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Home My WebLink AboutPZAB (3608) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-017 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 3608 Final Action Date: 5/2/2018 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 "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, NORTHWEST 1 STREET, 29 NORTHWEST 9 AVENUE, 868 AND 876 NORTHWEST 1 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 824, 826, 834, 842, 852, 860, 868 and 876 Northwest 1 Street, 29 Northwest 9 Avenue, Miami, Florida, as more particularly described in Exhibit "A", ("Property") has a current future land use designation of "Medium Density Restricted Commercial"; and WHEREAS, Riverwest Miami, LLC (the "Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation to "Restricted Commercial"; and WHEREAS, the site is 1.38± acres in size; and WHEREAS, the Planning Department recommends denial of the application in light of the observation that adoption of this application will introduce a Floor Lot Ratio ("FLR") of up to 11.0 into a neighborhood that is low -scale residential in character and is governed by lot coverage and maximum height, rather than FLR; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other 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 of Miami ("City") and its inhabitants to recommend approval of this Comprehensive Plan Amendment to the Future Land Use Map as hereinafter set forth; and City of Miami Page 1 of 3 File ID: 3608 (Revision:) Printed On: 5/772018 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 Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, should be amended by changing the Future Land Use designation of 1.38 ± acres of real property at 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street, 29 Northwest 9 Avenue, Miami, Florida from "Medium Density Restricted Commercial" to "Restricted Commercial", as 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, 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 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 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. rancisco'irefa, Director epartment of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) S � Execution ate CO r �T'i f-e- Personally appeared before me, the undersigned authority, -v ,) )05 , 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 6 DAY OF HA , 201 t l - C t-v Z City of Miami Page 2 of 3 File ID: 3608 (Revision:) Printed On: 5/7/2018 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 Slate of Florida My Commission Expires: City of Miami Page 3 of 3 File ID: 3608 (Revision:) Printed On: 5/7/2018 SECTION 21 LEGAL DESCRIPTION: Lots 1,2,3, 4, 5, 15, 17, 18 fess the South 10 fool, Block 3 of BRICI(ELL'S ADDITION TO M1AMI KNOWN AS !RIVERVIEW, according to the Plat thereof as recorded In Plot Book 5, Page 43 and Lots 7, B, 13 and 14, Block 3 of RIVERSIDE BRICKELL'S ADDITION, according to the Plot thereof as recorded in Plat Book 4, Pogo(*) 45, of the Public Records of Miami -Dade County, Ftorid's, Lot B, Block 3, of RIVERVIEW (MRS. MART BRICKELL'S SUBOMSION), according to the Plot thereof, as recorded In Plot Book 5, Page 43, of the Public Records of Mlomi-'lade County, Florida. The North 100 of Lol 9, Block 3, of RIVERVIEW (MRS. MARY BRICI(ELL'S SUBDIVISION), according to the Plat thereof, os recorded in Plot Book 5, Pogo 43, of the Public Records of Miami -Dade County, Forido. North 100 feet of Lot 10, Block 3 of BRICI(ELL'S RIVERVIEW. according to the Plat thereof as recorded In Plat Book 5, Poge(s) 43, of the Public Records of Miami -Dade County, Florida, a/k/o North 100 feet of Lot 10, RIVERSIDE, according to the Plot thereof os.racorded in Plat Book 4, Page 45, of the Public Records of Miomi-Dade County, Florida. The South 50 feet of Lals 9 and 10, Block 3 of RIVERSIDE BRICKELL'S ADDITION, according to the Plat thereat os recorded in Plot Boak 4. Page 45, a/k/a the South 513 feel of Lots 9 and 10, Block 3 of RNERVIEW (Mrs. Mary Brickell's Subdivision) according to the Plat thereof recorded in Piot Book 5, Poge 43, both of the Public Records of Miami -Dade County, Florida. The North 50 feet of Lots 11 and 12, Block 3, "BRICI(ELL'S RIVERVIEW'', occording to the Plat thereof, as recorded in Plot Book 5, at Page 43, of the Public Records of Miami -Dade County Florida -The South 100 feet of Lot 11, Block 3 of RIVERVIEW, o subdivision in Section 38, Township 54 South, Range 41 (ant, according to the Plat thereat, recorded in Plat Book 5, Page 43, of the Public Records of Dade County, Florida, less the South ten feel (S. 10') of sold Lot 11 dedicated to the City of Miami for street purposes; AND The South 100 Feet (S.100') of Lot 12, Block 3, of RNERStDE BRICKELL'S ADDITION TO THE CITY OF MIAMI, FLORIDA. according to the Piot thereof, as recorded in Plat Boak 4, Poge 45, of the Public Records of Dade County, Florida, !ass the South ten feet (S.10") of said Lot 12 dedicated to the City of Miami for street purposes. Lot 15, LESS South 10 feet, Block 3 of BRICKELL'S ADDITION TO THE CITY OF MIAMI KNOWN AS RIVERSIDE, according to the Plat thereof as recorded In Plot Boak 4, Poge(s) 43, of the Public Records of MIAMI-DADE County, Florida, Lots 19 and 20. Block 3 of RIVERVIEW, according to the Plat thereof as recorded In Plat Book 5, Poge(s) 43, of the Public Records of Miami -Dade County, Florida.