HomeMy WebLinkAboutO-14271City of Miami
Ordinance 14271
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15440 Final Action Date: 4/25/2024
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 "T3-O,"
SUBURBAN TRANSECT ZONE — OPEN, TO "T4-O," GENERAL URBAN
TRANSECT ZONE — OPEN, FOR THE WESTERN PORTION OF THE
PROPERTIES GENERALLY LOCATED AT 4212 NORTHWEST 2 TERRACE
AND 200 NORTHWEST 42 AVENUE, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Y and Y LeJeune LLC and Y and Y S. Miami LLC, the ("Applicants") have
submitted a request to change the zoning classification from "T6-8-O," Urban Core Transect
Zone — Open, to "T6-8-L," Urban Core Transect Zone — Limited, for 248 Northwest 42 Avenue
and the eastern portions of the Property generally located at 200 Northwest 42 Avenue and
4212 Northwest 2 Terrace, and to change the zoning classification from "T3-O," Suburban
Transect Zone — Open, to "T4-O," General Urban Transect Zone — Open, for the western
portions of the Property generally located at 200 Northwest 42 Avenue and 4212 Northwest 2
Terrace (collectively the "Property"); and
WHEREAS, the portion of the Property generally located at 248 Northwest 42 Avenue,
Miami, Florida, is zoned "T6-8-O," Urban Core Transect Zone — Open"; and
WHEREAS, the western portions of the Property generally located at 200 Northwest 42
Avenue and 4212 Northwest 2 Terrace are zoned "T3-O," Suburban Transect Zone — Open; and
WHEREAS, the eastern portions of the Property generally located at 200 Northwest 42
Avenue and 4212 Northwest 2 Terrace are zoned "T6-8-O," Urban Core Transect Zone — Open;
and
WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately
41,279 square feet (0.947 acres) of land; and
WHEREAS, the Future Land Use Map designations are "Duplex Residential" and
"Restricted Commercial"; and
WHEREAS, the request to rezone from the "T3-O," Suburban Transect Zone — Open,
zoning classification to the "T4-O," General Urban Transect Zone — Open, zoning classification
is inconsistent with the Property's existing future land uses ("FLU") of Duplex Residential,
therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted
as a companion application PZ-22-15773; and
City of Miami Page 1 of 4 File ID: 15440 (Revision: B) Printed On: 7/28/2025
File ID: 15440 Enactment Number: 14271
WHEREAS, the property is currently developed with a General Commercial Use
constructed in 1974 and is bordered by Duplex, Office, and General Commercial uses; and
WHEREAS, the Property is bounded by Northwest 3 Street to the north, Northwest 2
Street to the south, Northwest 42 Avenue to the east and Two -Family Housing to the west); and
WHEREAS, the Property is located in a portion of the Flagami neighborhood where
there are a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the property was zoned "C-1," General Commercial Transect Zone, and "R-
2," Two -Family Residential Transect Zone, under the previous 11000 Zoning Code, which
permitted 150 and 18 dwelling units per acre respectively; and
WHEREAS, the property was developed in the 1970s; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, zoning
classification would result in higher intensity and taller development; and
WHERAS, the proposed "T6-8-L," Urban Core Transect Zone — Limited, zoning
classification would not result in higher intensity and taller development; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, zoning
classification is consistent with Miami Comprehensive Neighborhood Plan ("MCNP") Policy
1.3.15 because it would help create opportunities for housing and employment; and
WHEREAS, the proposed "T6-8-L," Urban Core Transect Zone — Limited, zoning
classification would not be consistent with MCNP Policy 1.3.15 because it would disrupt the
current development pattern along the commercial corridor; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, zoning
classification would be consistent with Policy TR 1.1.5 because it would help incentivize
development near transit corridors; and
WHEREAS, the proposed "T6-8-L," Urban Core Transect Zone — Limited, zoning
classification would not be consistent with MCNP Policy TR 1.1.5 because it would create
inconsistent zoning without contributing to potential development; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, zoning
classification would be consistent with Policy LU 1.1.7 as it would allow a more viable mixed -use
neighborhood; and
WHEREAS, the proposed "T6-8-L," Urban Core Transect Zone — Limited, zoning
classification would not be consistent with MCNP Policy LU 1.1.7 as it would not have a
significant effect; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, zoning
classification is consistent with the City of Miami Neighborhood Comprehensive (MCNP), which
makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f1(b) of
the Miami 21 Code; and
City of Miami Page 2 of 4 File ID: 15440 (Revision: B) Printed on: 7/28/2025
File ID: 15440 Enactment Number: 14271
WHEREAS, there have been changing conditions to the Miami 21 Atlas in the form of a
significant population increase in the Property's census tract, deeming the changes necessary
and consistent with Article 7, Section 7.1.2.8.f1(b) of the Miami 21 Code; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, zoning
classification is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code in that it
provides a proper transition in intensity and Building Height; and
WHEREAS, the proposed "T6-8-L," Urban Core Transect Zone — Limited, zoning
classification is inconsistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code in that it
creates an irregular zoning pattern and interrupts the transition in intensity and Building Height
as seen along the commercial corridor; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, zoning
classification can be deemed appropriate in light of the intent of the Miami 21 Code; and
WHERAS, the proposed "T6-8-L," Urban Core Transect Zone — Limited, zoning
classification can be deemed appropriate in light of the intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends Approval of the proposed change in
zoning classification from "T3-O," Suburban Transect Zone — Open, zoning classification to the
"T4-O," General Urban Transect Zone — Open; and
WHEREAS, the Planning Department recommends Denial of the proposed change in
zoning classification from "T6-8-O," Urban Core Transect Zone — Open, to "T6-8-L," Urban Core
Transect Zone — Limited; and
WHEREAS, on February 7, 2024, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for rezoning, item PZAB.13, and
adopted Resolution No. PZAB-R-24-010, recommending approval, by a vote of nine to zero (9-
0); and
WHEREAS, at the March 14, 2024, City Commission meeting the Applicant requested
that the portion of the application requesting a zoning change from "T6-8-O," Urban Core
Transect Zone — Open, to "T6-8-L," Urban Core Transect Zone — Limited, for the portion of the
Property located at 248 Northwest 42 Avenue and the eastern portions of the Property generally
located at 200 Northwest 42 Avenue and 4212 Northwest 2 Terrace be denied; and
WHEREAS, the City Commission has considered the Applicant's justification as well as
the Planning Department 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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.
City of Miami Page 3 of 4 File ID: 15440 (Revision: B) Printed on: 7/28/2025
File ID: 15440 Enactment Number: 14271
Section 2. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the
zoning classification from "T3-O," Suburban Transect Zone — Open, to "T4-O," General Urban
Transect Zone — Open, for the western portions of the Property generally located at 200
Northwest 42 Avenue and 4212 Northwest 2 Terrace Miami, Florida, as more particularly
described in "Exhibit A," 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 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:
g Wy j ng III, C y tor y 6/14/2024
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 4 of 4 File ID: 15440 (Revision: B) Printed on: 7/28/2025