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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14091 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12302 Final Action Date: 911312022 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- R" SUB- URBAN TRANSECT ZONE — RESTRICTED TO "CS" CIVIC SPACE ZONE FOR THE PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the site is generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, and is zoned "T3-R" Sub -Urban Transect Zone -Restricted"; and WHEREAS, Arthur Noriega, V, City Manager acting on behalf of the City of Mrr mi ("Applicant") has submitted a request to change the zoning classification from "T3-R" Aub- ban Transect Zone -Restricted for 600 Southwest 63 Avenue, 610 Southwest 63 Avenuc.b1 7) Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida (collectively the "Pa -overt); C7 and -71 ca f-rl 3 c-) WHEREAS, the Property is an assemblage of four parcels totaling approxin ly 3 10 'r1 square feet (0.78 acres) of land; and m p WHEREAS, the Future Land Use Map designation is "Single -Family Residenlal"; Ed WHEREAS, the request to rezone the Property from the "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone is inconsistent with the Property's existing Future Land Use designation ("FLU") of "Single -Family Residential", therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-21-11843; and WHEREAS, the application to amend the Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP) under PZ-21-11843 would amend the FLU of the Property from "Single -Family Residential" to "Public Parks and Recreation"; and WHEREAS, the proposed FLU designation of "Public Parks and Recreation" under companion item PZ-21-11843 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 residential uses; and City of Miami Page 1 of 3 File ID: 12302 (Revision: A) Printed On: 4/13/2023 12302 - Legislation -SUB File ID: 12302 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14091 WHEREAS, the Property is bounded by Southwest 6th Street to the north, single-family residential parcels to the south, Southwest 63rd Avenue to the east and Southwest 63rd Court to the west; and WHEREAS, the Property is located in a portion of the Fairlawn neighborhood where there are not a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned R-1 under Ordinance No. 11000, the previous Zoning Code, which permitted 9 dwelling units per acre; and WHEREAS, the proposed rezoning of the Property to "CS" Civic Space Zone would result in reduction of intensity and density; and WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f1(a) in that the Rezone of the Property from "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone is consistent with and helps further the Goals, Objectives, and Policies of the MCNP; and WHEREAS, the request to Rezone the Property from "T3-R" Sub -Urban Transect Zone - Restricted to "CS" Civic Space Zone is consistent with the MCNP Policy LU-1.3.15 intent to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including housing and recreation close to each other; and WHEREAS, the 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, Section 7.1.2.8.f.1; and o N T -n w WHEREAS, the request to Rezone the Property is consistent with the criterjaigunalw Miami 21, Article 7, Section 7.1.2.8.f1(b) in that there is a need for more public park:54nd Rien rr1 spaces in the surrounding area as this location is not served by any existing park s v4ce areas and developing the Property into a public park would provide a new park within a teidtainui'e barrier -free walk to 501 residential units that currently have no parks within walking iRangas7:66 required by Levels of Service (LOS) defined in the MCNP, deeming the changes nesarnc consistent; and r •• rn o WHEREAS, the request to Rezone the Property complies with Miami 21, Article 7, Section 7.1.2.8.f.2 criteria, in that the proposed "CS" Civic Space Zone is a lesser Transect Zone from the existing "T3-R" Sub -Urban Transect Zone -Restricted 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 Tight of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-022 by a vote of nine to zero (9-0), Item No. PZAB. 10, recommending approval of the Zoning Change; and City of Miami Page 2 of 3 File ID: 12302 (Revision: A) Printed on: 4/13/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12302 Enactment Number: 14091 WHEREAS, City Commission has considered the Applicant's justification as well as the Planning Department recommendation; and WHEREAS, 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 COMMISSION 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. Section 2. The Zoning Atlas of the Miami 21 Code, is amended by changing the zoning classification from "T3-R," Sub -Urban Transect Zone -Restricted, to "CS," Civic Space Zone, for the Property generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, 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 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey o ^, *s-1 N c-sm 445 3/20= — C) CAI rn = Fri r O rn o 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: 12302 (Revision: A) Printed on: 4/13/2023 SUBSTITUTED City of Miami Ordinance Legislation File Number: 12302 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Actio AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING TH ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDIN THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE" CHANGING THE ZONING CLASSIFICATION FROM "T3- R" SU TRANSECT ZONE — RESTRICTED TO "CS" CIVIC SPACE ZO PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT SOUTHWEST 63 COURT, MIAMI, FLORIDA, MORE PA DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CO SEVERABILITY CLAUSE; AND PROVIDING FOR A WHEREAS, the site is generally located at 600 Sout 63 Avenue, 601 Southwest 63 Court, and 615 Southwest "T3-R" Sub -Urban Transect Zone -Restricted"; and ate: CE OF , BY URBAN E FOR THE AVENUE, 610 ND 615 ICULARLY AINING A FFECTIVE DATE. est 63 Avenue, 610 Southwest Court, Miami, Florida, and is zoned WHEREAS, Arthur Noriega, V, City Manager -cting on behalf of the City of Miami ("Applicant") has submitted a request to change th zoning classification from "T3-R" Sub -Urban Transect Zone -Restricted for 600 Southwest 63 venue, 610 Southwest 63 Avenue, 60 ,.,, Southwest 63 Court, and 615 Southwest 63 C -urt, Miami, Florida (collectively the "Prooerta and r+t a WHEREAS, the Property is an a- emblage of four parcels totaling approximgRly 34-102( ) square feet (0.78 acres) of land; and 3 hYi W t?l is —v -C WHEREAS, the Future La r . Use Map designation is "Single -Family Residela�"; pd r •• WHEREAS, the reque to rezone the Property from the "T3-R" Sub -Urban T m seg Zone -Restricted to "CS" Civ' Space Zone is inconsistent with the Property's existing -Future Land Use designation ("F ") of "Single -Family Residential", therefore, a concurrent Comprehensive Plan A ' endment is required and has been submitted as a companion application PZ-21-118 3; and WHEREA , the application to amend the Future Land Use Map (FLUM) of the Miami Comprehensive eighborhood Plan (MCNP) under PZ-21-11843 would amend the FLU of the Property from ingle-Family Residential" to "Public Parks and Recreation"; and W REAS, the proposed FLU designation of "Public Parks and Recreation" under compa '•n item PZ-21-11843 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 sidential uses; and City of Miami Page 1 of 3 File ID: 12302 ( ) Printed On: 4/13/2023 SUBSTITUTED File ID: 12302 Enactment Number: 14091 WHEREAS, the Property is bounded by Southwest 6th Street to the north, single-family residential parcels to the south, Southwest 63rd Avenue to the east and Southwest 63rd Court to the west; and WHEREAS, the Property is located in a portion of the Fairlawn neighborhood wher there are not a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned R-1 under Ordinance No. 11000, the pr= ious Zoning Code, which permitted 9 dwelling units per acre; and WHEREAS, the proposed rezoning of the Property to "CS" Civic Space one would result in reduction of intensity and density; and WHEREAS, the request is consistent with Miami 21, Article 7, Seion 7.1.2.8.f1(a) in that the Rezone of the Property from "T3-R" Sub -Urban Transect Zon -estricted to "CS" Civic Space Zone is consistent with and helps further the Goals, Objectiv-:, and Policies of the MCNP; and WHEREAS, the request to Rezone the Property from " -R" Sub -Urban Transect Zone - Restricted to "CS" Civic Space Zone is consistent with the M NP Policy LU-1.3.15 intent to encourage a development pattern that enhances existing -ighborhoods by developing a balanced mix of uses including housing and recreation c •se to each other; and WHEREAS, the request to Rezone the Prop= y is consistent with the MCNP Objective PR-1.1 intent of providing a park within a 10-minut- walk of every resident, which makes the request consistent with the rezoning criteria of - mi 21, Section 7.1.2.8.f.1; and WHEREAS, the request to Rezone t - Property is consistent with the criteria gunl Miami 21, Article 7, Section 7.1.2.8.f1(b) i hat there is a need for more public parl@fnden� spaces in the surrounding area as this I. ation is not served by any existing park service VaTTl and developing the Property into a pu • lc park would provide a new park within a t$nin dD barrier -free walk to 501 residential u ' Its that currently have no parks within walkingr4istance a required by Levels of Service (LO defined in the MCNP, deeming the changes r cissi ar consistent; and m WHEREAS, the requ st to Rezone the Property complies with Miami 21, Ar5CIe A"' Section 7.1.2.8.f.2 criteria 'n that the proposed "CS" Civic Space Zone is a lesser Transect Zone from the existing " -R" Sub -Urban Transect Zone -Restricted and is therefore Successional under A cle 7, Section 7.1.2.8.a.'s definition of Successional Zoning; and WHEREA , the proposed zoning change can be deemed appropriate in Tight of the intent of the Mia► i 21 Code; and WH EAS, the Planning Department recommends approval of the rezoning application from "T3-'' Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone; and HEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6, 202 , following an advertised public hearing, adopted Resolution No. PZAB-R- 22-022 by a vote of ine to zero (9-0), Item No. PZAB. 10, recommending approval of the Zoning Change; and WHEREAS, City Commission has considered the Applicant's justification as well as the Planning Department recommendation; and City of Miami Page 2 of 3 File ID: 12302 ( ) Printed on: 4/13/2023 File ID: 12302 SUBSTITUTED Enactment Number: 14091 WHEREAS, 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 COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resol on 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 amended by chging the zoning classification from "T3-R," Sub -Urban Transect Zone -Restricted, to "CS," Civ Space Zone, for the Property generally located at 600 Southwest 63 Avenue, 610 Southwe 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, as de ribed in "Exhibit A," attached and incorporated. Section 3. If any section, part of a section, paragraph, cia : e, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Or finance shall not be affected. Section 4. This Ordinance shall become effective thi► -one (31) days after second reading and adoption thereof, pursuant and subject to Sec n 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ria—� -- dez, i y ttor ey 7/19 022 Co. Y1 c-) re" CD V— iT C) 3 -t r- n N Fri 4f 0 I` ) 43 Fri rn ' T is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ys 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: 12302 ( ) Printed on: 4/13/2023