and Date Rendered: 7/29/2024 City of Miami Page 1 of 3 File ID: 15811 (Revision:) Printed On: 7/29/2024 Recreation and Medium Density Restricted Commercial; therefore, a concurrent Comprehensive Plan Amendment is required; and WHEREAS, the request to change the FLU from Public Parks and Recreation and Medium Density Restricted Commercial to Restricted Commercial is being processed concurrently (PZ-22-15068); and WHEREAS, this rezoning application is consistent with Article 7, Section 7.1.2.8.f.1(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") in that the requested change in zoning classification of the Western Portion of the Property from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, meets the intent of Goal LU-1 and Policy LU-1.2.1 of the City of Miami Comprehensive Neighborhood Plan ("MCNP") as it will broaden the scope of allowable Uses and rejuvenate the neighborhood by creating local jobs; and WHEREAS, this rezoning application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code as it aligns with the current development trends and land uses in the immediate area; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code as the Western Portion will integrate with the rest of the Property and the surrounding neighborhood; and WHEREAS, the Planning Department recommends approval of the change in zoning classification from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, respectively; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") considered the need and justification for the proposed zoning change, including changing and changed conditions that make the passage of the proposed zoning change necessary; and WHEREAS, PZAB has considered the goals, objectives, and policies of the MCNP, 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. Planning, Zoning and Appeals Board ("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 "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O" Urban Core Transect Zone — Open, respectively, for the Western Portion of the Property generally located at 8032 Northwest 2 Avenue, Miami, as described in "Exhibit A," attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. City of Miami Page 2 of 3 File ID: 15811 (Revision:) Printed On: 7/29/2024 Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 15811 (Revision:) Printed On: 7/29/2024 II MARIO PRATS R. & ASSOCIATES INC. SU F2\/EYO f2S — MAPP E IRS — PLANNERS 52 SW 81 st Avenue - Miami, Florida 33144 (305) 551-6000 E-mail: docs©pratssurvey.com EXHIBIT "A" 2 Proudly Serving theIr Floriclo ReciI Estate Community For Over 30 Yecars Certificate of Authorization No.:4249. ,11I,� iv Jr 4io16 b="`"9® l ' iisadi'1 s.E. 11 r en Property address: 8032 N.E. 2nd Avenue, Miami, FL 33138 LEGAL DESCRIPTION THAT PART OF TRACT A OF DOBBS BUSINESS CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53 AT PAGE 73 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST EASTERLY SOUTHEASTERLY CORNER OF SAID TRACT A; THENCE NORTH ALONG THE WEST LINE OF NORTHEAST SECOND AVENUE A DISTANCE OF 60 FEET TO A POINT; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 172 FEET, THENCE SOUTHERLY A DISTANCE OF 111.60 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT A; THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT A, A DISTANCE OF 50 TO A CORNER OF SAID TRACT A; THENCE NORTH ALONG THE BOUNDARY LINE OF SAID TRACT A, A DISTANCE OF 51.60 FEET TO A CORNER OF SAID TRACT A; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT A, A DISTANCE OF 122 FEET TO THE POINT OF BEGINNING. Flood Information: Flood Zone: "X" I Base Flood Elevation: N/A !Community Panel No.:120650-0302 I Map Revised: September 11, 2009 For The Benefit of: Rivercow LLC SURVEYOR'S LEGEND B.M. = Bench Mark M = Field Measure P.U.E. = Publlc Utility Easement 4Y--pp X X X Chain Link Fence Fire Hydrant Calc.=Calculated N.TS. = Not to Scale S=Sectlon Hyb o ❑ 0 Wood Fence Meas. = Measured BS. L. = Building Setback Llne RGE.=Range C/L=Centerline C B S = Concrete -Block -Structure TWP = Township 0 Sewer Manhole o 0 o Iron Fence M/L= Monument Une A/C =AIr Conditioner L=Arc Llmlted Access R/W N=North U.P. = Utlllty Pole R=Radius /// /// /// /// O Light Pole S = South Gar=Garage D = Delta - - Monument Line E = East W.M. = Water Meter T = Tangent W = West E B = Electric Box Encr.=Encroachment —,t-- Center Llne G- Wood Power STY = Story Swk=Sidewalk T.O.B.= Top of Bank — — E — — Overhead Wires Pole W.F. = Wood Fence R/W =Right -of -Way E.O.W.=Edge of Water CLF.= Chain Llnk Fence Elev.=Elevation E.O.P.= Edge of Pavement Aspnon Oom0 , Handicap P.T.=Point of Tangency Pky =Parkway RW.= Right-of-way P.O.B= Point of Beginning Typ.=Typical ST.L.= Survey -He Llne P.C.= Point of Curvature P.P.= Pool Pump ST.L= Survey -He Line concrete PRC= Point of Reverse Curvature F.F,Elev.= Finish Floor U.E.=Utility Easement 0Water Meter U.E. = Utility Easement Res. = Residence C.U.E.= County Utility Easement ® Catch Basin D.M.E: Drainage and Maintenance Easement D.F.= Drainage Easement L.M.E.= Lake Malntenance Easement 111Toe 11 Ta} I.E.& U.E. = Ingress, Egress & U.E L.B.E. = Landscape Buffer Easement R.O.E.= Roof OverhangEasement ... •• P.R.M.= Permanent Reference Monument L.A.E. = Limited Access Easement P.C.P.= Permanent Control Point C.M.E: Canal Maintenance Easement0ni P.C.C. Point of Compound Curvature A.E. = Anchor Easement � v u(�71 P.O.C: Point of Commencement A.E. =Anchor Easement SURVEYOR'S NOTES ELEVATIONS NOTES: (IF REQUESTED AND SHOWN) 1. The above captioned Property was surveyed and described based on the above Legal Description furnished by Client. 2. This Gertlflootlon Is only for the lands as described, It Is not as certification of TItde, Zoning, Easements, or Freedom of Encumbrances, ABSTRACT NOT REVIEWED. 3 There may be additional Restriction not shown on tills survey that may be found In the Publlc Records of tills County. Examinaton of ABSTRACT OF TITLE volt have to be made to determine recorded Instruments, If any affecting this property. 4 Ownership subject to OPINION OF TITLE. 5 Type of SurveyBOUNDARY SURVEY. 6. Location and Identlflcaton of UtlItes and or adjacent to the property were not secured as such Information was not requested. 7. Unless otherwise noted, this Arm has not attempted to locate Footings and/or Foundations (underground). 8. Ids PLAN OF SURVEY, has been prepared for the exclusive use of the entities named hereon. The Certificate does not extend to any unnamed part. 9 If Bearings shown they are based on. Centerline of NE 2ND AVENUE being NO°00'00"E. 10. Predslon of Closure 1 7500 Suburban Class Survey. 11. Ownership of fences are not determined. 12. Architects shall verify zoning regulations, restriction, setbacks and von be responsible for submitting plot plans with correct Information for "approval for authorization" to the proper authorities In new construction. 13. Mortgage purposes only, any other use Is not valid without the written consent of the signing surveyors. 1. 0.0' Indicates existing Elevations. 2 Elevations are referred to the National Geodetic Vertical Datum. 3 BENCHMARK (Used) B.M. No. X-2-01958 Elevation. 7.65 Feet The above "BOUNDARY SURVEY", represent the herein described property and It was completed under my supervision and or direction, to the best of my knowledge and belief and It also meets the Mlnlmum Technical Standard set forth by The Florida Board of Land Surveyors and Mappers, pursuant to Secton 5J-17.051, Florida Statutes and Implementing Rules, Florida Board Administrative Code. THIS NOT A VALID CERTIFICATION WITHOUT THE SURVEYOR'S ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL PRESENT. Digitally signed by Mario Prats Jr. DN: c=US, o=Mario Prats Jr. and Associates INC., dnQualifier=A01410C00 00018820BBDA8B00026 43) R'i0Bilcn=Mario Prats Jr. 7r/>anOd'tieviav82A, 6686 e of FI6283109 -04'00' Orlglnal date. 09/05/2019 Held date. 09/13/2019 (For Ur -dates see REVISIONS) Original J.N.. 31126 He No.. 31126 V-01 REVISION J. N.. 33025 Dote 01/26/2022 J.N. 34442 Dote06/11/2024 J.N.. Date J.N.. Date J.N.. Date J.N.. Date. J.N.. Date.