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HomeMy WebLinkAboutPZAB (12182) ResolutionW City of Miami City Hall f`. /� 3500 Pan American Drive PZAB Resolution Miami, FL 33133 r.r www.miamigov.com Enactment Number: PZAB-R-22-027 File ID: 12182 Final Action Date: 7/20/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 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 150 Northeast 19 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") has a current future land use designation of "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") applied 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 "Public Parks and Recreation": and WHEREAS, the Property is 6.170± acres in size; and WHEREAS, the Property is owned by the City of Miami and is located between the Omni and Edgewater neighborhoods; and WHEREAS, this FLUM amendment application, along with four other sets of Comprehensive Plan amendments and their companion rezones, is submitted in conjunction with the Miami Freedom Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendment to comply with MCNP Policy PR-2.1.1, the City of Miami's ("City") no -net -loss policy for public park land, since the Miami Freedom Park SAP would convert approximately twenty three (23) acres of public park land to another use; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the provisions of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and City of Miami Page 1 of 3 File ID: 12182 (Revision:) Printed On: 7/28/2022 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 OF 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. 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 6.170± acres of real property generally located at 150 Northeast 19 Street, Miami, Florida, as more particularly described in "Exhibit A", attached and incorporated, from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation". Section 3. It is found that this amendment to the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) 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; (c) 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; (d) Density will be "Public Parks and Recreation", 0 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 (e) 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. City of Miami Page 2 of 3 File ID: 12182 (Revision:) Printed On: 7/28/2022 Reviewed and Approved: W- Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 12182 (Revision:) Printed On: 7/28/2022 LEGAL DESCRIPTION TO ACCOMPANY SKETCH LEGAL DESCRIPTION: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST ONE QUARTER (114) OF SECTION 56, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN SOUTHWARDLY ALONG THE EASTERLY BOUNDARY OF SAID NORTHEAST ONE QUARTER (114) OF SECTION 36 FOR A DISTANCE OF 382.13 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF A LINE 50.00 FEET SOUTHERLY OF, AND PARALLEL WITH, THE SOUTHERLY BOUNDARY OF BLOCK 2, SAN JOSE, AS RECORDED IN PLAT BOOK 3, AT PAGE 758, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE RIGHT 89°02'40" RUN WESTWARDLY ALONG A LINE 50.00 FEET SOUTHERLY OF, AND PARALLEL WITH, THE SOUTHERLY BOUNDARY OF SAID BLOCK 2, SAN JOSE, AND ITS EASTERLY PROLONGATION THEREOF FOR A DISTANCE OF 35.97 FEET TO A POINT; THENCE CONTINUE WESTWARDLY ALONG THE LAST DESCRIBED COURSE, THE SAME BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF N.E. 19th STREET, FOR A DISTANCE OF 255.53 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE DEFLECTING TO THE LEFT 89°02 20" RUN SOUTHWARDLY FOR A DISTANCE OF 282.27 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY OF THE SOUTH 112 OF THE NORTH 112 OF THE NORTHEAST 114 0 THE NORTHEAST 114 OF SAID SECTION 36; THENCE DEFLECTING TO THE LEFT 90°53 39" RUN WESTWARDLY ALONG THE SOUTHERLY BOUNDARY OF THE SOUTH 112 OF THE NORTH 112 OF THE NORTHEAST 114 OF THE NORTHEAST 114 OF SAID SECTION 36 FOR A DISTANCE OF 874.95 FEET, THE NEXT TWO DESCRIBED COURSES BEING ALONG THE EASTERLY BOUNDARY LINES OF TRACT A ', FIRE STATION SITE-19721 AS RECORDED IN PLAT BOOK 93, AT PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 90°40'49" RUN NORTHWARDLY FOR A DISTANCE OF 175.97 FEET TO A POINT, THENCE DEFLECTING 42°27'30" TO THE RIGHT, RUN NORTHEASTWARDLY FOR A DISTANCE OF 144.39 FEET TO A POINT OF INTERSECTION WITH A LINE 50.00 FEET SOUTHERLY OF, AND PARALLEL WITH, THE SOUTHERLY BOUNDARY OF SAID BLOCK 2, SAN JOSE, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF N.E. 19th STREET- THENCE RUN EASTWARDLY ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 778.51 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT UNDEDICATED STRIP OF LAND, BEING 35.0 FEET WIDE, LYING NORTHERLY, ADJACENT AND CONTIGUOUS THERETO. CONTAINING 268,765 SQUARE FEET, MORE OR LESS, BEING 6.170 ACRES MORE OR LESS, ALL LYING AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. NOTES. 1) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2) THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. REV EN✓ O THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S. ..•''CE•�-,1 OF 3 SHEETS & 4 REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE Nmv*- IRAM� 3025 -- PHONE No.(954)435-7010 FAX No. (954)438-3288- ORDER NO. 215092 PREPAR UND R MCY� V15JON: STATEOF DATE: MAY 16, 2022 � e0 a Johnson THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON,' ��I�XtL•..,,,,,..��'� CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND 'St I fY No. 47 K:A365341\NE 19 STREET PARCEL\SKETCH AND LEGAL\R44CEL FOR ZONIVG 65-16-2022.DWG nunuiiinmm�n��o SKETCH TO ACCOMPANY LEGAL DESCRIPTION 0 z SCALE 1 "=150' 1 1 BLOCK 2I SA� J04 PG. 758) 1V. 1 LIJ/ J', 1 778.51 w AREA: 268,76 SO. FT. 6.170E Acres / 9 / 874.93' (TOTAL) I CITY OF MIAM/ CEMETERY ,-P. D. C. N.E. CORNER, N. E. 114, SECTION 36-53S-41E \l Z � LOT 5 LOT 2 "' Q o� LOT 4 LOT 3 P.O.B. 9 2 40 255.53' P �fj �tiPGR�Si � cv ,, 0�6yg Ts N� rS OUTHERLY BOUNDARY, 112, N 112, E 114, NE 114,EC.36-53S-41E0.04' TO BBL 9os��9 a LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE CL DENOTES CENTERLINE DENOTES SUBJECT PARCEL TAN DENOTES TANGENT DISTANCE A DENOTES CENTRAL ANGLE R DENOTES RADIUS L DENOTES ARC DISTANCE (C) DENOTES CALCULATED DISTANCE (R) DENOTES RECORD OR PLATTED DISTANCE °°`�`�`��'C EVEN ✓�"���%,,,°, THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S��4 ..•''CE"''•�-,2 OF 3 SHEETS REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE NMV*- IRAM� 3025 ORDER NOPHONE . 215092No.(954)435-7010 FPREPAR (9UND4R8M(Y 2 8 V15JON: STATEOF �\ DATE: MAY 16, 2022 e0 THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON,' •+I�XtL•.,,,,,,,.•�'� +♦�� `°\ CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND 'S FIY) No. __4,7r K:A365341\1\E 19 STREET PARCEL\SKETCH AND LEGAL\DA'CEL FOR ZON/N6 65-16-2022.DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION 0 z SCALE 1 "=150' I P N O � � U W aj '9 Oko�� 4.93' 7 78.5 1'/�' (TOTAL) � �' h LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE CL DENOTES CENTERLINE DENOTES SUBJECT PARCEL TAN DENOTES TANGENT DISTANCE A DENOTES CENTRAL ANGLE R DENOTES RADIUS L DENOTES ARC DISTANCE (C) DENOTES CALCULATED DISTANCE (R) DENOTES RECORD OR PLATTED DISTANCE °°�������'C EVEN ✓�"���%,,,°, THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S��4 ..•''CE•�-,3 OF 3 SHEETS REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE Nmv*- IRAM� 3025 PHONE0No.(954)435-7010 FPAR (9UNDM( 4R8Y 288 ORDER N0. 215092 REP9, 5JON: STATE OF �\ DATE: MAY 16, 2022 e0 THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, ° ��I�XtL•.,,,,,,,.��'� CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND 'St I fY No. CN CN K:A365341\NE 19 STREET PARCEL\SKETCH AND LEGAL\R44CEL FOR ZONIVG 65-16-2022.DWG nunuiiinmm�n��o