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Home My WebLink About(1149) - PZAB ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-17-061 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 1149 Final Action Date: 11/15/2017 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 ("MCNP") PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 62,593 SQUARE FEET OR 1.44 ACRES FROM "LOW DENSITY MULTIFAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" FOR THE REAL PROPERTIES APPROXIMATELY LOCATED AT 5265 NORTH MIAMI AVENUE, 10 NORTHEAST 53 STREET, 20 NORTHEAST 53 STREET, 32 NORTHEAST 53 STREET, 42 NORTHEAST 53 STREET, 58 NORTHEAST 53 TERRACE, 57 NORTHEAST 52 TERRACE, 43 NORTHEAST 52 TERRACE, 35 NORTHEAST 53 TERRACE, 25 NORTHEAST 52 TERRACE, 17 NORTHEAST 52 TERRACE, AND 11 NORTHEAST 52 TERRACE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant has submitted a request to amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan ("MCNP") by changing the future land use designation of approximately 62,593 square feet from "Low Density Multifamily Residential" to "Major Institutional, Public Facilities, Transportation and Utilities" for the real properties approximately located at 5265 North Miami Avenue, 10 Northeast 53 Street, 20 Northeast 53 Street, 32 Northeast 53 Street, 42 Northeast 53 Street, 58 Northeast 53 Terrace, 57 Northeast 52 Terrace, 42 Northeast 52 Terrace, 35 Northeast 53 Terrace, 25 Northeast 52 Terrace, 17 Northeast 52 Terrace, and 11 Northeast 52 Terrace, as more particularly described in Exhibit "A", attached and incorporated ("Properties"); and WHEREAS, the Properties are 1.44 ± acres in size and would facilitate the Miami Jewish Health System Special Area Plan to create a master planned medical campus within the Little Haiti neighborhood; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") has considered the recommendations of the Planning Director; and WHEREAS, PZAB has considered the goals, objectives, and policies of the MCNP; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21"); and all other City of Miami ("City") regulations; and City of Miami Page 1 of 3 File ID: 1149 (Revision: B) Printed On: 10/19/2017 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 the amendment to Ordinance No. 10544, as amended, 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 if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the MCNP pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, should be amended by changing the Future Land Use designation of 1.44 acres of the Properties from "Low Density Multi -Family Residential" to "Major Institutional, Public Facilities, Transportation and Utilities", as more particularly described in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (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 City 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, 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; (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) Density will be "Major Institutional, Public Facilities, Transportation and Utilities", 150 dwelling units per acre or density of the lowest abutting Transect Zone, pursuant to the MCNP and intensity will be as established in Article 4 of Miami 21; 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. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 1149 (Revision: B) Printed On: 10/19/2017 J6( Fra Isco Garcia, Director Dep ent of Planning 1b)19 Execution Dat STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority,l]1,g°' ZccMOF Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges That s/he executed'Ehe foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS larnAY OF Us✓, 2011 t lv t ct or c 1VL Print Notary Name Personally know V or Produced I.D. Type and number of l.D. produced Did take an oath or Did not take an oath ublic State of Florida My Commission Expires: ti .'•••,,. SILVJAGONZALEZ 5 • MYCOMMISSION#GG051561 EXPIRES: November 30, 2020 B$ eii d''', Bonded Thru Notary Publle Underwriters um= City of Miami Page 3 of 3 File ID: 1149 (Revision: B) Printed On: 10/19/2017 EXHIBIT "A" LEGAL DESCRIPTION TO THE COMPREHENSIVE PLAN AMENDMENT PARCEL III: LOTS 5 THRU 16 INCLUSIVE, BLOCK 1, ORCHARD VILLA TRACT THIRD SECTION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; LESS THE FOLLOWING DESCRIBED PORTIONS: THE WEST 10 FEET OF LOTS 10 AND 11; THE NORTH 5 FEET OF LOTS 5, 6, 7, 8 AND 9, AND THE SOUTH 5 FEET OF LOTS 12, 13, 14, 15 AND 16; A PORTION OF LOT 11, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 11 FOR 5 FEET; THENCE WESTERLY ALONG A LINE 5 FEET PARALLEL TO THE SOUTH LINE OF SAID LOT 11 FOR 40.18 FEET TO A P01 NT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 25.00 FEETA DISTANCE OF 39.09 FEET TO A POINT OF TANGENCY; THENCE SOUTH ALONG THE TANGENT OF SAID CURVE AND THE EAST RIGHT OF WAY LINE OF NORTH MIAMI AVENUE AS IT NOW EXIST FOR 5.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 25.00 FEET A DISTANCE OF 39,09 FEET TO A POINT OF TANGENCY; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 11 A DISTANCE OF 40.18 FEET TO THE POINT OF BEGINNING; AND LESS A PORTION OF LOT 10, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF NORTH MIAMI AVENUE AND N.E. 53RD STREET (AS THEY NOW EXIST); THENCE 589°57'58"E, ALONG THE CENTERLINE OF SAID N.E. 53RD STREET, FOR 50.32 FEET; THENCE S00°02'02"E, FOR 20.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID N.E. 53RD STREET AND THE POINT OF BEGINNING; THENCE S89°57'58"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF SAID N.E. 53RD STREET, FOR 49.82 FEET; THENCE S00°22'21"E, ALONG A PORTION OF THE EAST LINE OF SAID LOT 10, FOR 5.00 FEET; THENCE N89°57158"W, FOR 39.82 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 90°24'23", FOR AN ARC LENGTH OF 39.45 FEET TO A POINT OF CUSP, SAID POINT ALSO BEING A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID NORTH MIAMI AVENUE; THENCE N00°22'21"W, ALONG SAID EAST RIGHT- OF -WAY LINE OF SAID NORTH MIAMI AVENUE, FOR 25.07 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 37°16'35", FOR AN ARC LENGTH OF 16.26 FEET TO THE POINT OF BEGINNING; ALL IN SAID BLOCK 1. AND FURTHER LESS AND EXCEPT THAT PORTION OF LOT 11 IN BLOCK 1 OF ORCHARD VILLA TRACT THIRD SECTION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, AT PAGE 30, AND DESCRIBED IN FINALJUDGMENT AS TO PARCEL NO. 51 PURSUANT TO EMINENT DOMAIN PROCEEDINGS (CIRCUIT COURT CASE NO. 67-11163) RECORDED IN OFFICIAL RECORDS BOOK 5903, PAGE 684, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF SAID LOT 11 WHICH LIES WITHIN THE EXTERNAL AREA FORMED BY A 25,00 RADIUS ARC, CONCAVE TO THE NORTHEAST, TANGENT TO THE SOUTH LINE OF SAID LOT 11, AND TANGENT TO A LINE THAT IS 10.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT 11.