HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorne}�Jt— for
DATE: June 23, 2023
RE: Ordinance No. 14098 — Rezoning - 150 Northeast 19 Street
File No. 12222
At its September 13, 2022, meeting, the City Commission adopted the above -referenced
agenda item, PZ.16, 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 generally located at 150 Northeast 19 Street, Miami, Florida. The item
inadvertently printed without the language "With Attachment(s)" in the title.
The Legislation has been corrected and incremented to Revision "B."
VM/ALK/vja
Enclosure(s)
Na £- inr EMI
1 2z22_ &rIAJenelS
!) k
City of Miami
Ordinance 14098
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12222
Final Action Date: 9/13/2022
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
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 ". Fajor;::'
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
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. 'propgaed �-
change, including changed or changing conditions that make the passage of the proposed w -
change necessary; and I
WHEREAS, City Commission has considered the goals, objectives, and polrciAs of ie !1
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
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:
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: 12222 (Revision: B) Printed on: 6/30/2023
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12222
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "Cl", 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"; 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 ("MCN,P,"), the
City's no -net -loss policy for public park land, in conjunction with the Miami Freedom Pa-k
Special Area Plan (ePlan ID PZ-20-6114); and
r c.=
WHEREAS, the Property is approximately 268,765 square feet (6.170 acresj._`oL'lanci;
and w
WHEREAS, the Future Land Use Map ("FLUM") designation on the MCNP i "Majeg
Institutional, Public Facilities, Transportation, and Utilities"; and
WHEREAS, there is a concurrent Comprehensive Plan Amendment applicatithi (F .'--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: A) Printed On: 6/30/2023
File ID: 12222 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. 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
h ,
WHEREAS, City Commission has considered the need and justification for theprop`ted
change, including changed or changing conditions that make the passage of the propel ed
change necessary; and _ r--_,.i
C7
WHEREAS, City Commission has considered the goals, objectives, and polides ofe i 7!
Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; - za
%7
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CItY Off"
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: A) Printed on: 6/30/2023
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:
61: H WV c- inr zZOZ
2J
171
(7)
Fri
Fr;
City of Miami Page 3 of 3 File ID: 12222 (Revision: A) Printed on: 6/30/2023
City of Miami
Ordinance 14098
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12222 Final Action Date: 9/13/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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"; 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
n
WHEREAS, the Applicant submitted this request to comply with Parks, Recrefion, hitid
Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan ("MeNP"),'fFie 111
City's no -net -loss policy for public park land, in conjunction with the Miami Freedom=Park c.0
Special Area Plan (ePlan ID PZ-20-6114); and
WHEREAS, the Property is approximately 268,765 square feet (6.170 acres)pf ;J
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:) Printed On: 6/21/2023
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
following an advertised public hearing, adopted Resolution No. PZAB-R-=
by a vote of to ( - ), Item No. PZAB. , recommending
of the zoning change; and
WHEREAS, City Commission has given full consideration to the Planning Department
recommendation; and
7 G]
WHEREAS, City Commission has considered the need and justification for the_proporsed
change, including changed or changing conditions that make the passage of the prop`0s0
change necessary; and
co r--r7
WHEREAS, City Commission has considered the goals, objectives, and poliEiPs of '
Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; ='' 1
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY' OFF
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:) Printed on: 6/21/2023
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
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:) Printed on: 6/21/2023