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HomeMy WebLinkAboutO-14019City of Miami l i , J'f Legislation Ordinance: 14019 File Number: 9112 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/13/2021 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 T4-R, "GENERAL URBAN TRANSECT ZONE — RESTRICTED," TO T4-L, "GENERAL URBAN TRANSECT ZONE - LIMITED," OF THE PROPERTY GENERALLY LOCATED AT 180 NORTHEAST 50 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 Planning, Zoning and Appeals Board (TZAB"), at its meeting on May 5, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-026 by a vote of seven to zero (7-0), Item No. PZAB.5, recommending approval of the Zoning Change as stated herein; and WHEREAS, the property located at approximately 180 Northeast 50 Street, Miami, Florida ("Property") is currently zoned T4-R, "General Urban Zone- Restricted"; and WHEREAS, 4920 Operating, LLC ("Applicant") has submitted a request to change the zoning classification of the Property to T4-L, "General Urban Zone -Limited"; and WHEREAS, the Applicant has submitted a concurrent application (File ID No. PZ-19- 5935) to amend the Future Land Use Map ("FLUM") designation of the Miami Comprehensive Neighborhood Plan ("MCNP") for the Property from "Medium Density Multifamily Residential' to "Medium Density Restricted Commercial"; and WHEREAS, the Property consists of one (1) undeveloped parcel with 6,874 square feet of Lot area; and WHEREAS, the Property and the surrounding properties along Northeast 2 Avenue were adjusted with the adoption of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), in 2010, reducing the density allowed from 65 and 150 dwelling units ("DU") per acre to 36 DU per acre and the condition of the area has not changed since; and WHEREAS, the Property is part of the belt of properties designated T4-R, "General Urban Zone —Restricted", that provides buffering and transition to the western properties designated T3-L, "Sub -Urban Zone —Limited", from the potential impact of the intensity of the Northeast 2 Avenue corridor and from the T4-L, "General Urban Zone —Limited", assigned to the eastern properties of the subject block; and City of Miami Page 1 of 3 File ID: 9112 (Revision:) Printed On: 912712021 File ID: 9112 Enactment Number: 14019 WHEREAS, the proposed T4-L, "General Urban Zone -Limited," zoning classification would result in additional Office and Commercial Uses intensity within a Residential district which is inconsistent with Policy LU-1.1.3 of the MCNP; and WHEREAS, this Zoning Change would allow a number of Uses by Right where they previously required an entitlement, which provides an opportunity for public input on proposals; and WHEREAS, the Planning Department has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the Planning Department finds the Zoning Change of the Property from T4- R, "General Urban Zone —Restricted," to T4-L, "General Urban Zone —Limited," is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department's recommendation; and WHEREAS, the City Commission finds the Zoning Change of the Property from T4-R, "General Urban Zone —Restricted," to T4-L, "General Urban Zone —Limited," is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; 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 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 hereby amended changing the zoning classification from T4-R, "General Urban Zone -Restricted," to T4-L, "General Urban Zone -Limited," for the Property described in Exhibit "A," attached and incorporated. Section 3. 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.' ' 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 2 of 3 File ID: 9112 (Revision:) Printed on: 912712021 File ID: 9112 Enactment Number: 14019 APPROVED AS TO FORM AND CORRECTNESS: 1 ria i dez, C oty Attor iey 611012021 City of Miami Page 3 of 3 File ID: 9112 (Revision:) Printed on: 912712021