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Home My WebLink AboutPZAB (13074) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-079 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13074 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" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED COMMERCIAL" FOR THE PROPERTIES GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, 162 NORTHEAST 50 TERRACE, 170 NORTHEAST 50 TERRACE, 184 NORTHEAST 50 TERRACE, 183 NORTHEAST 50 STREET, 177 NORTHEAST 50 STREET, AND 169 NORTHEAST 50 STREET MIAMI, FLORIDA, (COLLECTIVELY, "THE PROPERTY") MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 160 Northeast 50 Terrace, 162 Northeast 50 Terrace, 170 Northeast 50 Terrace, 184 Northeast 50 Terrace, 183 Northeast 50 Street, 177 Northeast 50 Street, and 169 Northeast 50 Street Miami, Florida, (Collectively, the "Property") has a current future land use designation of "Medium Density Multifamily Residential" and "Single Family Residential"; and WHEREAS, Javier Fernandez Esquire, on behalf of Design District Studios LLC, Design District Studios II LLC, Design District Studios 3 LLC, BVM Development LLC, Joel H. Poliard, Jose & Carmen Solorzano (collectively 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 from "Medium Density Multifamily Residential" and "Single Family Residential" to "Restricted Commercial" and "Medium Density Restricted Commercial"; and WHEREAS, the Property consists of seven (7) parcels totaling approximately 1.33 ± acres in size, only 0.98 ± acres in size is part of the request; and WHEREAS, on August 7, 2018, 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 Y22-mile barrier -free walk to a park entrance to meet public Levels of Service (LOS). 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 meets LOS standards; and City of Miami Page 1 of 3 File ID: 13074 (Revision:) Printed On: 12/26/2023 WHEREAS, The MCNP LOS standard for potable water service is 92.05 gallons per capita per day (PCPD). Consumption is assumed to be approximately 24,489 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. The MCNP does not require testing of this County service. A Miami -Dade County Water and Sewer Department permit is required; and WHEREAS, The City's LOS standard for Solid Waste is 1.28 tons/resident/year and the City's Franchise Agreement provides flexibility to address fluctuations in solid waste production; and WHEREAS, The Property is located within a City designated Transit Corridor that provides the City's residents with easily accessible transit options.; 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, 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 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 recommends that the City Commission 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 0.98 ± acres of real property at 160 Northeast 50 Terrace, 162 Northeast 50 Terrace, 170 Northeast 50 Terrace, 184 Northeast 50 Terrace, 183 Northeast 50 Street, 177 Northeast 50 Street, and 169 Northeast 50 Street Miami, Florida, by: • changing the Future Land Use designation of a portion of the Property located at 160 NE 50 Terrace from "Single Family Residential" to "Medium Density Restricted Commercial"; and • changing the Future Land Use designation of portions of the Property located at 162 NE 50 Terrace, 170 NE 50 Terrace, 169 NE 50 Street, 177 NE 50 Street, and 183 NE 50 Street from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial"; and City of Miami Page 2 of 3 File ID: 13074 (Revision:) Printed On: 12/26/2023 • changing the Future Land Use designation of a portion of the Property located at 184 NE 50 Terrance from "Medium Density Multifamily Residential & Restricted Commercial" to "Medium Density Restricted Commercial & Restricted Commercial" all 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. 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: 13074 (Revision:) Printed On: 12/26/2023 EXHIBIT "A" PARCELS BEING REDESIGNATED FROM MED. DENSITY MULTI -FAMILY RESIDENTIAL TO MED. DENSITY RESTRICTED COMMERCIAL: This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Cede. The applies de decision -making body will rodew the information at the pubc hearing to render a recommendation or a final decla on. PZ-21-10194 02/10/23 Lots 3 and 4, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the plat thereof, recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida. Lots 3, 4, and 5, Block 1, of BELLAIRE, a subdivision, according to the Plat thereof, recorded in Plat Book 6, Page 24, of the Public Records of Miami -Dade County. PARCEL BEING REDESIGNATED FROM MEDIUM DENSITY RESTRICTED COMMERCIAL TO RESTRICTED CO M M ERCIAL: The West 15.5 feet of Lot 2, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the plat thereof, recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida. PARCEL BEING REDESIGNATED FROM SINGLE FAMILY RESIDENTIAL TO MEDIUM DENSITY RESTRICTED COMMERCIAL: The East 55 feet of Lot 5, Block 7, of CORRECTED PLAT OF ALTA VISTA, according to the plat thereof, recorded at Plat Book 6, Page 4, in the Public Records of Miami -Dade County, Florida.