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Home My WebLink AboutPZAB (15805) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-035 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15805 Date Rendered: 6/25/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 7924 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 7924 Northeast 2 Avenue, Miami, Florida, is bifurcated by two (2) Future Land Use Map ("FLUM") designations on the Miami Comprehensive Neighborhood Plan ("MCNP"): "Medium Density Restricted Commercial" and "Restricted Commercial"; and WHEREAS Steven J. Wernick, Esquire, AICP, on behalf of MD 79TH HOLDING, LLC and MD 79TH HOLDING II LLC (together, "Applicant"), submitted a request to the City of Miami ("City") to amend the Future Land Use ("FLU") designation of the northwest portion of 7924 Northeast 2 Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") from "Medium Density Restricted Commercial" to "Restricted Commercial"; and WHEREAS, the Property site is 0.86 ± acres in size; and WHEREAS, the proposed amendment would allow increased Residential Density; and WHEREAS, the new land use designation will not impose on regions with lesser intensity; and WHEREAS, the proposed amendment seeks to extend the "Restricted Commercial" classification to adjacent properties to the west only, thereby safeguarding the local community's character and ensuring a cohesive urban development; and WHEREAS, the Property is easily accessible by public transportation; 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 Date Rendered: 6/25/2024 City of Miami Page 1 of 3 File ID: 15805 (Revision:) Printed On: 6/25/2024 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 MCNP amendment to the FLUM 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. 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, is amended by changing the Future Land Use designation of 0.86 ± acres of the northwest portion of the property located at 7924 Northeast 2 Avenue, Miami, Florida, as described in "Exhibit A," attached and incorporated, from "Medium Density Restricted Commercial" "Restricted Commercial". 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 FLUM amendment shall be permissible; (c) Is one which is not located within an area of critical state concern as designated by Section 380.0552, Florida Statutes or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (d) Density will be "Restricted Commercial," 150 dwelling units per acre, pursuant to the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the Miami 21 Code; 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: 15805 (Revision:) Printed On: 6/25/2024 David Snow City of Miami Page 3 of 3 File ID: 15805 (Revision:) Printed On: 6/25/2024 EXHIBIT "A" SKETCH & LEGAL DESCRIPTION FOR ZONING THIS IS NOT A BOUNDARY SURVEY MIAMI-DADE COUNTY, FLORIDA PROPERTY ADDRESS: 7924 NE 2 AVE, MIAMI 33138 PROPERTY FOLIO # 01-3112-101-0010 N l I l 00 00 00 � m m NE80thT_ERRACE_ B.O.B. S87°44'05"W (NAD 83-901) SCOPE OF WOR ( AND COMPREHE ^ S ()' - AMENDMEN ± 37,355 SQ.F SHEET 1 OF 2. NOT VALID WITHOUT SHEET 2. 80' - TOTAL RI- GHT-OF-WAY NE 79 th STREET This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Cede. The applica Lie decision -making body will reslew the information at the pubdc hearing to render a recommendation or a final decla on. PZ-23-16913 04/24/24 DRAWN BY: DGL/DA DATE : 07/24/2023 SCALE: SURVEY NO: SHEET: 1:80 14-002839-16 1 OF 2 JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers W W W.IBARRALANDSURVEVORS.COM 777 N.W. 72nd AVENUE SUITE 3025 MIAMI, FLORIDA 33126 PH: (305) 262-0400 FAX: (305) 262-0401 3725 DEL PRADO BLVD. S. SUITE B CAPE CORAL, FL 33904 PH: (239) 540-2660 FAX: (239) 540-2664 3 5' 3 5' pNN ieq R,P O' •SN4L LASTATf OF . •eIOKIO?''9 110 LB#7806 Digitally signed by JOHN A IBARRA Date: 2023.07.25 08:36:20 -04'00' EXHIBIT "A" SKETCH & LEGAL DESCRIPTION FOR ZONING THIS IS NOT A BOUNDARY SURVEY MIAMI-DADE COUNTY, FLORIDA SECTION 12 TOWNSHIP 53 RANGE 41 LYING AND BEING IN MIAMI, MIAMI-DADE COUNTY, FLORIDA PROPERTY ADDRESS: 7924 NE 2 AVE, MIAMI 33138 PROPERTY FOLIO # 01-3112-101-0010 LEGAL DESCRIPTION: This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applica Lie decision -making body will reslew the information at the public hearing to render a recommendation or a final decla on. PZ-23-16913 04/24/24 PARCEL I TRACT A, OF LITTLE RIVER CENTER, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LEGAL DESCRIPTION: SCOPE OF WORK (REZONING AND COMPREHENSIVE PLAN AMENDMENT): THE NORTH 182.00 FEET OF THE WEST 206.00 FEET (PLUS OR MINUS) OF SAID TRACT A, OF LITTLE RIVER CENTER, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGE 4, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. CONTAINING 37,355 SQUARE FEET PLUS OR MINUS. ABBREVIATIONS: = CENTER LINE = MONUMENT LINE P.B. = PLAT BOOK PG. = PAGE SQ. FT. = SQUARE FEET SEC. = SECTION TWP = TOWNSUIP RGE. = RANGE FT. = FEET SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY: THIS 'SKETCH OF LEGAL DESCRIPTION' OF THE PROPERTY DESCRIBED HEREON, HAS RECENTLY BEEN SURVEYED AND DRAWN UNDER MY SUPERVISION, AND COMPLIES WITH ThE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J- 17, FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472.027, FLORIDA STATUTES. BY: Digitally signed by JOHN A IBARRA Date: 2023.07.25 08:36:43 -04'00' JOHN IBARRA PROFESSIONAL LAND SURVEYOR NO.: 5204 STATE OF FLORIDA 07/24/2023 (DATE OF FIELD WORK) SHEET 2 OF 2. NOT VALID WITHOUT SHEET 1. DRAWN BY: DGL/DA DATE : 07/24/2023 SCALE: SURVEY NO: SHEET: NONE 14-002839-16 2 OF 2 JOHN IBARRA & ASSOCIATES, INC. Professional Land Surveyors & Mappers W W W.IBARRALANDSURVEVORS.COM 777 N.W. 72nd AVENUE SUITE 3025 MIAMI, FLORIDA 33126 PH: (305) 262-0400 FAX: (305) 262-0401 3725 DEL PRADO BLVD. S. SUITE B CAPE CORAL, FL 33904 PH: (239) 540-2660 FAX: (239) 540-2664 LB#7806 Digitally signed by JOHN A IBARRA Date: 2023.07.25 08:36:33 -04'00'