PLANNING, ZONING AND APPEALS BOARD FACT SHEET

Transcription

1 PZAB.1 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: lu Quasi-Judicial Title: Location: Applicant(s): A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO , AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO , FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue [Commissioner Marc Sarnoff - District 2] Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC. Purpose: This will change the land use designation for the above properties from "Duplex Residential" to "Low Density Restricted Commercial". Finding(s): Planning & Zoning: Recommended approval of the parcels located at 3875, 3865, 3851 and 3841 Day Avenue and denial of the parcels located at 3860, 3850, 3840 and 3830 Day Avenue. See companion File ID zc. Planning, Zoning and Appeals Board: Continued from September 16, 2015.

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9 SW 38TH CT SW 38TH AVE FUTURE LAND USE MAP (EXISTING) SHIPPING AVE SHIPPING AVE Light Industrial UNNAMED SAN LORENZO AVE OAK AVE RUIZ AVE S DIXIE HWY GEORGE ALLEN AVE OAK AVE RUIZ AVE City Boundary SHORT AVE S DIXIE HWY DAY AVE General Commercial Duplex - Residential PERCIVAL AVE OAK AVE Restricted Commercial Single Family - Residential Low Density Restricted Commercial Medium Density Restricted Commercial SW 37TH AVE FROW AVE FROW AVE Feet ADDRESS: 3830, 3840, 3850, 3860, 3841, 3851, 3865 & 3875 DAY AV

10 SW 38TH CT SW 38TH AVE FUTURE LAND USE MAP (PROPOSED) SHIPPING AVE SHIPPING AVE Light Industrial UNNAMED SAN LORENZO AVE OAK AVE RUIZ AVE S DIXIE HWY GEORGE ALLEN AVE RUIZ AVE Low Density Restricted Commercial City Boundary Low Density Restricted Commercial SHORT AVE S DIXIE HWY DAY AVE General Commercial Duplex - Residential PERCIVAL AVE OAK AVE Restricted Commercial Single Family - Residential Low Density Restricted Commercial Medium Density Restricted Commercial SW 37TH AVE FROW AVE FROW AVE Feet ADDRESS: 3830, 3840, 3850, 3860, 3841, 3851, 3865 & 3875 DAY AV

11 SW 38TH CT SW 38TH AVE SHIPPING AVE SHIPPING AVE UNNAMED SAN LORENZO AVE RUIZ AVE RUIZ AVE S DIXIE HWY S DIXIE HWY City Boundary DAY AVE SW 37TH AVE PERCIVAL AVE OAK AVE GEORGE ALLEN AVE SHORT AVE OAK AVE FROW AVE FROW AVE Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

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47 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL File Number: lu Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO , AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO , FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval of the parcels located at 3875, 3865, 3851 and 3841 Day Avenue and denial of the parcels located at 3860, 3850, 3840 and 3830 Day Avenue. See companion File ID zc. PURPOSE: This will change the land use designation for the above properties from "Duplex Residential" to "Low Density Restricted Commercial". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 16, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*- *), item no. *, recommending *of the Future Land Use Change as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 1 of 3 File Id: lu (Version: 1) Printed On: 9/4/2015

48 File Number: lu Section 2. Ordinance No , as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to , Florida Statutes, is further amended by changing the Future Land Use designation of 1.07± acres of real properties located at approximately 3860, 3850, 3840, 3830, 3875, 3865, 3851, 3841 Day Ave., Miami, Florida, from "Duplex Residential" to "Low Density Restricted Commercial"; as depicted in "Exhibit A", attached and incorporated. WHEREAS, the applicant has proffered a covenant stating that the south parcels of the property shall not be used, assigned, or sublet for commercial uses. Section 3. It is found that this Comprehensive Plan designation change involves a use of 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 local government 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, and objectives of the local government'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, designated by , Florida Statutes or by the Administration Commission pursuant to (1), Florida Statutes; (e) Densities will be "Low Density Restricted Commercial", or 36 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami 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, , Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to the reviewing agencies pursuant to (1)(c), Florida Statutes, and any other person or entity requesting a copy. Section 5. 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 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to (5)(c), Florida Statutes. {1} City of Miami Page 2 of 3 File Id: lu (Version: 1) Printed On: 9/4/2015

49 File Number: lu APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MÉNDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: lu (Version: 1) Printed On: 9/4/2015

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