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Home My WebLink AboutPZAB (14535) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-090 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14535 Date Rendered: 9/26/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP ("FLUM") OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP"), PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY MULTI -FAMILY RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO " RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 43 NORTHEAST 53 STREET AND 50 NORTHEAST 54 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 53rd Street Apartments LP ("Applicant") submitted a request to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation from "Low Density Multi -Family Residential" and "Low - Density Restricted Commercial" to "Restricted Commercial" for the real property generally located at 34 Northeast 53 Street and 50 Northeast 54 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" (collectively, "Property"); and WHEREAS, the Property site is comprised of two (2) parcels totaling approximately 18,746 square feet (0.43 acres) of land; 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, the request to change the FLUM designation of the Property is consistent with Land Use Policy Objective 1.3, as it encourages the development of well -designed mixed - use neighborhoods that provide for a variety of uses; and WHEREAS, the request to change the FLUM designation of the Property is consistent with Transportation Policy 2.1.3, as it meets the objective to encourage increased Density of development in Transit Oriented Development ("TOD") areas and near transit corridors and Metrorail stations; and WHEREAS, the request to change the FLUM designation of the Property is consistent with Land Use Policy Objective 1.3.3, as it encourages the protecting of residential neighborhoods from the encroachment of incompatible land uses, the degradation of public health and safety, or the fragmentation of neighborhoods; and Date Rendered: 9/26/2023 City of Miami Page 1 of 3 File ID: 14535 (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 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. It is recommended 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 0.43 ± acres of real property located at 43 Northeast 53 Street and 50 Northeast 54 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," from "Low Density Multifamily Residential" and "Low Density Restricted Commercial" to "Restricted Commercial". Section 3. It is found that this amendment to the FLUM of the MCNP 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 "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 (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. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 14535 (Revision:) Printed On: 9/26/2023 Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 14535 (Revision:) Printed On: 9/26/2023 _SKETCH TO ACCCmPANY LE-1 AL DELLSCRIs mlON EXHIBIT "A" N.E. 54th STREET 70' RIGHT-OF-WAY 50' (P) 50'(P4 50' (P) ILOT 8 LOT 7 I LOT 6 LOT 5 in in rn rn rn ILOT 17 0 0 d 0 N LEGEND & ABBREVIATIONS: 50'(P) LOT 4 0 in rn NI LB PB PG (P) N.E. 53rd STREET° = CENTER LINE = MONUMENT LINE = LICENSED BUSINESS = PLAT BOOK = PAGE = PER PLAT LEGAL DESCRIPTION: 507(P) 50'(P [50'(P) LOT 3 LLOT 2 LOT 1 Ice rn LOT 22ILOT 23 LOT 24 HI LA TRAjARD VT ADDITION OR PB 7, PG $4 _-25.00 185.00' LESS THE SOUTH 5' GRAPHIC SCALE 0 50 100 ( IN FEET ) 1 INCH = 100 FT. LOT 18, ORCHARD VILLA TRACT ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE CLERK OF THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, RECORDED IN PLAT BOOK 7, AT PAGE 84; SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. FOLIO NUMBER:01-3124-010-0150 AND ALL OF LOTS 19, 20, AND LOT 21, LESS THE SOUTH 5 FEET OF LOT 21, ORCHARD VILLA TRACT ADDITION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE CLERK OF THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, RECORDED IN PLAT BOOK 7, AT PAGE 84; SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA. PORTION OF FOLIO NUMBER: 01-3124-010-0050 (BOTTOM LOTS). ALL THE FOREGOING CONTAINING AN AREA OF 18,745 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES: - LEGAL DESCRIPTION LIMITS WERE DETERMINED BY INSTRUCTIONS PROVIDED BY THE CLIENT. THIS IS NOT A SURVEY. - THIS SITE LIES IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. - THE PURPOSE OF THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS TO DEPICT A PORTION OF THE LANDS, IDENTIFIED AS FOLIOS: 01-3124-010-0150 AND PORTION OF 01-3124-010-0050 (BOTTOM LOTS). This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making body will rodew the information at the pubdc hearing to render a recommendation or a final decla on. PZ-23-16019 09/12/23 LOCATION SKETCH SCALE: 1' = 250' SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND COMPLIES WITH THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING AS SET FORTH BY THE STATE OF FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 5J-17-062, F.A.C. THIS IS NOT A SURVEY. BISCAYNE ENGINEERING COMPANY, INC. 529 WEST FLAGLER STREET, MIAMI, FL. 33130 (305)-324-7671 STATE OF FLORIDA DEPARTMENT OF AGRICULTURE LB-0000129 Digitally signed by WOLFGANG S HUECK Date: 2023.08.14 15:30:21-04'00' WOLFGANG S. HUECK, PSM, FOR THE FIRM PROFESSIONAL SURVEYOR AND MAPPER NO. 6519 STATE OF FLORIDA DATE: Aug 14, 2023 — 3:08pm EST FILE F:\SURVEY'\PROJECTS\87000's\87548 HYPERION— BOUNDARY SURVEY 3 PARCELS\2. CAD\2. DWG\6. etches and Legals\875487 — REVISED — SKETCHES AND LEGALS (2023-08-14).d DRAWING No. 2632-SS-04-K BY WH FIELD BOOK: N/A THIS IS NOT A SURVEY PROJECT: Lots 18, 19, 20 8L 21 DATE: 01/13/23 REV DATE: BEC ORDER # 03-87548 SHEET 1 OF 1 DRAWN BY KTF CLIENTHyperion Development Group BISCAYNE ENGINEERING SURVEYORS ENGINEERS PLANNERS •SINCE 1898 • 529 W. FLAGLER ST, MIAMI, FL 33130 TEL. (305) 324-7671 449 NW 35TH ST, BOCA RATON, FL 33431 TEL. (561) 609-2329 E-MAIL: INFO@BISCAYNEENGINEERING.COM • WEBSITE: WWW.BISCAYNEENGINEERING.COM