HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attornefor
DATE: May 11, 2023
RE: Ordinance No. 14096 — Rezoning — 2735 Northwest 10 Avenue and 2615
Northwest 8 Avenue
File No. 12220
At its September 13, 2022, meeting, the City Commission adopted the above -referenced
agenda item, PZ.14, 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," Civic Institution Transect Zone, to "CS," Civic Space Transect Zone,
for the property located at 2735 Northwest 10 Avenue and 2615 Northwest 8 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 A.
VM/ALK/vj a
Enclosure(s)
1 L2L 0 Se S GmorL01.014,0
City of Miami
Ordinance 14096
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12220 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 THE PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615
NORTHWEST 8 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 located at two (2) parcels at 2735 Northwest 10 Avenue and
2615 Northwest 8 Avenue, Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A" ("Property"), is zoned "Cl" Civic Institution Zone; and
WHEREAS, the Property contains approximately 2.662 acres; and w
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WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami plic1t")rr1
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has submitted a request to change the zoning classification of the Property from "CIQ $ivic— C)
Institution Transect Zone, to "CS", Civic Space Transect Zone; and "��
c; ..Fr
WHEREAS, the Applicant submitted this request to comply with Parks, Recrlatatiommnd -r
Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan, the y of•
Miami's ("City") no -net -loss policy for public park land, in conjunction with the Miami /pec i
Park Special Area Plan (ePlan ID PZ-20-6114); and
WHEREAS, the Future Land Use Map ("FLUM") designation for the Property is "Major
Institutional, Public Facilities, Transportation, and Utilities"; and
WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22-
14682) to amend the land use designation of the Property; and
WHEREAS, the Property is currently developed with a derelict structure and is bordered
by military and residential uses; and
WHEREAS, the Property is bounded by Northwest 28 Street to the north, Northwest 10
Avenue to the west, Northwest 8 Avenue to the east, and public housing to the south; and
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; and
WHEREAS, the proposed "CS", Civic Space Transect Zone would result in a decrease
in allowed development intensity; and
City of Miami Page 1 of 3 File ID: 12220 (Revision: A) Printed On: 5✓11/2023
File ID: 12220 Enactment Number: 14096
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 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 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 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-22-026 by a
vote of eight to one (8-1), Item No. PZAB.7, 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
O N
WHEREAS, City Commission has given full consideration to the Planning Depame
recommendation; and fir` 7
WHEREAS, City Commission has considered the need and justification for th ropesed -
change, including changed or changing conditions that make the passage of the prong -see"' 11-1
change necessary; and
WHEREAS, City Commission has considered the goals, objectives, and polies otfhe
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.
Section 2. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the
zoning classification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect
Zone, for the property located at 2735 Northwest 10 Avenue and 2615 Northwest 8 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 Page 2 of 3 File ID: 12220 (Revision: A) Printed on: 5/11/2023
File ID: 12220
Enactment Number: 14096
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:
na
dez, ity ttor
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: 12220 (Revision: A) Printed on: 5/11/2023
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12220 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", CIVIC INSTITUTION
TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE
PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615
NORTHWEST 8 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 located at two (2) parcels at 2735 Northwest 10 Avenue and
2615 Northwest 8 Avenue, Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A" ("Property"), is zoned "Cl" Civic Institution Zone; and
WHEREAS, the Property contains approximately 2.662 acres; and
WHEREAS, 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 "Cl", Civic
Institution Transect Zone, to "CS", Civic Space Transect Zone; and o
d
WHEREAS, the Applicant submitted this request to comply with Parks, Recrea,tIOn, i d
Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan, the -Qityy
Miami's ("City") no -net -loss policy for public park land, in conjunction with the Miami greed=
Park Special Area Plan (ePlan ID PZ-20-6114); and
WHEREAS, the Future Land Use Map ("FLUM") designation for the Propertc&Maor
Institutional, Public Facilities, Transportation, and Utilities"; and
WHEREAS, there is a concurrent Comprehensive Plan Amendment application (P'- 22-
14682) to amend the land use designation of the Property; and
WHEREAS, the Property is currently developed with a derelict structure and is bordered
by military and residential uses; and
WHEREAS, the Property is bounded by Northwest 28 Street to the north, Northwest 10
Avenue to the west, Northwest 8 Avenue to the east, and public housing to the south; and
WHEREAS, the Property was zoned Gil, Government and Institutional, under Ordinance
No. 11000, the previous Zoning Code of the City of Miami, Florida, as amended; and
WHEREAS, the proposed "CS", Civic Space Transect Zone would result in a decrease
in allowed development intensity; and
City of Miami Page 1 of 3 File ID: 12220 (Revision:) Printed On: 5/11/2023
File ID: 12220 Enactment Number: 14096
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 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 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 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-22-026 by a
vote of eight to one (8-1), Item No. PZAB.7, 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
a N
WHEREAS, City Commission has considered the need and justification for theFoppded
change, including changed or changing conditions that make the passage of the proeda
change necessary; and rri
WHEREAS, City Commission has considered the goals, objectives, and polies of the :L1
MCNP, the Miami 21 Code, and all other City regulations;=+ rr?
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CI�,Y Q tj
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 Zoning Atlas of the Miami 21 Code is hereby amended by changing the
zoning classification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect
Zone, for the property located at 2735 Northwest 10 Avenue and 2615 Northwest 8 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 Page 2 of 3 File ID: 12220 (Revision:) Printed on: 5/11/2023
File ID: 12220 Enactment Number: 14096
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 Nam.
.11
3 -< •
rn
CO
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: 12220 (Revision:) Printed on: 5/11/2023