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Home My WebLink AboutPZAB(16792) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-079 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 16792 Date Rendered: 11/04/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "T6-24A-O," URBAN CORE TRANSECT ZONE — OPEN, TO "T6-24B-O," URBAN CORE TRANSECT ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 1317 NORTH MIAMI AVENUE AND 1353 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS 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 located at 1317 North Miami Avenue and 1353 North Miami Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"); and WHEREAS, the Property is bounded by Northeast 14 Street to the north, Northeast 13 Street to the south, North Miami Avenue to the east, and Northeast Miami Court to the west; and WHEREAS, Nicole S. Wolfe, Esquire, on behalf of Elevate 13th St. Holdings, LLC and Elevate 13th St, LLC (collectively, "Applicant"), submitted a request to change the zoning classification from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open," for the Property; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 21,468 square feet (0.49 acres) of land; WHEREAS, the Future Land Use Map ("FLUM") designation is General Commercial; and WHEREAS, the Miami 21 Code's Transect Zone designation of the Property is "T6-24A- 0," Urban Core Transect Zone — Open; and WHEREAS, the Property was zoned "C-2" — Liberal under the previous 11000 Zoning Code, which permitted 65 dwelling units per acre; and WHEREAS, the proposed change to the zoning classification from "T6-24A-0," Urban Core Transect Zone — Open, to "T6-24B-0," Urban Core Transect Zone — Open, does not result in a change to the Density, Intensity, or Uses; and Date Rendered: 11/04/2024 City of Miami Page 1 of 3 File ID: 16792 (Revision:) Printed On: 11/4/2024 WHEREAS, the request to rezone the from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open, is consistent with the Property's existing future land uses ("FLU") of General Commercial; therefore, a concurrent Comprehensive Plan Amendment is not required; and WHEREAS, the Property is currently developed with commercial buildings constructed between circa 1937 - 1948 and is bordered by Commercial and Industrial uses; and WHEREAS, Property is located in a portion of the Downtown-Brickell neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Applicant seeks to transform the Property into a pedestrian -oriented, mixed -use redevelopment project ("Redevelopment Project"); and WHEREAS, the requested rezoning would increase the allowable Floor Area by increasing the Floor Lot Ratio ("FLR"); and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code in that this request to rezone the Property is consistent with the Miami Comprehensive Neighborhood Plan ("MCNP") Land Use Element, Goal LU-3 and the Transportation Element, Policy TR-1.1.5, which makes the request consistent with the rezoning criteria of Article7, Section 7.1.2.8.f. Miami 21 Code 1; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code in that there have been changing conditions to the Miami 21 Code Zoning Atlas in the form of six (6) adopted rezonings and two (2) recently passed transit -oriented Ordinances (13565 and 14065), deeming the changes necessary and consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code that a change may be made only to the next intensity Transect Zone and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the City's Planning Department recommends approval of the rezoning application from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open"; and WHEREAS, the Miami 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 City of Miami Page 2 of 3 File ID: 16792 (Revision:) Printed On: 11/4/2024 WHEREAS, the PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend approval of this amendment to the Miami 21 Code Zoning Atlas, as hereinafter set forth; 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 No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") by changing the zoning classification from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open," for the Property generally located at 1317 North Miami Avenue and 1353 North Miami Avenue, Miami, Florida, as described in the attached and incorporated "Exhibit A". Section 3. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 16792 (Revision:) Printed On: 11/4/2024 EXHIBIT A 947 Clint Moore Road Boca Raton, Florida 33487 Tel: (561) 241-9988 Fax: (561) 241-5182 SURVEYING & MAPPING Certificate of Authorization No. LB7264 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) 1317 & 1353 NORTH MIAMI AVENUE LEGAL DESCRIPTION PARCEL 1 LOTS 11, 12, 13 AND THE SOUTH 30 FEET OF LOT 14, BLOCK 2, "BALDWIN AND OXAR'S SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 87, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. TOGETHER WITH: PARCEL 2 THE SOUTH 15 FEET OF LOT 15 BLOCK 2 AND THE NORTH 20 FEET OF LOT 14, BLOCK 2, "BALDWIN AND OXAR'S SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 87, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. SAID LANDS SITUATE IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OR THE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS ARE BASED ON AN ASSUMED BEARING OF NORTH 02° 16'22" WEST, ALONG THE CENTERLINE OF NORTH MIAMI AVENUE. 4. PARCEL 1 CONTAINS 17968 SQUARE FEET; PARCEL 2 CONTAINS 3500 SQUARE FEET, FOR A TOTAL OF 21,468 SQUARE FEET, MORE OR LESS. 5. THE CURRENT ZONING DESIGNATION OF THIS SITE IS T6-24A-0. THE PROPOSED ZONING DESIGNATION OF THIS SITE IS T6-24B-0. CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. JEFF S. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 ABBREVIATIONS L.B. L.S. MON. O.R.B. P.O.B. P.O.C. P.B. M.D.C.R. PG. P.S.M. R /W U.E. LICENSED BUSINESS LICENSED SURVEYOR MONUMENT OFFICIAL RECORDS BOOK POINT OF BEGINNING POINT OF COMMENCEMENT PLAT B00K MIAMI-DADE COUNTY RECORDS PAGE PROFESSIONAL SURVEYOR a MAPPER RIGHT-OF-WAY UTILITY EASEMENT Project Name: 1317 & 1353 N MIAMI AVE DATE: 1/5/2024 JOB NO. 23170 DWG BY: JSH CK'D By: AJR SHEET 1 OF 2 947 Clint Moore Road Boca Raton, Florida 33487 Tel: (561) 241-9988 Fax: (561) 241-5182 SURVEYING & MAPPING Certificate of Authorization No. LB7264 NE 14TH STREET SKETCH AND LEGAL DESCRIPTION - -- ---t-- - (NOT A SURVEY) 25.00' - - 13 _ cu ui D � zCO 0oz0 _uz 6 D o n • D LOT 16 35.0b LOT 15N 35' LOT 1 5.00i N87° 38'45"E 100 S 15' LOT 15 PARCEL N2 20' LOT 14 N ° CPI , N • CI Z oC o N 70 -Oa- I 2 o') ��I o0 711 T. o0,rn nIZ 25.00' '5.00' MIAMI I MONUMENT—t-') LINE LOT 14 S 30' LOT 14 LOT 13 PARCEL I LOT 12 01 CD -p UD 70 Zip „N 70 LOT 11 S87° 38'45"W 100.00' LOT 10 00 rn) 'cool orn en 0 N O) Do LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 BLOCK 2 "BALDWIN AND OXAR AMENDED PLAT" (P.B. B, PG. 87, M.D.C.R.) LOT 6 LOT 7 LOT 9 LOT 8 MI AMI MONUMENT L - NE 13TH STREET- - — - - INE_ -- 40' PUBLIC RIGHT-OF-WAY (P.B. B, PG. 87, M.D.C.R.) JOB NO. 23170 Pro.) eat Names 1317 & 1353 N MIAMI AVE DWG BY JSH SCALE: 1"=5O' CK'D By: AJR DATE t 1/5/2024 SHEET 2 OF 2