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HomeMy WebLinkAboutLegislation-SUBCity of Miami Ordinance 14080 Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11325 Final Action Date: 7/28/2022 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-O," URBAN CENTER - OPEN, TO "T6-8-O," URBAN CORE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8038 NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article 7, Section 7.1.2.8 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), Qualcon Little River Active Zone Business, LLC ("Applicant') requested to change the zoning designation of the properties located at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace (collectively, "Property"); and WHEREAS, 8038 Northeast 2 Avenue is bifurcated by two (2) Transect Zone c, designations, "T5-O," Urban Center Transect - Open (western portion), and "T6-8-O,"4rbig Core Transect - Open (eastern portion); and WHEREAS, 165 Northeast 80 Terrace has a single Transect Zone design4kii of 5- O," Urban Center Transect - Open; and 3i., co �: WHEREAS, the Applicant proposes to rezone the western portion of 803rthecst Avenue and 165 Northeast 80 Terrace from "T5-0," Urban Center Transect — Oper,2to 1"6-8-1,' 0," Urban Core Transect — Open; and o WHEREAS, in total, the Property is 2.17 ± acres in size, of which 1.42 ± acres are requested to be rezoned to "T6-8-O," Urban Core Transect — Open; and WHEREAS, the Property is located immediately north of the Little River Commerce Park and contains a telecommunication facility that has operated on the site for approximately 70 years; and WHEREAS, the Property abuts the high intensity corridors of Northeast 82 Street to the north and Northeast 2 Avenue to the east; and WHEREAS, the Property abuts "T5-O," Urban Center Transect — Open, to the west, "T6- 8-0," Urban Core Transect — Open, to the north and east, and a bifurcated parcel to the south with "T5-O," Urban Center Transect — Open, and "T6-8-0," Urban Core Transect - Open; and City of Miami Page 1 of 4 File ID: 11325 (Revision: A) Printed On: 4/13/2023 11325 - Legislation -SUB File ID: 11325 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number. 14080 WHEREAS, the west of the Property is predominantly multifamily residential uses and the east of the Property is generally commercial, retail, and office uses; and WHEREAS, under the previous Zoning Code ("Ordinance No. 11000"), the western portion of the Property was zoned "0," Office, and with the adoption of the Miami 21 Code, this portion of the Property was rezoned to "T5-O" Urban Center Transect - Open; and WHEREAS, under Ordinance No. 11000, the eastern portion of the Property was zoned "C-1," Restricted Commercial, and with the adoption of the Miami 21 Code, this portion of the Property was rezoned to "T6-8-O," Urban Core Transect - Open; and WHEREAS, the western portion of 8038 Northeast 2Avenue and 165 Northeast 80 Terrace have a Future Land Use Map ("FLUM") designation of "Medium Density Restricted Commercial" and the eastern portion of 8038 Northeast 2 Avenue has a FLUM designation of "Restricted Commercial"; and WHEREAS, the Applicant has submitted a companion application (ePlan File ID No. PZ- 20-5966) to amend the FLUM designation of the Miami Comprehensive Neighborhood Plan ("MCNP") for the western portion of 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace from "Medium Density Restricted Commercial" to "Restricted Commercial"; and WHEREAS, the Property abuts "Medium Density Restricted Commercial" to the west, "Restricted Commercial" to the north and east, and a bifurcated parcel to the south with "Medium Density Restricted Commercial" and "Restricted Commercial" designations; and WHEREAS, the requested rezoning to the "T6-8-O," Urban Core Transect — qpen, would allow cohesive development standards across the Property which may better sArveee surrounding neighborhood with an influx of new housing and uses; and WHEREAS, the proposed zoning amendment to "T6-8-O," Urban Core Tra t -OpeR is consistent and comparable with the mixed -use development trends and patterns — theca m nearby area and the existing infrastructure and services (roadway network, utilitiegfzun$yr ,,,C schools, libraries, fire, and public safety); and s� rr� 0 WHEREAS, the Planning Department is concerned that the increase in vehDips from the proposed redevelopment may create an adverse impact on the Northeast 2 AvaiueVhd Northeast 82 Street intersection; and WHEREAS, although traffic may be increased, the Property is located within the Opportunity Zone, which is intended to incentivize development in economically distressed areas; and WHEREAS, if approved, the rezoning from "T5-0," Urban Center Transect — Open, to "T6-8-O," Urban Core Transect — Open, may provide a catalyst for additional residential units to be developed, provide an opportunity for economic development with the ability to create jobs, and possibly create a mixed -use neighborhood with a full range of residential, office, live/work spaces, and neighborhood retail; and WHEREAS, the proposed rezoning is in keeping with the goals, objectives, and policies of the MCNP; and City of Miami Page 2 of 4 File ID: 11325 (Revision: A) Printed on: 4/13/2023 File ID: 11325 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14080 WHEREAS, the proposed rezoning maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, the proposed rezoning 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 Department recommends approval of the rezoning application; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on January 5, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22- 002 by a vote of six to one (6-1), Item No. PZAB.4, recommending approval of the proposed rezoning; and WHEREAS, the City Commission has considered the need and justification for the proposed rezoning, including changing and changed conditions that make the passage of the proposed rezoning necessary; 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 ("City") and its inhabitants to recommend approval of this amendment to the Zoning Atlas of the Miami 21 Code, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: co w Section 1. The recitals and findings contained in the Preamble to this Ordinarase a film adopted by reference and incorporated as if fully set forth in this Section. cl.-4 CD r7' CA)m Section 2. The Zoning Atlas of the Miami 21 Code is amended by changin th zing'1 classification from "T5-O," Urban Center Transect — Open, to "T6-8-O," Urban Coranapct Open, for the Property as described in Exhibit "A," attached and incorporated. o 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 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.' 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 4 File ID: 11325 (Revision: A) Printed on: 4/13/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 11325 Enactment Number: 14080 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 4 of 4 File ID: 11325 (Revision: A) Printed on: 4/13/2023 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number File Number: 11325 City Hall 3500 Pan Ameican Dri Miami, FL 33133 www.miamigov.IP/ m Final Acti - n Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDI ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CH ZONING CLASSIFICATION FROM "T5-O," URBAN CENT "T6-8-O," URBAN CORE -OPEN, FOR THE PROPERTI APPROXIMATELY 8038 NORTHEAST 2 AVENUE (W AND 165 NORTHEAST 80 TERRACE MIAMI, FLO PARTICULARLY DESCRIBED IN EXHIBIT "A"; M CONTAINING A SEVERABILITY CLAUSE; AND EFFECTIVE DATE. G THE DINANCE GING THE R-OPEN, TO LOCATED AT STERN PORTION) A, ALL AS MORE ING FINDINGS; ROVIDING FOR AN WHEREAS, pursuant to Article 7, Section 7.1 : of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended Miami 21 Code"), Qualcon Little River Active Zone Business, LLC ("Applicant") requeste• o change the zoning designation of the properties located at 8038 Northeast 2 Avenue d 165 Northeast 80 Terrace (collectively, "Property"); and WHEREAS, 8038 Northeast 2 Ave e is bifurcated by two (2) Transect Zone designations, "T5-O," Urban Center Tra .ect - Open (western portion), and "T6-8-O," iirbake Core Transect - Open (eastern portion , and <-, w r)rn Xt. WHEREAS, 165 Northeast :0 Terrace has a single Transect Zone designati8r�'of'al°5- n"7 0," Urban Center Transect - Op = , and -� r, w l71 WHEREAS, the Appl ant proposes to rezone the western portion of 8038 het 2 Fri Avenue and 165 Northeas :0 Terrace from "T5-O," Urban Center Transect — Open,to "Tt-8- __j 0," Urban Core Transec Open; and 3 WHEREAS, itotal, the Property is 2.17 ± acres in size, of which 1.42 ± acres are requested to be re • ned to "T6-8-O," Urban Core Transect — Open; and WHER-I S, the Property is located immediately north of the Little River Commerce Park and contains : telecommunication facility that has operated on the site for approximately 70 years; and HEREAS, the Property abuts the high intensity corridors of Northeast 82 Street to the nort - nd Northeast 2 Avenue to the east; and WHEREAS, the Property abuts "T5-0," Urban Center Transect — Open, to the west, "T6- -0," Urban Core Transect — Open, to the north and east, and a bifurcated parcel to the south with "T5-0," Urban Center Transect — Open, and "T6-8-O," Urban Core Transect - Open; and City of Miami File ID: 11325 (Revision:) Printed On: 7/19/2022 SUBSTITUTED WHEREAS, the west of the Property is predominantly multifamily residential uses and the east of the Property is generally commercial, retail, and office uses; and WHEREAS, under the previous Zoning Code ("Ordinance No. 11000"), the western portion of the Property was zoned "0," Office, and with the adoption of the Miami 21 Code, t portion of the Property was rezoned to "T5-O" Urban Center Transect - Open; and WHEREAS, under Ordinance No. 11000, the eastern portion of the Property w s zoned "C-1," Restricted Commercial, and with the adoption of the Miami 21 Code, this port'•n of the Property was rezoned to "T6-8-O," Urban Core Transect - Open; and WHEREAS, the western portion of 8038 Northeast 2 Avenue and 165 •rtheast 80 Terrace have a Future Land Use Map ("FLUM") designation of "Medium Den : ity Restricted Commercial" and the eastern portion of 8038 Northeast 2 Avenue has a F M designation of "Restricted Commercial"; and WHEREAS, the Applicant has submitted a companion applic• ion (ePlan File ID No. PZ- 20-5966) to amend the FLUM designation of the Miami Comprehe ive Neighborhood Plan ("MCNP") for the western portion of 8038 Northeast 2 Avenue a • 165 Northeast 80 Terrace from "Medium Density Restricted Commercial" to "Restricted C• mmercial"; and WHEREAS, the Property abuts "Medium Density R- stricted Commercial" to the west, "Restricted Commercial" to the north and east, and a bif cated parcel to the south with "Medium Density Restricted Commercial" and "Restric • d Commercial" designations; and WHEREAS, the requested rezoning to the " 6-8-0," Urban Core Transect — Open, would allow cohesive development standards ac •ss the Property which may better serve the surrounding neighborhood with an influx of ne housing and uses; and WHEREAS, the proposed zoning aendment to "T6-8-0," Urban Core Transect— O0en, is consistent and comparable with the m' ed-use development trends and patterns of t1e 11.4 nearby area and the existing infrastruc re and services (roadway network, utilities, pAntyta schools, libraries, fire, and public saf y); and zycz, Fri WHEREAS, the Plannin• •epartment is concerned that the increase in vehiletript frorp the proposed redevelopment . y create an adverse impact on the Northeast 2 Aveiie ark ,C Northeast 82 Street intersec ' • n; and 3 c Z Fri WHEREAS, alth. igh traffic may be increased, the Property is located withinre -- Opportunity Zone, whi is intended to incentivize development in economically distssr areas; and WHER -, if approved, the rezoning from "T5-0," Urban Center Transect — Open, to "T6-8-0," Urba- Core Transect — Open, may provide a catalyst for additional residential units to be develope•, provide an opportunity for economic development with the ability to create jobs, and possib create a mixed -use neighborhood with a full range of residential, office, live/work spaces, - d neighborhood retail; and WHEREAS, the proposed rezoning is in keeping with the goals, objectives, and policies f e MCNP; and WHEREAS, the proposed rezoning maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and City of Miami File ID: 11325 (Revision:) Printed On: 7/19/2022 SUBSTITUTED WHEREAS, the proposed rezoning is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and and WHEREAS, the Planning Department recommends approval of the rezoning applicatio WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on January 5, 2022, following an advertised public hearing, adopted Resolution No. PZAB -22- 002 by a vote of six to one (6-1), Item No. PZAB.4, recommending approval of the pr• posed rezoning; and WHEREAS, the City Commission has considered the need and justific- on for the proposed rezoning, including changing and changed conditions that make t passage of the proposed rezoning necessary; and WHEREAS, the City Commission, after careful consideration advisable and in the best interest of the general welfare of the City inhabitants to recommend approval of this amendment to the Zo g Code, as hereinafter set forth; this matter, deems it Miami ("City") and its Atlas of the Miami 21 NOW, THEREFORE, BE IT ORDAINED BY THE C P MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings containe in the Preamble to this Ordinance are adopted by reference and incorporated as if fully st forth in this Section. Section 2. The Zoning Atlas of the Mi. i 21 Code is amended by changing the zoning classification from "T5-O," Urban Center Tr. sect — Open, to "T6-8-O," Urban Core Transect — Open, for the Property as described in E ibit "A," attached and incorporated. Section 3. If any section, pa ► of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the -maining provisions of this Ordinance shall not be affected. Section 4. This Ordin. ce shall become effective thirty-one (31) days after secnd, reading and adoption thereo , pursuant and subject to Section 163.3184(12), Florida Statuf and Section 163.3187(5)( , Florida Statutes.' -, rri APPROVED AS TO F e ' M AND CORRECTNESS: n? rrt ram, .. ) dez, ity ttor ey 5/17/2022 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 File ID: 11325 (Revision:) Printed On: 7/19/2022