Loading...
HomeMy WebLinkAboutO-14277City of Miami Ordinance 14277 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15532 Final Action Date: 4/25/2024 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 "T3-O," SUB- URBAN TRANSECT ZONE - OPEN, TO "CS," CIVIC SPACE ZONE, OF THE PROPERTY GENERALLY LOCATED AT 1320 SOUTHWEST 21 STREET, 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 in generally located at 1320 Southwest 21 Street, Miami, Florida ("Property"), and is zoned "T3-O," Sub -Urban Transect Zone — Open; and WHEREAS, Arthur Noriega, V, the City Manager acting on behalf of the City of Miami ("Applicant") has submitted a request to change the zoning classification from "T3-O," Sub - Urban Transect Zone — Open, to "CS," Civic Space Zone for the Property; and WHEREAS, the Property is one parcel totaling approximately 7,595 square feet (0.17 acres) of land; WHEREAS, the Future Land Use Map ("FLUM") designation is Duplex Residential; and WHEREAS, the request to rezone from "T3-O," Sub -Urban Transect Zone — Open, to "CS," Civic Space Zone, is inconsistent with the Property's existing Future Land Use ("FLU") of Duplex Residential, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application under PZ-23-17142; and WHEREAS, the application to amend the FLUM of the Miami Comprehensive Neighborhood Plan ("MCNP") under PZ-23-17142 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- 23-17142 is consistent with the proposed zoning of "CS," Civic Space Zone; and WHEREAS, the Property is currently undeveloped vacant land and is bordered by single-family and multifamily residential uses; and WHEREAS, the Property is bounded by single-family residential use to the north, multifamily residential use to the south, single family residential use to the east, and duplex residential to the west; and WHEREAS, Property is located in a portion of the Little Havana neighborhood where there is a variety of zoning designations, commercial uses, and housing types; and City of Miami Page 1 of 3 File ID: 15532 (Revision:) Printed On: 5/6/2024 File ID: 15532 Enactment Number: 14277 WHEREAS, the property was zoned "R-2" under Ordinance No. 11000, the previous 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 a Rezone of the Property from "T3-O," Sub -Urban Transect Zone — Open, to "CS," Civic Space Zone, is consistent with and helps further the Goals, Objectives, and Policies of the MCN P; and WHEREAS, this request to Rezone the Property is consistent with the City of Miami's MCNP Policy LU-1.3.15 intent to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, this 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 Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the proposed 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 Zoning designation is a lesser Transect Zone from the existing "T3-O," Sub -Urban Transect Zone — Open, 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 "T3-O," Sub -Urban Transect Zone — Open, to the "CS," Civic Space Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February 7, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24- 008 by a vote of eight to zero (8-0), Item No. PZAB.11, recommending approval of the change of zoning; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department recommendation; and WHEREAS, the 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 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 "T3-O," Sub -Urban Transect Zone — Open, to "CS," Civic Space Zone, City of Miami Page 2 of 3 File ID: 15532 (Revision:) Printed on: 5/6/2024 File ID: 15532 Enactment Number: 14277 for the property generally located at 1320 Southwest 21 Street, 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 163.3187(5)(c), Florida Statutes., APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 3/5/2024 1 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: 15532 (Revision:) Printed on: 5/6/2024