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Home My WebLink AboutScrivener's Error Memo;CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mdndez, City Attorney DATE: April 12, 2023 RE: Ordinance No. 14080 — Rezoning - 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace File No. 11325 At its July 28, 2022, meeting the City Commission adopted the above referenced agenda item, PZ.3, 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 "T5-0," Urban Center Transect — Open, to "T6-8-0," Urban Core Transect — Open, for the properties located at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace. The item inadvertently printed without the language "with Attachment(s)" in the title. The Legislation has been corrected and incremented to Revision A. VM/GKW/vja Enclosure(s) O N O �l N w C-) csrrr a � �� m W M MC I ' 1 C7 rn ..� I3�:.S - ��Q�n�iS e�WL r4� City of Miami Ordinance 14080 * •noo: wm 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 "T5-0," 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 "T6-8-0,"4rb*ft%R2 Core Transect - Open (eastern portion); and (.a a -�o - WHEREAS, 165 Northeast 80 Terrace has a single Transect Zone designoi, of-;75- O," Urban Center Transect - Open; and WHEREAS, the Applicant proposes to rezone the western portion of 803rthe_1Fst Avenue and 165 Northeast 80 Terrace from "T5-0," Urban Center Transect — OperP, to IT15-817' O," Urban Core Transect — Open; and o WHEREAS, in total, the Property is 2.17 ± acres in size, of which 1.42 ± acres are requested to be rezoned to "T6-8-0," 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: 4113/2023 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 2Avenue 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 FLUM 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 — 4en, would allow cohesive development standards across the Property which may better s-qrvele surrounding neighborhood with an influx of new housing and uses; and WHEREAS, the proposed zoning amendment to 76-8-0," Urban Core Tra t BpeR is consistent and comparable with the mixed -use development trends and patternfvTithec) rn nearby area and the existing infrastructure and services (roadway network, utilitiegemnt schools, libraries, fire, and public safety); and :r (� � ;' 0 WHEREAS, the Planning Department is concerned that the increase in veh6je Utr from the proposed redevelopment may create an adverse impact on the Northeast 2 AvAue d 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 "T6-8-0," 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: 4f1312023 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: C-) w Section 1. The recitals and findings contained in the Preamble to this Ordinwase 42 rn adopted by reference and incorporated as if fully set forth in this Section. C,-4 ZZ C-) M M Section 2. The Zoning Atlas of the Miami 21 Code is amended by changin _ac, ze§iing'< classification from "75-0," Urban Center Transect — Open, to "76-8-0," Urban Coranepct Open, for the Property as described in Exhibit "A," attached and incorporated. x � 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: 411312023 File ID: 11325 Enactment Number: 14080 APPROVED AS TO FORM AND CORRECTNESS: 1 1 ria dez, Cify Attor iey 5/17/2022 ria dez, i y tor iey 4/13/2023 b ^j N C7 � ('}C) b —C r Q r •. x O City of Miami Page 4 of 4 File ID: 11325 (Revision: A) Printed on: 4/13/2023 City of Miami City Hall " tttt 3500 Pan Ameican Drive Legislation Miami, FL 33133 < ,,.4, O e www.miamigov.com Ordinance Enactment Number File Number: 11325 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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, "T5-0," Urban Center Transect - Open (western portion), and "T6-8-0," *balg Core Transect - Open (eastern portion); and F3 w c?rn b. "C) 0 ;:0 WHEREAS, 165 Northeast 80 Terrace has a single Transect Zone designattdr�bf'al°5- M O," Urban Center Transect - Open; and -� w lC-) WHEREAS, the Applicant proposes to rezone the western portion of 8038 "heft 2 Avenue and 165 Northeast 80 Terrace from "T5-0," Urban Center Transect — Open bD "Tk-8- 0," Urban Core Transect — Open; and ... c WHEREAS, in total, the Property is 2.17 t acres in size, of which 1.42 t 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 File ID: 11325 (Revision:) Printed On: 7/19/2022 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 FLUM 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 Transeq— Olen, is consistent and comparable with the mixed -use development trends and patterns of tAb ti nearby area and the existing infrastructure and services (roadway network, utilities, tyA schools, libraries, fire, and public safety); and ?; J I-T7 WHEREAS, the Planning Department is concerned that the increase in vehible4ripWror `-n the proposed redevelopment may create an adverse impact on the Northeast 2 Av ark C Northeast 82 Street intersection; and ZC -� =c ; T7 WHEREAS, although traffic may be increased, the Property is located withinDe — Opportunity Zone, which is intended to incentivize development in economically disAssSOp 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 WHEREAS, the proposed rezoning maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and City of Miami File ID: 11325 (Revision:) Printed On: 7/19/2022 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. PZABA, 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 "T5-0," Urban Center Transect — Open, to " T6-8-O," 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 se�ndo reading and adoption thereof, pursuant and subject to Section 163.3184(12), Floridg_Sfatua and Section 163.3187(5)(c), Florida Statutes.' � � _-�o APPROVED AS TO FORM AND CORRECTNESS: �;T t i C7 z; 3, S C O EP666TT'fid6k, City Attor ley 5/17/2022 ' 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 File ID: 11325 (Revision:) Printed On: 711912022