HomeMy WebLinkAboutO-14169City of Miami
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Ordinance 14169
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Legislation
File Number: 13524
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/11/2023
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 "73-0," SUB-
URBAN TRANSECT ZONE — OPEN, TO "74-1_," GENERAL URBAN TRANSECT
ZONE - LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 3121,
3147, 3135, 3145, 3153, 3163, AND 3173 MUNDY STREET AND 3645 AND
3633 DAY AVENUE WITH A "VILLAGE WEST ISLAND DISTRICT AND
CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT)
OVERLAY, MIAMI, FLORIDA, (COLLECTIVELY "THE PROPERTY") AS MORE
PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("City or
"Applicant") has submitted a request to change the zoning classification from 73-0," Sub -Urban
Transect Zone — Open, with a "Village West Island District And Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to 74-0," General Urban Transect Zone -Open,
with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
District) Overlay for the property generally located at 3121, 3147, 3135, 3145, 3153, 3163, and
3173 Mundy Street and 3645 and 3633 Day Avenue, Miami, Florida, (collectively, "the
Property") pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting;
and
WHEREAS, the Property consists of nine (9) parcels totaling approximately 50,290
square feet (-1.15 acres) of land; and
WHEREAS, the Property is located in the Village West Island and Charles Avenue
Neighborhood Conservation District ("NCD-2"); and
WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market Overlay
District," was established by Ordinance No. 12324, which amended the prior City of Miami
Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and
WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No.
12417, rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No.
11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay
District"; and
WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651
amending Article 6 to add Section 626, titled "Village West Island Special Overlay District," and
City of Miami Page 1 of 4 File ID: 13524 (Revision: A) Printed On: 5/22/2023
File ID: 13524
Enactment Number: 14169
to repeal the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District" and
further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood
Conservation Overlay District"; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
current Zoning Ordinance of the City of Miami, as amended ("Miami 21 Code"); and
WHEREAS, on April 23, 2020, the Miami City Commission, per City Commission
Resolution No. R-20-0131, found that the West Grove has been plagued by economic blight;
and
WHEREAS, pursuant to City Commission directive on September 10, 2020, the City of
Miami ("City"), working with a consultant, completed a report to identify future housing
opportunities within the West Grove community, titled "West Grove Affordable Housing
Blueprint"; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission
directed the City Manager and the City Attorney to take any and all actions to improve
affordable housing within the Little Bahamas area of the City; and
WHEREAS, also at the October 13, 2022 City Commission meeting, the City
Commission directed the City Manager and the City Attorney to take any and all actions to
initiate future land use map amendments, rezonings, and waivers, pursuant to the Miami 21
Code, including for the acreage of real property at 3121, 3147, 3135, 3145, 3153, 3163, and
3173 Mundy Street and 3645 and 3633 Day Avenue, Miami, Florida; and
WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood
Conservation District 2 regulations, titled "Village West Island District and Charles Avenue"
("NCD-2"); and
WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove
that are historically significant; to promote gateways, gathering places, and activities
corresponding to its culture and heritage; to compliment the character of the entire community
and promote the history of the Island District; and to promote its successful revitalization and
restoration; and
WHEREAS, the Property is located within the West Grove neighborhood where there are
a variety of zoning designations, commercial uses, and single family and duplex housing types;
and
WHEREAS, the Planning Department has found that the application is consistent with
Miami 21 Code, Article 7, Section 7.1.2.8.f.1(a) in that the proposed change from 73-0" Sub -
Urban Transect Zone — Open with a "Village West Island District And Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to 74-0" General Urban Transect Zone -Open
with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
District) Overlay as it will further the goals, objectives, and policies of the Comprehensive Plan;
and
WHEREAS, the Planning Department has found that the changes from 73-0" Sub -
Urban Transect Zone — Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to 74-0" General Urban Transect Zone -Open
with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
City of Miami Page 2 of 4 File ID: 13524 (Revision: A) Printed on: 512212023
File ID: 13524 Enactment Number: 14169
District) Overlay of the Property could alleviate the conditions of blight while supporting the
intentions of maintaining the distinct character and heritage of Village West Island District; and
WHEREAS, the Planning Department found that the proposed application is consistent
with the Miami 21 Code, Article 7, Section 7.1.2.8.f.1(b); and
WHEREAS, the Planning Department has found that there are changing conditions in
the form of blight, and changing the zoning designation of the Property from 73-0" Sub -Urban
Transect Zone — Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay to 74-0" General Urban Transect Zone -Open
with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood Conservation
District) Overlay could alleviate the issues of blight, making the changes necessary and
consistent with the Miami 21 Code, Article 7, Section 7.1.2.8.f.1(b); and
WHEREAS, the Planning Department found that proposed application is consistent with
the Miami 21 Code, Article 7, Section 7.1.2.8.f.2 insofar as the change is in succession to the
next higher Transect Zone; and
WHEREAS, the Planning Department has found that the proposed zoning change of the
Property from 73-0" Sub -Urban Transect Zone — Open with a "Village West Island District and
Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to 74-0" General Urban
Transect Zone -Open with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay can be deemed appropriate in light of the intent of
the Miami 21 Code; and
WHEREAS, the City Planning Department recommended approval of the rezoning
application to amend the zoning designation of the Property from 73-0" Sub -Urban Transect
Zone — Open with a "Village West Island District and Charles Avenue NCD-2" (Neighborhood
Conservation District) Overlay to 74-0" General Urban Transect Zone -Open with a "Village
West Island District and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay;
and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on March
1, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-027, by a
vote of nine to zero (9-0), Item No. PZAB.9, recommending approval of the Zoning change from
T3-0 to T4-L, rather than to T4-0; and
WHEREAS, the City Commission conducted a public hearing on the subject rezoning
application; and
WHEREAS, the City Commission considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, the City Commission considered the goals, objectives, and policies of the
Miami Comprehensive Plan, the Miami 21 Code and the criteria therein, and all other City
regulations; and
WHEREAS, pursuant to Section 7.1.2.8.f.2 of the Miami 21 Code, a change may be
made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which
maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions
in intensity and Building Height; and
City of Miami Page 3 of 4 File ID: 13524 (Revision: A) Printed on: 512212023
File ID: 13524
Enactment Number: 14169
WHEREAS, after public hearing and consideration of all of the applicable criteria, the
City Commission finds, based upon competent substantial evidence, that a zoning change of
the Property from T3-0 to T4-L, rather than to T4-0, is appropriate; and
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 Miami 21 Code is amended by changing the zoning
classification from 73-0" Sub -Urban Transect Zone — Open with a "Village West Island District
and Charles Avenue NCD-2" (Neighborhood Conservation District) Overlay to 74-L" General
Urban Transect Zone -Limited with a "Village West Island District and Charles Avenue NCD-2"
(Neighborhood Conservation District) Overlay for the property generally located at 3121, 3147,
3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue, Miami,
Florida, (collectively, "the Property") Miami, Florida, as described in Composite 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 the 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 ria i ndez, City tutor iey 5/15/2023
' 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: 13524 (Revision: A) Printed on: 512212023