HomeMy WebLinkAboutPZAB (8985) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-21-050
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 8985 Final Action Date: 11/17/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENTS, RECOMMENDING DENIAL 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 19 NORTHWEST 41 STREET AND 20 NORTHWEST 42
STREET MIAMI, FLORIDA, AND CHANGING THE FUTURE LAND USE
DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT
4136 NORTH MIAMI AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property located at 19 Northwest 41 Street and 20 Northwest 42
Street, Miami, Florida (the "Property") has a current future land use designation of
"Duplex Residential"; and
WHEREAS, the property located at 4136 North Miami Avenue (also the
"Property") has a current future land use designation of "Low Density Restricted
Commercial"; and
WHEREAS, Perpetual Love 4136, LLC and Courtney Properties, LLC (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 portion of the Property at 19 Northwest 41 Street and
20 Northwest 42 Street to "Low Density Restricted Commercial"; and
WHEREAS, the Applicant applied to the City to amend the FLUM of the MCNP to
change the future land use designation of the portion of the Property at 4136 North
Miami Avenue to "General Commercial"; and
WHEREAS, the Property is 0.54 ± acres in size in total; and
WHEREAS, the portion of the Property located at 19 Northwest 41 Street and 20
Northwest 42 Street is 0.33 ± acres in size and the change from "Duplex Residential" to
City of Miami Page 1 of 4 File ID: 8985 (Revision:) Printed On: 12/22/2021
"Low Density Restricted Commercial" would increase the maximum density from 18
dwelling units per acre to 36 dwelling units per acre; and
WHEREAS, the change from "Duplex Residential" to "Low Density Restricted
Commercial" would introduce new uses including but not limited to office and general
retail; and
WHEREAS, the change from "Duplex Residential" to "Low Density Restricted
Commercial" for the portion of the Property located at 19 Northwest 41 Street and 20
Northwest 42 Street would create a buffer between the residential neighborhood to the
west and the commercial corridor to the east; and
WHEREAS, the portion of the Property located at 4136 North Miami Avenue is
0.21± acres in size and the change from "Low Density Restricted Commercial" to
"General Commercial" would increase the maximum density from 36 dwelling units per
acre to 150 dwelling units per acre; and
WHEREAS, the change from "Low Density Restricted Commercial" to "General
Commercial" would introduce a broader range of commercial uses including but not
limited to heavy equipment sales and warehousing; and
WHEREAS, the change from "Low Density Restricted Commercial" to "General
Commercial" would more than quadruple the density and more than double the floor lot
ratio (FLR) for the portion of the Property abutting the Historic Buena Vista East
Neighborhood; and
WHEREAS, the change from "Low Density Restricted Commercial" to "General
Commercial" has the potential to introduce incompatible land uses with the abutting
Historic Buena Vista East Neighborhood; and
WHEREAS, the Planning Department recommended approval of the amendment
to the FLUM of the MCNP from "Duplex Residential" to "Low Density Restricted
Commercial" for the portion of the Property located at 19 Northwest 41 Street and 20
Northwest 42 Street; and
WHEREAS, the Planning Department recommended denial of the amendment to
the FLUM of the MCNP from "Low Density Restricted Commercial" to "General
Commercial" for the portion of the Property located at 4136 North Miami Avenue; and
WHEREAS, the Applicant seeks a rezone under companion item with PZ-20-
7917; 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
City of Miami Page 2 of 4 File ID: 8985 (Revision:) Printed On: 12/22/2021
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 unnecessary; and
WHEREAS, 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 denial of the amendment to the FLUM of the MCNP from "Duplex
Residential" to "Low Density Restricted Commercial" for the portion of the Property
located at 19 Northwest 41 Street and 20 Northwest 42 Street, as hereinafter set forth;
and
WHEREAS, 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 denial of the amendment to the FLUM of the MCNP from "Low Density
Restricted Commercial" to "General Commercial" for the portion of the Property located
at 4136 North Miami Avenue, as hereinafter set forth;
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 Planning, Zoning, and Appeals Board ("PZAB") recommends to the
Miami City Commission that 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 not be amended to change the Future Land Use
designation of 0.33 ± acres of real property at 19 Northwest 41 Street and 20 Northwest 42
Street, Miami, Florida from "Duplex Residential" to Low Density Restricted Commercial" or to
change the Future Land Use designation of 0.21± acres of real property at 4136 North Miami
Avenue from "Low Density Restricted Commercial" to "General Commercial," as described in
"Exhibit A," attached and incorporated.
Section 3. It is found that this amendment to the Comprehensive Plan designation
change involves a use of ten (10) acres or fewer and:
(a) Is not 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;
City of Miami Page 3 of 4 File ID: 8985 (Revision:) Printed On: 12/22/2021
(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 for the Property, 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.
Reviewed and Approved:
�ecv`l
Pons AI P, Director, a ment ot-Planning 12117F2021
City of Miami Page 4 of 4 File ID: 8985 (Revision:) Printed On: 12/22/2021
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
EXHIBIT "A"
Address: 19 N.W. 41st Street, Miami, Florida, 33127
Existing Land Use Designation: Duplex Res.
Proposed Land Use Designation: Low D. Rest. Com
Legal Description: Lot 3, Block 5, of " BUENA VISTA HEIGHTS ADDITION AMENDED PLAT', according to the Plat thereof,
as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida.
LOT 21
BLOCK 5
LOT 4
BLOCK 5
PEDRODigitally signed by
PEDRO (MARTINEZ
DN: c-115, o-MARTINEZ
AND MARTINEZ
MARTIN T ENTERPRISES INC,
0,4014101)000001739
f V 1)\R 1 �N cr PT EPROL MARTINEZ
Date: 2026.09.03
17:0625 -04'00'
LOT 22 F LOT 23
BLOCK 5 I BLOCK 5
S89°56'55"E 50.00'
05 y
K K
N. E. 4 1 sf STREET
LOT 2
BLOCK 5
MARTINEZ & MARTINEZ
ENTERPRISES, INC.
LICENSE BUSINESS NO. 7702
7179 WEST 13 AVENUE, HIALEAH, FL 33014
PH: (7B6) 277-4851 PLSPSMOGMAIL.COM
WEBSITE: MARTINEZ AND MARTINEZ.COM
NORTH
NOTICE
This subrredal needs to be scheduled eor a public hearing
in accordance with Ernel nes set forth in the City of
Miami Code. The applicable decision -making body wiMt
review to Information at the public hearing to render e
recommendation or a final decision.
PZ-20-8033
04/29/21
SCALE: AS SHOWN
DATE: 09 / 01 / 2020
4
PU$1./
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
EXHIBIT "A"
Address: 20 N.W. 42nd Street, Miami, Florida, 33127
Existing Land Use Designation: Duplex Res.
A
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance wM1h timelines set forth in the City of
Miami Code. The applica decision -mating body will
renew the information al the pubc hearing to render a
recommendation or a final decision.
PZ-20-8033
04/29/21
44,
'4-VIEW COI —
Proposed Land Use Designation: Low D. Rest. Com.
Legal Description: Lot 22, Block 5, of " AMENDED PLAT BUENA VISTA HEIGHTS ADDITION TO THE CITY OF
MIAMI, FLORIDA FOR BUENA VISTA INVESTMENT CO ", according to the Plat thereof
as recorded in Plat Book 3, Page 22, of the Public Records of Miami -Dade County, Florida.
Address: 4136 N. Miami Avenue, Miami, Florida, 33127
Existing Land Use Designation: Low D. Rest. Com.
Proposed Land Use Designation: General Commercial
Legal Description:
The North 44.00 feet of Lots 23 and 24, and the North 50.00 feet of the South 100.00 feet of Lots 23 and 24,
Block 5, of " BUENA VISTA HEIGHTS ADDITION ", according to the Plat thereof as recorded in Plat Book 3,
at Page 22, of the Public Records of Miami -Dade County, Florida, less the East 10.00 feet of the North
44.00 feet of said Lot 24, and less that part of Lot 24 which lies within the external area formed by a
15 feet radius arc, concave to the Southwest, tangent to the North line of Lot 24 and tangent to a line 10.00 feet
West of and parallel to the East line of said Lot 24; and less and except that parcel conveyed to the City of Miami
by Right -of -Way Deed recorded November 4, 2016 in Official Records Book 30296, Page 3465.
PEDRO Digitally signed by
PEDRO l MARTINEZ
DN: c=1.15, o=MARTINEZ
AND MARTINEZ
ENTERPRISES INC,
au=AMARTIN 964FC1p°°cB69,1739
on PEDRO i MARTINEZ
Date: 2020.09.03
1 i:0625
L
EZ
MARTINEZ & MARTINEZ
ENTERPRISES, INC.
LICENSE BUSINESS NO. 7702
7179 WEST 13 AVENUE, HIALEAH, FL 33014
PH: (786) 277-4851 PLSPSM@GMAIL.COM
WEBSITE: MARTINEZ AND MARTINEZ.COM
SCALE: AS SHOWN
DATE: 09 / 01 / 2020
SHEET: 1 OF:
2
SKETCH AND LEGAL DESCRIPTION
THIS IS NOT A SURVEY
EXHIBIT "A"
LEGEND:
et_ — CENTER LINE
— MONUMENT LINE
LOT 21
BLOCK 5
$ N90'00'00"E 50.00'4,
O
O
_0)
LOT 4
BLOCK 5
DUPLEX RES
LOT 22
BLOCK 5
a S90°00'00"W 50.00' °
LOT 3
BLOCK 5
This su bmrttal needs to to scheduled fora public hearing
in accordance with timelines set forth In the City of
Miami Code. The appLicatle decision -making body Sill
rewewt. Infomnaton at the pub. hearing to render a
recommendation or a final decision.
SCALE: 1° — 30'
0' 10'
N.W. 42nd STREET
N90°00'00"E 85.09'
LOW D.
REST COM.
PORTION
OF LOT 23
BLOCK 5
S90'00'00"W
REMAINDER
OF LOT 23
BLOCK 5
30'
PORTION
OF LOT 24
BLOCK 5
100.00'
REMAINDER
OF LOT 24
BLOCK 5
LOT 2
BLOCK 5
rt
LOT 1
BLOCK 5
so'
R=15.00'
- L=(23.48'
Li-89'40' 15"
C3'3
n
LL1
0)
0
CD
35.00'
PZ-20-8033
04/29/21
35.00'
co'
PEDRO
L
MARTI
NEZ
Digitally signed by
PEDRO L MARTINEZ
DN: c=1.15, o=MARTINEZ
AND MARTINET
ENTERPRISES INC,
au=A01410D0000O173
97984FFC0000C869,
cn=PEDRO L MARTINEZ
Dote: 20Z0.05.0J
17:07:42-O4°00'
MARTINEZ & MARTINEZ
ENTERPRISES, INC,
LICENSE BUSINESS NO. 7702
7179 WEST 13 AVENUE, HIALEAH.. FL 33014
PH: (786) 277-4851 PLSPSM@GMAIL.COM
WEBSITE: MARTINEZ AND MARTINEZ.COM
SCALE: AS SHOWN
DATE: 09 / 01 / 2020
SHEET, 2 OFI 2