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Home My WebLink AboutPZAB (13277) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-026 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13277 Final Action Date: 3/1/2023 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 "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICED COMMERICAL" FOR THE PROPERTY GENERALLY LOCATED AT 3121, 3147, 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND 3633 DAY AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("the Applicant") has submitted a request to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation from "Duplex Residential" to "Medium Density Restricted Commercial" for the property generally located at 3121, 3147, 3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue, Miami, Florida (collectively, "the Property") pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting; and WHEREAS, the Property consists of nine (9) parcels totaling approximately 50,290 square feet (-1.15 acres) of land; and WHEREAS, the Property is located in the Village West Island and Charles Avenue Neighborhood Conservation District ("NCD-2"); and WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market Overlay District," was established by Ordinance No.12324 by amending the prior City of Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No. 12417 rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No. 11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District"; and WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651 amending Article 6 to add Section 626, titled "Village West Island Special Overlay District," and to repeal the NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District and further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood Conservation Overlay District"; and City of Miami Page 1 of 3 File ID: 13277 (Revision:) Printed On: 3/28/2023 WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the current Zoning Ordinance, as amended ("Miami 21 Code"); and WHEREAS, on April 23, 2020, the Miami City Commission, per City Commission Resolution No. R-20-0131, found that the West Grove has been plagued by economic blight; and WHEREAS, pursuant to City Commission directive on September 10, 2020, the City of Miami ("City"), working with a consultant, completed a report to identify future housing opportunities within the West Grove community, titled "West Grove Affordable Housing Blueprint"; and WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission directed the City Manager and the City Attorney to take any and all actions to improve affordable housing within the Little Bahamas area of the City; and WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood Conservation District 2 regulations, titled "Village West Island District and Charles Avenue" ("NCD-2"); and WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove that are historically significant; to promote gateways, gathering places, and activities corresponding to its culture and heritage; to compliment the character of the entire community and promote the history of the Island District; and to promote its successful revitalization and restoration; and WHEREAS, the Property is located within the West Grove neighborhood where there are a variety of zoning designations, commercial uses, and single family and duplex housing types; and WHEREAS, changes to the FLUM of the Property could alleviate the conditions of blight while supporting the intentions of maintaining the distinct character and heritage of the Village West Island District; and WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission directed the City Manager and the City Attorney to take any and all actions to initiate future land use map amendments, rezonings, and waivers, pursuant to the Miami 21 Code, including for the acreage of real property at 3121, 3147, 3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue, Florida; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the 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 City of Miami Page 2 of 3 File ID: 13277 (Revision:) Printed On: 3/28/2023 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 approval of this amendment to the FLUM of the MCNP as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF 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") recommends that the City Commission approve the request to amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, should be amended by changing the Future Land Use designation of a total of approximately 1.15 acres ± acres from "Duplex Residential" to "Medium Density Restricted Commercial" for the property generally located at 3121, 3147, 3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue as described in Composite Exhibit "A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of the Resolution shall not be affected Section 4. This Resolution shall become effective immediately upon adoption by the PZAB. Reviewed and Approved: //I (I. Lak sha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13277 (Revision:) Printed On: 3/28/2023 EXHIBIT "A" Address: 3121 MUNDY ST Folio: 0141210060120 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 12 LOT SIZE 50.000 X 107 OR 18933-11 This submittal needs to be scheduled for a public hearing In accordance whh timelines set forth in the City of Miami Cede. The applicable decision -making body will rodew the information at the pubc hearing to render a recommendation or a final decla on. PZ-23-15994 02/22/23 Address: 3147 Mundy ST Folio: 0141210060100 Legal Description: MUNDY SUB PB 15-29 LOT 10 LOT SIZE 50.000 X 107 OR 9512 2041 COC 23410-1567 05 2005 1 Address: 3135 MUNDY ST Folio: 0141210060090 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 9 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2 Address: 3145 MUNDY ST Folio: 0141210060080 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 8 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2 Address: 3153 MUNDY ST Folio: 0141210060070 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 7 LOT SIZE 50.000 X 107 OR 20101-3331 12/2001 1 COC 24718-3470 07 2006 1 Address: 3163 Mundy Street Folio: 0141210060060 Legal Description: MUNDY SUB PB 15-29 LOT 6 LOT SIZE 50.000 X 107 OR 20997-2604 01/2003 1 Address: 3173 MUNDY ST Folio: 0141210060050 Legal Description: MUNDY SUB PB 15-29 LOT 5 LOT SIZE 50.000 X 107 74R-262731 OR 18156- 3470/23718-0868 0698 4 COC 23718-0870 08 2005 4 Address: 3633 DAY AV Folio: 0141210060045 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 4 LOT SIZE 7020 SQ FT M/L FAU 01 4121 006 0040 Address: 3645 DAY AV Folio: 0141210060040 Legal Description : 21 54 41 MUNDY SUB PB 15-29 LOT 3 LOT SIZE 5820 SQ FT M/L