Loading...
HomeMy WebLinkAboutLegislation-SUBCity of Miami Ordinance 14098 Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12222 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 CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 150 Northeast 19 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"), is zoned "CI", Civic Institution Transect Zone; 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's no -net -loss policy for public park land, in conjunction with the Miami Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and and WHEREAS, the Property is approximately 268,765 square feet (6.170 acres) of land; WHEREAS, the Future Land Use Map ("FLUM") designation on the MCNP is ". sajor;::' Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment applicatto'n (P22-f 14674) to amend the FLUM designation of the Property; and —, - WHEREAS, the Property is currently undeveloped and is generally bordered[ y aTe -J station, temple, cemetery, and educational uses; and WHEREAS, the Property is generally bounded by Northeast 19 Street to the north, a municipal cemetery to the south, a temple to the east, and a City of Miami fire station to the west; 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, which was similar in intent to the "Cl", Civic Institution Transect Zone; and City of Miami Page 1 of 3 File ID: 12222 (Revision: B) Printed On: 6/30/2023 12222 Scrivener's Error Memo THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12222 Enactment Number: 14098 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 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 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", 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-22-028, Item No. PZAB.9, which reflected the PZAB's failure to recommend approval of the subject proposed rezoning as there was a motion to recommend approval with the request that the City's Park and Recreation Department report to PZAB every January and July to provide a status of the park improvements; however, only five (5) members voted in favor and four (4) members voted against, thereby failing to obtain the required supermajority vote required of PZAB to ! recommend approval of the Zoning Change; and ter' C_ WHEREAS, City Commission has considered the need and justification for th.k'propgaed �- change, including changed or changing conditions that make the passage of the proposed w r� change necessary; and f 7 WHEREAS, City Commission has considered the goals, objectives, and polrci o+ Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; ILO 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 generally located at 150 Northeast 19 Street, Miami, Florida, as more specifically 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: 12222 (Revision: B) Printed on: 6/30/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12222 Enactment Number: 14098 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: ity ttorpey ) 8/23/2022 dez, ity ttor ley 6/27/2023 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: 12222 (Revision: B) Printed on: 6/30/2023 SUBSTITUTED City of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12222 Final Action AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE OF TH CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "Cl", CIVIC INSTITUTION TRANSECT ZONE, 0 "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY GENE' LLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS ORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDING CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING F*' AN EFFECTIVE DATE. ate: WHEREAS, the property generally located at 150 Northe.st 19 Street, Miami, Florida, as more particularly described in the attached and incorporated E ibit "A" ("Property"), is zoned "Cl", Civic Institution Transect Zone; and WHEREAS, Arthur Noriega V, City Manager, on .ehalf of the City of Miami ("Applicant") submitted a request to change the zoning classificatio of the Property from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Tran -ct Zone; and WHEREAS, the Applicant submitted this -quest to comply with Parks, Recreation, and Open Spaces Policy PR-2.1.1 of the Miami Co prehensive Neighborhood Plan ("MCN,P,"), the City's no -net -loss policy for public park land, conjunction with the Miami Freedom Pa-k Special Area Plan (ePlan ID PZ-20-6114); :nd WHEREAS, the Property is ap oximately 268,765 square feet (6.170 acresj._`jLlanci; and w WHEREAS, the Future nd Use Map ("FLUM") designation on the MCNP i "Maje Fri Institutional, Public Facilities, ansportation, and Utilities"; and ," WHEREAS, there a concurrent Comprehensive Plan Amendment applicatithi (F .'--22- 14674) to amend the FL 4 M designation of the Property; and WHEREAS, e Property is currently undeveloped and is generally bordered by a fire station, temple, c- etery, and educational uses; and WHE-' AS, the Property is generally bounded by Northeast 19 Street to the north, a municipal c etery to the south, a temple to the east, and a City of Miami fire station to the west; and HEREAS, the Property was zoned G/I, Government and Institutional, under Ordinance No. 1000, the previous Zoning Code of the City of Miami, Florida, as amended, which was si► llar in intent to the "Cl", Civic Institution Transect Zone; and City of Miami Page 1 of 3 File ID: 12222 (Revision: A) Printed On: 6/30/2023 File ID: 12222 SUBSTITUTED Enactment Number: 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. 1311 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 . d the MCNP, including Objective PR-1.1 intent of providing a park within a 10-minute walk every resident, compliance with the rezoning criteria found in Section 7.1.2.8.f.1 of the Mi,. i 21 Code; and WHEREAS, the proposed application is consistent with Section 7.1.2.:.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed appr intent of the Miami 21 Code; and riate in light of the WHEREAS, the Planning Department recommends appral of the rezoning application from "Cl", Civic Institution Transect Zone, to "CS", Civic Space 'ransect Zone; and WHEREAS, the Planning, Zoning and Appeals Boa • ("PZAB"), at its meeting on July 20, 2022, following an advertised public hearing, adopte. -esolution No. PZAB-R-22-028, Item No. PZAB.9, which reflected the PZAB's failure to recor mend approval of the subject proposed rezoning as there was a motion to recommend appro - al with the request that the City's Park and Recreation Department report to PZAB every . nuary and July to provide a status of the park improvements; however, only five (5) members voted in favor and four (4) members voted against, thereby failing to obtain the required s ..ermajority vote required of PZAB to recommend approval of the Zoning Change; : nd WHEREAS, City Commission ha considered the need and justification for theprop`ted change, including changed or changin ; conditions that make the passage of the propoed change necessary; and -_ h 113 r--- 0''1 C.) WHEREAS, City Commi .ion has considered the goals, objectives, and polides ofe iT) Miami Comprehensive Plan, t • Miami 21 Code, and all other City regulations; - za , BE IT ORDAINED BY THE COMMISSION OF THE CifY Off" NOW, THEREFO MIAMI, FLORIDA: Section 1. T - recitals and findings contained in the Preamble to this Ordinance are adopted by refere e and incorporated as if fully set forth in this Section. Sectio . The Zoning Atlas of the Miami 21 Code is hereby amended by changing the zoning class cation from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone, for te property generally located at 150 Northeast 19 Street, Miami, Florida, as more specificy described in Exhibit "A," attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Orinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 2 of 3 File ID: 12222 (Revision: A) Printed on: 6/30/2023 SUBSTITUTED File ID: 12222 Enactment Number: 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: 6,1 :II WV C-1nrUUQZ City of Miami Page 3 of 3 File ID: 12222 (Revision: A) Printed on: 6/30/2023 SUBSTITUTED coti „ Nei I \ City of Miami Ordinance 14098 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12222 Final Action Date: 9/1 2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING TH ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING CODE • THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE Z""NING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT ONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY e NERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORI►A, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT"A"; MAKING FIHDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVID G FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 150 Nort -ast 19 Street, Miami, Florida, as more particularly described in the attached and incorporated xhibit "A" ("Property"), is zoned "Cl", Civic Institution Transect Zone; and WHEREAS, Arthur Noriega V, City Manager, obehalf of the City of Miami ("Applicant") submitted a request to change the zoning classificat'.n of the Property from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Tr. sect Zone; and n c-4 WHEREAS, the Applicant submitted t ' request to comply with Parks, Recrefion, hitid Open Spaces Policy PR-2.1.1 of the Miami ' omprehensive Neighborhood Plan ("MeNP"),'fFie 111 City's no -net -loss policy for public park la ., in conjunction with the Miami Freedom=Park c.0 (. Special Area Plan (ePlan ID PZ-20-611 , , and WHEREAS, the Property is ..proximately 268,765 square feet (6.170 acres),of IaFt; ;J and , WHEREAS, the Futur= and Use Map ("FLUM") designation on the MCNP is "Major Institutional, Public Facilitie , Transportation, and Utilities"; and WHEREAS, ther is a concurrent Comprehensive Plan Amendment application (PZ-22- 14674) to amend the . UM designation of the Property; and WHEREA', the Property is currently undeveloped and is generally bordered by a fire station, temple, emetery, and educational uses; and WH • ' EAS, the Property is generally bounded by Northeast 19 Street to the north, a municipal emetery to the south, a temple to the east, and a City of Miami fire station to the west; a WHEREAS, the Property was zoned G/I, Government and Institutional, under Ordinance . 11000, the previous Zoning Code of the City of Miami, Florida, as amended, which was imilar in intent to the "Cl", Civic Institution Transect Zone; and City of Miami Page 1 of 3 File ID: 12222 (Revision:) Printed On: 6/21/2023 SUBSTITUTED File ID: 12222 Enactment Number: 14098 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. 131 4, 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 2 and the MCNP, including Objective PR-1.1 intent of providing a park within a 10-minute wal of every resident, compliance with the rezoning criteria found in Section 7.1.2.8.f.1 of the ! lami 21 Code; and WHEREAS, the proposed application is consistent with Section 7.1. .8.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed app'opriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends app'.val of the rezoning application from "Cl", Civic Institution Transect Zone, to "CS", Civic Spac- Transect Zone; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on following an advertised public hearing dopted Resolution No. PZAB-R-= by a vote of to ( - ), Item No. ' ZAB. , recommending of the zoning change; and WHEREAS, City Commission has given f consideration to the Planning Department recommendation; and G] WHEREAS, City Commission has considered the need and justification for the_proporsed change, including changed or changing c . nditions that make the passage of the prop`0s0 change necessary; and co r-r7 WHEREAS, City Commissihas considered the goals, objectives, and polio* of •_. Miami Comprehensive Plan, the iami 21 Code, and all other City regulations; NOW, THEREFORE, E IT ORDAINED BY THE COMMISSION OF THE CITY' OFF MIAMI, FLORIDA: Section 1. The -citals and findings contained in the Preamble to this Ordinance are adopted by reference : nd incorporated as if fully set forth in this Section. Section 2. he Zoning Atlas of the Miami 21 Code is hereby amended by changing the zoning classificion from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect Zone, for the . operty generally located at 150 Northeast 19 Street, Miami, Florida, as more specifically described in Exhibit "A," attached and incorporated. ection 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordin , nce is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 2 of 3 File ID: 12222 (Revision:) Printed on: 6/21/2023 SUBSTITUTED File ID: 12222 Enactment Number: 14098 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: ndez, ity ttor ey 8/23/2022 is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ays 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: 12222 (Revision:) Printed on: 6/21/2023