HomeMy WebLinkAboutPZAB (15423) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-009
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15423 Date Rendered: 2/09/2024
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 "LOW DENSITY RESTRICTED
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT
200 NORTHWEST 42 AVENUE (WESTERN PORTION) AND 4212 NORTHWEST 2
TERRACE (WESTERN PORTION) , MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property is located at the western portion of 200 Northwest 42
Avenue and the western portion of 4212 Northwest 2 Terrace, Miami, Florida
(collectively the "Property") and has a current future land use designation of "Duplex
Residential"; and
WHEREAS, Y and Y LeJeune, LLC and Y and Y S.Miami, 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 "Low Density Restricted Commercial"; and
WHEREAS, the site is a bifurcated property, and the proposed future land use
change is 0.309 ± 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, the request to change the future land use designation of the
Property is consistent with Policy LU-1.6.4, as all required level of service criteria are
met; and
WHEREAS, the request to change the future land use designation of the
Property is consistent with Policy LU-1.3.15 as it will provide a wider range of allowable
Uses in close proximity to each other; and
Date Rendered: 2/09/2024
City of Miami Page 1 of 3 File ID: 15423 (Revision:) Printed On: 2/9/2024
WHEREAS, the request to change the future land use designation of the
Property is consistent with Policy TR 1.1.5 as the Property is close to West Flagler
Street, a transit corridor; and
WHEREAS, the request to change the future land use designation of the
Property is consistent with Policy LU 1.1.7 as it has the potential to create well designed
mixed -use neighborhoods; 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 recommends to the City
Commission the 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 0.309 ± acres of real property at the western portion of 200 Northwest 42 Avenue
and the western portion of 4212 Northwest 2 Terrace, Miami, Florida from "Duplex Residential"
to "Low Density 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 "Low Density Restricted Commercial", 36 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
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(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: 15423 (Revision:) Printed On: 2/9/2024