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Home My WebLink AboutO-14175City of Miami op if Ordinance 14175 1111 II li.RR I + Legislation File Number: 13317 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/25/2023 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 "74-R" GENERAL URBAN TRANSECT ZONE — RESTRICTED TO "75-R" URBAN CENTER TRANSECT ZONE — RESTRICTED FOR THE PROPERTY LOCATED AT APPROXIMATELY 2170 NORTHWEST FLAGLER TERRACE, MIAMI, FLORIDA, AND FROM "76-8-0" URBAN CORE TRANSECT ZONE — OPEN TO "76-8-L" URBAN CORE TRANSECT ZONE — LIMITED FOR THE PROPERTY LOCATED AT APPROXIMATELY 45 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 2170 SBH, LLC and 45 SBH, LLC (collectively, "Applicant") own the properties generally located at 2170 Northwest Flagler Terrace and 45 Northwest 22 Avenue (collectively, "Property"); and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 0.93 acres (40,917 square feet) located at the intersection of Northwest 22 Avenue and Northwest Flagler Terrace on the block bound by Northwest Flagler Terrace to the north, Northwest 21 Place to the east, Northwest Flagler Street to the south, and Northwest 22 Avenue to the west; and WHEREAS, for the purposes of this application, the Property is divided into two (2) areas which correspond to the Property's existing Zoning designation: the "East Parcel" and the "West Parcel"; and WHEREAS, the East Parcel is generally located at 2170 Northwest Flagler Terrace and is approximately 17,790 square feet in size; and WHEREAS, the East Parcel is zoned 74-R" General Urban Transect Zone — Restricted and developed with a two (2) story structure containing twenty-two (22) dwelling units; and WHEREAS, the West Parcel is generally located at 45 Northwest 22 Avenue and is approximately 23,127 square feet in size; and WHEREAS, the West Parcel is zoned 76-8-0" Urban Core — Open and developed with a single -story commercial structure and a car wash; and City of Miami Page 1 of 4 File ID: 13317 (Revision: A) Printed On: 6/5/2023 File ID: 13317 Enactment Number: 14175 WHEREAS, the Applicant has submitted a request to change the zoning classification of the East Parcel from 74-R" General Urban Transect Zone — Restricted to 75-R" Urban Center Transect Zone — Restricted, and the West Parcel from 76-8-0" Urban Core — Open to 76-8-L" Urban Core — Limited; and WHEREAS, the Applicant has also voluntarily proffered a draft Covenant (Matter ID No. 20-970, attached hereto as Exhibit "B") to provide a total of ten percent (10%) of the housing units as a part of any multifamily residential rental or condominium development on the Property at a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below eighty percent (80%) of the Area Median Income; and WHEREAS, the draft covenant indicates that the units proffered pursuant to the covenant shall not count towards satisfying Public Benefit contributions to achieve a bonus in Height or Floor Area that may be requested at the time of redevelopment under Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Property is located within the Marlins Park Neighborhood Enhancement Team ("NET") Area, and located one block to the north of West Flagler Street, a City -designated Transit Corridor; and WHEREAS, the request to rezone the East Parcel from 74-R" to 75-R," and the West Parcel from 76-8-0" to 76-8-L" is consistent with the Property's existing future land uses ("FLU") of Medium Density Multifamily Residential and Restricted Commercial, therefore, a companion Comprehensive Plan Amendment is not required; and WHEREAS, Article 7, Section 7.1.2.8.a.3 and Section 7.1.2.8.f.2 of the Miami 21 Code provide that a change to the Miami 21 Atlas may be made only to the next Transect Zone and shall maintain the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from 74-R" to 75-R" for the East Parcel and from 76-8-0" to 76-8-L" for the West Parcel is successional; and WHEREAS, a review of the former Zoning Ordinance No. 11000 shows that the East Parcel was designated "R-3" Multifamily Medium -Density Residential Zoning District and "SD- 12" Buffer Overlay District, and the West Parcel was designated "C-1" Restricted Commercial and "SD-26" 22nd Avenue Special Overlay District; and WHEREAS, with the adoption of the Miami 21 Code, the East Parcel was rezoned to 74-R" General Urban Transect — Restricted and the West Parcel was rezoned to 76-8-0" Urban Core Transect — Open; and WHEREAS, no recent changes have been made to the Transect boundaries in the area which follow the original lot lines of the Evanston Heights Plat (Recording Book 1, Page 56) and were maintained with the adoption of Miami 21; and WHEREAS, the densities of the existing 74" properties along the south side of NW Flagler Terrace exceed what is permitted in 74" Transect Zone, the requested change to 75-R" for the East Parcel would mirror the existing development pattern in density and development capacity that is compatible with surrounding area; and City of Miami Page 2 of 4 File ID: 13317 (Revision: A) Printed on: 6/5/2023 File ID: 13317 Enactment Number: 14175 WHEREAS, the request to rezone the West Parcel from 76-8-0" to 76-8-L" would not change the maximum Height or Density permitted, but would result in a down -zoning to a less intense Transect Zone that effectively limits the intensity of Commercial and Office uses along a well -established commercial corridor; and WHEREAS, by only rezoning portions of this block to 75-R" the request fully complies with the transitional development pattern sought by Miami 21; and WHEREAS, the requested change in zoning furthers the goals and objectives of the Miami Neighborhood Comprehensive Plan ("MCNP"); and WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, pursuant to Article 7, Section 7.1.2.8.d.1 of the Miami 21 Code, the Planning Department recommends approval of the request to change the zoning classification of the East Parcel from 74-R" General Urban Transect Zone — Restricted to 75-R" Urban Center Transect Zone — Restricted, and denial of the West Parcel from 76-8-0" Urban Core — Open to 76-8-L" Urban Core — Limited; and WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants does not affect the Planning Department's recommendation or analysis; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on January 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23- 012 by a vote of eight to zero (8-0), Item No. PZAB.8, recommending approval of the proposed Miami 21 Code text amendment; 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 propose change unnecessary; 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 approve 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 74-R" General Urban Transect Zone — Restricted to 75-R" Urban Center Transect Zone — Restricted for the East Parcel property located at approximately 2170 Northwest Flagler Terrace, Miami, Florida; and the Zoning Atlas of the Miami 21 Code is further amended by changing the zoning classification from 76-8-0" Urban Core Transect Zone — City of Miami Page 3 of 4 File ID: 13317 (Revision: A) Printed on: 6/5/2023 File ID: 13317 Enactment Number: 14175 Open to 76-8-L" Urban Core Transect Zone — Limited for the West Parcel property located at approximately 45 Northwest 22 Avenue, Miami, Florida as described in "Exhibit A", attached and incorporated. Section 3. The City Commission accepts the voluntarily proffered Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B". Section 4. 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 5. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i "ndez, Cify Nttor iey 2/13/2023 ji ria i dez, Cify Httor iey 3/14/2023 ' 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: 13317 (Revision: A) Printed on: 6/5/2023