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Home My WebLink AboutPZAB (2703) ResolutionCity of Miami PZAB Resolution Enactment Number: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 2703 Final Action Date: 6/20/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), FAILING TO MAKE A RECOMMENDATION APPROVING OR DENYING BY A SUPERMAJORITY VOTE 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 OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AT APPROXIMATELY 428, 430, 448, AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST 37 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 428, 430, 448, and 454 Northeast ("NE") 38 ST and 433, 441, and 457 NE 37 ST, Miami, Florida ("Properties") have a current future land use designation of "Medium Density Multifamily Residential"; and WHEREAS, Magnolia Holdings 38th Street, LLC ("Applicant") has submitted a request to change the future land use designation to "Restricted Commercial"; and WHEREAS, the Applicant submitted a companion application for a rezoning from T5-R "Urban Center Transect — Restricted" to T6-8-O "Urban Core Transect — Open"; and WHEREAS, the site is 1.38± acres in size; and WHEREAS, the proposed amendment would allow for more intense redevelopment, which is an appropriate development pattern adjacent to an expressway, in this case the 1-195 expressway; and WHEREAS, the proposed future land use designation change is not appropriate in light of the intent of the Miami Comprehensive Neighborhood Plan, 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 Miami Department of Planning; and WHEREAS, the PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and City of Miami Page 1 of 3 File ID: 2703 (Revision:) Printed On: 9/13/2018 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, after careful consideration of the matter, there was a motion to approve the proposed Comprehensive Plan amendment to the Future Land Use Map, which did not obtain the required concurring votes of a supermajority of board members present pursuant to Section 7.1.1.4(4) the Miami 21 Code and Section 62-8(d) of the Code of the City of Miami, as amended ("City Code"), as five (5) members voted in favor of approval and four (4) members voted against 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 fully set forth in this Section. Section 2. The PZAB did not make a recommendation to the City Commission to approve or deny the proposed amendment to 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 1.38± acres of real properties at approximately 428, 430, 448, and 454 NE 38 ST and 433, 441, and 457 NE 37 ST, Miami, Florida, from "Medium Density Multifamily Residential" to "Restricted Commercial"; as described in "Exhibit A", attached and incorporated, as the motion to approve failed to obtain the concurring votes of a supermajority of board members present at the PZAB hearing pursuant to Section 7.1.1.4(4) of the Miami 21 Code and Section 62-8(d) of the City Code. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (b) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government'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) In the proposed amendment, density would be "Restricted Commercial", 150 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity would be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and City of Miami Page 2 of 3 File ID: 2703 (Revision:) Printed On: 9/13/2018 (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. ncisco�8'`arcia, Director Department of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Chr r.S-thnE 3 I S( Execut9if n Da Personally appeared before me, the undersigned authority, '7 i 1017S , Clerk 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 13 DAY OF Sept , 201_v ' +n -Mjar-€Z Print Notary Name Personally know •,/ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary public State of Florida My Commission Expires: BEATRIZALVAREZ ,, 1,: Commission # GG 153775 , rr Expires November 20, 2021 "4.9r,lNg''. Bonded Thru Troy Fein Inswancv 800-385-7019 demiampairmammewnwermsimmenftwaftwol City of Miami Page 3 of 3 File ID: 2703 (Revision:) Printed On: 9/13/2018 Exhibit "A" Parcel 1-428 NE 38 Street Lot 26 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County, Florida. Parcel 2 —430 NE 38 Street Lot 25 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County, Florida. Parcel 3 — 448 NE 38 Street Lot 24 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County, Florida. Parcel 4 — 454 NE 38 Street Lot 23 Less R/W, of SECOND AMENDED PLAT OF MAGNOLIA PARK, according to the Plat thereof, as recorded in Plat Book 5, Page 25 of the Public Records of Miami -Dade County, Florida. Parcel 5 —433 NE 37 Street Lot 17 less portion lying in right-of-way, of BUENA VISTA BISCAYNE BADGER CLUB COMPANY, according to the Plat thereof, as recorded in Plat Book 1, Page 115 of the Public Records of Miami -Dade County, Florida. Parcel 6 —441 NE 37 Street Lot 15 less east 1FT thereof, of BUENA VISTA BISCAYNE BADGER CLUB COMPANY, according to the Plat thereof, as recorded in Plat Book 1, Page 115 of the Public Records of Miami -Dade County, Florida. Parcel 7 — 457 NE 37 Street Lots 11, 13 and east 1FT of Lot 15, of BUENA VISTA BISCAYNE BADGER CLUB COMPANY, according to the Plat thereof, as recorded in Plat Book 1, Page 115 of the Public Records of Miami -Dade County, Florida.