Loading...
HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City AttorneyV✓t� for DATE: May 11, 2023 RE: Ordinance No. 14100 — Rezoning — 1950 Northwest 12 Avenue File No. 12224 At its September 13, 2022, meeting, the City Commission adopted the above -referenced agenda item, PZ.18, 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 -HD," Civic Institution — Health District Transect Zone, to "CS," Civic Space Transect Zone, for a portion of the property generally located at 1950 Northwest 12 Avenue, Miami, Florida. The item inadvertently printed without the language "With Attachment(s)" in the title. The Legislation has been corrected and incremented to Revision B. VM/ALK/vja Enclosure(s) CQ 'n f V O + -t fit i "I- co 1 p� 7 1 M a 3 ice! _� CD � r- � N x N "LEA SC60QMQA U�N(L r4efVL/o City of Miami ...fir' OP A. Ordinance 14100 Legislation File Number: 12224 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 -HD", CIVIC INSTITUTION - HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF A PORTION OF THE PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 1950 Northwest 12 Avenue Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"), is zoned "CI -HD" Civic Institution - Health District Zone; and WHEREAS, the Arthur Noriega V, City Manager, on behalf of the City of Miami, ("Applicant") has submitted a request to change the zoning classification of the Property from "CI -HD" Civic Institution - Health District Zone to "CS" Civic Space Zone, as described in Exhibit "A," attached and incorporated; 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 "aryU Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and corn � WHEREAS, the Property is a portion of one (1) parcel totaling approximatel�F,97,860 iL7 M square feet (5.00 acres) of land, as described in Exhibit "A"; and o-4 — ,ji co C-? M : WHEREAS, the Future Land Use Map ("FLUM") designation of the Propertyis:VlaR F-6 Institutional, Public Facilities, Transportation, and Utilities"; and CD r- rn f V WHEREAS, there is a concurrent Comprehensive Plan Amendment applicatioF3�for4w Property (PZ-22-14676); and WHEREAS, the Property is currently used by the City General Services Administration and is bordered by hospital and residential uses; and WHEREAS, the Property is generally bounded by Northwest 20 Street to the north, the Veterans Affairs Hospital to the south, a Miami -Dade County wastewater treatment facility to the east, and other City administration property to the west; and WHEREAS, the Property was zoned G/I under the previous 11000 Zoning Code, which was similar in intent to the "CI -HD" Zone; and City of Miami Page 1 of 3 File ID: 12224 (Revision: 8) Printed On: 5(1112023 File ID: 12224 Enactment Number: 14100 WHEREAS, the proposed rezone to "CS" Civic Space 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 Miami 21 and the Miami Comprehensive Neighborhood Plan ("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 proposed application is consistent with Section 7.1.2.8.f.1(b) 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 "Cl- HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect 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-22-030 by a vote of eight to one (8-1), Item No. PZAB.11, 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, PZAB further indicated that if the City is able to sell the Property fgr mp& than its use as a park and replace it with a larger park, the City should be allowed to a s0% order to maximize the value of the Property and requested that City staff report bac�,ii P2* with a plan on how to maximize the value of the Property by buying at least this mu arkVnd M somewhere else within the City and converting into a park; and CD — C7 't1 i co i WHEREAS, City Commission has given full consideration to the Planning 1) rtaTWt _ recommendation; and 21— C-) LO r •• WHEREAS, City Commission has considered the need and justification for th4roNsed 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. City of Miami Page 2 of 3 File ID: 12224 (Revision: B) Printed on: 511112023 File ID: 12224 Enactment Number: 14100 Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification from "CI -HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect Zone, for a portion of the property generally located at 1950 Northwest 12 Avenue, 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. 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: 1 1 ria dez, Cify Attorpey 8/24/2022 ria dez, Cify Attor I iey 5/11/2023 O N n O '�3 N —C 1'7 C�r CO r, LO r •• rn N i� ' 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: 12224 (Revision: B) Printed on: 511112023 City of Miami * - Ordinance Legislation File Number: 12224 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 -HD", CIVIC INSTITUTION — HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF A PORTION OF THE PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 1950 Northwest 12 Avenue Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"), is zoned "CI -HD" Civic Institution — Health District Zone; and WHEREAS, the Arthur Noriega V, City Manager, on behalf of the City of Miami, ("Applicant") has submitted a request to change the zoning classification of the Property from "CI -HD" Civic Institution — Health District Zone to "CS" Civic Space Zone, as described in Exhibit "A," attached and incorporated; 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 o � w WHEREAS, the Property is a portion of one (1) parcel totaling approximatelyr,8i5 70 square feet (5.00 acres) of land, as described in Exhibit "A"; and �_n `` M o _= CD WHEREAS, the Future Land Use Map ("FLUM") designation of the Property Is�laj�qL Institutional, Public Facilities, Transportation, and Utilities"; and :3C M _n w CD WHEREAS, there is a concurrent Comprehensive Plan Amendment applicatiorRo46 Property (PZ-22-14676); and x ti3 WHEREAS, the Property is currently used by the City General Services Administration and is bordered by hospital and residential uses; and WHEREAS, the Property is generally bounded by Northwest 20 Street to the north, the Veterans Affairs Hospital to the south, a Miami -Dade County wastewater treatment facility to the east, and other City administration property to the west; and WHEREAS, the Property was zoned G/I under the previous 11000 Zoning Code, which was similar in intent to the "CI -HD" Zone; and City of Miami Page 1 of 3 File ID: 12224 (Revision: A) Printed On: 511112023 File ID: 12224 Enactment Number: 14100 WHEREAS, the proposed rezone to "CS" Civic Space 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 Miami 21 and the Miami Comprehensive Neighborhood Plan ("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 proposed application is consistent with Section 7.1.2.8.f.1(b) 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 "Cl- HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect 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-22-030 by a vote of eight to one (8-1), Item No. PZABA 1, 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, PZAB further indicated that if the City is able to sell the Property for more than its use as a park and replace it with a larger park, the City should be allowed to CLO � so in order to maximize the value of the Property and requested that City staff report back tQ P with a plan on how to maximize the value of the Property by buying at least this muc"_ artond somewhere else within the City and converting into a park; and 5 M WHEREAS, City Commission has given full consideration to the Planning D artn%ht t"i1 recommendation; and K MC " WHEREAS, City Commission has considered the need and justification for fFipprd*seP change, including changed or changing conditions that make the passage of the proose6a change necessary; and :7: to 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. City of Miami Page 2 of 3 File ID: 12224 (Revision: A) Printed on: 511112023 File ID: 12224 Enactment Number: 14100 Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification from "CI -HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect Zone, for a portion of the property generally located at 1950 Northwest 12 Avenue, 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. 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: ria dez, ity Attor iey 8/24/2022 O tV -r� N W C') c� rn )Dow o --i C- A W m N � W a ' 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: 12224 (Revision: A) Printed on: 511112023 , �� OFF •.: a�. City of Miami Legislation " << O it t Ordinance Enactment Number File Number: 12224 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "Cl-HD", CIVIC INSTITUTION — HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 1950 Northwest 12 Avenue Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"), is zoned "CI -HD" Civic Institution — Health District Zone; and WHEREAS, the Arthur Noriega V, City Manager, on behalf of the City of Miami, ("Applicant") has submitted a request to change the zoning classification of the Property from "CI -HD" Civic Institution — Health District Zone to "CS" Civic Space Zone, as described in Exhibit "A," attached and incorporated; and o a WHEREAS, the Applicant submitted this request to comply with Parks, ReCT64ion3nd,-�) Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan ("MC-5 P" };the City of Miami's ("City") no -net -loss policy for public park land, in conjunction with thf�m_iahg; C ) Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and =� aa• M WHEREAS, the Property is a portion of one (1) parcel totaling approximategA5,a96 cD square feet (6.106 acres) of land, as described in Exhibit "A"; and ; , N N 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-22-14676); and WHEREAS, the Property is currently used by the City General Services Administration and is bordered by hospital and residential uses; and WHEREAS, the Property is generally bounded by Northwest 20 Street to the north, the Veterans Affairs Hospital to the south, a Miami -Dade County wastewater treatment facility to the east, and other City administration property to the west; and WHEREAS, the Property was zoned G/I under the previous 11000 Zoning Code, which was similar in intent to the "CI -HD" Zone: and city of Miami File ID: 12224 (Revision:) Printed On: 71191022 WHEREAS, the proposed rezone to "CS" Civic Space 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 Miami 21 and the Miami Comprehensive Neighborhood Plan ("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 7.1.2.811 of the Miami 21 Code; and WHEREAS, the proposed application is consistent with Section 7.1.2.8.f.1(b) 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 "Cl- HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on following an advertised public hearing, adopted Resolution No. PZAB-R-= by a vote of _ to _ (_-_), Item No. PZAB. , recommending the zoning change; and WHEREAS, City Commission has given full consideration to the Planning Department recommendation; and of WHEREAS, City Commission has considered the need and justification for thegoro osed change, including changed or changing conditions that make the passage of the propWec change necessary; and �Z:; L..) WHEREAS, City Commission has considered the goals, objectives, and polidiC.fi oe l� MCNP, the Miami 21 Code, and all other City regulations; n ; 00 r�-i NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CDx OIX r-1 MIAMI, FLORIDA: CD rn N Section 1. The recitals and findings contained in the Preamble to this Ordinar�e rM 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 "Cl-HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect Zone, for the property generally located at 1950 Northwest 12 Avenue, 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. City of Miami File ID: 12224 (Revision:) Printed On: 7/19/2022 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: O fV n C 11 PV Fi C)r CD n 3M- 3-< = FT1 c� to CD r.. .. m N � tV ' 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: 12224 (Revision:) Printed On: 7/19/2022