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Home My WebLink AboutPZAB (10787) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 www.miamigov.com Enactment Number: PZAB-R-21-042 File ID: 10787 Final Action Date: 10/20/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENTS, FAILING TO MAKE A RECOMMENDATION OF APPROVAL OR 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 "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 600 NORTHWEST 42 AVENUE, 4251, 4253, AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 600 Northwest 42 Avenue, 4251, 4253, and 4255 Northwest 6 Street, and 601 Northwest 43 Avenue, Miami, Florida (the "Property") has a current future land use designation of "Low Density Restricted Commercial'; and WHEREAS, Le Jeune Palms, 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 Property to "Medium Density Restricted Commercial'; and WHEREAS, the site is 1.75± acres in size and is currently utilized as surface parking; and WHEREAS, under the existing Future Land Use designation of "Low Density Restricted Commercial," the maximum residential density allowed is 36 dwelling units per acre; and WHEREAS, under the proposed Future Land Use designation of "Medium Density Restricted Commercial," the maximum residential density allowed would increase from 36 dwelling units per acre to 65 dwelling units per acre; and WHEREAS, the commercial uses permitted in both the existing and proposed Future Land Use designations are largely the same except for increased intensity of lodging uses allowed in the proposed Future Land Use designation; and City of Miami Page 1 of 3 File ID: 10787 (Revision:) Printed On: 1012612021 WHEREAS, the Property is surrounded by low density residential uses, such as "Duplex Residential" to the west and south; and WHEREAS, Northwest 7 Street to the north of the Property acts as a natural barrier between higher density and intensity of land uses to the north and lower density and intensity of uses to the south; and WHEREAS, the increased density and intensity that would be allowed under the proposed Future Land Use designation of "Medium Density Restricted Commercial' is seen by Planning Department staff as an encroachment of incompatible land uses into an established residential neighborhood; 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 WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the amendment to the Comprehensive Plan was made, wherein two (2) PZAB members voted in favor and six (6) PZAB members voted against; and WHEREAS, PZAB, after careful consideration of this matter, PZAB did not find it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend approval of this amendment to the FLUM of the MCNP as hereinafter set forth; and 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") does not recommend 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, be amended by changing the Future Land Use designation of 1.75± acres of real property at 600 Northwest 42 Avenue, 4251, 4253, and 4255 Northwest 6 Street, and 601 Northwest 43 Avenue, Miami, Florida from "Low Density Restricted Commercial' to "Medium Density Restricted Commercial', as described in "Exhibit A", attached and incorporated. Section 3. The Planning, Zoning, and Appeals Board ("PZAB") failed to find that this amendment to the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer and: City of Miami Page 2 of 3 File ID: 10787 (Revision:) Printed On: 1012612021 (a) Is necessary due to changed or changing conditions; (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; (d) Density will be "Medium Density Restricted Commercial", 65 dwelling units per acre, 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 (e) 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: In G /(, Gamia-Po s AI P, Director, De Oftment o lending 1012512021 City of Miami Page 3 of 3 File ID: 10787 (Revision:) Printed On: 1012612021 EXHIBIT A Y SKETCH & LEGAL DESCRIPTION . A271 a� "A" EXHIBIT NOTICE LEGAL DESCRIPTION: Thisaobm ainead,b—Ih.&dtl ,apbnheahng Lots 10, 11, 12, 13, and 14, in Block 1, of "GOLF COURSE In acc°rtlana whh tlmelln1 set forth in the City M Wil Mlam"°de.Theo°°"�ae°�bk- i,gt.—dy,. Wew theinlor PpUat thepubic hearingt°n:ntl ere PARK", according to the Plat thereof, as recorded in Plat rec°—datl°n., a final d.dm.,. PZ-21-10160 Book 43, Page 3, of the Public Records of Miami —Dade County, Florida. 07/30/2, Said described parcel of land containing: 60,735 square feet (1.39+/— acres)(NET) 76,343 square feet (1.75+/— acres)(GROSS) PROPERTY ADDRESS: 600 NW 42 AVENUE, MIAMI, FLORIDA 33126 Folio# 01-4105-031-0080 4251 NW 6 STREET, MIAMI, FLORIDA 33126 Folio# 01-4105-031-0110 4253 NW 6 STREET, MIAMI, FLORIDA 33126 Folio# 01-4105-031-0120 4255 NW 6 STREET, MIAMI, FLORIDA 33126 Folio# 01-4105-031-0130 601 NW 43 AVENUE, MIAMI, FLORIDA 33126 Folio## 01-4105-031-0140 N.W. nth. 5 1 KLIz I SCALE: 1" = 100' --,- - - - - - - - - - - - - ---------------T -------r----------------------- '�I 4 Zi �I L----------- ------ N.W. 6th. STREET --------------------------- ------------------------- i 11 Q 0 LJ.. W �Zco W� �WZ II J ❑ �?O Zry �WW V ) J z NOTE: This Sketch is NOT A BOUNDARY SURVEY. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT: in the professional opinion of the undersigned Professional Surveyor and Mapper in the State of Florida, the following Sketch and Legal Description meets the requirements of the Standards of Practice as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Copies of this Sketch and Legal Description are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. Jacob Digitally signed by �J Jacob Gomis Date:2021.02.18 Gomis MO�"� 2GIUM 13:50:47-OS'00' LJV LB #7282 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 1 FAX: 305-827-9669 JACOB GOMIS Professional Surveyor & Mapper State of Florida Reg. No. 6231 Dated 02/18/21 Page 1 of 1