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HomeMy WebLinkAboutO-14325City of Miami Ordinance 14325 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16431 Final Action Date: 10/24/2024 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 "CS," CIVIC SPACE ZONE, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, AND "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, FOR THE WESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 8032 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 8032 Northeast 2 Avenue, Miami, Florida as more particularly described in the attached and incorporated Exhibit "A," ("Property") is trifurcated by three (3) zoning classifications: "T6-8-O," Urban Transect Zone — Open, "T5-O" Urban Center Transect Zone — Open, and "CS," Civic Space Zone on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code",; and WHEREAS, Rivercow LLC ("Applicant") submitted a request to change the zoning classification of the western portion ("Western Portion") of the Property from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open; and WHEREAS, the Property is approximately 12,893.76 square feet (0.296 acres) of land, and WHEREAS, the Western Portion of the Property is approximately 6,011.28 square feet (0.138 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is Public Parks and Recreation, Medium Density Restricted Commercial, and Restricted Commercial; and WHEREAS, the FLUM designation of the Western Portion is Public Parks and Recreation and Medium Density Restricted Commercial; and WHEREAS, the request to change the zoning classification from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, for the Western Portion is not consistent with the existing future land uses ("FLU") of the Property of Public Parks and City of Miami Page 1 of 3 File ID: 16431 (Revision:) Printed On: 8/8/2025 File ID: 16431 Enactment Number: 14325 Recreation and Medium Density Restricted Commercial; therefore, a concurrent Comprehensive Plan Amendment is required and is being processed simultaneously; and WHEREAS, the request to change the FLU from Public Parks and Recreation and Medium Density Restricted Commercial to Restricted Commercial is being processed concurrently (PZ-22-15068); and WHEREAS, this rezoning application is consistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code, in that the requested change in zoning classification of the Western Portion of the Property from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, meets the intent of Goal LU-1 and Policy LU-1.2.1 of the City of Miami Comprehensive Neighborhood Plan ("MCNP") as it will broaden the scope of allowable Uses and rejuvenate the neighborhood by creating local jobs; and WHEREAS, this rezoning application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code as it aligns with the current development trends and land uses in the immediate area; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code as the Western Portion will integrate with the rest of the Property and the surrounding neighborhood; and WHEREAS, the Planning Department recommended approval of the change in zoning classification from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — Open, and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, respectively; and WHEREAS, on July 9, 2024, at a duly notice public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application for changing the zoning classification, item PZAB.5, and passed PZAB-R-24-049, recommending approval, by a vote of nine to zero (9-0); and WHEREAS, the City Commission considered the need and justification for the proposed zoning change, including changing and changed conditions that make the passage of the proposed zoning change necessary; and WHEREAS, the City Commission 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 CITY 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 "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone — 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 2 of 3 File ID: 16431 (Revision:) Printed on: 8/8/2025 File ID: 16431 Enactment Number: 14325 Open, and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O" Urban Core Transect Zone — Open, respectively, for the Western Portion of the Property generally located at 8032 Northeast 2 Avenue, Miami, 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: ge Wy3 ng III, C y tor y 9/17/2024 City of Miami Page 3 of 3 File ID: 16431 (Revision:) Printed on: 8/8/2025