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HomeMy WebLinkAboutO-14225City of Miami Ordinance 14225 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14671 Final Action Date: 10/26/2023 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, OF THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the property is generally located at 713 Southwest 63 Court, 725 Southwest 63 Court, and 735 Southwest 63 Court, Miami, Florida, (collectively, "Property") and is zoned "T3-R," Sub -Urban Transect Zone — Restricted; and WHEREAS, Arthur Noriega, V, acting on behalf of the City of Miami ("Applicant"), has submitted a request to change the zoning classification for the Property from "T3-R," Sub -Urban Transect Zone — Restricted, to "CS," Civic Space Zone; and WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately 20,708 square feet (± 0.475 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is Single - Family Residential; and WHEREAS, the request to rezone the Property from "T3-R," Sub -Urban Transect Zone — Restricted, to "CS," Civic Space Zone, is inconsistent with the Property's existing future land uses ("FLU") of Single -Family Residential, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-23-16142; and WHEREAS, the application to amend the FLUM of the Miami Comprehensive Neighborhood Plan ("MCNP") under PZ-23-16142 will 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 PZ- 23-16142 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 and multifamily residential uses; and City of Miami Page 1 of 3 File ID: 14671 (Revision: A) Printed On: 7/14/2025 File ID: 14671 Enactment Number: 14225 WHEREAS, the Property is bounded by the proposed Fairlawn Community Park to the north, multifamily residential parcels to the south, single family residential parcels to the east, and Southwest 63 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 nine (9) dwelling units per acre; and WHEREAS, the proposed "CS," Civic Space Zone, classification will result in lower intensity and density; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code, 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, this request to rezone the Property 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 areas for employment, shopping, housing, and recreation in close proximity to each other, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, this 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 Section 7.1.2.8.f.1 or the Miami 21 Code; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code 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 the definition of successional zoning in Article 7, Section 7.1.2.8.a. of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed appropriate in light 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 the "CS," Civic Space Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-082 by a vote of eight to zero (8 - 0), Item No. PZAB. 16, recommending approval of the zoning change from "T3-R" Sub -Urban Transect Zone - Restricted to "CS" Civic Space Zone; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department's recommendation; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; City of Miami Page 2 of 3 File ID: 14671 (Revision: A) Printed on: 7/14/2025 File ID: 14671 Enactment Number: 14225 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 "T3-R," Sub -Urban Transect Zone — Restricted, to "CS," Civic Space Zone, for the Property, 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: ndez, City Attor ey 912712023 ndez, City 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: 14671 (Revision: A) Printed on: 7/14/2025