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