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HomeMy WebLinkAboutPZAB (15162) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-005 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15162 Date Rendered: 2/08/2024 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 860, 852 ,842, 834, AND 826 NORTHWEST 1 STREET, AND 821 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 860, 852, 842, 834, and 826 Northwest 1 Street, and 821 West Flagler Street, Miami, Florida (the "Property") has a current future land use designation of "Medium Density Restricted Commercial"; and WHEREAS, Brookstone 805 Flagler, 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 1.078 ± acres in size and is composed of six (6) parcels; and WHEREAS, the parcels are bound on three sides by Restricted Commercial land; and WHEREAS, the parcels are adjacent to West Flagler Street, a major transit corridor; 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 proposed land use amendment is consistent with the MCNP land use policy 1.3.15, the intent of which is to develop a balanced mix of uses in close proximity to each other; and WHEREAS, the proposed land use amendment is consistent with the MCNP Transportation policy 1.1.5, the intent of which is to encourage new development along transit corridors, nodes, and centers; and Date Rendered: 2/08/2024 City of Miami Page 1 of 3 File ID: 15162 (Revision:) Printed On: 2/8/2024 WHEREAS, the proposed land use amendment is consistent with the MCNP Parks policy 1.1.6, the intent of which is to encourage development within a 10-minute walk of a public park; 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. 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 1.078 ± acres of real property at 860, 852 ,842, 834, and 826 Northwest 1 Street, and 821 West Flagler Street, 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 "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: City of Miami Page 2 of 3 File ID: 15162 (Revision:) Printed On: 2/8/2024 David Snow City of Miami Page 3 of 3 File ID: 15162 (Revision:) Printed On: 2/8/2024