HomeMy WebLinkAboutO-14190opCity of Miami
Ordinance 14190
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Legislation
File Number: 13320
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/13/2023
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 "73-L" SUB-
URBAN TRANSECT ZONE — LIMITED TO "73-0" SUB -URBAN TRANSECT
ZONE -OPEN OF THE PROPERTY GENERALLY LOCATED AT 39
NORTHWEST 39 STREET, 40 NORTHWEST 39 STREET, AND 48
NORTHWEST 39 STREET, 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 property is generally located at 39 Northwest 39 Street, 40 Northwest 39
Street, and 48 Northwest 39 Street, Miami, Florida, and is zoned 73-L" Sub -Urban Transect
Zone -Limited; and
WHEREAS, Andres Rivero ("Applicant") has submitted a request to change the zoning
classification from 73-L" Sub -Urban Transect Zone -Limited for 39 Northwest 39 Street, 40
Northwest 39 Street, and 48 Northwest 39 Street (collectively, "Property"); and
WHEREAS, the Applicant had voluntarily proffered a draft Covenant that would have
proffered that "Notwithstanding the T4-L zoning on the Property, development on the Property
shall be restricted to residential uses with a maximum density of two (2) dwelling units to be
developed in accordance with the development standards for the T3-0 transect zone as
described in Miami 21," however the covenant is no longer necessary because the applicant
requested a change to the lesser designation of T3-0 Sub -Urban Transect Zone - Open; and
WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately
15,000 square feet (± 0.34 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation is Single -Family
Residential; and
WHEREAS, the request to rezone the Property from 73-L" Sub -Urban Transect Zone -
Limited to 74-L" General Urban Transect Zone -Limited is inconsistent with the Property's
existing future land uses ("FLU") of Single -Family Residential , therefore, a concurrent
Comprehensive Plan Amendment is required; and has been submitted as a companion
application PZ-22-13143; and
WHEREAS, the Property is currently developed with two (2) existing houses and one (1)
vacant parcel, and is bordered by 73-L" Sub -Urban Transect Zone -Limited and 74-L" General
Urban Transect Zone -Limited uses; and
City of Miami Page 1 of 3 File ID: 13320 (Revision: A) Printed On: 8/8/2023
File ID: 13320
Enactment Number: 14190
WHEREAS, the Property is bounded by Northwest 40 Street to the north, Northwest 38
Street to the south, North Miami Avenue to the east and Northwest 1 Avenue to the west; and
WHEREAS, the Property is located in a portion of the Wynwood/Edgewater
neighborhood where there are not a variety of zoning designations, commercial uses, and
housing types; and
WHEREAS, the property was zoned "R-1" under the previous Ordinance No. 11000, the
former Zoning Code, which permitted 9 (nine) dwelling units per acre; and
WHEREAS, the proposed 74-L" General Urban Transect Zone -Limited classification
would have resulted in higher intensity and taller development; and
WHEREAS, the application was 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"), in that the Rezone of the Property from T3-L" Sub -Urban Transect Zone -Limited to
74-L" General Urban Transect Zone -Limited is inconsistent with the goals, objectives and
policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, this request to Rezone the Property was inconsistent with MCNP Policy LU-
1.3.15 which is intended to continue to encourage a development pattern that enhances existing
neighborhoods by developing a balanced mix of uses including areas for employment,
shopping, housing, and recreation in close proximity to each other; and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code in that a change may be made only to the next intensity Transect Zone or by
a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to
preserve Neighborhoods and to provide transitions in intensity and Building Height; and
WHEREAS, the proposed zoning change can be deemed inappropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommended denial of the rezoning application
from 73-L" Sub -Urban Transect Zone -Limited to 74-L" General Urban Transect Zone -Limited;
and alternatively recommended approval of 73-0" Sub Urban Transect Zone — Open; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
January 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
009 by a vote of seven to two (7-2), Item No. PZAB.2, recommending approval of the proposed
Miami 21 Code text amendment, however, notwithstanding the PZAB's recommendation of
approval, the PZAB recommended that a change to 73-0" would be preferred; and
WHEREAS, at the July 13, 2023, City Commission meeting, the Applicant voluntarily
requested that the City Commission grant the zoning change from 73-L" Sub -Urban Transect
Zone -Limited to the lesser category of 73-0" Sub Urban Transect Zone — Open as
recommended by the Planning Department; and
WHEREAS, the Planning Department recommends the change from 73-L" Sub -Urban
Transect Zone -Limited to 73-0" Sub Urban Transect Zone — Open, and finds such change to
be consistent with Article 7, Section 7.1.2.8.f.1(a) of Miami 21; and
City of Miami Page 2 of 3 File ID: 13320 (Revision: A) Printed on: 8/8/2023
File ID: 13320
Enactment Number: 14190
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 necessary; and
WHEREAS, the 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 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 "73-L" Sub -Urban Transect Zone -Limited to "73-0" Sub -Urban Transect
Zone -Open, for the property generally located at 39 Northwest 39 Street, 40 Northwest 39
Street, and 48 Northwest 39 Street, Miami, Florida, as described in Exhibit "A", attached and
incorporated.
Section 3. 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
F 4naindez, City Attor iey 8/8/2023
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: 13320 (Revision: A) Printed on: 8/8/2023