PZ.1 - Rezone Nw 1 Place Property

WHEREAS, the property is generally located at 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, and 1235 Northwest 1st Place; 132, 139, and 145 Northwest 12th Street; 140 Northwest 13th Street; and 1118, 1126, 1134, 1142, 1212, 1218, 1228, and 1238 Northwest 1st Court, Miami, Florida, and is currently zoned “T5-L,” Urban Center Transect Zone-Limited”; and

WHEREAS, the applicants, RNG Overtown LLC, Ring Equity Properties, LLC, New Overtown Equity Properties, LLC, Gibson Cove Properties LLC, F. S. H.Holdings LLC, 13TH Street Corporation, Fernando J Lopez & Beatriz Lopez, Newman Equity Properties, LLC, and Ring Equity Special Projects LLC (collectively, “Applicant”) have submitted a request to change the zoning classification from “T5-L”Urban Center Transect Zone-Limited, to “T6-8-O” Urban Core Transect Zone – Open, for the properties located at 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229; 1235 Northwest 1st Place; 132, 139; 145 Northwest 12th Street; 140 Northwest 13th Street; 1118, 1126, 1134, 1142, 1212, 1218, 1228; and, 1238 Northwest 1st Court (collectively the “Property”); and

WHEREAS, the Property is an assemblage of 23 parcels totaling approximately 118,431 square feet (±2.72 acres) of land; and

WHEREAS, the Propertyis two of only four blocks within the UCBD that are zoned “T5-L”; and

WHEREAS, the Future Land Use Map (“FLUM”) designation is Restricted Commercial; and

WHEREAS, the request to rezone the Property from “T5-L” Urban Center Transect Zone, to “T6-8-O”Urban Core Transect Zone, is consistent with the Property’s existing future land uses (“FLU”) of Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment is not required; and

WHEREAS, the Property is currently developed with multi-family residences, constructed between 1933 and 1958, and is bordered by multi-family uses or vacant properties; and

WHEREAS, the Property is bounded by Northwest 13th Street to the north, Northwest 11th Terrace to the south, Northwest 1st Court to the east, and Northwest 1st Place to the west; and

WHEREAS, the Property is located in a portion of the Overtown neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and

WHEREAS, the property was zoned “R-3” under the previous Zoning Code, Ordinance No. 11000, which permitted sixty-five (65) dwelling units per acre and has the same density as the “T5-L” Transect Zone; and

WHEREAS, the requested change in zoning for the Property would not result in a change in Density as the existing Transect Zone already matches the maximum Density allowed by the underlying FLUM; and

WHEREAS, there are several innovative policies under the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”) which afford applicants increases in Density, Height, and Floor Lot Ratio (“FLR”) above what is permitted in the underlying transect zone for projects located within a Transit Oriented Development (“TOD”) area; and

WHEREAS, the Miami 21 Code encourages development bonuses in TODs to alleviate the crisis in affordable housing that is affecting the residents of Miami and to encourage development near transit; and

WHEREAS, the Property lies within a TOD, which thereby qualifies itto participate in the Historic Preservation Transfer of Development Density program, Public Benefits Program, and the Affordable and Attainable Mixed Income Public Benefits Program; and

WHEREAS, two Public Benefits programs, namely Affordable Housing Special Benefit Program pursuant to Article 3, Section 3.15 and Historic Preservation Transfer of Development Density pursuant to Article 4, Diagram 11 of the Miami 21 Code and Chapter 23, Section 23-6 of the Code of Ordinances of the City of Miami, Florida, as amended (“City Code”), are currently available to the Applicant without going through the rezone process; and

WHEREAS, the proposed “T6-8-O” Urban Core Transect Zone-Open, classification will result in more commercial uses, higher intensity, and taller development; and

WHEREAS, the request to rezone the Property to “T6-8-O” furthers the intent of transit-oriented development and will allow the application to benefit from the Public Benefit programs that are available to properties zoned “T6-8”; however, the predominant development pattern adjacent to the Property is “T6-8-L” to the north and south and “T5-L” to the west; and.

WHEREAS, the request to rezone the Property to “T6-8-O” will allow development Height and FLR that is more compatible with the existing context, but introduces the potential for a development comprised entirely of office and commercial uses adjacent to properties zoned primarily for residential; and

WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1.a of the Miami 21 Code in that it meets the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan (“MCNP”); and

WHEREAS, this request to Rezone the Property is consistent with the MCNP Goal LU-4 with the intent of incentivizing sustainable, affordable housing solutions while continually improving the quality of life for all who live in the City of Miami which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and

WHEREAS, this request to Rezone the Property is consistent with the MCNP Objective LU-1.3 with the intent to promote, facilitate and catalyze the redevelopment and revitalization of blighted, declining, or threatened residential, commercial and industrial areas, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and

WHEREAS, this request to Rezone the Property is consistent with the MCNP Policy LU-1.1.10 with the intent to encourage high-density residential development and redevelopment in close proximity to Metrorail and Metromover stations, which 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 application is consistent with Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and

WHEREAS, the Planning Department finds a change to “T6-8-L” for the Property is more appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and

WHEREAS, the proposed change to “T6-8-O” does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and

WHEREAS, there have not been changing conditions to the Atlas of the Miami 21 Code for the adjacent properties, deeming the changes inconsistent with Article 7, Section 7.1.2.f.1(b)of the Miami 21 Code; and

WHEREAS, the proposed application is not consistent with Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code in that it introduces the potential for a development comprised entirely of office and commercial uses adjacent to properties zoned primarily for residential; and

WHEREAS, the proposed zoning change can be deemed inappropriate in light of the intent of the Miami 21 Code; and

WHEREAS, the Planning Department recommends denial of the Applicant’s requested change in zoning from “T5-L” Urban Center Transect Zone – Limited to “T6-8-O” Urban Core Transect Zone – Openfor the Property located at 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, and 1235 Northwest 1 Place; 132, 139, and 145 Northwest 12 Street; 140 Northwest 13 Street; 1118, 1126, 1134, 1142, 1212, 1218, 1228, and 1238 Northwest 1 Court butalternatively recommendsa zoning change to “T6-8-L”Urban Core Transect Zone – Limitedinstead of the “T6-8-O” Urban Core Transect Zone – Open Transect Zone; and

WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on March 15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-032 by a vote of ten to zero(10-0), Item No. PZAB.5, recommending approval of the Zoning Change; and

WHEREAS, the City Commissionhas considered the goals, objectives, and policies of the Miami Comprehensive Plan, 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 unnecessary; and

WHEREAS, the City Commission has considered the Applicant’s justification as well as the Planning Department recommendation; and

WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations;

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 located at 1121, 1127, 1133, 1141, 1149, 1157, 1213, 1219, 1227, 1229, and 1235 Northwest 1 Place; 132, 139, and 145 Northwest 12 Street; 140 Northwest 13 Street; 1118, 1126, 1134, 1142, 1212, 1218, 1228, and 1238 Northwest1 Court, Miami, Florida, 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.