The URL can be used to link to this page

Home My WebLink AboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk ,� u/444 FROM: Victoria Mdndez, City Attordey DATE: April 13, 2023 RE: Ordinance No. 14091 — Rezoning - 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court File No. 12302 At its September 13, 2022 meeting, the City Commission adopted the above referenced agenda item, PZ.9, amending the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "73-R," Sub -Urban Transect Zone -Restricted, to "CS," Civic Space Zone, for the Property generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, as described in "Exhibit A," attached and incorporated. The item inadvertently printed without the language "With Attachment(s)" in the title. The Legislation has been corrected and incremented to Revision A. VM/GKW/vja Enclosure(s) o � ti � N w r-)rn x*A -n rn -- n 3� 3� < r tJ rC- rn 0 Isck J,&-u City of Miami o�4�, ',��5' Ordinance 14091 Legislation File Number: 12302 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/13/2022 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 73- R" SUB- URBAN TRANSECT ZONE - RESTRICTED TO "CS" CIVIC SPACE ZONE FOR THE PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the site is generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, and is zoned "T3-R" Sub -Urban Transect Zone -Restricted"; and WHEREAS, Arthur Noriega, V, City Manager acting on behalf of the City of 0:6 o ("Applicant") has submitted a request to change the zoning classification from "T3-R" AubUban Transect Zone -Restricted for 600 Southwest 63 Avenue, 610 Southwest 63 AvenupP1 V M Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida (collectively the 1R*ef )M ; and �;� W r-rj 3 c-) WHEREAS, the Property is an assemblage of four parcels totaling approxini�f�ly 310 rI square feet (0.78 acres) of land; and r m p WHEREAS, the Future Land Use Map designation is "Single -Family Resideniel"; {nd WHEREAS, the request to rezone the Property from the 73-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone is inconsistent with the Property's existing Future Land Use designation ("FLU") of "Single -Family Residential", therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-21-11843; and WHEREAS, the application to amend the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP) under PZ-21-11843 would amend the FLU of the Property from "Single -Family Residential" to "Public Parks and Recreation"; and WHEREAS, the proposed FLU designation of "Public Parks and Recreation" under companion item PZ-21-11843 is consistent with the proposed zoning of "CS" Civic Space Zone; and WHEREAS, the Property is currently vacant land and is bordered by single-family residential uses; and City of Miami Pagel of 3 File ID: 12302 (Revision: A) Printed On: 4113/2023 File ID: 12302 Enactment Number: 14091 WHEREAS, the Property is bounded by Southwest 61h Street to the north, single-family residential parcels to the south, Southwest 63rd Avenue to the east and Southwest 63rd Court to the west; and WHEREAS, the Property is located in a portion of the Fairlawn neighborhood where there are not a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned R-1 under Ordinance No. 11000, the previous Zoning Code, which permitted 9 dwelling units per acre; and WHEREAS, the proposed rezoning of the Property to "CS" Civic Space Zone would result in reduction of intensity and density; and WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f1(a) in that the Rezone of the Property from "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone is consistent with and helps further the Goals, Objectives, and Policies of the MCNP; and WHEREAS, the request to Rezone the Property from "T3-R" Sub -Urban Transect Zone - Restricted to " CS" Civic Space Zone is consistent with the MCNP Policy LU-1.3.15 intent to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including housing and recreation close to each other; and WHEREAS, the request to Rezone the Property is consistent with the MCNP Objective PR-1.1 intent of providing a park within a 10-minute walk of every resident, which makes the request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1; and o N N � w WHEREAS, the request to Rezone the Property is consistent with the criterjAgunal. 70 Miami 21, Article 7, Section 7.1.2.8.f1(b) in that there is a need for more public part€ gpd ;�en ITI spaces in the surrounding area as this location is not served by any existing park s94e amasrn and developing the Property into a public park would provide a new park within a tedLitainul'e barrier -free walk to 501 residential units that currently have no parks within walking igtan(3as-< required by Levels of Service (LOS) defined in the MCNP, deeming the changes nege9salpindQ consistent; and r •• � o WHEREAS, the request to Rezone the Property complies with Miami 21, Article 7, Section 7.1.2.8.f.2 criteria, in that the proposed "CS" Civic Space Zone is a lesser Transect Zone from the existing "T3-R" Sub -Urban Transect Zone -Restricted and is therefore Successional under Article 7, Section 7.1.2.8.a.'s definition of Successional Zoning; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from 73-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-022 by a vote of nine to zero (9-0), Item No. PZAB. 10, recommending approval of the Zoning Change; and City of Miami Page 2 of 3 File ID: 12302 (Revision: A) Printed on: 4/13/2023 File ID: 12302 Enactment Number: 14091 WHEREAS, City Commission has considered the Applicant's justification as well as the Planning Department recommendation; and WHEREAS, 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 Resolution 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 "73-R," Sub -Urban Transect Zone -Restricted, to "CS," Civic Space Zone, for the Property generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, 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 ria dez, CiFy Attor iey 7/19/2022 o ^, 1 � N ria dez, City Attor iey �33/2M -n �7 — -c C.J 1 3� ' 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 3 of 3 File ID: 12302 (Revision: A) Printed on: 411312023 4e 1°� City of Miami �t, d Ordinance • ... ,..,,. . t. 8P Legislation File Number: 12302 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "T3- R" SUB -URBAN TRANSECT ZONE - RESTRICTED TO "CS" CIVIC SPACE ZONE FOR THE PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the site is generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, and is zoned 73-R" Sub -Urban Transect Zone -Restricted"; and WHEREAS, Arthur Noriega, V, City Manager acting on behalf of the City of Miami ("Applicant") has submitted a request to change the zoning classification from °T3-R" Sub -Urban Transect Zone -Restricted for 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 6(N F�4 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida (collectively the "Propert)a and nrn a —' CD WHEREAS, the Property is an assemblage of four parcels totaling approxinnge�y 34-102( 7 square feet (0.78 acres) of land; and 3 M W Fq WHEREAS, the Future Land Use Map designation is "Single -Family ResideAN"; end WHEREAS, the request to rezone the Property from the 73-R" Sub -Urban T m se Zone -Restricted to "CS" Civic Space Zone is inconsistent with the Property's existing -Future Land Use designation ("FLU") of "Single -Family Residential", therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-21-11843; and WHEREAS, the application to amend the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP) under PZ-21-11843 would amend the FLU of the Property from "Single -Family Residential" to "Public Parks and Recreation'; and WHEREAS, the proposed FLU designation of "Public Parks and Recreation" under companion item PZ-21-11843 is consistent with the proposed zoning of "CS" Civic Space Zone; and WHEREAS, the Property is currently vacant land and is bordered by single-family residential uses; and City of Miami Page 1 of 3 File ID: 12302 ( ) Printed On: 411312023 File ID: 12302 Enactment Number: 14091 WHEREAS, the Property is bounded by Southwest 61h Street to the north, single-family residential parcels to the south, Southwest 63rd Avenue to the east and Southwest 631d Court to the west; and WHEREAS, the Property is located in a portion of the Fairlawn neighborhood where there are not a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned R-1 under Ordinance No. 11000, the previous Zoning Code, which permitted 9 dwelling units per acre; and WHEREAS, the proposed rezoning of the Property to "CS" Civic Space Zone would result in reduction of intensity and density; and WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f1(a) in that the Rezone of the Property from 73-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone is consistent with and helps further the Goals, Objectives, and Policies of the MCNP; and WHEREAS, the request to Rezone the Property from 73-R" Sub -Urban Transect Zone - Restricted to "CS" Civic Space Zone is consistent with the MCNP Policy LU-1.3.15 intent to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including housing and recreation close to each other; and WHEREAS, the request to Rezone the Property is consistent with the MCNP Objective PR-1.1 intent of providing a park within a 10-minute walk of every resident, which makes the request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1; and WHEREAS, the request to Rezone the Property is consistent with the criteria Runes Miami 21, Article 7, Section 7.1.2.8.f1(b) in that there is a need for more public parleTndgen_-:0 spaces in the surrounding area as this location is not served by any existing park S;&ce Was'TI and developing the Property into a public park would provide anew park within a t$nin aW n barrier -free walk to 501 residential units that currently have no parks within walkinar 6' tance a required by Levels of Service (LOS) defined in the MCNP, deeming the changes *6�ssal ar consistent; and Cl)—r- J � O WHEREAS, the request to Rezone the Property complies with Miami 21, Arikle Section 7.1.2.8.f.2 criteria, in that the proposed "CS" Civic Space Zone is a lesser Transect Zone from the existing 73-R" Sub -Urban Transect Zone -Restricted and is therefore Successional under Article 7, Section 7.1.2.8.a.'s definition of Successional Zoning; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from 73-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone; and WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on July 6, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-022 by a vote of nine to zero (9-0), Item No. PZAB. 10, recommending approval of the Zoning Change; and WHEREAS, City Commission has considered the Applicant's justification as well as the Planning Department recommendation; and City of Miami Page 2 of 3 File 1D: 12302 ( ) Printed on: 411312023 File IM 12302 Enactment Number: 14091 WHEREAS, 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 Resolution 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 "T3-R," Sub -Urban Transect Zone -Restricted, to "CS," Civic Space Zone, for the Property generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, 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: ! `' o � N c-,n► ria dez, i y ttor iey 7l19l2022 7:a �qm CA) ►T1 3 t = M r n p x ' 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 3 of 3 File ID: 12302 ( ) Printed on: 4113/2023