HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14024
Title: 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.
LOCATION: Approximately 60 and 70 NW 73 St, 7320, 7324, 7328, 7338, 7400 and
7406 NW Miami Ct, and 7301, 7395, 7401 and 7421 NW Miami PI [Commissioner
Jeffrey Watson - District 5]
APPLICANT(S): Wesley Hevia, Esquire and Jose Felix Diaz Esquire, on behalf of
LBRW, LLC c/o Akerman LLP
PURPOSE: This will change the above property from "75-R" Urban Center Zone -
Restricted and "D1" Work Place District Zone to "76-8-0" Urban Core Zone — Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: Motion to recommend approval failed
to obtain the required supermajority vote, on April 21, 2021, by a vote of 6-4.
City of Miami File ID: 9000 (Revision: A) Printed On: 101812021
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Ordinance www.miamigov.com
Enactment Number:14024
File Number: 9000 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
City of Miami File ID: 9000 (Revision: A) Printed On: 101812021
WHEREAS, the current zoning for the Property was adopted with the adoption of the
Miami 21 Code; and
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 File ID: 9000 (Revision: A) Printed On: 101812021
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.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Una ndez, City Httor iey 9/1412021
' 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: 9000 (Revision: A) Printed On: 101812021