HomeMy WebLinkAboutO-14273City of Miami
Ordinance 14273
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15438 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 "T5-O,"
URBAN CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE
TRANSECT ZONE- OPEN, FOR THE PROPERTIES LOCATED 860, 852, 842,
834, AND 826 NORTHWEST 1ST STREET AND FROM "T5-O," URBAN
CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE TRANSECT
ZONE — OPEN, FOR THE NORTHERN FORTY FIVE (45) FEET OF THE
PROPERTY LOCATED AT 821 WEST FLAGLER STREET, MIAMI, FLORIDA,
ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED
AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARILY
PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT
"B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, the parcels generally located at 860, 852 ,842, 834, and 826 Northwest 1
Street, Miami, Florida are zoned "T5-O," Urban Center Transect Zone — Open, on the Zoning
Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code"); and
WHEREAS, the parcel generally located at 821 West Flagler Street is zoned "T5-O,"
Urban Center Transect Zone — Open, and "T6-12-0," Urban Core Transect Zone — Open on the
Zoning Atlas of the Miami 21 Code; and
WHEREAS, Melissa Tapanes, Esquire, on behalf of Brookstone 805 Flagler, LLC,
("Applicant") submitted a request to change the zoning classification of the parcels generally
located at 860, 852 ,842, 834, and 826 Northwest 1 Street, Miami, Florida from "T5-O," Urban
Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone- Open, and from "T5-O,"
Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, for the
northern 45 feet of the property located at 821 West Flagler Street (collectively, "Property"); and
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants, attached and incorporated as Exhibit "B," that proffers that the Applicant shall make
a one-time payment to the City for the improvement of public parks in District 3, the boundaries
as of January 1, 2024, of the City in the amount of one million nine hundred thousand dollars
($1,900,000.00) within thirty (30) days after issuance of an Exception, Waiver, or Zoning
approval during Building Permit; and in any event, payment must be made prior to the City's
issuance of a Building Permit for the Project; and
City of Miami Page 1 of 4 File ID: 15438 (Revision: B) Printed On: 7/28/2025
File ID: 15438 Enactment Number: 14273
WHEREAS, the Property is an assemblage of six (6) parcels totaling approximately
47,000 square feet (1.078 acres) of land; and
WHEREAS, the Future Land Use Map designations are "Medium Density Restricted
Commercial" and "Restricted Commercial"; and
WHEREAS, the request to change the zoning classification is inconsistent with the
Property's existing future land uses ("FLU") of Medium Density Restricted Commercial,
therefore, a concurrent Comprehensive Plan Amendment has been submitted as companion
application PZ-23-16911; and
WHEREAS, five (5) parcels of the Property are vacant and one (1) is developed as a
Single Family Residence; and
WHEREAS, the Property is bordered by Sales and Services, vacant lots, Duplex
Residential, and Single Family Residential uses; and
WHEREAS, the Property is bounded by Northwest 1 Street to the north, West Flagler
Street to the south, and residential parcels to the east and west; and
WHEREAS, Property is surrounded by a variety of zoning designations, Commercial
uses, and housing types; and
WHEREAS, the Property was zoned R-3 and C-1 under the previous 11000 Zoning
Code, which permitted 65 and 150 dwelling units per acre, respectively; and
WHEREAS, the Single Family Residence on the Property was built in 1915; and
WHEREAS, the parcels located at 860, 852 ,842, 834, and 826 Northwest 1 Street, and
the northern 45 feet of the parcel located at 821 West Flagler Street, Miami, Florida were
rezoned from "T4-R," General Urban Transect Zone Restricted, to "T5-O," Urban Center
Transect Zone — Open, per Ordinance 13738; and
WHEREAS, the Planning Department recommends denial of the request to change the
zoning classification from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core
Transect Zone- Open, for the properties located 860, 852 ,842, 834, 826 Northwest 1st Street
and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone
— Open, for the northern 45 feet of the property located at 821 West Flagler Street; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants,
attached and incorporated as Exhibit "B," does not affect the Planning Department's
recommendation or analysis; 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.15, and
passed PZAB-R-24-006, recommending approval, by a vote of nine to zero (9-0); and
WHEREAS, an Amended and Restated Declaration of Restrictive Covenants from in
favor of the City was previously voluntarily proffered and recorded on the Property on June 28,
2018 in Official Records Book 31033 Page 4460 of the Public Records of Miami -Dade County,
Florida, which included a restriction of uses, required a unified development with adjacent
properties, and required an affordable housing contribution ("2018 Covenant"); and
City of Miami Page 2 of 4 File ID: 15438 (Revision: B) Printed on: 7/28/2025
File ID: 15438 Enactment Number: 14273
WHEREAS, as stated during the second reading City Commission hearing on this
rezoning application that occurred on April 25, 2024, it is contemplated that the 2018 Covenant
will be released administratively according to its terms and that the Covenant currently being
voluntarily proffered as a part of this rezoning application is intended to replace the previous
2018 Covenant; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
propose change necessary; 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 proposed 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 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.
Section 2. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning
classification from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core
Transect Zone — Open, for the properties located 860, 852 ,842, 834, 826 Northwest 1st Street
and from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone
— Open, for the northern 45 feet of the property located at 821 West Flagler Street, all as more
particularly described in "Exhibit A," attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered Declaration of
Restrictive Covenants, attached and incorporated as Exhibit "B," to be recorded in the official
records of Miami -Dade County, Florida.
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.'
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: 15438 (Revision: B) Printed on: 7/28/2025
File ID: 15438 Enactment Number: 14273
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C1ty ttor' -y 6/14/2024
City of Miami Page 4 of 4 File ID: 15438 (Revision: B) Printed on: 7/28/2025