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Home My WebLink AboutPZAB (14779) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-120 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14779 Date Rendered: 1/04/2024 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 "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 7816 NW 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant has 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 "Low Density Restricted Commercial"; and WHEREAS, the property is located at 7816 Northwest 2 Court, Miami, Florida (the "Property") and has a current MCNP's Future Land Use (FLU) designation of "Duplex Residential"; and WHEREAS, the site is 0.289 ± acres in size and is within a City -designated Transit Corridor Quarter -Mile Radius"; and WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Land Use Element, Policy LU-1.1.3 which provides : The City's zoning ordinance provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities;...Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations; and WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Land Use Element, Policy LU-1.1.7 which provides: Date Rendered: 1/04/2024 City of Miami Page 1 of 3 File ID: 14779 (Revision:) Printed On: 1/4/2024 Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit; and WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Land Use Element, Policy LU-1.6.4 which provides: Any proposal to amend the City's Zoning Atlas that has been deemed to require an amendment to the Future Land Use Plan Map by the Planning Department, shall require a level of service (LOS) review and a finding from the Planning Department that the proposed amendment will not result in a LOS that falls below the adopted minimum standards described in Policy CI-1.2.3, and will not be in conflict with any element of the MCNP. Based on its evaluation, and on other relevant planning considerations, the Planning Department will forward a recommended action on said amendment to the Planning Advisory Board, which will then forward its recommendation to the City Commission; and WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Transportation Element, Policy TR-1.1.5 which provides: "The City will encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers"; 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 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. City of Miami Page 2 of 3 File ID: 14779 (Revision:) Printed On: 1/4/2024 Section 2. The PZAB recommends to the City Commission to approve 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, by changing the Future Land Use designation of 0.289 ± acres of real property at 7816 Northwest 2 Court, Miami, Florida from "Duplex Residential" to "Low Density Restricted 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 36 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. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 14779 (Revision:) Printed On: 1/4/2024 JUAN R. MARTINEZ & ASSOCIATES, INC. ENGINEERS -SURVEYORS -PLANNERS 8550 WEST FLAGLER STREET, SUITE 121. MIAMI. FLORIDA 33144 Phone: (305) 552-7007 Fax: (305) 552-7016 Email: martinez.associates@live.com EXHIBIT A SKETCH TO ACCOMPANY LEGAL DESCRIPTION SCALE: 1 " = 40' Lot 1 Lot 2 Crosel Heights PB 10-Pg 32 1128.99' Lot 3 o cs Lot 4 00 d Block 1 d 10 Lo 6449.31 Sq. Ft. 0.14 acre 0 d 10 128.97' Lot 5 Block 1 6447.88 Sq. Ft. 0.14 acre 128.95' Lot 6 Crosel Heights PB 10-Pg 32 0 0 d 10 2 This submittal needs to be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Ccde.The applicable decision -making bcdywill renew the infennation at the pubdc hearing to render a recommendation or a final decision. PZ-23-15933 12/01/23 LEGAL DESCRIPTION: LOTS 4 AND 5 BLOCK 1, OF CROSEL HEIGHTS. ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 10, PAGE 32, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. FOLIO NUMBER 01-3112-032-0030 PROPERTY ADDRESS: 7816 NW 2nd COURT. Miami. Florida. 33150 SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR: A. PAIGO, INC SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY THE ATTACHED LAND DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEVE AS PREPARED UNDER MY DIRECTION. 1 FURTHER CERTIFY THAT THIS LAND DESCRIPTION AND SKETCH MEETS THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 5J-17. OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED HEREON. JOB No.: 43331 DRAWN BY: L.B. DRAWING DATE: 01-23-2023 Revised to show area in acre 05-17-2023 Juan R Martinez By, Note: This Survey Sketch is not a Survey Digitally signed by Juan R Martinez Date: 2023.05.17 09:36:42-04'00' JUAN R. MARTINEZ PROFESSIONAL LAND SURVEYOR NO.: 2160 STATE OF FLORIDA CERTIFICATE NO. L.B. 1751