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HomeMy WebLinkAboutPZAB (18534) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-25-082 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 18534 Date Rendered: 12/31/2025 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 "CI," CIVIC INSTITUTION ZONE, AND "T3-O,"SUB-URBAN TRANSECT ZONE — OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 151 NORTHWEST 60 STREET AND 145 NORTHWEST 60 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 151 Northwest 60 Street and 145 Northwest 60 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") is zoned "Cl"- Civic Institution Zone and "T3-O"-Sub-Urban Transect Zone — Open on the Zoning Atlas of Ordinance No. 13314, the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, Raider Road LLC ("Applicant") has submitted a request to change the zoning classification of the Property from "Cl"- Civic Institution Zone and "T3-O"-Sub-Urban Transect Zone — Open to "T4-L" -General Urban Transect Zone — Limited; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 49,260 square feet (1.13 acres) of land; and WHEREAS, the Property is bounded by the following Thoroughfares: Northwest 61 Street to the north, Northwest 1 Avenue to the east, Northwest 60 Street to the south, and Northwest 1 Place to the west; and WHEREAS, the Applicant has voluntarily proffered a draft Declaration of Restrictive Covenants ("Covenant"), attached and incorporated as Exhibit "B," that prohibits the Property from being used for any Commercial Uses and requires twenty percent (20%) of the total new units constructed on the Property to be leased, rented, or made available continuously to persons whose income does not exceed eighty percent (80%) of the area median income ("AMI") or, if developed pursuant to the Live Local Act, §166.04151(7)(b), Fla. Stat. (2025), in addition to the commitment in Section 2(a) above, 1) Twenty percent (20%) of the total new units constructed on the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed one hundred percent (100%) of the AMI and Date Rendered: 12/31/2025 City of Miami Page 1 of 4 File ID: 18534 (Revision:) Printed On: 12/31/2025 2) the remaining sixty percent (60%) of new units within the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed one hundred and twenty percent (120%) of the AMI; and WHEREAS, during the Planning, Zoning and Appeals Board ("PZAB") hearing, the Applicant's attorney indicated that the development on the Property would be limited to three (3) stories and voluntarily proffered to include such restriction in the Covenant; and WHEREAS, the Future Land Use Map designation of the Property is "Duplex Residential" and "Major Institutional, Public Facilities, Transportation and Utilities"; and WHEREAS, the Property is currently vacant, and the Abutting properties are characterized by Residential and Civic Uses; and WHEREAS, the a portion of the Property (151 Northeast 60 Street) was zoned "G/I, Government and Institutional" under the previous 11000 Zoning Code, which allowed for the development of facilities for federal, state, and local government activities, significant public or private health, recreational, cultural, religious, or educational activities, major transportation facilities, public utilities, and public and private cemeteries; and WHEREAS, the other portion of the Property (145 Northwest 60th Street) was zoned "R- 2, Two -Family Residential" under the previous 11000 Zoning Code, which permitted 65 dwelling units per acre; and WHEREAS, the proposed "T4-L"- General Urban Transect Zone — Limited classification would lead to increased Density, Building Height, and Intensity of Uses; and WHEREAS, Section Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code that indicates that consideration is to be given to "the relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations"; and WHEREAS, the City's Planning Department found that the application is inconsistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code as this proposed rezoning has the potential to allow the encroachment of Commercial Uses, such as a "Food Service Establishment" or "General Commercial", which are permitted "By right" into the middle of an established "T3" residential neighborhood. Thus, these Commercial Uses could act as a catalyst for altering the residential character and possibly introducing negative externalities, such as noise, light spillover, and increased traffic; and WHEREAS, within the time frame between 2016 and 2023, there were two (2) adopted rezones and two (2) adopted Special Area Plans to the Zoning Atlas of the Miami 21 Code, which are within a 0.25-mile radius of the Property, and as such, the Planning Department deems the changes justified due to changed or changing conditions that make the passage of the proposed change necessary, pursuant to Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the portion of the Property with address 151 Northeast 60 Street has ceased functioning as a Civic Use, and the existing Structure on the Property was condemned and demolished through a City -issued Demolition permit: BD17-001385-001; and City of Miami Page 2 of 4 File ID: 18534 (Revision:) Printed On: 12/31/2025 WHEREAS, when a CI zoned property, that being 151 Northwest 60 Street, ceases to be used for Civic functions, the successional rezoning is determined by identifying the lowest Intensity Abutting Transect Zone, in this case "T3-O" Sub -Urban Transect Zone - Open, and rezoning to that Transect Zone's next higher Intensity Zone, deeming the change successional pursuant to Article 7, Section 7.1.2.8.a.1 and Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the proposed rezone from "T3-O" Sub -Urban Transect Zone — Open to "T4- L- General Urban Transect Zone — Limited is successional pursuant to with Article 7, Section 7.1.2.8.f.2 and Section 7.1.2.8.a.1 of the Miami 21 Code; and WHEREAS, the City's Planning Department, however, finds that the change does not maintain the goals of the Miami 21 Code to preserve Neighborhoods and provide transitions in intensity and Building Height as required by Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the City's Planning Department finds that the proposed zoning change is not appropriate considering the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends denial of the rezoning application from "Cl"- Civic Institution Zone (CI) and "T3-O"-Sub-Urban Transect Zone — Open (T3-O) to "T4-L"- General Urban Transect Zone — Limited (T4-L); and WHEREAS, the Property Owner(s) shall fulfill all necessary requirements to effectuate the rezoning of this Ordinance within 30 days from the adoption of this Ordinance; 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, the PZAB also considered the voluntarily proffered Covenant that restricts commercial uses on the Property, has affordability requirements, and limits the development on the Property to three (3) stories; and WHEREAS, the PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, PZAB has considered whether the proposed change maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, based on the evidence in the record, the PZAB finds that there is competent substantial evidence to recommend to the Miami City Commission approval of this rezoning of the Property as described herein. 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. City of Miami Page 3 of 4 File ID: 18534 (Revision:) Printed On: 12/31/2025 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 ("Miami 21 Code"), as amended, by changing the zoning classification from "Cl"- Civic Institution Zone (CI) and "T3-O"-Sub-Urban Transect Zone — Open (T3-O) to "T4-L"- General Urban Transect Zone — Limited for the Property located at 151 Northwest 60 Street and 145 Northwest 60 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A,", Miami, Florida. Section 3. PZAB further recommends that the City Commission accept the voluntarily proffered Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B," with the additional voluntarily proffered restriction of limiting the development to three (3) stories. Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: David Snow City of Miami Page 4 of 4 File ID: 18534 (Revision:) Printed On: 12/31/2025 JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers SUITE 3025 SUITE B MPHIA s 0029 H:Pi2C) 540 23009 F.: (305) 292-0401 FAX (239) 540 2& 4 N.W. 61st STREET LEGEND - FENCE N.W. 60th STREET MAP OF BOUNDARY SURVEY 100.00 Erc 0^ PZ-24-'7607 PROPERTY ADDRESS: 145 NV100 STREET MIAMI, FLORIDA. 33127 FOLIO 3113-052-0280 161 NW 60 STREET, MIAMI, FLORIDA. 33127 FOL1001-3113-052-0270 CERTIFICATION: LEGAL DESCRIPTION: LOTS B THROUGH 1Z INCLUSIVE, BLOCH 1. ROCHMOOR PARK TRACT. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4. PAGE 190, OF THE PUBLIC RECORDS OF MIAMI-JADE COUNTY, FLORIDA. LOT1.3 BLOCK 2, OF ROCK1.900R PARK TRA CT, ACCORDING TO THE PVT THEREOF, AS RECORDED IN PV TBOON 4. PAGE 190. OF THE PUBLIC RECORDS OF DE COLIN,, FLORIDA. WHOSE STREET ADDRESS IN KNOWN AS 146 N. W. 60TH STREET. MIAMI. FLORIDA 33127. LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY: •ThERE E.4 SEVEN. RECORDED IN E PUBLIC RECORDS NOT.SHOIVN ON MI $ SURVEY •TIIE PURPOSE OF THIS SURVEY IS FOR USE IN 0,91,INING PRE INSURMCE FIAMMG,ND SHOULD NOT... FOR CONSTRUCT/ON PURPOSES DONS OF THE .,BSTRACT OF TYRE IVILL HAVE TO BE ,.A.,DE TO DETERIM,VE RECORDED •ThIS SURVEY IS SUBJECT TO DEB/CAPONS L111,111, DONS RESTRICTIONS RESER', PONS OR EiSEMENTS OF RECORD. •BOUNDARY SURVEY MEINS BR AND/ OR GRAPhIC REPRESEY,PON OF THE SURVEY ThE OR FENCES MAY BE EXAGGERATED FOP CLAPI, PURPOSES. .FENCE OWNERSHIP NOTDEIERAINEO. •Th/5 ELM OF SURVEV,S BEEN PREPARED FOR THE EY CLUSIVE USE OE THE SWIPES NAMED FLOOD ZONE INFORMATION: 120650 SUFFIX DATE OF FIRM 09 11,2009 SURVEYOR' S NOTES: OF THE PROPERTY. IF NOT. BEARINGS ARE THEN REFERRED TO COUNTY, TOWNSHIP MPS. 2. THE CLOSURE IN THE BOUNDARY SURVEY IS ABOVE 1q500 FT. SURVEYOR'S CERTIFICATION: ,EREBY CERTFY THS "BOUNDARY SURVEY" OF THE PROPERTY DESCRIBED THEREN, HAS RECEI„TLY BEEN SURVEYED AND DRAWN U.6.4 My SUPERVISION, A100 COMPLIES WITH THE STAn'DARDS OF PRACTCEA S SET FORT, BY THE FLORIDA BOARD OF PROFESSIONAL LAIOD SURVEYORS IN CHAPTER 5,7, FLORIDA Date: 2024.08.07 PROFE.S,0,,, LAND SURVEYOR NO n77, STATE O£FLOR/DA GRAPHIC SCALE I INr- zo EET OR B FIELD DAT 02 .0001 OF Digitally signed by