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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 14096 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12220 Final Action Date: 9/13/2022 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 "Cl", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615 NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at two (2) parcels at 2735 Northwest 10 Avenue and 2615 Northwest 8 Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"), is zoned "Cl" Civic Institution Zone; and WHEREAS, the Property contains approximately 2.662 acres; and o r.a -n es w c-� m Z7 WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami pli it")m has submitted a request to change the zoning classification of the Property from "CIo $ivic-71 C) Institution Transect Zone, to "CS", Civic Space Transect Zone; and -" `1 3: Fri WHEREAS, the Applicant submitted this request to comply with Parks, Recrratiommnd Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan, the y of• Miami's ("City") no -net -loss policy for public park land, in conjunction with the Miami ec-I Park Special Area Plan (ePlan ID PZ-20-6114); and WHEREAS, the Future Land Use Map ("FLUM") designation for the Property is "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22- 14682) to amend the land use designation of the Property; and WHEREAS, the Property is currently developed with a derelict structure and is bordered by military and residential uses; and WHEREAS, the Property is bounded by Northwest 28 Street to the north, Northwest 10 Avenue to the west, Northwest 8 Avenue to the east, and public housing to the south; and WHEREAS, the Property was zoned G/I, Government and Institutional, under Ordinance No. 11000, the previous Zoning Code of the City of Miami, Florida, as amended; and WHEREAS, the proposed "CS", Civic Space Transect Zone would result in a decrease in allowed development intensity; and City of Miami Page 1 of 3 File ID: 12220 (Revision: A) Printed On: 5✓11/2023 12220 - Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12220 Enactment Number: 14096 WHEREAS, the application is consistent with Section 7.1.2.8(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), as the request is for a rezone to a lower Transect Zone; and WHEREAS, the request to rezone the Property is consistent with the Miami 21 Code and the Miami Comprehensive Neighborhood Plan ("MCNP"), including Objective PR-1.1 intent of providing a park within a 10-minute walk of every resident, compliance with the rezoning criteria found in Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the zoning change is consistent with Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the zoning change is deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 20, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-026 by a vote of eight to one (8-1), Item No. PZAB.7, recommending approval of the Zoning Change and requesting that the City's Parks and Recreation Department report to PZAB during its meetings every January and July of every year until the park is completed to provide a status of the park improvements and a timeframe as to when the park will be usable as a park by the public; and O N WHEREAS, City Commission has given full consideration to the Planning Depame recommendation; andrri WHEREAS, City Commission has considered the need and justification for thropesed change, including changed or changing conditions that make the passage of the prtitrsed" f? change necessary; and 30. - WHEREAS, City Commission has considered the goals, objectives, and polies otfhe MCNP, 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 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 "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone, for the property located at 2735 Northwest 10 Avenue and 2615 Northwest 8 Avenue, 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. City of Miami Page 2 of 3 File ID: 12220 (Revision: A) Printed on: 5/11/2023 File ID: 12220 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14096 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: na dez, ity ttor 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: 12220 (Revision: A) Printed on: 5/11/2023 SUBSTITUTED City of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 12220 Final Actio AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING T ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDI THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 COD CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZON PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENU NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE P DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CON SEVERABILITY CLAUSE; AND PROVIDING FOR AN Date: NCE OF , BY STITUTION , OF THE ND 2615 RTICULARLY AINING A FECTIVE DATE. WHEREAS, the property located at two (2) parcels at 35 Northwest 10 Avenue and 2615 Northwest 8 Avenue, Miami, Florida, as more particuly described in the attached and incorporated Exhibit "A" ("Property"), is zoned "Cl" Civic I . itution Zone; and WHEREAS, the Property contains approximat= y 2.662 acres; and WHEREAS, Arthur Noriega V, City Manag , on behalf of the City of Miami ("Applicant") has submitted a request to change the zoning c : ssification of the Property from "Cl", Civic Institution Transect Zone, to "CS", Civic Spac= ransect Zone; and WHEREAS, the Applicant submitt Open Spaces Policy PR-2.1.1 of the Mi Miami's ("City") no -net -loss policy for -cig. p this request to comply with Parks, Recre„an, it i Comprehensive Neighborhood Plan, the 8Qy o blic park land, in conjunction with the Miami grsedam CD Park Special Area Plan (ePlan ID P -20-6114); and v r� WHEREAS, the Future : nd Use Map ("FLUM") designation for the Propert y"Ma6r T1 Institutional, Public Facilities, ansportation, and Utilities"; and P N 0 WHEREAS, there a concurrent Comprehensive Plan Amendment application (PL 22- 14682) to amend the la • use designation of the Property; and WHEREAS, e Property is currently developed with a derelict structure and is bordered by military and re '.ential uses; and WHE ' AS, the Property is bounded by Northwest 28 Street to the north, Northwest 10 Avenue to t - west, Northwest 8 Avenue to the east, and public housing to the south; and No. 1 EREAS, the Property was zoned Gil, Government and Institutional, under Ordinance 00, the previous Zoning Code of the City of Miami, Florida, as amended; and WHEREAS, the proposed "CS", Civic Space Transect Zone would result in a decrease allowed development intensity; and City of Miami Page 1 of 3 File ID: 12220 (Revision:) Printed On: 5/11/2023 SUBSTITUTED File ID: 12220 Enactment Number: 14096 WHEREAS, the application is consistent with Section 7.1.2.8(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), as the request is for a rezone to a lower Transect Zone; and WHEREAS, the request to rezone the Property is consistent with the Miami 21 Cod: and the Miami Comprehensive Neighborhood Plan ("MCNP"), including Objective PR-1.1 inter of providing a park within a 10-minute walk of every resident, compliance with the rezonin criteria found in Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the zoning change is consistent with Section 7.1.2.8.f.1(b) of e Miami 21 Code; and WHEREAS, the zoning change is deemed appropriate in light of the ntent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval the rezoning application from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Tra ect Zone; and WHEREAS, the Planning, Zoning and Appeals Board ( • B"), at its meeting on July 20, 2022, following an advertised public hearing, adopted Re olution No. PZAB-R-22-026 by a vote of eight to one (8-1), Item No. PZAB.7, recommendin. - pproval of the Zoning Change and requesting that the City's Parks and Recreation Departm t report to PZAB during its meetings every January and July of every year until the park is c• pleted to provide a status of the park improvements and a timeframe as to when the park I be usable as a park by the public; and WHEREAS, City Commission has given f . I consideration to the Planning Department recommendation; and o N WHEREAS, City Commission has •nsidered the need and justification forthen-opaled change, including changed or changing •nditions that make the passage of the proed21. change necessary; and -< WHEREAS, City Commissi• has considered the goals, objectives, and pol ias of tKie MCNP, the Miami 21 Code, and I other City regulations;=+ lrl NOW, THEREFORE :E IT ORDAINED BY THE COMMISSION OF THE MIAMI, FLORIDA: Section 1. The ecitals and findings contained in the Preamble to this Ordinance are adopted by referenc: and incorporated as if fully set forth in this Section. Section The Zoning Atlas of the Miami 21 Code is hereby amended by changing the zoning classifi :tion from "CI", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone, for the .roperty located at 2735 Northwest 10 Avenue and 2615 Northwest 8 Avenue, Miami, Flo da, as described in Exhibit "A", attached and incorporated. Ordi ection 3. If any section, part of a section, paragraph, clause, phrase, or word of this nce is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 2 of 3 File ID: 12220 (Revision:) Printed on: 5/11/2023 SUBSTITUTED File ID: 12220 Enactment Number: 14096 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: 1 his Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ays 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: 12220 (Revision:) Printed on: 5/11/2023