HomeMy WebLinkAboutPZAB (15165) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-014
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15165 Date Rendered: 3/06/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING DENIAL, DUE TO A TIE VOTE
AND FAILING TO OBTAIN THE REQUIRED SUPERMAJORITY VOTE, TO THE MIAMI
CITY COMMISSION OF AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY
RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF
APPROXIMATELY 2.54 ACRES DESCRIBED HEREIN OF REAL PROPERTY AT 460
NORTHWEST 36 COURT (EAST PORTION), 427 NORTHWEST 37 AVENUE (EAST
PORTION), 400 NORTHWEST 36 COURT, 408 NORTHWEST 36 COURT, 440
NORTHWEST 36 COURT, 146 NORTHWEST 36 COURT, 140 NORTHWEST 36
COURT, 114 NORTHWEST 36 COURT, 100 NORTHWEST 36 COURT, 102
NORTHWEST 36 COURT, 70 NORTHWEST 36 COURT, 64 NORTHWEST 36
COURT, 58 NORTHWEST 36 COURT, 3667 NORTHWEST FLAGLER TERRACE,
AND 3695 WEST FLAGLER STREET (NORTHWEST PORTION) MIAMI, FLORIDA
("ASSEMBLAGE A"); AND DENIAL OF AMENDING THE FUTURE LAND USE
DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"
OF APPROXIMATELY 0.34 ACRES DESCRIBED HEREIN OF REAL PROPERTY AT
697 NORTHWEST 37 AVENUE (SOUTHEAST PORTION), 640 NORTHWEST 36
COURT (SOUTH PORTION), AND 3665 NORTHWEST 6 STREET, MIAMI, FLORIDA,
("ASSEMBLAGE B"), (COLLECTIVELY, THE "ASSEMBLAGE") ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 460 Northwest 36 Court (East Portion), 427
Northwest 37 Avenue (East Portion), 400 Northwest 36 Court, 408 Northwest 36 Court, 440
Northwest 36 Court, 146 Northwest 36 Court, 140 Northwest 36 Court, 114 Northwest 36 Court,
100 Northwest 36 Court, 102 Northwest 36 Court, 70 Northwest 36 Court, 64 Northwest 36
Court, 58 Northwest 36 Court, 3667 Northwest Flagler Terrace, and 3695 West Flagler Street
(Northwest Portion) Miami, Florida ("Assemblage A") has a current Future Land Use designation
of "Low Density Restricted Commercial"; and the property located at 640 NW 36 Court (South
Portion), and 3665 NW 6 Street, Miami, Florida ("Assemblage B"), has a current Future Land
Use designation of "Duplex Residential" (collectively, the "Assemblage"); and
WHEREAS, Arthur Noriega, V, on behalf of the City of Miami, (the "Applicant") applied to
the City of Miami ("City") to amend the Future Land Use Map ("FLUM") of the Miami
Date Rendered: 3/06/2024
City of Miami Page 1 of 3 File ID: 15165 (Revision:) Printed On: 3/6/2024
Comprehensive Neighborhood Plan ("MCNP") to change the Future Land Use designation of
the Assemblage to "Restricted Commercial"; and
WHEREAS, the Assemblage site is 2.88 ± 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"), 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, after careful consideration of the matter by PZAB, there was a motion to
approve the proposed Comprehensive Plan amendment to the Future Land Use Map, which did
not obtain the required concurring votes of a supermajority of board members present pursuant
to Section 7.1.1.4(4) the Miami 21 Code and Section 62-8(d) of the Code of the City of Miami,
as amended ("City Code"), as four (4) members voted in favor of approval and four (4) members
voted against approval of the amendment to the MCNP FLUM as set forth herein;
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. PZAB recommends denial, due to a tie vote and failing to obtain the
required supermajority vote, to the Miami City Commission of an Ordinance amending the
Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive
Neighborhood Plan, pursuant to small scale amendment procedures subject to Section
163.3187, Florida Statutes, by changing the Future Land Use Designation from "Low Density
Restricted Commercial" to "Restricted Commercial" of approximately 2.54 acres described
herein of real property at 460 Northwest 36 Court (East Portion), 427 Northwest 37 Avenue
(East Portion), 400 Northwest 36 Court, 408 Northwest 36 Court, 440 Northwest 36 Court, 146
Northwest 36 Court, 140 Northwest 36 Court, 114 Northwest 36 Court, 100 Northwest 36 Court,
102 Northwest 36 Court, 70 Northwest 36 Court, 64 Northwest 36 Court, 58 Northwest 36 Court,
3667 Northwest Flagler Terrace, and 3695 West Flagler Street (Northwest Portion) Miami,
Florida ("Assemblage A"); and denial of amending the Future Land Use Designation from
"Duplex Residential" to "Restricted Commercial" of approximately 0.34 acres described herein of
real property at 697 Northwest 37 Avenue (Southeast Portion), 640 Northwest 36 Court (South
Portion), And 3665 Northwest 6 Street, Miami, Florida, ("Assemblage B"), (collectively, the
"Assemblage") all as more particularly 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) 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;
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
City of Miami Page 2 of 3 File ID: 15165 (Revision:) Printed On: 3/6/2024
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. This Resolution shall become effective immediately upon its adoption.
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 15165 (Revision:) Printed On: 3/6/2024