HomeMy WebLinkAboutO-14197City of Miami
` Ordinance 14197
Legislation
File Number: 13732
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2023
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-R,"
URBAN CENTER ZONE — RESTRICTED TO "76-8-0," URBAN CORE ZONE —
OPEN, OF THE PROPERTY GENERALLY LOCATED AT 131 NORTHWEST
75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH
STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1 ST COURT,
7531 NORTHWEST 1 ST COURT, 115 NORTHWEST 75TH STREET, 7510
NORTHWEST 1STAVENUE, AND 7522 NORTHWEST 1STAVENUE , 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 are located at 131 Northwest 75th Street, 134 Northwest 76th
Street, 120 Northwest 76th Street,139 Northwest 75th Street, 7521 Northwest 1st Court, 7531
Northwest 1 st Court, 115 Northwest 75th Street, 7510 Northwest 1 st Avenue, and 7522
Northwest 1 st Avenue, Miami, Florida, and are zoned 75-R," Urban Center Zone — Restricted;
and
WHEREAS, the applicant, LRMF Equity Owner LLC ("Applicant") has submitted a
request to change the zoning classification from 75-R," Urban Center Zone — Restricted (T5-R),
to 76-8-0," Urban Core Zone — Open (T6-8-0), for the properties located at 131 Northwest
75th Street, 134 Northwest 76th Street, 120 Northwest 76th Street,139 Northwest 75th Street,
7521 Northwest 1 st Court, 7531 Northwest 1 st Court, 115 Northwest 75th Street, 7510
Northwest 1st Avenue, and 7522 Northwest 1 st Avenue (collectively the "Property"); and
WHEREAS, the Property is an assemblage of nine (9) parcels totaling approximately
72,270 square feet (±1.70 acres) of land; and
WHEREAS, the Future Land Use Map designation for the Property is "Medium Density
Multifamily Residential"; and
WHEREAS, the request to rezone the Property from the "75-R" Transect Zone to the
76-8-0" Transect Zone is inconsistent with the Property's existing future land uses ("FLU") of
Medium Density Multifamily Residential, therefore, there is a concurrent Comprehensive Plan
Amendment application (PZ-22-15116) to amend the FLUM designation of the Property; and
WHEREAS, the Property is currently developed with two (2) existing Residential
Buildings, with an average construction -built date of 1980, and is bordered by Residential Uses;
and
City of Miami Page 1 of 3 File ID: 13732 (Revision:) Printed On: 811112023
File ID: 13732 Enactment Number: 14197
WHEREAS, the Property is bounded by Northwest 76th Street to the north, Northwest
75th Street to the south, Northwest 1 st Avenue to the east, and Northwest 1 st Court to the west;
and
WHEREAS, the Property is in a Residential neighborhood where there are a variety of
zoning designations, Commercial Uses, Industrial Uses, and housing types; and
WHEREAS, the property was zoned "R-3" under the previous Zoning Code, Ordinance
No. 11000, which permitted 65 dwelling units per acre; and
WHEREAS, the proposed 76-8-0" Urban Core Zone — Open, classification will result in
higher intensity [one hundred fifty (150) dwelling units per acre] and taller development [eight (8)
Stories by Right]; 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, there have been changing conditions to the Atlas of the Miami 21 Code in
the form of City Commission Ordinance Numbers 14023 and 14024, which are adjacent to the
property, deeming the changes unnecessary and inconsistent with Article 7, Section
7.1.2.8.f.1.(b) of the Miami 21 Code; and
WHEREAS, the proposed application is inconsistent with Section 7.1.2.8.f.2 of the Miami
21 Code: "[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 considering the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends denial of the rezoning application
from 75-R" Urban Center Zone — Restricted, to 76-8-0" Urban Core Zone — Open; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-036 by a
vote of eight to two (8-2), Item No. PZAB.10, recommending approval of the rezoning; and
WHEREAS, the City Commission has considered the Applicant's justification as well as
the Planning Department's recommendation; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City
regulations;
WHEREAS, the proposed zoning 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: 13732 (Revision:) Printed on: 811112023
File ID: 13732
Enactment Number: 14197
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 ("Miami 21 Code"), as amended, is
amended by changing the zoning classification from 75-R", Urban Center Zone — Restricted to
76-8-0", Urban Core Zone — Open, for the property generally located at 131 Northwest 75th
Street, 134 Northwest 76th Street, 120 Northwest 76th Street,139 Northwest 75th Street, 7521
Northwest 1 st Court, 7531 Northwest 1 st Court, 115 Northwest 75th Street, 7510 Northwest 1 st
Avenue, and 7522 Northwest 1 st 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 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:
1
i 4naindez, City Attor iey 4/1712023
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: 13732 (Revision:) Printed on: 811112023