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Home My WebLink AboutPZAB (11392) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-077 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 11392 Date Rendered: 10/10/2025 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL BY THE REQUIRED SUPERMAJORITY VOTE, TO THE MIAMI CITY COMMISSION OF AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OR MIAMI ("MIAMI 21 CODE") AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER ZONE — LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN OF THE PROPERTY GENERALLY LOCATED AT 349 SOUTHWEST 12TH STREET, 375 SOUTHWEST 15TH ROAD, 1109 AND 1131 SOUTHWEST 4TH AVENUE, AND 364 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property is generally located at 349 Southwest 12th Street, 375 Southwest 15th Road, 1109 and 1131 Southwest 4th Avenue, and 364 Southwest 11th Street (collectively the "Property"), Miami, Florida, and is zoned "T5- L" Urban Center Transect Zone - Limited on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, MF2 LLC, KLA Elementary, LLC, and Pablo Lopez (collectively, the "Applicant") submitted a request to change the zoning classification from "T5-L" Urban Center Transect Zone -Limited to "T5-O" Urban Center Transect Zone — Open; and WHEREAS, the Property is an assemblage of five parcels totaling approximately 63,410 square feet (±1.45 acres gross) of land; and WHEREAS, the Future Land Use Map designation for the Property is Medium Density Restricted Commercial; and WHEREAS, the request to rezone the Property from the "T5-L" Transect Zone to "T5-O" Transect Zone is consistent with the Property's existing future land uses ("FLU"), therefore, a concurrent Comprehensive Plan Amendment is not required; and WHEREAS, the Property encompasses the city block bounded by SW 11th Street to the North, Interstate-95 to the East, SW 12th Street and SW 15th Road to the South, and SW 4th Avenue to the West; and WHEREAS, the parcel at 349 NW 12th Street is developed with a two-story building, constructed in 1934, and the parcel located at 364 SW 11th Street is developed with a two-story multi -family building constructed in 1948; and Date Rendered: 10/10/2025 City of Miami Page 1 of 4 File ID: 11392 (Revision:) Printed On: 10/10/2025 WHEREAS, the three parcels located at 375 SW 15th Road and 1109 and 1131 SW 4th Avenue, are the site of a new KLA Preschool and Elementary School approved pursuant to Planning Warrant No. 2017-0084; and WHEREAS, zoning designations are found to be: "T4-R" to the North, "T4-O" to the South, and "CS" and "T3-O" to the West of the Property; and WHEREAS, there is no "T5-O" in the vicinity of the Property; and WHEREAS, the Property falls within the boundaries of the Brickell Metrorail Transit Oriented Development (TOD) Area and is located within a quarter mile of the SW 3rd Avenue Transit Corridor; and WHEREAS, the property was zoned "R-3" Multifamily Medium -Density Residential under the previous Zoning Code, Ordinance No. 11000, which permitted 65 dwelling units per acre; and WHEREAS, the proposed "T5-O" Urban Center Transect Zone - Open classification will not result in an increase in Density, but unlocks the potential for a development comprised entirely of office and commercial uses, adjacent to a residential neighborhood; and WHEREAS, this request to Rezone the Property is inconsistent with the City of Miami Neighborhood Comprehensive (MCNP) Land Use Policies, LU-1.1.3 and LU-1.6.9, as the Property is in an established residential neighborhood and the proposed change could permit the development of a five -story office or commercial building and would introduce traffic and congestion into an established neighborhood making the request inconsistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.1(a); and WHEREAS, there have been no changes to the Miami 21 Atlas boundaries in the vicinity of the Property since the adoption of Miami 21 deeming the changes necessary and consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.1(b); and WHEREAS, the Applicant states in their letter of intent that the proposed rezoning is requested to permit the property owner at 349 SW 12th AV (MF2) "to use the entirety of the existing building as commercial and office use;" and WHEREAS, the Applicant also stated in their letter of intent that "the property owned by Lopez plans to remain the same" however, should Mr. Lopez choose in the future, given his parcel is located next to Interstate 95, to use it as commercial and/or office space, the rezone will allow him that flexibility; and WHEREAS, the Rezone application is consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.2 in that the proposed change from "T5-L" to "T5-O" is successional; however, represents an increase in Office and Commercial intensity within established T3 and T4 neighborhoods; and WHEREAS, the proposed zoning change from "T5-L" to "T5-O" can be deemed inappropriate in light of the intent of the Miami 21 Code; and City of Miami Page 2 of 4 File ID: 11392 (Revision:) Printed On: 10/10/2025 WHEREAS, the Planning Department recommends denial of the rezoning application from "T5-L" Urban Center Transect Zone —Limited to "T5-O" Urban Center Transect Zone - Open; and WHEREAS, Planning, Zoning and Appeals Board (PZAB) has considered the need and justification of the proposed change, including changed and changing circumstances, as well as the Planning Department recommendation; and WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, no action to recommend a rezoning shall be taken without the concurring votes of a supermajority of board members present with said supermajority consisting of one (1) more member than a simple majority; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the zoning change with was made wherein four (4) PZAB members voted in favor and four (3) PZAB members voted against, thereby failing to receive the required five (5) supermajority votes to recommend approval of the amendment to the Miami 21 Zoning Atlas, to change zoning of the Property from "T5-L," Urban Center Transect Zone -Limited, to "T5-O," Urban Center Transect Zone — Open; 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") does not recommend approval, by failing to obtain the required supermajority vote, to the City Commission of an Ordinance to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "T5-L" Urban Center Zone- Limited to "T5-O" Urban Center Zone- Open for the property generally located at 349 Southwest 12 Street, 375 Southwest 15 Road, 1109 and 1131 Southwest 4 Avenue, and 364 Southwest 11 Street, 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: City of Miami Page 3 of 4 File ID: 11392 (Revision:) Printed On: 10/10/2025 David Snow City of Miami Page 4 of 4 File ID: 11392 (Revision:) Printed On: 10/10/2025 SW 4 AVENUE_ SPECIFIC S SKETCH & LEGAL DESCRIPTION ZONE T5-O EXHIBIT "A" LEGAL DESCRIPTION: Lot 7 less right—of—way of Block 83 and Lots 8, 9, 10, 11, 12, 13 and the West 15 feet of Lot 14, in Block 83, of "SOUTH CITY OF MIAMI", according to the Plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Miami —Dade County, Florida. Said described parcel of land containing: 44,996 square feet (1.03+/— acres)(NET) 63,410 square feet (1.45+/— acres)(GROSS) PROPERTY ADDRESS: 1109-1 3 SW 4th AVENUE MIAMI, FL 33 130 Folio# 01-0208-030- 1080 AREA=7,366 So.Ft (0. 17+/- Acres NET) AREA= 12,500 S ,.Ft (0.29+/- Acres GROSS) 1 13 1 -33 SW 4th AVENUE MIAMI, FL 33 130 Folio# 0 1 -0208-030- 1070 AREA=8,683 So.Ft (0.20+/- Acres NET) AREA=9,933 Sci.Ft (0.23+/- Acres GROSS) 375 SW 1 5th ROAD MIAMI, FL 33130 Folio# 01-0208-030- 1090 AREA= I I ,597 Sci.Ft (0.27+/- Acres NET) AREA=20, 119 Sci.Ft (0.46+/- Acres GROSS) 364-370 SW I I th STREET MIAMI, FL 33130 Folio# 0 1 -0208-030-1 060 AREA=7,500 Sci.Ft (0. 1 7+/- Acres NET) AREA=9,367 Sci.Ft (0.2 I +/- Acres GROSS) 349 SW 1 2th STREET MIAMI, FL 33129 Folio# 01-0208-030- 1120 AREA=9,850 Sq.Ft (0.23+/- Acres NET) AREA= I 1 ,484 So.Ft (0.26+/- Acres GROSS) This submittal needs to be scheduled fora public hearing In ,ccordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body NOR reslew the information at the pubc hearing to render a recommendation or a final decla on. PZ-21-10163 11/24/21 SCALE: 1" = 100' S.W. 11st. STREET rtI ij jj 11,„ I 14 rrD 14, jlz Jim it S.W. 12th. STREET NOTE: This Sketch is NOT A BOUNDARY SURVEY. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT: in the professional opinion of the undersigned Professional Surveyor and Mapper in the State of Florida, the following Sketch and Legal Description meets the requirements of the Standards of Practice as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Copies of this Sketch and Legal Description are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Jacob MCnr Xc 1 °M Gomis LB #7282 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 Digitally signed by Jacob Gomis Date: 2021.06.24 15:51:22-04'00' Dated 02/23/21 JACOB GOMIS Professional Surveyor & Mapper State of Florida Reg. No. 6231 Page 1 of 1