HomeMy WebLinkAboutO-14310City of Miami
Ordinance 14310
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15939 Final Action Date: 9/26/2024
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, BY
CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER
TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT
ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 185
NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED
AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED
DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND
INCORPORATED AS EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 185 Northeast 59 Street and 175 Northeast 59
Street, as more particularly described in the attached and incorporated Exhibit "A,"(collectively
the "Property") have a zoning classification of "T5-R," Urban Center Transect Zone — Restricted,
on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
as amended, ("Miami 21 Code"); and
WHEREAS, Steven J. Wernick, Esq. AICP, on behalf of 5900 W Little Haiti, LLC
("Applicant"), submitted a request to change the zoning classification of the Property from "T5-
R," Urban Center Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open,
on the Zoning Atlas of the Miami 21 Code; and
WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately
12,174 square feet (0.279 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation of the Property on the
Miami Comprehensive Neighborhood Plan ("MCNP") is Medium Density Multifamily Residential;
and
WHEREAS, the request to change the zoning classification from "T5-R," Urban Center
Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, is not consistent
with the Property's existing future land uses ("FLU") of Medium Density Multifamily Residential,
therefore, a concurrent Comprehensive Plan amendment is required; and
WHEREAS, the request to change the FLU from Medium Density Multifamily Residential
to Restricted Commercial is being processed concurrently (PZ-23-16881); and
WHEREAS, the 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
City of Miami Page 1 of 3 File ID: 15939 (Revision: A) Printed On: 10/16/2024
File ID: 15939 Enactment Number: 14310
WHEREAS, the proposed "T5-O," Urban Center Transect Zone — Open, classification
would result in greater intensity of Uses; and
WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f.1(b); and
WHEREAS, the request is consistent with Miami 21, Article 7, Section 7.1.2.8.f.2; and
WHEREAS, the proposed change in zoning classification can be deemed appropriate in
light of the intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommended approval of the change in zoning
classification from "T5-R," Urban Center Transect Zone — Restricted, to "T5-O," Urban Center
Transect Zone - Open; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants
("Covenant"), a copy of which is attached and incorporated as Exhibit "B"; and
WHEREAS, the Covenant proffered by the Applicant provides that, for a period of ten
(10) years:
a. The Applicant/Owner shall maintain on the Property art -related commercial
uses with a minimum floor area of 3,200 square feet, including artist
studios, workspaces, display and/or sale of artwork, and ancillary art
programming.
b. Such use of the Property identified in subsection a. above shall include (i)
art exhibits promoting Haitian art and culture, and (ii) art educational
programming offered to children in Little Haiti.
c. Any application filed by Owner with City of Miami for approvals shall
be provided to the Little Haiti Revitalization Trust for its review within
thirty (30) days of formal submittal of said application to City.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 3,
2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-0027 by a
vote of eight to zero (8-0), Item No. PZAB. 8, recommending approval change of zoning
classification; and
WHEREAS, the PZAB particularly found that this amendment is supported by and
consistent with Policy LU-1.1.7 of the MCNP; 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 Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, the request is consistent with Goals, Objectives, and Policies of the MCNP;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 2 of 3 File ID: 15939 (Revision: A) Printed on: 10/16/2024
File ID: 15939 Enactment Number: 14310
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-R," Urban Center Transect Zone — Restricted, to "T5-O," Urban
Center Transect Zone - Open, for the Property generally located at 185 Northeast 59 Street and
175 Northeast 59 Street, Miami, Florida, as described in "Exhibit A," attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered Covenant, attached
and incorporated as Exhibit "B," which must be submitted to the City within thirty (30) days of
adoption hereof.
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 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:
ge WyngIII,C y ttor
5/13/2024 e , ge Wy j ng III, C y - tor -y 9/17/2024
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: 15939 (Revision: A) Printed on: 10/16/2024