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Home My WebLink AboutPZAB (14000) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-084 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14000 Date Rendered: 9/26/2023 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 "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL " OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY 2973 SOUTHWEST 36 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located 2973 Southwest 36 Avenue (the "Property") has a current future land use designation of "Duplex Residential"; and WHEREAS, O'Malley Holdings (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 request to change the land use designation of the Property is inconsistent with the City of Miami Comprehensive Neighborhood Plan (MCNP), Future Land Use Element, Goal Land Use Objective 1.3 due to the further encroachment of commercial uses near residential areas and WHEREAS, this request to change the land use designation the Property is inconsistent with the MCNP Housing Element, Objective 1.1 as the Property is near public transportation, and therefore more suitable for affordable housing and; WHERAS, the request to change the land use designation the Property is inconsistent with Policy 1.1.9 in that parcels adjacent to residential uses and public transportation are more suitable for additional residential uses and WHEREAS, the site is 22,508 square feet or 0.517 acres in size 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"), and all other City regulations; and Date Rendered: 9/26/2023 City of Miami Page 1 of 3 File ID: 14000 (Revision:) Printed On: 9/26/2023 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 denial 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 7,000 square feet (0.160 ± acres of real property at 2973 SW 36th Avenue Miami, Florida from "Duplex 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 unnecessary 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 would 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 does not comply 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. City of Miami Page 2 of 3 File ID: 14000 (Revision:) Printed On: 9/26/2023 Section 4. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 14000 (Revision:) Printed On: 9/26/2023 PUBL,C JAMIT VU\IILLL Y ULYU SI I:..)\1JJJ SKETCH & LEGAL DESCRIPTION EXHIBIT "A" PROPERTY ADDRESS: 3555 S.W. 29th. TERRACE, MIAMI, FLORIDA 33133 Folio# 01-4116-019-1330 2973 SW 29 TERRACE MIAMI, FLORIDA 33133 Folio# 01-4116-019-1320 G 0 4- a. NOTICE This submittel needs to be scheduled fora public hearing In ccordonce loath timeline. set forth In the City of Miami Code. The appllcabde decision -making bodywlll rexew the information at the public hearing to render a recommendeton or a final deci;on. PZ-22-15003 08/25/23 V"' EW CC�Q LEGAL DESCRIPTION: Lots 22 and 23, Block 15, Overbrook Park, according to the Plat thereof, in Plat Book 3, page 206, Public Records of Miami —Dade County, Florida. as recorded LESS and except that portion in Order of Taking recorded in Official Records Book 11462, page 300, Public Records of Miami —Dade County, Florida. SURVEYOR'S NOTES: 1) This is not a BOUNDARY SURVEY, but only a GRAPHIC DEPICTION of the description shown hereon. 2) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mappe Additions or deletions to survey maps or reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. 3) There may be additional Restrictions not shown on this survey that may be found in the Public Records of this County, Examination of ABS1RAC 1 OF TITLE will hove to be made to determine recorded instruments, if any affecting this property. 4) No Title search has been performed to determine if there are any conflict existing or arising out of the creation of the Easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. 5) The North arrow and bearings shown hereon are based on aforementioned recorded plat. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and the SKE 1C H AND LEGAL DESCRIPTION of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisio Florida Administrative Code. AOY"1=e1NT Le 17282 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 NOTE: This Sketch is NOT A BOUNDARY Date: July 11, 2022 Job Number: RP22-0879 This Document is not full and complete without a!I Sheets, Containing a total of (2) Sheet resentation of JacobbyJacllysigned by Jacob Gomis Date: Gomis 073441 -04'00' GOMIS ional Surveyor & Mapper f Florida Reg. No. 6231 Page 1 of 2 L[ )' L_nr[L-UO/7.UWy // I /LULL /t vUVUC_DUUwu,!t JnL tn SKETCH & LEGAL DESCRIPTION EXHIBIT "A" ZI ±I co' c,I §.I 1 .0' T�2 1. 5.0' "OVERBROOK PARK" PLAT BOOK 13, PAGE 206 B LOCIK 1 5 L 0 T 2 1 N89 58'37"E 140.20' L 0 T 2 2 (AREA.. 7,005 S/F) RAD. = 40.00' Q=109'58'35 " ARC= 76.78 TAN.=57.10' AREA OF TAKING AS PER O.R. BOOK 11462. PG. 300 .MOY ®AIREIT LB #7282 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applicable decision -making body wilt resiewthe Information at the public hearing to render a recommendation or a final decision. PZ-22-15003 08/25/23 L 0 T 15 L 0 T 2 3 (AREA: 15,503 S/F) LOT 1 1 N89'58'37'E 139.57' 2�Q2%-'' "V,/ 56946��, �. Date: July 11, 2022 Job Number: RP22-0879 NOTE: This Sketch is NOT A BOUNDARY SURVEY. SCALE: 1" = 50' LEGEND CENTERLINE This Document is not full and complete without all Sheets, Containing a total of (2) Sheet Page 2 of 2