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Home My WebLink AboutPZAB (8901) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-21-023 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 8901 Final Action Date: 5/5/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD (PZAB), WITH ATTACHMENTS, FAILING TO RECOMMEND APPROVAL BY THE REQUIRED SUPERMAJORITY VOTE TO THE MIAMI CITY COMMISSION 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 3231 SOUTHWEST 23 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 3231 Southwest 23 Terrace, Miami, Florida (the "Property") has a current future land use designation of "Duplex Residential"; and WHEREAS, Rosa Maria Carreras (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 0.15 ± acres in size and the proposed amendment to the Future Land Use Map would increase the density from 18 dwelling units per acre to 36 dwelling units per acre and would allow a greater range of commercial activities; 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 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, failed to determine by the required supermajority vote that 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; and City of Miami Page 1 of 3 File ID: 8901 (Revision:) Printed On: 6/8/2021 WHEREAS, pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, no action to recommend amendments to the Comprehensive Plan shall be taken without the concurring votes of a supermajority of board members present with said supermajority consisting of one (1) more member than a simple majority; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the amendment to the Comprehensive Plan was made, wherein five (5) PZAB members voted in favor and three (3) PZAB members voted against, thereby failing to receive the required six (6) supermajority votes to recommend approval; 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 if fully set forth in this Section. Section 2. The Planning, Zoning, and Appeals Board ("PZAB") does not recommend approval by the required supermajority vote that the Miami City Commission amend 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 of 0.15 ± acres of real property at 3231 Southwest 23 Terrace, Miami, Florida from "Duplex Residential" to "Low Density Restricted Commercial", as described in "Exhibit A", attached and incorporated. Section 3. The Planning, Zoning, and Appeals Board ("PZAB") failed to find, by the required supermajority vote, that that this amendment to the 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 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 "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 (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. City of Miami Page 2 of 3 File ID: 8901 (Revision:) Printed On: 6/8/2021 Reviewed and Approved: City of Miami Page 3 of 3 File ID: 8901 (Revision:) Printed On: 6/8/2021 EXHIBIT A S.W. 23rd STREET 7 5 33 34 6 35 5 4 3 2 37 38 39 40 0 S.W. 23rd TERRACE 32nd AVENUE MAP OF BOUNDARY SURVEY REPORT Property address: 3231 S.W. 23rd Terrace City of Miami, Miami -Dade County, Florida Zip Code: 33145 Folio # 01-4116-009-4030 aring Cty Iof Waml Code The applicable cleclalon making bed,. recommendaton or a final tl� PZ-20-7970 LOCATION SKETCH NOT TO SCALE SURVEYOR'S REPORT: 1. MAP OF BOUNDARY SURVEY, Fieldwork date of data acquisition: June 17th, 2020. 2. LEGAL DESCRIPTION: Lot 36, Less the South 10 feet for right—of—way purposes, Block 9, of AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plot thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida. 3. AREA: Containing 6,655 Square Feet or 0.15 Acres more or less by calculations. 4. ACCURACY: The accuracy obtained by measurement and calculations of a closed geometric figure was found to exceed this requirement. Linear 1 foot in 7,500 feet. 5. DATA OF SOURCES: HORIZONTAL CONTROL: — North Arrow and Bearings refer to an assumed value of N87°54'10"E, along the Southerly line of the Subject Property, as per P.B. 4 Pg. 73, of the Public Records of Miami —Dade County, Florida. This line is considered well —established and monumented. — City of Miami Municipal Atlas Sheet No. 42 B. VERTICAL CONTROL: Elevations are referred to N.G.V.D. 1929. Benchmark used: City of Miami Benchmark, Elevation=14.623' (City of Miami Datum) Adjusted —0.26' 14.363' (N.G.V.D. 1929) located @ SW 22 Street and SW 32 Avenue Magnetic nail and brass washer curb center. 6. FLOOD INFORMATION: By scale determination this property is located in Flood Zone X, as per Federal Emergency Management Agency (FEMA), NFIP Community Name: City of Miami and Community Number 120650 Map/Panel Number 12086C0476, Suffix L, FIRM Panel Effective/Revised Date 09-11-2009. 7. LIMITATIONS: No research was made for other instruments than the existing in the plat and provided by client. No determination was made as to how the site can be served with utilities. Fences and walls ownership by visual means only; legal ownership not determined. No underground utilities and/or structures(foundations) was located within or abutting the Subject property. SURVEYORS CERTIFICATION: I certify: This Map of Boundary Survey meets all applicable requirements of the Florida Minimum Technical Standards as contained Chapter 5J-17. Unless indicated to the contrary, the measured distance and directions shown on the Map of Boundary Survey are the same as the deed distances and directions. Not valid without the signature and the original raised seal of Florida Licensed Surveyor and Mapper. Additions or deletions to Map of Boundary Survey by other than signing party or parties is prohibited without written consent of the signing party or parties. This Survey Map and Report are not full and complete without the other. FormTech Land Surveying, Inc. State of Florida LB # 7980 12209 S.W. I29th Court, Miami. Florida. 33186 Ph: (786)429-3034 (786)443-0285 (786)443-0678 www.formtechsurveyors.com email:info0Dformtechsurveyors.com Digitally signedob # 20-06057 by Eugenia L. Formoso Date: Professional Surveyor and Mapper 2020.08.27 State of Florida LS # 6660 18:04:18-04'00' page 1 of 2 MAP OF BOUNDARY SURVEY Scale: 1 " = 20' 10' 20' I 40' GRAPHIC SCALE • FND .I.R.01 /2" (NO ID.) 0.3 — ouL — OUL —CL. C^r) CO S02°03'26"E P/L SKETCH N87°53'58"E P/L 50.00' FN D.I. R.01 /2" NO ID.) �L — OUL — OUL — OUL 6.3'' 6' C.B.S WALL N VERED RANCE — CQNCRETE''N 0.2', bRIVE .. CL. F.P.0 5' SIEWAL14 (NO 5:.) OUL OU 13' PARKWAY_\ N ,p 2i oil_ — Dui_ —7 0uL/ C.S. o METAL <311 /SHED\ 5.7' 8.5' SOD A/C nti L' 14.0' ,\N. LI SOD COVERED ENTRANCE, `; 'CQNCRETE N`� N bRIEVE IL 5.5 01 N87°54'10"E R /QLP. Wotan OUL OUL CONCRETE, DRIVE 50.00" w0 w p p-m-UUL-43'' ASPHALT ,LCONCRETE r, DRIVE, �, 18' ASPHALT PAVEJENT 23rd ' TERRA (50' TOTAL R/W) This Survey Map and Report are not full and complete r CO Cr) S02°03'26"E Chearing I Code Ric applicable Peclalon making hotly recommendahon or a final tl� PZ-20-7970 P.B. 4 PG. 73 Property address: 3231 S.W. 23rd Terrace City of Miami, Miami -Dade County, 5.0' Florida Zip Code: 33145 Folio # 01-4116-009-4030 0.8' CL. (N0 ID.) Ln Containing 6,655 Square Feet or 0.15 Acres more or less by calculations. 198.58' FND.I.P.01 7� (NO ID.) BLOCJC CORNER OUL - OUL - 0UL - UL - uUL without the other. A FND U.E. IP IR N&D COL. P.B. Arc Pg. Found R/W Utility Easement TBM PWY W /P ENC Iron Pipe Iron Rebar Nail & Disc Column PLat Book Page Right —of —Way Nn Unknown Manhole V, Fire Hydrant Center Line Q Sewer Manhole ABBREVIATIONS & LEGEND Monument Line Temporary Benchmark Parkway Water Pump Encroachment C) Telephone Manhole WM ® Water Meter pd Water Valve ® Catch basin E Electric Box 0MLP Light Pole co, Utility Pole .CLP Concrete Light Pole } Spot Elevation '! Property Corner —•—•— Chain Link Fence — " — Wood Fence Metal or plastic Fence — OUL —Overhead 0 Utility line FormTech Land Surveying, Inc. State of Florida LB # 7980 12209 S.W. 129th Court, Miami, Florida, 33186 Ph: (786)429-3034 (786)443-0285 (786)443-0678 Professional Surveyor and Mapper www.formtechsurveyors.com email:info(3formtechsurveyors.com State of Florida LS#6666 Job # 20-06057 Date: 06-17-2020 Digitally signed by Eugenia L. Formoso Date: 2020.08.27 18:07:09 -04'00' Page 2of2