HomeMy WebLinkAboutO-14125City of Miami
` Ordinance 14125
Legislation
File Number: 12608
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/17/2022
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 "73-0", SUB-
URBAN TRANSECT ZONE — OPEN, TO "74-L", GENERAL URBAN TRANSECT
ZONE — LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 399
NORTHEAST 82 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER
RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE
VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED
AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property is generally located at 399 Northeast 82 Terrace, Miami,
Florida, and is zoned 73-0", Sub -Urban Transect Zone - Open; and
WHEREAS, The Pelican Harbor Seabird Station, Inc. ("Applicant") has submitted a
request to change the zoning classification from 74-L", General Urban Transect Zone —
Limited, for 399 Northeast 82 Terrace, Miami, Florida ("Property"); and
WHEREAS, the Applicant has drafted a voluntarily proffered Covenant attached and
incorporated as Exhibit "B"; and
WHEREAS, the Property is one parcel totaling approximately 114,563 square feet (2.63
acres) of land;
WHEREAS, the Future Land Use Map ("FLUM") designation is Medium Density
Multifamily Residential; and
WHEREAS, the request to rezone the from the 73-0", Sub -Urban Transect Zone —
Open, to the 74-L", General Urban Transect Zone — Limited, is inconsistent with the Property's
existing future land uses ("FLU") of Medium Density Multifamily Residential, therefore, a
concurrent Comprehensive Plan Amendment is required and has been submitted as a
companion application requesting a FLU designation of Medium Density Restricted Commercial
under PZ-20-6053; and"); and
WHEREAS, the Property is currently un-developed and is bounded by the Little River
canal to the north, Northeast 82 Terrace to the south, the FEC Railway to the east and
Northeast 4 Ave to the west; and
WHEREAS, the Property is located at the far eastern edge of the single-family Oakland
Grove neighborhood where there are not a variety of zoning designations; and
City of Miami Page 1 of 3 File ID: 12608 (Revision:) Printed On: 121712022
File ID: 12608 Enactment Number: 14125
WHEREAS, the Property was zoned R-2 under Ordinance No. 11000, the previous
Zoning Code of the City of Miami, Florida, which permitted eighteen (18) dwelling units per acre;
and
WHEREAS, the proposed 74-L", General Urban Transect Zone — Limited, classification
would result in one additional floor in height above the current allowance of two (2) stories, in
addition to a number of additional non-residential uses on the ground floor; and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f1(b) of
the Miami 21 Code; and
WHEREAS, there have been changing conditions, including changes to the Atlas of the
Miami 21 Code in the form of Rezonings nearby, in addition to the planned mass transit
development immediately adjacent to the site, as well as increasing impacts from sea level rise
and stormwater inundation, consistent with Article 7, Section 7.1.2.8.f1(b) of the Miami 21 Code;
and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code, in that the requested 74-L" Transect Zone is successional to the existing
73-0" Transect Zone; and
WHEREAS, the proposed zoning change can be deemed appropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants
does not affect the Planning Department's recommendation or analysis; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 19, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
052 by a vote of ten to zero (10-0), Item No. PZAB.4, recommending Approval of the Zoning
Change; and
WHEREAS, City Commission has considered the Applicant's justification as well as the
Planning Department recommendation; and
WHEREAS, 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 amended, by changing the zoning
classification from 73-0", Sub -Urban Transect Zone — Open, to 74-L", General Urban Transect
Zone — Limited, for the property generally located at 399 Northeast 82 Terrace Miami, Florida,
as described in "Exhibit A", attached and incorporated.
City of Miami Page 2 of 3 File ID: 12608 (Revision:) Printed on: 121712022
File ID: 12608
Enactment Number: 14125
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
Un ndez, ity Mtor iey 11/7/2022
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: 12608 (Revision:) Printed on: 121712022