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Home My WebLink AboutPZAB (16566) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-076 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 16566 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "D1," WORK PLACE DISTRICT TRANSECT ZONE, TO "T6-12-0," URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1990 NORTHWEST 27 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 in generally located at 1990 Northwest 27 Avenue, Miami, Florida, and is zoned "D1" Work Place District Transect Zone; and WHEREAS, the Ines Marrero-Priegues, Esquire, on behalf of 1960 NW 27th AVE, LLC, ("Applicant") has submitted a request to change the zoning classification from "D1," Work Place District Transect Zone, to "T6-12-0," Urban Core Transect Zone — Open, for 1990 Northwest 27 Avenue, as more particularly described in the attached and incorporated Exhibit "A" ("Property"); and WHEREAS, the Property is one (1) parcel totaling approximately 2,111 square feet (0.048 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation is Light Industrial; and WHEREAS, the request to rezone the Property from the "D1," Work Place District Transect Zone, to "T6-12-0," Urban Core Transect Zone — Open; therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-24-17595; and WHEREAS, the Property is currently vacant and is bordered by the Miami River, Residential, and Commercial Uses; and WHEREAS, the Property is bounded by Northeast North River Drive to the north, Miami River to the south, Northwest 27 Avenue to the east, and vacant land to the west; and WHEREAS, Property is located in a portion of the Allapattah neighborhood, bordering the edge of the City, where there are a variety of zoning designations, commercial uses, and housing types; and Date Rendered: 11/04/2024 City of Miami Page 1 of 3 File ID: 16566 (Revision:) Printed On: 11/4/2024 WHEREAS, the Property was zoned "C-2" Liberal Commercial under the previous 11000 Zoning Code, which permitted a density of sixty-five (65) units per net acre; and WHEREAS, the Property and its abutting parcels to the south are part of an active Brownfield Site Rehabilitation Agreement with Miami -Dade County under Brownfield Site ID BF130401001; and WHEREAS, the Property assemblage used to be an Orkin facility where fumigation was stored on site and petroleum was stored underground; and WHEREAS, Orkin ceased use in 1987 and remediation of soils began after, according to the 2024 Miami -Dade County Brownfields Report; and WHEREAS, the proposed "T6-12-0," Urban Core Transect Zone — Open, classification would result in higher intensity and taller development; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Code in that will further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); the Miami 21 Code; and other City regulations; and WHEREAS, this request to rezone the Property is consistent with the MCNP, Policy LU- 1.3.7 intent that "the City will continue to use the City's Enterprise Zone, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities", 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 Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code; and WHEREAS, there have been changing conditions to the Miami 21 Code Zoning Atlas in the form of a rezone of the abutting properties, 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 abutting properties, 1960 and 1970 Northwest 27 Avenue, were similarly rezoned from D1," Work Place District Transect Zone, to "T6-12-0," Urban Core Transect Zone — Open, in January of 2023, pursuant to Ordinance No. 14133; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code in that the proposed rezoning is consistent with the established zoning pattern and the context in the immediate vicinity; and WHEREAS, the proposed rezone is an extension of the existing "T6-12-0," Urban Core Transect Zone- Open, boundary, which is already featured within the immediate block, abutting the Property; 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 "D1," Work Place District Transect Zone, to "T6-12-0," Urban Core Transect Zone — Open; and City of Miami Page 2 of 3 File ID: 16566 (Revision:) Printed On: 11/4/2024 WHEREAS, 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 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; 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. 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 ("Miami 21 Code"), as amended, by changing the zoning classification from "D1," Work Place District Transect Zone, to "T6-12-0," Urban Core Transect Zone — Open, for the property generally located at 1990 Northwest 27 Avenue, 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 City of Miami Page 3 of 3 File ID: 16566 (Revision:) Printed On: 11/4/2024 CN N ETCHRP24-0074.dwg 5/2/2 MIAMIBOUNDARY -C; Z nl SKETCH & LEGAL DESCRIPTION EXHIBIT "A" PROPERTY ADDRESS: 1990 NW 27th. AVE NUE, MIAMI, FLORIDA 33125 FOLIO#: 01 -3133-007-0010 LEGAL DESCRIPTION: Lo t s 1 and 2 of RIV ERDA LE P ARK , according to the Plat t her eof, as recorded in Pla t Book 21, Page 1 9, of the Public Records of Miam i- Dade County, Florida . LESS AND E XC EPT t hat portion conveyed by the Warranty Deed to the State of FI orida , for the use and benef it of the State of Flor ida Department of Tr an spo rt at ion recorded in Off icial Records Book 1 '1'1'19, Page 2248, as follows : COMM ENCE at the poin t of intersection of the South line with the Wes t line of the Eas t 1 5 . 00 feet of said Lot 2- thence run N 03' 0 7'13" W along said West line of the East 15 . 00 feet of Lot 2, for a distance of 1.87 feet to a point of curvature of a circu I ar curve being concave to the Southwest and also the POINT OF BEGINNING of the parcel herein descr ibed; thence run Northwesterly along said cir cu I ar curve, having for its elements a central angle of 86"47' 1 4" and a r ad ius of 22 . 00 f eet ; for an arc dist an ce of 33 . 3 2 feet to a point of reverse curvature with a circular cu r ve be in g concave to the Northeast and having for it s elements a cen t ral an gle of 06"42'57" and a r ad ius of 552.00 feet; thence run Northwesterly along said circul ar curve, for an arc distance of 64.70 feet to a po in t of in t er sect ion w i th the West line of Lot 1 of said RIVERDALE PARK; thence run N 0 3' 07'13 " W along said West line of Lot 1 for a dist ance of 17 . 27 feet to a point of intersection with a circular curve bein g concave to the Northeast and also a po in t of intersection with the Southerly R i gh t of Way line of N. W. N or th Riv er Drive as shown on the FI or ida Depa r tm en t of Tr an spo r t at ion R i gh t of Way Maps for Section 87 67 4- 2601 as r ecor ded in Road Map Book 72 a t Page 93 of the Pub Iic Records of Dade Coun t y, Flor ida; thence run Sou t heast er1 y and N or theast erly along the Sou the r ly Right of Way Line of said N. W. Riv er Drive, and also al ong said circular cur ve, h av in g for its elements a cen t ral an gle of 08"07'33" and a radius of 535.00 feet, for an arc distance of 75.88 feet to a point of rever se cur va t ur e with a circular curve being concave to the Sou th w es t and h av ing for its el em en t s a central angle of 87"52' 44 " and a radius of 10.00 feet; thence run Northeast erly , Easterly and Southeasterly along said circular curve, for an arc distance of 1 5.3 4 feet to a point of tangency on the West I i ne of the East 15 . 00 feet of Lot 1 of said RIV ERDA LE PARK ; thence run S 03-07'13 " E along the Ias t described line , for a distance of 28.28 feet to the POIN T OF BEGIN NI NG. SURVEYOR'S NOTES: 1) This is not a BOUNDARY SURVEY, but onl y a GRAPHIC DEPICTION of the description shown hereon. 2) Not valid without the signature and the original r aised sea I of a Florida Licensed Sur veyo r and Mapper . Additions or deletions to survey maps or reports by other than the signing party or parties are prohib it ed without written consent of the signing party or pa rt ies. There may be addi t iona I Restrictions not shown on this survey that may be found in t he Pub Iic Records of this County, Examination of ABSTRACT OF TITLE will have to be made to det erm ine reco r ded instruments, if any affect in g this pr ope r t y. No Title search has been per for m ed to determine if there are any con fl ict exist in g or ar isin g out of the cr eat ion of the Easements, Right of Ways , Parcel Descr ip t ion s, or any other type of en cum br ances t hat the her ein described lega I may be u til ized for. The North arrow and beari n gs shown hereon are based on afo r em en t ioned recorded plat. 4) 5) SURVEYOR'S CERTIFICATE: I Hereby Cer t ify to the bes t of my knowledge and belief t hat t his drawing is a t rue and correct repr esen t at ion of t he SKETCH AND LEGAL DESCRIPTION of the rea I property described hereon. I fur t her cer t i fy that this survey was prepared in accordance w i th the applicable prov ision s of Chapter SJ- 1 7, FI or ida Adm finis t r at ive Code oa':.a;NSE.S 3; ,., Digitally signed by Jacob Gomis Date: 2024.05 .07 QJ.:53.:..04::04'..D(L AOVF C.1 u� LB #7282 LAND S U R V E Y O R S, I N C. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL 33014 PHO NE: 305-822-6062 * FAX: 305-827-9669 Date: May 2, 2024 Job Number: RP24-0074 NOTE: This Sketch is NOT A BOUNDARY SURVEY . JACOB GOMIS Pr ofessio nal Surveyor & Mapper St at e of Florida Reg. No. 623 1 This Document is not full and complete without all Sheets, Containing a total of (2) Sheet Page 1 of 2 SKETCH & LEGAL DESCRIPTION EXHIBIT "A" POINT OF BEGINNING LESS- OUT PARCEL I 11 III °1 IIIIIIIIIi SCALE 1" 30' LEGEND LOT-8 CENTERLINE R-535,00' A=00'59.35" A2T MIAMI-DADE COUNTY LIMITS N.W. NORTH RIVER DRIVE CITY OF MIAMI LIMITS 87' TOTAL PUBLIC RIGHT-OF-WAY ORIGINAL RIGHT-OF-WAY LINE R_5�500 — ' — 11=08'07'33" 11 I - — -- j?=a52.00`-A=75.58' ` f -- 1 - LOT-'u '42'S7 o R B.1U4U449 PARCEL \� R85'47'14• 4.70' - - _1_ _ 1 A=33.32' I�� 1 N � 1 Q 1 S.E. CORNER r- 21 LOT 2 r--co I N.E. CORNER Of N.E.1/4, N.E. 1/4 OF SECTION 33-53-411 0: I 15.0' POINT OP BEGINNING LESS -OUT PARCEL 587'01'27"W 65.00' LOT-3 f2 - I 1 isz - ] tOwa, r J-. re§ I I k3 [ LOT-5 os_;Z 1 ° < - - - n:=ou - - - I 3-- 1 I I L _ _ - - -I , ---•-- I 1 I 1 I 1 I I I I LOT-6 I 1 I R=10.00' A 87'52'44" N A=15.34' 50-0' 35.0T R0`4dAlii1=11-1/4 rLi LB #7282 LAND BTJRV1=YOR13, INC. VJe, I I ,1 LOT-4 ! VJ- 1 1 0 - 1 - 1 cc * G --§ 1 ---- 1 a< I -r Do t e: Moy 2, 2024 Job Num ber: RP24-0074 en 0 Z 0 <( 0 0:: W kJ I-. (/) ii I I !g Z a< W <( ..c t-- 1 6175 NW153rd STREET SUITE321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 NOTE: Th is Sketch is NOT A BOUNDARY SURVEY . This Document is not full and comp lete wit hou t all Sheets, Co n taining a total of (2) Sheet Page 2 of 2