Loading...
HomeMy WebLinkAboutO-14335City of Miami Ordinance 14335 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16650 Final Action Date: 11/21/2024 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-R," URBAN CENTER TRANSECT ZONE - RESTRICTED, TO "T6-8-L," URBAN CORE TRANSECT ZONE - LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 625, 645, 675, 685, 650, 640, 630, AND 626 NORTHEAST 64 TERRACE, AND 635, 645, 655, 669, AND 685 NORTHEAST 64 STREET, AND FROM "T5-R," URBAN CENTER TRANSECT ZONE - RESTRICTED, AND "T6- 8-0," URBAN CORE TRANSECT ZONE - OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE - LIMITED, AND "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, FOR THE PROPERTY LOCATED AT 610 NORTHEAST 64 TERRACE, AND FROM "T5-R," URBAN CENTER TRANSECT ZONE - RESTRICTED, AND "T6-8-O," URBAN CORE TRANSECT ZONE -OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE - LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 629 NORTHEAST 64 STREET, MIAMI, FLORIDA, 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. WHEREAS, Melissa Tapanes Llahues, Esquire, on behalf of Mimo Bay Apartments II, LLC ("Applicant"), submitted a request to change the zoning classification on the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code"), from "T5-R," Urban Center Transect Zone - Restricted, to "T6-8-L," Urban Core Transect Zone - Limited, for the properties generally located at 625, 645, 675, 685, 650, 640, 630, and 626 Northeast 64 Terrace, and 635, 645, 655, 669, and 685 Northeast 64 Street, and from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone - Open, to "T6-8-L" Urban Core Transect Zone - Limited, and "T6-8-O," Urban Core Transect Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone -Open, to "T6-8-L," Urban Core Transect Zone - Limited, for the property generally located at 629 Northeast 64 Street, all as described in the attached and incorporated Exhibit "A" (collectively, the "Property"), Miami, Florida; and WHEREAS, the Property is an assemblage of 15 parcels totaling approximately 112,368 square feet (2.579 acres) of land; and WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive Covenants, attached and incorporated hereto as Exhibit "B"; and City of Miami Page 1 of 4 File ID: 16650 (Revision: A) Printed On: 8/8/2025 File ID: 16650 Enactment Number: 14335 WHEREAS, the Future Land Use Map ("FLUM") designation on the Miami Comprehensive Neighborhood Plan ("MCNP") is "Medium Density Multifamily Residential" for the properties generally located at 625, 645, 675, 685, 650, 640, 630, 626, the eastern portion (Arlington Subdivision Lot 7) of 610 Northeast 64 Terrace, the eastern portion of 629 Northeast 64 Street, and 635, 645, 655, 669, and 685 Northeast Street; and WHEREAS, the request to change the zoning classification from "T5-R," Urban Center Transect Zone - Restricted, to "T6-8-L," Urban Core Transect Zone - Limited, is inconsistent with the existing future land uses ("FLU") of "Medium Density Multifamily Residential," therefore, a concurrent Comprehensive Plan Amendment is required; and WHEREAS, the request to change the FLUM from "Medium Density Multifamily Residential" to "Restricted Commercial" is being processed concurrently (PZ-23-16881); and WHEREAS, the Property is located in the Upper Eastside neighborhood where there are a variety of zoning classifications and Uses, including Residential, Lodging, Commercial, Civic Support and Educational Uses; and WHEREAS, the Property is bounded by Legion Park to the north, Northeast 7 Avenue to the east, Northeast 64 Street to the south, and parcels within the Miami Modern / Biscayne Boulevard Historic District ("MiMo") to the west; and WHEREAS, the eastern portion (Arlington Subdivision Lot 7) of 610 Northeast 64 Terrace and an approximately 18-foot-wide strip along the western edge of 629 Northeast 64 Terrace and is located within MiMo; and WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants does not affect the Planning Department's recommendation or analysis; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the zoning change is deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends denial of the change in the zoning classification from "T5-R," Urban Center Transect Zone - Restricted, to "T6-8-L," Urban Core Transect Zone - Limited, for the properties generally located at 625, 645, 675, 685, 650, 640, 630, and 626 Northeast 64 Terrace and 635, 645, 655, 669, and 685 Northeast 64 Street, from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone - Open, to "T6-8-L," Urban Core Transect Zone - Limited, and "T6-8-O," Urban Core Transect Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone -Open, to "T6-8-L," Urban Core Transect Zone - Limited, for the property generally located at 629 Northeast 64 Street; and City of Miami Page 2 of 4 File ID: 16650 (Revision: A) Printed on: 8/8/2025 File ID: 16650 Enactment Number: 14335 WHEREAS, alternatively the Planning Department recommends the change in the zoning classification from "T5-R," Urban Center Transect Zone - Restricted, to "T5-O," Urban Center Transect Zone - Open, for the properties generally located at 625, 645, 675, 685, 650, 640, 630, and 626 Northeast 64 Terrace and 635, 645, 655, 669, and 685 Northeast 64 Street, from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone - Open, to "T5-O," Urban Center Transect Zone - Open, and "T6-8-O," Urban Core Transect Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone -Open, to "T5-O," Urban Center Transect Zone - Open, and "T6-8-O," Urban Core Transect Zone -Open for the property generally located at 629 Northeast 64 Street; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 4, 2024, following an advertised public hearing, adopted Resolution No.24-057 by a vote of five to two (5-2), Item No. PZAB.8, recommending approval of the zoning change; and WHEREAS, the Applicant shall fulfill all necessary requirements to effectuate this Ordinance within 30 days from the adoption of this Ordinance; 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 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 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 City Commission approves the request to amend the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, ("Miami 21 Code") by changing the zoning classification from "T5-R," Urban Center Transect Zone - Restricted, to "T6-8-L," Urban Core Transect Zone - Limited, for the properties generally located at 625, 645, 675, 685, 650, 640, 630, And 626 Northeast 64 Terrace, and 635, 645, 655, 669, and 685 Northeast 64 Street, from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8- 0," Urban Core Transect Zone - Open, to "T6-8-L," Urban Core Transect Zone - Limited, and "T6-8-O," Urban Core Transect Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone - Open, to "T6-8-L," Urban Core Transect Zone - Limited, for the property generally located at 629 Northeast 64 Street, Miami, Florida, as 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." City of Miami Page 3 of 4 File ID: 16650 (Revision: A) Printed on: 8/8/2025 File ID: 16650 Enactment Number: 14335 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: rge Wy j ng III, City ttor ~y 2/24/2025 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: 16650 (Revision: A) Printed on: 8/8/2025