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HomeMy WebLinkAboutO-13978City of Miami l i , J'f Legislation Ordinance: 13978 File Number: 8366 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/25/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM UNDESIGNATED TO "CS", CIVIC SPACE, OF APPROXIMATELY NINE (9) ACRES OF REAL PROPERTY GENERALLY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A ; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on December 16, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R- 20-050 by a vote of seven to zero (7-0), Item No. PZAB.5, recommending approval of the proposed Zoning Change described herein; and WHEREAS, the property located at approximately 3301 Rickenbacker Causeway, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated ("Property"), does not have a current future land use designation or zoning designation; and WHEREAS, the City of Miami ("City") wishes to amend the zoning classification of the Property to "CS", Civic Space, in the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Property is approximately nine (9) acres in size and is located in Commission District 2; and WHEREAS, the Property is bounded by Biscayne Bay on the east, west, and south and the Rickenbacker Causeway on the north; and WHEREAS, the Property is located between Virginia Key and the mainland of the City; and WHEREAS, the Property has been functioning as a park since 1947 and public facilities have been provided at the Property for an undetermined period of time; and WHEREAS, the park that currently exists on the Property is owned, operated, and maintained by Miami -Dade County ("County"); and WHEREAS, the County requested to move the northern boundary line by forty feet (40') in the event that it may assist in future expansion and improvements to the Rickenbacker Causeway; City of Miami Page 1 of 2 File ID: 8366 (Revision: A) Printed On: 3/9/2021 File ID: 8366 Enactment Number: 13978 WHEREAS, even though the Property currently lacks a zoning designation on the Zoning Atlas of the Miami 21 Code, it has functioned as both a formal and informal recreation area; and WHEREAS, consideration has been given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed Zoning Change, including changing and changed conditions that make the passage of the proposed Zoning Change necessary; and WHEREAS, after careful consideration of this matter, the City Commission deems it in the best interest of the general welfare of the City and its inhabitants to amend the Zoning Atlas of the Miami 21 Code to reflect the Property as "CS", Civic Space, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 fully set forth in this Section. Section 2. The City Commission hereby amends the Zoning Atlas of the Miami 21 Code by changing the zoning classification from undesignated to "CS", Civic Space, for the Property, 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 thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes, and Section 163.3184(12), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ft6ria i "ndez, City Attor iey 1/1212021 &-r dez, City lAttor ley 2/2/2021 ' 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: 8366 (Revision: A) Printed on: 31912021