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Home My WebLink AboutO-14144City of Miami Ordinance 14144 al111 II li.RR I + Legislation File Number: 12832 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/9/2023 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 "75—R", URBAN CENTER ZONE — RESTRICTED, TO "75—L", URBAN CENTER ZONE — LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 430 NORTHWEST 9 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property is generally located at 430 Northwest 9 Street, Miami, Florida, ("Property") and is zoned 75-R", Urban Center Zone —Restricted; and WHEREAS, Iris Escarra, Esq., on behalf of Girls Power Rocks, Inc. ("Applicant"), has submitted a request to change the zoning classification from 75-R", Urban Center Zone — Restricted, to 75-L", Urban Center Zone —Limited, for the Property; and WHEREAS, the Property is a single parcel totaling approximately 30,000 square feet (0.68 acres) of land; and WHEREAS, the Property is located in the Southeast Overtown Park West Community Redevelopment Area ("SEOPW CRA"); and WHEREAS, the Future Land Use Map ("FLUM") designation is Medium Density Multifamily Residential; and WHEREAS, the request to rezone the Property from 75-R", Urban Center Zone, to 75- L", Urban Center Zone, 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 PZ-21-10172; and WHEREAS, the Property is currently undeveloped and is bordered by medium density multifamily and vacant sites; and WHEREAS, the Property was previously developed with a parking lot and portable building on a foundation; and WHEREAS, the Property is bounded by Northwest 9 Street to the north and private properties to the south, east, and west; and WHEREAS, the portion of Northwest 9 street where the Property is located terminates due to Interstate 95; and City of Miami Page 1 of 3 File ID: 12832 (Revision:) Printed On: 212112023 File ID: 12832 Enactment Number: 14144 WHEREAS, the Property is within one half -mile from the Culmer Metrorail Station and within the Transit Oriented Development ("TOD") area; and WHEREAS, the Property is located in a portion of the Overtown neighborhood where there are not a variety of zoning designations, commercial uses, or housing types; and WHEREAS, the Property was zoned R-3 under Ordinance No. 11000, the previous Zoning Code, which permitted sixty-five (65) dwelling units per acre; and WHEREAS, the proposed 75-L", Urban Center Transect Zone - Limited, classification will not result in a change in density; and WHEREAS, the proposed 75-L", Urban Center Transect Zone — Limited, classification will result in a limited number of new commercial, lodging, and office uses permitted on the Property; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f1(a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), in that the rezoning will create a transition between the commercial and residential uses permitted in T5-R and T5-L zones as intended by the Miami 21 Code; and WHEREAS, this request to rezone the Property is consistent with the Miami Comprehensive Neighborhood Plan's (MCNP) Goal LU-3's intent to encourage urban redevelopment in identified Urban Infill Areas and Urban Redevelopment Areas, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, this request to Rezone the Property is consistent with the MCNP Policy HO- 1.1.7 intent to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low- rise residential developments; and WHEREAS, this request to Rezone the Property is consistent with the MCNP Objective TR-2.7's intent to encourage transit -supportive development patterns that promote walkable, mixed use neighborhoods that help to increase transit ridership, reduce automobile trips, and provide increased mobility for all people; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.1(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 proposed application changes the zoning to the next highest intensity within the same Transect Zone; and WHEREAS, the proposed application change is for a single parcel located in a consistently 75-R" area, and the intent of the Miami 21 Code is for larger areas of land to buffer and create appropriate transitions to increasingly higher transects, making the proposed application consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and City of Miami Page 2 of 3 File ID: 12832 (Revision:) Printed on: 212112023 File ID: 12832 Enactment Number: 14144 WHEREAS, the Planning Department recommends Approval of the rezoning application from 75-R", Urban Center Transect Zone — Restricted, to 75-L", Urban Center Transect Zone — Limited; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 7, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22- 065 by a vote of eight to zero (8-0), Item No. PZAB.2, 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; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to approve this amendment to the Zoning Atlas of the Miami 21 Code, as hereinafter set forth; 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 75-R", Urban Center Zone —Restricted, to 75-L", Urban Center Zone — Limited, for the Property generally located at 430 Northwest 9 Street 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: r i ria i endez, City Httor iey 1l312023 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: 12832 (Revision:) Printed on: 212112023