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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14133 Title: 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "D1", WORK PLACE DISTRICT ZONE, TO "76-12-0", URBAN CORE ZONE OF THE PROPERTY GENERALLY LOCATED AT 1960 AND 1970 NORTHWEST 27 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1960 and 1970 Northwest 27 Avenue [Commissioner Alex Diaz de la Portilla — District 1] APPLICANT(S): Ines Marrero- Priegues Esquire, on behalf of Rollins Inc PURPOSE: This will change the zoning designation for the above properties from "D-1" Work Place — District Zone to 76-12-0" General Urban Transect Zone — Open. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On November 16, 2022, recommended approval, by a vote of 7-4. City of Miami File ID: 12837 (Revision: A) Printed On: 1/23/2023 City of Miami City Hall Legislation 3500 Pan Ameican Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14133 File Number: 12837 Final Action Date: 1/12/2023 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 ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "D1", WORK PLACE DISTRICT ZONE, TO '76-12-0", URBAN CORE ZONE OF THE PROPERTY GENERALLY LOCATED AT 1960 AND 1970 NORTHWEST 27 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property is generally located at 1960 and 1970 Northwest 27 Avenue, Miami, Florida, (collectively the "Property") and is zoned "D1," Work Place District Zone; and WHEREAS, the Rollins, Inc. ("Applicant") has submitted a request to change the zoning classification of the Property from "D1," Work Place District Zone to 76-12-0," Urban Core Zone; and WHEREAS, the Property is an assemblage of two parcels totaling approximately 90,143 square feet (± 2.07 acres) of land; and WHEREAS, the Future Land Use Map designation is "Light Industrial"; and WHEREAS, the request to rezone the Property from "D1," Work Place District Zone to 76-12-0," Urban Core Zone is inconsistent with the Property's existing future land uses ("FLU") of "Light Industrial," therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-22-11948; and WHEREAS, the Property currently consist of two (2) vacant parcels and is bordered by Commercial and Single Family Residential Uses; and WHEREAS, the Property is bounded by Northwest North River Drive to the north, the Miami River to the south, Northwest 27 Av to the east and a single parcel (2660 Northwest 20 Street) to the west; and WHEREAS, Property is located in a City -adopted "Transit Corridor Quarter -Mile Radius Overlay" (Ordinance 13665); and WHEREAS, the property was zoned "C-2", Liberal Commercial under Ordinance No. 11000, the previous Zoning Code, which permitted 65 dwelling units per acre; and WHEREAS, Resolution No. 2003-0694, dated March 24, 2003, granted a Special Exception, as listed under the previous 11000 Zonina Code, as amended, the zonina ordinance City of Miami File ID: 12837 (Revision: A) Printed On: 1/23/2023 of the City Of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a Multi Family residential structure of high density equal to "R-4", Multi Family High -Density Residential that allows single-family, duplex and multifamily structures up to and including high-rise apartment structures with a maximum density of one hundred fifty (150) units per net acre for the properties located at approximately 1960 and 1970 Northwest 27 Avenue; and WHEREAS, pursuant to Resolution No. 2003-0694, dated March 24, 2003, this Special Exception was granted per plans on file with a time limitation of twelve (12) months in which a building permit must be obtained, subject to the following condition by the Planning and Zoning Department: the applicant shall present final color schemes for review and approval by the Planning Director prior to the issuance of a building permit; and WHEREAS, Resolution No. 2004-0922, dated September 13, 2004, granted a Special Exception, under Ordinance No. 11000, the previous Zoning Code, as amended, pursuant to Article 4, Section 401, Schedule Of District Regulations, to allow a Multi Family residential structure of high density equal to "R-4," Multi Family High -Density Residential that allows Single - Family, Duplex and Multifamily Structures up to and including high-rise apartment structures with a maximum density of one hundred fifty (150) units per net acre and pursuant to Article 9, section 917.7.2, Schedule of District Regulations, for a reduction in parking requirements for Multifamily Residential Development when located in Community Revitalization Districts (CRD), to waive 83 of the required 363 parking spaces (proposed 280 parking spaces) for the Property located at approximately 1960 and 1970 Northwest 27 Avenue; and WHEREAS, pursuant to Resolution No. 2004-0922, dated September 13, 2004, the Special Exception was granted per plans on file with a time limitation of twelve (12) months in which a building permit must be obtained, subject to the following conditions by the Planning and Zoning department: 1) the applicant shall present final design details on the facades, including color, signs, and materials for review and approval by the Planning Director prior to the issuance of a building permit, and 2) irrespective of the reduction requested through this application; and WHEREAS, the Multi Family residential structure or project was ultimately not built for a number of reasons including, but not limited to, environmental remediation risk and liability and consequently the required building permit per Resolutions No. 2003-0694 and No. 2004-0922 and was not obtained by the applicant; and WHEREAS, the proposed "76-12-0", Urban Core Zone classification will result in higher intensity and taller development; and WHEREAS, the application is consistent with Miami 21, Article 7, Section 7.1.2.8.f.1(a) in that the relationship of the proposed amendment to the goals, objectives, and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives, and policies of the Comprehensive Plan, the Miami 21 Code, and other city regulations; and WHEREAS, the proposed application is consistent with Miami 21, Article 7, Section 7.1.2.8.f1(b) in demonstrating the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, the proposed application is consistent with Miami 21, Article 7, Section 7.1.2.8.f.2 in that the proposed change may be made only to the next intensity Transect Zone or by a Special Area Plan, and is in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods, and provides transitions in intensity and Building Height; and City of Miami File ID: 12837 (Revision: A) Printed On: 1/23/2023 WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommended approval of the rezoning application from "D1" Work Place District Zone to 76-12-0", Urban Core Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 16, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-060 by a vote of seven to four (7-4), Item No. PZAB.6, recommending Approval of the Zoning Change; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department recommendation; 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; 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 "D1," Work Place District Zone to 76-12-0", Urban Core Zone, for the Property generally located at 1960 and 1970 NW 27 Avenue, Miami, Florida, as 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 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, Cify Attor iey 12/912022 ' 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: 12837 (Revision: A) Printed On: 1/23/2023