HomeMy WebLinkAboutPZAB (4432) Resolution01 City of Miami City Hall
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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-20-023
File ID: 4432 Final Action Date: 7/15/2020
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), NOT RECOMMENDING APPROVAL OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE
AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL" NOR TO "MEDIUM DENSITY
RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED AT APPROXIMATELY 4214 SOUTHWEST 3 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 4214 Southwest 3 Street, Miami,
Florida, as more particularly described in Exhibit "A", attached and incorporated, ("Property")
has a current future land use designation of "Single Family Residential"; and
WHEREAS, Gilberto Padin owns the Property; and
WHEREAS, an application was made to the City of Miami ("City") to amend the Future
Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change
the future land use designation of the Property to "Restricted Commercial"; and
WHEREAS, the site is approximately 0.15 ± acres in size; and
WHEREAS, the City's Planning Department recommended denial of the requested
amendment to the FLUM of the MCNP to "Restricted Commercial", but recommended that the
Property's designation be changed to "Medium Density Restricted Commercial"; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the need
and justification for the proposed change, including changing and changed conditions that make
the passage of the propose change necessary; and
WHEREAS, PZAB has considered the goals, objectives, and policies of the MCNP, the
Miami 21 Code, and all other City regulations; and
WHEREAS, Section 7.1.1.4.d.4. of the Miami 21 Code as well as Sections 62-8(d) and
62-17(d) of the City Code provide that no action to recommend to the City Commission
adoption of amendments to the City's Comprehensive Plan shall be taken by PZAB without the
concurring votes of a supermajority of the board members present, with said supermajority
consisting of one (1) more member than a simple majority; and
City of Miami Page 1 of 3 File ID: 4432 (Revision: B) Printed On: 81512020
WHEREAS, the Applicant failed to obtain a supermajority vote as required by Section
7.1.1.4.d.4. of the Miami 21 Code and Sections 62-8(d) and 62-17(d) of the City Code, as there
was a motion to recommend approval of the City Planning Department's recommendation of an
amendment to "Medium Density Restricted Commercial" wherein five (5) members voted in
favor and four (4) members voted against;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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 fully set forth in this Section.
Section 2. The Planning, Zoning and Appeals Board does not recommend approval
to the City Commission that Ordinance No. 10544, as amended, the Future Land Use Map of
the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures
subject to §163.3187, Florida Statutes, be amended by changing the Future Land Use
designation from "Single Family Residential" to "Restricted Commercial" nor "Medium Density
Restricted Commercial", of approximately 0.15 ± acres of real property at approximately 4214
Southwest 3 Street, Miami, Florida, as more particularly described in "Exhibit A", attached and
incorporated.
Section 3. It is found that the requested amendment to the Comprehensive Plan
designation change involves a use of ten (10) acres or fewer and:
(a) The cumulative annual effect of the acreage for all small-scale
development amendments adopted by the City does not exceed a maximum of 120 acres in a
calendar year;
(b) The proposed amendment does not involve a text change to goals,
policies, or objectives of the City's comprehensive plan, but proposes a land use change to the
future land use map for a site -specific development. However, text changes that relate directly
to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall
be permissible;
(c) Is one which is not located within an area of critical state concern as
designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(e) Density of the proposed amendment requested by the Applicant would
be "Restricted Commercial", 150 dwelling units per acre, pursuant to the Miami Comprehensive
Neighborhood Plan, as amended, and intensity would be as established in Article 4 of the City's
Zoning Ordinance, the Miami 21 Code, as amended; and
(f) The proposed amendment complies with the applicable acreage and
Density limitations set forth in the Local Government Comprehensive Planning and Land
Development Regulation Act including, without limitation, §163.3187, Florida Statutes.
Section 4. This Resolution shall become effective immediately upon its adoption.
Fran isco arcia, Director Execution tbate
City of Miami Page 2 of 3 File ID: 4432 (Revision: B) Printed On: 81512020
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, �lJ� Clerk of the Planning, Zonin and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executedth6 foregoing Resolution.
S ORN AND SUBSCRIBED BEFORE ME THIS DAY OF 202_0
C N (cq
Print Notary Name totary Public State of Florida
Personally know or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
,aYw ERICAK, LEE
MY COMMISSION # GG 188537
'' EXPIRES: February 21, 2022
Bonded Thru Notary Public Underw item
City of Miami Page 3 of 3 File ID: 4432 (Revision: B) Printed On: 81512020
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Legal Description
Exhibit "A"
Lot 4R, Block 3, of the "Revised Plat of Portions of Blocks 1,2 & 3 of West Flagler Center, Le
Jeune Addition", according to the Plat thereof, as recorded in Plat Book 41, Page 11 of the Public
Records of Miami -Dade County, Florida.
Folio No. 01-4105-029-0260