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HomeMy WebLinkAboutPZAB (7557) Resolution�s� u off City of Miami City Hall 'y 3500 Pan American Drive *'tld6tal ;�dlE®� PZAB Resolution Miami, FL 33133 www.miamigov.com Enactment Number: PZAB-R-20-018 File ID: 7557 Final Action Date: 7/1/2020 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENTS, RECOMMENDING APPROVAL OF AN ORDINANCE TO 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 "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 690 NORTHWEST 13 STREET, 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 690 Northwest 13 Street, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated, (the "Property") has a current future land use designation of "Light Industrial"; and WHEREAS, KTLC Biscayne, LLC (the "Applicant") applied to the City of Miami ("City") to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of the Property to "Restricted Commercial'; and WHEREAS, the Property site is 2.805 ± acres in size; and WHEREAS, the Applicant has entered into a Brownfield Site Rehabilitation Agreement to rehabilitate contamination of the Property site for future redevelopment; and WHEREAS, the Property is less than a half -mile distance from Culmer Metrorail Station; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, Ordinance No. 13114, the City of Miami Zoning Ordinance, as amended, ("Miami 21) and 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: 7557 (Revision:) Printed On: 7/7/2020 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 that the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, be amended by changing the Future Land Use designation of 2.805 ± acres of real property located at approximately 690 Northwest 13 Street, Miami, Florida, as more particularly described in Exhibit "A, attached and incorporated, from "Light Industrial" to "Restricted Commercial". Section 3. It is found that this amendment to the 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 "Restricted Commercial", 150 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood 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 Resolution is declared invalid, the remaining provisions of this Resolution should not be affected. Section 5. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 7557 (Revision:) Printed On: 71712020 rancis Garcia, Director A,�r tXepartryi of Planning STATE OF FLORIDA ) 6-75 ) Execution Pate COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, $�L Clerk of the Planning, Zoning a Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. MORN AND SUBSCRIBED BEFORE ME THIS �� DAYOF_2�J�kA 2020 Print Notary Name Nota `Public State of Florida Personally know ✓ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: sww P� ERICA K.LEE MY COMMISSION # t30188537 Ak,�,*r EXPIRES: February 21, 2022 Bonded Thru Notary Public UndooWriters City of Miami Page 3 of 3 File ID: 7557 (Revision:) Printed On: 7/7/2020 EXHIBIT A 690 NW 13 STREET, MIA I, FLORIDA 33132 Folio# 01-3136-037-0300 NOTICE TVft subMHel —d¢ to be..NedeW f., . public h—hg � n —.,d... Wfth 0— h1m et Jodi, In the City of M am1 Code. The apptleeble deelslan-midng body will th. f—ed.. at the pbk hewing t. —de, . --d.U.n ora f ddeel— PZ-1 9-4927 A 06/15/20 LEGAL DESCRIPTION: A portion of Block 6 of "SOST'S SUBDIVISION", according to Plot thereof, recorded in Plat Book "B", Page 27, of the Public Records of Miarni—Dade County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract "C" of "BOOKER T. WASHINGTON JR. HIGH", according to Plat thereof, recorded in Plat Book 129, Page 39, of the Public Records of livifami—Dade County, Florida; Thence run N.02'04'23"W, along the East Right —of —Way lire of Northwest 7th Avenue, for a distance of 497.04• feet to a point of intersection with the South Right —of —Way line of Northwest 13th Street, as shown on aforementioned plat of "BOOKER T. WASHINGTON JR. HIGH"; Thence run N,87'43'22"E., clang sold South Right —of —Way line, for a distance of 227.54- feet to a point of intersection with the Westerly Right —of —Way line of S.G.L. Rallrood Right—of—Woy, as shown on oforernQntioned plot of "BOOKER T. WASHINGTON JR, HIGH"; Thence run S,0211'38"E_ along said Westerly Right —of —Way line of S.C,L. Rullroad Right —of —Way, for a distance of 200-42 feet to a point of curvature of a circular curve, concave to the Northeast, and having for its elements a Radius of 465.89 feet and a Central Angle of 39'33' 16"; Thence run Southeasterly along the arc of said circular curve and also being the Westerly Right —of —Way line of S,C.L. Railroad Right —of —Way, for a distance of 321.63 feet to a point of 'intersection with the North line of said Tract "C", also being the Northeast corner of said Tract "C'% Thence run S.87'45'39"W., along said North line of Tract "C", for a distance of 332,62 feet to the Point of Beginning, Said described parcel of land containing 122,192 square feet., more or leis,