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HomeMy WebLinkAbout(2729) - PZAB ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-17-070 City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com File ID: 2729 Final Action Date: 10116/2017 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 MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street and 29 Northwest 9 Street Miami, Florida have a current future land use designation of "Medium Density Multifamily Residential"; and WHEREAS, Riverwest Miami, LLC ("Applicant") has submitted a request to change the future land use designation to "Medium Density Restricted Commercial"; and WHEREAS, the proposed future land use designation change is appropriate in light of the intent of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and particularly in relation to the effects on adjoining properties; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") has considered the recommendations of the Planning Director; and WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City of Miami ("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 propose change necessary; and WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 3 File ID: 2729 (Revision: A) Printed On: 10/19/2017 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 should be amended by changing the Future Land Use designation of approximately 1.377 acres of real properties at approximately 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street and 29 Northwest 9 Street, Miami, Florida from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial" as more particularly described in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (10) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) 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; (c) The proposed amendment does not involve a text change to goals, policies, and 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; (d) 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; (e) Density will be equivalent to "Medium Density Multifamily Residential", or 65 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 (f) 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. Franc sco arcia, Director Execution ate /6119 M7 Depai ent of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority,Digq 7-ovnerct Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowiedges that s/hhenexecutedlhe foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS l -f ' DAY OF i bet 20f). City of Miami Page 2 of 3 File ID: 2729 (Revision: A) Printed On: 10/19/2017 lv i C C r)7 x t- '7 Print Notary Name Personally know t/ or Produced I.U. Type and number of I.D. produced Did take an oath or Did not take an oath ota P lic State of Florida My Commission Expires: 054. SILVIAGONZALEZ �' MY COMMISSION if G G 051561 :a EXPIRES: November 30, 2020 Oaf 00° Bonded Thou Notary Public Underwriters i City of Miami Page 3 of 3 File ID: 2729 (Revision: A) Printed On: 10/19/2017 SECTION 2) LEGAL DESCRIPTION: Lots 1,2,3, 4, 5, 15, 17, 15 less the South 10 feet, Block 3 of BRlCKELL'S ADDITION 3TanMId AMI , IBIo kN3 ofRIVERVIEW, according to the Plot thereof as recorded In Plot Book 5, Pogo 43 and Lots 7, 8, RIVERSIDE BRICKELL'S ADDITION, according to the Plot thereof as recorded in Plat Book 4, Page(s) 45, of the Public Records of Miami -Dade County, Florido. L Lot , Blo k Page RVE VI W (MRSlic Records dslCI<EMi'S SUBDIVISION),County,ccprdldn to the Plot thereof, as recorded In B 5 a. The North 100 of Lot 9, Block 3, of RIVERVIEW (MRS, WRY BRICKELL'S SUBDIVISION), according to the Plot thereof, as recorded in Plot Book 5, Page 43, of the Public Records of Miami -Dade County, Florido. North 100 feet of Lot 10, Block 3 of BRICI<ELL'S RIVERVIEW, according to thePlotto thereof e eof00 of corded at. 10, in Piot D Book 5, Page(s) 43, of the Public Records of Miomi-Dade County, Florida, o/ / North according to the Plat thereof as.recorded In Plat Book 4, Page 45, al the Public Records of Miumi-Dade County, Florida, The South 50 feet of Lots 9 and 10, Block RIVERSIDE IV RSI E BRICof LaLLS ts 9 ADDDITdIQ Block according 3 oRthe Plot l t(hefeof as recorded in Plot Book 4, Pogo 45, a/k/ohe Sou Brlckeh'e Subdivision) according to the Plat thereof recorded in Plat Bonk 5, Poge 43, both 0f the Public Records of Miami -Dade County, Florido. The North k05feet at f Lots 4311oF the 12, Block l cke3, "BRICKELL'Sds of ROade I W”, acy cording to the Plat thereof, as recorded Plot -The South 100 1 net of Lot 11, Block 3 of RIVERVIEW, a subdivision in Section 38, Township 54 South, Range 41. East, according to the Plot thereof, recorded in Plot Book 5, Poge 43, of the Public Records al Oade County, Florida, less the South len feel (S. 10') of sold Lot 11 dedicated to the Clty of Miomi for street purposes; AND The South 100 Feet (S.104') of Lot 12, Block 3, of RIVERSIDE B IC45I< tL'5 ADPublicON TORecords oTHE f TY Dade or MIAMI. FLORlDA, according to INC Plot thereat, as recorded in Plat Book 4, g less the South ten feet (S,10') of said Lot 12 dedicated to the City of Miomi for streetpurposes. CS ION CITY OF OWN AS RSIE, according tot the Plat thereof as recorded o In Plat O 3 f Bock 14 LPog {) 43, TOfthe EPubl Records) ofNMIAMI-DADE ECounty, Flo loon Lots 19 and 20, Block 3 of RIVERVIEW, according to the Plot thereof as recorded In Plot Book 5, Page(s) 43, of the Public Records of Miami -Dade County, Florida.