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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA FROM "76-4813-0", URBAN CORE TRANSECT ZONE -OPEN, TO "CS", CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27, 2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 20 SE 10 Street [Commissioner Ken Russell - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami PURPOSE: Changing the zoning classification from "T6 -48B-0" to "CS", thus repealing Ordinance No. 13397. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19, 2016, by a vote of 7-1. City of Miami File ID: 1289 (Revision:) Printed On: 2/14/2018 (.j OF 'tl City of Miami `ass Legislation U R Ordinance:13716 File Number: 1289 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/16/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI FLORIDA FROM 76 -48B -O", URBAN CORE TRANSECT ZONE -OPEN, TO "CS", CIVIC SPACE TRANSECT ZONE, THUS REPEALING ORDINANCE NO. 13397, ADOPTED ON JUNE 27,2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, at its meeting on June 27, 2013, following an advertised public hearing at which all interested persons were afforded the opportunity to be heard, adopted Ordinance No. 13397 which amended the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "CS", Civic Space Transect Zone to 76 -48B -O", Urban Core Transect Zone -Open, for the property located at approximately 20 Southeast 10 Street, Miami, Florida ("Property"); and WHEREAS, subsequent to that date, litigation and related proceedings involving multiple parties have precluded the realization of the public benefits that were envisioned by the foregoing legislation; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 19, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16- 064 by a vote of seven to one (7-1), Item No. PZAB.5, recommending APPROVAL of the Repeal of Ordinance No. 13397, adopted on June 27, 2013, as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to repeal Ordinance No. 13397; 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 and incorporated as if fully set forth in this Section. Section 2. The City Commission finds and concludes that: a. Ordinance No. 13397 is hereby repealed and shall be of no force and effect for any or all purposes. b. The City Clerk is hereby directed to reflect in the records of the City the repeal of Ordinance No. 13397 and any notations to the effect of such repeal made by the City Clerk are hereby approved. c. The Property will revert to the zoning classification of "CS", Civic Space Transect Zone, that existed prior to the enactment of Ordinance No. 13397. City of Miami File ID: 1289 (Revision:) Printed On: 2/14/2018 d. The City Manager or his designee is hereby directed to enter into the records of the City the act of the City Commission repealing Ordinance No. 13397 and to cause the zoning classification of the Property to be classified in the Zoning Atlas as "CS", Civic Space Transect Zone. Section 3. All rights, actions, and proceedings of the City, including the City Commissioners, the City Manager, or any of its departments, boards or officers undertaken pursuant to the existing Code provisions, shall be enforced, continued or completed, in all respects, as though begun or executed hereunder. 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 (30) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS 1 i t6ria i ' ndez, Ciky Attor i ey 7/1812017 ' 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: 1289 (Revision:) Printed On: 2/14/2018