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Home My WebLink AboutPZAB (8985) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com Enactment Number: PZAB-R-21-050 File ID: 8985 Final Action Date: 11/17/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENTS, RECOMMENDING DENIAL 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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 19 NORTHWEST 41 STREET AND 20 NORTHWEST 42 STREET MIAMI, FLORIDA, AND CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 4136 NORTH MIAMI AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 19 Northwest 41 Street and 20 Northwest 42 Street, Miami, Florida (the "Property") has a current future land use designation of "Duplex Residential"; and WHEREAS, the property located at 4136 North Miami Avenue (also the "Property") has a current future land use designation of "Low Density Restricted Commercial': and WHEREAS, Perpetual Love 4136, LLC and Courtney Properties, LLC (the "Applicant") applied 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 portion of the Property at 19 Northwest 41 Street and 20 Northwest 42 Street to "Low Density Restricted Commercial'; and WHEREAS, the Applicant applied to the City to amend the FLUM of the MCNP to change the future land use designation of the portion of the Property at 4136 North Miami Avenue to "General Commercial': and WHEREAS, the Property is 0.54 ± acres in size in total; and WHEREAS, the portion of the Property located at 19 Northwest 41 Street and 20 Northwest 42 Street is 0.33 ± acres in size and the change from "Duplex Residential' to City of Miami Page 1 of 4 File ID: 8985 (Revision:) Printed On: 1212212021 "Low Density Restricted Commercial" would increase the maximum density from 18 dwelling units per acre to 36 dwelling units per acre; and WHEREAS, the change from "Duplex Residential' to "Low Density Restricted Commercial' would introduce new uses including but not limited to office and general retail; and WHEREAS, the change from "Duplex Residential' to "Low Density Restricted Commercial' for the portion of the Property located at 19 Northwest 41 Street and 20 Northwest 42 Street would create a buffer between the residential neighborhood to the west and the commercial corridor to the east; and WHEREAS, the portion of the Property located at 4136 North Miami Avenue is 0.21± acres in size and the change from "Low Density Restricted Commercial' to "General Commercial" would increase the maximum density from 36 dwelling units per acre to 150 dwelling units per acre; and WHEREAS, the change from "Low Density Restricted Commercial' to "General Commercial' would introduce a broader range of commercial uses including but not limited to heavy equipment sales and warehousing; and WHEREAS, the change from "Low Density Restricted Commercial' to "General Commercial' would more than quadruple the density and more than double the floor lot ratio (FLR) for the portion of the Property abutting the Historic Buena Vista East Neighborhood; and WHEREAS, the change from "Low Density Restricted Commercial' to "General Commercial' has the potential to introduce incompatible land uses with the abutting Historic Buena Vista East Neighborhood; and WHEREAS, the Planning Department recommended approval of the amendment to the FLUM of the MCNP from "Duplex Residential' to "Low Density Restricted Commercial' for the portion of the Property located at 19 Northwest 41 Street and 20 Northwest 42 Street; and WHEREAS, the Planning Department recommended denial of the amendment to the FLUM of the MCNP from "Low Density Restricted Commercial" to "General Commercial' for the portion of the Property located at 4136 North Miami Avenue; and WHEREAS, the Applicant seeks a rezone under companion item with PZ-20- 7917; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and City of Miami Page 2 of 4 File ID: 8985 (Revision:) Printed On: 1212212021 WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change unnecessary; and WHEREAS, 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 denial of the amendment to the FLUM of the MCNP from "Duplex Residential" to "Low Density Restricted Commercial" for the portion of the Property located at 19 Northwest 41 Street and 20 Northwest 42 Street, as hereinafter set forth; and WHEREAS, 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 denial of the amendment to the FLUM of the MCNP from "Low Density Restricted Commercial" to "General Commercial" for the portion of the Property located at 4136 North Miami Avenue, as hereinafter set forth; 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 ("PZAB") recommends to the Miami 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, should not be amended to change the Future Land Use designation of 0.33 ± acres of real property at 19 Northwest 41 Street and 20 Northwest 42 Street, Miami, Florida from "Duplex Residential" to Low Density Restricted Commercial" or to change the Future Land Use designation of 0.21± acres of real property at 4136 North Miami Avenue from "Low Density Restricted Commercial" to "General Commercial," as described in "Exhibit A," attached and incorporated. Section 3. It is found that this amendment to the Comprehensive Plan designation change involves a use of ten (10) acres or fewer and: (a) Is not necessary due to changed or changing conditions; (b) 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; (c) 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; City of Miami Page 3 of 4 File ID: 8985 (Revision:) Printed On: 1212212021 (d) 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 will be "Low Density Restricted Commercial," 36 dwelling units per acre for the Property, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will 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. Reviewed and Approved: Mc' n . -Pons AI P, Director, Ve psnment o lanning 12/17/2021 i City of Miami Page 4 of 4 File ID: 8985 (Revision:) Printed On: 1212212021 EXHIBIT A SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" Address: 19 N.W. 41st Street, Miami, Florida, 33127 Existing Land Use Designation: Duplex Res. Proposed Land Use Designation: Low D. Rest. Com Legal Description: Lot 3, Block 5, of " BUENA VISTA HEIGHTS ADDITION AMENDED PLAT ", according to the Plat thereof, as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida. I I LOT 21 II LOT 22 F LOT 23 BLOCK 5 1 BLOCK 5 I BLOCK 5 I I TN89°56'55"W 50.00' o o DUPLEX REs LOT 4 LOT 3 LOT 2 BLOCK 5 BLOCK 5 BLOCK 5 U j I I � O ED a o 0 0 � z ----- S89a5655"E 50.00- —__--_ ssx na'ap+ NOTICE rna subnedal needs tobelim.tl letlro,a the Clhealing auo,aaneewp e,,U,d sdw, kme cryor Mon Cede.Theapplicabledc.ipionm hotlywi0. reIN—Ne Inkrtnatlonale publichea,'o renders rn<neauon or a anal aeoWg,tl�on. PZ-20-8033 &,04/29/21 'A NORTH 1�7y sCALE: 1' — 30' V lu 30` 5v N.E.41sf STREET 8 us PEDRO091tal(y1gnedby tw_ PEDROIMARTINEz MARTINEZ & MARTINEZ L DN:c US,e MARTINEZ AND MAR7INE2 + r ENTERPRISES, INC. ENTERPRISESINC, au=AOtSlOD000001739 ; = L4CENSE BUSINESS NO. 7702 MARTIN I MARTIN 7984K00000CB69, -PEPROLMARrIN�r +' 4 7179 WEST 13 AVENUE, HIALEAH, FL 33014 Date:2020,09.03 PH: (786) 277-4851 PLSPSMOGMAIL.COM EZ 17:0623-04ao' WEBSITE_ MARTINEZ AND MARTINEZ.COM LEGEND: CENTER LINE - MONUMENT LINE SCALE: AS SHOWN 1 DATE: 09 / 01 / 2020 1 SHEET, 4 OF: 1 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" Address: 20 N.W. 42nd Street, Miami, Florida, 33127 Existing Land Use Designation: Duplex Res. Proposed Land Use Designation: Low D. Rest. Com. 411y!arR� NOTICE mie eobnidal needs b h.&dmra pbk heeling In — chore wM1h tlmellnes set forth in the City & Miami Cotle. The appliwde d—on-naXing body will renew the inlorn ,at the pubgo hearing to rend,,e mendation nr a final d-iaon. PZ-20-8033 \\ 04/29/21 Legal Description: Lot 22, Block 5, of " AMENDED PLAT BUENA VISTA HEIGHTS ADDITION TO THE CITY OF MIAMI, FLORIDA FOR BUENA VISTA INVESTMENT CO ", according to the Plat thereof as recorded in Plat Book 3, Page 22, of the Public Records of Miami -Dade County, Florida. Address: 4136 N. Miami Avenue, Miami, Florida, 33127 Existing Land Use Designation: Low D. Rest. Com. Proposed Land Use Designation: General Commercial Legal Description: The North 44.00 feet of Lots 23 and 24, and the North 50.00 feet of the South 100.00 feet of Lots 23 and 24, Block 5, of " BUENA VISTA HEIGHTS ADDITION ", according to the Plat thereof as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida, less the East 10.00 feet of the North 44.00 feet of said Lot 24, and less that part of Lot 24 which lies within the external area formed by a 15 feet radius arc, concave to the Southwest, tangent to the North line of Lot 24 and tangent to a line 10.00 feet West of and parallel to the East line of said Lot 24; and less and except that parcel conveyed to the City of Miami by Right -of -Way Deed recorded November 4, 2016 in Official Records Book 30296, Page 3465. PEDRO Digitally.9nedby PEDRO l MARTINEZ DN:c=uS,o=MARTINEZ L AND MARTINEZ ENTERPRISES INc, MARTIN 9ly9OCWOOC 69,I739 rn PEDRO i MARTINE'i Date:2020.D9.03 EZ 17:10e:25-0s00. P.wrzxawa Stwretoas S Mwmar MARTINEZ & MARTINEZ ENTERPRISES, INC. s~ �= LICENSE BUSINESS NO. 7702 7179 WEST 13 AVENUE, HIALEAH, FL 33014 PH: (786) 277-4851 PLSPSM@GMAIL.COM WEBSITE: MARTINEZ AND MARTINEZ.COM SCALE: AS SHOWN I DATE: 09 / 01 / 2020 1 SHEET, 1 OF, 2 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY EXHIBIT "A" LEGEND: CL - CENTER LINE 4- - MONUMENT LINE 0 0 LOT 21 BLOCK 5 ; Ln cn LOT 4 BLOCK 5 N90°00'00"E 50,00' PLEX RES LOT 22 \ BLOCK 5 w �n 0 0 cn S90°00'00"W 50.00 I j LOT 3 I BLOCK 5 PEDRO Digitally signed by PEDRO L MARTINEZ DN:c=V5, o=MARTli L AND MARTINET EN7ERPR1111 INC, 97�FFCa Doc�,73 MART cn=PEDR0 L MARTINEZ Dace; zoao.os.i)� EZ 17:67:42-09°00' N.W.42nd STREET N90'00'00"E 85.09' I I I I I I I I LOW D. REST COM.— !J PORTION 10 OF LOT 23 o, BLOCK 5 0 0 NOTICE This su binitlal needs fo to sched Ned for a p l,U. hearing to reance wish timelines set forth In the City of Miami Cotle. The appllratle declslonYnaklny bMy rill rewew Vie Informatlon at the pu EYc fearing t. renaer a ree°mmenaae°n or a anal each°n. PZ-20-8033 NORTH 04/29/21 ' s SCALE: 1' — W 0' 10' b R=15.00' L=23.48' N a=89'40'15" I I I I oo' I I 35.60' i I � II a5 0 n Lra PORTION `H OF LOT 24 BLOCK 5 S90.00'00"W i 100.00' I REMAINDER I I i REMAINDER � I OF LOT 23 OF LOT 24 BLOCK 5 I I BLOCK 5 I I I I I I I I I I I I I I j LOT 2 j I LOT 1 { I BLOCK 5 ! BLOCK 5 I Rnassurx Sen MARTINEZ & MARTINEZ ENTERPRISES, INC. T�/Z-717 LICENSE BUSINESS NO. 7702 WEST 13 AVENUE. HIALEAHa FL 33DI4 : (786) 277-4851 PLSPSM@GMAIL.COM BSITE: MARTINEZ AND MARTINEZ.COM SCALE: AS SHOWN DATE: 09101 / 2020 SHEET, 2 OFI 2