HomeMy WebLinkAboutO-14285City of Miami
Ordinance 14285
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15536 Final Action Date: 5/23/2024
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 "T5-O,"
URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-O," URBAN CORE
TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT
43 NORTHEAST 53 STREET, 40 NORTHEAST 54 STREET, AND 50
NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY")
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; FURTHER RECOMMENDING TO THE CITY COMMISSION
ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT,
ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property is generally located at 43 Northeast 53 Street, and 40 and 50
Northeast 54 Street, Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A," ("Property") and is zoned "T5-O," Urban Center Transect Zone — Open,
on the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as
amended ("Miami 21 Code"); and
WHEREAS, Alfredo L. Gonzales, Esq., on behalf of 53rd Street Apartments, L.P.,
("Applicant") submitted a request to change the zoning classification from "T5-O" Urban Center
Transect Zone - Open to "T6-8-O" Urban Core Transect Zone — Open for the Property; and
WHEREAS, on January 11, 2024, the Miami City Commission voted to grant the 18-
month waiver of time required between petitions to rezone; and
WHEREAS, the Property is approximately 42,750 square feet (0.98 acres) of land; and
WHEREAS, the Future Land Use Map designation is Restricted Commercial; and
WHEREAS, the request to rezone the Property from "T5-O," Urban Center Transect
Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, is consistent with the Property's
existing future land uses ("FLU") of Restricted Commercial, therefore, a concurrent
Comprehensive Plan Amendment is not required; and
WHEREAS, the Property is bounded by Northeast 54th Street to the north and Northeast
53rd Street to the south; and
WHEREAS, the Property is located in a portion of the Little Haiti neighborhood where
there are a variety of zoning designations, commercial uses, and housing types; and
City of Miami Page 1 of 3 File ID: 15536 (Revision:) Printed On: 6/3/2024
File ID: 15536 Enactment Number: 14285
WHEREAS, the proposed change from "T5-O," Urban Center Transect Zone — Open, to
"T6-8-O," Urban Core Transect Zone — Open, classification would result in higher intensity and
taller development; and
WHEREAS, the Applicant proffered a Restrictive Covenant to be recorded on the
Property requiring that ten percent (10%) of the Dwelling Units developed on the Property shall
be made available for rent by Owner and shall be Workforce Housing serving residents at or
below one hundred percent (100%) of the Area Median Income ("AMI") as published by the
United States Department of Housing and Urban Development, annually, and certified by the
City Housing and Community Development Department; and
WHEREAS, the Planning Department found the proposed application inconsistent with
Miami 21, Article 7, Section 7.1.2.8.f.1 and inconsistent with Miami 21, Article 7, Section
7.1.2.8.f.2; and
WHEREAS, the Planning Department recommended denial of the rezoning application
from "T5-O" Urban Center Transect Zone - Open to "T6-8-O" Urban Core Transect Zone —
Open; and
WHEREAS, on February 21, 2024, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for rezoning, item PZAB.4, and passed
PZAB-R-24-015, recommending denial, by a vote of nine to zero (9-0); and
WHEREAS, the City Commission held a quasi-judicial public hearing on the rezoning
application; and
WHEREAS, the City Commission considered the goals, objectives, and policies of the
Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City regulations;
and
WHEREAS, the City Commission considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, the City Commission considered whether the change would maintain the
goals of the Miami 21 Code to preserve Neighborhoods and provide transitions in intensity and
Building Height; and
WHEREAS, the City Commission finds that there is competent substantial evidence to
approve the rezoning as set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY 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 "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban
Core Transect Zone — Open, for the Property, as described in "Exhibit A," attached and
incorporated.
City of Miami Page 2 of 3 File ID: 15536 (Revision:) Printed on: 6/3/2024
File ID: 15536 Enactment Number: 14285
Section 3. The City Commission accepts the voluntarily proffered Declaration of
Restrictive Covenants, attached and incorporated as Exhibit "B," to be recorded in the official
records of Miami -Dade County, Florida.
Section 4. 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 5. This Ordinance shall become effective ten (10) days after approval at second
reading.'
APPROVED AS TO FORM AND CORRECTNESS:
nde` z, City Httor ey 3/4/2024
1 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: 15536 (Revision:) Printed on: 6/3/2024