HomeMy WebLinkAboutO-14080opCity of Miami
Ordinance 14080
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Legislation
File Number: 11325
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/28/2022
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, BY
CHANGING THE ZONING CLASSIFICATION FROM "75-0," URBAN CENTER -
OPEN, TO "76-8-0," URBAN CORE -OPEN, FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 8038 NORTHEAST 2 AVENUE (WESTERN PORTION)
AND 165 NORTHEAST 80 TERRACE MIAMI, FLORIDA, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article 7, Section 7.1.2.8 of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), Qualcon Little River
Active Zone Business, LLC ("Applicant") requested to change the zoning designation of the
properties located at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace (collectively,
"Property"); and
WHEREAS, 8038 Northeast 2 Avenue is bifurcated by two (2) Transect Zone
designations, 75-0," Urban Center Transect - Open (western portion), and 76-8-0," Urban
Core Transect - Open (eastern portion); and
WHEREAS, 165 Northeast 80 Terrace has a single Transect Zone designation of 75-
0," Urban Center Transect - Open; and
WHEREAS, the Applicant proposes to rezone the western portion of 8038 Northeast 2
Avenue and 165 Northeast 80 Terrace from 75-0," Urban Center Transect — Open, to 76-8-
0," Urban Core Transect — Open; and
WHEREAS, in total, the Property is 2.17 ± acres in size, of which 1.42 ± acres are
requested to be rezoned to 76-8-0," Urban Core Transect — Open; and
WHEREAS, the Property is located immediately north of the Little River Commerce Park
and contains a telecommunication facility that has operated on the site for approximately 70
years; and
WHEREAS, the Property abuts the high intensity corridors of Northeast 82 Street to the
north and Northeast 2 Avenue to the east; and
WHEREAS, the Property abuts 75-0," Urban Center Transect — Open, to the west, 76-
8-0," Urban Core Transect — Open, to the north and east, and a bifurcated parcel to the south
with 75-0," Urban Center Transect — Open, and 76-8-0," Urban Core Transect - Open; and
City of Miami Page 1 of 4 File ID: 11325 (Revision: A) Printed On: 412412023
File ID: 11325 Enactment Number: 14080
WHEREAS, the west of the Property is predominantly multifamily residential uses and
the east of the Property is generally commercial, retail, and office uses; and
WHEREAS, under the previous Zoning Code ("Ordinance No. 11000"), the western
portion of the Property was zoned "O," Office, and with the adoption of the Miami 21 Code, this
portion of the Property was rezoned to 75-0" Urban Center Transect - Open; and
WHEREAS, under Ordinance No. 11000, the eastern portion of the Property was zoned
"C-1," Restricted Commercial, and with the adoption of the Miami 21 Code, this portion of the
Property was rezoned to 76-8-0," Urban Core Transect - Open; and
WHEREAS, the western portion of 8038 Northeast 2 Avenue and 165 Northeast 80
Terrace have a Future Land Use Map ("FLUM") designation of "Medium Density Restricted
Commercial' and the eastern portion of 8038 Northeast 2 Avenue has a FLU M designation of
"Restricted Commercial"; and
WHEREAS, the Applicant has submitted a companion application (ePlan File ID No. PZ
20-5966) to amend the FLUM designation of the Miami Comprehensive Neighborhood Plan
("MCNP") for the western portion of 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace
from "Medium Density Restricted Commercial' to "Restricted Commercial'; and
WHEREAS, the Property abuts "Medium Density Restricted Commercial' to the west,
"Restricted Commercial" to the north and east, and a bifurcated parcel to the south with
"Medium Density Restricted Commercial" and "Restricted Commercial' designations; and
WHEREAS, the requested rezoning to the 76-8-0," Urban Core Transect — Open,
would allow cohesive development standards across the Property which may better serve the
surrounding neighborhood with an influx of new housing and uses; and
WHEREAS, the proposed zoning amendment to 76-8-0," Urban Core Transect — Open,
is consistent and comparable with the mixed -use development trends and patterns of the
nearby area and the existing infrastructure and services (roadway network, utilities, county
schools, libraries, fire, and public safety); and
WHEREAS, the Planning Department is concerned that the increase in vehicle trips from
the proposed redevelopment may create an adverse impact on the Northeast 2 Avenue and
Northeast 82 Street intersection; and
WHEREAS, although traffic may be increased, the Property is located within the
Opportunity Zone, which is intended to incentivize development in economically distressed
areas; and
WHEREAS, if approved, the rezoning from 75-0," Urban Center Transect — Open, to
76-8-0," Urban Core Transect — Open, may provide a catalyst for additional residential units to
be developed, provide an opportunity for economic development with the ability to create jobs,
and possibly create a mixed -use neighborhood with a full range of residential, office, live/work
spaces, and neighborhood retail; and
WHEREAS, the proposed rezoning is in keeping with the goals, objectives, and policies
of the MCNP; and
City of Miami Page 2 of 4 File ID: 11325 (Revision: A) Printed on: 4/24/2023
File ID: 11325
Enactment Number: 14080
WHEREAS, the proposed rezoning maintains the goals of the Miami 21 Code to
preserve neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the proposed rezoning is appropriate in light of the intent of the Miami 21
Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, the Planning Department recommends approval of the rezoning application;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
January 5, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
002 by a vote of six to one (6-1), Item No. PZAB.4, recommending approval of the proposed
rezoning; and
WHEREAS, the City Commission has considered the need and justification for the
proposed rezoning, including changing and changed conditions that make the passage of the
proposed rezoning necessary; 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 recommend approval of 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 75-0," Urban Center Transect — Open, to 76-8-0," Urban Core Transect —
Open, for the Property 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.'
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 4 File ID: 11325 (Revision: A) Printed on: 4/24/2023
File ID: 11325
Enactment Number: 14080
APPROVED AS TO FORM AND CORRECTNESS:
ria i dez, City Attor iey 511712022 Alria i dez, ity ttor ey 4113/2023
City of Miami Page 4 of 4 File ID: 11325 (Revision: A) Printed on: 4/24/2023