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Home My WebLink AboutPZAB (16467) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-063 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 16467 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 "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 55 NORTHWEST 23 AVENUE, 2250 NORTHWEST FLAGLER TERRACE, AND 2260 NORTHWEST FLAGLER TERRACE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 55 Northwest 23 Avenue, 2250 Northwest Flagler Terrace, and 2260 Northwest Flagler Terrace, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") has a current future land use designation of "Duplex Residential"; and WHEREAS, Glen Royal Rentals 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 "Medium Density Restricted Commercial"; and WHEREAS, the Property site is 0.413 ± acres in size; and WHEREAS, the Property site is currently zoned "T4-R," General Urban Transect Zone — Restricted, on the Zoning Atlas of Ordinance No. 13114, the Zoning Atlas of the City of Miami, Florida, as amended, ("Miami 21 Code") which is inconsistent with its Future Land Use designation of "Duplex Residential"; and WHEREAS, this inconsistency was created with the Miami 21 Zoning Code; and WHEREAS, the Property site is currently vacant and cannot realize the full potential of its existing zoning due to the inconsistency between the FLUM and the Miami 21 Code Zoning Atlas; and WHEREAS, the proposal to amend the FLUM of the Property from "Duplex Residential" to "Medium Density Restricted Commercial" would correct the inconsistency; and WHEREAS, the proposal to amend the FLUM of the Property from "Duplex Residential" to "Medium Density Restricted Commercial" has sufficient levels of services standards for City of Miami Page 1 of 3 File ID: 16467 (Revision:) Printed On: 9/23/2024 Potable Water, Storm Sewer, Schools, and Transportation, which can be seen in "Attachment 1 — Concurrency Analyses"; and WHEREAS, the proposal has a companion item to rezone the Property from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, and this proposal is also consistent with the proposed new Future Land Use designation of "Medium Density Restricted Commercial"; and WHEREAS, the quarter -mile area surrounding the Property lacks diversity in Future Land Use designations to facilitate a well -designed mixed -use neighborhood as further described in Policy LU-1.1.7 of the MCNP and the proposed amendment would help further that policy; and WHEREAS, the Property is not located in the Coastal High Hazard Area and would increase allowed density, which would assist with directing population away from the Coastal High Hazard Area per Policy CM-4.1.2 of the MCNP; and WHEREAS, the City's Planning Department recommends approval of the requested FLUM amendment for the Property; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the 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; 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. It is recommended 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, is amended by changing the Future Land Use from "Duplex Residential" to "Medium Density Restricted Commercial," designation of 0.413 ± acres of real property at 55 Northwest 23 Avenue, 2250 Northwest Flagler Terrace, and 2260 Northwest Flagler Terrace, Miami, Florida, 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 City of Miami Page 2 of 3 File ID: 16467 (Revision:) Printed On: 9/23/2024 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 "Medium Density Restricted Commercial," 65 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and as further modified by the land use regulations; 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: David Snow City of Miami Page 3 of 3 File ID: 16467 (Revision:) Printed On: 9/23/2024 EXHIBIT "A" LEGAL DESCRIPTION SURVEYOR'S NOTES & CERTIFICATION TO ACCOMPANY SKETCH LEGAL DESCRIPTION: Lots 83, 84 and 85, Amended Plat and Resubdivision of Glenroyal, according to the map or plat thereof as recorded in Plat Book 5, Page 56, Public Records of Miami —Dade County, Florida. SURVEYOR'S NOTES: This site lies in Section 3, Township 54 South, Range 41 East, City of Miami, Miami —Dade County, Florida. All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. Bearings hereon are referred to an assumed value of N 87°47'00" E for the North right of way of West Flagler Street. Lands shown hereon were not abstracted for easements and/or rights —of —way of records. Lands shown hereon containing 18,012 square feet, or 0.413 acres, more or less. This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — This map is intended to be displayed at the graphic scale shown hereon or smaller. Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2023-055-2. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on April 2, 2024, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" FORTIN, LEAV 'S ,IttS, INC., LB3653 mo �o a 6435 d9 % na STATE OF -a- By. _ aMo aniel C. Portino,MTo r The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP Cad. No, 230545 Ref. Dwg. 2023-055-2 LEGAL, SURVEYOR'S NOTES & CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 4/2/24 Scale NOT TO SCALE Job. No. 240223 Dwg. No. t 0230381 Plotted: 4/2/24 7:46a Sheet of 3 5 EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION GRAPHIC SCALE 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. N.W. FLAGLER TERRACE (PUBLIC RIGHT OF WAY) N87°47'00"E 150.13' LOT 83 LOT 84 LOT 85 N87°47'00"E LOT 97 LOT 96 150.12' w LOT 86 0 O (NI O CENTERLINE OF N.W. FLAGLER TERRACE LOT 87 CITY OF MIAMI MONUMENT LINE LOT 88 T T \ \ \ I I I I LOT 95 LOT 94 LOT 93 LOT 92 AMENDED PLAT AND RESUBDIVISION OF GLENROYAL F)LAT BOOK 5 PAGE 56 N87°4700E CENTERLINE OF WEST FLAGLER STREET WEST FLAGLER STREET STATE ROAD NO.968 (PUBLIC RIGHT OF WAY) 1 LOT 90 CITY OF MIAMI MONUMENT LINE Drawn By MAP Cad. No, 230545 Ref. Dwg. 20230552 SKETCH OF DESCRIPTION F ORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 4/2/24 Scale 1"60' Job. No. 240223 Dwg. No. 10230381 Plotted: 4/2/24 7:46a Sheet 2 of 3 EXHIBIT "A" LEGAL DESCRIPTION SURVEYOR'S NOTES & CERTIFICATION TO ACCOMPANY SKETCH LEGAL DESCRIPTION: Lots 83, 84 and 85, Amended Plat and Resubdivision of Glenroyal, according to the map or plat thereof as recorded in Plat Book 5, Page 56, Public Records of Miami —Dade County, Florida. SURVEYOR'S NOTES: This site lies in Section 3, Township 54 South, Range 41 East, City of Miami, Miami —Dade County, Florida. All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. Bearings hereon are referred to an assumed value of N 87°47'00" E for the North right of way of West Flagler Street. Lands shown hereon were not abstracted for easements and/or rights —of —way of records. Lands shown hereon containing 18,012 square feet, or 0.413 acres, more or less. This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — This map is intended to be displayed at the graphic scale shown hereon or smaller. Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2023-055-2. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on April 2, 2024, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C. Fortin Jr, For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP Cad. No, 230545 Ref. Dwg. 2023-055-2 LEGAL, SURVEYOR'S NOTES & CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 4/2/24 Scale NOT TO SCALE Job. No. 240223 Dwg. No. t 0230381 Plotted: 4/2/24 7:46a Sheet of 3 EXHIBIT "A" LEGAL DESCRIPTION SURVEYOR'S NOTES & CERTIFICATION TO ACCOMPANY SKETCH LEGAL DESCRIPTION: Lots 83, 84 and 85, Amended Plat and Resubdivision of Glenroyal, according to the map or plat thereof as recorded in Plat Book 5, Page 56, Public Records of Miami —Dade County, Florida. SURVEYOR'S NOTES: This site lies in Section 3, Township 54 South, Range 41 East, City of Miami, Miami —Dade County, Florida. All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. Bearings hereon are referred to an assumed value of N 87°47'00" E for the North right of way of West Flagler Street. Lands shown hereon were not abstracted for easements and/or rights —of —way of records. Lands shown hereon containing 18,012 square feet, or 0.413 acres, more or less. This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — This map is intended to be displayed at the graphic scale shown hereon or smaller. Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2023-055-2. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on April 2, 2024, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C. Fortin Jr, For The Firm Surveyor and Mapper, LS6435 State of Florida. Drawn By MAP Cad. No, 230545 Ref. Dwg. 2023-055-2 LEGAL, SURVEYOR'S NOTES & CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Date 4/2/24 Scale NOT TO SCALE Job. No. 240223 Dwg. No. t 0230381 Plotted: 4/2/24 7:46a Sheet of 3