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HomeMy WebLinkAboutPZAB (12962) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-22-073 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12962 Final Action Date: 12/21/2022 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" FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE ("ASSEMBLAGE A"); FROM "SINGLE FAMILY RESIDENTIAL" TO " MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3475, 3479 AND 3481 HIBISCUS STREET, 3475 AND 3435 WILLIAM AVENUE; FROM "SINGLE FAMILY RESIDENTIAL/ MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3452 3440, 3430 AND 3460 THOMAS AVENUE AND 3456 ELIZABETH STREET (ASSEMBLAGE B"); AND FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET, AND 3645 AND 3633 DAY AVENUE ("ASSEMBLAGE C") MIAMI, FLORIDA, (COLLECTIVELY, "THE ASSEMBLAGE") MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("the Applicant") has submitted a request to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation from "Duplex Residential" to "Low Density Restricted Commercial" for the property generally located at 3424 and 3442 Southwest 37 Avenue, 3714 and 3718 Washington Avenue, and 3719 Thomas Avenue ("Assemblage A") pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting; and WHEREAS, the Applicant further submitted a request to amend the FLUM of the MCNP to change the future land use designation from "Single Family Residential" to "Medium Density Restricted Commercial" for the property generally located at 3475, 3479 and 3481 Hibiscus Street, 3475, and 3435 William Avenue. And from "Single Family Residential/ Medium Density Restricted Commercial" to "Medium Density Restricted Commercial" for the property generally located at 3452, 3440, 3430 and 3460 Thomas Avenue and 3456 Elizabeth Street ("Assemblage B") pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting; and City of Miami Page 1 of 4 File ID: 12962 (Revision:) Printed On: 12/28/2022 WHEREAS, the Applicant further submitted a request to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation from "Duplex Residential" to "Medium Density Restricted Commercial" for the property generally located at 3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue ("Assemblage C") pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting; and WHEREAS, Assemblage A, Assemblage B, and Assemblage C are collectively known as ("the Assemblage"); and WHEREAS, Assemblage A consists of five (5) parcels totaling approximately 15,895.09 square feet (0.36 acres) of land; and WHEREAS, Assemblage B consists of ten (10) parcels totaling approximately 61,224 square feet (1.40 acres) of land; and WHEREAS, Assemblage C consists of seven (7) parcels totaling approximately 39,590 square feet (0.90 acres) of land; and WHEREAS, the Assemblage consists of twenty two (22) parcels totaling approximately 117,409.09 square feet (2.69 acres) of land; and WHEREAS, the Assemblage is located in the Village West Island and Charles Avenue Neighborhood Conservation District (NCD-2); and WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market Overlay District," was established by Ordinance No.12324 by amending the prior City of Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No. 12417 rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No. 11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District"; and WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651 amending Article 6 to add Section 626, titled "Village West Island Special Overlay District," and to repeal the NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District and further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood Conservation Overlay District"; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the current Zoning Ordinance, as amended ("Miami 21 Code"); and WHEREAS, on April 23, 2020, the Miami City Commission, per City Commission Resolution No. R-20-0131, found that the West Grove has been plagued by economic blight; and WHEREAS, pursuant to City Commission directive on September 10, 2020, the City of Miami ("City"), working with a consultant, completed a report to identify future housing City of Miami Page 2 of 4 File ID: 12962 (Revision:) Printed On: 12/28/2022 opportunities within the West Grove community, titled "West Grove Affordable Housing Blueprint"; and WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission directed the City Manager and the City Attorney to take any and all actions to improve affordable housing within the Little Bahamas area of the City; and WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood Conservation District 2 regulations, titled "Village West Island District and Charles Avenue" ("NCD-2"); and WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove that are historically significant; to promote gateways, gathering places, and activities corresponding to its culture and heritage; to compliment the character of the entire community and promote the history of the Island District; and to promote its successful revitalization and restoration; and WHEREAS, the Assemblage is located within the West Grove neighborhood where there are a variety of zoning designations, commercial uses, and single family and duplex housing types; and WHEREAS, changes to the FLUM could alleviate the conditions of blight while supporting the intentions of maintaining the distinct character and heritage of the Village West Island District; and WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission directed the City Manager and the City Attorney to take any and all actions to initiate future land use map amendments, rezonings, and waivers, pursuant to the Miami 21 Code, for the acreage of real property at 3424 Southwest 37 Avenue, 3442 Southwest 37 Avenue, 3714 Washington Avenue, 3718 Washington Avenue, 3735 Washington Avenue, 3719 Thomas Avenue, 3825 Charles Terrace 3715 Charles Terrace, 3121 Mundy Street, 3125 Mundy Street, 3147 Mundy Street, 3135 Mundy Street, 3145 Mundy Street, 3153 Mundy Street, 3163 Mundy Street, 3173 Mundy Street, 3449 Hibiscus Street, 3456 Elizabeth Street, 3479 Hibiscus Street, 3452 Thomas Avenue, 3447 William Avenue, 3481 Hibiscus Street, 3475 William Avenue, 3430 Thomas Avenue, 3435 William Avenue, 3401 William Avenue, 3440 Thomas Avenue, 3454 Elizabeth Street, 3460 Thomas Avenue, and 3475 Hibiscus Street, Miami, Florida; 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 OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 3 of 4 File ID: 12962 (Revision:) Printed On: 12/28/2022 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board ("PZAB") recommends that the City Commission approve the request to amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, Ordinance 10544, as amended, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, should be amended by changing the Future Land Use designation of a total of approximately 3.53 acres ± acres from "Duplex Residential" to "Low Density Restricted Commercial" for the property generally located at 3424 and 3442 Southwest 37 Avenue, 3714 and 3718 Washington Avenue, and 3719 Thomas Avenue ("Assemblage A"); "Single Family Residential" to " Medium Density Restricted Commercial" for the property generally located at 3475, 3479 and 3481 Hibiscus Street, 3475 and 3435 William Avenue and "Single Family Residential/Medium Density Restricted Commercial" to "Medium Density Restricted Commercial" for the property generally located at 3452 3440, 3430 and 3460 Thomas Avenue and 3456 Elizabeth Street ("Assemblage B"); "Duplex Residential" to "Medium Density Restricted Commercial" for the property generally located at 3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue ("Assemblage C"), Miami, Florida, (collectively, "the Assemblage") as described in "Composite Exhibit A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of the Resolution shall not be affected. Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: Lakfsha Hull AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 12962 (Revision:) Printed On: 12/28/2022 Exhibit "A" Address: 3424 SW 37 AVE Folio: 0141200070800 Legal Description: ST ALBANS PARK PB 5-81 LOT 48 & N1/2 OF LOT 47 BLK B LOT SIZE 52.710 X 79 OR 20226-0190 0202 3 COC 26458-4933 06 2008 1 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body will rodew the information at the pubec hearing to render a recommendation or a final decision. PZ-22-15646 11/30/22 Address: 3442 SW 37 AVE Folio: 0141200070790 Legal Description: ST ALBANS PARK PB 5-81 LOTS 44-45-46 & S1/2 OF LOT 47 BLK B LOT SIZE 8357 SQ FT M/L Address: 3714 WASHINGTON AVE Folio: 0141200070810 Legal Description: ST ALBANS PARK PB 5-81 LOT 49 & E7FT LOT 50 BLK B LOT SIZE 27.000 X 70 OR 13460-720 0987 1 Address: 3718 Washington Ave Folio:0141200070820 Legal Description: ST ALBANS PARK PB 5-81 W13FT OF LOT 50 & E9.5FT OF LOT 51 BLK B LOT SIZE 22.500 X 70 OR 13460-719 0987 1 Address: 3719 Thomas Ave Folio: 0141200070780 Legal Description: ST ALBANS PARK LOT 43 & E18.5FT OF LOT 42 BLK B PB 5-81 LOT SIZE 38.500 X 70 COC 24062-4950 12 2005 5 Exhibit "A" Address: 3479 HIBISCUS ST Folio: 0141210074750 Legal Description: FROW HOMESTEAD PB B-106 LOT 34 LESS W1.5FT FOR ST BLK 28 LOT SIZE 50.000 X 99 OR 16273-0882 0294 4 COC 21774-2796 09 2003 1 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body will rodew the information at the pubec hearing to render a recommendation or a final decision. Address:3481 HIBISCUS ST Folio: 0141210074760 Legal Description: FROW HOMESTEAD PB B-106 LOT 35 BLK 28 LOT SIZE 50.000 X 100 74R 113121 PZ-22-15646 11/30/22 Address: 3475 WILLIAM AV Folio: 0141210120650 Legal Description: 21 54 41 DE HEDOUVILLES PB B-150 LOTS 65 & 66 LOT SIZE 120.000 X 124 74R 113122 Address: 3447 WILLIAM AV Folio: 0141210120641 Legal Description: DE HEDOUVILLES PB B-150 LOT 64 LOT SIZE 50.000 X 124 OR 12419-555 0185 4 Address:3435 WILLIAM AV Folio: 0141210120640 Legal Description: DE HEDOUVILLES PB B-150 LOT 63 LOT SIZE 50.000 X 124 Address: 3401 WILLIAM AV Folio: 0141210120630 Legal Description: 21 54 41 DE HEDOUVILLS PB B-150 LOT 62 LOT SIZE 75.000 X 124 Address: 3452 THOMAS AV Folio: 0141210120260 Legal Description: DE HEDOUVILLES PB B-150 LOT 24 LESS E9FT & E9FT LOT 23 LOT SIZE 50.000 X 124 OR 16737-4183 0495 4 Address: 3440 THOMAS AV Folio: 0141210120270 Legal Description: DE HEDOUVILLES PB B-150 LOT 25 & E9FT LOT 24 LOT SIZE 59.000 X 124 Address:3430 THOMAS AV Folio: 0141210120280 Legal Description: DE HEDOUVILLES PB B-150 LOT 26 LOT SIZE 50.000 X 124 OR 10185-1605 1078 1 Address:3456 ELIZABETH ST Folio: 0141210120300 Legal Description: DE HEDOUVILLES PB B-150 S5OFT LOT 27 LOT SIZE 50.000 X 75 OR COC 26122-1256 12 2007 1 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body will rodew the information at the pubec hearing to render a recommendation or a final decision. Address: 3460 THOMAS AVE Folio: 0141210120250 Legal Description: DE HEDOUVILLES PB B-150 LOT 23 LESS E9FT LOT SIZE 61.000 X 124 COC 26534-1209 08 2008 1 PZ-22-15646 11/30/22 Address: 3475 HIBISCUS ST Folio: 0141210074740 Legal Description: FROW HOMESTEAD PB B-106 LOT 33 LESS W1.5FT FOR ST BLK 28 LOT SIZE 50.000 X 99 OR 20869-3751 11/2002 1 EXHIBIT "A" Address: 3121 MUNDY ST Folio: 0141210060120 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 12 LOT SIZE 50.000 X 107 OR 18933-1104 1 This submittal needs to be scheduled for a puboc hearing In accordance whh timelines set forth in the City of Miami Code. The applicable decision -making body will rodew the information at the pubec hearing to render a recommendation or a final decision. PZ-22-15646 11/30/22 Address: 3125 MUNDY ST Folio: 0141210060110 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 11 LOT SIZE 50.000 X 107 OR 16636-4510 0994 1 Address: 3147 MUNDY ST Folio: 0141210060100 Legal Description: MUNDY SUB PB 15-29 LOT 10 LOT SIZE 50.000 X 107 OR 9512 2041 COC 23410-1567 05 2005 1 Address: 3135 MUNDY ST Folio: 0141210060090 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 9 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2 Address: 3145 MUNDY ST Folio: 0141210060080 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 8 LOT SIZE 50.000 X 107 OR 17387-3628 1096 2 Address: 3153 MUNDY ST Folio: 0141210060070 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 7 LOT SIZE 50.000 X 107 OR 20101-3331 12/2001 1 COC 24718-3470 07 2006 1 Address: 3163 Mundy Street Folio: 0141210060060 Legal Description: MUNDY SUB PB 15-29 LOT 6 LOT SIZE 50.000 X 107 OR 20997-2604 01/2003 1 Address: 3173 MUNDY ST Folio: 0141210060050 Legal Description: MUNDY SUB PB 15-29 LOT 5 LOT SIZE 50.000 X 107 74R-262731 OR 18156- 3470/23718-0868 0698 4 COC 23718-0870 08 2005 4 Address: 3633 DAY AV Folio: 0141210060045 Legal Description: 21 54 41 MUNDY SUB PB 15-29 LOT 4 LOT SIZE 7020 SQ FT M/L FAU 01 4121 006 0040 Address: 3645 DAY AV Folio: 0141210060040 Legal Description : 21 54 41 MUNDY SUB PB 15-29 LOT 3 LOT SIZE 5820 SQ FT M/L