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Home My WebLink AboutPZAB (12183) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-22-028 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12183 Final Action Date: 7/20/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL, BY THE REQUIRED SUPERMAJORITY VOTE, TO THE MIAMI CITY COMMISSION OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 150 Northeast 19 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") is zoned "Cl", Civic Institution Transect Zone; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") has submitted a request to change the zoning classification of the Property from "Cl", Civic Institution 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 ("MCNP"), the City's 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 Property is approximately 268,765 square feet (6.170 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation is "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22- 14674); and WHEREAS, the Property is currently undeveloped and is bordered by a fire station, temple, cemetery, and educational uses; and WHEREAS, the Property is bounded by Northeast 19 Street to the north, a City cemetery to the south, a temple to the east, and a City fire station to the west; and City of Miami Page 1 of 3 File ID: 12183 (Revision:) Printed On: 7/28/2022 WHEREAS, the property was zoned G/I, Government and Institutional, under Ordinance No. 11000, the previous Zoning Code of the City, which was similar in intent to the "Cl", Civic Institution Zone; and 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 Zone to "CS" Civic Space 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, pursuant to Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, no action to recommend a rezoning shall be taken without the concurring votes of a supermajority of board members present with said supermajority consisting of one (1) more member than a simple majority; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the zoning change was made with a request that the City's Park and Recreation Department report back to PZAB every January and July to provide a status of the park improvements, wherein five (5) PZAB members voted in favor and four (4) PZAB members voted against, thereby failing to receive the required six (6) supermajority votes to recommend approval of the amendment to the Miami 21 Zoning Atlas, to change zoning of the Property from "Cl", Civic Institution Zone, to "CS", Civic Space Transect Zone; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 12183 (Revision:) Printed On: 7/28/2022 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") does not recommend approval, by failing to obtain the required supermajority vote, of 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 150 Northeast 19 Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. 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: Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 12183 (Revision:) Printed On: 7/28/2022 LEGAL DESCRIPTION TO ACCOMPANY SKETCH l LEGAL DESCRIPTION: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN SOUTHWARDLY ALONG THE EASTERLY BOUNDARY OF SAID NORTHEAST ONE QUARTER (1/4) OF SECTION 36 FOR A DISTANCE OF 382.13 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE EASTERLY PROLONGATION OF A LINE 50.00 FEET SOUTHERLY OF, AND PARALLEL WITH, THE SOUTHERLY BOUNDARY OF BLOCK 2, SAN JOSE, AS RECORDED IN PLAT BOOK 3, AT PAGE 158, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE R/GHT 89°02'40" RUN WESTWARDLY ALONG A LINE 50.00 FEET SOUTHERLY OF, AND PARALLEL WITH, THE SOUTHERLY BOUNDARY OF SAID BLOCK 2, SAN JOSE, AND ITS EASTERLY PROLONGAT/ON THEREOF FOR A DISTANCE OF 35.97 FEET TO A POINT; THENCE CONTINUE WESTWARDLY ALONG THE LAST DESCRIBED COURSE, THE SAME BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF N.E. 19th STREET, FOR A DISTANCE OF 255.53 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCR/BED PARCEL; THENCE DEFLECTING TO THE LEFT 89°02 20" RUN SOUTHWARDLY FOR A DISTANCE OF 282.27 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 0 THE NORTHEAST 1/4 OF SAID SECTION 36; THENCE DEFLECTING TO THE LEFT 90°53 39" RUN WESTWARDLY ALONG THE SOUTHERLY BOUNDARY OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 36 FOR A DISTANCE OF 874.93 FEET; THE NEXT TWO DESCRIBED COURSES BEING ALONG THE EASTERLY BOUNDARY LINES OF TRACT A ; FIRE STATION SITE-1972, AS RECORDED IN PLAT BOOK 93, AT PAGE 42, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 90°40'49" RUN NORTHWARDLY FOR A DISTANCE OF 175.97 FEET TO A POINT; THENCE DEFLECTING 42°27'30" TO THE RIGHT, RUN NORTHEASTWARDLY FOR A DISTANCE OF 144.39 FEET TO A POINT OF INTERSECTION WITH A LINE 50.00 FEET SOUTHERLY OF, AND PARALLEL WITH, THE SOUTHERLY BOUNDARY OF SAID BLOCK 2, SAN JOSE, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF N.E. 19th STREET; THENCE RUN EASTWARDLY ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 778.51 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT UNDEDICATED STRIP OF LAND, BEING 35.0 FEET WIDE, LYING NORTHERLY, ADJACENT AND CONTIGUOUS THERETO. CONTAINING 268,765 SQUARE FEET, MORE OR LESS, BEING 6.170 ACRES MORE OR LESS. ALL LYING AND BEING IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. 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 CERTIF/CATION DOES NOT EXTEND TO ANY UNNAMED PARTIES. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.0 s-(EVEN ✓ O�� * CENS.J�4. -.1 OF 3 SHEETS Sim/&t & ,Q F a 4NREVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE *- IRAM ' 3025.�: * - PHONE No.(954)435-7010 FAX No. (954)438-3286° ; * , 215092 STATE OF ORDER NO. PREPAR UND R M(YQ� V19fON: , i,i n<J Johnson MAY 16, 2022 e0 :• DATE:r THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, ° IXtL•.,,,,,,,.. .'� �� CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND°SF�YQR�R��7 >>Niinuna nninoow K:\\565\341\ NE 19 STREET PARCEL \SKETCH AND LEGAL \ PARCEL FOR ZONING' 05-16-2022. DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION rr 0 SCALE 1 "=150' BLOCK 2, SA, T.B. 3. PG. Jos 158) AREA: 268, 7651 SQ. FT. 6.170f Acres CITY OF MIAMI CEMETERY LOT5 LOT 4 LOT 2 LOT 3 P.O.B. �' 255.53' � e\� G t1 � �9Q. 9 �, �� titi ,51 N ? 0 G\� 6�9 PGR' co ct N6-- o SOUTHERLY BOUNDARY, �? S1/2,N1/2, 1 NE 1/4, NE 1/4, c52_,. SEC.36-53S-41E s�- 250.04' TO BBL --1� �6'"' N.E. CORNER, N.E. 1/4, SECTION 36-53S-41E Z � I -I o 1- tv-,z� Nco �z W 62,91 9a 2n d 35.97' LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE Q DENOTES CENTERLINE /// DENOTES SUBJECT PARCEL TAN DENOTES TANGENT DISTANCE A DENOTES CENTRAL ANGLE R DENOTES RADIUS L DENOTES ARC DISTANCE (C) DENOTES CALCULATED DISTANCE (R) DENOTES RECORD OR PLATTED DISTANCE THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P. SAC S-c EV EN ✓ ••** C E IVS* OF 3 SHEETS REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE4N*-4IRAM' 3025 * '- PHONE No.(954)435-7010 FAX No. (954)438-3288-° ORDER NO. 215092 PREPAR UND R MY �,VJ JON: STATE OF ? z DATE: MAY 16, 2022 e0 7!• THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND K: A 365341 \ NE 19 STREET PARCEL \SKETCH AND LEGAL \ PARCEL FOR ZONING' 05-16-2022. DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION h 0 SCALE 1 "=150' sc ct 7 fl ;,;//1/fi`` x A 874.93' TOTAL l LEGEND: P.B. DENOTES PLAT BOOK PG. DENOTES PAGE Q DENOTES CENTERLINE /// DENOTES SUBJECT PARCEL TAN DENOTES TANGENT DISTANCE A DENOTES CENTRAL ANGLE R DENOTES RADIUS L DENOTES ARC DISTANCE (C) DENOTES CALCULATED DISTANCE (R) DENOTES RECORD OR PLATTED DISTANCE THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.0 S-c EV EN ✓ ••** C E IVS* OF 3 SHEETS REVISIONS LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE 41*- IRAM' 3025 * '- PHONE No.(954)435-7010 FAX No. (954)438-3288-° ORDER NO. 215092 PREPAR UND R MY �,VJ JON: STATE OF ? z DATE: MAY 16, 2022 •e - THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND K:\.565.341\ NE 19 STREET PARCEL \SKETCH AND LEGAL \ PARCEL FOR ZONING' 05-16-2022. DWG IPXIi.......... • �Y'RVE�7c