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HomeMy WebLinkAboutPZAB (4231) ResolutionA", "'" City of Miami City Hall F PZAB Resolution 3500 Pan American Drive * �.�..� �..��. Miami, FL 33133 t�R," www.miamigov.com Enactment Number: PZAB-R-19-037 File ID: 4231 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 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 "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 3640 BIRD AVENUE, 3601 BIRD ROAD, AND 3555 SOUTHWEST 29 TERRACE, AND CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 2990 SOUTHWEST 36 COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 3640 Bird Avenue, 3601 Bird Road, and 3555 Southwest 29 Terrace Miami, Florida ("Property 1 ") has a current future land use designation of "Light Industrial" in the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the property located at 2990 Southwest 39 Court Miami, Florida ("Property 2") has a current future land use designation of "Low Density Restricted Commercial" in the FLUM of the MCNP; and WHEREAS, Property 1 and Property 2 are more particularly described in Exhibit "A," attached and incorporated (collectively, "Properties"); and WHEREAS, Dee[ Realty, LLC ("Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation of the Properties to "General Commercial"; and WHEREAS, the site of the Properties is approximately 1.47+- acres in size; and WHEREAS, the City of Miami ("City") seeks to incentivize density and mixed use development near Transit -Oriented Development ("TOD"); and WHEREAS, based on an examination of the existing land uses and observation by site visit, the residential areas near the Properties are primarily Duplex developments; and WHEREAS, based on the US Census Bureau's American Community Survey, over seventy percent (70%) of residents within the Census Block Group in which the Properties are City of Miami Page 1 of 3 File ID: 4231 (Revision: C) Printed On: 81112019 located are Rental Cost Burdened and over forty percent (40%) of residents in the Census Block Group live below the Poverty Line; and WHEREAS, analysis of City Levels of Service ("LOS") has shown that the proposed change to the FLUM could result in an increase potential of population by 121 residents; and WHEREAS, analysis of City Levels of Service has shown that all levels of service appear to be able to be met, with the exception of Transportation, where the current LOS for Bird Road is already an "F"; and WHEREAS, the City's Office of Capital Improvements recommends the Applicant provide more information on how transportation impacts could be mitigated at the time of redevelopment; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the Miami Comprehensive Plan; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("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 to the Miami City Commission 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, should be amended by changing the Future Land Use designation of 1.47 ± acres of real property at 3640 Bird Avenue, 3601 Bird Road, 3555 Southwest 29 Terrace, and 2990 Southwest 36 Court, as more particularly described in Exhibit "A," attached and incorporated, from "Light Industrial" and "Low Density Restricted Commercial" to "General Commercial" as described herein. 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 City of Miami Page 2 of 3 File ID: 4231 (Revision: C) Printed On: 8/1/2019 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 "General Commercial," 150 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. This Resolution shall become effective immediately upon its adoption. jja(Franci co Garcia, Director Execution Datepa '%f Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) 44�� ti Personally appeared before me, the undersigned authority, 111 Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed tfie foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS I DAY OF r'NC'A j� , 201_A PQh*V, on, -e ( J Pr6t NotaryTVame Notary P is State of Florida Personally know ✓ or Produced I.D. My Co mission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath ERICAKLEE MY COMMISSION # GG 188537 EXPIRES: �F.,enb�ruary 21,2022 �'��EdF °: • BOII WTtWU W 7 UIId01Wrk8r! City of Miami Page 3 of 3 File ID: 4231 (Revision: C) Printed On: 81112019 Exhibit A Legal Description: Lot23, less Rapid Transit ROW, Block 15 of OVERBROOK PARK, according to the plat thereof recorded at Plat Book 3, Page 206 of the Public Records of Miami -Dade County, Florida Also known as: 3555 SW 29 Terrace, Miami, Florida Folio: 01-4116-019-1330 Lots 11, 12 and 13, less the South 20 feet of Lot 13, Block 14 of OVERBROOK PARK, according to the plat thereof recorded at Plat Book 3, Page 206 of the Public Records of Miami -Dade County, Florida Also known as: 3601 Bird Road, Miami Florida Folio: 01-4116-019-1040 Lots 24, 25, and 26, Block 14 of OVERBROOK PARK, according to the plat thereof recorded in Plat Book 3, Page 206 of the Public Records of Miami -Dade County, Florida Also known as: 3640 Bird Avel Folio: 01-4116-019-1130 Lot 8, Block 13 of OVERBROOK PARK, according to the plat thereof recorded at Plat Book 3, Page 206 of the Public Records of Miami -Dade County, Florida. Also known as: 2990 SW 36th Court, Miami, Florida Folio: 01-4116-019-0800 Lots 9 and 10, LESS the South 20 feet of lot 10, Block 13 of OVERBROOK PARK, according to the plat thereof and recorded at Plat Book 3, Page 206 of the Public Records of Miami -Dade County, Florida.