HomeMy WebLinkAboutR-24-0028City of Miami
Resolution R-24-0028
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15243 Final Action Date: 1/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A WAIVER OF THE LIMITATIONS UNDER SECTION 7.1.2.8(g)
OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 40 AND 50 NORTHEAST 54 STREET AND 43 NORTHEAST
53 STREET, MIAMI, FLORIDA.
SPONSOR(S): Commissioner Christine King
WHEREAS, Alfredo L. Gonzales, Esq., on behalf of 53rd Street Apartments, LP c/o Omni
America LLC, ("Applicant") has submitted a request to waive the 18-month limitation provision
for petition(s) to rezone properties for the property generally located at 40 and 50 Northeast 54
Street and 43 Northeast 53 Street, Miami, Florida, (collectively, "Property") as described in
Exhibit A, attached and incorporated; and
WHEREAS, the Applicant is requesting to waive the required eighteen (18) month period
between petitions for rezoning as provided under Article 7, Section 7.1.2.8(g) of Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately
42,750 square feet (0.98 acres) of land; and
WHEREAS, the parcel located at 40 Northeast 53 Street is approximately 4,000 square
feet (0.09 acres) of land; and
WHEREAS, the parcel located at 43 Northeast 53 Street is approximately 4,750 square
feet (0.10 acres) of land; and
WHEREAS, the parcel located at 50 Northeast 54 Street (southwestern portion) is
approximately 4,759 square feet (0.10 acres) of land; and
WHEREAS, the parcel located 50 Northeast 54 Street (southeastern portion) is
approximately 9,247 square feet (0.21 acres) of land; and
WHEREAS, the parcel located 50 Northeast 54 Street (northern portion) is
approximately 19,996 square feet (0.45 acres) of land; and
WHEREAS, the Property has a Future Land Use Map ("FLUM") of Restricted
Commercial; and
WHEREAS, the Property is bounded by Northeast 54 Street to the north and Northeast
53 Street to the south; and
City of Miami Page 1 of 3 File ID: 15243 (Revision:) Printed On: 1/31/2024
File ID: 15243 Enactment Number: R-24-0028
WHEREAS, Property is located in a portion of the Little Haiti neighborhood where there
are a variety of zoning classifications, commercial uses, and housing types; and
WHEREAS, the Property was approved to be rezoned to "T5-O," Urban Center Transect
Zone — Open, on November 16, 2023, with an effective date of thirty-one (31) days after
approval by the Miami City Commission; and
WHEREAS, on December 20, 2023, the Applicant submitted a request to waive the time
limits pursuant to Article 7, Section 7.1.2.8(g), of the Miami 21 Code to waive the
required eighteen (18) month period between petition(s) to rezone the Property; and
WHEREAS, the time limits set forth in Article 7, Section 7.1.2.8(g), of the Miami 21 Code
may be waived by a vote of at least three (3) members of the City Commission when such
action is deemed necessary to prevent injustice or to facilitate development of the City in the
context of the adopted Comprehensive Plan, or any portion thereof; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City
regulations; and
WHEREAS, the City Commission finds that the application complies with all applicable
regulations, including the requirements of the Miami 21 Code and the MCNP; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve the requested waiver;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The waiver of time limit pursuant to Article 7, Section 7.1.2.8(g), of the Miami
21 Code, to waive the required eighteen (18) month period between petition(s) to rezone a
property, as provided under Article 7, Section 7.1.2.8(g), of the Miami 21 Code, is hereby
approved
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of
this Resolution is declared invalid, the remaining provisions of this Resolution shall not be
affected.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 3 File ID: 15243 (Revision:) Printed on: 1/31/2024
File ID: 15243 Enactment Number: R-24-0028
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 15243 (Revision:) Printed on: 1/31/2024