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HomeMy WebLinkAboutPZAB 6-3-15 Supporting DocumentationPZAB.7 File ID: Title: Location: Applicant(s): Purpose: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 15-006721u Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL 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 OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES APPROXIMATELY LOCATED AT THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately the southern portion of Tract D of Watson Island [Commissioner Marc Sarnoff - District 2] Daniel J. Alfonso, City Manager, on behalf of City of Miami. 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will change the land use designation for the above property from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities". Finding(s): Planning & Zoning: Recommends approval. See companion File IDs: 15-00672zc, 15-006721u1, and 15-00672zc1. Planning, Zoning and Appeals Board: June 3, 2015. City of Miami Planning and Zoning Department Division of Land Development ANALYSIS FOR FUTURE LAND USE CHANGE REQUEST FILE ID: 15-006721u APPLICANT: Daniel J. Alfonso on behalf of the City of Miami LOCATION: Portion of Tract D of Watson Island ZIP: 33132 NET DISTRICT OFFICE: Downtown NET COMMISSION DISTRICT: District 2 REQUEST The proposal is for a change to the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan designation of certain property identified as Tract D of Watson Island from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities". Tract D is a real property owned by City of Miami, identified with the Folio No.: 0132310610040, and assigned with the address commonly known as 980 MacArthur Causeway. (Complete legal description is on file at the Hearing Boards Office). The subject property is an irregular tract of land of approximately 231,368 sq.ft or 5.31 acres' which is part of a bigger one identified as Tract "D" of Watson Island, as depicted in the following image: Watson Island Portion of Tract D (5.31 ± acres) Existing Proposed FLUM designation Public Parks and Recreation Major Institutional, Public Facilities, Transportation, and Utilities 1 Information contained in Survey provided Assets Management of City of Miami, attached hereto for reference. City of Miami Planning and Zoning Department Division of Land Development BACKGROUND Watson Island is an entirely man-made spoil island created of dredge material from government cut; located in Biscayne Bay, Watson Island comprises approximately 86 acres in area of which approximately 60 acres are designated "Public Parks and Recreation". Watson Island is designated "Public Parks and Recreation", except for a small northwest portion located south of the causeway, which had "Restricted Commercial" and Major Institutional, Public Facilities, Transportation, and Utilities" Future Land Use Map (FLUM) designations, where the Island Garden project has been proposed. (See graphics attached) Watson Island has been the subject of different planning instruments over time. The current planning instrument is the "Watson Island Policy Plan" (1996) which states that "...Any activities and services, described in the plan, must be comfortably accommodated within the land use map designations currently in place on Watson Island..." "All future development must be consistent with the Miami Comprehensive Neighborhood Plan under the categories of recreation and restricted commercial Designations"2 Per the Watson Island Policy Plan: "Watson Island was originally deeded to the City of Miami by the State of Florida in 1919. The island has remained largely undeveloped for seventy years, serving primarily as open recreational space and a transportation terminal for seaplanes, helicopters, and an airship (until 1980). Additionally the island serves as home to a number of activities which serve to enhance the quality of life in the region, including a public marina and service facility, two boat clubs, a public Japanese garden, recreational fields, a small heliport, and a seaplane terminal. The future of the island will see the enhancement and addition of public facilities within the areas outlined in this policy plan and consistent with the Miami Neighborhood Comprehensive Plan." The evolution of Watson Island has been consistent with the current plan in place. At this time it is necessary to rebuild the heliport and seaplane facilities deemed as pre-existing 2 Watson Island Policy Plan 1996, "Interpretation of the Plan and Policy Land", approved by City Commission on 1/25/96. Reso: 96-80 15-006721 u Page 2 of 8 City of Miami Planning and Zoning Department Division of Land Development services on the island, with vested rights under Subsection 380.06(2), F.S, and this request for a Future Land Use Map (FLUM) amendment is meant to accommodate them within the appropriate FLUM designation. In 1997 an Interlocal Agreement was reached between the City of Miami and the Miami Sports and Exhibition Authority, leasing to the Authority the subject portion of land in Watson Island, for the purpose of establishing a seaplane and helicopter facility. In 2002 the City and the Authority issued a Request for Proposal for operators for the Watson Island Aviation and Visitors Center, also known as the Watson Island Air Transportation Facility. Following the RFP process Linden Airport Services Corporation was selected as a tenant. In 2005, pursuant to Resolution No. 05-458, the City Commission authorized a Joint Participation Agreement (JPA) No.2 between the City and FDOT in the amount of one million dollars ($ 1,000,000) for the development of the heliport and the seaplane base. In 2007 the City Manager was authorized to allocate the matching funds in the amount of one million dollars ($ 1,000,000) for the previously approved JPA No.2. In 2010 the City obtained approval of the Airport Layout Plan and Narrative Report of the Watson Island Air Transportation Facility from the Florida Department of Transportation (FDOT), subject to certain conditions which the tenant must comply. Table 1 show the FLUM amendments and rezoning that have taken place on Watson Island over time to make feasible the activities as planned, and as the same time make them comply with the applicable Miami Comprehensive Neighborhood Plan (MCNP) and the zoning code. 15-006721 u Page 3 of 8 City of Miami Planning and Zoning Department Division of Land Development Table 1: FLUM amendments and rezoning on Watson Island Description (±acreage) FLUM amendment Zoning Change From ToEnact met Date From To Enact met Date Tract B (.78 acres) Recreation Rest. Comm. 12532 5/6/04 PR C1 12533 5/6/04 Tract C (.79 acres) Rest. Comm. Recreation 12534 5/6/04 C1 PR 12535 5/6/04 Tract G (.16 acres) Recreation Rest. Comm. 12656 722/04 PR C1 12566 7/22/04 Tract H (.16 acre) Rest. Comm. Recreation 12567 722/04 C1 PR 12568 722/04 Tract B (1.49 acre) Recreation MI-PF-T-U 13114 10/22/09 PR CI 13114 10/22/09 Table 1 Notes: FLUM classification Rest. Comm.: Restricted Commercial MI-PF-T-U: Major Institutional, Public Facilities, Transportation and Utilities Zoning designation: Z.O. 11000: PR: Parks and Recreations C-1: Restricted Commercial Miami 21 Code CI: Civic Institutional FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) established future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." "Public Parks and Recreation: The primary intent of this land use classification is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints and impervious parking area surfaces in parks of one (1) acre of more may cover no more than 25% of the park land area (See 15-006721 u Page 4 of 8 City of Miami Planning and Zoning Department Division of Land Development related Policy PR-2.1.3.). Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small concession stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and marina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is determined that conducting such commercial photography will not endanger significant environmental features within the area. [Added 3/23/99 by Ordinance 11782.]"3 Major Institutional, Public Facilities, Transportation and Utilities: Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property."4 ANALYSIS The MCNP 2020 Future Land Use Map designation of "Major Institutional, Public Facilities, Transportation and Utilities" category allows "Civic Institutional" Transect Zone uses. These Civic Institutional uses are considered appropriate and consistent with this underlying land use. 3 Miami Comprehensive Neighborhood Plan. Goals Objectives Policies. July 2013. "Public Parks and Recreation" 4 Miami Comprehensive Neighborhood Plan. Goals Objectives Policies. July 2013. "Major Institutional, Public Facilities, Transportation, and Utilities" 15-006721 u Page 5 of 8 City of Miami Planning and Zoning Department Division of Land Development Criteria Goal LU-1 states that the City will maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. Analysis The proposed designation to the "Major Institutional, Public Facilities, Transportation and Utilities" land use is consistent with the character of the island. Aircraft uses have been historically associated with Watson Island. The proposed designation will facilitate the operation of the heliport, thereby promoting economic development and the efficient use of land. Finding Staff finds the request consistent with Goal LU-1 Criteria Goal PR-2: Preserve and enhance existing parks and recreation facilities. Objective PR-2.1: Protect existing park land. Policy PR-2.1.1: The City has a no -net -loss policy for public park land and will adopt procedures to this effect for park land in the City Zoning Ordinances, as described in the 2007 Parks and Public Spaces Master Plan. These will allow only recreation and cultural facilities to be built on park land, will limit building footprint on any such land, will require that conversion of park land for any other purposes be subject to public procedures, and replace the converted park land with land similar in park, recreation or conservation value in terms of usefulness and location. Analysis In order to comply with the restriction imposed by this policy, the city is submitting companion items (File ID #: 15-006721u1, 15-00672zc1, and 15-00672zc), which proposes the designation of certain lands laying within the City's municipal boundaries that are currently not designated on the City's future land use map. These lands are further described below, and will have a FLUM designation of Public Parks and Recreation, as well as Civic Space Zones (CS) zoning classification. With the approval of these companion items, the city not only will 15-006721 u Page 6 of 8 City of Miami Planning and Zoning Department Division of Land Development preserve the existing parks and recreation acreage inventory, but will increase this classification in approximately 3.38 ± acres. 15-00672Iu subject property: Portion of Tract "D" of Watson Island (5.31) ±acres FLUM designation From: "Public Parks and Recreation" To. `Major Institutional, Public Facilities, Transportation, and Utilities" 15-00672Iu1 subject property: North portion of Rickenbacker Cwy. + 8.69 ±acres FLUM designation From: Undesignated area To: "Public Parks and Recreation" Net increase of parks designated land For City of Miami = 3.38 ±acres Finding Staff finds the request consistent with Goal PR-2, Objective PR- 2.1, and Policy PR-2.1.1 Criteria Policy PR-3.2.10: The City shall continue to ensure that park and recreational lands open to the public are included in redevelopment projects for Watson Island and will monitor the project after construction to ensure continued public access without any requirements for the public to make purchases or any other barriers to open public use. Analysis The proposed improvement and updating of the existing seaplane base and heliport on the subject property, which has been present on Watson Island for over seven (7) decades. Finding Staff finds the request consistent with Policy PR-3.2.10 Criteria Policy PR-5.1.4: The City will continue to implement innovative management and maintenance alternatives designed to minimize operating and maintenance costs while not reducing the extent and quality of programs or adversely affecting the physical condition of park facilities. This will be done through establishment of core services according to level of benefit to the community, identifying costs and potential revenues, improving management accountability, establishing preventive maintenance and replacement programs, establishing formal policies and systems for working with groups that sponsor programs that use City facilities, and strengthening support services. Analysis The lease and terms in place for most of Watson Island are designed to implement innovative management and maintenance alternatives, designed to minimize operating and maintenance costs while not 15-006721 u Page 7 of 8 City of Miami reducing the extent and quality of programs or adversely affecting the physical condition of park facilities. Finding Staff finds the request consistent with Policy PR-5.1.4 CONCLUSION The Future Land Use Map (FLUM) amendment, as requested, is in compliance with the related Miami Comprehensive Neighborhood Plan (MCNP) policies, goals, and objectives, specifically with the city "no -net -loss" policy. The herein proposed "Major Institutional, Public Facilities, Transportation, and Utilities" matches with the "Civic Institutional" (CI) Transect Zone proposed for the subject property in the companion item (File ID No. 15-00672zc) which has been determined as the appropriate zoning classification, for the location where the heliport and seaplane base uses are going to be placed as granted with vested rights under Subsection 380.06(2), of the Florida Statutes. RECOMMENDATION Based on the aforementioned findings, the Planning and Zoning Department recommends APPROVAL of the amendment as presented. Christopher Brimo Chief of Land Development SEG 5/19/15 15-006721u Page 8 of 8 FUTURE LAND USE MAP (EXISTING) 0 150 300 III 600 Feet I ADDRESS: WATSON ISLAND 980 MacARTHURCAUSEWAY FUTURE LAND USE MAP (PROPOSED) Major Inst- Public Facilities, Transp And 0 150 300 Public Parks and Recreation Major Inst, Public Facilities, Transp And Utilities 600 Feet I ADDRESS: WATSON ISLAND 980 MacARTHURCAUSEWAY ,yCtvr e �� rce: Esr 1, Dig Ral Glob , Ge oEye; �� b G , swisstopo, and the GIS User Comm nilt rr3700 Jnc-�ilkl3aCd.R1 Cc!, aaC 7rrEppli7a%`agmT aKAN, 0 150 300 600 Feet I i I I ADDRESS: WATSON ISLAND 980 MacARTHURCAUSEWAY Propos, Nc15-00672, Date: 06/03/2015 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applica of Daniel J. A�fonao on behalf of the Gty of M�a m� Address: 980Mac arthurCs.,..y. Boundary Streets. North: Maearihu East. MaearihurCa y, South: West: Proposed Change: From. Pub e Parks and Reereaten To. Major In , Pub e Faeihtea, Tranap, and Utbtea Existing Deaignaton, Max mum Land Usn Intenaty Rea�dentiai 5.3100 acres @ 0 DU/acre 0 DU'a Peak Hour Person -Tr p Generate , Reaidentai 0 Other sq.R. @ FLR 0 sq.ft Peak Hour Person -Trip Generate ,Other Proposed Designation, Max mum Land Use Intensity Reaidentai 5.3100 acres@ 0 DU/acre 0 DU's Peak Hour Peraen-Trip Generate , Reaidentai 0 Oth cr sq.R. @ FLR 0 sq.ft Peak Hour Person -Trip Generaten, Other 0 Net Increment With Proposed Change: Pepu aeon 0 D e hug Units 0 Peak Hour Person -Trips 0 Pann ng D atr et Do nto n County Waate ater Conecton Zone 309 Drainage Subeatehment Basin K1 Selig Waste Conecton Ro to 114 Tranapertaten Corridor Name US 41/SRA1A RECREATION AND OPEN SPACE Population Increme , Reaidenta 0 Space Requirement, acres 0.00 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.80 Coneurreney Cheekeff OK POTABLE WATER TRANSMISSION 0 Tranam as on Requ reme , gpd 0 Excess Capacity Before Change >2°/O above demand Excess Capacity After Change 2%above demand Coneurreney Checkoff OK SANITARY SEWER TRANSMISSION Populaton Inereme ,Residents 0 Transmission Req uiremc gpa 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Perm,t Requ,red STORM SEWER CAPACITY Extliraton System Before Change On -ate Exfiltraton System After Cha nge On-sitc Concurrency Checkoff OK SOLID WASTE COLLECTION Pop anon Increme ,Residents 0 Seiid Waste Gene aten, tons/year 0 Excess Capacity Before Change 800 Excess Capacity After Change 800 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Goal LU-1 (See attachment 1) Land Use Objective LU-1.1 Land Use Policy 1.1.1 Ca pltal Improvements Goal CI-1 Capital Improvem cuts Objective CI-1.2 Capita! Imp ovements Po, y1.2.3 a -g TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generaten 0 LOS Before Change A LOS AfterChange A Concurrency Checkoff OK "Public Parks and Recreation The primary intent of this land use classification is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to 'High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses to a maximun floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated 'Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. run 1 INI n2/12/an ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-006721u Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL 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 OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES APPROXIMATELY LOCATED AT THE SOUTHERN PORTION OF TRACT "D" OF WATSON ISLAND MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately the southern portion of Tract D of Watson Island [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File IDs: 15-00672zc, 15-006721u1, and 15-00672zc1. PURPOSE: This will change the land use designation for the above property from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 3, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending *of the Future Land Use Change as set forth; and WHEREAS, the Miami Comprehensive Neighborhood Plan (MCNP) provides Policy PR-2.1.1 establishing a no net -loss policy for public park land, the companion item File ID No. 15-006721u1 adds 8.69 ± acres towards this land category, to ensure the compliance with this policy, while this item is subtracting 5.31 ± acres. WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 3 File Id: 15-006721u (Version: 1) Printed Om 5/26/2015 File Number: 15-006721u Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of 5.31 ± acres of the real property generally identified as the southern portion of Tract D of Watson Island, Miami, Florida, from " Public Parks and Recreation " to " Major Institutional, Public Facilities, Transportation, and Utilities "; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government'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; (d) 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; (e) The requested FLUM amendment allows a density up to 150 dwelling units per acre per the Miami Neighborhood Comprehensive Plan however, it also provides a provision to limit the density mirroring the least intense abutting/adjacent residential zoning district. Furthermore, there are also provisions in Miami 21 Code to limit the density to what is allow in the abutting Transect Zone which is Civic Space (CS), and does not allow residential use. The intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and (f) 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. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184, Florida Statutes; and any other person or entity requesting a copy. Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1} City of Miami Page 2 of 3 File Id: 15-006721u (Version: 1) Printed Om 5/26/2015 File Number: 15-006721u APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 15-006721u (Version: 1) Printed Om 5/26/2015 -, Exhibit "A" WEIDENER SURVEYING Y+ING AND MAPPING PA 10418 , W. 31vt, TERRACE Miami, Florida 33172 - (3CI) €599-6361 LEGAL DESCRIPTION FOR MSEA #2 PORTIONS OF TRACT D, WATSON ISLAND --SOUTHWEST, AS RECORDED IN PLAT BOOR 166 AT PAGE 11 OF THE PUBLIC RECORDS OF MIAMI--DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT D; THENCE S 17' 12'2.1 "E ALONG THE WESTERLY LINE OF SAID TRACT D FOR 236,50 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER DESCRIBED, THENCE N66'57'22"E FOR 150.74; THENCE S35'49'29" E FOR 97.75 FEET; THENCE N47"07'29"E FOR 78,18 FEET; THENCE S42'52'31 "E FOR 114.31 FEET; THENCE S44'28'41'E FOR 165.00 FEET, THENCE 352' 14'0.6"E FOR 90.00 FEET, THENCE S64'58'36"E FOR 232.65 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY 13,59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31'08' 17" TO THE POINT OF REVERSE CURVATURE. WITH A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 240.00 FEET; THENCE SOUTHEASTERLY 223,76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53'25'05"; THENCE S25'01'24"W FOR 198,84 FEET; THENCE N64'58'336"W ALONG THE SOUTHWESTERLY LINE OF SAID TRACT D FOR 720,9.4 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 300.00 FEET; THENCE ALONG THE WESTERLY LINE OF SAID TRACT Ia NORTHWESTERLY 280,13 FEET THROUGH A CENTRAL ANGLE OF 47'48' 15"; THENCE N 17' 12'21 "W ALONG THE WESTERLY LINE OF SAID TRACT D FOR 131,00 FEET TO THE POINT DE BEGINNING. SAID LANDS BEING SITUATED ON WATSON ISLAND, CITY OF MIAMI, MIAMI LDADE COUNTY, FLORIDA. CONTAINING 5,31 ACRES MORE OR LESS (231,368 SQUARE FEET). THIS IS NOT A SURVEY. Not VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER, GATE PREPARED:.APRIL 27, 2007, PREPARED FOR THE CITY OF MIAMI, Weidener Svirvsg 4' Mapping, P.A. J ioriciaw Certification No. xil 4207 Samuel M. FTechteln PLS Na.3587 SHEET 1 OF LEGAL DESCRIPTION MSEA #2 WATSON IIeAND CITY OF MIAMI MIAMI—DADE COUNTY. FLORIDA #181314 DATE: 4/27/o7 Nor TO SCALE re•—wr-41 • ,to P.0400 NW CORNER OF TRACT OF WATSON ISLAND sourigwesT AS PER PLAT — BOOR 166, PAR 11 OF MIAMI—DADE COUNTY PUBLIC RECORDS, • P.0 D. wsr.„ MSEA 1,..4250.13"00. *--Re400,00' ,90 Am4746"15" -0 0 4 s WELbENER SURVEYING AND MAPPING PA Miami, Florida 33172 (305) 599-0381 10418 INL W. 31st TERRACE WATSON IS TRACT "A" iVISEA #2 5.31 AC,± 231,3E18 SO.F.i GRAPHIC SCALE 2oo1 0 200' 400' li=o25,00' do3101317" OtS,c, ( IN FEET ) 1 Irish 200' ft. TCH TO ACCOMPANY LEGAL DE4CRIPTI0N A ,:11,11HANOLE MEND: t CENTERLINLE L LICENSED OUSINESS \ NO. NUMBER .POINT Or SEOINNINO \ P.O.C, POINT' Or COMMENOEMENT PLS PROFESSIONAL LAND SURVEYOR \ RADIUS \WSM WEIDENER SuRVEY(NO AND MAPPING HEET 2 OF 2