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Title: 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 "73-R," SUB -URBAN TRANSECT -
RESTRICTED, AND 73-L," SUB -URBAN TRANSECT - LIMITED, TO
74-R," GENERAL URBAN TRANSECT - RESTRICTED, FOR
APPROXIMATELY 4.9 ACRES OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645,
1665, 1675 AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007,
1015 AND 1111 NORTHWEST 17 COURT, AND A PORTION OF 1389
NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY
PROFFERED COVENANTS; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675 and 1701 NW South
River Dr, 1001, 1007, 1015 and 1111 NW 17 Ct, and a portion of 1389 NW 7 St [Commissioner
Wifredo "Willy" Gort - District 1 and Commissioner Joe Carollo — District 3]
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami
PURPOSE: This will change the above properties from 73-R" Sub -Urban Transect — Restricted
and 73-L" Sub -Urban Transect - Limited to 74-R" General Urban Transect — Restricted.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, on June 5, 2019, by a
vote of 5 -2.
City of Miami File ID: 6113 (Revision:) Printed On: 11/20/2019
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
.; Ordinance www.miamigov.com
Enactment Number:13869
File Number: 6113 Final Action Date: 10/24/2019
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 "73-R," SUB -URBAN TRANSECT -
RESTRICTED, AND 73-L," SUB -URBAN TRANSECT — LIMITED, TO 74-
R," GENERAL URBAN TRANSECT — RESTRICTED, FOR
APPROXIMATELY 4.9 ACRES OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665,
1675 AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007, 1015
AND 1111 NORTHWEST 17 COURT, AND A PORTION OF 1389
NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY
PROFFERED COVENANTS; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 1459, 1491, 1501, 1603, 1611,
1631, 1645, 1665, 1675, and 1701 Northwest South River Drive, 1001, 1007, 1015, and 1111
Northwest 17 Court, and a portion of 1389 Northwest 7 Street, Miami, Florida are currently
zoned 73-L," Sub -Urban Transect Zone — Limited; and
WHEREAS, the properties located at approximately 1465 Northwest South River Drive,
a portion of 1459 Northwest South River Drive, and a portion of 1389 Northwest 7 Street are
currently zoned 73-R," Sub -Urban Transect Zone — Restricted;
WHEREAS, all of the above -reference properties are hereinafter collectively referred to
as "Properties"; and
WHEREAS, the City of Miami ("City") has submitted a request to change the zoning
classification for all of the Properties to 74-R," General Urban Transect Zone — Restricted; and
WHEREAS, the context of the neighborhood primarily comprises single-family
residences with the zoning classification of 73-L" and 73-R," Sub -Urban Transect Zone,
except for three (3) Lots currently zoned 74-R," General Urban Transect Zone - Restricted; and
WHEREAS, the three (3) Lots zoned 74-R," General Urban Transect Zone - Restricted,
mentioned above are generally located at 1515, 1529, and 1543 Northwest South River Drive,
encompassing approximately 1.77 acres of land situated east of Northwest 16 Avenue, south of
the Miami River, and north of Northwest South River Drive that are in the middle of the Lots
proposed for rezoning; and
City of Miami File ID: 6113 (Revision:) Printed On: 11/20/2019
WHEREAS, the property owners that sought the rezoning of the three (3) Lots,
voluntarily proffered a Declaration of Restrictive Covenants with their applications, which
proffered a publicly accessible Riverwalk, the replacement of the adjacent public seawall, and
public space improvements adjacent to that property owners' properties generally located along
Northwest 16 Avenue; and
WHEREAS, the change of zoning classification request of the three (3) Lots from 73-L,'
Sub -Urban Transect Zone — Limited, to 74-R," General Urban Transect Zone — Restricted, was
reviewed by the Planning, Zoning, and Appeals Board ("PZAB") at its November 1, 2017
meeting and unanimously recommended for denial; and
WHEREAS, at its March 22, 2018 meeting, the City Commission voted unanimously to
adopt the amendment of the Future Land Use Map ("FLUM") of the Miami Comprehensive
Neighborhood Plan ("MCNP") by changing the FLUM designation from "Single -Family
Residential" to "Low Density Multifamily Residential" and unanimously adopted a change of
zoning classification from 73-L," Sub -Urban Transect Zone — Limited, to 74-R," General Urban
Transect Zone — Restricted, for the three (3) Lots generally located at 1515, 1529, and 1543
Northwest South River Drive with modifications; and
WHEREAS, the Commission also "directed the City of Miami's Planning Department's
staff to conduct a study of the subject property for change of zone area to determine whether an
up zoning of the area is appropriate to match the change of zoning request before the City
Commission;" and
WHEREAS, on March 21, 2018, the City's Planning Department conducted a public
workshop at Jose Marti Park to discuss the merits and disadvantages of rezoning the balance of
the riverfront properties to 74-R," General Urban Transect Zone — Restricted, to match the
adopted rezoning of 1515, 1529, and 1543 Northwest South River Drive; and
WHEREAS, the owners of the Properties expressed their desire to have their property
rezoned to 74-R," General Urban Transect Zone — Restricted, to match the previously adopted
MCNP FLUM amendment of "Low Density Multifamily Residential" and change of zoning
classification to 74-R," General Urban Transect Zone - Restricted; and
WHEREAS, based on the Planning Department's study of the area and residents
unwavering desire to have the subject properties match the adopted change, the City initiated
an application to amend the 2020 FLUM of the MCNP to "Low Density Multifamily Residential"
and rezone the area to 74-R," General Urban Transect Zone — Restricted; and
WHEREAS, the subject zoning change consists of sixteen (16) parcels totaling
approximately 4.9 acres within the Little Havana Neighborhood Enhancement Team ("NET")
area; and
WHEREAS, the Planning Department, after its analysis of the request, recommends
approval for the proposed zoning change; and
WHEREAS, the request complies with the requirement of Section 7.1.2.8(c)(1) of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"), as the proposal contains 173,942 square feet of land; and
WHEREAS, the rezoning, as requested, matches with the successional zoning table of
Section 7.1.2.8(a)(2) of the Miami 21 Code and consequently complies with Section 7.1.2.8(f)(2)
of the Miami 21 Code; and
City of Miami File ID: 6113 (Revision:) Printed On: 11/20/2019
WHEREAS, the request is transitional and establishes uniformity in density and intensity
within the neighborhood context; and
WHEREAS, the requested rezoning represents continuity of density and intensity in the
area and promotes development in scale with the area that will not adversely impact the
characteristic of the area; and
WHEREAS, the proposed rezoning constitutes an increase in density and intensity
within the area, which aligns with recent rezoning of the area; and
WHEREAS, the Miami River Commission ("MRC') has reviewed the proposed rezoning
and conditioned its recommendation of approval on the creation of the Riverwalk on the affected
Properties along Northwest South River Drive; and
WHEREAS, affected property owners along Northwest South River Drive have
voluntarily proffered a Declaration of Restrictive Covenants ("Covenant") that would require the
development of a complete, publicly accessible Riverwalk, within the Waterfront Setback
prescribed for 74-R," General Urban Transect Zone — Restricted, upon the redevelopment of
the Properties utilizing land development entitlements above those prescribed for 73-L," Sub -
Urban Transect Zone - Limited; and
WHEREAS, the Riverwalk proposed through the Covenant would conform to the design
standards in Appendix B of the Miami 21 Code and the Waterfront Setback requirements
prescribed for 74-R," General Urban Transect Zone — Restricted, and would be open to the
public from the hours of 6:00 am to 10:00 pm pursuant to the Miami 21 Code; and
WHEREAS, the proposed Covenant is attached and incorporated herein as Exhibit "B";
and
WHEREAS, the PZAB, at its meeting on June 5, 2019, following an advertised public
hearing, adopted Resolution No. PZAB-R-19-024 by a vote of five to two (5-2), Item No.
PZAB.5, recommending approval of the rezoning; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed rezoning, including changing and changed conditions that make the passage of the
propose rezoning necessary; and
WHEREAS, the requested rezoning from 73-R," Sub -Urban Transect Zone —
Restricted, and 73-L," Sub -Urban Transect Zone — Limited, to 74-R," General Urban Transect
Zone — Restricted, is consistent with the prevailing residential zoning and the character of the
area; and
WHEREAS, the proposed rezoning 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.
City of Miami File ID: 6113 (Revision:) Printed On: 11/20/2019
Section 2. The City Commission approves the amendment to the Zoning Atlas of the
Miami 21 Code by changing the zoning classification from 73-R," Sub -Urban Transect Zone —
Restricted, and 73-L," Sub -Urban Transect Zone — Limited, to 74-R," General Urban Transect
Zone — Restricted, for the Properties, as more particularly described in Exhibit "A," attached and
incorporated.
Section 3. The City Commission accepts the Covenants voluntarily proffered by the
owners of the Properties.
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
1
41- dez, City ttorney 7/1112019
' 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 File ID: 6113 (Revision:) Printed On: 11/20/2019