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HomeMy WebLinkAboutO-14102City of Miami Ordinance 14102 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12226 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, BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, AND "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5 STREET AND 1610 NORTHWEST 6 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 located at 1641, 1649, and 1651 Northwest 5 Street, Miami, Florida ("Property A") has a zoning designation of "T5-L", Urban Center Transect Zone - Limited; and WHEREAS, the property located at 1680 Northwest 5 Street and 1610 Northwest 6 Street, Miami, Florida ("Property B") has a zoning designation of "Cl" Civic Institution Zone ("Property A" and "Property B" collectively referred to as "Property"); and WHEREAS, the Property is more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, the Property subject to this application consists of five (5) parcels and is 4.195 ± acres in size; and WHEREAS, Property A contains 22,500 square feet and Property B contains 160,231 square feet for a total of approximately 182,731 square feet (4.195 acres); and WHEREAS, the Property is owned by the City of Miami and is located in the Little Havana neighborhood, immediately adjacent to the baseball stadium; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the Applicant submitted a request to change the zoning classification of the Property from "T5-L" Urban Center Transect Zone — Limited, and "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone; and WHEREAS, the Applicant submitted this request to comply with Parks, Recreation, and Open Spaces Policy PR-2.1.1 of the MCNP, the City's no -net -loss policy for public park land, in conjunction with the Miami Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and City of Miami Page 1 of 3 File ID: 12226 (Revision: B) Printed On: 6/20/2025 File ID: 12226 Enactment Number: 14102 WHEREAS, the FLUM designation for Property A is "Medium Density Restricted Commercial" and the FLUM designation for Property B is "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22- 14680) to change the future land use designation of the Property to "Public Parks and Recreation"; and WHEREAS, the Property is currently undeveloped and is bordered by sports and residential uses; and WHEREAS, the Property is generally bounded by Northwest 6 Street to the north, Northwest 4 Street to the south, the Marlins baseball stadium to the east, and Northwest 17 Avenue to the west; and WHEREAS, Property A was zoned R-3 and Property B was zoned Gil, 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 WHEREAS, the zoning change 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 MCNP, including Objective PR-1.1 intent of providing a park within a ten (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 rezoning of the Property 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 T5-L", Urban Center Transect Zone — Limited, and "Cl", Civic Institution Zone, to "CS", Civic Space 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-22-032 by a vote of eight to one (8-1), Item No. PZAB.13, 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 WHEREAS, City Commission has given full consideration to the Planning Department recommendation; and City of Miami Page 2 of 3 File ID: 12226 (Revision: B) Printed on: 6/20/2025 File ID: 12226 Enactment Number: 14102 WHEREAS, City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, City Commission has considered the goals, objectives, and policies of the 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 amended by changing the zoning classification from "T5-L", Urban Center Transect Zone — Limited, to "CS", Civic Space Transect Zone, for the property generally located at 1641, 1649, and 1651 Northwest 5 Street, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated. Section 3. The Zoning Atlas of the Miami 21 Code is further amended by changing the zoning classification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone, for the property generally located at 1680 Northwest 5 Street and 1610 Northwest 6 Street, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated. 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. 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.1 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 8/23/2022 ndez, ity Httorley 6/14/2023 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: 12226 (Revision: B) Printed on: 6/20/2025