HomeMy WebLinkAboutScrivener's Error Memo�CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney for
DATE: August 7, 2023
RE: Ordinance No. 14104 — Rezoning - 3851 Rickenbacker Causeway
File No. 12228
At its September 13, 2022, meeting, the City Commission adopted the above referenced
agenda item, PZ.22, 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," 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. The item inadvertently
printed without the language "With Attachment(s)" in the title.
The Legislation has been corrected and incremented to Revision `B."
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City of Miami
s� Ordinance 14104
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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 'Cl," 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
EFFECTIVE DATE. �, w
WHEREAS, the property generally located at 3851 Rickenbacker Causeway,=.Miamlf'4
Florida, as described in the attached and incorporated Exhibit "A" ("Property"), is zol Cl"
Civic Institution Transect Zone; and =�
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WHEREAS, the Property is owned by the City of Miami ("City"); and , N
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 "Cl," Civic
Institution Transect Zone, to "CS," Civic Space Transect Zone; 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 103 File ID: 12228 (Revision: B) Printed On: 8/7/2023
File ID: 12228 Enactment Number. 14104
WHEREAS, the Property was zoned G/I, 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
change, including changed or changing conditions that make the passage of the proposed
change necessary; and X**
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WHEREAS, City Commission has considered the goals, objectives, and polici��-gf the
MCNP, the Miami 21 Code, and all other City regulations;,'
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CIF x
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MIAMI, FLORIDA:
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Section 1. The recitals and findings contained in the Preamble to this Resolu* ale
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," 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.
City of Miami Page 2 of 3 File ID: 12228 (Revision: B) Printed on: 81712023
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 J Alvarez
Va en in J Ivarez, AdmFnistrative ssis an I 6/21/2023 rl8 deZ, Cify Attor iey 7/24/2023
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' 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: 12228 (Revision: B) Printed on: 8/7/2023
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City of Miami
Hall
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Legislation
3500 Panity
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Miami, FL 33133
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Ordinance
www.miamigov.com
Enactment Number
File Number: 12228
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", CIVIC
INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT
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ZONE, OF REAL PROPERTY GENERALLY LOCATED AT 3851 �m
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE --{;;
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND a
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INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABII.'rY
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CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the property generally located at 3851 Rickenbacker Causeway, pia *
Florida, as described in the attached and incorporated Exhibit "A" ("Property"), is zonR T&
Civic Institution Transect Zone; and =°
WHEREAS, the Property is owned by the City of Miami ("City"); and
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 "Cl", Civic
Institution Transect Zone, to "CS", Civic Space Transect Zone; 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 File ID: 12228 (Revision:) Printed On: 8/30/2022
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WHEREAS, the Property was zoned G/I, 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 7.1.2.811(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
change, including changed or changing conditions that make the passage of the proposN o
change necessary; and
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WHEREAS, City Commission has considered the goals, objectives, and polici®s f tl*
rn
MCNP, the Miami 21 Code, and all other City regulations; 1
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resoluon
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", 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.
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: 813012022
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:
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' 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 ILD: 12228 (Revision. ) Printed On: 813012022