HomeMy WebLinkAboutPZAB (3614) Resolutionf
City of Miami
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PZAB Resolution
3500 Pan American Drive
•_••
Miami, FL 33133
www.miamigov.com
Enactment Number: PZAB-R-18-025
File ID: 3614 Final Action Date: 6/612018
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION FROM 73-0", SUB -URBAN - OPEN, TO 74-R", GENERAL
URBAN - RESTRICTED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
3710 NORTHWEST 13 AVENUE AND 1329 NORTHWEST 37 STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties located at approximately 3710 Northwest 13 Avenue and
1329 Northwest 37 Street, Miami, Florida ("Properties") are currently zoned "T3-0", Sub -Urban -
Open Transect Zone;. and
WHEREAS, STW Real Estate, LLC and Soto Holdings and Investments, Inc.
(collectively, "Applicants") have submitted an application to change the zoning classification to
"74- R", General Urban — Restricted Transect Zone; and
WHEREAS, the Planning Department recommended denial of the request as the
proposed zoning change would increase the intensity of allowed uses and density of the
Properties, would be out of scale with the surrounding neighborhood, and appears to
create an isolated pocket of 74-R", General Urban — Restricted; and
WHEREAS, the Properties are located within a Transit Oriented Development ("TOD");
and
WHEREAS, the Applicants have voluntarily proffered a restrictive covenant running with
the land ("Covenant") for the Properties that provides restrictions to the uses and heights; and
WHEREAS, the Covenant for the subject Properties located at 3710 Northwest 13
Avenue and 1329 Northwest 37 Street proposes the following restrictions:
The future development of the Properties shall be limited to permissible residential
uses under the T4 -R Transect Zone, pursuant to Article 4, Table 3 of the City of
Miami's Zoning Ordinance ("Miami 21").
2. All future residential units constructed on the Properties may be sold or rented only
as Workforce Housing, as defined by Section 1.2 of Miami 21.
3. Maximum height for any buildings on the Properties shall be two (2) stories, except
City of Miami Page i of 3 File ID: 3614 (Revision: A) Printed On: 7/5/2018
for any building on Lot 12, Block 55 of NORTH MIAMI ESTATES, according to plat
thereof, as recorded in Plat Book 5, Page 48 of the Public Records of Miami -Dade
County, Florida ("Lot 12"). Buildings on Lot 12 may be developed consistent with
regulations for the T4 -R Transect Zone in Miami 21, as amended; and
WHEREAS, the proffered Covenant provides restrictions on the future development of
the Properties; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all
other City regulations; and
WHEREAS, the PZAB gave full consideration to the Director's recommendations; and
WHEREAS, the PZAB considered the Covenant voluntarily proffered by the Applicants
limiting the development of the Properties; and
WHEREAS, the PZAB considered the relationship of the proposed amendment to the
goals, objectives and policies of the Comprehensive Plan and 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 PZAB considered the need and justification for the proposed change,
including changed or changing conditions that make the passage of the proposed changes
necessary; and
WHEREAS, the PZAB finds that the request maintains the goals of the Miami 21 Code
to preserve neighborhoods and to provide transitions in intensity, density, building height and
scale; 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 that this
this change of zoning classification as hereinafter set forth be approved;
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 Zoning Atlas of Ordinance No. 13114, as amended, should be further
amended by changing the zoning classification from "T3-0", Sub -Urban — Open to 74-R",
General Urban — Restricted, for approximately 0.55 acres (24,000 square feet) of land located at
approximately 3710 Northwest 13 Avenue and 1329 Northwest 37 Street, Miami, Florida, as
described in "Exhibit A"
Section 3. The PZAB further recommends that City Commission accept the
voluntarily proffered Covenant.
City of Miami Page 2 of 3 File ID: 3614 (Revision: A) Printed On: 71512018
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not
be affected.
Section This Resolution shall be effective immediately up n its adoption.
P4t
tpan(cisco Garcia, irector Execution DDe
artment of Planning
STATE OF FLORIDA.
COUNTY OF MIAMI-DADE }
C ir►✓i ST,n �
Personally appeared before me, the undersigned authority, `f 10125 , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 5 DAY OF
r'
Print Notary Name Notary Public State of Flori
Personally know �-1-1 or Produced I.D. My Commission Expires: r --,D
Type and number of I.D. produced
Did take an oath or Did not take an oath
BEATRIZAi VAREZ
Comm cion# cc 153775
Expires November 20 2021
SKA$d Thu Tony Fain h&MM 89lkW019
City of Miami Page 3 of 3 File 1D: 3614 (Revision: A) Printed On: 71512018
Exhibit "A„
Parcel 1— 3710 NW 13 Avenue
Lots 10 through 12, Block 55 of NORTH MIAMI ESTATES, according tothe Plat thereof, as recorded in
Plat Book 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Parcel 2 — 1329 NW 37 Street
Lot 9, Block 55 of NORTH MIAMI ESTATES, according to the Plat thereof, as recorded in Plat Book 5, Page
48 of the Public Records of Miami -Dade County, Florida.