HomeMy WebLinkAboutPZAB (15807) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-042
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 15807 Date Rendered: 6/25/2024
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 FOR TWO (2) PORTIONS OF LAND FROM "PUBLIC PARKS AND
RECREATION" TO "RESTRICTED COMMERCIAL," AND FROM "RESTRICTED
COMMERCIAL" TO "PUBLIC PARKS AND RECREATION RESPECTIVELY," OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 1822 NORTHWEST 37
AVENUE, 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 1822 Northwest 37 Avenue, Miami, Florida
("Property") features bi-furcated Future Land Use designations with the majority "Public Parks
and Recreation" and the minority "Restricted Commercial"; and
WHEREAS, the Property is located within the Miami Freedom Park Special Area Plan
("SAP"); and
WHEREAS, Arthur Noriega, V, the City Manager acting on behalf of the City of Miami
("Applicant") submitted a request 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 two (2) portions of the Property — one portion from "Public Parks and
Recreation" to "Restricted Commercial," and another portion from "Restricted Commercial" to
Public Parks and Recreation," respectively, as described in the attached and incorporated
Exhibit "A"; and
WHEREAS, the Property site is one (1) parcel totaling approximately 4,639,140 square
feet (106.5 acres) of land, and the two (2) affected portions are each 92,815 square feet
(2.131 acres), for a total of 185,630 square feet (4.262 acres); and
and
WHEREAS, the Property is the former site of the Melreese County Club and golf course;
WHEREAS, the Property is located in a portion of the Allapattah neighborhood; and
WHEREAS, the most recent concurrency analyses for the Property were conducted in
the 2022 FLUM amendment (PZ-20-6123), and as there is no net change of density or intensity
proposed within the Property under this Comprehensive Plan Amendment, there is no need for
Date Rendered: 6/25/2024
City of Miami Page 1 of 3 File ID: 15807 (Revision:) Printed On: 6/25/2024
further concurrency analysis; and
WHEREAS, the Applicant seeks to convert approximately 2.131 acres of City -owned
park land, and under the MCNP, Parks, Recreation and Open Space Policy PR-2.1.1, the no -
net -loss requirements shall be met; and
WHEREAS, within this application, the Applicant is also requesting to amend 2.131
acres, elsewhere on the Property site, to park land, ensuring that Policy PR-2.1.1 is upheld; and
WHEREAS, Future Land Use Policy LU-1.6.5 of the MCNP encourages the City to use
special district designations as a land development regulation instrument for the purpose of
accomplishing specific development objectives in particular areas of the City; and
WHEREAS, due to a change in the architectural vision and master planning for the
Property site's development, this Comprehensive Plan Amendment was requested; and
WHEREAS, this request is intended to execute the vision of the Miami Freedom Park
SAP, as it relates to the building site of the new City administration building; and
WHEREAS, the proposed change is merely shifting the building site northward and does
not disrupt the overall vision of the Property and the SAP; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the MCNP, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"), and all 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
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. 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 two (2) portions of the Property, each 2.131 acres, for a total of 4.262± acres of
real property at 1822 Northwest 37 Avenue Miami, Florida — one portion from "Public Parks and
Recreation" to "Restricted Commercial," and another portion from "Restricted Commercial" to
Public Parks and Recreation," respectively, 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:
City of Miami Page 2 of 3 File ID: 15807 (Revision:) Printed On: 6/25/2024
(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
and "Public Parks and Recreation," zero dwelling units per acre, pursuant to the Miami
Comprehensive Neighborhood Plan, and the Intensity will be as established in the Miami 21
Code; 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.
Reviewed and Approved:
David Snow
City of Miami Page 3 of 3 File ID: 15807 (Revision:) Printed On: 6/25/2024
EXHIBIT "A"
LEGAL DESCRIPTION OF NORTHERN PORTION AND SOUTHERN PORTION
Northern Portion — "Portion A"
From:
Future Land Use Map:
Zoning Atlas:
To:
Future Land Use Map:
Zoning Atlas:
"Public Parks and Recreation"
"CS," Civic Space Zone
"Restricted Commercial"
"T6-8-O," Urban Core Transect Zone — Open
A PORTION OF UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -QUARTER (1/4) OF
SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY FLORIDA, SAID LANDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION
32, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88°08'18" EAST FORA DISTANCE OF
649.34 FEET TO A POINT; THENCE RUN NORTH 00°53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A
POINT; THENCE RUN ALONG A LINE 45.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT
RIGHT ANGLES TO, SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32,
NORTH 88°08'18" EAST FOR A DISTANCE OF 1236.71 FEET TO A POINT; THENCE RUN NORTH
01°52'57" WEST FOR A DISTANCE OF 213.00 FEET TO A POINT; THENCE RUN NORTH 88°08'18" EAST
FOR A DISTANCE OF 80.00 FEET TO A POINT; THENCE RUN NORTH 01°52'57' WEST FOR A DISTANCE
OF 1064.41 FEET TO A POINT; THENCE RUN ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 32, NORTH 87°
46'27" EAST FOR A DISTANCE OF 700.00 FEET TO A POINT; THENCE RUN ALONG THE WEST RIGHT-
OF-WAY LINE OF N.W. 37TH AVENUE (DOUGLAS ROAD) NORTH 01°52'57" WEST FOR A DISTANCE OF
535.07 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE WEST; THENCE
CONTINUES ALONG THE LAST DESCRIBED COURSE, ALONG THE ARC OF SAID CURVE TO THE LEFT
HAVING A RADIUS OF 2864.79 FEET, A CENTRAL ANGLE OF 01 °14'40". A CHORD DISTANCE OF 62.22
FEET AND A CHORD BEARING OF NO2°30'17" WEST, FOR AN ARC DISTANCE OF 62.22 FEET TO A
POINT; THENCE RUN RADIAL TO THE LAST DESCRIBED CURVE SOUTH 86°52'23" WEST FOR A
DISTANCE OF 125.70 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL
OF LAND; THENCE RUN SOUTH 88°07'03" WEST FOR A DISTANCE OF 237.58 FEET TO A POINT;
THENCE RUN NORTH 01°52'57' WEST FOR A DISTANCE OF 390.67 FEET TO A POINT; THENCE RUN
NORTH 88°07'03" EAST FOR A DISTANCE OF 237.58 FEET TO A POINT; THENCE RUN SOUTH 01°52'57"
EAST FOR A DISTANCE OF 390.67 FEET TO THE POINT OF BEGINNING.
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Southern Portion - "Portion B"
From:
Future Land Use Map: "Restricted Commercial"
Zoning Atlas: "T6-8-O," Urban Core Transect Zone - Open
To:
Future Land Use Map: "Public Parks and Recreation"
Zoning Atlas: "CS," Civic Space Zone
A PORTION OF UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -QUARTER (1/4) OF
SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY. FLORIDA, SAID LANDS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION
32, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88°08'18" EAST FOR A DISTANCE OF
649.34 FEET TO A POINT; THENCE RUN NORTH 00°53'17" WEST FOR A DISTANCE OF 45.01 FEET TO A
POINT; THENCE RUN ALONG A LINE 45.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT
RIGHT ANGLES TO, SAID SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32,
NORTH 88°08'18" EAST FOR A DISTANCE OF 1236.71 FEET TO A POINT; THENCE RUN NORTH
01°52'57" WEST FOR A DISTANCE OF 213.00 FEET TO A POINT; THENCE RUN NORTH 88°08'18" EAST
FOR A DISTANCE OF 80.00 FEET TO A POINT; THENCE RUN NORTH 01°52'57' WEST FOR A DISTANCE
OF 1064.41 FEET TO A POINT; THENCE RUN ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL TO
THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 32, NORTH 87°
46'27" EAST FOR A DISTANCE OF 600.18 FEET TO A POINT; THENCE RUN NORTH 02'13'33" WEST FOR
A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING THE FOLLOWING DESCRIBED PARCEL OF
LAND; THENCE SOUTH 88°07'03" WEST FOR A DISTANCE FOR 237.58; THENCE NORTH 01°52'57"
WEST FOR A DISTANCE OF 390.67 FEET TO A POINT; THENCE NORTH 88°07'03" EAST FOR A
DISTANCE OF 237.58 FEET TO A POINT; THENCE ALONG A LINE 135.00 FEET WESTERLY OF AND
PARALLEL TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, SOUTH 01°52'57" EAST
FOR A DISTANCE OF 390.67 FEET TO THE POINT OF BEGINNING.
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