HomeMy WebLinkAboutO-14185City of Miami
Ordinance 14185
al111 II li.RR I +
Legislation
File Number: 13865
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 "75-0,"
URBAN CENTER ZONE — OPEN, TO "76-8-0," URBAN CORE ZONE — OPEN,
OF THE PROPERTY LOCATED AT APPROXIMATELY 3500 AND 3526 NORTH
MIAMI 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, Mr. Arthur Noriega V, City Manager of the City of Miami, ("Applicant")
requested a change in zoning designation on the Zoning Atlas of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") from 75-0,"
Urban Center Transect Zone — Open, to 76-0," Urban Core Transect Zone — Open, for the
parcels generally located at 3500 and 3526 North Miami Avenue, Miami, Florida, as more
particularly described in the attached and incorporated Exhibit "A" ("Property"); and
WHEREAS, the Applicant submitted all necessary information to change the zoning
classification of the Property from 75-0," Urban Center Transect Zone — Open, to 76-8-0,"
Urban Core Transect Zone — Open; and
WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately
9,000 square feet (0.2 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation on the Miami
Comprehensive Neighborhood Plan ("MCNP") of the Property is General Commercial; and
WHEREAS, the request to rezone the Property from 75-0," Urban Center Transect
Zone — Open, to 76-8-0," Urban Core Transect Zone — Open, is consistent with the Property's
existing future land uses ("FLU") of General Commercial, therefore, a concurrent
Comprehensive Plan Amendment is not required; and
WHEREAS, the Property is currently developed with a two-story building, constructed in
approximately 1945 and is bordered by Residential and Commercial Uses; and
WHEREAS, the Property is bounded by abutting property 3530 North Miami Avenue to
the north, Northwest 35th Street to the south, North Miami Avenue to the east, and an alley to
the west; and
WHEREAS, the Property is located in a portion of the Wynwood Norte Neighborhood
Revitalization District ("NRD-2") neighborhood where there are a variety of zoning designations,
Commercial Uses, and housing types; and
City of Miami Page 1 of 3 File ID: 13865 (Revision:) Printed On: 7/3/2023
File ID: 13865 Enactment Number: 14185
WHEREAS, the property was zoned "C-2," Liberal Commercial, under the previous
11000 Zoning Code; and
WHEREAS, the proposed rezone would bring the Property in line with the adopted
Wynwood Notre Community Vision Plan (2019), which proposed 76-8-0," Urban Core Transect
Zone — Open; and
WHEREAS, there was an omission, and the City inadvertently included the Property
within the 75," Urban Center Transect Zone - Open; and
WHEREAS, the proposed 76-8-0," Urban Center Transect Zone — Open, classification
would result in higher intensity and taller development; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(1)(a) of the Miami 21 Code, the
request to change the zoning classification of the Property is consistent with the goals,
objectives, and policies of the Comprehensive Plan; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(1)(b) of the Miami 21 Code, there is
an established need and justification for the proposed change, including changed or changing
conditions that make the passage of the proposed change necessary; and
WHEREAS, pursuant to Article 7, Section 7.1.2.8(f)(2) of the Miami 21 Code, the
proposed change is being made to the next intensity Transect Zone and in a manner which
maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions
in Intensity and Building Height; and
WHEREAS, the Planning Department recommended approval of the rezoning
application from 75-0," Urban Center Transect Zone — Open, to 76-8-0," 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-23-038 by a
vote of seven to zero (7-0), Item No. PZAB.3, recommending approval of the proposed zoning
change; and
WHEREAS, the City Commission has given full considerations to the Planning
Department's recommendations and held a 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, 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:
City of Miami Page 2 of 3 File ID: 13865 (Revision:) Printed on: 7/3/2023
File ID: 13865
Enactment Number: 14185
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 City Commission approves the request to amend 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 75-0," Urban Center Transect Zone —
Open, to 76-8-0," Urban Core Transect Zone — Open, for the property located at approximately
3500 and 3526 North Miami Avenue, Miami, Florida, as described in "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 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 ft6ria i ndez, CiFy Attor iey 5/512023
' 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: 13865 (Revision:) Printed on: 7/3/2023