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Home My WebLink AboutPZAB (6463) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-19-043 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 6463 Final Action Date: 9/18/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), 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 FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City" or "Applicant") owns the properties located at approximately 444 and 460 Southwest 2 Avenue, as more particularly described in Exhibit "A" attached and incorporated, ("Property") WHEREAS, the Property has an existing Future Land Use Map ("FLUM") designation of "Major Institutional, Public Facilities, Transportation and Utilities"; and WHEREAS, the City submitted a request to amend the FLUM so that the Property will have a new FLUM designation of "Restricted Commercial"; and WHEREAS, the Applicant has submitted a companion application to change the zoning classification of the Property from "Cl" Civic Institution Transect Zone to "T6-36b-O" Urban Core Transect Zone — Open; and WHEREAS, the Property is comprised of two (2) parcels totaling approximately 3.15 acres (137,125 square feet); and WHEREAS, the City seeks to incentivize high density, mixed -use development in the Urban Central Business District ("UCBD") and in Residential Density Increase Areas ("RDIA") near the City's urban core; and WHEREAS, based on an examination of the existing land uses and observation by site visit, the adjacent properties are primarily designated Restricted Commercial; and WHEREAS, based on the U.S. Census Bureau's American Community Survey, over 40 percent of residents within the Census Block Group in which the Property is located are Rental City of Miami Page 1 of 3 File ID: 6463 (Revision:) Printed On: 9/23/2019 Cost Burdened and over 45 percent of families in the Census Block Group live below the Poverty Line; and WHEREAS, analysis of City Levels of Service has shown that the proposed change to the FLUM would not result in an increase in population; and WHEREAS, analysis of City Levels of Service has shown that all levels of service appear able to be met, with the exception of School and Transportation Concurrency; and WHEREAS, the Miami -Dade County School Board determined that existing elementary school capacity is not sufficient for the requested changes and that mitigation may be required at time of redevelopment; and WHEREAS, the City's Office of Capital Improvements recommends the Applicant provide more information on how transportation impacts could be mitigated at the time of redevelopment; and WHEREAS, the City's Planning Department recommends approval of the request to amend the FLUM for the Property as this change will establish a proper transition between FLUM designations; and WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood 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, 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 Comprehensive Plan Amendment to the FLUM 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 3.15 ± acres of real property at 444 and 460 Southwest 2 Avenue from Major Institutional, Public Facilities, Transportation and Utilities to Restricted Commercial, as 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; City of Miami Page 2 of 3 File ID: 6463 (Revision:) Printed On: 9/23/2019 (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 "Restricted Commercial," 500 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. ranci . Garcia, Director Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) C12-.3 201ci Execution 'Date Personally appeared before me, the undersigned authority, frrr,1 lie , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 4;-..) DAY OFSPyi�Nibel 2019. so,ocA clonzate2 Print Notary Name Personally know V or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath is State of Florida My Commission Expires: ?oiAY°uo SILVIA GONZALEZ r*; �a� MY COMMISSION itGG 051561 :w, IU' :A :o; EXPIRES: November 30, 2020 %:f of a pop • Bonded Thru Notary Public Underwriters City of Miami Page 3 of 3 File ID: 6463 (Revision:) Printed On: 9/23/2019 Exhibit A LEGAL DESCRIPTION: TRACTS 1 AND 2, RIVERSIDE PLAZA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 139, PAGE 43, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS PARCEL 120, PROJECT 87100-2611, AS DEEDED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PER OFFICIAL RECORDS BOOK 18293, PAGE 1049, AS RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 2; THENCE ALONG THE NORTH LINE OF SAID TRACT 2 SOUTH 8742'53" WEST, A DISTANCE OF 7.60 FEET TO THE POINT OF BEGINNING; THENCE THE NEXT FIVE (5) COURSES FOLLOW THE WEST LINE OF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL 120, AS RECORDED IN OFFICIAL RECORDS BOOK 18293, PAGE 1 049, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA: 1) SOUTH 00.25'14" EAST, 33.79 FEET, 2) SOUTH 89'31'43" WEST, 21.24 FEET, 3) SOUTH DD'28' 18" EAST, 74.68 FEET, 4) SOUTH 02' 14'29" EAST, 253. 76 FEET, 5) SOUTH 52'33'38" WEST, 63.86 FEET; THENCE THE NEXT SEVEN (7) COURSES FOLLOW THE WESTERLY LINES OF SAID TRACTS 1 AND 2: 1) NORTH 45'38'08" WEST, 189.20 FEET, 2) NORTH 65'00'18" WEST, 12.21 FEET, 3) NORTH 45.38'06" WEST, 67.60 FEET, 4) NORTH 47'54'35" WEST, 87.29 FEET, 5) NORTH 38'51'30" WEST, 126.84 FEET, 6) NORTH 37'04'12" WEST, 61.50 FEET, 7) NORTH 24'34'53" EAST, 159.98 FEET TO THE NORTHWEST CORNER OF SAID TRACT 2; THENCE THE NEXT SIX (6) COURSES FOLLOW THE NORTHERLY LINES OF SAID TRACT 2: 1) NORTH 8743'20" EAST, 212.85 FEET, 2) SOUTH 02'16'40" EAST, 62.86 FEET, 3) SOUTH 42'05'52" EAST, 51.24 FEET, 4) SOUTH 52'11'56" EAST, 62.50 FEET. 5) SOUTH 83'22'20" EAST. 49.68 FEET. 6) NORTH 87'42'53" EAST, 22.40 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, CONTAINING 137125 SQUARE FEET (3.15 ACRES), MORE OR LESS.