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HomeMy WebLinkAboutPZAB (16564) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-075 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 16564 Date Rendered: 11/05/2024 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 "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 1990 NORTHWEST 27 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 1990 Northwest 27 Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") has a current future land use designation of "Light Industrial"; and WHEREAS, 1960 NW 27th AVE, LLC ("Applicant") applied to the City of Miami ("City") 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 "Restricted Commercial"; and WHEREAS, the Property site is 0.048 ± acres in size and is located along the Miami River at the northwestern edge of the City of Miami boundary; and WHEREAS, the amendment and companion rezone were presented to the Miami River Commission on October 7, 2024, where the Miami River Commission supported the project; and WHEREAS, the Property is part of a larger assemblage that used to house an Orkin Pest Control, thereby causing soil and groundwater contamination; and WHEREAS, the Property is part of a larger assemblage that has remained vacant and contaminated since at least 2005, and WHEREAS, the Property is part of a larger assemblage that is party to an executed Brownfield Site Redevelopment Agreement under Brownfield Site Identification Number BF130401001; and WHEREAS, the MCNP is supportive of redevelopment and new construction in Brownfield Redevelopment Areas; and Date Rendered: 11/05/2024 City of Miami Page 1 of 3 File ID: 16564 (Revision:) Printed On: 11/5/2024 WHEREAS, the proposal to amend the FLUM of the Property from "Light Industrial" to "Restricted Commercial" creates more opportunities for redevelopment of the Brownfield Site by allowing more residential density and commercial uses; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and all other applicable 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 amendment to the FLUM of the MCNP 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 0.048 ± acres of real property at 1990 Northwest 27 Avenue, Miami, Florida, as described in the attached and incorporated "Exhibit A," from "Light Industrial" to "Restricted Commercial." 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 "Restricted Commercial," 150 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, as may be modified by the land use regulations, 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. This Resolution shall become effective immediately upon its adoption. City of Miami Page 2 of 3 File ID: 16564 (Revision:) Printed On: 11/5/2024 Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 16564 (Revision:) Printed On: 11/5/2024 TCH_RP24-0074.dwg 5/2/2 SURVEY\1990 NW 2 CD z 0 SKETCH & LEGAL DESCRIPTION EXHIBIT "A" PROPERTY ADDRESS: 1990 NW 27th. AVENUE, MIAMI, FLORIDA 33125 FOLIO #: 01-3133-007-0010 LEGAL DESCRIPTION: Lots 1 and 2 of RIVERDALE PARK, according to the Plat thereof, as recorded in Plat Book 21, Page 19, of the Public Records of Miami —Dade County, Florida. LESS AND EXCEPT that portion conveyed by the Warranty Deed to the State of Florida, for the use and benefit of the State of Florida Department of Transportation recorded in Official Records Book 14449, Page 2248, as follows: COMMENCE at the point of intersection of the South line with the West line of the East 15.00 feet of said Lot 2; thence run N 03°07'13" W along said West line of the East 15.00 feet of Lot 2, for a distance of 1.87 feet to a point of curvature of a circular curve being concave to the Southwest and also the POINT OF BEGINNING of the parcel herein described; thence run Northwesterly along said circular curve, having for its elements a central angle of 86°47'14" and a radius of 22.00 feet; for an arc distance of 33.32 feet to a point of reverse curvature with a circular curve being concave to the Northeast and having for its elements a central angle of 06°42'57" and a radius of 552.00 feet; thence run Northwesterly along said circular curve, for an arc distance of 64.70 feet to a point of intersection with the West line of Lot 1 of said RIVERDALE PARK; thence run N 03°07'13" W along said West line of Lot 1 for a distance of 17.27 feet to a point of intersection with a circular curve being concave to the Northeast and also a point of intersection with the Southerly Right of Way line of N.W. North River Drive as shown on the Florida Department of Transportation Right of Way Maps for Section 87674-2601 as recorded in Road Map Book 72 at Page 93 of the Public Records of Dade County, Florida; thence run Southeasterly and Northeasterly along the Southerly Right of Way Line of said N.W. River Drive, and also along said circular curve, having for its elements a central angle of 08°07'33" and a radius of 535.00 feet, for an arc distance of 75.88 feet to a point of reverse curvature with a circular curve being concave to the Southwest and having for its elements a central angle of 87°52'44" and a radius of 10.00 feet; thence run Northeasterly, Easterly and Southeasterly along said circular curve, for an arc distance of 15.34 feet to a point of tangency on the West line of the East 15.00 feet of Lot 1 of said RIVERDALE PARK; thence run S 03°07'13" E along the last described line, for a distance of 28.28 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: 1) This is not a BOUNDARY SURVEY, but only a GRAPHIC DEPICTION of the description shown hereon. 2) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. 3) There may be additional Restrictions not shown on this survey that may be found in the Public Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 4) No Title search has been performed to determine if there are any conflict existing or arising out of the creation of the Easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. 5) The North arrow and bearings shown hereon are based on aforementioned recorded plat. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a the SKETCH AND LEGAL DESCRIPTIOII of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable Florida Administrative Code. MO r,AI =JUCE7V' LB #7282 11110 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 Date: May 2, 2024 Job Number: RP24-0074 NOTE: This Sketch is NOT A BOUNDARY true and correct representation of provisions of Chapter 5J-17, Digitally signed by Jacob Gomis Date: 2024.05.07 _01.53.04-04 Q JACOB GOMIS Professional Surveyor & Mapper State of Florida Reg. No. 6231 SURVEY. This Document is not full and complete without all Sheets, Containing a total of (2) Sheet Page 1 of 2 ETCH_RP24-0074.dwg 5/2/202 N MIAMI_BOUND 90 NW 27 A N CD } w 0 SKETCH & LEGAL DESCRIPTION EXHIBIT "A" SCALE: 1 " = 30' LEGEND = CENTERLINE MIAMI—DARE COUNTY LIMITS N.W. NORTH RIVER DRIVE CITY OF MIAMI LIMITS 87' TOTAL PUBLIC RIGHT—OF—WAY R=535.00' POINT OF BEGINNING 6=00'59'35" o ORIGINAL RIGHT—OF—WAY LINE LESS —OUT PARCEL A=9.27' 67.57'-------a I LOT-8 15.1' 15.0' 1 =JUREI LB #7282 LAND SURVEYORS, INC. 6175 NW 153rd STREET SUITE 321, MIAMI LAKES, FL. 33014 PHONE: 305-822-6062 * FAX: 305-827-9669 LOT-1 f06'42'57' A=64.70' —— 6=08'07'33" ----R 2.00,A=75.88' B- LESS —OUT PARCEL O.R.B.14449, PG 2248 �UP — I�N IN 587'01'27"W 85.00' Date: May 2, 2024 Job Number: RP24-0074 NOTE: This Sketch is NOT A BOUNDARY SURVEY. This Document is not full and complete without all Sheets, Containing a total of (2) Sheet N.E. CORNER OF N.E.1/4, N.E. 1/4 I OF SECTION 33-53-41 1 R=10.00' A=87'52'44" A=15.34' \ R=22.00' LF86'47'14' A=33.32' 35.0' S.E. CORNER LOT 2 50.0' ORIGINAL RIGHT—OF—WAY LIN 5.0 Page 2 of 2