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Home My WebLink AboutPZAB (6182) Resolution0'<N' 0A.; City of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL 33133 www.miamigov.com R Enactment Number: PZAB-R-19-031 File ID: 6182 Final Action Date: 7/31/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD, WITH ATTACHMENTS, RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION OF AN ORDINANCE 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 "HIGH DENSITY MULTIFAMILY RESIDENTIAL" OF THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, 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 at 1040 Southwest 29 Court, Miami, Florida is approximately 5.68 acres ("Property") and is designated "Medium Density Multifamily Residential' on the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Property is owned by Miami -Dade County, and is the current location of three (3) elderly affordable housing buildings; and WHEREAS, Miami -Dade County ("Applicant") submitted a comprehensive plan amendment application to change the future land use designation of the Property to "High Density Multifamily Residential' (the "Amendment"); and WHEREAS, two (2) affordable housing buildings of approximately 182 units, known as Smathers Phase I, were built in 1978 and are currently undergoing rehabilitation; and WHEREAS, the third affordable housing building of approximately 133 units was completed in 2016 and is known as Smathers Phase Il; and WHEREAS, the Amendment would allow the redevelopment of portions of the Property to increase the availability of affordable housing for the elderly, meeting the intent of Future Land Use Objective LU -4.2, Housing Goal HO -1, and Housing Policy HO -1.1.10 (1) of the MCNP; and WHEREAS, with the Amendment as proposed, the residential density permitted on site would increase, as "Medium Density Multifamily Residential' allows up to 65 dwelling units per acre and "High Density Multifamily Residential' allows up to 150 dwelling units per acre; and City of Miami Page 1 of 3 File ID: 6182 (Revision: C) Printed On: 8/112019 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 of Miami ("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 ("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 5.68± acres of real property at 1040 Southwest 29 Court, Miami, Florida, as described in "Exhibit A," attached and incorporated, from "Medium Density Multifamily Residential" to "High Density Multifamily Residential." 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 "High Density Multifamily Residential," 150 dwelling units per acre, pursuant to the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of City of Miami Page 2 of 3 File ID: 6182 (Revision: C) Printed On: 81112019 Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); 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 Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. This Resolution shall become effective immediately upon its adoption. 71,11/1 X 1 hq Francisco Garcia, Director Execution Pate/ Dep`�irtTnent of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, ZW, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed thl foregoing Resolution. �-\� SWORN AND SUBSCRIBED BEFORE ME THIS � DAY OF V`S� 201Q_. � Prin Notary Name Not Public State of Florida Personally know e� or Produced I.D. M /Commission Expires: Type and number of I. D. produced Did take an oath or Did not take an oath >" P� ERICA K. LEE . � MY COMMISSION # GG 188537 EXPIRES: February 21, 2022 Bonded Thru Notary Public Ur4worNYre City of Miami Page 3 of 3 File ID: 6182 (Revision: C) Printed On: 81112019 EXHIBIT A LEGAL DESCRIPTION SMATHERS PLAZA: 10- oa'. NOTICE caewy mscem.aoce�wrwf noe.c,maeaa:a o�scie.ayr,xaa.�zvanm�ax.axaamnaecayd aaar+cuee meaca�s�aaeccm-�aywgwm�ew a.oa,m a,,prsmxnwwncica:y xdmaewwa ' nmwr.nxxro�wamxaxwi PZ -19-3135 07/01/19 TRACT "A", PUBLIC HOUSING PROJECT FLORIDA 5-18, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 81, PAGE 26, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA.