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HomeMy WebLinkAboutO-14184City of Miami Ordinance 14184 al111 II li.RR I + Legislation File Number: 13866 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/22/2023 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 "T6-24A—O," URBAN CORE TRANSECT ZONE — OPEN, TO "76-2413-0," URBAN CORE TRANSECT ZONE — OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHEAST 2 AVENUE, 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 property generally located at 1600 Northeast 2 Avenue, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated, ("Property") is zoned "T6-24A-O," Urban Core Transect Zone — Open, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"); and WHEREAS, Ines Marrero Priegues, Esq., on behalf of 1600 NE 2ND AVENUE, LLC ("Applicant"), submitted a request to change the zoning classification of the Property from 76 24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open, for the Property; and WHEREAS, the Property is approximately 24,589.3 square feet (0.5645 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property on the Miami Comprehensive Neighborhood Plan ("MCNP") is "General Commercial"; and WHEREAS, the request to rezone the Property from "T6-24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open, is consistent with the Property's existing Future Land Use designation ("FLU") of "General Commercial", therefore, a concurrent MCNP is not required; and WHEREAS, the Property is bordered by "Restricted Commercial" and "General Commercial" uses; and WHEREAS, the request is consistent with Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Code in that the rezone of the Property from "T6-24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open, is consistent with and helps further the Goals, Objectives, and Policies of the MCNP as well as the Miami 21 Code and other City regulations; and WHEREAS, the request to rezone the Property from "T6-24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open, is consistent with the MCNP City of Miami Page 1 of 3 File ID: 13866 (Revision:) Printed On: 7/3/2023 File ID: 13866 Enactment Number: 14184 Policy LU-1.3.15 in that it encourages a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including housing and recreation in close proximity to each other; and WHEREAS, the rezone request is consistent with the Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code as there is a need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary.; and WHEREAS, the request to rezone the Property complies with Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code criteria, in that the proposed 76-2413-0," Urban Core Transect Zone — Open, is the Successional Zone of T6-24A-O," Urban Core Transect Zone — Open; 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 recommended approval of the rezoning application from "T6-24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 11, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-039 by a vote of eight to zero (8-0), Item No. PZAB. 6, recommending approval of the Zoning Change; and WHEREAS, the City Commission has given full considerations to the Planning Department's recommendations and held a quasi-judicial hearing on the matter; and WHEREAS, consideration was given to the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the consideration has been given to the need and justification for the proposed zoning classification change, including changing and changed conditions that make the passage of the proposed zoning classification change necessary; and WHEREAS, the proposed zoning classification change 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 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 if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") is hereby amended by changing the zoning classification from "T6-24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open, for the Property generally located at 1600 Northeast 2 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated. City of Miami Page 2 of 3 File ID: 13866 (Revision:) Printed on: 7/3/2023 File ID: 13866 Enactment Number: 14184 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: 1 i ria i "ndez, Cify Kttor iey 5/15/2023 ' 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: 13866 (Revision:) Printed on: 7/3/2023