HomeMy WebLinkAboutOrdinanceCity of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14676 Final Action Date: 6/27/2024
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, BY CHANGING THE ZONING CLASSIFICATION FROM "T3- 0,"
SUB -URBAN ZONE — OPEN, TO "CS," CIVIC SPACE ZONE, OF THE
PROPERTY GENERALLY LOCATED AT 171 NORTHEAST 42 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE PUBLIC
ACCESS EASEMENT AND MAINTENANCE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED
AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on ,
following an advertised public hearing, adopted Resolution No. PZAB-R-=
by a vote of to ( - ), Item No. PZAB. , recommending
of the Zoning Change; and
WHEREAS, the property located at 171 Northeast 42 Street, Miami, Florida, as more
particularly described in Exhibit "A," attached and incorporated ("Property"), is zoned "T3-O,"
Sub -Urban Transect Zone — Open, on the Zoning Atlas of Ordinance No. 13114, the Zoning
Atlas of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, Arthur Noriega, City Manager, ("Applicant") applied to the City of Miami
("City") to change the zoning classification of the Property from "T3-O," Sub -Urban Transect
Zone —Open, to "CS," Civic Space Transect Zone; and
WHEREAS, Design District Plex, LLC ("Owner") owns the Property; and
WHEREAS, Owner requested the change and voluntarily proffered a public access
easement as described herein; and
WHEREAS, the Property is one (1) parcel of approximately 5,000 square feet (0.11
acres) of land; and
WHEREAS, the current Future Land Use Map ("FLUM") designation is "Medium Density
Multifamily Residential"; and
WHEREAS, the request to rezone the from "T3-O," Sub -Urban Transect Zone, to "CS,"
Civic Space Transect Zone, is inconsistent with the Property's existing Future Land Uses
("FLU") of "Medium Density Multifamily Residential," and therefore, a concurrent
City of Miami Page 1 of 4 File ID: 14676 (Revision:) Printed On: 7/31/2025
File ID: 14676 Enactment Number:
Comprehensive Plan Amendment is required and has been submitted as a companion
application PZ-23-16861; and
WHEREAS, the Property is currently developed with a one-story building, constructed in
1961, and is bordered by Residential and Commercial Uses; and
WHEREAS, the Property is bounded by abutting property 168 Northeast 43 Street to the
north, Northeast 42 Street to the south, abutting property 4218 Northeast 2 Avenue to the east
and abutting property 161 Northeast 42 Street to the west; and
WHEREAS, the Property is located in a portion of the historic Buena Vista East
neighborhood where there are a variety of zoning designations, Commercial Uses, and housing
types; and
WHEREAS, the Property was zoned "R-3," Multifamily Medium -Density Residential,
under the previous 11000 Zoning Code; and
WHEREAS, the proposed rezoning will allow for the development and operation of the
Property as a public mini -park ("Mini -Park"), in perpetuity; and
WHEREAS, the Property Owner intends to develop the Property with a park on the
ground level surface of the Property and a below -grade private parking garage containing a
vehicular entrance ramp into the Parking Garage from Northeast 42 Street, as shown on the
conceptual plans labeled as Exhibit "C," attached and incorporated; and
WHEREAS, the Owner seeks to grant a perpetual, non-exclusive easement in favor of
the City in, upon, and through the area of the Property located on the ground surface level of the
Property in a form acceptable to the City Attorney, a draft of which is attached and incorporated
as Exhibit "B," while retaining perpetual exclusive rights to the Entrance Ramp, the Parking
Garage, and all other below grade areas and subterranean rights in the Property; and
WHEREAS, the proposed "CS," Civic Space Transect Zone, classification eliminates
Density and substantially limits Intensity and allowable Uses as described in the attached Staff
Report; and
WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of the
Miami 21 Code in that the proposed future land use designation of Commercial Recreation is
consistent with "CS," Civic Space Transect Zone, according to the Miami Comprehensive
Neighborhood Plan's ("MCNP") Correspondence Table; and
WHEREAS, this request to rezone the Property is consistent with the MCNP Goal LU-1,
which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami
21; and
WHEREAS, this request to rezone the Property is consistent with the MCNP Goal PR-1 -
intent to provide sufficient opportunities for active and passive recreation to all City residents
based on access to parks, recreation and open space, per capita park funding, and regular
surveys of residents on park and recreation needs, which also makes the request consistent
with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code; and
City of Miami Page 2 of 4 File ID: 14676 (Revision:) Printed on: 7/31/2025
File ID: 14676 Enactment Number:
WHEREAS, the Planning Department recommended approval of the rezoning of the
Property from "T3-O," Sub -Urban Transect Zone — Open, to "CS," Civic Space Transect Zone;
and
WHEREAS, this rezoning maintains the goals of the Miami 21 Code to preserve
Neighborhoods and to provide transitions in intensity and Building Height; and
WHEREAS, the Property Owner will submit and record the voluntary public access
easement described herein within ninety (90) days from the adoption of this rezoning ordinance
by the City Commission; 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, City Commission has considered the need and justification for the proposed
change, including changing and changed conditions that make the passage of the proposed
change necessary; and
WHEREAS, City Commission has considered the Planning Department's
recommendation; and
WHEREAS, City Commission, after careful consideration of this matter, deems it
advisable and in the best interest and general welfare of the City and its inhabitants to approve
this rezoning as hereinafter set forth;
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 Zoning Atlas of Miami 21 Code is hereby amended by changing the
zoning classification from "T3-O," Sub -Urban Transect Zone —Open, to "CS," Civic Space
Transect Zone, for the Property generally located at 171 Northeast 42 Street, Miami, Florida, as
described in "Exhibit A," attached and incorporated.
Section 3. The Public Access Easement and Maintenance Agreement voluntarily
proffered by the Owner is accepted and, as such, the City Manager is authorized1 to negotiate
and execute same, in a form acceptable to the City Attorney, a draft of which is attached and
incorporated as Exhibit "B".
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.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 3 of 4 File ID: 14676 (Revision:) Printed on: 7/31/2025
File ID: 14676 Enactment Number:
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.2
APPROVED AS TO FORM AND CORRECTNESS:
2 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: 14676 (Revision:) Printed on: 7/31/2025