HomeMy WebLinkAboutO-14233City of Miami
Ordinance 14233
Legislation
City Hall
3500 Pan American 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-
0," URBAN CENTER TRANSECT ZONE — OPEN (NORTHERN PORTION),
FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-
0," 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
WHEREAS, the parcel located at 40 Northeast 53 Street is approximately 4,000 square
feet (0.09 acres) of land; and
City of Miami Page 1 of 3 File ID: 14678 (Revision:) Printed On: 7/15/2025
File ID: 14678 Enactment Number: 14233
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
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File ID: 14678 Enactment Number: 14233
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, City 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.
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