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HomeMy WebLinkAboutPZAB (15810) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-048 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15810 Date Rendered: 7/29/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" (WESTERN PORTION) AND "PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 8032 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 8032 Northeast 2 Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") currently has three future land use ("FLU") designations of Restricted Commercial ("RC"), Medium Density Restricted Commercial ("MDRC"), and Public Parks and Recreation ("PPR"); and WHEREAS, Rivercow, LLC ("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 for portions of the Property from Medium Density Restricted Commercial ("MDRC") and Public Parks and Recreation ("PPR)" to Restricted Commercial ("RC"); and WHEREAS, the Property site is .296± acres in size, but only 0.138± acres is subject to the proposed amendment to the FLUM from "Medium Density Restricted Commercial" and "Public Parks and Recreation" to "Restricted Commercial; and WHEREAS the Property is located along Northeast 80 Terrace and Northeast 2 Avenue and the lot is irregularly shaped suggestive of an upside-down letter "L"; and WHEREAS, the Applicant proposes to amend approximately 0.138 acres of the Property site from "Medium Density Restricted Commercial" and "Public Parks and Recreation" to "Restricted Commercial; and WHEREAS, if the amendment is approved, then the entire Property will have a FLUM of RC, which allows for more density and uses; and WHEREAS, the abutting property to the west of the Property site recently had a FLUM amendment approved, changing the FLUM from MRDC to RC; and Date Rendered: 7/29/2024 City of Miami Page 1 of 3 File ID: 15810 (Revision:) Printed On: 7/29/2024 WHEREAS, in year 2020, a map investigation was performed on the Property per a request of the then owner to see it the multiple Transects Zones and related FLUs on the Property site were a "mapping error," and the research concluded that while a scrivener's error is possible, there is not enough evidence to administratively correct without a public hearing; and WHEREAS, the research found via the City's Department of Real Estate & Asset Management's ("DREAM") Inventory of Public Property indicates that the legal description of the park south of the Property only includes the property at 8034 Northeast 2 Avenue without any mention of the lots or parcels of the subject Property; and WHEREAS, no portion of this application is rezoning the original dedicated park therefore the MCNP's no -net -loss of park space policy does not apply; and WHEREAS, it is unusual to find a FLU of PPR on a non -municipal owned site in the City; and WHEREAS, the Property consists of one parcel abutting a well -established corridor designated RC on the FLUM, and changing the FLU designation from MDRC and PPR to RC increases the density and diversify of uses along Northeast 2 Avenue, which has been identified as a Transit Corridor in Appendix TR-1 of the MCNP and is aligned with the MCNP; and \WHEREAS, the proposed amendment furthers MCNP Policy LU-1.6.9 :"[t]he City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements" in that there are no Single -Family, Duplex, or Low -Density properties to protect or buffer and the transitions are appropriate; and WHEREAS, the potential impact of having a single FLU of RC on this Property site is appropriate, as a buffer land use designation is no longer required because all abutting properties have been amended to RC; 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. It is recommended to the Miami City Commission that Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood City of Miami Page 2 of 3 File ID: 15810 (Revision:) Printed On: 7/29/2024 Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of .138± acres of real property at 8032 Northeast 2 Avenue Miami, Florida from Medium Density Restricted Commercial ("MDRC") and Public Parks and Recreation ("PPR)" to Restricted Commercial ("RC"), 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 as may be limited by the Miami 21 Code; and intensity will be as established in Article 4 of 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. Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 15810 (Revision:) Printed On: 7/29/2024 II MARIO PRATS R. & ASSOCIATES INC. SU F2\/EYO f2S — MAPP E IRS — PLANNERS 52 SW 81 st Avenue - Miami, Florida 33144 (305) 551-6000 E-mail: docs©pratssurvey.com Proudly Serving theIr Floriclo ReciI Estate Community For Over 30 Yecars Certificate of Authorization No.:4249. ,11I,� iv 4io16 b="`"9® l iisadi'1 s.E. 11 r en Property address: 8032 N.E. 2nd Avenue, Miami, FL 33138 LEGAL DESCRIPTION THAT PART OF TRACT A OF DOBBS BUSINESS CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 53 AT PAGE 73 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST EASTERLY SOUTHEASTERLY CORNER OF SAID TRACT A; THENCE NORTH ALONG THE WEST LINE OF NORTHEAST SECOND AVENUE A DISTANCE OF 60 FEET TO A POINT; THENCE WESTERLY PARALLEL WITH THE NORTH LINE OF SAID TRACT A, A DISTANCE OF 172 FEET, THENCE SOUTHERLY A DISTANCE OF 111.60 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT A; THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT A, A DISTANCE OF 50 TO A CORNER OF SAID TRACT A; THENCE NORTH ALONG THE BOUNDARY LINE OF SAID TRACT A, A DISTANCE OF 51.60 FEET TO A CORNER OF SAID TRACT A; THENCE EASTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT A, A DISTANCE OF 122 FEET TO THE POINT OF BEGINNING. Flood Information: Flood Zone: "X" I Base Flood Elevation: N/A !Community Panel No.:120650-0302 I Map Revised: September 11, 2009 For The Benefit of: Rivercow LLC SURVEYOR'S LEGEND B.M. = Bench Mark M = Field Measure P.U.E. = Publlc Utility Easement 4Y--pp X X X Chain Link Fence Fire Hydrant Calc.=Calculated N.TS. = Not to Scale S=Sectlon Hyb o ❑ 0 Wood Fence Meas. = Measured BS. L. = Building Setback Llne RGE.=Range C/L=Centerline C B S = Concrete -Block -Structure TWP = Township 0 Sewer Manhole o 0 o Iron Fence M/L= Monument Une A/C =AIr Conditioner L=Arc Llmlted Access R/W N=North U.P. = Utlllty Pole R=Radius /// /// /// /// O Light Pole S = South Gar=Garage D = Delta - - Monument Line E = East W.M. = Water Meter T = Tangent W = West E B = Electric Box Encr.=Encroachment —,t-- Center Llne G- Wood Power STY = Story Swk=Sidewalk T.O.B.= Top of Bank — — E — — Overhead Wires Pole W.F. = Wood Fence R/W =Right -of -Way E.O.W.=Edge of Water CLF.= Chain Llnk Fence Elev.=Elevation E.O.P.= Edge of Pavement Aspnon Oom0 , Handicap P.T.=Point of Tangency Pky =Parkway RW.= Right-of-way P.O.B= Point of Beginning Typ.=Typical ST.L.= Survey -He Llne P.C.= Point of Curvature P.P.= Pool Pump ST.L= Survey -He Line concrete PRC= Point of Reverse Curvature F.F,Elev.= Finish Floor U.E.=Utility Easement 0Water Meter U.E. = Utility Easement Res. = Residence C.U.E.= County Utility Easement ® Catch Basin D.M.E: Drainage and Maintenance Easement D.F.= Drainage Easement L.M.E.= Lake Malntenance Easement 111Toe 11 Ta} I.E.& U.E. = Ingress, Egress & U.E L.B.E. = Landscape Buffer Easement R.O.E.= Roof OverhangEasement ... •• P.R.M.= Permanent Reference Monument L.A.E. = Limited Access Easement P.C.P.= Permanent Control Point C.M.E: Canal Maintenance Easement0ni P.C.C. Point of Compound Curvature A.E. = Anchor Easement � v u(�71 P.O.C: Point of Commencement A.E. =Anchor Easement SURVEYOR'S NOTES ELEVATIONS NOTES: (IF REQUESTED AND SHOWN) 1. The above captioned Property was surveyed and described based on the above Legal Description furnished by Client. 2. This Gertlflootlon Is only for the lands as described, It Is not as certification of TItde, Zoning, Easements, or Freedom of Encumbrances, ABSTRACT NOT REVIEWED. 3 There may be additional Restriction not shown on tills survey that may be found In the Publlc Records of tills County. Examinaton of ABSTRACT OF TITLE volt have to be made to determine recorded Instruments, If any affecting this property. 4 Ownership subject to OPINION OF TITLE. 5 Type of SurveyBOUNDARY SURVEY. 6. Location and Identlflcaton of UtlItes and or adjacent to the property were not secured as such Information was not requested. 7. Unless otherwise noted, this Arm has not attempted to locate Footings and/or Foundations (underground). 8. Ids PLAN OF SURVEY, has been prepared for the exclusive use of the entities named hereon. The Certificate does not extend to any unnamed part. 9 If Bearings shown they are based on. Centerline of NE 2ND AVENUE being NO°00'00"E. 10. Predslon of Closure 1 7500 Suburban Class Survey. 11. Ownership of fences are not determined. 12. Architects shall verify zoning regulations, restriction, setbacks and von be responsible for submitting plot plans with correct Information for "approval for authorization" to the proper authorities In new construction. 13. Mortgage purposes only, any other use Is not valid without the written consent of the signing surveyors. 1. 0.0' Indicates existing Elevations. 2 Elevations are referred to the National Geodetic Vertical Datum. 3 BENCHMARK (Used) B.M. No. X-2-01958 Elevation. 7.65 Feet The above "BOUNDARY SURVEY", represent the herein described property and It was completed under my supervision and or direction, to the best of my knowledge and belief and It also meets the Mlnlmum Technical Standard set forth by The Florida Board of Land Surveyors and Mappers, pursuant to Secton 5J-17.051, Florida Statutes and Implementing Rules, Florida Board Administrative Code. THIS NOT A VALID CERTIFICATION WITHOUT THE SURVEYOR'S ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL PRESENT. Digitally signed by Mario Prats Jr. DN: c=US, o=Mario Prats Jr. and Associates INC., dnQualifier=A01410C00 00018820BBDA8B00026 43) R'i0Bilcn=Mario Prats Jr. 7r/>anOd'tieviav82A, 6686 e of FI6283109 -04'00' Orlglnal date. 09/05/2019 Held date. 09/13/2019 (For Ur -dates see REVISIONS) Original J.N.. 31126 He No.. 31126 V-01 REVISION J. N.. 33025 Dote 01/26/2022 J.N. 34442 Dote06/11/2024 J.N.. Date J.N.. Date J.N.. Date J.N.. Date. J.N.. Date. 0111111111114 1111111111111111, Graphic Scale 12.5 0 12.5 25 BOUNDARY S U R V E Y Scale: 1 " = 25' 50 Scale in feet Found Reber aura Link e (0 Fence n WBarb Z Q c7 oIn N ((IA �x 5U1 M Ox m 00 Q w j m a °m 0 D 60 1.15' Power Pole 42.00' vlO° 6.70' 10.00' 42.00' / 2000 Found 0bar w 0 0 0 0 0 Found. um a'sebulFence1 < Found Rebar (0' nigh Rebar ; S :x �5� 5wk. T.. !y+�: b/} .�53"r.£:5B'�DO�. Digitally signed by Mario Prats Jr. DN: c=US,o=Mario Prats Jr. and Associates INC., dnQual'Ifler=A0141 C00000188201313D A8B00026COB, ,„ cn=Mado Prats Jr. Date: 2024.06.11 Morin Prats PIP:22:32 -04'00' Profession,urveyor and Mapper No. 6686 State Of Florid° Metal Found Box Nail 2' Curb & Gutter (A Portion of Tract A ) DOBBS BUSINESS CENTER" ( P.B. 53 - PG. 73 ) 1-STORY-BUILDING Commercal Bulldog No. 8038 1-STORY-BUILDING Commercial Warehouse No.8032 EEEIev. ] 98' 130 00'/ N89°54'53"E 122.00' I MARIO PRATS JR. & ASSOCIATES, INC. NOT A PART OF THE SURVEY CITY OF MIAMI PARK gy N.E. 80TH TERRACE 35.2' Asphalt Pavement SURVEYORS - MA RRE RS - FLAN N ERS 52 SW 81st Avenue - Miami, Florida 33144 (305) 551-6000 - E-mail: docs©prat55urvey.com Certlincite of Authorization No.:4249 caW°II31 35' 70' TOTAL RAW B' W Z Courtesy Notes: -NO VISIBLE ENCROACHMENTS OR EASEMENTS VIOLATION OBSERVED SIGNATURE AND RAISED EMBOSSED SEAL PRESENT. Original date. 09/05/2019 Field date: 09/13/2019 ° EE-tEre:°° aeelslona OngeoIJ.N.. 31126 File No.: 31126 V-02 N N N REVISION 33025 34442 N N N Date 01/26/2022 Date02/11/2024 Dale Date Date Date Dale: