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Home My WebLink About(2708) - PZAB ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-17-092 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 2708 Final Action Date: 12/612017 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 "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT 3616 AND 3620 NORTHWEST 20 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 20th Avenue Partners LLC ("Applicant") owns the properties located at 3616 and 3620 Northwest 20 Avenue, Miami, Florida ('Properties"); and WHEREAS, the property located at 3616 Northwest 20 Avenue has a split future land use designation of "Medium Density Restricted Commercial" and "General Commercial" and the property located at 3620 Northwest 20 Avenue has a future land use designation of "Medium Density Restricted Commercial" on the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Applicant wishes to change the future land use designation of the Properties to "General Commercial" to develop the Properties as one site; and WHEREAS, the Applicant has submitted a companion application to change the zoning classification of the properties from "T5-L", Urban Center Transect-Limited, to "T6-8-O", Urban Core Transect-Open; and WHEREAS, immediately adjacent to the Properties are multifamily housing developments and single-family and duplex homes; and WHEREAS, the Properties are 0.5 ± acres in size, adjacent to the Northwest 36 Street corridor, and southeast of the intersection of Northwest 22 Avenue and SR-112, where the Earlington Heights Metrorail Station connects to the Health District, Downtown Miami, Hialeah, the University of Miami, and the Miami International Airport; and City of Miami Page 1 of 3 File ID: 2708 (Revision: A) Printed On: 12/14/2017 WHEREAS, 15,660 square feet (0.36 ± acres) of the total 22,530 square feet (0.5 ± acres) of the Properties are designated "Medium Density Restricted Commercial", which the Applicant proposes to change to "General Commercial"; and WHEREAS, the proposed amendment would increase density for two-thirds of the Properties from 65 dwelling units per acre to 150 dwelling units per acre; and WHEREAS, the Planning Department reviewed the application and found that the request to amend the FLUM from "Medium Density Restricted Commercial" to "General Commercial" for a portion of 3616 Northwest 20 Avenue would unify the property's designation and remain consistent with the adjacent properties; and WHEREAS, increasing density within the Transit Oriented Development ("TOD") area meets the goals of the Future Land Use Element of the MCNP; and WHEREAS, the Planning Department found that the request to change the FLUM from "Medium Density Restricted Commercial" to "General Commercial" for the property at 3620 Northwest 20 Avenue would allow density in a way that is incompatible with the immediately adjacent "Medium Density Restricted Commercial" properties; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP; Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and all other City of Miami ("City") regulations; and WHEREAS, the 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, the 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 Comprehensive Plan Amendment to the FLUM as hereinafter set forth for the Properties; 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 FLUM of the MCNP, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, should be amended by changing the Future Land Use designation of 0.36 ± acres of the Properties from "Medium Density Restricted Commercial" to "General Commercial", as more particularly described in Exhibit "A", attached and incorporated. City of Miami Page 2 of 3 File ID: 2708 (Revision: A) Printed On: 12/14/2017 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, 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; (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 "General Commercial", 150 dwelling units per acre, pursuant to the MCNP 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. tit/f\ Fr o Garcia, Dir Department of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE } Executio Date Personally appeared before me, the undersigned authority,- `r \ --,:t-,,,t X:\'. erk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS II 41'bAY OF\-;r-3(' eery)\--ei; 2011 ! "'. — D Print Notary Name �Not_N_Pi Ec State of Florida Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: ...." SII.VIAGONZALEZ ` �' MY COMMISSION # GG 051561 :re. 04 EXPIRES: November 30, 2020 ••.,o .f: Bonded Thtu Notary Public Underwriters City of Miami Page 3 of 3 File ID: 2708 (Revision: A) Printed On: 12114/2017 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel 1 The East 103 Feet of the West 337 Feet of the North 110 Feet of the South 225 Feet of the Southeast 1/4 of the Southwest'/ of Section 22, Township 53 South, Range 41 East, lying and being in said Miami -Dade, Florida. Also Known as: Commencing at the South Line of Section 22, Township 52 South, Range 41 East, at a Point of 234 Feet East of the Southwest Corner of the Southeast '/4 of the Southwest '/a of the Southeast 1/ thereof, and running thence North 115 Feet fora Point of Beginning; thence North 110 Feet, thence East 103 Feet, thence 110 Feet, thence West 103 Feet to the Point of Beginning. Parcel Identification Number: 01-3122-000-0830 Parcel 2 Parts of the Southeast'/4 of the Southwest 'A of the Southeast'/4 of Section 22, Township 53 South, Range 41 East, described as follows: Commencing at a point of the South Iine of Section 22, Township 53 South, Range 41 East, a distance of 234 feet East of the Southwest corner of SE 1/4 of the SW 1'/ of the SE 'A of said Section; thence running North parallel to the West boundary of SE'/a of the SW 1/4 of the SE ''/ of Section 22, Township 53 South, Range 41 East, a distance of 335.10 feet for a point of beginning; thence East 101.72 feet; thence South 110.10 feet; thence West 101.72; thence North 110.10 feet to the Point of Beginning lying and being in Miami -Dade County, Florida. Parcel Identification Number: 01-3122-000-0852 3 # 5 2 4 0 5 0 7 6 y 1