HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk � u/ 444
FROM: Victoria Mendez, City AttorrYey
DATE: April 13, 2023
RE: Ordinance No. 14091 - Rezoning - 600 Southwest 63 Avenue, 610 Southwest
63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court
File No. 12302
At its September 13, 2022 meeting, the City Commission adopted the above referenced
agenda item, PZ.9, amending the Zoning Atlas of the Miami 21 Code by changing the zoning
classification from "T3-R," Sub -Urban Transect Zone -Restricted, to "CS," Civic Space Zone, for
the Property generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601
Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, as 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 A.
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Enclosure(s)
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City of Miami
Ordinance 14091
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12302 Final Action Date: 911312022
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 "T3- R" SUB-
URBAN TRANSECT ZONE — RESTRICTED TO "CS" CIVIC SPACE ZONE FOR
THE PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST 63 AVENUE,
610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615
SOUTHWEST 63 COURT, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the site is generally located at 600 Southwest 63 Avenue, 610 Southwest
63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, and is zoned
"T3-R" Sub -Urban Transect Zone -Restricted"; and
WHEREAS, Arthur Noriega, V, City Manager acting on behalf of the City of Mrr mi
("Applicant") has submitted a request to change the zoning classification from "T3-R" Aub- ban
Transect Zone -Restricted for 600 Southwest 63 Avenue, 610 Southwest 63 Avenuc.b1
Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida (collectively the "R perf ); C7
and -71 ca f-rl
3 c-�
WHEREAS, the Property is an assemblage of four parcels totaling approxin ly 3iklOrri
square feet (0.78 acres) of land; and
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WHEREAS, the Future Land Use Map designation is "Single -Family Residen4e1"; Ed
WHEREAS, the request to rezone the Property from the "T3-R" Sub -Urban Transect
Zone -Restricted to "CS" Civic Space Zone is inconsistent with the Property's existing Future
Land Use designation ("FLU") of "Single -Family Residential", therefore, a concurrent
Comprehensive Plan Amendment is required and has been submitted as a companion
application PZ-21-11843; and
WHEREAS, the application to amend the Future Land Use Map (FLUM) of the Miami
Comprehensive Neighborhood Plan (MCNP) under PZ-21-11843 would amend the FLU of the
Property from "Single -Family Residential" to "Public Parks and Recreation"; and
WHEREAS, the proposed FLU designation of "Public Parks and Recreation" under
companion item PZ-21-11843 is consistent with the proposed zoning of "CS" Civic Space Zone;
and
WHEREAS, the Property is currently vacant land and is bordered by single-family
residential uses; and
City of Miami Page 1 of 3 File ID: 12302 (Revision: A) Printed On: 4/13/2023
File ID: 12302 Enactment Number: 14091
WHEREAS, the Property is bounded by Southwest 6th Street to the north, single-family
residential parcels to the south, Southwest 63rd Avenue to the east and Southwest 63rd Court to
the west; and
WHEREAS, the Property is located in a portion of the Fairlawn neighborhood where
there are not a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the Property was zoned R-1 under Ordinance No. 11000, the previous
Zoning Code, which permitted 9 dwelling units per acre; and
WHEREAS, the proposed rezoning of the Property to "CS" Civic Space Zone would
result in reduction of intensity and density; and
WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f1(a) in
that the Rezone of the Property from "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic
Space Zone is consistent with and helps further the Goals, Objectives, and Policies of the
MCNP; and
WHEREAS, the request to Rezone the Property from "T3-R" Sub -Urban Transect Zone -
Restricted to "CS" Civic Space Zone is consistent with the MCNP Policy LU-1.3.15 intent to
encourage a development pattern that enhances existing neighborhoods by developing a
balanced mix of uses including housing and recreation close to each other; and
WHEREAS, the request to Rezone the Property is consistent with the MCNP Objective
PR-1.1 intent of providing a park within a 10-minute walk of every resident, which makes the
request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1; and o N
T
-n w
WHEREAS, the request to Rezone the Property is consistent with the criterjaigunalw
Miami 21, Article 7, Section 7.1.2.8.f1(b) in that there is a need for more public park:54nd Rien rr1
spaces in the surrounding area as this location is not served by any existing park s v4ce areas
and developing the Property into a public park would provide a new park within a teidtainui'e
barrier -free walk to 501 residential units that currently have no parks within walking iRangas7:66
required by Levels of Service (LOS) defined in the MCNP, deeming the changes nesarnc
consistent; and r ••
o
WHEREAS, the request to Rezone the Property complies with Miami 21, Article 7,
Section 7.1.2.8.f.2 criteria, in that the proposed "CS" Civic Space Zone is a lesser Transect
Zone from the existing "T3-R" Sub -Urban Transect Zone -Restricted and is therefore
Successional under Article 7, Section 7.1.2.8.a.'s definition of Successional Zoning; and
WHEREAS, the proposed zoning change can be deemed appropriate in Tight of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6,
2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-022 by a vote
of nine to zero (9-0), Item No. PZAB. 10, recommending approval of the Zoning Change; and
City of Miami Page 2 of 3 File ID: 12302 (Revision: A) Printed on: 4/13/2023
File ID: 12302 Enactment Number: 14091
WHEREAS, City Commission has considered the Applicant's justification as well as the
Planning Department recommendation; and
WHEREAS, City Commission has considered the goals, objectives, and policies of the
Miami Comprehensive Plan, 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 Resolution 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 amended by changing the zoning
classification from "T3-R," Sub -Urban Transect Zone -Restricted, to "CS," Civic Space Zone, for
the Property generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601
Southwest 63 Court, and 615 Southwest 63 Court, 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:
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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: 12302 (Revision: A) Printed on: 4/13/2023
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12302
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 "T3- R" SUB -URBAN
TRANSECT ZONE — RESTRICTED TO "CS" CIVIC SPACE ZONE FOR THE
PROPERTY GENERALLY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610
SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615
SOUTHWEST 63 COURT, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the site is generally located at 600 Southwest 63 Avenue, 610 Southwest
63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida, and is zoned
"T3-R" Sub -Urban Transect Zone -Restricted"; and
WHEREAS, Arthur Noriega, V, City Manager acting on behalf of the City of Miami
("Applicant") has submitted a request to change the zoning classification from "T3-R" Sub -Urban
Transect Zone -Restricted for 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 60 ,.,,
Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida (collectively the "Property
and r„;; a
-io P1
WHEREAS, the Property is an assemblage of four parcels totaling approxim�Oy 34-102( )
square feet (0.78 acres) of land; and
3 rYi W rn
za2 ;
WHEREAS, the Future Land Use Map designation is "Single -Family ResideRg1"; end
WHEREAS, the request to rezone the Property from the "T3-R" Sub -Urban T seag
Zone -Restricted to "CS" Civic Space Zone is inconsistent with the Property's existing -Future
Land Use designation ("FLU") of "Single -Family Residential", therefore, a concurrent
Comprehensive Plan Amendment is required and has been submitted as a companion
application PZ-21-11843; and
WHEREAS, the application to amend the Future Land Use Map (FLUM) of the Miami
Comprehensive Neighborhood Plan (MCNP) under PZ-21-11843 would amend the FLU of the
Property from "Single -Family Residential" to "Public Parks and Recreation"; and
WHEREAS, the proposed FLU designation of "Public Parks and Recreation" under
companion item PZ-21-11843 is consistent with the proposed zoning of "CS" Civic Space Zone;
and
WHEREAS, the Property is currently vacant land and is bordered by single-family
residential uses; and
City of Miami Page 1 of 3 File ID: 12302 ( ) Printed On: 4/13/2023
File ID: 12302 Enactment Number: 14091
WHEREAS, the Property is bounded by Southwest 6th Street to the north, single-family
residential parcels to the south, Southwest 63rd Avenue to the east and Southwest 63rd Court to
the west; and
WHEREAS, the Property is located in a portion of the Fairlawn neighborhood where
there are not a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the Property was zoned R-1 under Ordinance No. 11000, the previous
Zoning Code, which permitted 9 dwelling units per acre; and
WHEREAS, the proposed rezoning of the Property to "CS" Civic Space Zone would
result in reduction of intensity and density; and
WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f1(a) in
that the Rezone of the Property from "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic
Space Zone is consistent with and helps further the Goals, Objectives, and Policies of the
MCNP; and
WHEREAS, the request to Rezone the Property from "T3-R" Sub -Urban Transect Zone -
Restricted to "CS" Civic Space Zone is consistent with the MCNP Policy LU-1.3.15 intent to
encourage a development pattern that enhances existing neighborhoods by developing a
balanced mix of uses including housing and recreation close to each other; and
WHEREAS, the request to Rezone the Property is consistent with the MCNP Objective
PR-1.1 intent of providing a park within a 10-minute walk of every resident, which makes the
request consistent with the rezoning criteria of Miami 21, Section 7.1.2.8.f.1; and
WHEREAS, the request to Rezone the Property is consistent with the criteria gunl
Miami 21, Article 7, Section 7.1.2.8.f1(b) in that there is a need for more public parl@fnden�
spaces in the surrounding area as this location is not served by any existing park service VaTTl
and developing the Property into a public park would provide a new park within a t$nin dD
barrier -free walk to 501 residential units that currently have no parks within walkingr4istance a
required by Levels of Service (LOS) defined in the MCNP, deeming the changes rssaig ar
consistent; and —c7 r- J
m
WHEREAS, the request to Rezone the Property complies with Miami 21, Arixcle A"'
Section 7.1.2.8.f.2 criteria, in that the proposed "CS" Civic Space Zone is a lesser Transect
Zone from the existing "T3-R" Sub -Urban Transect Zone -Restricted and is therefore
Successional under Article 7, Section 7.1.2.8.a.'s definition of Successional Zoning; and
WHEREAS, the proposed zoning change can be deemed appropriate in Tight of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T3-R" Sub -Urban Transect Zone -Restricted to "CS" Civic Space Zone; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6,
2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-022 by a vote
of nine to zero (9-0), Item No. PZAB. 10, recommending approval of the Zoning Change; and
WHEREAS, City Commission has considered the Applicant's justification as well as the
Planning Department recommendation; and
City of Miami Page 2 of 3 File ID: 12302 ( ) Printed on: 4/13/2023
File ID: 12302 Enactment Number: 14091
WHEREAS, City Commission has considered the goals, objectives, and policies of the
Miami Comprehensive Plan, 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 Resolution 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 amended by changing the zoning
classification from "T3-R," Sub -Urban Transect Zone -Restricted, to "CS," Civic Space Zone, for
the Property generally located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601
Southwest 63 Court, and 615 Southwest 63 Court, 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:
dez, ify ttor ey 7/19/2022
' 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: 12302 ( ) Printed on: 4/13/2023