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HomeMy WebLinkAboutO-14187City of Miami Ordinance 14187 al111 II li.RR I + Legislation File Number: 13898 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 "76-8-0" URBAN CORE TRANSECT ZONE — OPEN, TO '76-12-0" URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1601, 1657 AND 1667 NORTHWEST 17 AVENUE MIAMI, FLORIDA, AND CHANGING THE ZONING CLASSIFICATION FROM "76-8—R" URBAN CORE TRANSECT ZONE — RESTRICTED, TO '76-12-0" URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1644, 1649 AND 1650 NORTHWEST 16 TERRACE AND 1700 NORTHWEST 15 STREET ROAD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at 1657 Northwest 17th Avenue, 1667 Northwest 17th Avenue, and 1601 Northwest 17th Avenue are currently zoned "T-6-8-0" Urban Core Transect Zone -Open; and WHEREAS, the properties located at 1649 Northwest 16th Terrace, 1644 Northwest 16th Terrace, 1650 Northwest 16th Terrace, and 1700 Northwest 15th Street Road, Miami, Florida, are currently zoned 76-8-R" Urban Core Transect Zone- Restricted; and WHEREAS, the Brotherhood of Electrical Workers Inc. ("Applicant") has submitted a request to change the zoning classification from 76-8-0" Urban Core Transect Zone -Open to 76-12-0" Urban Core Transect Zone, for the properties located at 1657 Northwest 17th Avenue, 1667 Northwest 17th Avenue, 1601 Northwest 17th Avenue; and from 76-8-R" Urban Core Transect Zone — Restricted to 76-12-0" Urban Core Transect Zone, for the properties located at 1649 Northwest 16th Terrace, 1644 Northwest 16th Terrace, 1650 Northwest 16th Terrace, and 1700 Northwest 15th Street Road, Miami, Florida, (collectively the "Property"); and WHEREAS, the Property is an assemblage of seven (7) parcels totaling approximately 79,630 square feet (±1.828 acres) of land; WHEREAS, the Future Land Use Map ("FLUM") designation for the Property is Restricted Commercial and High -Density Multifamily Residential; and WHEREAS, the request to rezone the portion of the Property from the 76-8-0" Urban Core Transect Zone, to the 76-12-0" Urban Core Transect Zone is inconsistent with the Property's existing future land uses ("FLU") of Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-20-7997; and City of Miami Page 1 of 3 File ID: 13898 (Revision:) Printed On: 7/5/2023 File ID: 13898 Enactment Number: 14187 WHEREAS, the Property is currently developed as a union hall, constructed in 1948 and is bordered by multi -family residential uses; and WHEREAS, the Property is bounded by Northwest 15th Street Road to the north, Northwest 16th Street to the south, Northwest 16T" Avenue and Northwest 15th Street Road to the east, and Northwest 17th Avenue to the west; and WHEREAS, the Property is located in a portion of the multi -family residential neighborhood where there are not a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was previously zoned R-4 and C-1 under the previous Zoning Code, Ordinance No. 11000, which permitted one hundred fifty (150) dwelling units per acre; and WHEREAS, the property has been owned by the Brotherhood of Electrical Workers Inc since 1948; and WHEREAS, the proposed 76-12-0" Urban Core Transect Zone — Open classification will result in higher intensity and taller development; and WHEREAS, the application is inconsistent with Article 7, Section 7.1.2.8.f.1 (a) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, this request to Rezone the Property is inconsistent with the Miami Comprehensive Neighborhood Plan ("MCNP"), Future Land Use Element, Goal Land Use Objective 1.3, Policy 1.3.15 which makes the request inconsistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, this request to Rezone the Property is inconsistent with the MCNP Housing Element, Objective 1.1 Policy 1.1.9 in that the City's land development regulations encourage high -density residential development and redevelopment near Metrorail and Metromover stations., which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, there have not been changing conditions to the Miami 21 Code Atlas in the form of land uses, which are adjacent to the property, that would deem the changes necessary and consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the proposed application is not consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the proposed zoning change can be deemed inappropriate in light of the intent of the Miami 21 Code; and City of Miami Page 2 of 3 File ID: 13898 (Revision:) Printed on: 71512023 File ID: 13898 Enactment Number: 14187 WHEREAS, the Planning Department recommends denial of the rezoning application from 76-8-0" Urban Transect Zone — Open to 76-12-0" Urban Core Transect Zone - Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 19, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-046, where a motion to recommend approval of the zoning change failed by a vote of three to five (3 - 5), Item No. PZAB. 6, thereby constituting a recommendation of denial of the Zoning Change; and WHEREAS, City Commission has considered the Applicant's justification as well as the Planning Department recommendation; and WHEREAS, City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; 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 the Miami 21 Code is hereby amended by changing the zoning classification from 76-8-0" Urban Core Transect Zone -Open to 76-12-0" Urban Core Transect Zone for the properties located at 1657 Northwest 17th Avenue, 1667 Northwest 17th Avenue, 1601 Northwest 17th Avenue; and by changing the zoning classification from 76-8-R" Urban Core Transect Zone — Restricted, to 76-12-0" Urban Core Transect Zone for the properties located at 1644 Northwest 16th Terrace, 1650 Northwest 16th Terrace, 1601 Northwest 17th Avenue, and 1700 Northwest 15th Street Road 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 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: r i ria i endez, City Httor iey 5116/2023 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: 13898 (Revision:) Printed on: 71512023