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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14205 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 "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. LOCATION: Approximately 3699 SW 1 Avenue and 3701 SW 1 Avenue APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: This will change the above property from 73- O" Sub -Urban Transect Zone - Open to "CS" Civic Space Zone FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On May 3, 2023, recommended approval by a vote of 10-0. City of Miami File ID: 13974 (Revision:) Printed On: 811112023 City of Miami City Hall Legislation 3500 Pan Ameican Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14205 File Number: 13974 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 File ID: 13974 (Revision:) Printed On: 811112023 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 WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami 21 Code; and City of Miami File ID: 13974 (Revision:) Printed On: 811112023 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 1 i ria i : ndez, City Attor 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. City of Miami File ID: 13974 (Revision:) Printed On: 811112023