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HomeMy WebLinkAboutPZAB (15453) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-007 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15453 Date Rendered: 4/15/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 generally located at 1320 Southwest 21 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") is zoned "T3-O," Sub -Urban 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, Arthur Noriega, V, the City Manager acting on behalf of the City of Miami ("Applicant") submitted a request to change the zoning classification of the Property from "T3- 0," Sub -Urban Transect Zone — Open, to "CS," Civic Space Zone; and WHEREAS, the Property is one parcel totaling approximately 7,595 square feet (0.17 acres) of land; and WHEREAS, the Future Land Use Map designation is Duplex Residential; and WHEREAS, the request to rezone from "T3-0," 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 Future Land Use Map ("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 Date Rendered: 4/15/2024 City of Miami Page 1 of 3 File ID: 15453 (Revision:) Printed On: 4/15/2024 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, the 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 WHEREAS, the Property was zoned "R-2" under the previous 11000 Zoning Code, which permitted 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 Miami 21 Code, Article 7, Section 7.1.2.8.f1(a) in that rezoning 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 MCNP; and WHEREAS, this request to rezone the Property is consistent with the MCNP Policy LU- 1.3.15 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 Miami 21 Code, Section 7.1.2.8.f.1; 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 Miami 21 Code, Section 7.1.2.8.f.1; and WHEREAS, the proposed application is consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.2 in that the proposed "CS," Civic Space Zone, 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.; and WHEREAS, the proposed rezoning is deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the City Planning Department recommends approval of the rezoning application from "T3-O," Sub -Urban Transect Zone — Open, to the "CS," Civic Space Zone; and WHEREAS, Planning, Zoning and Appeals Board ("PZAB") gave consideration to the need and justification for the proposed zoning change, including changing and changed conditions that make the passage of the proposed zoning change necessary; and WHEREAS, PZAB 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 RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 2 of 3 File ID: 15453 (Revision:) Printed On: 4/15/2024 Section 2. The Planning, Zoning and Appeals Board ("PZAB") recommends that the City Commission approve the request to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "T3-O," Sub -Urban Transect Zone — Open, to "CS," Civic Space Zone, for the property generally located at 1320 Southwest 21 Street, Miami, Florida, as more particularly 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 Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: David Snow City of Miami Page 3 of 3 File ID: 15453 (Revision:) Printed On: 4/15/2024