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Home My WebLink AboutScrivener's Error Memo(CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Atto DATE: September 11, 2023 RE: Ordinance No. 14201 — File No. 14201 (1C/W for At its July 27, 2023 meeting, the City Commission adopted the above referenced agenda item, PZ.3, 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 "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, for a portion of the property generally located at 3030 Southwest 22nd Street, Miami, Florida ("Property") and by changing the zoning classification from "T4-R," General Urban Transect Zone — Restricted, to "T4-O," General Urban Transect Zone — Open, for the remaining portion of the Property, resulting in 32,461 Square feet of the Property being zoned "T5-O," Urban Center Transect Zone, and the remaining 7,010 Square Feet of the Property being zoned "T4-O," General Urban Transect Zone — Open, for the Property. While the Exhibit "A" that printed with the Legislation was correct, the file inadvertently printed with an illegible version. The correct Exhibit "A" has been uploaded to the file and the file has been incremented to Revision A. VM/GKW/vja Enclosure(s) q 14201 SCfiVJntrs Error 1140 City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 14201 Final Action Date: 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 "T5-0," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN PORTION), AND "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED (SOUTHERN PORTION), TO "T5-O,"..: URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN), AND "T4-O,Z, •cz GENERAL URBAN TRANSECT ZONE — OPEN (SOUTHERN PORTION), ' OF THE PROPERTY GENERALLY LOCATED AT 3030 SOUTHWEST �' 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBEDcri IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; 4<= CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN . kz, EFFECTIVE DATE. ~) r uT1 WHEREAS, the property is generally located at 3030 Southwest 22nd Street,. Miami;' Florida ("Property") and is zoned "T5-O," Urban Center Transect Zone — Open, on the northern 17, 442 square feet ("Northern Portion") of the Property and "T4-R," General Urban Transect Zone — Restricted, on the southern 22,029 square feet ("Southern Portion") of the Property; and WHEREAS, Melissa Tapanes Llahues Esquire, on behalf of Victor Brown and Bomart Real Estate, LLC ("Applicant") has submitted a request to change the zoning classification of the Southern portion of the Property from "T4-R," General Urban Transect Zone — Restricted, to "T4-O," General Urban Transect Zone — Open; and WHEREAS, the Property consists of one (1) parcel totaling approximately 39,471 square feet (0.906 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation is Restricted Commercial; and WHEREAS, the request to rezone the Southern Portion of the Property from the "T4-R" General Urban Transect Zone — Restricted, to the "T4-O," General Urban Transect Zone — Open, is consistent with the Property's existing future land uses ("FLU") of Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment is not required; and WHEREAS, the Property is currently developed with an office building, constructed in 2004 and is bordered by residential and commercial uses; and WHEREAS, the Property is bounded by 22nd Street to the north, 22nd Terrace to the south, 29th Avenue to the east and 31 st Avenue west; and City of Miami File ID: 14201 (Revision:) Printed On: 7/18/2023 WHEREAS, the Property is located in a portion of the Coral Way BMP (Zone 5) where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned "C-1" under the previous Zoning Code, Ordinance No. 11000, which permitted restricted commercial uses; and WHEREAS, an exception for the use of a private school on the Property was proposed and approved in 2019; and WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, classification will result in uses consistent with the proposed use; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, this request to rezone the Property is consistent with the Miami Neighborhood Comprehensive ("MCNP") Goal LU 1.1.7's intent of developing mixed use neighborhoods which makes this 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 TR 1.1.5's intent to promote development along transit corridors, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2:8 frr2 of the Miami 21 Code; and r.. ‘o (n 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 request to change the zoning from "T4-R," General Urban Transect Zone — Restricted,' to ``T#- O," General Urban Transect Zone — Open, for the Southern portion of the Property; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May 17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-060 by a vote of five to two (5-2), Item No. PZAB. 16, recommending approval of the Zoning Change; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change unnecessary; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission, after careful consideration of this matter, deems the request advisable and in the best interest of the general welfare of the City and its inhabitants and hereby recommends that the proposed zoning change be granted, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami File ID: 14201 (Revision:) Printed On: 7/18/2023 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 approves the request to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," "Urban Center Transect Zone - Open" for a portion of the Property and by changing the zoning classification from "T4-R," "General Urban Transect Zone — Restricted," to "T4-O," "General Urban Transect Zone — Open" for the remaining portion of the Property, resulting in 32,461 Square feet of the Property being zoned "T5-O" "Urban Center Transect Zone" and the remaining 7,010 Square Feet of the Property being zoned "T4-O" "General Urban Transect Zone — Open" for the Property generally located at 3030 Southwest 22nd 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. This Ordinance shall become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: ',,fai'a Si rt. „3�1stan?*.o t?C ty AtQn4 7/12023 ' 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: 14201 (Revision:) Printed On: 7/18/2023 L City of Miami Ordinance 14201 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14201 CD c.� Final Action Date: 7/27/2023 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 "T5-0," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN PORTION), AND "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED (SOUTHERN PORTION), TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN), AND "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN (SOUTHERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 3030 SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING ENDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN -EFFECTIVE DATE.. WHEREAS, the property is generally located at 3030 Southwest 22nd Street, Miami, Florida (`'Property") and is zoned "T5-O," Urban Center Transect Zone — Open, on the northern 17I442isquiare feet ("Northern Portion") of the Property and "T4-R," General Urban Transect Zane —Restricted, on the southern 22,029 square feet ("Southern Portion") of the Property; and WHEREAS, Melissa Tapanes Llahues Esquire, on behalf of Victor Brown and Bomart Real Estate, LLC ("Applicant") has submitted a request to change the zoning classification of the Southern portion of the Property from "T4-R," General Urban Transect Zone — Restricted, to "T4-O," General Urban Transect Zone — Open; and WHEREAS, the Property consists of one (1) parcel totaling approximately 39,471 square feet (0.906 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation is Restricted Commercial; and WHEREAS, the request to rezone the Southern Portion of the Property from the "T4-R" General Urban Transect Zone — Restricted, to the "T4-O," General Urban Transect Zone — Open, is consistent with the Property's existing future land uses ("FLU") of Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment is not required; and WHEREAS, the Property is currently developed with an office building, constructed in 2004 and is bordered by residential and commercial uses; and WHEREAS, the Property is bounded by 22nd Street to the north, 22nd Terrace to the south, 29th Avenue to the east and 31 st Avenue west; and City of Miami Page 1 of 3 File ID: 14201 (Revision: A) Printed On: 10/25/2023 File ID: 14201 Enactment Number: 14201 WHEREAS, the Property is located in a portion of the Coral Way BMP (Zone 5) where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned "C-1" under the previous Zoning Code, Ordinance No. 11000, which permitted restricted commercial uses; and WHEREAS, an exception for the use of a private school on the Property was proposed and approved in 2019; and WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, classification will result in uses consistent with the proposed use; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, this request to rezone the Property is consistent with the Miami Neighborhood Comprehensive ("MCNP") Goal LU 1.1.7's intent of developing mixed use neighborhoods which makes this 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 TR 1.1.5's intent to promote development along transit corridors, which makes the rr~quest consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and-: WHEREAS, the proposed application is consistent with Article 7, Section 7.12Z8.f.1 bb) of J the Miami 21 Code; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2,8.f.2lof 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 request to change the zoning from "T4-R," General Urban Transect Zone — Restricted, to "T4- 0," General Urban Transect Zone — Open, for the Southern portion of the Property; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May 17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-060 by a vote of five to two (5-2), Item No. PZAB. 16, recommending approval of the Zoning Change; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change unnecessary; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission, after careful consideration of this matter, deems the request advisable and in the best interest of the general welfare of the City and its inhabitants and hereby recommends that the proposed zoning change be granted, as hereinafter set forth; City of Miami Page 2 of 3 File ID: 14201 (Revision: A) Printed on: 10/25/2023 File ID: 14201 Enactment Number: 14201 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 approves the request to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," "Urban Center Transect Zone - Open" for a portion of the Property and by changing the zoning classification from "T4-R," "General Urban Transect Zone — Restricted," to "T4-O," "General Urban Transect Zone — Open" for the remaining portion of the Property, resulting in 32,461 Square feet of the Property being zoned "T5-O" "Urban Center Transect Zone" and the remaining 7,010 Square Feet of the Property being zoned "T4-O" "General Urban Transect Zone — Open" for the Property generally located at 3030 Southwest 22nd 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. This Ordinance shall become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: a rta opj ez arta Gomez, Assistan o the ity ttorney 7/3/2023 9/21/2023 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: 14201 (Revision: A) Printed on: 10/25/2023