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HomeMy WebLinkAboutO-14098City of Miami Ordinance 14098 Legislation 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 "Cl", 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 WHEREAS, the Property is approximately 268,765 square feet (6.170 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation on the MCNP is "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22- 14674) to amend the FLUM designation of the Property; and WHEREAS, the Property is currently undeveloped and is generally bordered by a fire 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: 6/20/2025 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 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 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 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: 6/20/2025 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: ez, uty 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: 6/20/2025