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HomeMy WebLinkAboutO-14342City of Miami Ordinance 14342 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16824 Final Action Date: 12/12/2024 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 "T6-24A-O," URBAN CORE TRANSECT ZONE — OPEN, TO "T6-24B-O," URBAN CORE TRANSECT ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 1317 NORTH MIAMI AVENUE AND 1353 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 1317 North Miami Avenue and 1353 North Miami Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A" ("Property") is zoned "T6-24A-O," Urban Core 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 Property is bounded by Northeast 14 Street to the north, Northeast 13 Street to the south, North Miami Avenue to the east, and Northeast Miami Court to the west; and WHEREAS, Nicole S. Wolfe, Esquire, on behalf of Elevate 13th St. Holdings, LLC and Elevate 13th St, LLC (collectively, "Applicant"), submitted a request to the City of Miami ("City") to change the zoning classification of the Property from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open"; and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 21,468 square feet (0.49 acres) of land; WHEREAS, the Future Land Use Map ("FLUM") designation is General Commercial; and WHEREAS, the Property was zoned "C-2" — Liberal under the previous 11000 Zoning Code, which permitted 65 dwelling units per acre; and WHEREAS, the proposed change to the zoning classification from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open, does not result in a change to the Density, Intensity, or Uses; and WHEREAS, the request to rezone the Property from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open, is consistent with the Property's existing future land uses ("FLU") of General Commercial; therefore, a concurrent Comprehensive Plan Amendment is not required; and City of Miami Page 1 of 3 File ID: 16824 (Revision:) Printed On: 8/11/2025 File ID: 16824 Enactment Number: 14342 WHEREAS, the Property is currently developed with commercial buildings constructed between circa 1937 - 1948 and is bordered by Commercial and Industrial uses; and WHEREAS, Property is located in a portion of the Downtown-Brickell neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Applicant seeks to transform the Property into a pedestrian -oriented, mixed -use redevelopment project ("Redevelopment Project"); and WHEREAS, the requested rezoning would increase the allowable Floor Area by increasing the Floor Lot Ratio ("FLR"); and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code in that this request to rezone the Property is consistent with the Miami Comprehensive Neighborhood Plan ("MCNP") Land Use Element, Goal LU-3 and the Transportation Element, Policy TR-1.1.5, which makes the request consistent with the rezoning criteria of Article7, Section 7.1.2.8.f. 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 in that there have been changing conditions to the Miami 21 Code Zoning Atlas in the form of six (6) adopted rezonings and two (2) recently passed transit -oriented Ordinances (13565 and 14065), deeming the changes necessary and 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 that a change may be made only to the next intensity Transect Zone and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the proposed zoning change is deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the City's Planning Department recommends approval of the rezoning application from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open"; and WHEREAS, on October 30, 2024, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the rezoning application, item PZAB.14, and passed PZAB-R-24-079, recommending approval, by a vote of eight to zero (8-0); 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, consideration has been given to the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to approve this amendment to the Miami 21 Code Zoning Atlas, as hereinafter set forth; City of Miami Page 2 of 3 File ID: 16824 (Revision:) Printed on: 8/11/2025 File ID: 16824 Enactment Number: 14342 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 hereby amended by changing the zoning classification from "T6-24A-O," Urban Core Transect Zone — Open, to "T6-24B-O," Urban Core Transect Zone — Open," for the Property, as 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 ten (10) days after approval at second reading. I APPROVED AS TO FORM AND CORRECTNESS: rge Wy ng III, C ty ttor -y 11/12/2024 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 3 of 3 File ID: 16824 (Revision:) Printed on: 8/11/2025