HomeMy WebLinkAboutO-14082City of Miami
` Ordinance 14082
Legislation
File Number: 10958
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/28/2022
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 ("MIAMI 21
CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "74-1_,"
GENERAL URBAN TRANSECT ZONE — LIMITED, TO "75-1_," URBAN CENTER
TRANSECT ZONE —LIMITED, OF THE PROPERTIES GENERALLY LOCATED
AT 600 NORTHWEST 42 AVENUE, 4251, 4253 AND 4255 NORTHWEST 6
STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; FURTHER ACCEPTING
THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE
WHEREAS, James Williams ("Applicant") has submitted a request ("Application") to
change the zoning classification from 74-L," General Urban Transect Zone —Limited, to 75-L,"
Urban Center Transect Zone -Limited, for the properties located at 600 Northwest 42 Avenue,
4251, 4253, and 4255 Northwest 6 Street, and 601 Northwest 43 Avenue, Miami, Florida
(collectively, "Property"); and
WHEREAS, the Property is an assemblage of four (4) parcels and a portion of another
parcel, totaling approximately 76,343 square feet (1.75 ± acres) of land; and
WHEREAS, the eastern most parcel within the Property is a bifurcated parcel with 74-
L", General Urban Transect Zone -Limited, on the western side of the parcel and 76-8-0",
Urban Core Transect Zone -Open, on the eastern side of the parcel; and
WHEREAS, the Future Land Use Map ("FLUM") designation is Low Density Restricted
Commercial; and
WHEREAS, the request to rezone the Property from 74-L", General Urban Transect
Zone -Limited, to the 75-L", Urban Center Transect Zone -Limited, is inconsistent with the
Property's existing Future Land Uses ("FLU") of Low Density Restricted Commercial and,
therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted
as companion application PZ-21-10160; and
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants, attached hereto as Exhibit "B" ("Covenant"), that indicates that the height of any
residential building on the Property will not exceed three (3) Stories; and
WHEREAS, the Property is currently developed with a parking lot and is bordered by low
density residential uses and sales and services uses; and
City of Miami Page 1 of 3 File ID: 10958 (Revision:) Printed On: 811212022
File ID: 10958 Enactment Number: 14082
WHEREAS, the Property is bounded by Northwest 7 Street to the north, Northwest 6
Street to the south, Northwest 42 Avenue to the east, and Northwest 43 Avenue to the west;
and
WHEREAS, the Property is adjacent to 73-0", Sub -Urban Transect Zone -Open, to the
west and the south; and
WHEREAS, the Property is in proximity to two (2) important thoroughfares, Northwest 42
Avenue, a Florida State Road, which is also known as Le Jeune Road, and Northwest 7 Street,
a Miami -Dade County road; and
WHEREAS, the Property is located in a portion of the Flagami neighborhood where
there are a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the Property previously was zoned R-2 (Two -Family Residential) with a
SD.1 Overlay under Ordinance No. 11000, the previous Zoning Ordinance of the City of Miami,
Florida ("Ordinance No. 11000"), which permitted eighteen (18) dwelling units per acre; and
WHEREAS, the Property had a SD-12 Special Buffer Overlay under Ordinance No.
11000; and
WHEREAS, the SD-12 Special Buffer Overlay was intended to create buffer areas
between residential and non-residential districts to be developed with the underlying use or as a
parking lot for adjoining commercial, office, or industrial lots; and
WHEREAS, the proposed 75-L", Urban Center Transect Zone -Limited, classification
would result in a greater variety of uses, higher intensity, and taller development; and
WHEREAS, the Application is inconsistent with Article 7, Section 7.1.2.8.f.1.(a) of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"), in that introducing a higher intensity zoning category would introduce higher density
and higher intensity land use encroachment across from an established low intensity
neighborhood, which does not meet Policy LU-1.1.3 of the Miami Comprehensive Neighborhood
Plan ("MCNP"); and
WHEREAS, the Application is inconsistent with Article 7, Section 7.1.2.8.f.1.(a) of the
Miami 21 Code in that the proposed change would place higher density, height, and more
intense uses adjacent to a 73-0", Sub -Urban Transect Zone -Open, and would not create an
appropriate transition or buffer to the neighborhood, which does not meet Policy LU-1.6.9 of the
MCNP; and
WHEREAS, there have not been changing conditions to the Atlas of the Miami 21 Code
in the form of amendments, which are adjacent to the property, making the proposed changes
unnecessary and inconsistent with Article 7, Section 7.1.2.8.f.1.(b) of the Miami 21 Code; and
WHEREAS, the proposed Application is inconsistent with Article 7, Section 7.1.2.8.f.2. of
the Miami 21 Code in that although the change is successional, the change would not be in a
manner that maintains the goals of the Miami 21 Code to preserve neighborhoods and provide
transitions in intensity and building heights; and
WHEREAS, the Planning Department recommends denial of the Application from 74-L,"
General Urban Transect Zone —Limited, to 75-0," Urban Center Transect Zone -Open; and
City of Miami Page 2 of 3 File ID: 10958 (Revision:) Printed on: 811212022
File ID: 10958
Enactment Number: 14082
WHEREAS, the Applicant's voluntarily proffered Covenant does not affect the Planning
Department's recommendation or analysis; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 20, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-
041, where the PZAB made a motion to recommend approval of the proposed zoning change,
Item No. PZAB.5, which failed by a vote of two to six (2-6); and
WHEREAS, the City Commission has considered the Applicant's justification, the
Planning Department's recommendation, PZAB's recommendation, and all other evidence and
testimony considered at the public hearing; 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 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 74-L," General Urban Zone —Limited, to 75-0," Urban Center Zone —Open,
for the property generally located at 600 Northwest 42 Avenue, 4251, 4253, and 4255
Northwest 6 Street, and 601 Northwest 43 Avenue, Miami, Florida, as 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 of this Ordinance by
the City Commission.
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
i ria i "ndez, ity Attor ey 11/29/2021
' 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: 10958 (Revision:) Printed on: 811212022