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Home My WebLink AboutPZAB (13022) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-018 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13022 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 RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824 AND 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 3700 Southwest 28 Street; 2810, 2814, 2816, 2818, 2824, and 2828 Southwest 37 Avenue, Miami, Florida (the "Property") has a current future land use designation of "Medium Density Restricted Commercial"; and WHEREAS, Alejandro Uribe of, on behalf of 2814/16 SW, 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 "Restricted Commercial"; and WHEREAS, the site is 0.931 ± acres in size and consists of the highest Density (150 dwelling units per acre) and greatest variety of Uses; and WHEREAS, on January 9, 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). 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 meets 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 35,900 by residential uses; however, LOS standards do not take into consideration the consumption of non-residential use; and City of Miami Page 1 of 3 File ID: 13022 (Revision:) Printed On: 7/12/2023 WHEREAS, The MCNP LOS standard for Sanitary Sewer is 141 GPCD and the MCNP does not require testing but a Miami -Dade County Water and Sewer Department permit is required; and WHEREAS, The City's LOS standard for Solid Waste is 1.28 tons/resident/year and; and WHEREAS, based on existing and proposed FLR and density for the applications for the project located at 3700 SW 28th Street and 2810, 2814, 2816, 2818, 2824, and 2828 SW 37th Avenue, the maximum potential impact as it relates to trip generation was calculated and the proposed FLR and density have the potential to result in an increase of approximately 11,300 daily trips and 1,600 P.M. peak -hour trips; and WHEREAS, The Subject property is located within the City's designated half -mile (0.5-mile) radius Transit Oriented Development (TOD) Pedestrian Shed or Bicycle Shed area with the Douglas Station Metrorail Station being the center, and it is the convergence of multimodal modes of transit that provides the City's residents with a variety of multimodal transit options; 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 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 ("PZAB") recommends that the City Commission approve the request to amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to small- scale amendment procedures subject to §163.3187, Florida Statutes, by changing the Future Land Use designation of 0.931 ± acres of real property at 3700 SW 28 Street, 2810 SW 37 Avenue, 2814 SW 37 Avenue, 2816 SW 37 Avenue, 2818 SW 37 Avenue, 2824 SW 37 City of Miami Page 2 of 3 File ID: 13022 (Revision:) Printed On: 7/12/2023 Avenue, and 2828 SW 37 Avenue, Miami, Florida from "Medium Density Restricted Commercial" to "Restricted 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. Reviewed and Approved: City of Miami Page 3 of 3 File ID: 13022 (Revision:) Printed On: 7/12/2023 GRAPHIC SCALE onl11 J / S.W. 28th. STREET L01-1 BLOCK-3 "DOUGLAS MANOR" PLAT BOOK 7, PAGE 157 LOT AREA = 58427 SO/FT OR 0.13 ACRES FOLIO R01-4117-002-0420 ADDRESS: 3700-02 SW 28 STREET L01-2 BLOCK-3 'DOUGLAS MANOR" PLAT BOOK 7, PAGE 157 LOT FAREA = OLIO R01583 ACRES 4117-002-0430 ADDRESS: 2810-12 SW 37 AVENUE LOT-1 BLOCK-1 REALTY SECURITIES CORPORATION'S OF COCOANUT GROVE PLAT BOOK 2, PAGE 85 LOT AREA = 72281 SOFT. OR 017 ACRES FOLIO 01-4117-003-0010 & 0011 ADDRESS: 2814 SW 37 AVENUE L01-4 BLOCK-1 REALTY SECURITIES CORPORATION S OF COCOANUT GROVE PLAT BOOK 2, PAGE 85 LOT AREA = 7226.0 SO.FT.OR 0.17 ACRES FOLIO #01-4117-003-0040 ADDRESS 2818 SW 37 AVENUE L01-5 BLOCK-1 REALTY SECURITIES CORPORATION'S OF COCOANUT GROVE PLAT BOOK 2, PAGE 85 LOT AREA = 7224,0 SgFt OR 0.18 ACRES FOLIO #01-4117-003—0050 ADDRESS, 2824-26 SW 37 AVENUE LOT-8 BLOCK-1 REALTY SECURITIES CORPORATION'S OF COCOANUT GROVE PLAT BOOK 2, PAGE 85 LOT AREA = 7221,9 SgFt OR 0.18 ACRES FOLIO #01-4117-003-0080 ADDRESS: 2828 SW 37 AVENUE REALRL-, SECURITIES COORATION'S OE aC DA UT GROVE IS, --I Et _J— RI III S.W. 29th. STREET LEGEND 9 VICINITY MAP NOT TO SCALE PORTION SECTION 8-52S-42E EXHIBIT "A" SKETCH & LEGAL DESCRIPTION ZONE T5—O Lot 1 less the Eost 10 feet thereof, In Block 3 of "DOUGLAS MANOR", occording to LEGAL DESCRIPTIONthe Plat thereof, as recorded in Plat Rook T, at Page 157, of the Public Record: or Miami —Dade County. Florida, Lot 2 less the Plat -Mere,. athereof,st 10 feet e,..a orrded in Plat Book T t Page157."DOUGLAS -Me Public Records of Dade County, lorid o, together with the improvements Mtutote thereon. Lot T LESS the East 20 feet thereof. -n Block SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE" ding to the pMt thereof as E) There may be oddillonal RestrictIons not shown on this survey that may be recorded in Plot Book 2 of Poge 85 of the PsblIc Records of Dade County. Flail.. __ will have to Pe made to determine recorded instruments. if any affecting this Lot 4 k CORPORATION'S 4) No Title seorch hos been performed to determine if there are any conflIct PLAT OF COCOANUT GROVEE. Block to the Plot thereof. recorded in Plot Book 2. or g 5, of the Public Records of Miami —Dose CoFlorida. Descriptions, or anyuotl,er type of encumbrances s-Mat the Rherein described legal 5 may 'eorath y rings and eon are based on Lot 5 In Block ,, TIES CORPORATION'S PLAT y COCOANUT 5,a the aforementioned arrow plot. OROVEF. occording to the Public Records of Miami —Dade county Florida- . recorded in Plot Book z NOTE: This Sketch is NOT A BOUNDARY SURVEY. PROPERTY ADDRESS: 5o0402E2l0 MIFL 33134 Fioy1 1175004 lio'0`23"MI, FL 33133 Folio,' 1-41,--00-04o lio'40`2 FL 33,�3 Folio,' 1-1,--00-0010 Folio,' SW3 tAVENUE MIAMI, FL 33133 F lio'AVENUE FL 33133 Folio,' ,-41,--00-000 m�o041AVENUE FL 33133 F,' 1,-00o m�o041AVENUE FL 33133 F,' 1,-00o Lot a In Block ,, of "REALTY SECURITIES CORPORATIONS PLAT of COCOANUT GROVEu'S according to the Plat thereof, Reef MiamDade County. Florida recorded in Plat Book 2, g 5, of the Public Said described lands containing 40.583 square feet (0.9+/— acres) SURVEYOR'S NOTES: Is not o BOUNDARY ut only o DEP TION f the des ription shown hereon. 2) SNoveyorlda dt out the signature SURVEY. delthe on final raised a GRAPHIC seal off Florid mops or reports bLLicensed thas the gmng party or parties are prohMited „.snout rrsten consent of the SURVEYOR'S CERTIFICATE: v CERTIFY T the eydo undersigned P Surveyor a the State of Florlda, the InLegal meets the requirements of the Standards of eetCorrp sceopts Cp Eeyai o n are not valid without the asignatureeand the original raised seal of a Florida licensed surveyor and mapper. Jacob Digitallysigneaco d byJb 6omis Date: Dated 03/02/2022 �1011ll$�0z0 704'ooP9o09B,=o0,ai st,rYe„„ & M9Pper State of Florida Reg. No. 6231 Tine Dooinfort io net FL, 0 101.0700 -00!,00,.010,10007FP.eL, Cmrtsmasaa to z' f ; .55 st, RECORD OF REVISION SKETCH & LEGAL DESCRIPTION DRAWN: MG. CHECKED_ P FIELD DATE: 03/02/2022 JOB Noy RP22-0333 SHEET: 1 OF 1 SHEET