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HomeMy WebLinkAboutO-13708City of Miami q Legislation Ordinance: 13708 File Number: 2847 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/26/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF 0.38 ± ACRES OF PROPERTIES LOCATED AT APPROXIMATELY 460, 480, AND 490 NORTHEAST 61 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM T4 -R, "GENERAL URBAN TRANSECT ZONE -RESTRICTED," TO CS, "CIVIC SPACE ZONE"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 31, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-046 by a vote of ten to zero (10-0), Item No. PZAB.9, recommending approval of the proposed zoning change as stated herein; and WHEREAS, the properties located at approximately 460, 480, and 490 Northeast 61 Street, Miami, Florida are currently zoned T4 -R, "General Urban Transect Zone -Restricted"; and WHEREAS, the applicant has submitted a request to change the zoning classification to CS, "Civic Space Zone," to provide additional parklands within the City of Miami ("City"); and WHEREAS, the proposed zoning change is appropriate in light of the intent of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and particularly in relation to the effects on abutting properties currently zoned CS, "Civic Space Zone"; and WHEREAS, the site is 0.38 ± acres in size and provides opportunities for enhanced design and functionality of Eaton Park in the Upper Eastside; and WHEREAS, the City Commission has considered the recommendations of the PZAB; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City applicable regulations; and WHEREAS, the City Commission has 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, City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its inhabitants that this proposed zoning change be granted; City of Miami Page 1 of 2 File ID: 2847 (Revision:) Printed On: 9/10/2018 File ID: 2847 Enactment Number: 13708 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 City Commission amends the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from T4 -R, "General Urban Transect Zone - Restricted," to CS, "Civic Space Zone," for the properties located at approximately 460, 480, and 490 Northeast 61 Street, 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. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or reentered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes. APPROVED AS TO FORM AND CORRECTNESS: r 'A(T-­.P4:? i ria i ' ndez, City Attor ey 9/1512017 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 2 File ID: 2847 (Revision:) Printed on: 911012018