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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14185 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 "75-0," URBAN CENTER ZONE - OPEN, TO "76-8-0," URBAN CORE ZONE - OPEN, OF THE PROPERTY LOCATED AT APPROXIMATELY 3500 AND 3526 NORTH MIAMI 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. LOCATION: Approximately 3500 and 3526 North Miami Avenue APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: This will change the above property from "75-0" Urban Center Zone — Open to "76-8-0" Urban Core Zone Transect Zone — Open. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On April 11, 2023, recommended approval, by a vote of 7-0. City of Miami File ID: 13865 (Revision:) Printed On: 7/3/2023 1 IF City of Miami City Hall tr „~ Legislation 3500 Pan Ameican Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14185 File Number: 13865 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 "75-0," URBAN CENTER ZONE - OPEN, TO "76-8-0," URBAN CORE ZONE - OPEN, OF THE PROPERTY LOCATED AT APPROXIMATELY 3500 AND 3526 NORTH MIAMI 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, Mr. Arthur Noriega V, City Manager of the City of Miami, ("Applicant") requested a change in zoning designation on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") from 75-0," Urban Center Transect Zone — Open, to 76-0," Urban Core Transect Zone — Open, for the parcels generally located at 3500 and 3526 North Miami Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"); and WHEREAS, the Applicant submitted all necessary information to change the zoning classification of the Property from 75-0," Urban Center Transect Zone — Open, to 76-8-0," Urban Core Transect Zone — Open; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 9,000 square feet (0.2 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation on the Miami Comprehensive Neighborhood Plan ("MCNP") of the Property is General Commercial; and WHEREAS, the request to rezone the Property from 75-0," Urban Center Transect Zone — Open, to 76-8-0," Urban Core Transect Zone — Open, is consistent with the Property's existing future land uses ("FLU") of General Commercial, therefore, a concurrent Comprehensive Plan Amendment is not required; and WHEREAS, the Property is currently developed with a two-story building, constructed in approximately 1945 and is bordered by Residential and Commercial Uses; and WHEREAS, the Property is bounded by abutting property 3530 North Miami Avenue to the north, Northwest 35th Street to the south, North Miami Avenue to the east, and an alley to the west; and City of Miami File ID: 13865 (Revision:) Printed On: 7/3/2023 WHEREAS, the Property is located in a portion of the Wynwood Norte Neighborhood Revitalization District ("NRD-2") neighborhood where there are a variety of zoning designations, Commercial Uses, and housing types; and WHEREAS, the property was zoned "C-2," Liberal Commercial, under the previous 11000 Zoning Code; and WHEREAS, the proposed rezone would bring the Property in line with the adopted Wynwood Notre Community Vision Plan (2019), which proposed 76-8-0," Urban Core Transect Zone — Open; and WHEREAS, there was an omission, and the City inadvertently included the Property within the 75," Urban Center Transect Zone - Open; and WHEREAS, the proposed 76-8-0," Urban Center Transect Zone — Open, classification would result in higher intensity and taller development; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Code, the request to change the zoning classification of the Property is consistent with the goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code, there is an established need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code, the proposed change is being made to the next intensity Transect Zone and in a manner which maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in Intensity and Building Height; and WHEREAS, the Planning Department recommended approval of the rezoning application from 75-0," Urban Center Transect Zone — Open, to 76-8-0," 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-23-038 by a vote of seven to zero (7-0), Item No. PZAB.3, recommending approval of the proposed zoning change; and WHEREAS, the City Commission has given full considerations to the Planning Department's recommendations and held a 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, 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: City of Miami File ID: 13865 (Revision:) Printed On: 7/3/2023 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 City Commission approves the request to amend 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 75-0," Urban Center Transect Zone — Open, to 76-8-0," Urban Core Transect Zone — Open, for the property located at approximately 3500 and 3526 North Miami 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 ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS 1 i ria i : nd- e[y Nttor iey 5/5f2023 ' 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: 13865 (Revision:) Printed On: 7/3/2023