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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14678 Title: 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 "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 43 NORTHEAST 53 STREET; FROM "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 40 NORTHEAST 54 STREET; AND "T5-O" URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (NORTHERN PORTION), FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHWESTERN PORTION), AND FROM "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHEASTERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 50 NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY, THE "PROPERTY"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 43 Northeast 53 Street and 50 Northeast 54 Street APPLICANT(S): Alfredo L. Gonzalez Esq. on behalf of 53rd Street Apartments LPC/ Omni America LLC PURPOSE: This will amend the designation on the Future Land Use Map for the above property from "Low Density Multifamily Residential" and "Low Density Restricted Commercial" to "Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: On September 20, 2023 recommended approval with no proffered covenant. City of Miami File ID: 14678 (Revision:) Printed On: 7/15/2025 City of Miami Legislation Ordinance Enactment Number:14233 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 14678 Final Action Date: 11/16/2023 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 "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 43 NORTHEAST 53 STREET; FROM "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 40 NORTHEAST 54 STREET; AND "T5-O" URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (NORTHERN PORTION), FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHWESTERN PORTION), AND FROM "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHEASTERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 50 NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY, THE "PROPERTY"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 53rd Street Apartments, L.P. ("Applicant") submitted a request to change the zoning classification on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, of the property generally located at 43 Northeast 53 Street; from "T5-O," Urban Center Transect Zone — Open, to "T5-O," Urban Center Transect Zone — Open, for the property generally located at 40 Northeast 54 Street; and from "T5-O," Urban Center Transect Zone — Open, to "T5-O," Urban Center Transect Zone — Open (northern portion), from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open (southwestern portion), and from "T4-O," General Urban Transect Zone — Open, to "T5-O," Urban Center Transect Zone — Open (southeastern portion), for the property generally located at 50 Northeast 54 Street, Miami, Florida, collectively described in the attached and incorporated Exhibit "A" (collectively, "Property"); and WHEREAS, the Property is an assemblage of several parcels totaling approximately 42,750 square feet (0.98 acres) of land; and City of Miami File ID: 14678 (Revision:) Printed On: 7/15/2025 WHEREAS, the parcel located at 40 Northeast 53 Street is approximately 4,000 square feet (0.09 acres) of land; and WHEREAS, the parcel located at 43 Northeast 53 Street is approximately 4,750 square feet (0.10 acres) of land; and WHEREAS, parcel located at 50 Northeast 54 Street (southwestern portion) is approximately 4,759 square feet (0.10 acres) of land; and WHEREAS, the parcel located 50 Northeast 54 Street (southeastern portion) is approximately 9,247 square feet (0.21 acres) of land; and WHEREAS, the parcel located 50 Northeast 54 Street (northern portion) is approximately 19,996 square feet (0.45 acres) of land; and WHEREAS, the Property is designated Restricted Commercial, Low -Density Multi - Family, and Low -Density Restricted Commercial on the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the request to change the zoning classification is partially consistent with the property's existing FLUM designation, therefore, the Applicant has applied for a Comprehensive Plan Amendment to change the FLUM designation for a portion of the Property (ePlan PZ-23-16019); and WHEREAS, the Property is bounded by Northeast 54 Street to the north and Northeast 53 Street to the south; and WHEREAS, 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 WHEREAS, the proposed "T5-O," Urban Center Transect Zone — Open, would result in greater Intensity, Density, and Height; and WHEREAS, the Planning Department recommended approval of the application request to amend the Zoning Atlas of the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-091 by a vote of eight to zero (8 - 0), Item No. PZAB. 30, recommending approval of this Zoning Atlas amendment; and WHEREAS, the proposed "T5-O," Urban Center Transect Zone — Open, is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code in that it would create an appropriate transition and would be successional; and WHEREAS, the change maintains the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in Intensity and Building Height; and WHEREAS, the City Commission considered the Planning Department's recommendation; 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 City of Miami File ID: 14678 (Revision:) Printed On: 7/15/2025 WHEREAS, the City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; 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 amendment to the Zoning Atlas of the Miami 21 Code by amending the zoning classification from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, of the property generally located at 43 Northeast 53 Street; from "T5-O," Urban Center Transect Zone — Open, to "T5-O," Urban Center Transect Zone — Open, for the property generally located at 40 Northeast 54 Street; and from "T5-O," Urban Center Transect Zone — Open, to "T5-O," Urban Center Transect Zone — Open (northern portion), from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open (southwestern portion), and from "T4-O," General Urban Transect Zone — Open, to "T5-O," Urban Center Transect Zone — Open (southeastern portion), for the property generally located at 50 Northeast 54 Street, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated. 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: ndez, ity Attor ey 10/16/2023 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: 14678 (Revision:) Printed On: 7/15/2025