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File ID: 14144
Title: 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.
LOCATION: Approximately 430 Northwest 9 Street [Commissioner Christine King — District 5]
APPLICANT(S): Iris Escarra, Esq. on behalf of Girl Power Rocks, Inc.
PURPOSE: This will change the zoning designation of the above property from 75-R" Urban
Center Zone —Restricted to 75-L" Urban Center Zone —Limited.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On December 7, 2022, recommended approval,
by a vote of 8-0.
City of Miami File ID: 12832 (Revision:) Printed On: 212112023
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City of Miami
Legislation
Ordinance
Enactment Number:14144
File Number: 12832
City Hall
3500 Pan Ameican 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 File ID: 12832 (Revision:) Printed On: 212112023
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 File ID: 12832 (Revision:) Printed On: 212112023
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:
"�n ndeUZ Cit`y Attor ey 1/3/2023
' 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 File ID: 12832 (Revision:) Printed On: 212112023