HomeMy WebLinkAboutO-13779City of Miami
Ordinance 13779
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4188 Final Action Date: 7/26/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTIES
LOCATED AT APPROXIMATELY 45 NORTHEAST 16 STREET, 64, 52, 48, 42,
AND 38 NORTHEAST 17 STREET, 1635 AND 1643 NORTHEAST MIAMI
COURT, AND 1602, 1610, 1616, 1642, 1632, 1624 NORTHEAST MIAMI
PLACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A," FROM "T6-24-A-O," URBAN CORE TRANSECT ZONE - A - OPEN, TO "T6-
24-B-O," URBAN CORE TRANSECT ZONE - B - OPEN; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties located at approximately 45 Northeast 16 Street, 64, 52, 48,
42, and 38 Northeast 17 Street, 1635 and 1643 Northeast Miami Court, and 1602, 1610, 1616,
1642, 1632, and 1624 Northeast Miami Place, Miami, Florida, more particularly described in
Exhibit "A" ("Properties"), are currently zoned "T6-24-A-O" Urban Core Transect Zone — A —
Open; and
WHEREAS, Art Luxury Rentals, LLC ("Applicant") has submitted a request to change the
zoning classification of the Properties from "T6-24-A-O," Urban Core Transect Zone - A - Open,
to "T6-24-B-O" Urban Core Transect Zone - B - Open; and
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants, attached hereto as Exhibit "B" and incorporated herein, to satisfy the Public Benefits
Bonus in accordance with Section 3.14.4(a)(1) of Ordinance No. 13114, the Zoning Ordinance
of the City of Miami, Florida, as amended, ("Miami 21 Code"), as summarized below:
1. The Applicant will reserve at least ten percent (10%) of the total number of
residential units for Workforce Housing if the residential units are sold as
condominium units or fourteen percent (14%) of the total number of residential units
for Workforce Housing if the residential units are leased to tenants; and
2. The Applicant will not sell, lease, or otherwise convey any interest in the units for
Workforce Housing for any consideration more than the amounts established by the
applicable standards for those with income in excess of 140% of the area median
income as determined by the Department of Community and Economic
Development; and
WHEREAS, the Planning Department, after due consideration, recommended denial of
the request to change the zoning classification; and
WHEREAS, the Planning, Zoning and Appeals Board at its meeting on April 18, 2018,
following an advertised public hearing, adopted Resolution No. PZAB-R-18-015 by a vote of six
City of Miami Page 1 of 3 File ID: 4188 (Revision:) Printed On: 4/1/2025
File ID: 4188 Enactment Number: 13779
to three (6-3), Item No. PZAB.7, recommending approval of the request to change the zoning
classification; and
WHEREAS, after a public hearing, due consideration has been given to the goals,
objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other
City regulations; and
WHEREAS, due consideration has been given to the need and justification for the
request to change the zoning classification, including changing and changed conditions that
make the passage of the proposed change necessary; and
WHEREAS, due consideration has also been given to the Declaration of Restrictive
Covenants, attached and incorporated as Exhibit "B," which was voluntarily proffered by the
Applicant; and
WHEREAS, the proposed change to the zoning classification is appropriate in light of the
intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, the proposed change to the zoning classification maintains 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 in
the record to support the request to change of zoning classification for the Properties; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City of Miami and its inhabitants
to grant this request to change the zoning classification as set forth herein; and
WHEREAS, the City Commission accepts the Declaration of Restrictive Covenants
voluntarily proffered by the Applicant;
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 City Commission approves the request to change the zoning
classification to the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning
classification from "T6-24-A-O," Urban Core Transect Zone — A — Open, to "T6-24-B-O," Urban
Core Transect Zone — B — Open, for the Properties, as described in "Exhibit A," attached and
incorporated.
Section 3. The Declaration of Restrictive Covenants voluntarily proffered by the
Applicant, attached and incorporated as Exhibit "B," is approved and accepted by the City
Commission.
Section 4. The Applicant shall record the Declaration of Restrictive Covenants, attached
and incorporated as Exhibit "B," within thirty (30) days of the effective date of this Ordinance.
City of Miami Page 2 of 3 File ID: 4188 (Revision:) Printed on: 4/1/2025
File ID: 4188 Enactment Number: 13779
Section 5. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes, and
§163.3184(12), Florida Statutes.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 6/4/2018
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: 4188 (Revision:) Printed on: 4/1/2025