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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14100 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12224 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 "CI -HD", CIVIC INSTITUTION — HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIVIC SPACE TRANSECT ZONE, OF A PORTION OF THE PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12 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 generally located at 1950 Northwest 12 Avenue Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property"), is zoned "CI -HD" Civic Institution — Health District Zone; and WHEREAS, the 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 "CI -HD" Civic Institution — Health District Zone to "CS" Civic Space Zone, as described in Exhibit "A," attached and incorporated; 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 of Miami's ("City") no -net -loss policy for public park land, in conjunction with the rsigariV Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and 2.! �, rn - �L7 WHEREAS, the Property is a portion of one (1) parcel totaling approximately7,860 rn square feet (5.00 acres) of land, as described in Exhibit "A"; and WHEREAS, the Future Land Use Map ("FLUM") designation of the PropertyiialaW Fri Institutional, Public Facilities, Transportation, and Utilities"; and CD WHEREAS, there is a concurrent Comprehensive Plan Amendment applicatiorifortile Property (PZ-22-14676); and WHEREAS, the Property is currently used by the City General Services Administration and is bordered by hospital and residential uses; and WHEREAS, the Property is generally bounded by Northwest 20 Street to the north, the Veterans Affairs Hospital to the south, a Miami -Dade County wastewater treatment facility to the east, and other City administration property to the west; and WHEREAS, the Property was zoned G/I under the previous 11000 Zoning Code, which was similar in intent to the "CI -HD" Zone; and City of Miami Page 1 of 3 File ID: 12224 (Revision: B) Printed On: 5/11/2023 12224 - Legislation -SUB File ID: 12224 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14100 WHEREAS, the proposed rezone to "CS" Civic Space 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 Miami 21 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 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 Tight of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "Cl- HD", Civic Institution — Health District 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-22-030 by a vote of eight to one (8-1), Item No. PZAB.11, 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, PZAB further indicated that if the City is able to sell the Property f& mwp than its use as a park and replace it with a larger park, the City should be allowed to di sow order to maximize the value of the Property and requested that City staff report bacisM F'243 with a plan on how to maximize the value of the Property by buying at least this muarind M somewhere else within the City and converting into a park; and Q_, — C7 -rrri co in WHEREAS, City Commission has given full consideration to the Planning Df^arta t Z recommendation; and Pi r) r •• WHEREAS, City Commission has considered the need and justification for th�iproNsed 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 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. City of Miami Page 2 of 3 File ID: 12224 (Revision: B) Printed on: 5/11/2023 File ID: 12224 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14100 Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification from "CI -HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect Zone, for a portion of the property generally located at 1950 Northwest 12 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. 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: ttor ev 8/24/2022 WLtt6ria 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: 12224 (Revision: B) Printed on: 5/11/2023 SUBSTITUTED City of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12224 Final Action AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "CI -HD", CIVIC INSTITUTION - HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIV SPACE TRANSECT ZONE, OF A PORTION OF THE PROPERTY GNERALLY LOCATED AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORID t AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FIND! ' S; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING roR AN EFFECTIVE DATE. ate: WHEREAS, the property generally located at 1950 No west 12 Avenue Miami, Florida, as more particularly described in the attached and incorpora •d Exhibit "A" ("Property"), is zoned "CI -HD" Civic Institution - Health District Zone; and WHEREAS, the Arthur Noriega V, City Manag ("Applicant") has submitted a request to change the "CI -HD" Civic Institution - Health District Zone to " "A," attached and incorporated; and WHEREAS, the Applicant submitted Open Spaces Policy PR-2.1.1 of the Mia City of Miami's ("City") no -net -loss polic Freedom Park Special Area Plan (ePI WHEREAS, the Property square feet (5.00 acres) of land " , on behalf of the City of Miami, ning classification of the Property from Civic Space Zone, as described in Exhibit s request to comply with Parks, Recreation, and Comprehensive Neighborhood Plan ("MCNP"), the or public park land, in conjunction with the Miami ID PZ-20-6114); and-11 0 - w i a portion of one (1) parcel totaling approximatelyarp,8g s described in Exhibit "A"; andoa WHEREAS, the Fut e Land Use Map ("FLUM") designation of the Property tsVlaj6g, Institutional, Public Faciliti-s, Transportation, and Utilities"; and >4 (-) w WHEREAS, th re is a concurrent Comprehensive Plan Amendment applicatiomr-orI Property (PZ-22-14. 6); and x ti3 WHERE ' S, the Property is currently used by the City General Services Administration and is border by hospital and residential uses; and W. REAS, the Property is generally bounded by Northwest 20 Street to the north, the Vetera : Affairs Hospital to the south, a Miami -Dade County wastewater treatment facility to the east, - d other City administration property to the west; and WHEREAS, the Property was zoned G/I under the previous 11000 Zoning Code, which as similar in intent to the "CI -HD" Zone; and City of Miami Page 1 of 3 File ID: 12224 (Revision: A) Printed On: 5/11/2023 SUBSTITUTED File ID: 12224 Enactment Number: 14100 WHEREAS, the proposed rezone to "CS" Civic Space 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. 13 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 Miami 21 a : the Miami Comprehensive Neighborhood Plan ("MCNP"), including Objective PR-1.1 i ent of providing a park within a 10-minute walk of every resident, compliance with the r oning 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 .8.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed ap• opriate in Tight of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends ap• oval of the rezoning application from "Cl- HD", Civic Institution — Health District Transect Zo to "CS", Civic Space Transect Zone; and WHEREAS, the Planning, Zoning and Appeals 20, 2022, following an advertised public hearing, ad vote of eight to one (8-1), Item No. PZAB.11, reco and requesting that the City's Parks and Recrea meetings every January and July of every year the park improvements and a timeframe as t public; and oard ("PZAB"), at its meeting on July ted Resolution No. PZAB-R-22-030 by a mending approval of the Zoning Change n Department report to PZAB during its ntil the park is completed to provide a status of when the park will be usable as a park by the WHEREAS, PZAB further indicted that if the City is able to sell the Property for more than its use as a park and replace it ith a larger park, the City should be allowed to so in order to maximize the value of the '' roperty and requested that City staff report back tT1 P with a plan on how to maximize e value of the Property by buying at least this muctFparl nd somewhere else within the Cit and converting into a park; and `'` WHEREAS, City C' mmission has given full consideration to the Planning Dt rtnit p1 recommendation; and 3� WHEREAS, ' ity Commission has considered the need and justification for ffi ?prdhcbseP change, including ' anged or changing conditions that make the passage of the proglse6) change necess. ' , and co WH "EAS, City Commission has considered the goals, objectives, and policies of the MCNP, th- iami 21 Code, and all other City regulations; OW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIA I, 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. City of Miami Page 2 of 3 File ID: 12224 (Revision: A) Printed on: 5/11/2023 File ID: 12224 SUBSTITUTED Enactment Number: 14100 Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification from "CI -HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Transect Zone, for a portion of the property generally located at 1950 Northwest 12 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 " is Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be a ' ected. 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), Flo da Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: na ttor ev 8/24/2022 1 T s Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) d ,ys from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become ffective 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: 12224 (Revision: A) Printed on: 5/11/2023 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Driv Miami, FL 33133 www.miamigov.co File Number: 12224 Final Acti AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDI ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING 0 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI BY CHANGING THE ZONING CLASSIFICATION FROM " INSTITUTION — HEALTH DISTRICT TRANSECT ZONE, SPACE TRANSECT ZONE, OF THE PROPERTY GEN AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORI PARTICULARLY DESCRIBED IN EXHIBIT "A"; MA CONTAINING A SEVERABILITY CLAUSE; AND EFFECTIVE DATE. THE DINANCE 1 CODE"), -HD", CIVIC 0 "CS", CIVIC RALLY LOCATED , MORE ING FINDINGS; OVIDING FOR AN Date: WHEREAS, the property generally located at 1 ••0 Northwest 12 Avenue Miami, Florida, as more particularly described in the attached and in •rporated Exhibit "A" ("Property"), is zoned "CI -HD" Civic Institution — Health District Zone; and WHEREAS, the Arthur Noriega V, City anager, on behalf of the City of Miami, ("Applicant") has submitted a request to chan, e the zoning classification of the Property from "CI -HD" Civic Institution — Health District Z. e to "CS" Civic Space Zone, as described in Exhibit "A," attached and incorporated; and o 0 -r7 N 4.9 WHEREAS, the Applicant su • itted this request to comply with Parks, RecEationandJ Open Spaces Policy PR-2.1.1 of th Miami Comprehensive Neighborhood Plan ("Nd - P");lhe F City of Miami's ("City") no-net-los policy for public park land, in conjunction with thE017fianiTol� l Freedom Park Special Area PI (ePlan ID PZ-20-6114); and - --- r -i WHEREAS, the Pr. •erty is a portion of one (1) parcel totaling approximateVIA5,O96 Q square feet (6.106 acres •f land, as described in Exhibit "A"; and ; , N WHEREAS, t - Future Land Use Map ("FLUM") designation of the Property is "Major Institutional, Public ' acilities, Transportation, and Utilities"; and WHER Property (PZ W and is S, there is a concurrent Comprehensive Plan Amendment application for the 2-14676); and EREAS, the Property is currently used by the City General Services Administration rdered by hospital and residential uses; and WHEREAS, the Property is generally bounded by Northwest 20 Street to the north, the V terans Affairs Hospital to the south, a Miami -Dade County wastewater treatment facility to the ast, and other City administration property to the west; and WHEREAS, the Property was zoned G/I under the previous 11000 Zoning Code, which was similar in intent to the "CI -HD" Zone: and City of Miami File ID: 12224 (Revision:) Printed On: 7/19/2022 SUBSTITUTED WHEREAS, the proposed rezone to "CS" Civic Space 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 Miami 21 and th Miami Comprehensive Neighborhood Plan ("MCNP"), including Objective PR-1.1 intent •f providing a park within a 10-minute walk of every resident, compliance with the rezon g 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. (b) of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed approp '•te in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approvof the rezoning application from "CI- HD", Civic Institution — Health District Transect Zone, t• CS", Civic Space Transect Zone; and WHEREAS, the Planning, Zoning and Appeals Bo following an advertised public hearing, ado by a vote of to (_-_), Item No. PZAB. the zoning change; and ("PZAB"), at its meeting on ed Resolution No. PZAB-R-= , recommending WHEREAS, City Commission has given II consideration to the Planning Department recommendation; and WHEREAS, City Commission has change, including changed or changing change necessary; and WHEREAS, City Commis MCNP, the Miami 21 Code, an NOW, THEREFOR MIAMI, FLORIDA: II of onsidered the need and justification for thecpro osed onditions that make the passage of the propt ec0 w corn 1-4 CD n has considered the goals, objectives, and polidi fi of ie l �l other City regulations; -rt;,; Co Cl BE IT ORDAINED BY THE COMMISSION OF THE CY OP 0.13 rT7 N Section 1. Th- recitals and findings contained in the Preamble to this Ordinance adopted by referen.- and incorporated as if fully set forth in this Section. Section The Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification om "CI -HD", Civic Institution — Health District Transect Zone, to "CS", Civic Space Tra -ect Zone, for the property generally located at 1950 Northwest 12 Avenue, Miami, Florida, .. described in Exhibit "A," attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ornance is declared invalid, the remaining provisions of this Ordinance shall not be affected. f� rr7 O City of Miami File ID: 12224 (Revision:) Printed On: 7/19/2022 SUBSTITUTED 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: 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 File ID: 12224 (Revision:) Printed On: 7/19/2022