HomeMy WebLinkAboutPZAB (15708) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-030
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15708 Date Rendered: 4/23/2024
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, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE WESTERN PORTION OF THE
PROPERTY BIFURCATED BY TWO (2) TRANSECT ZONES GENERALLY LOCATED
AT 184 NORTHEAST 56 STREET AND THE PROPERTY GENERALLY LOCATED AT
175 NORTHEAST 55 STREET FROM "T4-R," GENERAL URBAN TRANSECT ZONE —
RESTRICTED, TO "T4-O," GENERAL URBAN TRANSECT ZONE - OPEN, RATHER
THAN THE REQUESTED "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, WITH
BOTH PROPERTIES BEING LOCATED WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF MIAMI, FLORIDA AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the two (2) properties generally located at 184 Northeast 56 Street (western
portion) and 175 Northeast 55 Street, Miami, Florida as more particularly described in the
attached and incorporated Exhibit "A," (collectively, "Property") are zoned "T4-R," General
Urban Transect Zone — Restricted, on the Zoning Atlas of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the property at 184 Northeast 56 Street is bifurcated by two (2) different
Transect Zones: "T4-R," General Urban Transect Zone — Restricted, and "T5-O," Urban Center
Transect Zone — Open; and
WHEREAS Steven J. Wernick, Esq. AICP, on behalf of 5500 W Little Haiti, LLC,
("Applicant") submitted to the City of Miami ("City") a request to change the western portion of
184 Northeast 56 Street and the property generally located at 175 Northeast 55 Street from "T4-
R," Urban General Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open;
and
WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately
19,990 square feet (0.056 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation on the Miami
Comprehensive Neighborhood Plan ("MCNP") is Medium Density Multifamily Residential; and
WHEREAS, the request to change the zoning classification from "T4-R," General Urban
Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, is not consistent
with the Property's existing future land uses ("FLU") of Medium Density Multifamily Residential,
therefore, a concurrent Comprehensive Plan Amendment is required; and
Date Rendered: 4/23/2024
City of Miami Page 1 of 3 File ID: 15708 (Revision:) Printed On: 4/23/2024
WHEREAS, the request to change the FLU from Medium Density Multifamily Residential
to Restricted Commercial is being processed concurrently (PZ-23-16870); and
WHEREAS, the Property is located in a portion of the Little Haiti neighborhood where
there are a variety of zoning classifications, Commercial Uses, and housing types; and
WHEREAS, the City's Planning Department found the application inconsistent with
Miami 21 Code, Article 7, Sections 7.1.2.8.f.1.a. and7.1.2.8.f.1.2.; and
WHEREAS, the City's Planning Department found the application consistent with Miami
21 Code, Article 7, Section 7.1.2.8.f.2; and
WHEREAS, the City's Planning Department recommended denial of the change in
zoning classification from "T4-R," Urban General Transect Zone — Restricted, to "T5-O," Urban
Center Transect Zone - Open; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full
consideration to the Planning Director's recommendation; and
WHEREAS, the PZAB 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, the PZAB has considered the goals, objectives, and policies of the
MCNP, the Miami 21 Code and the criteria therein, and all other City regulations; and
WHEREAS, the PZAB conducted a public hearing on the subject rezoning
application, and made a recommendation based on whether the criteria in the Miami 21
Code were met; and
WHEREAS, pursuant to Section 7.1.2.8.f.2 of the Miami 21 Code, a change may
be made only to the next intensity Transect Zone or by a Special Area Plan, 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, after the public hearing and consideration of all of the applicable
criteria, PZAB found appropriate to recommend approval of a zoning change from "T4-
R" to "T4-O," rather than to the requested "T5-O;"
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 approval of an ordinance amending the Zoning Atlas of the Miami 21 Code by
changing the zoning classification from "T4-R," Urban General Transect Zone — Restricted, to
City of Miami Page 2 of 3 File ID: 15708 (Revision:) Printed On: 4/23/2024
"T4-O," Urban General Transect Zone - Open, for the property generally located at the western
portion of 184 Northeast 56 Street and the property generally located at 175 Northeast 55 Street
Miami, Florida, both as more particularly 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 the Resolution shall not
be affected.
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: 15708 (Revision:) Printed On: 4/23/2024