HomeMy WebLinkAboutO-14184City of Miami
Ordinance 14184
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Legislation
File Number: 13866
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/22/2023
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 "T6-24A—O,"
URBAN CORE TRANSECT ZONE — OPEN, TO "76-2413-0," URBAN CORE
TRANSECT ZONE — OPEN, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1600 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property generally located at 1600 Northeast 2 Avenue, Miami, Florida,
as more particularly described in Exhibit "A", attached and incorporated, ("Property") is zoned
"T6-24A-O," Urban Core Transect Zone — Open, on the Zoning Atlas of Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"); and
WHEREAS, Ines Marrero Priegues, Esq., on behalf of 1600 NE 2ND AVENUE, LLC
("Applicant"), submitted a request to change the zoning classification of the Property from 76
24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open,
for the Property; and
WHEREAS, the Property is approximately 24,589.3 square feet (0.5645 acres) of land;
and
WHEREAS, the Future Land Use Map ("FLUM") designation of the Property on the
Miami Comprehensive Neighborhood Plan ("MCNP") is "General Commercial"; and
WHEREAS, the request to rezone the Property from "T6-24A-O," Urban Core Transect
Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open, is consistent with the
Property's existing Future Land Use designation ("FLU") of "General Commercial", therefore, a
concurrent MCNP is not required; and
WHEREAS, the Property is bordered by "Restricted Commercial" and "General
Commercial" uses; and
WHEREAS, the request is consistent with Article 7, Section 7.1.2.8(f)(1)(a) of the Miami
21 Code in that the rezone of the Property from "T6-24A-O," Urban Core Transect Zone — Open,
to 76-2413-0," Urban Core Transect Zone — Open, is consistent with and helps further the
Goals, Objectives, and Policies of the MCNP as well as the Miami 21 Code and other City
regulations; and
WHEREAS, the request to rezone the Property from "T6-24A-O," Urban Core Transect
Zone — Open, to 76-2413-0," Urban Core Transect Zone — Open, is consistent with the MCNP
City of Miami Page 1 of 3 File ID: 13866 (Revision:) Printed On: 7/3/2023
File ID: 13866
Enactment Number: 14184
Policy LU-1.3.15 in that it encourages a development pattern that enhances existing
neighborhoods by developing a balanced mix of uses including housing and recreation in close
proximity to each other; and
WHEREAS, the rezone request is consistent with the Article 7, Section 7.1.2.8(f)(1)(b) of
the Miami 21 Code as there is a need and justification for the proposed change, including
changed or changing conditions that make the passage of the proposed change necessary.;
and
WHEREAS, the request to rezone the Property complies with Article 7, Section
7.1.2.8(f)(2) of the Miami 21 Code criteria, in that the proposed 76-2413-0," Urban Core
Transect Zone — Open, is the Successional Zone of T6-24A-O," Urban Core Transect Zone —
Open; and
WHEREAS, the proposed zoning change can be deemed appropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommended approval of the rezoning
application from "T6-24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core
Transect Zone — Open; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April
11, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-039 by a
vote of eight to zero (8-0), Item No. PZAB. 6, recommending approval of the Zoning Change;
and
WHEREAS, the City Commission has given full considerations to the Planning
Department's recommendations and held a quasi-judicial hearing on the matter; and
WHEREAS, consideration was given to the goals, objectives, and policies of the MCNP,
the Miami 21 Code, and all other City regulations; and
WHEREAS, the consideration has been given to the need and justification for the
proposed zoning classification change, including changing and changed conditions that make
the passage of the proposed zoning classification change necessary; and
WHEREAS, the proposed zoning classification change maintains the goals of the Miami
21 Code to preserve neighborhoods and provide transitions in Intensity and Building Height;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 Ordinance No. 13114, the Zoning Ordinance of the City
of Miami, Florida, as amended, ("Miami 21 Code") is hereby amended by changing the zoning
classification from "T6-24A-O," Urban Core Transect Zone — Open, to 76-2413-0," Urban Core
Transect Zone — Open, for the Property generally located at 1600 Northeast 2 Avenue, Miami,
Florida, as described in "Exhibit A", attached and incorporated.
City of Miami Page 2 of 3 File ID: 13866 (Revision:) Printed on: 7/3/2023
File ID: 13866
Enactment Number: 14184
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 ten (10) days after approval at second
reading.'
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 3 of 3 File ID: 13866 (Revision:) Printed on: 7/3/2023