HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney\77t— for
DATE: June 14, 2023
RE: Ordinance No. 14102 — Rezoning — 1641, 1649, 1651, and 1680 Northwest 5
Street and 1610 Northwest 6 Street
File No. 12226
At its September 13, 2022, meeting, the City Commission adopted the above -referenced
agenda item, PZ.20, 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 "T5-L," Urban Center Transect Zone — Limited, to "CS," Civic Space
Transect Zone, for the property generally located at 1641, 1649, and 1651 Northwest 5 Street,
Miami, Florida, and by changing the zoning classification from "CI," Civic Institution Transect
Zone, to "CS," Civic Space Transect Zone, for the property generally located at 1680 Northwest
5 Street and 1610 Northwest 6 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."
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Enclosure(s)
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City of Miami
Ordinance 14102
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12226
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, BY
CHANGING THE ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION
TRANSECT ZONE, AND "T5-L", URBAN CENTER TRANSECT ZONE -
LIMITED, TO "CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY
GENERALLY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5
STREET AND 1610 NORTHWEST 6 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 located at 1641, 1649, and 1651 Northwest 5 Street, Miami,
Florida ("Property A") has a zoning designation of "T5-L", Urban Center Transect Zone - Limited;
and
WHEREAS, the property located at 1680 Northwest 5 Street and 1610 Northwest 6
Street, Miami, Florida ("Property B") has a zoning designation of "Cl" Civic Institution Zone
("Property A" and "Property B" collectively referred to as "Property"); and
WHEREAS, the Property is more particularly described in Exhibit "A," attached and
incorporated; and
WHEREAS, the Property subject to this application consists of five (5) parcels and is
4.195 ± acres in size; and
WHEREAS, Property A contains 22,500 square feet and Property B contains 160,231
square feet for a total of approximately 182,731 square feet (4.195 acres); and ^,
N
WHEREAS, the Property is owned by the City of Miami and is located in the tittle c
Havana neighborhood, immediately adjacent to the baseball stadium; and
("1 4 N C)
WHEREAS, Arthur Noriega V, City Manager, on behalf of the Applicant submitted aa- nr7
request to change the zoning classification of the Property from "T5-L" Urban Center-Trarct '
Zone — Limited, and "Cl", Civic Institution Transect Zone, to "CS", Civic Space Tra rnsoFt Vie;
and
WHEREAS, the Applicant submitted this request to comply with Parks, Recreation, and
Open Spaces Policy PR-2.1.1 of the 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
City of Miami Page 1 of 3 File ID: 12226 (Revision: B) Printed On: 6/14/2023
File ID: 12226 Enactment Number: 14102
WHEREAS, the FLUM designation for Property A is "Medium Density Restricted
Commercial" and the FLUM designation for Property B is "Major Institutional, Public Facilities,
Transportation, and Utilities"; and
WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22-
14680) to change the future land use designation of the Property to "Public Parks and
Recreation"; and
WHEREAS, the Property is currently undeveloped and is bordered by sports and
residential uses; and
WHEREAS, the Property is generally bounded by Northwest 6 Street to the north,
Northwest 4 Street to the south, the Marlins baseball stadium to the east, and Northwest 17
Avenue to the west; and
WHEREAS, Property A was zoned R-3 and Property B was zoned G/I, Government and
Institutional, under Ordinance No. 11000, the previous Zoning Code of the City of Miami,
Florida, as amended; and
WHEREAS, the proposed "CS", Civic Space Transect Zone, would result in a decrease
in allowed development intensity; and
WHEREAS, the zoning change 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 Code and
the MCNP, including Objective PR-1.1 intent of providing a park within a ten (10) minute walk of
every resident, compliance with the rezoning criteria found in Section 7.1.2.8.f.1 of thaWiap 21
Code; and c)
rrl
WHEREAS, the rezoning of the Property is consistent with Section 7.1.2.8.f4) o le r r)
Miami 21 Code; and ry Cp
rlt
•
WHEREAS, the zoning change is deemed appropriate in light of the intent The l�mii
21 Code; and —
r
77 LID
m
WHEREAS, the Planning Department recommends approval of the rezonling:ipplfsation
from T5-L", Urban Center Transect Zone — Limited, and "Cl", Civic Institution Zone, to "CS",
Civic Space 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-22-032 by a
vote of eight to one (8-1), Item No. PZAB.13, 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, City Commission has given full consideration to the Planning Department
recommendation; and
City of Miami Page 2 of 3 File ID: 12226 (Revision: B) Printed on: 6/14/2023
File ID: 12226 Enactment Number: 14102
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
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.
Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning
classification from "T5-L", Urban Center Transect Zone — Limited, to "CS", Civic Space Transect
Zone, for the property generally located at 1641, 1649, and 1651 Northwest 5 Street, Miami,
Florida, as more particularly described in "Exhibit A," attached and incorporated.
Section 3. The Zoning Atlas of the Miami 21 Code is further amended by changing the
zoning classification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect
Zone, for the property generally located at 1680 Northwest 5 Street and 1610 Northwest 6
Street, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated.
Section 4. 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 5. 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:
' 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: 12226 (Revision: B) Printed on: 6/14/2023
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 12226 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, BY CHANGING THE
ZONING CLASSIFICATION FROM "Cl", CIVIC INSTITUTION TRANSECT
ZONE, AND "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, TO
"CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY
GENERALLY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5
STREET AND 1610 NORTHWEST 6 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 located at 1641, 1649, and 1651 Northwest 5 Street, Miami,
Florida ("Property A") has a zoning designation of "T5-L", Urban Center Transect Zone - Limited;
and
WHEREAS, the property located at 1680 Northwest 5 Street and 1610 Northwest 6
Street, Miami, Florida ("Property B") has a zoning designation of "Cl" Civic Institution Zone
("Property A" and "Property B" collectively referred to as "Property"); and
WHEREAS, the Property is more particularly described in Exhibit "A," attached and
incorporated; and
WHEREAS, the Property subject to this application consists of five (5) parcels and is
4.195 ± acres in size; and
WHEREAS, Property A contains 22,500 square feet and Property B contains 16b,2
square feet for a total of approximately 182,731 square feet (4.195 acres); and
in C --0
WHEREAS, the Property is owned by the City of Miami and is located in thelittle N
Havana neighborhood, immediately adjacent to the baseball stadium; and ,' 111
: J_s
WHEREAS, Arthur Noriega V, City Manager, on behalf of the Applicant subthittedf 171
request to change the zoning classification of the Property from "T5-L" Urban Centerrarict r�
Zone — Limited, and "Cl", Civic Institution Transect Zone, to "CS", Civic Space Trant Zrne;
and
WHEREAS, the Applicant submitted this request to comply with Parks, Recreation, and
Open Spaces Policy PR-2.1.1 of the 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
City of Miami File ID: 12226 (Revision:) Printed On: 7/19/2022
WHEREAS, the FLUM designation for Property A is "Medium Density Restricted
Commercial" and the FLUM designation for Property B is "Major Institutional, Public Facilities,
Transportation, and Utilities"; and
WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22-
14680) to change the future land use designation of the Property to "Public Parks and
Recreation"; and
WHEREAS, the Property is currently undeveloped and is bordered by sports and
residential uses; and
WHEREAS, the Property is generally bounded by Northwest 6 Street to the north,
Northwest 4 Street to the south, the Marlins baseball stadium to the east, and Northwest 17
Avenue to the west; and
WHEREAS, Property A was zoned R-3 and Property B was zoned G/I, Government and
Institutional, under Ordinance No. 11000, the previous Zoning Code of the City of Miami,
Florida, as amended; and
WHEREAS, the proposed "CS", Civic Space Transect Zone, would result in a decrease
in allowed development intensity; and
WHEREAS, the zoning change 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 Code and
the MCNP, including Objective PR-1.1 intent of providing a park within a ten (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 rezoning of the Property is consistent with Section 7.1.2.8.f.1(b) of the
Miami 21 Code; and
WHEREAS, the zoning change is deemed appropriate in Tight of the intent of the Miami
21 Code; and;
f _N
WHEREAS, the Planning Department recommends approval of the rezoninggpplication
from T5-L", Urban Center Transect Zone — Limited, and "Cl", Civic Institution Zone, y`CS' 1 �1
Civic Space Zone; and N CD
�I') I
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meetir on 3 „�
following an advertised public hearing, adopted Resolution No. PZAB
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
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
MCNP, the Miami 21 Code, and all other City regulations;
City of Miami File ID: 12226 (Revision:) Printed On: 7/19/2022
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 amended by changing the zoning
classification from "T5-L", Urban Center Transect Zone — Limited, to "CS", Civic Space Transect
Zone, for the property generally located at 1641, 1649, and 1651 Northwest 5 Street, Miami,
Florida, as more particularly described in "Exhibit A," attached and incorporated.
Section 3. The Zoning Atlas of the Miami 21 Code is further amended by changing the
zoning classification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect
Zone, for the property generally located at 1680 Northwest 5 Street and 1610 Northwest 6
Street, Miami, Florida, as described in "Exhibit A," attached and incorporated.
Section 4. 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 5. 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: 12226 (Revision:) Printed On: 7/19/2022
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 12226 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, BY CHANGING THE
ZONING CLASSIFICATION FROM "CI", CIVIC INSTITUTION TRANSECT
ZONE, AND "T5-L", URBAN CENTER TRANSECT ZONE — LIMITED, TO
"CS", CIVIC SPACE TRANSECT ZONE, OF THE PROPERTY
GENERALLY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5
STREET AND 1610 NORTHWEST 6 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 located at 1641, 1649, and 1651 Northwest 5 Street, Miami,
Florida ("Property A") has a zoning designation of "T5-L", Urban Center Transect Zone - Limited;
and
WHEREAS, the property located at 1680 Northwest 5 Street and 1610 Northwest 6
Street, Miami, Florida ("Property B") has a zoning designation of "Cl" Civic Institution Zone
("Property A" and "Property B" collectively referred to as "Property"); and
WHEREAS, the Property is more particularly described in Exhibit "A," attached and
incorporated; and
WHEREAS, the Property subject to this application consists of five (5) parcels and is
4.195 ± acres in size; and N
� w
WHEREAS, Property A contains 22,500 square feet and Property B containg50,1 �7
square feet for a total of approximately 182,731 square feet (4.195 acres); and = - P1
N CD
WHEREAS, the Property is owned by the City of Miami and is located in thtle±3.
Havana neighborhood, immediately adjacent to the baseball stadium; and r
(7 r
WHEREAS, Arthur Noriega V, City Manager, on behalf of the Applicant subnmtted.i
request to change the zoning classification of the Property from "T5-L" Urban Centerfransect
Zone — Limited, and "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 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
City of Miami File ID: 12226 (Revision:) Printed On: 8/30/2022
WHEREAS, the FLUM designation for Property A is "Medium Density Restricted
Commercial" and the FLUM designation for Property B is "Major Institutional, Public Facilities,
Transportation, and Utilities"; and
WHEREAS, there is a concurrent Comprehensive Plan Amendment application (PZ-22-
14680) to change the future land use designation of the Property to "Public Parks and
Recreation"; and
WHEREAS, the Property is currently undeveloped and is bordered by sports and
residential uses; and
WHEREAS, the Property is generally bounded by Northwest 6 Street to the north,
Northwest 4 Street to the south, the Marlins baseball stadium to the east, and Northwest 17
Avenue to the west; and
WHEREAS, Property A was zoned R-3 and Property B was zoned G/I, Government and
Institutional, under Ordinance No. 11000, the previous Zoning Code of the City of Miami,
Florida, as amended; and
WHEREAS, the proposed "CS", Civic Space Transect Zone, would result in a decrease
in allowed development intensity; and
WHEREAS, the zoning change 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 Code and
the MCNP, including Objective PR-1.1 intent of providing a park within a ten (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 rezoning of the Property is consistent with Section 7.1.2.8.f.1(b) of the
Miami 21 Code; and
WHEREAS, the zoning change is deemed appropriate in light of the intent of thC,Miqmi
21 Code; and -77 IV
C.
WHEREAS, the Planning Department recommends approval of the rezoning applicabon d`Yi
from T5-L", Urban Center Transect Zone — Limited, and "Cl", Civic Institution Zone, t4'VS"I%) �
11
Civic Space Zone; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting -on Ate
20, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-032 ll a
vote of eight to one (8-1), Item No. PZAB.13, recommending approval of the Zoning Cbnge
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, City Commission has given full consideration to the Planning Department
recommendation; 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
City of Miami File ID: 12226 (Revision:) Printed On: 8/30/2022
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.
Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning
classification from "T5-L", Urban Center Transect Zone — Limited, to "CS", Civic Space Transect
Zone, for the property generally located at 1641, 1649, and 1651 Northwest 5 Street, Miami,
Florida, as more particularly described in "Exhibit A," attached and incorporated.
Section 3. The Zoning Atlas of the Miami 21 Code is further amended by changing the
zoning classification from "Cl", Civic Institution Transect Zone, to "CS", Civic Space Transect
Zone, for the property generally located at 1680 Northwest 5 Street and 1610 Northwest 6
Street, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated.
Section 4. 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 riot be affected.
Section 5. 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:
r i a
r'- ..
rri
' 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: 12226 (Revision:) Printed On: 8/30/2022