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HomeMy WebLinkAboutPZAB (14658) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-098 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 14658 Date Rendered: 1/12/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENTS, 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 "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 20 AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 20 and 25 Southeast 10 Street Miami, Florida (the "Property") has a current future land use designation of "Public Parks and Recreation"; and WHEREAS, the City of Miami (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"; and and WHEREAS, the site is 0.277 ± acres in size and is composed of two (2) parcels; WHEREAS, the property was granted to the City of Miami in 1974; and WHEREAS, the City Commission via the adoption of Resolution No. 23-0229 on May 11, 2023 (the "Resolution"), directed the City Manager to: (i) facilitate a Future Land Use Map (FLUM) amendment and rezoning to restore the FLUM and zoning designations of the parcels identified via Folio Nos. 01-0207-020-1070 (the "Northern Parcel") and 01-0207-030-1011 (the "Southern Parcel"), as the same are legally described in Exhibit "A," to Restricted Commercial and "T6-48b-O, Urban Core Transect Zone - Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, Ordinance No. 10544; the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), Ordinance No. 13114; and all other City regulations; and Date Rendered: 1/12/2024 City of Miami Page 1 of 3 File ID: 14658 (Revision:) Printed On: 1/12/2024 WHEREAS, the 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, the 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 the proposed land use change for the property generally located at 20 and 25 Southeast 10 Street 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. The Planning, Zoning and Appeals Board recommends to the City Commission the approval of an amendment to 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 of 0.277 ± acres of real property at 20 and 25 Miami, Florida from "Public Parks and Recreation" to Restricted Commercial", as described in "Exhibit A", attached and incorporated. 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 "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 (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. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: City of Miami Page 2 of 3 File ID: 14658 (Revision:) Printed On: 1/12/2024 David Snow AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 14658 (Revision:) Printed On: 1/12/2024 EXHIBIT "A" LEGAL DESCRIPTION OF NORTHERN PARCEL AND SOUTHERN PARCEL Northern Parcel This submittal needs to be scheduled for a public hearing in accordance wM1h timelines set forth in the City of Miami Code. The applicable decision -ma Xing body will review the Information at the public hearing to render a recommendation or a final decto on. PZ-23-17016 09/29/23 A portion of Lots 7 and 8 , Block 72 South, CITY OF MIAMI, according to the plat thereof recorded in Plat Book "B at Page 41 of the Public Records of Dade County, Florida, being particularly described as: Begin at the Southeast corner of said Lot 7; then run Northeasterly along the Southeasterly boundary of said Lot 7 and 8 a distance of 103.66 feet to the most Easterly corner of said Lot 8; thence run Westerly along the North boundary of Lot 8 a distance of 103.51 feet to a point; said point being 109.56 feet East of the West boundary of said Block 72 South; thence run Southerly over and across said Lots 7 and 8 along a line parallel to the West boundary of said Block 72 South a distance of 100.09 feet to the point of intersection with the South boundary of said Lot 7; thence run Easterly along the South boundary of said Lot 7 a distance of 76.28 to the Point of Beginning, containing an area of 9,000 square feet, more or less. Also known as Folio No. 01-0207-020-1070. Southern Parcel Lot 1, Block 73, SOUTH CITY OF MIAMI, according to the plat thereof recorded in Plat Book •'B" at Page 41 of the Public Records of Dade County, Florida. LESS AND EXCEPTING THEREFROM the South 14 feet and the West 84.14 feet thereof. Containing an area of 3,000 square feet, more or less. Also known as Folio No. 01-0207-030-1011. C:\Users\rdshane\Desktop\1000 Brickell Ltd - Settlement Agreement (COA Revision) with (JEF Edits Comments) (RDS comments).docx