HomeMy WebLinkAboutO-14171City of Miami
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Ordinance 14171
1111 II li.RR I +
Legislation
File Number: 13526
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-R," SUB-
URBAN TRANSECT ZONE — RESTRICTED, 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 PROPERTIES GENERALLY LOCATED AT 3475, 3479,
AND 3481 HIBISCUS STREET, 3475, 3447, 3435 AND 3401 WILLIAM
AVENUE, 3452, 3440, 3430, AND 3460 THOMAS AVENUE, AND 3454 AND
3456 ELIZABETH STREET AND A CHANGE IN THE ZONING
CLASSIFICATION FROM "73-R," GENERAL URBAN TRANSECT ZONE —
RESTRICTED, AND "75-0," URBAN CENTER TRANSECT ZONE — OPEN, 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 3449 HIBISCUS STREET, 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 ("Applicant")
has submitted a request to change the zoning classification from 73-R," Sub -Urban Transect
Zone — Restricted, 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
properties generally located at 3475, 3479, and 3481 Hibiscus Street, 3475, 3447, 3435 and
3401 William Avenue, 3452, 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456
Elizabeth Street and a change in the zoning classification from 73-R," General Urban Transect
Zone — Restricted, and 75-0," Urban Center Transect Zone — Open, 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 3449
Hibiscus Street, Miami, Florida (collectively, "the Property") pursuant to Directive 22-036 from
the October 13, 2022 City Commission meeting; and
WHEREAS, the Property consists of fourteen (14) parcels totaling approximately 97,752
square feet (2.24 acres) of land; and
WHEREAS, the Property is located in the Village West Island and Charles Avenue
Neighborhood Conservation District ("NCD-2"); and
City of Miami Page 1 of 4 File ID: 13526 (Revision:) Printed On: 5/22/2023
File ID: 13526
Enactment Number: 14171
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
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,
the 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, 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 application is consistent with Miami 21 Code, Article 7, Section
7.1.2.8.f.1(a) in that the proposed change from 73-R" Sub -Urban Transect Zone — Restricted
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 will further
the goals, objectives, and policies of the Comprehensive Plan; and
City of Miami Page 2 of 4 File ID: 13526 (Revision:) Printed on: 512212023
File ID: 13526 Enactment Number: 14171
WHEREAS, changes from 73-R" Sub -Urban Transect Zone — Restricted 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 conditions of
blight while supporting the intentions of maintaining the distinct character and heritage of Village
West Island District; and
WHEREAS, the proposed application is consistent with the Miami 21 Code, Article 7,
Section 7.1.2.8.f.1(b); and
WHEREAS, there are changing conditions in the form of blight and changing from 73-R"
Sub -Urban Transect Zone — Restricted 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 proposed application is consistent with the Miami 21 Code, Article 7,
Section 7.1.2.8.f.2 in that the changes occur in succession to the next higher Transect Zone;
and
WHEREAS, the proposed zoning change from 73-R" Sub -Urban Transect Zone —
Restricted 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 recommends approval of the rezoning
application from 73-R" Sub -Urban Transect Zone — Restricted 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, 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 3449, 3475, 3479, and 3481 Hibiscus Street, 3475, 3447, 3435 and
3401 William Avenue, 3452 3440, 3430, and 3460 Thomas Avenue, and 3454 and 3456
Elizabeth Street, Miami, Florida; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
1, 2023, following an advertised public hearing, adopted Resolution No.PZAB-R-23-025, by a
vote of nine to zero (9-0), Item No. PZAB.7, recommending denial of the Zoning change; and
WHEREAS, the City Commission has 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, 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
City of Miami Page 3 of 4 File ID: 13526 (Revision:) Printed on: 512212023
File ID: 13526 Enactment Number: 14171
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-R," Sub -Urban Transect Zone — Restricted, 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 properties generally located at 3475, 3479,
and 3481 Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue, 3452, 3440, 3430, and
3460 Thomas Avenue, and 3454 and 3456 Elizabeth Street and a change in the zoning
classification from 73-R," General Urban Transect Zone — Restricted, and 75-0," Urban
Center Transect Zone — Open, 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 3449 Hibiscus Street, 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, Cify Kttor 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: 13526 (Revision:) Printed on: 512212023