HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14175
Title: 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.
LOCATION: Approximately 2170 Northwest Flagler Terrace and 45 Northwest 22
Avenue
APPLICANT(S): Ben Fernandez on behalf of 2170 SBH, LLC and 45 SBH, LLC
PURPOSE: To rezone the above property from "74-R" General Urban — Restricted to
75-R" Urban Center — Restricted and from "76-8-0" Urban Core Transect - Open to the
"76-8-L" Urban Core Transect — Limited.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On January 18, 2023, recommended
approval, by a vote of 8-0.
City of Miami File ID: 13317 (Revision: A) Printed On: 6/5/2023
1 IF
City of Miami City Hall
tr „~ Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14175
File Number: 13317 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
; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE
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 File ID: 13317 (Revision: A) Printed On: 6/5/2023
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 File ID: 13317 (Revision: A) Printed On: 6/5/2023
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 —
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.
City of Miami File ID: 13317 (Revision: A) Printed On: 6/5/2023
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:
t—P41
ria i dez, ity ttor ey 2/13/2023 ria i dez, C uty Attor I 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 File ID: 13317 (Revision: A) Printed On: 6/5/2023