HomeMy WebLinkAboutO-14010City of Miami
4 Legislation
Ordinance: 14010
File Number: 8945
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/24/2021
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 "75-0", URBAN CENTER TRANSECT — OPEN, TO
"76-8-0", URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY
GENERALLY LOCATED AT 1020 NORTHWEST 7 AVENUE, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on April 7,
2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-015 by a vote
of seven to zero (7-0), Item No. PZAB.1, recommending approval of the Zoning Change
proposed herein; and
WHEREAS, the property located at approximately 1020 Northwest 7 Avenue, Miami,
Florida, as more particularly described in Exhibit "A", attached and incorporated ("Property"), is
currently zoned 75-0", Urban Center Transect Zone - Open; and
WHEREAS, Highland Park 1020, LLC ("Applicant") submitted a request to change the
zoning classification from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core
Transect Zone — Open, pursuant to Article 7 of Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, on November 21, 1996, a covenant dated November 6, 1996 was recorded
in Official Records Book 17435, Page 3595 of the public records of Miami -Dade County, Florida
("Covenant"); and
WHEREAS, the Covenant is for an Extended Low -Income Housing Agreement with the
Florida Housing Finance Agency (a state agency) and Central City Apartments, LTD (the owner
at the time) for the provision of Low- and Very -Low Income Housing in perpetuity; and
WHEREAS, the Covenant was first amended on September 29, 1998 to eliminate the
provision of laundry hookups in each residential unit; and
WHEREAS, the Covenant was amended a second time on February 9, 2004 to change
the financial incentives available for tenants wishing to move into ownership; and
WHEREAS, the Covenant was amended a third time on July 11, 2008 to eliminate the
provision of counseling, job training, and tenant activities and to add the provision of tutorial
initiatives; and
City of Miami Page 1 of 3 File ID: 8945 (Revision:) Printed On: 711212021
File ID: 8945 Enactment Number: 14010
WHEREAS, none of the amendments to the Covenant altered the number of residential
units, qualifying income levels, or lifespan of the Covenant; and
WHEREAS, the Property is a single parcel of land spanning approximately 1.18 acres;
and
WHEREAS, the Property was previously zoned R-3, or Multifamily Medium Density
Residential, under the Ordinance No. 11000 (11000") which preceded the Miami 21 Code; and
WHEREAS, the R-3 zoning designation is comparable to the Miami 21 Code's 75-0",
Urban Center Transect Zone - Open, which is the current zoning of the Property; and
WHEREAS, the block immediately west of the Property was previously zoned R-3 and
C-1 under 11000 and was zoned to 76-8-0", Urban Core Transect Zone — Open, upon
adoption of the Miami 21 Code; and
WHEREAS, the proposed 76-8-0", Urban Core Transect Zone — Open, is consistent
with the Property's Future Land Use Designation of Restricted Commercial and a companion
Comprehensive Plan Amendment is not required; and
WHEREAS, 76-8-0", Urban Core Transect Zone — Open, is found to the north and west
of the Property, 75-0", Urban Center Transect Zone — Open, is found partially to the south of
the Property, and 75-R", Urban Center Transect Zone — Restricted, is found to the east and
remaining portion of the south of the Property; and
WHEREAS, the Property is abutting the Culmer Metrorail Station to the south; and
WHEREAS, the Property is located in a Transit Oriented Development ("TOD") Area;
and
WHEREAS, the 75-0", Urban Center Transect Zone — Open, and 76-8-0", Urban Core
Transect Zone — Open, are similar in permitted Uses, whether by right, warrant, or execption;
and
WHEREAS, the proposed rezoning application increases in residential density from 75-
0", Urban Center Transect Zone — Open, (65 dwelling units per acre) to 76-8-0", Urban Core
Transect Zone — Open, (150 dwelling units per acre); and
WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code
provide that a change to the Miami 21 Atlas may be made only to the next Transect Zone and
shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide
transitions in intensity and Building Height; and
WHEREAS, the Planning Department reviewed the application and found that the
proposed zoning change from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban
Core Transect Zone — Open, is successional; and
WHEREAS, the residential intensity increased by the proposed 76-8-0", Urban Core
Transect Zone — Open, which is in close proximity to a transit station, is supported by the
Objective TR-2.7 of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
City of Miami Page 2 of 3 File ID: 8945 (Revision:) Printed on: 711212021
File ID: 8945
Enactment Number: 14010
WHEREAS, recent changes have been made to Transect boundaries in the area in
which all "T6-8-L", Urban Core Transect Zone — Limited, north of the Culmer Metrorail Station
and south of State Road 836 were rezoned to "76-8-0", Urban Core Transect Zone — Open, in
2020 under Ordinance No. 13924; and
WHEREAS, the Planning Department recommends approval for the request to change
the zoning designation of the Property from "75-0", Urban Center Transect Zone — Open, to
"76-8-0", Urban Core Transect Zone — Open, as the application meets the criteria as set forth in
Article 7, Section 7.1.2.8 of the Miami 21 Code; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission approves the request to change the zoning
designation for the Property from "75-0", Urban Center Transect Zone — Open, to "T6-8-0"
Urban Core Transect Zone — Open;
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 City Commission hereby amends the Zoning Atlas of the Miami 21 Code
by changing the zoning classification from "75-0", Urban Center Transect Zone — Open, to "76-
8-0" Urban Core Transect Zone — Open, for the Property 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 ten (10) days after approval at second
reading.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i endez, Uy Httor iey 5117/2021
' 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: 8945 (Revision:) Printed on: 711212021