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Home My WebLink AboutPZAB (12181) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-22-026 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12181 Final Action Date: 7/20/2022 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 THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "CI" CIVIC INSTITUTION ZONE TO "CS" CIVIC SPACE ZONE OF THE PROPERTY GENERALLY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615 NORTHWEST 8 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at two (2) parcels at 2735 Northwest 10 Avenue and 2615 Northwest 8 Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") is zoned "Cl", Civic Institution Transect Zone; and WHEREAS, the Property contains approximately 2.662 acres; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") submitted a request to change the zoning classification of the Property from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone; and WHEREAS, the Applicant submitted this request to comply with Parks, Recreation, and Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan, the City of Miami ("City") no -net -loss policy for public park land, in conjunction with the Miami Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and WHEREAS, the Future Land Use Map ("FLUM") designation for the Property is "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22- 14682) to amend the Property's FLUM designation; and WHEREAS, the Property is currently developed with a derelict structure and is bordered by military and residential uses; and WHEREAS, the Property is bounded by Northwest 28 Street to the north, Northwest 10 Avenue to the west, Northwest 8 Avenue to the east, and public housing to the south; and WHEREAS, the Property was zoned "G/I", Government and Institutional, under Ordinance No. 11000, the previous Zoning Code of the City; and City of Miami Page 1 of 3 File ID: 12181 (Revision:) Printed On: 7/28/2022 WHEREAS, the proposed "CS", Civic Space Transect Zone, would result in a decrease in allowed development intensity; and WHEREAS, the application is consistent with Section 7.1.2.8(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") as the request is for a rezone to a lower Transect Zone; and WHEREAS, the request to rezone the Property is consistent with Miami 21 and the Miami Comprehensive Neighborhood Plan ("MCNP"), including Objective PR-1.1 intent of providing a park within a 10-minute walk of every resident, compliance with the rezoning criteria found in Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the proposed zoning change is consistent with Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone; and WHEREAS, Planning, Zoning and Appeals Board ("PZAB") has given full consideration to the Planning Department recommendation; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, 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 requested that the City's Parks and Recreation Department report to PZAB during its meetings every January and July of every year until the park is completed to provide a status of the park improvements and a timeframe as to when the park will be usable as a park by the public; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF 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. The Planning, Zoning and Appeals Board ("PZAB") recommends that the City Commission approve the request to amend the Zoning Atlas of Ordinance No. 13114 ("Miami 21 Code"), as amended, by changing the zoning classification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone, for the property generally located at 2735 Northwest 10 Avenue and 2615 Northwest 8 Avenue, Miami, Florida, as described in Exhibit "A", attached and incorporated. City of Miami Page 2 of 3 File ID: 12181 (Revision:) Printed On: 7/28/2022 Section 3. 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 4. This Resolution shall become effective upon adoption. Reviewed and Approved: City of Miami Page 3 of 3 File ID: 12181 (Revision:) Printed On: 7/28/2022 SKETCH AND LEGAL DESCRIPTION LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE Q DENOTES CENTERLINE DENOTES SUBJECT PARCEL 25' LEGAL DESCRIPTION: l N. W. 28th STREET TRACT A'; MIAMI STADIUM SUBDIVISION (P.B. 157, PG. 76) THE WEST 270 FEET OF TRACT 'A'; LESS THE SOUTH 100 FEET THEREOF, "DADE COUNTY YOUTH HALL TRACT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62, PAGE 96, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LYING AND BEING IN SECTION 26, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA. co 25' SURVEYOR'S NOTES: 1) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2) THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 3) PARCEL AS DESCRIBED HEREON CONTAINS 80,824± SQ.FT. (1.8556 ACRES) THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK ST�EV " "" OHN, ON, P.S.M. 4775 SCALE 1 '=100' �� EVE N °"''%, E�� 1 OF 1 SHEETS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE NA AIRAM ; 4F7533025' • PHONE No.(954)435-7010 FAX No. (954)438-3880 * _ ORDER NO, 215128—A PR P RED NDER YUAgRJSI S ATE OF DATE: MAY 26, 2022 =� THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSOI f�QR �� CERTIFICATE OF AUTHORIZATION No. L8-87 FLORIDA PROFESSIONAL LAiVq�6 RVfTi�FZ.No,��f�75, " J:\PLAT APPLICATION FILES\M/AM/ FREEDOM PARK OPEN SPACE - SOCCER\NW 1OTH AVENUE SITES.DWG / S(JRVE�� iiiiUU� u u mimP�p�o�� REVISIONS SKETCH AND LEGAL DESCRIPTION LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE Q DENOTES CENTERLINE DENOTES SUBJECT PARCEL 0 25 LESS THE WEST 270.00 FEET LEGAL DESCRIPTION: N.W. 28th STREET TRACT '%'; MIAMI STADIUM SUBDIVISION (P.B. 157, PG. 76) } w 1' c0 25' THE SOUTH 100 FEET OF TRACT 'A : LESS THE WEST 270 FEET THEREOF, "DADE COUNTY YOUTH HALL TRACT'; ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62, PAGE 96, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LYING AND BEING IN SECTION 26, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA. SURVEYOR'S NOTES: 1) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. 2) THIS SKETCH HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITY (ENTITIES) NAMED HEREON ONLY. THE ATTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. 3) PARCEL AS DESCRIBED HEREON CONTAINS 35,144± S0. FT. (0.8068 ACRES) THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK " "" OHI, ON, P.S.M. 4775 -cEvENj SCALE 1 '=100' —S 4 & 6� LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE_VNA v1IRAM �', 4W5 3302S;' ..f FAX No. (954)438-3i-880 ORDER NO. 215128 PR P RED NDER ,Y �UAgR�JS10�j DATE: MAY 26, 2022 THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSOI f�QR �� CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAi�6RVfTi�FZ.No,..f�75P�� ES�M/AMl FREEDOM PARK OPEN SPACE SOCCER�iVW 1OTH AVENUE SITES.DWG �o�po%� S(JRVE�� ET1 OF 1 SHEETS REVISIONS J:\PLAT APPLICATION FIL PHONE No.(954)435-7010 S ATE OF • Q