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HomeMy WebLinkAboutOrdinanceFile Number: 5898 City of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/23/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "75-0," URBAN CENTER TRANSECT ZONE - OPEN, TO "76-8-0," URBAN CORE TRANSECT ZONE - OPEN, OF THE PROPERTIES LOCATED AT APPROXIMATELY 1628, 1632, AND 1642 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 1628, 1632, and 1642 Southwest 7 Street, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated ("Properties"), are currently zoned 75-0," Urban Center Transect Zone — Open; and WHEREAS, Doral New Holdings Inc., 1632 Investment, Inc., and R & A Data, Inc. (collectively, "Applicant") submitted a request to change the zoning classification of the Properties to 76-8-0," Urban Core Transect Zone — Open; and WHEREAS, after an analysis of the characteristics of the corridors of the one-way couplet, upon adoption of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), both sides of the corridor of Southwest 7 Street were designated 75-0," Urban Center Transect Zone - Open, while both sides of the corridor of Southwest 8 Street were designated 76-8-0," Urban Core Transect Zone — Open; and WHEREAS, with the adoption of the Miami 21 Code in 2010, the Southwest 7 Street corridor was designated with the 75-0," Urban Center Transect Zone - Open, on both sides, buffering the well-established 74-L," General Urban Transect Zone - Limited, neighborhoods to the north from the 76-8-0," Urban Core Transect Zone — Open, properties to the south located on both sides of the Southwest 8 Street corridor; and WHEREAS, the City's Planning Department found that an expansion to the north of the boundary of the 76-8-0," Urban Core Transect Zone — Open, located south of the Properties will represent an intrusion of density, height, and development capacity, altering the character of Southwest 7 Street on the stretch, bounded by Southwest 8 Court to the east and Southwest 17 Avenue to the west; and WHEREAS, the City's Planning Department found that the requested rezoning not only will alter the character of the Southwest 7 Street corridor, but will also reduce the buffer provided by the 75-0," Urban Center Transect Zone - Open, to the properties designated 74- L," General Urban Transect Zone - Limited, located to the north; and City of Miami Page 1 of 2 File ID: 5898 (Revision:) Printed On: 2/14/2020 File ID: 5898 Enactment Number: WHEREAS, the City's Planning Department found that the proposed rezoning is not appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May 1, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-016 by a vote of eight to zero (8-0), Item No. PZAB.4, recommending approval of the rezoning; and WHEREAS, as part of its recommendation of approval, the PZAB recommended that the Properties be limited from accessing any public benefit bonus Height or Floor Lot Ratio ("FLR") as established in the Miami 21 Code; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed rezoning, including changing and changed conditions that make the passage of the proposed rezoning necessary; and WHEREAS, notwithstanding the Planning Department's recommendations, the City Commission finds that the proposed rezoning maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission approves the request to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from 75-0," Urban Center Transect Zone - Open, to 76-8-0," Urban Core Transect Zone - Open, for the Properties, as more particularly described in Exhibit 'A" attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: 4Attor i ria i "ndez, C 6/1812019 ' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File ID: 5898 (Revision:) Printed on: 2/14/2020