HomeMy WebLinkAboutO-14133City of Miami
` Ordinance 14133
Legislation
File Number: 12837
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/12/2023
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 "D1", WORK
PLACE DISTRICT ZONE, TO '76-12-0", URBAN CORE ZONE OF THE
PROPERTY GENERALLY LOCATED AT 1960 AND 1970 NORTHWEST 27
AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property is generally located at 1960 and 1970 Northwest 27 Avenue,
Miami, Florida, (collectively the "Property") and is zoned "D1," Work Place District Zone; and
WHEREAS, the Rollins, Inc. ("Applicant") has submitted a request to change the zoning
classification of the Property from "D1," Work Place District Zone to 76-12-0," Urban Core
Zone; and
WHEREAS, the Property is an assemblage of two parcels totaling approximately 90,143
square feet (± 2.07 acres) of land; and
WHEREAS, the Future Land Use Map designation is "Light Industrial"; and
WHEREAS, the request to rezone the Property from "D1," Work Place District Zone to
76-12-0," Urban Core Zone is inconsistent with the Property's existing future land uses ("FLU")
of "Light Industrial," therefore, a concurrent Comprehensive Plan Amendment is required and
has been submitted as a companion application PZ-22-11948; and
WHEREAS, the Property currently consist of two (2) vacant parcels and is bordered by
Commercial and Single Family Residential Uses; and
WHEREAS, the Property is bounded by Northwest North River Drive to the north, the
Miami River to the south, Northwest 27 Av to the east and a single parcel (2660 Northwest 20
Street) to the west; and
WHEREAS, Property is located in a City -adopted "Transit Corridor Quarter -Mile Radius
Overlay" (Ordinance 13665); and
WHEREAS, the property was zoned "C-2", Liberal Commercial under Ordinance No.
11000, the previous Zoning Code, which permitted 65 dwelling units per acre; and
WHEREAS, Resolution No. 2003-0694, dated March 24, 2003, granted a Special
Exception, as listed under the previous 11000 Zoning Code, as amended, the zoning ordinance
of the City Of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a Multi
City of Miami Page 1 of 3 File ID: 12837 (Revision: A) Printed On: 1/23/2023
File ID: 12837 Enactment Number: 14133
Family residential structure of high density equal to "R-4", Multi Family High -Density Residential
that allows single-family, duplex and multifamily structures up to and including high-rise
apartment structures with a maximum density of one hundred fifty (150) units per net acre for
the properties located at approximately 1960 and 1970 Northwest 27 Avenue; and
WHEREAS, pursuant to Resolution No. 2003-0694, dated March 24, 2003, this Special
Exception was granted per plans on file with a time limitation of twelve (12) months in which a
building permit must be obtained, subject to the following condition by the Planning and Zoning
Department: the applicant shall present final color schemes for review and approval by the
Planning Director prior to the issuance of a building permit; and
WHEREAS, Resolution No. 2004-0922, dated September 13, 2004, granted a Special
Exception, under Ordinance No. 11000, the previous Zoning Code, as amended, pursuant to
Article 4, Section 401, Schedule Of District Regulations, to allow a Multi Family residential
structure of high density equal to "R-4," Multi Family High -Density Residential that allows Single -
Family, Duplex and Multifamily Structures up to and including high-rise apartment structures
with a maximum density of one hundred fifty (150) units per net acre and pursuant to Article 9,
section 917.7.2, Schedule of District Regulations, for a reduction in parking requirements for
Multifamily Residential Development when located in Community Revitalization Districts (CRD),
to waive 83 of the required 363 parking spaces (proposed 280 parking spaces) for the Property
located at approximately 1960 and 1970 Northwest 27 Avenue; and
WHEREAS, pursuant to Resolution No. 2004-0922, dated September 13, 2004, the
Special Exception was granted per plans on file with a time limitation of twelve (12) months in
which a building permit must be obtained, subject to the following conditions by the Planning
and Zoning department: 1) the applicant shall present final design details on the facades,
including color, signs, and materials for review and approval by the Planning Director prior to the
issuance of a building permit, and 2) irrespective of the reduction requested through this
application; and
WHEREAS, the Multi Family residential structure or project was ultimately not built for a
number of reasons including, but not limited to, environmental remediation risk and liability and
consequently the required building permit per Resolutions No. 2003-0694 and No. 2004-0922
and was not obtained by the applicant; and
WHEREAS, the proposed "76-12-0", Urban Core Zone classification will result in higher
intensity and taller development; and
WHEREAS, the application is consistent with Miami 21, Article 7, Section 7.1.2.8.f.1(a)
in that the relationship of the proposed amendment to the goals, objectives, and policies of the
Comprehensive Plan, with appropriate consideration as to whether the proposed change will
further the goals, objectives, and policies of the Comprehensive Plan, the Miami 21 Code, and
other city regulations; and
WHEREAS, the proposed application is consistent with Miami 21, Article 7, Section
7.1.2.8.f1(b) in demonstrating the need and justification for the proposed change, including
changed or changing conditions that make the passage of the proposed change necessary; and
WHEREAS, the proposed application is consistent with Miami 21, Article 7, Section
7.1.2.8.f.2 in that the proposed change may be made only to the next intensity Transect Zone or
by a Special Area Plan, and is in a manner which maintains the goals of this Miami 21 Code to
preserve Neighborhoods, and provides transitions in intensity and Building Height; and
City of Miami Page 2 of 3 File ID: 12837 (Revision: A) Printed on: 1/23/2023
File ID: 12837
Enactment Number: 14133
WHEREAS, the proposed zoning change can be deemed appropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommended approval of the rezoning
application from "D1" Work Place District Zone to 76-12-0", Urban Core Zone; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
November 16, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-
22-060 by a vote of seven to four (7-4), Item No. PZAB.6, recommending Approval of the
Zoning Change; and
WHEREAS, the City Commission has considered the Applicant's justification as well as
the Planning Department recommendation; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Plan, 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 "D1," Work Place District Zone to 76-12-0", Urban Core Zone, for the
Property generally located at 1960 and 1970 NW 27 Avenue, Miami, Florida, as described in
"Exhibit A", attached and incorporated.
Section 3. 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 4. 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, Cify Attor iey 12/9/2022
' 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: 12837 (Revision: A) Printed on: 112312023