HomeMy WebLinkAboutPZAB (13399) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-033
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 13399 Final Action Date: 3/15/2023
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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AND
"LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY AT 14 NORTHWEST 75 STREET, 7409
NORTHWEST MIAMI COURT, 7450 NORTH MIAMI AVENUE, AND 7401
NORTHWEST MIAMI COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties located at 14 NW 75 Street, 7409 NW Miami Court,
7450 N Miami Avenue, and 7401 NW Miami Court, Miami, Florida (collectively the
"Property") have a current future land use designation of "Light Industrial" and "Medium
Density Multifamily Residential"; and
WHEREAS, the applicant, LRMF Owner, 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 Property to "General Commercial"; and
WHEREAS, the Property is an assemblage of four (4) parcels totaling
approximately 30,648 sq. ft. or 0.704 acres of land; and
WHEREAS, the Applicant's proposal is to change the future land use designation
of the Property to "General Commercial," which consists of the highest Density (150
dwelling units per acre) and the greatest variety of Uses; and
WHEREAS, the City Commission recently approved a similar Comprehensive
Plan Amendment and Rezoning applications for a similar property with the same
existing, underlying Miami Comprehensive Neighborhood Plan's Future Land Use
designations and the associated Miami 21 Code's Transects located immediately west
of the Applicant's Properties; and
WHEREAS, specifically, on September 23, 2021, the Future Land Use and
Zoning designations for the above -referenced property were changed to "General
City of Miami Page 1 of 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
Commercial" and "T6-8-O" Urban Core Zone — Open", respectively, pursuant to City
Commission Ordinance Nos. 14023 and 14024; and
WHEREAS, the Planning Department tested levels of service as required for this
application and the Levels of Service (LOS) testing is based on a potential increase in
population for this area of 390 residents, where previously maximum population has
been; and
WHEREAS, on January 10, 2023, Miami -Dade County Public Schools submitted
its findings that it had tested the proposed change of land use and zoning and found
that the school system has sufficient capacity to serve the application; and
WHEREAS, The MCNP requires a 10-minute 1/2-mile barrier -free walk to a park
entrance to meet public Levels of Service (LOS) and consequently the Planning
Department conducted an analysis in GIS to test the LOS for this proposal and found
that with the potential increase in population it does not meet LOS standards, and
WHEREAS, the MCNP LOS standard for potable water service is 92.05 gallons
per capita per day (PCPD) and consumption is assumed to be approximately 36,728 by
residential uses; however, LOS standards do not take into consideration the
consumption of non-residential use; and
WHEREAS, the MCNP LOS standard for Sanitary Sewer is 141 GPCD and the
MCNP does not require testing of this County service; and
WHEREAS, The City's LOS standard for Solid Waste is 1.28 tons/resident/year.
The Franchise Agreement the City maintains provides flexibility to address fluctuations
in solid waste production; and
WHEREAS, the MCNP has updated its LOS standards for the City with the most
recent update of the Transportation Element, and in December 28, 2022, a
Transportation Concurrency analysis was performed based on existing and proposed
FLR and density for the application and the maximum potential impact as it relates to
trip generation was calculated for the Property, and the proposed FLR and densities
have the potential to result in a total increase of approximately 11,900 daily trips and
1,700 P.M. peak hour trips; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered
the goals, objectives, and policies of the MCNP, Ordinance No. 10544; the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), Ordinance No.
13114; 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 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
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 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 of the City of Miami,
recommends approval of an 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, to change
the Future Land Use designation of 0.704 ± acres of real property located at 14 NW 75
Street, 7409 NW Miami Court, 7450 N Miami Avenue, and 7401 NW Miami Court,
Miami, Florida from "Light Industrial" and "Medium Density Multifamily Residential" 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 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 "150 dwelling units per acre", 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
(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.
adoption.
This Resolution shall become effective immediately upon its
City of Miami Page 3 of 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 4 of 4 File ID: 13399 (Revision:) Printed On: 3/31/2023
EXHIBIT "A"
LOCATION MAP
THIS IS NOT A SURVEY
CITY OF MIAMI , FLORIDA
PROPERTY ADDRESS:
7409 NW MIAMI CT, MIAMI FL 33150 - Folio: 01-3112-068-0041
7450 N MIAMI AVE, MIAMI FL 33150 - Folio: 01-3112-068-0020
7401 NW MIAMI CT, MIAMI FL 33150 - Folio: 01-3112-068-0050
14 NW 75 ST, MIAMI FL 33150- Folio: 01-3112-068-0040
LOCATION SKETCH
SCALE = N.T.S.
LOT-1
BLOCK.2
LOT-4
BLOCK-2
LOT.3
BLOCK.1
LOT-2
BLOCK-1
LOT-4
BLOCK-1
LOT-5
BLOCK-1
I
LOT-6 LOT-6
BLOCK-2
BLOCK-1
LOT-7
BLOCK-1
I I
LOT.8
BLOCK-1
LOT-9
BLOCK.1
NOTICE
This submittal needs to be scheduled fora pubic hearing
In accordance whh bmellnes set forth in the City of
Miami Code. The appliceble decision -making bodywill
resiew the information at the pane hearing to render a
recommended on or a final decla on.
PZ-22-15059
03/10/23
CITY OF MIAMI
SURVEYOR'S NOTES:
I . NO SEARCH OF THE PUBLIC RECORDS HAS BEEN
MADE BY JOHN IBARRA $ A55OCIATE5 , INC.
2. THI5 SKETCH 15 BASED ON INFORMATION
FURNISHED BY CLIENT OR CLIENT'S REPRESENTATIVE.
3. THIS SKETCH 15 NOT VALID WITHOUT THE ORIGINAL
SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
4. BEARINGS SHOWN HEREON ARE BASED ON PLAT.
SEC.,TWP ,RGE
CITY OF MIAMI , FLORIDA
SHEET 1 OF 3. NOT VALID WITHOUT SHEETS 2 OF 3 AND 3 OF 3.
DRAWN BY:
LK
DATE :
10/28/2022
SCALE:
SURVEY NO:
SHEET:
NONE
19-001434-4.1
1 OF 3
JOHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
W W W.IBARRALANDSURVEYORS.COM
777 N.W. 72nd AVENUE
SUITE 3025
MIAMI, FLORIDA 33126
PH: (305) 262-0400
FAX : (305) 262-0401
3725 DEL PRADO BLVD. S.
SUITE 6
CAPE CORAL, FL 33904
PH: (239) 540-2660
FAX: (239) 540-2664
LB#7806
Digitally signed by JOHN A
IBARRA
Date: 2022.11.04 15:55:20
-04'00'
Adobe Acrobat version:
2018.009.20050
PUSi. /C
FO NIT GIY OF
MIANI IAONIIMt11I
R=25.00'
T=25.05 —,
0=090°07'30"
CH=35.39'
5.00'r7
5.00'
25.00'
PHOENIX PK SUB.
(P.B. 6 - PG.60 )
LOT - 32
BLOCK - 2
FOLIO No.: 01-3111-048.0480
PROPER, Ts ST
CPAInnac MIEDA
NW 75th STREET
160.1 I'
a. RUH)LICL" EITTICA JRIGHT OF W.,
SO' TOTAL RIGHT-OF-WAY
72.76'
LOT-3 j
BLOCK-1
B.B.L
L=36.79'
R=25.00'
T=22.64
A=084°19'22"
CH=33.56'
LOT-2
BLOCK - 1
I51.99'
R= 5G8.4
A=005'33'08"
CH=151.93'
LAND AREA
± 30,648 SQ. FT
OR±0.70 ACRES
LOT-4
BLOCK-1
LOT-5
BLOCK-1
130.00'
LOT-6
BLOCK-1
LOT-7
BLOCK-1
LOT-8
BLOCK-1
P.O.B.
PARCE_ 115
LESS PORTION
OF LOT
35.U6
rY
0 0 5.00'
J J
410 34
LESS CUT
CRTION
V OF LOT-4.
ZO (" 3LOC<-I
n
B.B.L
co
1.0
35.00'
CITY GIT'
11
LOT-9
BLOCK-1
P.O.C.
HE CO<Ntr.
LET-,
DLocr-I
5.0C'
1W1
00
J m
-C_ a
yl
EXHIBIT "A"
SKETCH ACCOMPANY
or
0 o LEGAL DESCRIPTION
J m THIS IS NOT A SURVEY
CITY OF MIAMI, FLORIDA
SEC. 12, TWP 53 S., RGE 41 E.
CITY OF MIAMI, FLORIDA
NOTICE
This submittal needs b be scheduled bra public hearing
In accordance whh bmellnes set forth in the City of
Miami Code. The appliceble decision -making body will
resiew the information at the public hearing to render a
recommended on or a final decla on.
PZ-22-1 5059
03/10/23
te
Rtbl Ew COv-
CITY OF MIAMI
25' TOTAL RI HT -OF -WAY
NE 74th ST.
5.00'
P.O.C.
N.E. CORNER
OF LOT 8,
BLOCK
GRAPHIC SCALE
-GO 0 30 GO
(IN FEET)
1 INCH = 60 FEET
SHEET 2 OF 3. NOT VALID WITHOUT SHEETS 1 OF 3 AND 3 OF 3.
DRAWN BY:
LK
DATE :
10/28/2022
SCALE:
SURVEY NO:
SHEET:
1"=60'
19-001434-4.1
2 OF 3
JOHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
W W W.IBARRALANDSURVEYORS.COM
777 N.W. 72nd AVENUE
SUITE 3025
MIAMI, FLORIDA 33126
PH: (305) 262-0400
FAX : (305) 262-0401
3725 DEL PRADO BLVD. S.
SUITE 6
CAPE CORAL, FL 33904
PH: (239) 540-2660
FAX: (239) 540-2664
00 IBARB
1 50 5204
TA
%ZZOIZIO,.
'Mk LA!>
L6#7806
Digitally signed by JOHN A
IBARRA
Date: 2022.11.04 15:55:38
-04'00'
Adobe Acrobat version:
2018.009.20050
EXHIBIT "A"
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
THIS IS NOT A SURVEY
CITY OF MIAMI, FLORIDA
SEC. 12, TWP 53 S., RGE 41 E.
CITY OF MIAMI, FLORIDA
LEGAL DESCRIPTION:
NOTICE
This submittal needs to be scheduled fora pubic hearing
In aaordanre whh bmellnes set forth in the City of
Miami Code. The applicable decision -making body NOR
resiew the information at the pone hearing to render a
recommendation or a final decla on.
PZ-22-15059
03/10/23
CITY OF MIAMI
THE NORTH 80 FEET OF LOT 3, BLOCK 1, OF HILLSIDE TERRACE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 14, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LOT 3, LESS THE NORTH 80.0 FEET IN BLOCK 1, OF HILLSIDE TERRACE, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 14, PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
LOT 1, LESS THE EAST 35 FEET THEREOF, AND LOT 2 IN BLOCK 1, OF HILLSIDE TERRACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7, AT PAGE 14, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
ALSO LESS:
COMMENCE AT THE NORTHEAST CORNER LOT 1, IN BLOCK 1 OF HILLSIDE TERRACE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 14, PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE RUN WESTERLY ALONG THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 35.00 FEET TO POINT OF INTERSECTION WITH A LINE THAT 35.00 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 1 AND THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF
32.19 FEET TO THE POINT OF CURVATURE WITH A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE
SOUTHWEST HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 84 ° 20' 39" FOR AN ARC DISTANCE OF 36.80 FEET TO THE POINT OF COMPOUND CURVATURE WITH A
CIRCULAR CURVE TO THE RIGHT; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 1568.41 FEET, THROUGH A CENTRAL
ANGLE OF 04° 22'02" FOR AN ARC DISTANCE OF 119.55 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 1; THENCE RUN EASTERLY ALONG THE SOUTH LINE OF
SAID LOT 1 FOR A DISTANCE OF 0.34 THE POINT OF INTERSECTION WITH THE AFOREMENTIONED LINE THAT IS 35.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 1;
THENCE RUN NORTHERLY ALONG THE LINE THAT IS 35.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 1 FOR A DISTANCE OF 141.81 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
LOT 4, LESS THE EAST 35 FEET THEREOF, AND LESS ADDITIONAL ROAD RIGHT OF WAY CONVEYED IN OFFICIAL RECORD BOOK 5211, PAGE 39; LOT 5, LESS THE EAST 35 FEET THEREOF.
BLOCK 1, HILLSIDE TERRACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE(S) 14, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
SEE SURVEYORS NOTE AS TO RIGHT-OF-WAY LINE.
CONTAINING THE LAND ARE OF THE SUBJECT PROPERTY IS IN TOTAL 30,648 SQUARE FEET OR ± 0.70 ACRES AS DESCRIBED IN THE LEGAL DESCRIPTION.
ABBREVIATIONS:
= CENTER LINE
= MONUMENT LINE
P.B. = PLAT BOOK
PG. = PAGF_
SQ. FT. = SQUARE FEET
SEC. = SECTION
TWO = TOWNSHIP
RGE. = RANGE
SURVEYOR'S CERTIFICATION:
I HEREBY CERTIFY: THIS "SKETCH 07 LEGAL DESCRIPTION" OF THE PROPERTY DESCR'BED HEREON. HAS
RECENTLY BEEN SURVEYED AND DRAWN UNDER, MY SUPERVISION, AND COMPLIES WITH THE STANDARDS
OF PRACTICE AS 5ET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
5J-1 7, FLORIDA ADMI'SSTRATIVE CODE PURSUANT TO 472.027, FLORJDA STATUTES.
BY:
P9"
Digitally signed byJOHN A IBARRA
Date: 2022.11.0415:56:14 -04'00'
Adobe Acrobat version:
2018.009.20050
10/28/2022
JOHN IBARRA (DAT0 OF PIED WORK)
7000755/ONAL LAND SURVEYOR NO.: 5204 STATE OF FLORIDA
SHEET 3 OF 3. NOT VALID WITHOUT SHEETS 1 OF 3 AND 2 OF 3.
DRAWN BY:
LK
DATE :
SCALE:
SURVEY NO:
SHEET:
10/28/2022
NONE
19-001434-4.1
3 OF 3
JOHN IBARRA & ASSOCIATES, INC.
Professional Land Surveyors & Mappers
W W W.IBARRALANDSURVEYORS.COM
777 N.W. 72nd AVENUE
SUITE 3025
MIAMI, FLORIDA 33126
PH: (305) 262-0400
FAX : (305) 262-0401
3725 DEL PRADO BLVD. S.
SUITE 6
CAPE CORAL, FL 33904
PH: (239) 540-2660
FAX: (239) 540-2664
oHH IBARR
nnrar of o
N4L LAND
LB#7806
Digitally signed byJOHN A
IBARRA
Date: 2022.11.0415:55:58
-04'00'
Adobe Acrobat version:
2018.009.20050