HomeMy WebLinkAboutO-14205City of Miami
` Ordinance 14205
Legislation
File Number: 13974
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2023
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 "73-0," SUB-
URBAN TRANSECT ZONE - OPEN, TO "CS," CIVIC SPACE ZONE, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3699 SOUTHWEST 1 AVENUE
AND 3701 SOUTHWEST 1 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, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant"),
submitted a request to change the zoning classification from 73-0," Sub -Urban Transect Zone
— Open, to "CS," Civic Space Zone, of the property located at approximately 3699 Southwest 1
Avenue and 3701 Southwest 1 Avenue, Miami, Florida (collectively, "Property"); and
WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately
30,042 square feet (0.689 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation is Duplex — Residential;
and
WHEREAS, the request to rezone the Property from the 73-0," Sub -Urban Transect
Zone — Open, to the "CS," Civic Space Zone, is inconsistent with the Property's existing future
land uses ("FLU") of "Duplex — Residential"; therefore, a concurrent Miami Comprehensive
Neighborhood Plan ("MCNP") amendment is required and has been submitted as a companion
application PZ-22-15757; and
WHEREAS, the application to amend the FLUM of the MCNP under PZ-22-15757 would
amend the FLU of the Property from "Duplex — Residential" to "Public Parks and Recreation";
and
WHEREAS, the proposed FLU designation of "Public Parks and Recreation" under PZ-
22-15757 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 and
multi -family residential uses; and
WHEREAS, the Property is bounded by Southwest 1 Avenue to the north, South Dixie
Highway to the south, a multi -family residential parcel to the east, and a single-family residential
parcel to the west; and
City of Miami Page 1 of 3 File ID: 13974 (Revision:) Printed On: 811112023
File ID: 13974 Enactment Number: 14205
WHEREAS, Property is located in a portion of the East Shenandoah neighborhood
where there are not a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the Property was zoned "R-2" under the previous 11000 Zoning Code,
which permitted eighteen (18) dwelling units per acre; and
WHEREAS, the proposed "CS" Civic Space Zone classification would result in lower
Intensity and Density; and
WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1.(a) of the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), in that the
rezone of the Property from 73-0," Sub -Urban Transect Zone — Open, to "CS," Civic Space
Zone, is consistent with and helps further the Goals, Objectives, and Policies of the MCNP; and
WHEREAS, this request to rezone the Property is consistent with MCNP Goal PR-1 to
provide sufficient opportunities for active and passive recreation to all City of Miami ("City")
residents based on access to parks, recreation and open space, per capita park funding, and
regular surveys of residents on park and recreation needs; and
WHEREAS, this request to rezone the Property is consistent with the MCNP Objective
PR-1.1 to provide a park within a ten (10) minute walk of every resident; and
WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1.(b) of the
Miami 21 Code in that there is a need for more public parks and open spaces in the surrounding
area as this location is not served by any existing park service areas and developing the
Property into a public park would provide a new park within a ten-minute barrier -free walk to
residential units that currently have no parks within walking distance as required by Levels of
Service (LOS) defined in the MCNP, deeming the changes necessary and consistent; and
WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami
21 Code in that the proposed "CS," Civic Space Zone, is a lesser Transect Zone from the
existing 73-0," Sub -Urban Transect Zone — Open, and is therefore successional under Article
7, the Section 7.1.2.8.a. definition of Successional Zoning; and
WHEREAS, the Planning Department, after review and analysis, recommends approval
of the rezoning application from 73-0," Sub -Urban Transect Zone — Open, to the "CS," Civic
Space Zone; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May 3,
2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-050 by a vote
of ten to zero (10-0), Item No. PZAB. 4, recommending approval of the Zoning Change; 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 City Commission has considered the Planning Director's
recommendation; and
WHEREAS, due consideration has been given to the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
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WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, after careful consideration of this matter, it is deemed advisable and in the
best interest of the general welfare of the City and its inhabitants to grant this zoning change as
set forth herein;
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 the Miami 21 Code is hereby amended by changing the
zoning classification from 73-0," Sub -Urban Transect Zone — Open, to the "CS," Civic Space
Zone, for the property located at approximately 3699 Southwest 1 Avenue and 3701 Southwest
1 Avenue, Miami, Florida, as described in "Exhibit A," attached and incorporated.
Section 3. 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:
i ria i ndez, Cify Nttor iey 5/24/2023
' 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.
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