HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 6759
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING 0.53 ACRES OF PROPERTY
LOCATED AT APPROXIMATELY 1583 NORTHWEST 24 AVENUE,
MIAMI, FLORIDA FROM "T5-L," URBAN CENTER — LIMITED,
PARTIALLY TO "T5-R," URBAN CENTER — RESTRICTED AND
PARTIALLY TO "D3," WATERFRONT INDUSTRIAL, AND BY
CHANGING 8.91 ACRES OF THE PROPERTIES AT 1535, 1545, AND
THE REMAINING PORTION OF 1583 NORTHWEST 24 AVENUE,
MIAMI, FLORIDA FROM "T6-12-L," URBAN CENTER — LIMITED,
PARTIALLY TO "D3," WATERFRONT INDUSTRIAL, AND PARTIALLY
TO "T5-R," URBAN CENTER — RESTRICTED, RESULTING IN 2.25
ACRES OF "T5-R", URBAN CENTER — RESTRICTED, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, AND THE REMAINING 7.19 ACRES OF "D3,"
WATERFRONT INDUSTRIAL, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "B", ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
LOCATION: Approximately 1535, 1545, and 1583 NW 24 Av [Commissioner Alex Diaz
de la Portilla — District 1]
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of
Miami
PURPOSE: This will change 0.53 acres of property located at approximately 1583 NW
24 Ave from "T5-L," Urban Center — Limited, partially to "T5-R," Urban Center —
Restricted and partially to "D3," Waterfront Industrial; and by changing 8.91 acres of the
properties at 1535, 1545, and the remaining portion of 1583 NW 24 Ave from "T6-12-L,"
Urban Center — Limited, partially to "D3" Waterfront Industrial and partially to "T5-R"
Urban Center — Restricted, resulting in 2.25 acres of "T5-R", Urban Center — Restricted.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 30,
2019, by a vote of 6-1.
City of Miami File ID: 6759 (Revision:) Printed On: 4/29/2025
City of Miami
Legislation
Ordinance
Enactment Number:13890
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 6759 Final Action Date: 1/23/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY CHANGING 0.53 ACRES OF PROPERTY LOCATED
AT APPROXIMATELY 1583 NORTHWEST 24 AVENUE, MIAMI, FLORIDA
FROM "T5-L," URBAN CENTER — LIMITED, PARTIALLY TO "T5-R,"
URBAN CENTER — RESTRICTED AND PARTIALLY TO "D3,"
WATERFRONT INDUSTRIAL, AND BY CHANGING 8.91 ACRES OF THE
PROPERTIES AT 1535, 1545, AND THE REMAINING PORTION OF 1583
NORTHWEST 24 AVENUE, MIAMI, FLORIDA FROM "T6-12-L," URBAN
CENTER — LIMITED, PARTIALLY TO "D3," WATERFRONT INDUSTRIAL,
AND PARTIALLY TO "T5-R," URBAN CENTER — RESTRICTED,
RESULTING IN 2.25 ACRES OF "T5-R", URBAN CENTER —
RESTRICTED, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED AND INCORPORATED, AND THE REMAINING 7.19 ACRES
OF "D3," WATERFRONT INDUSTRIAL, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, approximately 0.53 acres of the property located at approximately
1583 Northwest 24 Avenue, Miami, Florida is currently zoned "T5-L," Urban Center
Zone — Limited ("Parcel 1"); and
WHEREAS, approximately 8.91 acres of the properties located at approximately
1535, 1545, and the remaining portion of 1583 Northwest 24 Avenue, Miami, Florida are
currently zoned "T6-12-L", Urban Core — Limited ("Parcel 2") ("Parcel 1" and "Parcel 2"
collectively referred to as "Property"); and
WHEREAS, the City of Miami ("City") is requesting to rezone the 2.25 acres of
the Property to "T5-R", Urban Center — Restricted, as more particularly described in
Exhibit "A", and 7.19 acres of the Property to "D-3," Waterfront Industrial, as more
particularly described in Exhibit "B," both exhibits attached and incorporated, to be
consistent with the Future Land Use Map ("FLUM") of the Miami Comprehensive
Neighborhood Plan ("MCNP"); and
WHEREAS, prior to the adoption of Ordinance No. 13114, as amended, the
Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), the Property was
rezoned through the adoption of Ordinance No. 12777 on February 23, 2006, such that
Parcel 1, which is currently zoned "T5-L", Urban Center Zone — Limited, remained "R-3",
City of Miami File ID: 6759 (Revision:) Printed On: 4/29/2025
Multifamily Medium -Density Residential", and Parcel 2, which is currently zoned "T6-12-
L", Urban Core — Limited, was rezoned from "SD-4," Waterfront Industrial District, and
"R-3", Multifamily Medium -Density Residential, to "C-1", Residential, under Zoning
Ordinance No. 11000; and
WHEREAS, also on February 23, 2006, the City Commission adopted Ordinance
No. 12776 amending the FLUM of the City such that the zoning for the Property would
be consistent with the MCNP at that time and in accordance with Chapter 163, Florida
Statutes ("2006 FLUM Amendment"); and
WHEREAS, the 2006 FLUM Amendment involved changing approximately 7.19
acres of the Property from "Industrial" to "Restricted Commercial" and changing
approximately 1.72 acres of the Property from "Medium Density Multifamily Residential"
to "Restricted Commercial," resulting in a total of 8.91 acres of "Restricted Commercial";
and
WHEREAS, the 2006 FLUM Amendment left 0.53 acres of the Property with the
"Medium Density Multifamily Residential" designation intact; and
WHEREAS, the 2006 FLUM Amendment was appealed by the Durham Park
Neighborhood Association, Inc., the Miami River Marine Group, Inc., and Herbert Payne
("Appellants") regarding violations of principles of "Working and Recreational
Waterfronts" as established in Chapter 342, Florida Statutes, resulting in a decision by
the Third District Court of Appeals ("3 DCA") which reversed the 2006 FLUM
Amendment; and
WHEREAS, the Appellants had other issues of contention regarding goals,
objectives, and policies contained within the MCNP based on Working and Recreational
Waterfronts policies that were ultimately resolved through a Stipulated Settlement
Agreement between the Appellants, the City of Miami ("City"), and the State Land
Planning Agency, then known as the Department of Community Affairs; and
WHEREAS, the City adopted the Stipulated Settlement Agreement by Resolution
No. R-10-0327 and adopted a text amendment to the MCNP (Ordinance No. 13189) to
finalize the 2005 Evaluation and Appraisal Review ("EAR") process and to settle the
Appellants' claims against the City; and
WHEREAS, at the time Ordinance No. 11000 was repealed and the Miami 21
Code was adopted, the Ordinance No. 11000 Zoning Atlas showed that Parcel 1 was
designated as "R-3" and Parcel 2 was designated as "C-1", reflecting that the 3 DCA did
not reverse the zoning of the Property; and
WHEREAS, the Zoning Atlas for the Miami 21 Code at adoption shows Parcel 1
as designated "T5-L", Urban Center Zone — Limited, and Parcel 2 as designated as "T6-
12-L", Urban Core — Limited, which is generally an appropriate "reinterpretation" of
zoning for the new zoning regulations; and
WHEREAS, the correct FLUM designation for the Property, by operation of law,
reflects that 2.25 acres of land are designated as "Medium Density Multifamily
Residential," as they were prior to the adoption of Ordinance No. 12776, and the
City of Miami File ID: 6759 (Revision:) Printed On: 4/29/2025
remaining 7.19 acres of land are designated as Industrial, as they were designated prior
to the adoption of Ordinance No. 12776; and
WHEREAS, to avoid inconsistency with the MCNP and to cure a violation with
Section 163.3201, Florida Statutes, the City must rezone the property with a consistent
zoning designation; and
WHEREAS, the proposed zoning change 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 Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 30, 2019, following an advertised public hearing, adopted Resolution No.
PZAB-R- 19-046 by a vote of six to one (6-1), Item No. PZAB.4, recommending
approval of the proposed zoning change; and
WHEREAS, the City Commission has considered the goals, objectives, and
policies of the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for
the proposed zoning change, including changing and changed conditions that make the
passage of the propose zoning change necessary; and
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 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. Zoning Atlas of the Miami 21 Code is hereby amended by changing
a portion of the zoning classifications from "T5-L", Urban Center — Limited, and "T6-12-
L", Urban Core — Limited, for the 2.25 acres located at approximately 1583 Northwest
24 Avenue to "T5-R", Urban Center — Restricted, as more particularly described in
Exhibit "A," attached and incorporated, and by changing a portion of the zoning
classifications from "T5-L" Urban Center — Limited, and "T6-12-L", Urban Core —
Limited, for 7.19 acres located at approximately 1535, 1545, and the remainder of the
property at 1583 Northwest 24 Avenue, Miami, Florida to "D-3," Waterfront Industrial, as
more particularly described in Exhibit "B," 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 ten (10) days after approval at
second reading.
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
City of Miami File ID: 6759 (Revision:) Printed On: 4/29/2025
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby I_. Min, Deputy City Attorney 11/12/2019
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 6759 (Revision:) Printed On: 4/29/2025