HomeMy WebLinkAboutPZAB (12963) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-22-074
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 12963 Final Action Date: 12/21/2022
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: "T3-O" SUB -URBAN TRANSECT ZONE —
OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE -OPEN WITH A "VILLAGE
WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD
CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY
LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718
WASHINGTON AVENUE, 3719 THOMAS AVENUE, MAINTAINING THE ZONING
CLASSIFICATION OF "T3-O" SUB -URBAN TRANSECT ZONE — OPEN WITH A
"VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY
GENERALLY LOCATED AT 3735 WASHINGTON AVENUE, AND MAINTAINING THE
ZONING CLASSIFICATION OF "T5-O" URBAN CENTER ZONE— OPEN WITH A
"VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY
GENERALLY LOCATED AT 3710 GRAND AVENUE ("ASSEMBLAGE A"); CHANGING
THE ZONING CLASSIFICATION OF "T3-R" SUB -URBAN TRANSECT ZONE —
RESTRICTED TO "T4-O" GENERAL URBAN TRANSECT ZONE — OPEN WITH A
"VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTIES
GENERALLY LOCATED AT 3475, 3479, AND 3481 HIBISCUS STREET, 3475 AND
3435 WILLIAM AVENUE, 3452, 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454
AND 3456 ELIZABETH STREET, AND CHANGING THE ZONING CLASSIFICATION
FROM "T3-R" SUB -URBAN TRANSECT ZONE — RESTRICITED AND "T5-O" URBAN
CENTER TRANSCET ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT
ZONE -OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE
NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE
PROPERTY GENERALLY LOCATED AT 3449 HIBISCUS STREET ("ASSEMBLAGE
B"); AND CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN
TRANSECT ZONE - OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE - OPEN
WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2"
(NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY
GENERALLY LOCATED AT 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET
AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C"), MIAMI, FLORIDA,
(COLLECTIVELY THE "ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN
COMPOSITE EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Miami Page 1 of 5 File ID: 12963 (Revision:) Printed On: 12/28/2022
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami (the
"Applicant") has submitted a request to change the zoning classification from "T3-O" Sub -Urban
Transect Zone —Open to "T4-O" General Urban Zone -Open for 3424 and 3442 Southwest 37
Avenue, 3714 and 3718 Washington Avenue, and 3719 Thomas Avenue, maintain the zoning
classification of "T3-O" Sub -Urban Transect Zone — Open for 3735 Washington Avenue and
maintain the zoning classification of "T5-O" Urban Center Transect Zone —Open for 3710 Grand
Avenue ("Assemblage A"), Miami, Florida pursuant to Directive 22-036 from the October 13,
2022 City Commission meeting; and
WHEREAS, the Applicant further submitted a change in the zoning classification from
"T3-R" Sub -Urban Transect Zone — Restricted to "T4-O" General Urban Transect Zone — Open
for the properties generally located at 3475, 3479, and 3481 Hibiscus Street, 3475 and 3435
William Avenue 3452, 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456 Elizabeth
Street and a change in the zoning classification from "T3-R" Sub -Urban Transect Zone —
Restricted and "T5-O" Urban Center Transect Zone — Open to "T4-O" General Urban Transect
Zone - Open for the property generally located at 3449 Hibiscus Street ("Assemblage B"),
Miami, Florida pursuant to Directive 22-036 from the October 13, 2022 City Commission
meeting; and
WHEREAS, the Applicant further submitted a change in the zoning classification from
"T3-O" Sub -Urban Transect Zone — Open to "T4-O" General Urban Transect Zone — Open for
the property generally located at 3135, 3145, 3153, 3163, and 3173 Mundy Street, and 3645
and 3633 Day Avenue ("Assemblage C"), Miami, Florida pursuant to Directive 22-036 from the
October 13, 2022 City Commission meeting; and
WHEREAS, Assemblage A, Assemblage B, and Assemblage C are collectively the
referred to as "Assemblage"; and
WHEREAS, Assemblage A consists of seven (7) parcels totaling approximately
32,917.09 square feet (0.75 acres) of land; and
WHEREAS, Assemblage B consists of twelve (12) parcels totaling approximately 77,365
square feet (1.77 acres) of land; and
WHEREAS, Assemblage C consists of seven (7) parcels totaling approximately 39,590
square feet (0.90 acres) of land; and
WHEREAS, the Assemblage consists of twenty-six (26) parcels totaling approximately
149,872.09 square feet (3.44 acres) of land; and
WHEREAS, the request is currently inconsistent with the existing future land uses
("FLU") for five (5) parcels in Assemblage A, ten (10) parcels in Assemblage B, and seven (7)
parcels in Assemblage C; therefore, a concurrent Comprehensive Plan Amendment is required
for the Assemblage and has been submitted as a companion application, PZ-21-10250; and
WHEREAS, the Assemblage is located in the Village West Island and Charles Avenue
Neighborhood Conservation District ("NCD-2"); and
City of Miami Page 2 of 5 File ID: 12963 (Revision:) Printed On: 12/28/2022
WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market Overlay
District," was established by Ordinance No.12324 by amending the prior City of Miami Zoning
Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and
WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No.
12417 rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No.
11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay
District"; and
WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651
amending Article 6 to add Section 626, titled "Village West Island Special Overlay District,",
repealing the NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District, and
further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood
Conservation Overlay District"; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the current Zoning Ordinance ("Miami 21 Code"); and
WHEREAS, on April 23, 2020, the Miami City Commission, per City Commission
Resolution No. R-20-0131, found that the West Grove has been plagued by economic blight;
and
WHEREAS, pursuant to City Commission directive on September 10, 2020, the City of
Miami ("City"), working with a consultant, completed a report to identify future housing
opportunities within the West Grove community, titled "West Grove Affordable Housing
Blueprint"; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission
directed the City Manager and the City Attorney to take any and all actions to improve
affordable housing within the Little Bahamas area of the City; and
WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood
Conservation District regulations, titled "Village West Island District and Charles Avenue"
("NCD-2"); and
WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove
that are historically significant; to promote gateways, gathering places, and activities
corresponding to its culture and heritage; to compliment the character of the entire community
and promote the history of the Island District; and to promote its successful revitalization and
restoration; and
WHEREAS, the Assemblage is located within the West Grove neighborhood where
there are a variety of zoning designations, commercial uses, and single family and duplex
housing types; and
WHEREAS, the application is consistent with Miami 21 Code, Article 7, Section
7.1.2.8.f.1(a) in that the proposed change from "T3-O" to "T4-O", "T3-R" to "T4-O", as well as
from "T3-R" and "T5-O" to "T4-O" would permit neighborhood retail, office, residential and
community facilities and create a buffer between adjacent "T3-O" residential areas and higher
intensity "T5-O" Transect Zone, making it consistent with Policy LU-1.1.7; and
City of Miami Page 3 of 5 File ID: 12963 (Revision:) Printed On: 12/28/2022
WHEREAS, changes from "T3-O" to "T4-O", "T3-R" to "T4-O", as well as "T3-R" and
"T5-O" to "T4-O" could alleviate the conditions of blight while supporting the intentions of
maintaining the distinct character and heritage of Village West Island District; and
WHEREAS, the proposed application is consistent with the Miami 21 Code, Article 7,
Section 7.1.2.8.f.1(b); and
WHEREAS, there are changing conditions in the form of blight and changing the "T3-O"
to "T4-O", "T3-R" to "T4-O" Transect Zone and from "T3-R" and "T5-O" to "T4-O" could alleviate
the issues of blight, making the changes necessary and consistent with the Miami 21 Code,
Article 7, Section 7.1.2.8.f1(b); and
WHEREAS, the proposed application is consistent with the Miami 21 Code, Article 7,
Section 7.1.2.8.f.2 in that the changes occur in succession to the next higher Transect Zone;
and
WHEREAS, the proposed zoning change from "T3-O" to "T4-O", "T3-R" to "T4-O", as
well as from "T3-R" and "T5-O" to "T4-O" can be deemed appropriate in light of the intent of the
Miami 21 Code; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T3-O" Sub -Urban Transect—Open to "T4-O" General Urban -Open for Assemblage A; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T3-R" Sub -Urban Transect—Open to "T4-O" General Urban -Open and "T3-R" Sub -Urban
Transect—Open and "T5-O" Urban Center Transect Zone - Open to "T4-O" General Urban
Transect Zone — Open for Assemblage B; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T3-O" Sub -Urban Transect—Open to "T4-O" General Urban -Open for Assemblage C; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full consideration to
the Planning Director's recommendation; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, 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:
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 "T3-O" Sub -Urban Transect Zone —Open to "T4-O" General Urban
City of Miami Page 4 of 5 File ID: 12963 (Revision:) Printed On: 12/28/2022
Zone -Open for 3424 and 3442 Southwest 37 Avenue, 3714 and 3718 Washington Avenue, and
3719 Thomas Avenue, maintaining the zoning classification of "T3-O" Sub -Urban Transect Zone
— Open for 3735 Washington Avenue and maintaining the zoning classification of "T5-O" Urban
Center Transect Zone —Open for 3710 Grand Avenue ("Assemblage A"); by changing the
zoning classification from "T3-R" Sub -Urban Transect Zone — Restricted to "T4-O" General
Urban Transect Zone — Open for the properties generally located at 3475, 3479, and 3481
Hibiscus Street, 3475 and 3435 William Avenue, 3452 3440, 3430, and 3460 Thomas Avenue,
and 3454 and 3456 Elizabeth Street and a change in the zoning classification from "T3-R" Sub -
Urban Transect Zone — Restricted and "T5-O" Urban Center Transect Zone — Open to "T4-O"
General Urban Transect Zone - Open for the property generally located at 3449 Hibiscus Street
("Assemblage B"); and changing the zoning classification from "T3-O" Sub -Urban Transect Zone
— Open to "T4-O" General Urban Transect Zone — Open for the property generally located at
3135, 3145, 3153, 3163, and 3173 Mundy Street, and 3645 and 3633 Day Avenue
("Assemblage C), Miami, Florida, (collectively, "the "Assemblage,") as described in "Composite
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 the Resolution shall
not be affected.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 5 of 5 File ID: 12963 (Revision:) Printed On: 12/28/2022
Exhibit "A"
Address: 3424 SW 37 AVE
Folio: 0141200070800
Legal Description: ST ALBANS PARK PB 5-81 LOT 48 & N1/2 OF LOT 47 BLK B LOT SIZE 52.710 X
79 OR 20226-0190 0202 3 COC 26458-4933 06 2008 1
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
rodew the information at the pubec hearing to render a
recommendation or a final decision.
PZ-22-15645
11/30/22
Address: 3442 SW 37 AVE
Folio: 0141200070790
Legal Description: ST ALBANS PARK PB 5-81 LOTS 44-45-46 & S1/2 OF LOT 47 BLK B LOT SIZE
8357 SQ FT M/L
Address: 3714 WASHINGTON AVE
Folio: 0141200070810
Legal Description: ST ALBANS PARK PB 5-81 LOT 49 & E7FT LOT 50 BLK B LOT SIZE 27.000 X 70
OR 13460-720 0987 1
Address: 3718 Washington Ave
Folio:0141200070820
Legal Description: ST ALBANS PARK PB 5-81 W13FT OF LOT 50 & E9.5FT OF LOT 51 BLK B LOT
SIZE 22.500 X 70 OR 13460-719 0987 1
Address:3735 WASHINGTON AVE
Folio: 0141200070010
Legal Description: ST ALBANS PARK PB 5-81 LOTS 1-2 BLK 1 OR 13129-0433 1286 3 COC 26063-
3528 11 2007 1
Address: 3719 Thomas Ave
Folio: 0141200070780
Legal Description: ST ALBANS PARK LOT 43 & E18.5FT OF LOT 42 BLK B PB 5-81 LOT SIZE 38.500
X 70 COC 24062-4950 12 2005 5
Address: 3710 GRAND AV
Folio: 0141200070200
Legal Description: ST ALBANS PARK PB 5-81 PORT OF LOTS 41 THRU 52 DESC BEG SW COR LOT
52 N92.42FT NELY 112.31FT SELY AD 40.45FT 553.92 FT SWLY AD 39.47 W113.22FT TO POB BLK
A COC 20925-4011 THRU 4019 1202 1
Exhibit "A"
Address: 3479 HIBISCUS ST
Folio: 0141210074750
Legal Description: FROW HOMESTEAD PB B-106 LOT 34 LESS W1.5FT FOR ST BLK 28 LOT SIZE
50.000 X 99 OR 16273-0882 0294 4 COC 21774-2796 09 2003 1
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
rodew the information at the pubec hearing to render a
recommendation or a final decision.
Address:3481 HIBISCUS ST
Folio: 0141210074760
Legal Description: FROW HOMESTEAD PB B-106 LOT 35 BLK 28 LOT SIZE 50.000 X 100 74R
113121
PZ-22-15645
11/30/22
Address: 3475 WILLIAM AV
Folio: 0141210120650
Legal Description: 21 54 41 DE HEDOUVILLES PB B-150 LOTS 65 & 66 LOT SIZE 120.000 X 124 74R
113122
Address: 3447 WILLIAM AV
Folio: 0141210120641
Legal Description: DE HEDOUVILLES PB B-150 LOT 64 LOT SIZE 50.000 X 124
OR 12419-555 0185 4
Address:3435 WILLIAM AV
Folio: 0141210120640
Legal Description: DE HEDOUVILLES PB B-150 LOT 63 LOT SIZE 50.000 X 124
Address: 3401 WILLIAM AV
Folio: 0141210120630
Legal Description: 21 54 41 DE HEDOUVILLS PB B-150 LOT 62 LOT SIZE 75.000 X 124
Address: 3452 THOMAS AV
Folio: 0141210120260
Legal Description: DE HEDOUVILLES PB B-150 LOT 24 LESS E9FT & E9FT LOT 23 LOT SIZE 50.000 X
124 OR 16737-4183 0495 4
Address: 3440 THOMAS AV
Folio: 0141210120270
Legal Description: DE HEDOUVILLES PB B-150 LOT 25 & E9FT LOT 24 LOT SIZE 59.000 X 124
Address:3430 THOMAS AV
Folio: 0141210120280
Legal Description: DE HEDOUVILLES PB B-150 LOT 26 LOT SIZE 50.000 X 124 OR 10185-1605
1078 1
Address: 3449 HIBISCUS ST
Folio: 0141210074730
Legal Description: FROW HOMESTEAD PB B-106 LOTS 31 & 32 LESS W1.5FT FOR ST
SIZE 100.000 X 99 OR 10780-2303 0680 5
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
rodew the information at the pubec hearing to render a
recommendation or a final decision.
PZ-22-15645
11/30/22
Address:3456 ELIZABETH ST
Folio: 0141210120300
Legal Description: DE HEDOUVILLES PB B-150 S50FT LOT 27 LOT SIZE 50.000 X 75 OR 9604-866
COC 26122-1256 12 2007 1
Address: 3460 THOMAS AVE
Folio: 0141210120250
Legal Description: DE HEDOUVILLES PB B-150 LOT 23 LESS E9FT LOT SIZE 61.000 X 124 COC
26534-1209 08 2008 1
Address: 3475 HIBISCUS ST
Folio: 0141210074740
Legal Description: FROW HOMESTEAD PB B-106 LOT 33 LESS W1.5FT FOR ST BLK 28 LOT SIZE
50.000 X 99 OR 20869-3751 11/2002 1
Address: 3454 ELIZABETH ST
Folio: 0141210120290
Legal Description: DE HEDOUVILLES PB B-150 N73FT LOT 27 LOT SIZE 75.000 X 73
EXHIBIT "A"
Address: 3121 MUNDY ST
Folio: 0141210060120
Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 12 LOT SIZE 50.000 X 107 OR 18933-1104 1
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicable decision -making body will
rodew the information at the pubec hearing to render a
recommendation or a final decision.
PZ-22-15645
11/30/22
Address: 3125 MUNDY ST
Folio: 0141210060110
Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 11 LOT SIZE 50.000 X 107 OR 16636-4510 0994 1
Address: 3147 MUNDY ST
Folio: 0141210060100
Legal Description: MUNDY SUB PB 15-29 LOT 10 LOT SIZE 50.000 X 107 OR 9512 2041 COC 23410-1567
05 2005 1
Address: 3135 MUNDY ST
Folio: 0141210060090
Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 9 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2
Address: 3145 MUNDY ST
Folio: 0141210060080
Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 8 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2
Address: 3153 MUNDY ST
Folio: 0141210060070
Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 7 LOT SIZE 50.000 X 107 OR 20101-3331 12/2001
1 COC 24718-3470 07 2006 1
Address: 3163 Mundy Street
Folio: 0141210060060
Legal Description: MUNDY SUB PB 15-29 LOT 6 LOT SIZE 50.000 X 107 OR 20997-2604 01/2003 1
Address: 3173 MUNDY ST
Folio: 0141210060050
Legal Description: MUNDY SUB PB 15-29 LOT 5 LOT SIZE 50.000 X 107 74R-262731 OR 18156-
3470/23718-0868 0698 4 COC 23718-0870 08 2005 4
Address: 3633 DAY AV
Folio: 0141210060045
Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 4 LOT SIZE 7020 SQ FT M/L FAU 01 4121 006 0040
Address: 3645 DAY AV
Folio: 0141210060040
Legal Description : 21 54 41 MUNDY SUB PB 15-29 LOT 3 LOT SIZE 5820 SQ FT M/L