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HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01180ze5 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO, 13114, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE TRANSECT ZONE - 24 - OPEN TO "T6-36B-O" URBAN CORE TRANSECT ZONE - 36B - OPEN IN THE AREA GENERALLY BOUNDED BY NORTHEAST 20TH TERRACE TO THE NORTH, NORTHEAST 2ND AVENUE TO THE WEST, NORTHEAST 17TH TERRACE TO THE SOUTH, AND NORTHEAST 4TH AVENUE TO THE EAST, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.B.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FORA REZONING PURSUANT TO SECTION 7.1.2.8.G.5, FURTHER DIRECTING THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING LAND USE CHANGE ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP (FLUM); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 18, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-041 by a vote of ten to zero (10-0), item no. 10, recommending APPROVAL of the Zoning Change as set forth; and WHEREAS, the resulting Zoning Changes approved through the City's Biennial Evaluation of the Miami 21 Atlas, pursuant to Section 7.1.2.8.b.2, shall not prohibit, prevent or limit owners of affected properties identified herein from applying for a rezoning pursuant to Section 7.1.2.8.g.5; and WHEREAS, the proposed change will create greater consistency with the City's Comprehensive Plan Future Land Use Map and the Zoning Atlas; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File Id: 12-01180zc5 (Version: 3) Printed On: 10/10/2013 File Number: 12-01180zc5 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 Ordinance No. 13114, is hereby amended by changing the zoning classification from "T6-24-0" Urban Core Transect Zone - 24 - Open to "T6-36B-O" Urban Core Transect Zone - 36B - Open in the area generally bounded by Northeast 20th Terrace to the north, Northeast 2nd Avenue to the west, Northeast 17th Terrace to the south, and Northeast 4th Avenue to the east; Miami, Florida, further identified in "Exhibit A", attached and incorporated. Section 3. The Planning and Zoning Department having conducted a biennial evaluation of the Miami 21 Atlas of the Zoning Ordinance, pursuant to Section 7.1.2.8.b.2, has found the changes to be appropriate and consistent with the development direction of the City of Miami's neighborhoods; resulting zoning changes approved through this biennial evaluation of the Miami 21 Atlas, pursuant to Section 7.1.2.8.b.2, shall not prohibit, prevent or limit owners of affected properties identified herein from applying for a rezoning pursuant to Section 7.1.2.8.g.5; further directing the Planning and Zoning Department to revert any accompanying Land Use Change adopted for any Zoning Change not approved in this Ordinance in order to maintain consistency between the Zoning Atlas of Ordinance No. 13114 and the Miami Comprehensive Neighborhood Plan, Future Land Use Map (FLUM). Section 4. 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 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof. {1 } APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 2 of 2 File Id: 12-01180zc5 (Version: 3) Printed On: 10/10/2013