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Home My WebLink AboutPZAB (13720) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-047 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13720 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), 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 RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 775 SOUTHWEST 8 STREET (PORTION), 750 SOUTHWEST 7 STREET, AND 740 SOUTHWEST 7 STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located 775 Southwest 8 Street (portion), 750 Southwest 7 Street, and 740 Southwest 7 Street Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated, ("Property") has a current future land use designation of "Medium Density Restricted Commercial"; and WHEREAS, 775 SW 8 STREET LLC ("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 "Restricted Commercial"; and WHEREAS, the Property is approximately 1.535± acres in size; and WHEREAS, the City Planning Department recommended approval to amend the future land use designation of the Property from "Medium Density Restricted Commercial" to "Restricted Commercial"; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), has considered the goals, objectives, and policies of the MCNP; the Zoning Ordinance of the City of Miami, Florida, as amended ("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 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; City of Miami Page 1 of 3 File ID: 13720 (Revision:) Printed On: 5/10/2023 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. PZAB recommends approval to the City Commission to amend Ordinance No. 10544, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, as amended, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, by changing the Future Land Use designation of 1.535 ± acres of real property located at approximately 775 Southwest 8 Street (portion), 750 Southwest 7 Street, and 740 Southwest 7 Street Miami, Florida from "Medium Density Restricted Commercial to "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 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; (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 "Restricted Commercial", 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 (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: City of Miami Page 2 of 3 File ID: 13720 (Revision:) Printed On: 5/10/2023 Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 13720 (Revision:) Printed On: 5/10/2023 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A" LOCATION MAP NOT To SCALE LEGAL DESCRIPTION: Lots 6, 7, 8, 9 and 10, of Block 46, of CITY OF MIAMI SOUTH, according to the plat thereof, as recorded in Plat Book B, Page 41, of public records of Miami- Dade County, FLORIDA. PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: 1) "PLAT OF CITY OF MIAMI SOUTH" as recorded in Plat Book B, Page 46, Miami -Dade County Records. 2) City of Miami Municipal Atlas Sheet 35R. 3) Boundary Survey of Building No.750 S.W. 7 Street , Miami, FLORIDA 33130, prepared by M.E. Land Surveying, Inc. with a Drawing Date of January 21, 2022. Bearings shown hereon are based upon the City of Miami Monument Line for 7th Street, with an assumed bearing of S 89° 59' 33" E, said line to be considered a well established and monument line. RESTRICTIONS: This document does not represent a field boundary survey of the described property, or any part or parcel thereof. S.W. 8th AVENUE T rI LOT 10 BLOCK 46 LOT 77 BLOCK 46 LEGEND: S. VV. 7th STREET (BASIS OF BEARING) S89°59'33"E S 89'5933" E 250. 00'(P) 248.92'(M) LOT 9 BLOCK 46 LOT 72 BLOC, 46 CITY OF MIAMI SOUTH. PB B/41 M.D.C.R. LOT 8 BLOCK 46 [ITY OF MIAMI SOUTH, P.5/41 LOT 7 BLOCK 46 89 59'33" E 250. 00 ) 248.85'(C) P.B. - PLAT BOOK R/W - RIGHT OF WAY M.D.C.R. - MIAMI DADE COUNTY RECORDS C - CALCULATED - CENTER LINE fy1 - CITY OF MIAMI MONUMENT LINE S - SOUTH N - NORTH W - WEST E - EAST P - PLAT M - MEASURED LOT 13 BLOCK 46 LOT 14 BLOCK 46 NORTH I Scale: 1"=40' LOT 6 BLOCK 46 LOC 16 LOT 76 BLOCK 46 BLOCK 46 SURVEYOR'S CERTIFICATE: I hereby certify: That the "Sketch to Accompany Legal Description" and the Survey Map resulting there from, was performed under my direction, and is true and correct to the best of my knowledge and belief and further that said "Sketch to Accompany Legal Description" meets the intent of the applicable provision of the " Standards of Practice for Land Surveying in the State of Florida", pursuant to Rules 5J-17.052 of the Florida Administrative Code and its implementing law, Chapter 42.027 of the Florida States. M.E. Land Surveying, Inc. nn Florida Certificate of Author Espinosa Miig LI Jsq�� digitally ;Igppc6=Miguel Espinosa, o=Miguel u �. Espinosa Land Surveying, ou=P.S.M. No.5101, iB _ email=ESPI NOSALAN DSURVEYING C 5 @GMAILCOM, Sc R gistered Surveyv and MEig3ea432,ffolf 16:48:38-04'00' State of Florida 0 z NOTICE PZ-22-15077� 04/26/23 SKETCH TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A" JOB No.B-107875 SHEET 1 OF 2