Loading...
HomeMy WebLinkAboutPZAB (5139) ResolutionGNrY OItr f:F City of Miami PZAB Resolution Enactment Number: PZAB-R-18-067 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 5139 Final Action Date: 12/19/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), FAILING TO MAKE A RECOMMENDATION 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 "SINGLE FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF THE PROPERTY LOCATED AT APPROXIMATELY 2201 SOUTHWEST 26 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 2201 Southwest 26 Street, Miami, Florida, more particularly described in Exhibit "A," ("Property") has a current future land use designation of "Single Family Residential"; and WHEREAS, Emilio T. Gonzalez, on behalf of the City of Miami ("Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation to "Public Parks and Recreation"; and WHEREAS, the site is 0.12 ± acres in size and located at the corner of Southwest 22 Avenue and Southwest 26 Street in a predominantly single-family residential neighborhood; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the 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's motion to approve failed, therefore, failing to make a recommendation of this Comprehensive Plan Amendment to the Future Land Use Map 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. City of Miami Page 1 of 3 File ID: 5139 (Revision:) Printed On: 12/31/2018 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 0.12 ± acres of real property at 2201 Southwest 26 Street, Miami, Florida," as described in "Exhibit A," from "Single Family Residential" to "Public Parks and Recreation," 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 "Public Parks and Recreation," Zero (0) dwelling units per acre, pursuant to the Miami Neighborhood Comprehensive 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 (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. 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. Fr- . Garcia, Director D ent of Planning 6\ Execution ate STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority,vf 4q 41\4LY Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executedihe foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS S l DAY OF 'Dec , 201C) City of Miami Page 2 of 3 File ID: 5139 (Revision:) Printed On: 12/',f172018 Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: City of Miami Page 3 of 3 File ID: 5139 (Revision:) Printed On: 12/31/2018 Exhibit "A" LEGAL DESCRIPTION LOT 18 AND 19, BLOCK 31, OF SILVER BLUFF ESTATES SECTION B, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 68, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. FOLIO NO.: 01-4115-007-2590 PROPERTY ADDRESS 2201 SOUTHWEST 26 STREET MIAMI, FL 33133