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HomeMy WebLinkAboutPZAB (4429) ResolutionCity of Miami City Hall 't 3500 Pan American Drive i1Flf1 li."1T PZAB Resolution Miami, FL 33133 .� www.miamigov.com Enactment Number: PZAB-R-18-046 File ID: 4429 Final Action Date: 9/24/2018 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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED APPROXIMATELY AT 3516 NORTHWEST 7 AVENUE AND 725 NORTHWEST 35 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 725 Northwest 35 Street, Miami, Florida has a current future land use designation of "Medium Density Multifamily Residential'; and WHEREAS, the property located at 3516 NQrrthwest 7 Avenue, Miami, Florida has two (2) current future land use designations of "Medium Density Multifamily Residential' and "Restricted Commercial"; and WHERAS, 725 Northwest 35 Street, Miami, Florida and 3516 Northwest 7 Avenue, Miami, Florida (collectively, "Property" or "Properties") are more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, 3516 NW 7th Ave LLC ("Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation of the portions of these Properties that are designated "Medium Density Multifamily Residential' to "Medium Density Restricted Commercial'; and WHEREAS, the Property is comprised of two (2) parcels and is a total of approximately 0.782± acres in size, but the requested change to the Future Land Use Map is approximately 0.316± acres in size; and WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, 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 City of Miami Page 1 of 3 File ID: 4429 (Revision:) Printed On: 101312018 WHEREAS, PZAB, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to recommend approval of this Comprehensive Plan Amendment to the Future Land Use Map 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. PZAB recommends to the City Commission to approve the 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, to change the Future Land Use designation of 0.316 ± acres of real property at 3516 Northwest 7 Avenue and 725 Northwest 35 Street, Miami, Florida from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial", as described in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (10) 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 "Medium Density Restricted Commercial", 65 dwelling units per acre, pursuant to the Miami Neighborhood Comprehensive 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. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 4429 (Revision:) Printed On: 101312018 44+ l0 � IC,/ Francisco GarcrejDirector Execution Date Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) C�Y1r i 5—f�Y�-ems Personally appeared before me, the undersigned authority,-'t►')I)$ , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s1/he executed the foregoing Resolution. ✓ SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF OC -7 201_5 iberH-riZ-�.1�1� r.��,2 Q,E•"nn Print Notary Name Notary Public State of A ida Personally know `� or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath CEATRIZ! VAREZ 3775 :,'FOFF�oP° Piles N010ember20, 2021 nded i1x„ Troy Fain k u ance soo,?85 lots City of Miami Page 3 of 3 File ID: 4429 (Revision:) Printed On: 101312018 EXHIBIT "A" PARCEL it LOTS 3, 29, 30,31 AND 32 OF ElIEN PARK, ACCORDING Tp THE PLAT 77-IEREOr s PUBLIC RECORDS O�AIIAM!-0ADF COPLA r UNTY 1ZO BOK 7 PAGC 'ARCEL 2.• LOT 28 OF EDEN PARK, ACCORDING TO THF PLAT THCRF_OF AS RECORDED IN PLAT 1300K 7, PAGE 29 PUBLIC RF_CORO OFM/AMI-DADECOUNIY, FLORIDA. LESS AND EXCEPT rHEREFROM.• THE F4S7- 7:5 FEED' OF LOTS 3, 30, 31 AND 32 OF FDaV PARK, ACCORDING TO THE PLAT 7 -HEREOF- AS RECORDED IN FLAT BOOK 7, PAGE 2a PUSLIC RF_CORDS OF M!A/H! DgDE COUNTY, FLORIDA. LYING AND BEING IN SECTION A TOWNSHIP .53 RANGE 41 EAST, CITY OF MG4�N SOUTH, /, M/AMI-DADS COUNTY, FLOR/DA.