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Home My WebLink AboutO-14024City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� 1 !1 Ordinance: 14024 File Number: 9000 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/23/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 T5-R, "URBAN CENTER ZONE -RESTRICTED", TO T6-8-0, "URBAN CORE -OPEN", FOR THE PROPERTY GENERALLY LOCATED AT 7421 NORTHWEST MIAMI PLACE; AND FROM D1, "WORK PLACE DISTRICT", TO T6-8-0, "URBAN CORE - OPEN", FOR THE PROPERTIES GENERALLY LOCATED AT 60 AND 70 NORTHWEST 73 STREET; 7320, 7324, 7328, 7338, 7400, AND 7406 NORTHWEST MIAMI COURT; AND 7301, 7395, AND 7401 NORTHWEST MIAMI PLACE, MIAMI, FLORIDA, ALL 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 advertised meeting on April 21, 2021, adopted Resolution No. PZAB-R-21-020 for item PZAB.5, which reflected the PZAB's failure to recommend approval of the subject proposed rezoning as there was a motion to recommend approval; however, only six (6) members voted in favor and four (4) members voted against thereby failing to obtain the required supermajority vote to recommend approval; and WHEREAS, pursuant to Section 7.1.1.4.d.4 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), and Section 62-17(d) of the Code of the City of Miami, Florida, as amended, no action to recommend a rezoning shall be taken without the concurring votes of a supermajority of PZAB members present with said supermajority consisting of one (1) more member than a simple majority; and WHEREAS, LBRW, LLC ("Applicant") requests to change the zoning designation of the properties located at approximately 60 Northwest 73 Street, 70 Northwest 73 Street, 7301 Northwest Miami Place, 7320 Northwest Miami Court, 7324 Northwest Miami Court, 7328 Northwest Miami Court, 7338 Northwest Miami Court, 7395 Northwest Miami Place, 7400 Northwest Miami Court, 7401 Northwest Miami Place, 7406 Northwest Miami Court, and 7421 Northwest Miami Place, Miami, Florida (collective, "Property") from T5-R, "Urban Center Zone - Restricted", and D1, "Work Place District Zone", to T6-8-0, "Urban Core Zone -Open"; and WHEREAS, the Property is a site of approximately 153,904 square feet (3.535 acres) located within the Little Haiti Neighborhood Enhancement Team District and is bounded by Northwest 75 Street to the north, Northwest Miami Court.to the east, the Florida East Coast Railway to the south, and Northwest Miami Place to west; and WHEREAS, the current zoning for the Property was adopted with the adoption of the Miami 21 Code; and City of Miami Page 1 of 4 File ID: 9000 (Revision: A) Printed On: 101812021 File ID: 9000 Enactment Number: 14024 WHEREAS, the Property consists of twelve (12) parcels, eleven (11) of which are zoned D1, "Work Place District Zone", and one (1) parcel is zoned T5-R, "Urban Center Zone - Restricted"; and WHEREAS, the average year of built/construction for all the existing buildings on the Property is 1949; and WHEREAS, starting with Ordinance No. 1100 adopted March 8, 1990, the previous zoning ordinance, and continuing with the Miami 21 Code, the underlying zoning designations for the Property have not changed; and WHEREAS, the Applicant has a companion Future Land Use application (ePlan File ID PZ-20-5997) to amend the City of Miami's (""City") Miami Comprehensive Neighborhood Plan's ("MCNP") Future Land Use Map ("FLUM") for the Property from Medium Density Multifamily Residential and Light Industrial to General Commercial; and WHEREAS, the Planning Department tested the Levels of Service for Schools, Recreation and Open Space, Potable Water, Sanitary Sewer Transmission, Solid Waste Collection, and Transportation, all as required for this application, and either the criterion were satisfied or will be addressed at the time of approval of the final plat, site plan, or functional equivalent; and WHEREAS, the Applicant's proposed rezoning from T5-R, "Urban Center Zone - Restricted", and D1, "Work Place District Zone", to T6-8-0, "Urban Core Zone -Open", will allow more commercially intensive uses; and WHEREAS, the T5-R, "Urban Center Zone -Restricted", zoning was primarily designed for creating cohesive residential communities with limited, disruptive commercial uses such as a Bed and Breakfast, Civic, and Civic Support uses through an entitlement process; and WHEREAS, the D1, "Work Place District Zone", is specifically designated for industrial uses such as storage/distribution facilities and manufacturing/processing operations; and WHEREAS, the existing density for the Property is one hundred thirty-seven (137) dwelling units and the proposed rezoning will increase the density to five hundred thirty-one (531) dwelling units, an increase of three hundred ninety-four (394) dwelling units; and WHEREAS, pursuant to Article 7, Section 7.1.2.8.a.3 of the Miami 21 Code, the Applicant's request to rezone from T5-R, "Urban Center Zone -Restricted", and D1, "Work Place District Zone", to T6-8-0, "Urban Core Zone -Open", complies with the Miami 21 Code's requirement for a successional rezoning; and WHEREAS, the Miami 21 Code's criteria of a successional rezoning includes a directive that the Planning Department make a recommendation as to which Transect Zone would yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity; and WHEREAS, this proposed rezoning is centered around the increase in residential density from D1, "Work Place District Zone", (36 DU/ac) and T5-R, "Urban Center Zone - Restricted", (65 DU/ac) to T6-8-0, "Urban Core Zone -Open", (150 DU/ac) and the residential intensity increase by this proposed T6-8-0, "Urban Core Zone -Open"; and City of Miami Page 2 of 4 File ID: 9000 (Revision: A) Printed on: 101812021 File ID: 9000 Enactment Number: 14024 WHEREAS, the City Commission has considered the Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B" ("Covenant"), voluntarily proffered by the Applicant limiting the development of the Property to the maximum Height currently permitted under the D1, "Work Place District Zone", which is eight (8) stories by right and two (2) stories of bonus height for a total maximum Height of ten (10) Stories; 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 has considered the need and justification for the proposed rezoning, including changing and changed conditions that make the passage of the propose rezoning necessary; and WHEREAS, the City Commission finds the proposed rezoning maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; 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 Miami 21 Code is amended by changing the zoning classification from T5-R, "Urban Center Zone -Restricted", to T6-8-0, "Urban Core -Open", for the parcel generally located at 7421 Northwest Miami Place and from D1 , "Work Place District", to T6-8-0, "Urban Core -Open", for the properties generally located at 60 and 70 Northwest 73 Street; 7320, 7324, 7328, 7338, 7400, and 7406 Northwest Miami Court; and 7301, 7395, and 7401 Northwest Miami Place, Miami, Florida, all as more particularly described in Exhibit "A", attached and incorporated. Section 3. The City Commission accepts the voluntarily proffered Covenant, attached and incorporated as Exhibit "B," in a form acceptable to the City Attorney, which must be recorded and submitted to the City within forty-five (45) days of adoption hereof. 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-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 3 of 4 File ID: 9000 (Revision: A) Printed on: 101812021 File ID: 9000 Enactment Number: 14024 APPROVED AS TO FORM AND CORRECTNESS: 1 Vft6ria-Vrdel, City Attor iey 10/712021 City of Miami Page 4 of 4 File ID: 9000 (Revision: A) Printed on: 101812021