HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorneyfor
DATE: May 11, 2023
RE: Ordinance No. 14100 — Rezoning — 1950 Northwest 12 Avenue
File No. 12224
At its September 13, 2022, meeting, the City Commission adopted the above -referenced
agenda item, PZ.18, 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, for a portion of the property generally located at 1950 Northwest 12
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 B.
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Enclosure(s)
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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 applicatiogifortile
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
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. 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
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
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12224 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 -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 Miami
ett
Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and o
- w
WHEREAS, the Property is a portion of one (1) parcel totaling approximately 2 7,8g
square feet (5.00 acres) of land, as described in Exhibit "A"; and
C7
-n - -; I?1
WHEREAS, the Future Land Use Map ("FLUM") designation of the Property tsVlaj6g, .,C
Institutional, Public Facilities, Transportation, and Utilities"; and
n w O
WHEREAS, there is a concurrent Comprehensive Plan Amendment application orI E
Property (PZ-22-14676); and x ti3
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: A) Printed On: 5/11/2023
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. 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 for more
than its use as a park and replace it with a larger park, the City should be allowed to so in
order to maximize the value of the Property and requested that City staff report back 41 P
with a plan on how to maximize the value of the Property by buying at least this muctFparlj nd
somewhere else within the City and converting into a park; and - f�
o-`
WHEREAS, City Commission has given full consideration to the Planning Deartnlialt p1
recommendation; and = 3
WHEREAS, City Commission has considered the need and justification for ffi?prdhcbseP
change, including changed or changing conditions that make the passage of the proglse6)
change necessary; and co
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: A) Printed on: 5/11/2023
File ID: 12224
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:
na
ttor ev 8/24/2022
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: 12224 (Revision: A) Printed on: 5/11/2023
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 12224 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 -HD", CIVIC
INSTITUTION — HEALTH DISTRICT TRANSECT ZONE, TO "CS", CIVIC
SPACE TRANSECT ZONE, OF THE PROPERTY GENERALLY LOCATED
AT 1950 NORTHWEST 12 AVENUE, MIAMI, FLORIDA, 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 a
WHEREAS, the Applicant submitted this request to comply with Parks, RecipEttionand2J
Open Spaces Policy PR-2.1.1 of the Miami Comprehensive Neighborhood Plan (UF - P");the F
City of Miami's ("City") no -net -loss policy for public park land, in conjunction with thVMiann m
Freedom Park Special Area Plan (ePlan ID PZ-20-6114); and
=� aa•
WHEREAS, the Property is a portion of one (1) parcel totaling approximateryidp5,896 0
square feet (6.106 acres) of land, as described in Exhibit "A"; and ; ,
WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is "Major
Institutional, Public Facilities, Transportation, and Utilities"; and
WHEREAS, there is a concurrent Comprehensive Plan Amendment application for the
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 File ID: 12224 (Revision:) Printed On: 7/19/2022
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 light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "CI- 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
following an advertised public hearing, adopted Resolution No. PZAB-R-=
by a vote of to (_-_), Item No. PZAB. , recommending
the zoning change; and
WHEREAS, City Commission has given full consideration to the Planning Department
recommendation; and
of
WHEREAS, City Commission has considered the need and justification for thepro osed
change, including changed or changing conditions that make the passage of the propq eoQ
change necessary; and
WHEREAS, City Commission has considered the goals, objectives, and polidifi oe l�
MCNP, the Miami 21 Code, and all other City regulations; m
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CitX OPc r1
MIAMI, FLORIDA: uo
rn N
Section 1. The recitals and findings contained in the Preamble to this Ordinarge
adopted by reference and incorporated as if fully set forth in this Section.
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 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.
City of Miami File ID: 12224 (Revision:) Printed On: 7/19/2022
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