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Home My WebLink AboutPZAB (12188) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-22-033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 12188 Final Action Date: 7/20/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, 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 "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 3851 RICKENBACKER CAUSEWAY, 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 3851 Rickenbacker Causeway, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") has a current future land use designation of "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") applied to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of the Property to "Public Parks and Recreation"; and WHEREAS, the Property subject to this application is 7.859 ± acres in size; and WHEREAS, the Property is owned by the City of Miami and is located on Virginia Key, surrounded primarily by conservation land; and WHEREAS, this application, along with four other sets of Comprehensive Plan amendments and their companion rezones, is submitted in conjunction with the Miami Freedom Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendment to comply with MCNP Policy PR-2.1.1, the City of Miami's ("City") no -net -loss policy for public park land, since the Miami Freedom Park SAP would convert approximately twenty three (23) acres of public park land to another use; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the provisions of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and City of Miami Page 1 of 3 File ID: 12188 (Revision:) Printed On: 7/28/2022 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 amendment to the FLUM of the MCNP as hereinafter set forth; 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 fully set forth in this Section. Section 2. It is recommended that 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, be amended by changing the Future Land Use designation of 7.859 ± acres of real property generally located at 3851 Rickenbacker Causeway, Miami, Florida, as described in "Exhibit A", attached and incorporated, from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation". Section 3. It is found that this amendment to the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) 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; (c) 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; (d) Density will be "Public Parks and Recreation", 0 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood 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 (e) 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. City of Miami Page 2 of 3 File ID: 12188 (Revision:) Printed On: 7/28/2022 Reviewed and Approved: Lakisha Hull AICP LEED AP BD+C City of Miami Page 3 of 3 File ID: 12188 (Revision:) Printed On: 7/28/2022 SKETCH TO ACCOMPANY LEGAL DESCRIPTION SUBJECT PARCEL o� oCp VIRGINIA KEY ARTHUK LANTI NOT -TO SACLE o0iun1n1u1innnu111/1/ EN✓O THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, C'E NSt - S& i e , & 7 Q' : LAND SURVEYORS —ENGINEERS —LAND PLANNERS PHONE No.(954)435-7010 ORDER NO. 213173 DATE: FEBRUARY 4, 2021 THIS /S NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 • ' r�K'c17 — 3240 CORPORATE AN*—!1IRAMA L , 3025 FAX No. (954)438-328G' PREPAR my pYavisioN:STATE OF r/UGC c/ �e MARK STEVEN JOHNSON,' FLORIDA PROFESSIONAL LAND 'S (3141.-•No•.4v7�$ 1uimR1111111110o",o �l 1 OF 3 SHEETS REVISIONS j 717 K'\I65442\VIRGINIA KEY SWAP PARCELS/SURVEY\DWG\WDRKING DRAWING. DWG LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE 41*—!11RAMAPL' 7, 3025 PHONE No.(954)435-7010 FAX No. (954)438-326G3 * ORDER NO. 213173 PREPAR VND R MY �,VJ JON STATE OF DATE. FEBRUARY 4, 2021 C qt/. THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, CERTIFICATE OF AUTHORIZATION No. LB-87 FLORIDA PROFESSIONAL LAND'S K\I65442\VIRGINIA KEY SWAP PARCELS\SURVEY\DWG\WDRKING DRAWING. DWG SKETCH TO ACCOMPANY LEGAL DESCRIPTION P.O.C. N.W. CORNER, SECTION 16-54S-42E / N89°35'46'E 754' NORTH LINE SECTION 16-54S-42E1 P.O.B. N89°35'46"E 1242.46' N45°02' 11 "E 1705' N45°02'08'E 68.36' N54 29'53'E 83.17' N60°17'28'E 77.94' N66'50'14'E 73.63' N68° 14'04 "E 52.06' N63°28'141- 43.24' N45°02'10 "E 41.02' N40°50'43'E 38.27' ' 14 "W 700.94' LEGEND: ///1 DENOTES SUBJECT PARCEL P.O.C. DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING S88°03'47"W 412.79' THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. S00'24' 14 "E 959.83 SCALE 1"=200' 5,cE'11EN✓0 �� C E %J5�,�1=2 OF 3 SHEETS SttL �. t & yi444sCC.G ¢: F REVISIONS * CC 1.1.1 = Q1 4, " . .. OR No.E4v76$:1\-* �l 510111f 1wHi1wnowvvvov,.� LEGAL DESCRIPTION TO ACCOMPANY SKETCH 1 LEGAL DESCRIPTION: A PARCEL OF LAND IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 EAST; THENCE RUN ALONG' THE NORTH LINE OF SAID SECTION 16 FOR A DISTANCE OF 1242.46 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; BEGIN AT A POINT;; THENCE RUN NORTH 89' 35' 46" EAST FOR A DISTANCE OF 7.54 FEET TO A POINT; THENCE RUN SOUTH 00' 24' 14" EAST FOR A DISTANCE OF 959.83 FEET TO A POINT; THENCE RUN SOUTH 88° 03' 47" WEST FOR A DISTANCE OF 412.79 FEET TO A POINT; THENCE RUN NORTH 00' 31' 14" WEST FOR A DISTANCE OF 700.94 FEET TO A POINT;; THENCE RUN NORTH 40° 50' 43" EAST FOR A DISTANCE OF 38.27 FEET TO A POINT; THENCE RUN NORTH 45° 02' 10" EAST FOR A DISTANCE OF 41.02 FEET TO A POINT; THENCE RUN NORTH 63° 28' 14" EAST FOR A DISTANCE OF 43.24 FEET TO A POINT; THENCE RUN NORTH 68° 14' 04" EAST FOR A DISTANCE OF 52.06 FEET TO A POINT; THENCE RUN NORTH 66° 50' 14" EAST FOR A DISTANCE OF 73.65 FEET TO A POINT; THENCE RUN NORTH 60° 17' 28" EAST FOR A DISTANCE OF 77.94 FEET TO A POINT; THENCE RUN NORTH 54' 29' 53" EAST FOR A DISTANCE OF 83.17 FEET TO A POINT; THENCE RUN NORTH 45' 02' 08" EAST FOR A DISTANCE OF 68.36 FEET TO A POINT; THENCE RUN NORTH 45° 02' 11" EAST FOR A DISTANCE OF 17.05 FEET TO A POINT; TO THE POINT OF BEGINNING; CONTAINING 342,343 SQUARE FEET MORE OR LESS OR 7.859 ACRES MORE OR LESS ALL LYING AND BEING IN SECTION 16, TOWNSHIP 54 SOUTH, RANGE 42 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 CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PARTIES THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. OO ANIAAiAilllifiiiWiii S-cEV EN✓O Shea ei vL & 74. LAND SURVEYORS —ENGINEERS —LAND PLANNERS — 3240 CORPORATE N*— 1IRAMA�;' PL 73 025 PHONE No.(954)435-7010 FAX No. (954)438-32875 ORDER NO. 213173 PREPAR UND R MY PVIJON STATE OF DATE• FEBRUARY 4, 2021 THIS /S NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 4, MARK STEVEN JOHNSON, P 1PAIL,.M,,,,..• FLORIDA PROFESSIONAL LAND SU FYpR No. 4N7. 3 OF 3 SHEETS REVISIONS CC ur . t K:\I65442\VIRGINIA KEY SWAP PARCELS\SURVEY\DWG\WORKING DRAWING.DWG