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Home My WebLink About12-11-14 Legislation (v2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01201zc Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN SOUTH RIVER DRIVE, INTERSTATE 95 AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET AND THE NORTH OF MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, AS IDENTIFIED IN EXHIBIT "B", ENTITLED "PROPOSED ZONING AREA KEY MAP", EXCLUDING 129 SOUTHWEST 4TH AVENUE, 135 SOUTHWEST SOUTH RIVER DRIVE, RIVERSIDE PARK, AND JOSE MARTI PARK; MORE SPECIFICALLY: AREA A: SECTION A-1: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-O "URBAN CENTER TRANSECT ZONE -OPEN" FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN SOUTHWEST 1ST STREET AND SOUTHWEST 2ND STREET BETWEEN SOUTHWEST 5TH AVENUE AND THE MIAMI RIVER, INCLUDING THE SOUTH RIVER DRIVE HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, AND EXCLUDING THE PROPERTIES APPROXIMATELY LOCATED AT 129 SOUTHWEST 4TH AVENUE AND 135 SOUTHWEST SOUTH RIVER DRIVE; AND SECTION A-2: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO CI "CIVIC INSTITUTIONAL" FOR THE EASTERN 2.18 ACRES +/- PORTION OF THE PROPERTY APPROXIMATELY LOCATED AT 660 SOUTHWEST 3RD STREET, AKA "ADA MERRITT K-8 LEARNING CENTER"; AND SECTION A-3: CHANGE OF ZONING FROM CI "CIVIC INSTITUTIONAL" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" FOR THE PROPERTY APPROXIMATELY LOCATED AT 660 SOUTHWEST 4TH STREET, AKA "HOPE CENTER, INC"; AND SECTION A-4: CHANGE OF ZONING FROM T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" TO T6-8-O "URBAN TRANSECT ZONE -OPEN" FOR THE PROPERTIES FRONTING THE EAST SIDE OF SOUTHWEST 8TH AVENUE ALONG THE NORTH AND SOUTH SIDE OF SOUTHWEST 7TH STREET AS IDENTIFIED IN EXHIBIT "C"; AND SECTION A -A: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT City of Miami Page 1 of 4 File Id: 14-01201ze (Version: 2) Printed On: 11/26/2014 File Number: 14-01201zc ZONE -RESTRICTED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN NORTH OF MIDBLOCK OF SOUTHWEST 2ND STREET AND SOUTH OF MIDBLOCK SOUTHWEST 6TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND THE MIAMI RIVER AND INTERSTATE 95, EXCLUDING JOSE MARTI PARK, RIVERSIDE PARK, AND SECTION A-1, A-2, A-3, AND A-4; AND AREA B SECTION B-1: CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT ZONE -LIMITED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" AND T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" TO T6-8-O "URBAN TRANSECT ZONE -OPEN" FOR THE PROPERTIES FRONTING THE WEST SIDE OF SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND SOUTHWEST 7TH STREET INCLUDING 835 SOUTHWEST 7TH STREET, 822 SOUTHWEST 6TH STREET, AND 142ND SOUTHWEST 8TH AVENUE ALONG WITH THE PARCELS 639 SOUTHWEST 8TH AVENUE, 639 SOUTHWEST 8TH AVENUE 1 AND 775 SOUTHWEST 8TH STREET; AND SECTION B-2: CHANGE OF ZONING FROM T4-L "GENERAL URBAN TRANSECT ZONE -LIMITED" TO T5-L "URBAN CENTER TRANSECT ZONE -LIMITED" FOR THE PROPERTIES APPROXIMATELY LOCATED AT 1153 SOUTHWEST 2ND STREET, 128 SOUTHWEST 11TH AVENUE, 136 SOUTHWEST 11TH AVENUE, 1101 SOUTHWEST 2ND STREET, 1107 SOUTHWEST 2ND STREET, AND THE SOUTHERN PORTION OF THE LOT FRONTING SOUTHWEST 2ND STREET IDENTIFIED UNDER 1150 SOUTHWEST 1ST STREET; AND SECTION B-B: CHANGE OF ZONING FROM T4-R "GENERAL URBAN TRANSECT ZONE -RESTRICTED" TO T5-R "URBAN CENTER TRANSECT ZONE -RESTRICTED" FOR MULTIPLE PARCELS IN AN AREA GENERALLY BOUNDED BY THE NORTH MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH MIDBLOCK OF SOUTHWEST 6TH STREET, THE WEST MIDBLOCK OF SOUTHWEST 11TH TO SOUTHWEST 8TH AVENUE, EXCLUDING SECTION B-1 AND B-2; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 3, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (* *), item PZAB.5, recommending * of the Zoning Change as set forth; and WHEREAS, the Board, pursuant to Article 7, Section 7.1.2.8(b)(2&3) of Ordinance 13114, as amended, approved the request for a change of zoning as identified above; and WHEREAS, part of the bi-annual zoning comprehensive review, the Department seeks to align the area with a zoning designation that is appropriate with the current character and future City of Miami Page 2 of 4 File Id: 14-01201ze (Version: 2) Printed On: 11/26/2014 File Number: 14-01201zc development needs of the neighborhood pursuant to Exhibit "B"; and WHEREAS, the subject area was predominantly developed in the early 1900s as a suburban single-family neighborhood located west of downtown Miami as part of the Riverview and Lawrence Subdivision; and overtime the area experienced an economic decline and demographic shift, resulting in a discontinuity of uses and building types; and WHEREAS, due to the evolving market development trends, the area experienced a proliferation of multifamily residential buildings, and single-family homes modified and converted into multifamily dwellings and/or commercial establishments of which some are inconsistent with the underlying zoning or land use designation; and WHEREAS, in studying the patterns, uses, and building stock in the aforementioned area, the Planning and Zoning Department proposed a rezoning of the subject area as identified in Exhibit "B"; and WHEREAS, the proposed rezoning would align the area with a zoning designation that is appropriate with the current character and future development needs of the neighborhood; and WHEREAS, in addition the Department has identified an eclectic collection of intact building structures and city blocks that represent various styles of architecture, including, but not limited to, Mediterranean, Spanish, American Colonial, Bungalow and Craftsman west of Southwest 8th Avenue, as identified in Exhibit "B"; and said styles of architecture are indicative of the time period during which the area first developed; and WHEREAS, the Department is working with the Office of Historic Preservation to further identify and analyze the existing building inventory in accordance with Policy LU-2.1.1 and Goal LU-2 of the Miami Comprehensive Neighborhood Plan (MCNP); and WHEREAS, the requested zoning designations as proposed in Exhibit "B" are found to be inconsistent with the current MCNP designation as per Exhibit "C" entitled "Existing and Proposed Land Use"; however, the existing character and density of the area is consistent with the proposed land use modifications as proposed under the Comprehensive Plan, as such, staff has submitted a companion item under File ID 14-01201 Iu with this request to amend the land use designations for said parcels; and WHEREAS, it is found pursuant to the rezoning criteria under Article 7, Section 7.1.2.8(b)(2&3) of the Miami 21 Code as per the background section of the staff analysis change of zoning report which is hereby incorporated and its corresponding criteria by reference; and WHEREAS, it is found that the Riverview and Lawrence neighborhoods form part of the Little Havana NET Area, and over time the area developed in an inconsistent pattern; and said area is dotted with midrise multifamily residential buildings amongst single-family homes that were converted into multifamily and commercial structures; and WHEREAS, this has resulted in a discontinuity of uses and building types, some of which do not conform to the current underlying zoning and land use designations; in addition, a portion of the ADA Merritt K-8 Learning Center School is zoned T4-R versus CI and Hope Center Inc. is zoned CI versus T5-L; and as part of the biannual zoning comprehensive review, the Department seeks to align the area with a zoning designation that is appropriate with the current character and future City of Miami Page 3 of 4 File Id: 14-01201ze (Version: 2) Printed On: 11/26/2014 File Number: 14-01201zc development needs of the neighborhood pursuant to Exhibit "B"; and WHEREAS, staff finds the proposed rezoning to be successional and consistent with the goals of the Miami 21 Code as the proposal is compatible with the surrounding zoning districts; and WHEREAS, the proposed rezone will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed rezone conveys the same treatment to the individual owner as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; 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: 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, as amended, is further amended by changing the zoning classification as described in "Exhibit B", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. 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 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{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. Cit1' of Miami Page 4 of 4 File Id: 14-01201ze (Version: 2) Printed On: 11/26/2014