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HomeMy WebLinkAboutO-14298City of Miami Ordinance 14298 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14892 Final Action Date: 7/11/2024 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 "CS," CIVIC SPACE TRANSECT ZONE, TO "T6-48-B-O," URBAN CORE TRANSECT ZONE -OPEN, OF THE PROPERTY GENERALLY LOCATED AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties are generally located at 20 Southeast 10 Street and 25 Southeast 10 Street, Miami, Florida, (collectively the "Property") and are zoned "CS," Civic Space Transect Zone; and WHEREAS, the City of Miami ("Applicant" or "City") has submitted a request to change the zoning classification from "CS," Civic Space Transect Zone, to "T6-48B-O," Urban Core Transect Zone — Open, for the Property; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 12,092 square feet (0.77 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation of the Property is Public Parks and Recreation; and WHEREAS, the request to rezone the Property from the "CS," Civic Space Transect Zone, to "T6-48B-O," Urban Core Transect Zone — Open, is inconsistent with the Property's existing future land uses ("FLU") of Public Parks and Recreation, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application (PZ-23-17016); and WHEREAS, the Property was conveyed to the City and developed as Allen Morris Park in 1974; and WHEREAS, the City Commission, via the adoption of Resolution No. 23-0229 on May 11, 2023, ("Resolution"), directed the City Manager to enter into a settlement agreement and to initiate and execute such FLUM and rezoning applications on behalf of the City as may be necessary to redesignate the Parcels from their present FLUM designation of Recreation and zoning transect designation of Civic Space (CS) to Restricted Commercial and Urban Core Transect Zone Open (T6-48b-O), which designations are consistent with those of properties abutting the Parcels; and City of Miami Page 1 of 3 File ID: 14892 (Revision:) Printed On: 7/31/2025 File ID: 14892 Enactment Number: 14298 WHEREAS, the settlement agreement provides in paragraph 5.0 that "[n]othing [in the settlement agreement] guarantees any particular outcome on the Applications before the City Commission and the approval of [the settlement agreement] is not intended to, and will not, imply or require any specific recommendation by staff regarding the Applications, nor any outcome before the City Commission upon the hearing of the same; and WHEREAS, the Property is bounded by Restricted Commercial uses which include a conference center to the north, 1000 Brickell Condominiums and Southeast 10 Street to the south, Southeast 10 Street to the east and 1000 Brickell Condominiums to the west; and WHEREAS, the Property is located in a portion of the Downtown neighborhood where there are not a variety of zoning designations; and WHEREAS, the Property was zoned "PR," Parks and Recreation, under Ordinance No. 11000, the City's previous Zoning Code, which permitted zero (0) dwelling units per acre; and WHEREAS, the proposed "T6-48B-O," Urban Core Transect Zone — Open, classification would result in higher intensity and taller development; and WHEREAS, this request to Rezone the Property is consistent with the Miami Comprehensive Neighborhood Plan ("MCNP") Goal PR-2.1.1's intent of creating a no -net loss of parks which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, there have been changing conditions to the Atlas of the Miami 21 Code in the form of extensive development of parcels adjacent to the Property, deeming further development necessary, and therefore consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code for the Property; and WHEREAS, the proposed zoning change can be deemed appropriate for the Property in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends Approval of the rezoning application from "CS," Civic Space Transect Zone, to "T6-48B-O," Urban Core Transect Zone — Open, for the Property; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on November 1, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-099 by a vote of three to five (3-5), Item No. PZAB. 10, upon a motion to recommend approval which failed thereby constituting a recommendation of Denial of the zoning Change described herein; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department recommendation; and WHEREAS, the 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 CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 14892 (Revision:) Printed on: 7/31/2025 File ID: 14892 Enactment Number: 14298 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 "CS," Civic Space Transect Zone, to "T6-48B-O," Urban Core Transect Zone — Open, for the Property generally located at 20 Southeast 10 Street and 25 Southeast 10 Street, 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. 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: ndez, City Attor ey 11/6/2023 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: 14892 (Revision:) Printed on: 7/31/2025