HomeMy WebLinkAboutPZAB (13399) ResolutionCity of Miami city Hall
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PZAB Resolution Miami, FL 33133
www.miamigov.com
Enactment Number: PZAB-R-23-033
File ID: 13399 Final Action Date: 3/15/2023
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, 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 MULTIFAMILY RESIDENTIAL" AND
"LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY AT 14 NORTHWEST 75 STREET, 7409
NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401
NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties located at 14 NW 75 Street, 7409 NW Miami Court,
7450 N Miami Avenue, and 7401 NW Miami Court, Miami, Florida (collectively the
"Property") have a current future land use designation of "Light Industrial" and "Medium
Density Multifamily Residential"; and
WHEREAS, the applicant, LRMF Owner, 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 "General Commercial"; and
WHEREAS, the Property is an assemblage of four (4) parcels totaling
approximately 30,648 sq. ft. or 0.704 acres of land; and
WHEREAS, the Applicant's proposal is to change the future land use designation
of the Property to "General Commercial," which consists of the highest Density (150
dwelling units per acre) and the greatest variety of Uses; and
WHEREAS, the City Commission recently approved a similar Comprehensive
Plan Amendment and Rezoning applications for a similar property with the same
existing, underlying Miami Comprehensive Neighborhood Plan's Future Land Use
designations and the associated Miami 21 Code's Transects located immediately west
of the Applicant's Properties; and
WHEREAS, specifically, on September 23, 2021, the Future Land Use and
Zoning designations for the above -referenced property were changed to "General
City of Miami Page 1 of 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
Commercial" and "76-8-0" Urban Core Zone — Open", respectively, pursuant to City
Commission Ordinance Nos. 14023 and 14024, and
WHEREAS, the Planning Department tested levels of service as required for this
application and the Levels of Service (LOS) testing is based on a potential increase in
population for this area of 390 residents, where previously maximum population has
been -land
WHEREAS, on January 10, 2023, Miami -Dade County Public Schools submitted
its findings that it had tested the proposed change of land use and zoning and found
that the school system has sufficient capacity to serve the application; and
WHEREAS, The MCNP requires a 10-minute'/2-mile barrier -free walk to a park
entrance to meet public Levels of Service (LOS) and consequently the Planning
Department conducted an analysis in GIS to test the LOS for this proposal and found
that with the potential increase in population it does not meet LOS standards, and
WHEREAS, the MCNP LOS standard for potable water service is 92.05 gallons
per capita per day (PCPD) and consumption is assumed to be approximately 36,728 by
residential uses; however, LOS standards do not take into consideration the
consumption of non-residential use; and
WHEREAS, the MCNP LOS standard for Sanitary Sewer is 141 GPCD and the
MCNP does not require testing of this County service; and
WHEREAS, The City's LOS standard for Solid Waste is 1.28 tons/resident/year.
The Franchise Agreement the City maintains provides flexibility to address fluctuations
in solid waste production; and
WHEREAS, the MCNP has updated its LOS standards for the City with the most
recent update of the Transportation Element, and in December 28, 2022, a
Transportation Concurrency analysis was performed based on existing and proposed
FLR and density for the application and the maximum potential impact as it relates to
trip generation was calculated for the Property, and the proposed FLR and densities
have the potential to result in a total increase of approximately 11,900 daily trips and
1,700 P.M. peak hour trips; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered
the goals, objectives, and policies of the MCNP, Ordinance No. 10544; the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), Ordinance No.
13114; 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
City of Miami Page 2 of 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
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. The Planning, Zoning and Appeals Board of the City of Miami,
recommends approval of an amendment to 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, to change
the Future Land Use designation of 0.704 ± acres of real property located at 14 NW 75
Street, 7409 NW Miami Court, 7450 N Miami Avenue, and 7401 NW Miami Court,
Miami, Florida from "Light Industrial" and "Medium Density Multifamily Residential" 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 fifty (50) acres or fewer and:
(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 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
(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.
City of Miami Page 3 of 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
Reviewed and Approved:
W-
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 4 of 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
EXHIBIT "A"
LOCATION MAP
THIS IS NOT A SURVEY
CITY OF MIAMI. FLORIDA
PROPERTY ADDRESS:
7409 NW MIAMI CT, MIAMI FL 33150 - Folio: 01-3112-068-0041
7450 N MIAMI AVE, MIAMI FL 33150 - Folio: 01-3112-068-0020
7401 NW MIAMI CT, MIAMI FL 33150 - Folio: 01-3112-068-0050
14 NW 75 ST, MIAMI FL 33150- Folio: 01-3112-068-0040
LOCATION SKETCH
SCALE = N.T.S.
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CITY OF MIAMI, FLORIDA
DRAWN BY:
LK
DATE :
1012812022
SCALE:
NONE
SURVEY NO:
19-001434-4.1
SHEET:
1 OF 3
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NOTICE
This submittal needs b be Ih.&o d b, a public hea,ing
In accortlana whh tlmelln1 set forth in the City M
Miami Code. The appUm ile dsiWon-rna Xing body will
reWewtheinbr g_ at the pu blic hearing to n:ntlere
,eco —datlon or a final tledaon.
+� PZ-22-15059 /
�Av 03/10/23 //
CITY OF MIAMI
SURVEYOR'S NOTES:
1. NO SEARCC OF THE PUBLIC RECORDS HAS BEEN
MADE BY JOHN IBARRA � ASSOCIATES , INC.
2, THIS SKETCH IS BASED ON INFORMATION
FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE
3. TH15 SKETCH IS NOT VALID WITHOUT THE ORIGINAL
SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
4. BEARINGS SH01VN HEREON ARE BASED ON PLAT
SHEET 1 OF 3. NOT VALID WITHOUT SHEETS 2 OF 3 AND 3 OF 3.
OHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
W W W.IBARRALANDSURVEYORS.COM
777 N.W. 72nd AVENUE 3725 DEL PRADO BLVD. S.
SUITE 3025 SUITE B
MIAMI, FLORIDA 33126 CAPE CORAL, FL 33904
PH: (305) 262-0400 PH: (239) 540-2660
FAX: (305) 262-0401 FAX: (239) 540-2664
0NN 1BgR
STATf Of
^I LAW
LB#7806
Digitallysigned byJOHN A
IBARRA
Date: 2022.11.04 15:55:20
-04'00'
Adobe Acrobat version:
2018.009.20050
PHOENIX ISUB.
(1 6 - PG.60 )
LOT - 32
BLOCK - 2
FOLIO 1 Of-3111-Od8 0180
P O.+.NFre. innac eMEoa71
si
I
NW 75th STREET
MIAMI �AONLY-d CITY �I'
_ 160.1 I� f!IalAl!-�NJA'LNI
a. M5TIICL" OF::14_-3 FIGt1T GFWa"
50'TOTAL RIGHTOFWAY P.Q.B.
R=25.00' PARCEB Io P.O. C,
T=25.05 lY 5 POHTIC,
72J6` coz e
A=090'07'30, OF LOi I LOT -I,
CH=35.39' 32_l 9_ _ _ _ BLOCK -I
5.00' I 35.00' 5.00'
B.B.L I I
L=36.79'
135.00' I35.00'
R=25.00' _
T=22.64 I -
A=084'19'22"
CH=33.56'
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LOT-9
BLOCK-1
DRAWN BY:
LK
DATE :
1012812022
SCALE:
1 "=60'
SURVEY NO:
19-001434-4.1
SHEET.-
2 OF 3
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NOTICE
This submittal needs b be scheduler) b, a public hearing
In accord—whh bmellnes set forth in the City M
Mlaml Cede. The appliI, decision -making body will
reaewtheInlormatlon at the public hearing to—dn ,a
recommendation or a final decison.
+� PZ-22-15059 /
�Av 03/10/23 //
r1TV OF MIAMI
EXHIBIT "A"
SKETCH ACCOMPANY
LEGAL DESCRIPTION
THIS IS NOT A SURVEY
CITY OF MIAMI. FLORIDA
SEC. 12, TWP 53 S., RGE 41 E.
CITY OF MIAMI, FLORIDA
GRAPHIC SCALE
-GO 0 30 GO
(IN FEE7)
11NCH = 60 FEET
SHEET 2 OF 3. NOT VALID WITHOUT SHEETS 1 OF 3 AND 3 OF 3.
OHN IBARRA & ASSOCIATES. INC.
Professional Land Surveyors & Mappers
W W W,IBARRALANDSURVEYORS.COM
777 N.W. 72nd AVENUE 3725 DEL PRADO BLVD. S.
SUITE 3025 SUITE B
MIAMI, FLORIDA 33126 CAPE CORAL, FL 33904
PH: (305) 262-0400 PH: (239) 540-2660
FAX: (305) 262-0401 FAX: (239) 540-2664
o`'N lsa RR
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LB#7806
Digitally signed by JOHN A
IBARRA
Date: 2022.11.04 15:55:38
-04'00'
Adobe Acrobat version:
2018.009.20050
EXHIBIT "A"
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
THIS IS NOT A SURVEY
CITY OF MIAMI. FLORIDA
SEC. 12, TWP 53 S., RGE 41 E.
CITY OF MIAMI, FLORIDA
LEGAL DESCRIPTION:
f `tom P �b
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NOTICE
Thle submittals d, to be echetlolee b, a pubkc hea,ing
In accortlana wkh bmellnes set forth in the City M
Miami CWtl .The appUm Lie d_-,-making bWy will
reWew the intormakon at the pubkc hearing to rentler e
recommentlatlon or a final tleLla On.
+� PZ-22-15059 /
�Av 03/10/23 //
CITY OF MIAMI
THE NORTH 80 FEET OF LOT 3, BLOCK 1, OF HILLSIDE TERRACE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 14, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LOT 3, LESS THE NORTH 80.0 FEET IN BLOCK 1, OF HILLSIDE TERRACE, ACCORDING TO THE MAP OR PLAT THEREOFAS RECORDED IN PLAT BOOK 7, PAGE 14, PUBLIC RECORDS OF
MIAMI-DADE COUNTY. FLORIDA.
LOT 1, LESS THE EAST 35 FEET THEREOF, AND LOT 2 IN BLOCK 1, OF HILLSIDE TERRACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, AT PAGE 14, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
ALSO LESS:
COMMENCE AT THE NORTHEAST CORNER LOT 1, IN BLOCK 1 OF HILLSIDE TERRACE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 14, PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE RUN WESTERLYALONG THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 35.00 FEET TO POINT OF INTERSECTION WITH A LINE THAT 35.00 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 1 AND THE POINT OF BEGINNING; THENCE CONTINUE WESTERLYALONG THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF
32.19 FEET TO THE POINT OF CURVATURE WITH A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE
SOUTHWEST HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 84 ° 20' 39" FOR AN ARC DISTANCE OF 36.80 FEET TO THE POINT OF COMPOUND CURVATURE WITH A
CIRCULAR CURVE TO THE RIGHT, THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 1568.41 FEET, THROUGH A CENTRAL
ANGLE OF 04° 22'02" FOR AN ARC DISTANCE OF 119.55 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 1; THENCE RUN ESTERLYALONG THE SOUTH LINE OF
SAID LOT 1 FOR A DISTANCE OF 0.34 THE POINT OF INTERSECTION WITH THE AFOREMENTIONED LINE THAT IS 35.00 FEET WEST OFAND PARALLEL TO THE EAST LINE OF SAID LOT 1;
THENCE RUN NORTHERLYALONG THE LINE THAT IS 35.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 1 FOR A DISTANCE OF 141.81 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
LOT 4, LESS THE EAST 35 FEET THEREOF, AND LESS ADDITIONAL ROAD RIGHT OF WAY CONVEYED IN OFFICIAL RECORD BOOK 5211, PAGE 39; LOT 5, LESS THE EAST 35 FEET THEREOF.
BLOCK 1, HILLSIDE TERRACE, ACCORDING TO THE PLAT THEREOFAS RECORDED IN PLAT BOOK 7, PAGE(S) 14, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
SEE SURVEYORS NOTE AS TO RIGHT-OF-WAY LINE.
CONTAINING THE LAND ARE OF THE SUBJECT PROPERTY IS IN TOTAL 30,648 SQUARE FEET OR ± 0.70 ACRES AS DESCRIBED IN THE LEGAL DESCRIPTION.
ABBREVIATIONS:
= CENTER LINE
= MONUMENT LINE
P.B.
= PLAT BOOK
PG.
= FAGF_
50. FT.
= SQUARE FEET
SEC.
= SECTION
TNP
= TOWNSHIP
RGE.
= RANGE
DRAWN BY:
LK
DATE:
1012812022
SCALE:
NONE
SURVEY NO:
19-001434-4.1
SHEET:
31
3
SURVEYOR'S CERTIFICATION:
HEREBY CERTIFY: TH15 "SKETCH OF LEGAL DL5CRIPTION'' OF THE PROPERTY DE5CR'BLD HEREON. HA5
RECENTLY BEEN SUKVE)TD AND DRAWN UNDEK MY SUPLKV'SION. AND COMPLIES WITH THE STANDARDS
OF PRACTICE A5 5ET FORTH BY THL PLORIDA BOARD Of FRO_`ESSIONAL LAND 5URVEYOR-S IN Cri'VTEPP
5J-1 7, FLORIDA ADMINISTRAT I/E CODE PURSUANT TO 472,027, FLORIDA 5TATUTES.
Digitally 2.11.0ned 1 JOHNAIBARRA
4'00'
VJ�I�y��l, Date: 2022.11.041ss6:14-04'00'
Adobe Acrobat version: 1012812022
8y. 2018.009.20050
JOHN IBARRA (DATL oP FIE_D UVORK)
PRO`e5SIONAL LAND SURVEYOR NO.: 5204 STATE OF FLORIDA
SHEET 3 OF 3. NOT VALID WITHOUT SHEETS 1 OF 3 AND 2 OF 3.
OHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
W W W.IBARRALANDSURVEYORS.COM
777 N.W. 72nd AVENUE 3725 DEL PRADO BLVD. S.
SUITE 3025 SUITE B
MIAMI, FLOP 33126 CAPE CORAL, FL 33904
PH: (305) 262-0400 PH: (239) 540-2660
FAX: (305) 262-0401 FAX: (239) 540-2664
0 ,H 1BARR
'
a
1s°As of o
s'15N4LAND it 111 P.y�
LB#7806
Digitally signed byJOHN A
IBARRA
Date: 2022.11.0415:55:58
-04'00'
Adobe Acrobat version:
2018.009.20050