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HomeMy WebLinkAboutO-14419City of Miami Ordinance 14419 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18130 Final Action Date: 11/20/2025 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-L," URBAN CENTER TRANSECT ZONE — LIMITED, TO "T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, OF THE PROPERTY GENERALLY LOCATED AT 1501 NORTHWEST 37 STREET, 1521 NORTHWEST 37 STREET, AND 1535 NORTHWEST 37 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") submitted a request to the City of Miami ("City") 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-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open, for the property located at 1501 Northwest 37 Street, 1521 Northwest 37 Street, and 1535 Northwest 37 Street, as more particularly described in the attached and incorporated Exhibit "A" (collectively, "Property"); and WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately 60,651 square feet (1.39 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation is "General Commercial"; and WHEREAS, the request to rezone the Property from the "T5-L," Urban Center Transect Zone — Limited, to the "T6-8-O," Urban Core Transect Zone — Open, is consistent with the Property's FLUM of "General Commercial"; therefore, a concurrent Comprehensive Plan Amendment is not required; and WHEREAS, the Property is currently developed with an automotive and marine tow yard and storage use, constructed in 1990, and abuts single-family residential, multi -family residential, and commercial uses; and WHEREAS, the Property is bordered by Northwest 17 Avenue to the west, which has been identified in the Miami Comprehensive Neighborhood Plan ("MCNP") as a major thoroughfare and the location of Miami Jackson Senior High School; and WHEREAS, Northwest 36 Street is in close proximity to the south of the Property, which has a notable commercial corridor and new multi -story multi -family residential developments; and City of Miami Page 1 of 4 File ID: 18130 (Revision:) Printed On: 12/26/2025 File ID: 18130 Enactment Number: 14419 WHEREAS, the Property is located within the Allapattah neighborhood where there are a variety of zoning designations; institutional, industrial, and commercial uses; and a variety of housing types; and WHERAS, the Property is within a Transit Oriented Development ("TOD") Area and Transit Corridor, is a half (1/2) mile away from the Allapattah Metrorail Station, and is a three (3) minute walk to Miami -Dade Bus Routes 17 and 36; and WHEREAS, the Property was zoned "C-2," Liberal Commercial, under the previous 11000 Zoning Code, which permitted commercial, light industrial, and lodging uses as well as the same density as "R-3," Multifamily Medium -Density Residential, zoning designation at a maximum of sixty-five (65) units per net acre; and WHEREAS, the Property has maintained an Auto -Related Industrial Use; more specifically, an automotive and marine storage and tow yard use since at least 1990, which was in existence prior to the City's adoption of the Miami 21 Code; and WHEREAS, the proposed "T6-8-O," Urban Core Transect Zone — Open, classification would result in higher density, intensity, and unlock additional uses; and WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f1(a) of the Miami 21 Code in that the request to rezone from "T5-L," Urban Center Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open, results in a successional zoning change to the next higher Transect Zone; and WHEREAS, this request to rezone the Property is consistent with the Miami Comprehensive Neighborhood Plan ("MCNP") Goal LU-5, Policy LU-5.1.7 intent to "[e]ncourage transit -supportive development patterns that promote walkable, mixed -use neighborhoods that help to increase transit ridership, reduce automobile trips, and provide increased mobility for all people"; and WHEREAS, this request to rezone allows the greatest variety of uses and encourages development up to the highest density and intensity of the "T6-8-O," Urban Core Transect Zone — Open, with proximity to the Miami Dade Bus Routes 17 and 36; and WHEREAS, the Property's close proximity to a Metrorail station promotes a more sustainable and vibrant community that integrates housing, jobs, and commercial services as encouraged within TOD areas; and WHEREAS, the existing development patterns of high density, multi -family residential and commercial uses that are seen to the south and west would be allowed to extend to the Property, further easing reliance on vehicles for commercial services like barbershops, salons, and restaurants, which makes the request consistent with the rezoning criteria of Article 7, Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, there have been changing conditions in the form of three (3) recently developed multi -family residential buildings: 3401 Northwest 17 Avenue, 77 units built in 2016; 1472 Northwest 36 Street, 237 units built in 2024; and 1390 Northwest 36 Street, 271 units built in 2022, and three (3) more currently under construction, all of which are within close proximity to the Property, deeming the changes necessary and consistent with Miami 21 Code, Article 7, Section 7.1.2.8.f.1(b); and City of Miami Page 2 of 4 File ID: 18130 (Revision:) Printed on: 12/26/2025 File ID: 18130 Enactment Number: 14419 WHEREAS, further changing conditions to the Zoning Atlas including a rezone from "T3-O," Sub -Urban Transect Zone — Open, to "T4-R," General Urban Transect Zone — Restricted, less than 1/4 mile north at 1317 Northwest 37 Street, which was adopted by the City Commission in 2024 (Ordinance No. 14287); and WHEREAS, another rezone from "T4-O," General Urban Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, occurred less than 1/4 mile south at 3380 Northwest 17 Avenue, which was adopted in 2010 (Ordinance No. 13216) and resulted in the development of a high -density, multi- family, multi -story residential building; and WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code in that successional change in zoning maintains appropriate transitions in density and intensity by extending the existing "T6-8-O," Urban Core Transect Zone — Open, zoning designation east to the subject Property; and WHEREAS, the request to change the zoning classification from, "T5-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open, is consistent with successional zoning; and WHEREAS, the proposed zoning change aligns with the existing development patterns of high density, multi -family residential and commercial uses that are seen to the south and west of the subject Property; and WHEREAS, under the previous 110000 Zoning Code, the subject Property had a C-2 zoning designation, which was Liberal Commercial; and WHEREAS, Liberal Commercial allowed commercial, light industrial, and high - density residential uses; and WHEREAS, the proposed rezone expands the allowable density, intensity, and uses consistent the with the existing "T6- 8-0," Urban Core Transect Zone — Open, zoning designation to the west of the subject Property; and WHEREAS, the proposed zoning change can be deemed appropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the rezoning application from "T5-L," Urban Center Transect Zone — Limited, to "T6-8-0," Urban Core Transect Zone —Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 8, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R-25- 054 by a vote of five to two (5-2), Item No. PZAB.12, recommending denial of the amendment to the Zoning Atlas of the Miami 21 Code, finding that the proposed change does not maintain the goals of the Miami 21 Code to provide transitions in intensity and building height; and WHEREAS, the City Commission has considered the need and justification of the amendment, including changed or changing conditions; and WHEREAS, the City Commission has considered the goals, objectives, and policies City of Miami Page 3 of 4 File ID: 18130 (Revision:) Printed on: 12/26/2025 File ID: 18130 Enactment Number: 14419 of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission found that the proposed zoning change is appropriate in light of the intent of the Miami 21 Code and pursuant to the criteria therein; and WHEREAS, the City Commission finds that there is competent substantial evidence in the record to approve the amendment to the Zoning Atlas of the Miami 21 Code for the Property as described herein; 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 "T5-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open, for the property generally located at 1501 Northwest 37 Street, 1521 Northwest 37 Street, and 1535 Northwest 37 Street, as more particularly described in the attached and incorporated Exhibit "A". 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.' APPROVED AS TO FORM AND CORRECTNESS: 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: 18130 (Revision:) Printed on: 12/26/2025