HomeMy WebLinkAboutO-14146City of Miami
` Ordinance 14146
Legislation
File Number: 12863
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 "D1" WORK
PLACE DISTRICT ZONE TO '76-12-0" URBAN CORE TRANSECT ZONE —
OPEN OF THE PROPERTY GENERALLY LOCATED AT 1210, 1222, 1234,
AND 1250 NORTHWEST 7 AVENUE, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties generally located at 1210, 1222, 1234, and 1250 Northwest 7
Avenue, Miami, Florida (collectively the "Property") is zoned "D1" Work Place District Zone; and
WHEREAS, Trendy Properties, LLC ("Applicant") has submitted a request to change the
zoning classification from "D1" Work Place District Zone to 76-12-0" Urban Core Transect
Zone - Open for the Property; and
WHEREAS, the Property is an assemblage of four (4) parcels totaling approximately
25,708 square feet (0.5901 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation is "Light Industrial"; and
WHEREAS, the request to rezone the Property from "D1" Work Place District Zone to
76-12-0" Urban Core Transect Zone is inconsistent with the Property's existing Future Land
Use ("FLU") of "Light Industrial," therefore, a concurrent Comprehensive Plan Amendment is
required; and
WHEREAS, the Applicant has submitted a request for a Comprehensive Plan
Amendment from "Light Industrial" to "Restricted Commercial" (PZ-20-8017); and
WHEREAS, a portion of the Property is currently developed with one (1) multi -family
residence and one (1) commercial structure, constructed in 1931 and 1974, respectively; and
WHEREAS, the other portion of the Property contains two (2) vacant parcels; and
WHEREAS, the Property is bounded by Northwest 13 Street to the north, Northwest 12
Street to the south, Northwest 7 Avenue to the east, and Northwest 7 Court to the west; and
WHEREAS, the Property is within the Highland Park neighborhood where a majority of
zoning designations are 76-8-0" Urban Core Transect Zone - Open; and
City of Miami Page 1 of 4 File ID: 12863 (Revision:) Printed On: 3/3/2023
File ID: 12863 Enactment Number: 14146
WHEREAS, the Property was zoned C-2 Liberal Commercial under Ordinance No.
11000, the City of Miami's ("City") previous Zoning Ordinance, which permitted a maximum of
one hundred fifty (150) dwelling units per acre which has the same density as the 76" Transect
Zone; and
WHEREAS, the requested change in zoning for the Property will result in a change in
Density from a maximum of thirty-six (36) dwelling units per acre to one hundred fifty (150)
dwelling units per acre; and
WHEREAS, the Property is located west of Northwest 7 Avenue, a Transit Corridor, and
is located within the Transit Oriented Development ("TOD"), as designed by the Miami 21 Code,
originating from the Culmer Metrorail station; and
WHEREAS, due to its inclusion within a Transit Corridor and TOD, the Property is well
served by mass transportation and well positioned to absorb additional residential density and
intensity; and
WHEREAS, the impact on the surrounding community will be minimized due to a high
concentration of surrounding neighborhood serving Uses and mass transportation accessibility;
and
WHEREAS, there are several innovative policies under the Miami 21 Code which afford
applicants increases in Density, Height, and Floor Lot Ratio ("FLR") above what is permitted in
the underlying transect zone for projects located within a TOD area; and
WHEREAS, the Miami 21 Code encourages development bonuses in TODs to alleviate
the crisis in housing that is affecting the residents of Miami and to encourage development near
transit; and
WHEREAS, the Property lies within a TOD, qualifying it to participate in the Historic
Preservation Transfer of Development Density program, Public Benefits Program, and the
Affordable and Attainable Mixed Income Public Benefits Program; and
WHEREAS, the request to rezone the Property to 76" furthers the intent of transit -
oriented development and will allow the Applicant to benefit from the Public Benefit programs
that are available to properties zoned 76"; and
WHEREAS, the proposed 76-12-0" Urban Core Transect Zone -Open classification will
result in more commercial uses and higher intensity and taller development; and
WHEREAS, the proposed rezone of this Property from "D1" to 76-12-0 may circumvent
participation in the City's Public Benefits Program for the benefit of a single applicant at the
expense of the City; and
WHEREAS, the proposed rezoning from "D1" to 76-12-0" will allow the site to be
developed with a maximum Height of twelve (12) stories, with a maximum benefit Height of
eight -stories, potentially resulting in a twenty (20) story development which is not compatible
with the development in the neighborhood; and
WHEREAS, the request to rezone the Property to 76-12-0" would allow development
Height and FLR that is less compatible with the existing context; and
City of Miami Page 2 of 4 File ID: 12863 (Revision:) Printed on: 3/3/2023
File ID: 12863 Enactment Number: 14146
WHEREAS, the application is consistent with the Miami 21 Code, Article 7, Section
7.1.2.8.f.1(a) in that it meets the goals, objectives, and policies of the Miami Neighborhood
Comprehensive Plan ("MCNP"); and
WHEREAS, in 2019, the Planning Department conducted a neighborhood -wide study of
the area bounded by the Miami River, State Road 836, and Interstate 95 , called `Culmer
Quadrants' (the "Study"); and
WHEREAS, based on their analysis, the Planning Department recommended approval
for the rezone of Quadrant One from 76-8-L" to 76-8-0"; and
WHEREAS, the Property abuts Quadrant One and was included in the Study, but
rezoning from "DV to 76-8-0" would have required a FLUM amendment from "Light Industrial"
to "Restricted Commercial"; and
WHEREAS, the proposed application to Rezone to T6-12-0 is inconsistent with the
findings of the Study which supports the 76-8-0" Transect in which potential developments
may participate in public benefits to increase development capacity or Height; and
WHEREAS, the Planning Department finds a change to 76-8-0" for the Property is
more appropriate in light of the intent of the Miami 21 Code and particularly in relation to the
effects on adjoining properties; and
WHEREAS, the proposed change to 76-12-0" maintains the goals of the Miami 21
Code as it provides transitions in intensity and building height; and
WHEREAS, there have not been changing conditions to the Miami 21 Atlas for the
adjacent properties, thereby deeming the proposed changes to be inconsistent with the Miami
21 Code, Article 7, Section 7.1.2.8.f.1(b); and
WHEREAS, the proposed change of zoning is consistent with the Miami 21 Code, Article
7, Section 7.1.2.a.3 as the requested rezoning from "DV to 76-12-0" is successional; and
WHEREAS, the property located to the east at 690 Northwest 13 Street was rezoned
from "DV to 76-12-0" in the last five years, however, that property was a Brownfield and
requires environmental remediation to redevelop the site; and
WHEREAS, the proposal to rezone at the Property (1210, 1222, 1234, and 1250
Northwest 7 Avenue) is not a Brownfield and therefore specific remediation of the site is not
required; and
WHEREAS, the proposed change of zoning is deemed inappropriate in light of the intent
of the Miami 21 Code; and
WHEREAS, the Planning Department recommends Denial of the requested change in
zoning from "DV Work Place District Zone to 76-12-0" Urban Core Transect Zone - Open for
the Property; and
WHEREAS, alternatively, the Planning Department recommends that rezoning the site
to 76-8-0" is more appropriate; and
City of Miami Page 3 of 4 File ID: 12863 (Revision:) Printed on: 3/3/2023
File ID: 12863 Enactment Number: 14146
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-
22-043, Item No. PZAB. 3, where a motion to recommend approval of the zoning change from
"D1" Work Place District Zone to 76-12-0" Urban Core Transect Zone - Open was made,
wherein four (4) PZAB members voted in favor and six (6) PZAB members voted against,
thereby failing to receive a supermajority of seven (7) votes required to recommend approval of
the amendment to the Miami 21 Zoning Atlas; 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 has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change unnecessary; 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 Transect Zone -
Open for the Property located at 1210, 1222, 1234, and 1250 Northwest 7 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 r i a i nde��z, City Attor i 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 Page 4 of 4 File ID: 12863 (Revision:) Printed on: 3/3/2023