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Home My WebLink AboutPZAB (9145) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com Enactment Number: PZAB-R-22-001 File ID: 9145 Final Action Date: 1/5/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENTS, 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 8038 NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace are collectively known as "the Property"; and WHEREAS, Qualcon Little River Active Zone Business, 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 that portion of the Property currently designated as "Medium Density Restricted Commercial" to "Restricted Commercial"; and WHEREAS, in total the Property is 2.16 ± acres in size; and WHEREAS, the Applicant's request applies only to the portion of property currently designated at "Medium Density Multifamily Restricted Commercial," which is estimated to be approximately 1.42 acres; and WHEREAS, the Property is located immediately north of the Little River Commerce Park and contains a telecommunication facility and has operated on the site for approximately 70 years; and WHEREAS, the Property is in the Little Haiti NET Area; and WHEREAS, the Property lies within the within an Opportunity Zone; and WHEREAS, the Property is bounded between 1-95 and Biscayne Boulevard, and is within a quarter -mile of a Transit Corridor; and City of Miami Page 1 of 3 File ID: 9145 (Revision:) Printed On: 112612022 WHEREAS, the existing "Medium Density Restricted Commercial" future land use designation is primarily intended to allow residential uses and commercial uses with a residential density of 65 dwelling units per acre, and to facilitate the ability to develop a mixed occupancy within a unit; and WHEREAS, the Applicant's proposed "Restricted Commercial" land use designation allows similar mixed uses of residential and commercial activity like "Medium Density Restricted Commercial"; and WHEREAS, the proposed "Restricted Commercial" land use designation is often located along arterial or collector roadways while also allowing a maximum residential density equivalent to "High Density Multifamily Residential"; and WHEREAS, the Applicant states in the Letter of Intent (LOI) that the existing Medium Density Restricted Commercial land use and zoning no longer fit the neighborhood due to the demand in mixed -use development; and WHEREAS, County Land Use Code data shows that 54 percent of existing uses are residential; 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 that make the passage of the proposed change necessary; 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 approval of this amendment to the FLUM of the MCNP 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. 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 be amended by changing the Future Land Use designation of 1.42 ± acres of real property at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace, Miami, Florida from "Medium Density Restricted Commercial" to "Restricted Commercial", as described in "Exhibit A", attached and incorporated. City of Miami Page 2 of 3 File ID: 9145 (Revision:) Printed On: 112612022 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 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; (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 "Restricted Commercial", 150 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 (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: MGIV -Pons AI P, Director, vepament o lanning 1/21/2022 City of Miami Page 3 of 3 File ID: 9145 (Revision:) Printed On: 112612022 Exhibit A - Le2al Description Parcel 1: Tract "A" of "DOBBS BUSINESS CENTER" according to the plat thereof recorded in Plat Book 53, Page 73, of the Public Records of Miami -Dade County, Florida, Less and except the following: Begin at the SE corner of Tract "A"; thence run Northerly along the most Easterly boundary of said Tract "A" (being also the West Right -of -Way boundary of Northeast 2nd Avenue, as shown on said Plat entitled "DOBBS BUSINESS CENTER") a distance of 60 feet to a point; thence run Westerly along a line parallel to the most Southerly boundary of said Tract "A" a distance of 172 feet to a point; thence run Southerly along a line parallel to said most Easterly boundary of said Tract "A" a distance of 111.60 feet to a point of intersection with most Southerly boundary of said Tract "A"; thence run Easterly along the last described line being also along the North Right -of -Way boundary of Northeast 80th Terrace as shown on said Plat entitled "DOBBS BUSINESS CENTER" a distance of 50 feet to a point; thence run Northerly along a line that is an Easterly boundary of said Tract "A" a distance of 51.60 feet to a point; thence run Easterly along a line that is a Southerly boundary of said Tract "A" a distance of 122 feet to the Point of Beginning. -ALSO- Tract "B" of DOBBS BUSINESS CENTER", according to the plat thereof recorded in Plat Book 53, Page 73 of the Public Records of Miami -Dade County, Florida. -ALSO- All of Lots 1, 2, 3, 4 and 6, Block 7, of "ROYAL PALM GARDENS", according to the plat thereof recorded in Plat Book 7, Page 71, of the Public Records of Miami - Dade County, Florida, Less and excepting therefrom that certain Strip of land variable width along the North boundary of said Lots 1, 4, and 6 as shown on Right - of -Way Map for Northeast 82" d Street as recorded in Plat Book 71, Page 66, of the Public Records of Miami -Dade County, Florida. Commonly known as 8038 NE 2 Avenue and identified for tax purposes by folio number 01-3112-002-0010. Together with Parcel 2: Lot 2 in Block 9, of LITTLE IRVER GARDENS, according to the Plat thereof, as recorded in Plat Book 6, Page 8, of the Public Records of Miami -Dade County, Florida. Commonly known as 165 NE 80 Terrace and identified for tax purposes by folio number 01-3112-011-0220. F E e El N I P I W IS L E S U R V E Y I N G 8038 NE 2ND AVENUE, MIAMI, FL 33138 — — — — — — — — — — — — — — — — — — — — — N E 3 2 n d STREET — — — — — — — — — ATIEll III' I --WAR T IF —YB=P B. r,, PG Bar E—LO —I— — —„ PSIPis H, oF.,^Y,v� �%� IRLIT PG], PINNnClE8211 N89°9— �� ..3"E .B3' I� L — u— — — — — — — LOT Ill d LOTB3� ] Rti� RR,PG„ Rs2PG, R]PG c Gr2BEG r ,PG G„ m L— — — — — — — — — — yJIANC- IE k� vTI e. T. PG 11 L----- LGrwE ----- N89°54'S3"E 200' = TL.TLNE I? to TRnoTAT Pe. ey Pc ZONING: T5-01 MEDIUM DENSITY ZONING'. T6-8-01 RESTRICTED COMMERCIAL 2 �a l RESTRICTED 62,102±SQFT. I� la I 32.187±SQFT. - D I I z ss ncRE LIFT , IIARGIL2� AIALLEL uv TRACT pi]299 589Ou54F 5311 P.BPGB 1 o� IRECTRAIT IF of es1 FRr uE zoc nvE�uE REnialUOEREssn e. 14 PG Ts NOT Iucw....00IT f; 0 — of TIE Nso aHsse ,u , TRA:agEs �cr H: II �FesT FITT aRr of FIATcr TRncr a —]IF 6o RE svn uERA��c1E.,.{Iz 19 oes1 II-E l' J J -— L ns FALLTChGYFn — `N uuoF TRACT——— NE 39Pth TERRACE — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ZONINGINFORMATI ON FAME I OO IF 4