HomeMy WebLinkAboutPZAB (13200) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-008
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13200 Final Action Date: 1/18/2023
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 "SINGLE-FAMILY RESIDENTIAL" TO "LOW DENSITY
RESTRICTED COMMERCIAL" OF THE PROPERTY(IES) LOCATED AT 39
NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39
STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 39 Northwest 39 Street, 40 Northwest 39
Street, and 48 Northwest 39 Street, Miami, Florida (collectively the "Property") have an
existing Future Land Use designation of "Single -Family Residential"; and
WHEREAS, the Property is an assemblage of three (3) parcels totaling
approximately 15,000 square feet (± 0.34 acres) of land; and
WHEREAS, Andres Rivero, on behalf of Design District 39 LLC, ESJ Design
District 40 LLC, and Design District 48 LLC (collectively the "Applicant") has submitted a
Comprehensive Plan Amendment application to change the future land use designation
of the Property to "Low Density Restricted Commercial"; 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 proposed change maintains the goals of the Miami 21 Code to
preserve neighborhoods and provide transitions in intensity and building height; and
WHEREAS, 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
City of Miami Page 1 of 3 File ID: 13200 (Revision:) Printed On: 1/20/2023
inhabitants to recommend approval of this Comprehensive Plan Amendment to the
Future Land Use Map 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 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, be amended by
changing the Future Land Use designation of 0.34 acres ± of real property at 39
Northwest 39 Street, 40 Northwest 39 Street, and 48 Northwest 39 Street, Miami,
Florida, as described in "Exhibit A," attached and incorporated, from "Single -Family
Residential" to "Low Density Restricted Commercial."
Section 3. It is found that this Comprehensive Plan designation change
involves a use of fifty (50) acres or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) 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;
(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) Density will be "General Commercial," 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
(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 adoption
by the PZAB.
City of Miami Page 2 of 3 File ID: 13200 (Revision:) Printed On: 1/20/2023
Reviewed and Approved:
Lakfsha Hull AICP LEED AP BD+C
City of Miami Page 3 of 3 File ID: 13200 (Revision:) Printed On: 1/20/2023
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Parcel A:
LOT 20, BLOCK 3 OF "PRINCESS PARK", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 87 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA.
Folio No. 01-3124-021-0550
Parcel B:
LOT 5, BLOCK 6 OF "PRINCESS PARK", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 87 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA.
Folio No. 01-3124-021-0970
Parcel C:
LOT 6, BLOCK 6 OF "PRINCESS PARK", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 6, PAGE 87 OF THE PUBLIC RECORDS OF MIAMI/DADE
COUNTY, FLORIDA.
Folio No. 01-3124-021-0980