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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14073 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "Cl", CIVIC INSTITUTION TRANSECT ZONE, TO "76-3613-0", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 444 and 460 SW 2 Av [Commissioner Christine King - District 5] APPLICANT(S): Art Noriega V, City Manager on behalf of the City of Miami PURPOSE: The request will rezone the properties located at 444 and 460 SW 2 Avenue from "Cl" Civic Institution Transect Zone to "76-36b-O" Urban Core Transect Zone — Open. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On September 18, 2019 recommended approval, by a vote of 6-1. City of Miami File ID: 6532 (Revision:) Printed On: 612912022 S City of Miami Legislation Ordinance Enactment Number:14073 File Number: 6532 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/9/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "Cl", CIVIC INSTITUTION TRANSECT ZONE, TO "76- 3613-0", URBAN CORE TRANSECT ZONE — OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") owns the properties located at approximately 444 and 460 Southwest 2 Avenue, as more particularly described in Exhibit "A", attached and incorporated ("Property"); and WHEREAS, the Property is currently zoned "Cl," Civic Institution Transect Zone, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City submitted a request to change the zoning classification of the Property from "Cl", Civic Institution Transect Zone, to 76-36b-O", Urban Core Transect Zone — Open; and WHEREAS, the City submitted a companion application to change the Future Land Use Map ("FLUM") designation of the Property on the Miami Comprehensive Neighborhood Plan ("MCNP") from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Restricted Commercial": and WHEREAS, the Property is comprised of two (2) parcels totaling approximately 3.15 acres (137,125 square feet) and is located on the west side of Southwest 2 Avenue between the Miami River and Southwest 3 Street; and WHEREAS, the Property currently has a ten (10) story office building and a seven (7) level parking garage which has functioned as the City's administrative facility building since 1994; and WHEREAS, the Property is in the Urban Central Business District ("UCBD"), the urban core of the City, and a Transit Oriented Development ("TOD") area due to its proximity to the Third Street and Riverwalk Metromover Stations and the Government Center Metrorail Station; and City of Miami File ID: 6532 (Revision:) Printed On: 612912022 WHEREAS, this area of the Urban Core has rapidly transitioned from Industrial to Commercial and Residential Uses, which is evident from the development of the large mixed - use projects located in close proximity to the Property; and WHEREAS, the City determined the highest and best use of the Property was no longer governmental use; and WHEREAS, on February 2, 2016, the Applicant issued an Offering Memorandum to sell or lease the Property and a Request for Proposals for the development of a new City administrative facility building; and WHEREAS, on December 8, 2016, the City Commission selected private developer Lancelot as the most responsive and responsible proposer to develop the Property; and WHEREAS, in November 2018, a Special Election was held in the City and voters overwhelmingly affirmed the referendum question for the sale or lease of the Property pursuant to the Charter of the City of Miami, Florida, as amended; and WHEREAS, the Applicant is rezoning the Property as a part of the real estate transaction; and WHEREAS, Article 7, Section 7.1.2.8. of the Miami 21 Code provides that a change to the Miami 21 Atlas may be made only to a lesser Transect Zone, within the same Transect Zone to a greater or lesser intensity, or to the next higher Transect Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHERAS, pursuant to Article 7, Section 7.1.2.8(a)(1) of the Miami 21 Code, successional rezoning of properties zoned "Cl", Civic Institution Transect Zone, is determined by identifying the lowest Intensity Abutting Transect Zone and rezoning to that Transect Zone's next higher Intensity Zone; and WHEREAS, the Property is bordered to the north by a vacant parcel zoned 76-36b-O", Urban Core Transect Zone — Open; to the east by a Florida Power and Light (TPL") substation zoned "Cl," Civic Institution Transect Zone; to the west by 1-95; and to the south by properties zoned T3," Waterfront Industrial, and 76-36b-O," Urban Core Transect Zone — Open, with Miami River Special Area Plan ("SAP") overlay and physically separated from the Property by the Miami River; and WHEREAS, the Miami River acts as a natural barrier between the Brickell neighborhood and the River Quadrant; and WHEREAS, the lowest Intensity Abutting Transect Zone to the Property is 76-36b-O," Urban Core Transect Zone - Open; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(a)(3) of the Miami 21 Code, the 76- 36b-O," Urban Core Transect Zone - Open's, next intensity Transect Zone is 76-60b," Urban Core Transect Zone; and WHEREAS, the City is requesting rezoning to 76-36b-O," Urban Core Transect Zone — Open, to unify the area under a common Transect Zone; and WHEREAS, the City's Planning Department reviewed the application and found that the proposed zoning change from "Cl", Civic Institution Transect Zone, to 76-36b-O", Urban Core City of Miami File ID: 6532 (Revision:) Printed On: 612912022 Transect Zone — Open, is successional and would yield the most coherent development pattern given the adjacent neighborhood and current zoning context; and WHEREAS, the City's Planning Department recommends approval of the rezoning application; and WHEREAS, the requested change in zoning furthers the goals and objectives of the MCNP, which seek to create mixed -use neighborhood centers near transit due to the Property's proximity to the Third Street and Riverwalk Metromover Stations, the Government Center Metrorail Station, and the Southwest 2 Avenue Transit Corridor; and WHEREAS, the requested change in zoning furthers the goals of the Miami 21 Code centered on focused growth around transit nodes and preservation of neighborhoods through transitions in intensity and building height; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 18, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R- 19-044 by a vote of six to one (6-1), Item No. PZAB.4, recommending approval of the amendment to rezone the Property from "Cl", Civic Institution Transect Zone, to 76-36b-O", Urban Core Transect Zone — Open; and WHEREAS, PZAB reviewed the letter from the Miami River Commission dated September 18, 2019, which was submitted into the record during the PZAB public hearing and strongly supports the following recommendations: 1) Full compliance with Section 3.11 of the Miami 21 Code, i.e. fifty foot (50) building setback from the water, twenty-five foot (25) wide public Riverwalk featuring a minimum fifteen foot (15) wide unobstructed circulation zone, view corridors, etc.; 2) Maintain existing boat access; 3) Consider coastal flooding in design using data from the City; and 4) Inspect seawall and construct new seawall as needed; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission 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, the proposed change maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the City Commission, 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 approve this amendment to the Miami 21 Code Zoning Atlas as hereinafter set forth; 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 Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification from "Cl", Civic Institution Transect Zone, to 76-36b-O", Urban Core Transect City of Miami File ID: 6532 (Revision:) Printed On: 612912022 Zone — Open, of the Property, as more particularly described in "Exhibit A", attached and incorporated. Section 3. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 4. 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 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to Section 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS 1 i na i ndez, City Httor ey 101712019 ' 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 File ID: 6532 (Revision:) Printed On: 612912022