HomeMy WebLinkAboutO-14064City of Miami
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Ordinance 14064
Legislation
File Number: 11083
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/28/2022
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 "73-1_," SUB -URBAN TRANSECT ZONE — LIMITED,
TO "74-1_," GENERAL URBAN TRANSECT ZONE — LIMITED, FOR THE
PROPERTIES LOCATED AT 19 NORTHWEST 41 STREET AND 20
NORTHWEST 42 STREET AND DENYING THE APPLICATION FOR ZONING
CHANGE FROM "74-1_," GENERAL URBAN TRANSECT ZONE — LIMITED, TO
"75-0," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY
LOCATED AT 4136 NORTH MIAMI AVENUE, ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 19 Northwest 41 Street and 20
Northwest 42 Street, Miami, Florida (collectively, "Parcel A") are currently zoned 73-L," Sub -
Urban Transect Zone — Limited; and
WHEREAS, the property located at approximately 4136 North Miami Avenue, Miami,
Florida ("Parcel B") is currently zoned 74-L," General Urban Transect Zone — Limited; and
WHEREAS, Parcel A and Parcel B (collectively, "Properties") are owned by Perpetual
Love 4136, LLC and Courtney Properties, LLC (collectively, "Applicant"); and
WHEREAS, the Applicant has submitted a request to change the zoning classification
for Parcel A from 73-L," Sub -Urban Center Transect Zone — Limited, to 74-L," General Urban
Transect Zone — Limited, and for Parcel B from 74-L," General Urban Transect Zone — Limited,
to 75-0," Urban Center Transect Zone — Open; and
WHEREAS, the Properties are an assemblage of approximately 23,724 square feet or
approximately .544-acres and are located along Northwest 41 Street, Northwest 42 Street, and
North Miami Avenue; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and changed the
zoning of Parcel A from "R2," Two -Family Residential, to "73-1_," Sub -Urban Transect Zone —
Limited, and Parcel B from "R2," Two -Family Residential, to 74-L," General Urban Transect
Zone — Limited; and
WHEREAS, the proposed 74-L", General Urban Transect Zone — Limited, for Parcel A
is inconsistent with the property's Duplex Residential Future Land Use ("FLU") designation and
a Future Land Use Map ("FLUM") amendment is required for the requested rezoning; and
City of Miami Page 1 of 5 File ID: 11083 (Revision: 8) Printed On: 6/6/2022
File ID: 11083
Enactment Number: 14064
WHEREAS, the proposed 75-0", Urban Center Transect Zone — Open, is inconsistent
for Parcel B with the property's "Low Density Restricted Commercial" FLU designation and a
FLUM amendment is required for the requested rezoning; and
WHEREAS, the Applicant has submitted a request for a FLUM amendment, companion
item PZ-20-8033, from "Duplex Residential" to "Low Density Restricted Commercial" for Parcel
A and from "Low Density Restricted Commercial" to "General Commercial" for Parcel B; and
WHEREAS, the Properties abut the Buena Vista East Historic District to the east; and
WHEREAS, zoning in the surrounding areas are 73-L", Sub -Urban Transect Zone —
Limited, and 74-L", General Urban Transect Zone — Limited, to the north; 74-L", General
Urban Transect Zone — Limited, and 75-0", Urban Center Transect Zone — Open, to the south;
73-0", Sub -Urban Transect Zone — Open, 74-0", General Urban Transect Zone - Open, and
75-0", Urban Center Transect Zone — Open, to the east; and 73-L", Sub -Urban Center
Transect Zone — Limited, and 74-L", General Urban Transect Zone — Limited, to the west of the
Property; and
WHEREAS, the Planning Department reviewed the application and found that the
proposed rezoning from 73-L", Sub -Urban Transect Zone — Limited, to 74-L", General Urban
Transect Zone — Limited, is successional and deemed the request appropriate considering the
goals and objectives of the Miami 21 Code; and
WHEREAS, the Planning Department reviewed the application and found that the
proposed rezoning from 74-L", General Urban Transect Zone — Limited, to 75-0", Urban
Center Transect Zone — Open, is successional but inappropriate considering the goals and
objectives of the Miami 21 Code; and
WHEREAS, a review of the former Zoning Ordinance No. 11000 shows that the
Properties were designated "R-2" Duplex Zoning District, the equivalent of 73-0", Sub -Urban
Transect Zone — Open (18 DU/AC); and
WHEREAS, the proposed rezoning of Parcel A from 73-L", Sub -Urban Transect Zone —
Limited, to 74-L", General Urban Transect Zone — Limited, increases residential density from 9
dwelling units per acre to 36 dwelling units per acre and increases the maximum number of
stories from two (2) to three (3) By Right; and
WHEREAS, the proposed rezoning of Parcel B from 74-L", General Urban Transect
Zone — Limited, to 75-0", Urban Transect Zone — Open, increases residential density from 36
dwelling units per acre to 65 dwelling units per acre and increases the maximum number of
stories from three (3) to five (5) By Right; and
WHEREAS, the residential intensity increased by the proposed 74-L," General Urban
Transect Zone - Limited, is supported based on the historic development patterns within the
neighborhood which are primarily low and medium density residential; and
WHEREAS, the residential intensity increased by the proposed 75-0," Urban Center
Transect Zone - Open, is not supported based on the historic development patterns within the
neighborhood which are primarily low and medium density residential; and
WHEREAS, the Applicant was encouraged to conduct community outreach with
neighborhood groups, including the Buena Vista East Homeowners Association; and
City of Miami Page 2 of 5 File ID: 11083 (Revision: 8) Printed on: 6/6/2022
File ID: 11083 Enactment Number: 14064
WHEREAS, the Planning Department recommends approval for rezoning of Parcel A
from 73-L," Sub -Urban Transect Zone — Limited, to 74-L," General Urban Transect Zone —
Limited, as the application meets the criteria set forth in Article 7, Section 7.1.2.8 of the Miami
21 Code; and
WHEREAS, the Planning Department recommends denial of the rezoning for Parcel B
from 74-L," General Urban Transect Zone — Limited, to 75-0," Urban Center Transect Zone -
Open, as the application does not meet the criteria 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 rezoning, including changing and changed conditions that make the rezoning
necessary; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City
regulations; and
WHEREAS, the proposed rezoning of Parcel A from 73-L," Sub -Urban Transect Zone —
Limited, to 74-L," General Urban Transect Zone — Limited, is deemed appropriate considering
the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties;
and
WHEREAS, the proposed rezoning of Parcel B from 74-L," General Urban Transect
Zone — Limited, to 75-0," Urban Center Transect Zone — Open, is deemed inappropriate
considering the intent of the Miami 21 Code and particularly in relation to the effects on
adjoining properties; and
WHEREAS, the proposed rezoning of Parcel A from 73-L," Sub -Urban Transect Zone —
Limited, to 74-L," General Urban Transect Zone — Limited, maintains the goals of the Miami 21
Code to preserve neighborhoods and provide transitions in Density, Intensity, and building
Height; and
WHEREAS, the proposed rezoning of Parcel B from 74-L," General Urban Transect
Zone — Limited, to 75-0," Urban Center Transect Zone — Open, does not maintain the goals of
the Miami 21 Code to preserve neighborhoods and provide transitions in Density, Intensity, and
building Height; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 17, 2021 following an advertised public hearing, adopted Resolution No. PZAB-R-21-
051 by a vote of eight to zero (8-0), Item No. PZABA, recommending denial of the rezoning;
and
WHEREAS, the Applicant has voluntarily proffered a restrictive covenant ("Covenant")
for Parcel A, attached and incorporated as Exhibit "B," covenanting that Parcel A shall not be
used for any one or more of the following uses for any reason(s) whatsoever:
(i) Community Residence;
(ii) Two Family Residence;
(iii) Live — Work;
(iv) Bed & Breakfast;
(v) Food Service Establishment, not including ancillary cafe uses;
(vi) Alcohol Beverage Service Establishment;
City of Miami Page 3 of 5 File ID: 11083 (Revision: 8) Printed on: 6/6/2022
File ID: 11083
Enactment Number: 14064
(vii) Community Facility;
(viii) Religious Facility;
(ix) Community Support Facility;
(x) Infrastructure and Utilities;
(xi) Public Parking; and/or
(xii) Transit Facility.
The preceding capitalized terms shall have the meanings set forth in Miami 21 at the
time the Application was adopted; and
WHEREAS, the Applicant has further voluntarily covenanted that Parcel A shall not be
used for any one or more of the following services for any reason(s) whatsoever:
(i) fortune teller(s);
(ii) express delivery service(s);
(iii) funeral home(s);
(iv) repair service establishment(s);
(v) auto -related and/or marine -related establishment(s),
(vi) commercial storage facilities; and/or
(vii) pawn shop(s) (collectively the "Prohibited Services").
; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City and its inhabitants to grant the proposed
zoning change as to Parcel A and deny the proposed zoning change to Parcel B;
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 Resolution 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 amended by changing the zoning
classification from 73-L," Sub -Urban Transect Zone — Limited, to 74-L," General Urban
Transect Zone — Limited, for Parcel A.
Section 3. The City Commission denies the Applicant's request to amend the Zoning
Atlas of the Miami 21 Code by changing the zoning classification from 74-L," General Urban
Transect Zone — Limited, to 75-0," Urban Center Transect Zone — Open, for Parcel B.
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 4 of 5 File ID: 11083 (Revision: 8) Printed on: 6/6/2022
File ID: 11083
Enactment Number: 14064
APPROVED AS TO FORM AND CORRECTNESS:
1
Vft6ria-Vrdel, City Attor iey 6/6/2022
City of Miami Page 5 of 5 File ID: 11083 (Revision: 8) Printed on: 6/6/2022