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Home My WebLink AboutPZAB (12189) ResolutionV,City of Miami city Hall 3500 Pan American Drive PZAB Resolution Miami, FL 33133 r.r www.miamigov.com Enactment Number: PZAB-R-22-034 File ID: 12189 Final Action Date: 7/20/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "Cl", CIVIC INSTITUTION ZONE, TO "CS", CIVIC SPACE ZONE, OF REAL PROPERTY GENERALLY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 3851 Rickenbacker Causeway, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") is zoned "Cl", Civic Institution Zone; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") submitted a request to change the zoning classification of the Property from "Cl", Civic Institution Zone, to "CS", Civic Space; and WHEREAS, the Applicant submitted this request to comply with Parks, Recreation, and Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan ("MCNP"), the City's no -net -loss policy for public park land, in conjunction with the Miami Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and WHEREAS, the Property is one (1) parcel totaling approximately 342,343 square feet (7.859 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment application for the Property (PZ-22-14678) to amend the FLUM designation; and WHEREAS, the Property is currently undeveloped and is bordered by municipal and conservation uses; and WHEREAS, the Property is located on Virginia Key and is not adjacent to any publicly accessible right-of-way and is generally bounded by a Miami -Dade County wastewater treatment facility to the east and City -owned conservation land to the north, west, and south; and City of Miami Page 1 of 3 File ID: 12189 (Revision:) Printed On: 7/28/2022 WHEREAS, the Property was zoned "G/1", Government and Institutional, under Ordinance No. 11000, the previous Zoning Code of the City, which was similar in intent to the "Cl", Civic Institution Zone; and WHEREAS, the proposed "CS", Civic Space Zone, would result in a decrease in allowed development intensity; and WHEREAS, the application is consistent with Section 7.1.2.8(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") as the request is for a rezone to a lower Transect Zone; and WHEREAS, the request to rezone the Property is consistent with Miami 21 and the Miami Comprehensive Neighborhood Plan ("MCNP"), including Objective PR-1.1 intent of providing a park within a 10-minute walk of every resident, compliance with the rezoning criteria found in Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the proposed zoning change is consistent with Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "Cl", Civic Institution Zone, to "CS" Civic Space Zone; and WHEREAS, Planning, Zoning and Appeals Board ("PZAB") has given full consideration to the Planning Department recommendation; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, PZAB has requested that the City's Parks and Recreation Department report to PZAB during its meetings every January and July of every year until the park is completed to provide a status of the park improvements and a timeframe as to when the park will be usable as a park by the public; 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 if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board ("PZAB") recommends that the City Commission approve the request to amend the Zoning Atlas of Ordinance No. 13114 ("Miami 21 Code"), as amended, by changing the zoning classification from "Cl", Civic Institution Zone, to "CS", Civic Space Zone, for property generally located at 3851 Rickenbacker City of Miami Page 2 of 3 File ID: 12189 (Revision:) Printed On: 712812022 Causeway, Miami, Florida, as more particularly described in "Exhibit A", attached and incorporated. Section 3. 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 4. This Resolution shall become effective upon adoption. Reviewed and Approved: 4,,o Ll_, - ,-Q L 4 Lak sha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 12189 (Revision:) Printed On: 712812022 SKETCH TO ACCOMPANY LEGAL DESCRIPTION SUBJECT PARCEL C� NIS, s� VIRGINIA KEY ARTHUK LA_N/lB ------------------------ 0 O z NOT -TO SACLE uu�iiui/ Ci EU EN�oy°� THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 1 OF .3 SHEETS �i� � REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE m*-blRAMA4� - PL' 73025•': PHONE No.(954)435-7010 FAX No. (954)438-326839 ORDER N0. 213173 PREPAR%%// UND R MLY�VlSJON STATE OF r/UGC c/ FEBRUARY 4, 2021 t�?a ks n ter._ DATE: THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON,' 1L•......... CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND FY No. K,\765442\V1RGlNlA KEY SWAP PARCELS\SURVEY�DWG\WORKING DRAWING.DWG ��iunnnininnnn"o SKETCH TO ACCOMPANY LEGAL DESCRIPTION P.O.C. N89°3546E 7.54'-\ N.W. CORNER, SECTION NORTH LINE SECTION 16-54S42E� P,0,8, 16-54S-42E N89°3546"E 1242.46' N45°02'11 "E 17.05' N45°02'O8'E 68.36' N54 29'53E 8317' N60°17'28'E*77�9� N66°50'14'E N68°14'04"E 52N63°28'14'E 43.2N45°02'10"E 41.02 N40°50'43'E 38.27' S88°03'47V 412.79' LEGEND: DENOTES SUBJECT PARCEL P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE 44 PHONE No.(954)435-7010 FAX No. (954)438-32680 ORDER NO. 213173 PREPARED UND R MY $ j� DATE: FEBRUARY 4, 2021 r/U/G/ THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, K@ CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LANE O z SCALE 1"=200' g� E ENO C�E/V 1611A4�'* rA025•' ,,,,.STATE OF OF 3 SHEETS REVISIONS K,\I65442\VIRGINIA KEY SWAP PARCELS\SURVEY�DWG\WORKING DRAWING.DWG LEGAL DESCRIPTION TO ACCOMPANY SKETCH LEGAL DESCRIPTION: A PARCEL OF LAND IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION 16 FOR A DISTANCE OF 1242.46 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; BEGIN AT A POINT; THENCE RUN NORTH 89' 35' 46" EAST FOR A DISTANCE OF 7.54 FEET TO A POINT; THENCE RUN SOUTH 00' 24' 14" EAST FOR A DISTANCE OF 959.83 FEET TO A POINT; THENCE RUN SOUTH 88' 03' 47" WEST FOR A DISTANCE OF 412.79 FEET TO A POINT, • THENCE RUN NORTH 00' 31 ' 14" WEST FOR A DISTANCE OF 700.94 FEET TO A POINT; THENCE RUN NORTH 40' 50' 4J" EAST FOR A DISTANCE OF 38.27 FEET TO A POINT; THENCE RUN NORTH 45' 02' 10" EAST FOR A DISTANCE OF 41.02 FEET TO A POINT; THENCE RUN NORTH 63' 28' 14" EAST FOR A DISTANCE OF 43.24 FEET TO A POINT; THENCE RUN NORTH 68' 14' 04" EAST FOR A DISTANCE OF 52.06 FEET TO A POINT; THENCE RUN NORTH 66' 50' 14" EAST FOR A DISTANCE OF 7363 FEET TO A POINT; THENCE RUN NORTH 60' 17' 28" EAST FOR A DISTANCE OF 77.94 FEET TO A POINT; THENCE RUN NORTH 54' 29' 5J" EAST FOR A DISTANCE OF 83.17 FEET TO A POINT; THENCE RUN NORTH 45' 02' 08" EAST FOR A DISTANCE OF 68.36 FEET TO A POINT; THENCE RUN NORTH 45' 02' 11 " EAST FOR A DISTANCE OF 17.05 FEET TO A POINT; TO THE POINT OF BEGINNING; CONTAINING J42, J43 SQUARE FEET MORE OR LESS OR 7.859 ACRES MORE OR LESS ALL LYING AND BEING IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 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 S� EU EN✓p THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. '4 G E--'''•�� 3 OF 3 SHEETS . `' , REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE 4*-kIRAMA ,' PL rAO25- PHONE No.(954)435-7010 FAX No. (954)438-32Q ORDER N0. 213173 PREPARED UND R MY $ P VI JON: STATE OF FEBRUARY 4, 2021 r/U/G/ DATE: .� THIS IS NOT A " RY SURVEY" MARK CERTIFICATE OF AUTHORIZATION ION No. 87 FLORIDA PROEFESSIONAL LAND SU FIYpR •_No �_4,7r K,\I65442\VIRGINIA KEY SWAP PARCELS\SURVEY\DWG\WORKING DRAWING.DWG