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HomeMy WebLinkAboutLegislation-SUBF; c,r''t rza WHEREAS, the property generally located at 3851 Rickenbacker Causeway; .Miami,. , Florida, as described in the attached and incorporated Exhibit "A" ("Property"), is zoned."CI,.� Civic Institution Transect Zone; and ._.. r rrl ry WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") submitted a request to change the zoning classification of the Property from "CI," Civic Institution Transect Zone, to "CS," Civic Space Transect Zone; and City of Miami Ordinance 14104 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12228 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 "CI," CIVIC INSTITUTION TRANSECT ZONE, TO "CS," CIVIC SPACE TRANSECT ZONE, OF REAL PROPERTY GENERALLY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN -i o EFFECTIVE DATE. WHEREAS, the Property is owned by the City of Miami ("City"); and WHEREAS, the Applicant submitted this request to comply with Parks, Recreation, and Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan ("MCNP"), the City of Miami's ("City") no -net -loss policy for public park land, in conjunction with the Miami Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and WHEREAS, the Property is one (1) parcel totaling approximately 342,343 square feet (7.859 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment application for the Property (PZ-22-14678); and WHEREAS, the Property is currently undeveloped and is bordered by municipal and conservation uses; and WHEREAS, the Property is located on Virginia Key and is not adjacent to any publicly accessible right-of-way and is generally bounded by a Miami -Dade County wastewater treatment facility to the east and City -owned conservation land to the north, west, and south; and City of Miami Page 1 of 3 File ID: 12228 (Revision: B) Printed On: 8,7/2023 rn 0 17) 12228 LLjisifroi1 -506 He ID: 12228 Enactment Number: 14104 WHEREAS, the Property was zoned Gil, Government and Institutional, under Ordinance No. 11000, the previous Zoning Code of the City of Miami, Florida, as amended, which was similar in intent to the "Cl" Zone; and WHEREAS, the proposed "CS," Civic Space Transect Zone, would result in a decrease in allowed development intensity; and 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 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 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-22-034 by a vote of six to three (6-3), Item No. PZAB.15, 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 WHEREAS, City Commission has considered the need and justification for the proposed f ••.� 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 policig-qf they MCNP, the Miami 21 Code, and all other City regulations; I rn v an NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CIF MIAMI, FLORIDA: r nr N Section 1. The recitals and findings contained in the Preamble to this Resoludihale 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 "CI," Civic Institution Transect Zone, to "CS," Civic Space Transect Zone, for a portion of property generally located at 3851 Rickenbacker Causeway, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 2 of 3 File ID: 12228 (Revision: B) Printed on: 8/7/2023 File ID: 12228 Enactment Number: 14104 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: Valentin .1 Alvarez Va en in J Ivarez, A mrnistrative ssis an 1 6/21/2023 NUCt6ria it dez, i y ttor 7/24/2023 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 3 File ID: 12228 (Revision: B) Printed on: 8/7/2023 a3lnllls9ns L ity Hall 3500 n Ameican Drive iami, FL 33133 .miamigov.com anal Action Date: ENDING THE NING ORDINANCE MIAMI 21 CODE"), OM "Cl", CIVIC SPACE TRANSECT °7 ATED AT 3851 r A, AS MORE --(;; r, o _ .C.< WHEREAS, the property generally locateat 3851 Rickenbacker Causeway, &a 0 Florida, as described in the attached and incor• • rated Exhibit "A" ("Property"), is zonR1" 4 Civic Institution Transect Zone; and City of Miami Legislation Ordinance Enactment Number File Number: 12228 AN ORDINANCE OF THE MIAMI CITY COMMISSION ZONING ATLAS OF ORDINANCE NO. 13114, THE Z OF THE CITY OF MIAMI, FLORIDA, AS AMENDED BY CHANGING THE ZONING CLASSIFICATION INSTITUTION TRANSECT ZONE, TO "CS", CIVI ZONE, OF REAL PROPERTY GENERALLY RICKENBACKER CAUSEWAY, MIAMI, FLO PARTICULARLY DESCRIBED IN EXHIBIT " INCORPORATED; MAKING FINDINGS; C CLAUSE; AND PROVIDING FOR AN EF ," ATTACHED AND NTAINING A SEVERABI CTIVE DATE. WHEREAS, the Property is owned -y the City of Miami ("City"); and WHEREAS, Arthur Noriega V, y Manager, on behalf of the City of Miami ("Applicant") submitted a request to change the zo c ng classification of the Property from "Cl", Civic Institution Transect Zone, to "CS", is Space Transect Zone; and WHEREAS, the Applican ubmitted this request to comply with Parks, Recreation, and Open Spaces Policy PR-2.1.1 • the Miami Comprehensive Neighborhood Plan ("MCNP"), the City of Miami's ("City") no-ne •ss policy for public park land, in conjunction with the Miami Freedom Park Special Area •Ian (ePlan ID PZ-20-6114); and WHEREAS, the operty is one (1) parcel totaling approximately 342,343 square feet (7.859 acres) of land; d WHEREAS, e Future Land Use Map ("FLUM") designation of the Property is "Major Institutional, Publi' acilities, Transportation, and Utilities"; and WHER S, there is a concurrent Comprehensive Plan Amendment application for the Property (PZ 2-14678); and WREAS, the Property is currently undeveloped and is bordered by municipal and conserv. lon uses; and WHEREAS, the Property is located on Virginia Key and is not adjacent to any publicly acc ssible right-of-way and is generally bounded by a Miami -Dade County wastewater tr:tment facility to the east and City -owned conservation land to the north, west, and south; d City of Miami File ID: 12228 (Revision:) Printed On: 8/30/2022 WHEREAS, the Property was zoned G/I, Government and Institutional, unr Ordinance No. 11000, the previous Zoning Code of the City of Miami, Florida, as amended, hich was similar in intent to the "Cl" Zone; and WHEREAS, the proposed "CS", Civic Space Transect Zone, would r sult in a decrease in allowed development intensity; and WHEREAS, the application is consistent with Section 7.1.2.8(a •f Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Mi i 21 Code"), as the request is for a rezone to a lower Transect Zone; and WHEREAS, the request to rezone the Property is consis ' t with the Miami 21 Code and the MCNP, including Objective PR-1.1 intent of providing a par within a 10-minute walk of every resident, compliance with the rezoning criteria found in '.ection 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the zoning change is consistent with .ection 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the zoning change is deemed - propriate in Tight of the intent of the Miami 21 Code; and WHEREAS, the Planning Department r ommends approval of the rezoning application from "Cl", Civic Institution Zone, to "CS", Civi• " pace Zone; and WHEREAS, the Planning, Zoning • d Appeals Board ("PZAB"), at its meeting on July 20, 2022, following an advertised public earing, adopted Resolution No. PZAB-R-22-034 by a vote of six to three (6-3), Item No. P '•.15, recommending approval of the Zoning Change and requesting that the City's Parks and - creation Department report to PZAB during its meetings every January and July of every ye• until the park is completed to provide a status of the park improvements and a timeframe a o when the park will be usable as a park by the public; and WHEREAS, City Com sion has given full consideration to the Planning Department recommendation; and WHEREAS, City • mmission has considered the need and justification for the proposed change, including chan• d or changing conditions that make the passage of the proposeq change necessary; an WHEREAS ity Commission has considered the goals, objectives, and policiOs f tII MCNP, the Miami 1 Code, and all other City regulations; NOW, ' EREFORE, BE IT ORDAINED BY THE COMMISSION OF THE C MIAMI, FLO 'A: X-C S= tion 1. The recitals and findings contained in the Preamble to this Resolu adopted •y reference and incorporated as if fully set forth in this Section. V i0F Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning cla .ification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone, for a 4ortion of property generally located at 3851 Rickenbacker Causeway, Miami, Florida, as ore particularly 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 File ID: 12228 (Revision:) Printed On: 8/30/2022 rn Section 4. This Ordinance shall become effective thirty-one (31) days a r second reading and adoption thereof, pursuant and subject to Section 163.3184(12), ' orida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: T: 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 File ID: 12228 (Revision:) Printed On: 8/30/2022