PZ.3 - Rezone Nw 60 St Property

"INCOMPLETE (ITEM WAS ADOPTED WITH MODIFICATIONS).  PENDING FINAL APPROVAL AS TO FORM AND CORRECTNESS BY CITY ATTORNEY."

WHEREAS, the property generally located at 151 Northwest 60 Street and 145 Northwest 60 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A,” (“Property”) is zoned “CI,” Civic Institution Zone, and “T3-O,”Sub-Urban Transect Zone – Open, on the Zoning Atlas of Ordinance No. 13314, the Zoning Code of the City of Miami, Florida, as amended (“Miami 21 Code”); and

WHEREAS, Raider Road LLC (“Applicant”) has submitted a request to change the zoning classification of the Property from “CI,” Civic Institution Zone, and “T3-O, ”Sub-Urban Transect Zone – Open, to “T4-L,” General Urban Transect Zone – Limited; and

WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 49,260 square feet (1.13 acres) of land; and

WHEREAS, the Property is bounded by the following Thoroughfares: Northwest 61 Street to the north, Northwest 1 Avenue to the east, Northwest 60 Street to the south, and Northwest 1 Place to the west; and

WHEREAS, the Applicant has voluntarily proffered restrictions to the Property, and a draft Covenant is attached and incorporated as Exhibit “B,” that:

-prohibits the Property from being used for any Commercial Uses; and

-requires twenty percent (20%) of the total new units constructed on the Property to be leased, rented, or made available continuously to persons whose income does not exceed eighty percent (80%) of the area median income (“AMI”) or, if developed pursuant to the Live Local Act, §166.04151(7)(b), Fla. Stat. (2025), in addition to the commitment above: 1) Twenty percent (20%) of the total new units constructed on the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed one hundred percent (100%) of the AMI and 2) the remaining sixty percent (60%) of new units within the Property shall be leased, rented or made available on a continuous basis to persons whose income does not exceed one hundred and twenty percent (120%) of the AMI; and

-Notwithstanding the Property’s development pursuant to the Live Local Act, the Property shall comply with T4-L height regulations pursuant to Article 5, Section 5.4.2.f of the Miami 21 Code.

WHEREAS, the Future Land Use Map (“FLUM”) designation of the Property is “Duplex Residential” and “Major Institutional, Public Facilities, Transportation and Utilities”; and

WHEREAS, the Property is currently vacant, and the Abutting properties are characterized by Residential and Civic Uses; and

WHEREAS, the a portion of the Property (151 Northeast 60 Street) was zoned “G/I Government and Institutional” under the previous 11000 Zoning Code, which allowed for the development of facilities for federal, state, and local government activities, significant public or private health, recreational, cultural, religious, or educational activities, major transportation facilities, public utilities, and public and private cemeteries; and

WHEREAS, the other portion of the Property (145 Northwest 60th Street) was zoned “R-2, Two-Family Residential”under the previous 11000 Zoning Code, which permitted 65 dwelling units per acre; and

WHEREAS, the proposed “T4-L,”General Urban Transect Zone – Limited, classification would lead to increased Density, Building Height, and Intensity of Uses; and

WHEREAS, Section Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code that indicates that consideration is to be given to “the relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations”; and

WHEREAS, the City’s Planning Department found that the application is inconsistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code as this proposed rezoning has the potential to allow the encroachment of Commercial Uses, such as a “Food Service Establishment” or “General Commercial”, which are permitted “By right” into the middle of an established “T3” residential neighborhood. Thus, these Commercial Uses could act as a catalyst for altering the residential character and possibly introducing negative externalities, such as noise, light spillover, and increased traffic; and

WHEREAS, within the time frame between 2016 and 2023, there were two (2) adopted rezones and two (2) adopted Special Area Plans to the Zoning Atlas of the Miami 21 Code, which are within a 0.25-mile radius of the Property, and as such, the Planning Department deems the changes justified due to changed or changing conditions that make the passage of the proposed change necessary, pursuant to Article 7, Section 7.1.2.8.f.1(b) of the Miami 21 Code; and

WHEREAS, the portion of the Property with address 151 Northeast 60 Street has ceased functioning as a Civic Use, and the existing Structure on the Property was condemned and demolished through a City-issued Demolition permit: BD17-001385-001; and

WHEREAS, when a CI zoned property, that being 151 Northwest 60 Street, ceases to be used for Civic functions, the successional rezoning is determined by identifying the lowest Intensity Abutting Transect Zone, in this case “T3-O” Sub-Urban Transect Zone - Open, and rezoning to that Transect Zone’s next higher Intensity Zone, deeming the change successional pursuant to Article 7, Section 7.1.2.8.a.1 and Section 7.1.2.8.f.2 of the Miami 21 Code; and

WHEREAS, the proposed rezone from “T3-O” Sub-Urban Transect Zone – Open to “T4-L- General Urban Transect Zone – Limited is successional pursuant to with Article 7, Section 7.1.2.8.f.2 and Section 7.1.2.8.a.1 of the Miami 21 Code; and

WHEREAS, the City’s Planning Department, however, finds that the change does not maintain the goals of the Miami 21 Code to preserve Neighborhoods and provide transitions in intensity and Building Height as required by Article 7, Section 7.1.2.8.f.2 of the Miami 21 Code; and

WHEREAS, the City’s Planning Department finds that the proposed zoning change is not appropriate considering the intent of the Miami 21 Code; and

WHEREAS, the Planning Department recommends denial of the rezoning application from “CI”- Civic Institution Zone (CI) and “T3-O”-Sub-Urban Transect Zone – Open (T3-O) to “T4-L”- General Urban Transect Zone – Limited (T4-L); and

WHEREAS, during the hearing before the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on December 17, 2025, following an advertised public hearing, the Applicant proffered to limit the development on the Property to three (3) stories, consistent with T4 standards, regardless of developing the Property under the Live Local Act, and such was included in the Covenant for City Commission; and

WHEREAS, at its meeting on December 17, 2025, the PZAB adopted Resolution No. PZAB-R-25-082 by a vote of seven to one (7 -1), Item No. PZAB. 14, recommending approval of the amendment to the Miami 21 Code Zoning Atlas; and

WHEREAS, the Property Owner(s) shall fulfill all necessary requirements to effectuate the rezoning of this Ordinance within 30 days from the adoption of this Ordinance; and

WHEREAS, the City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and

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

WHEREAS, City Commission has considered whether the proposed change maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height;

NOW, THEREFORE, BE IT ORDAINED BY THE 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 “CI”- Civic Institution Zone (CI) and “T3-O,”Sub-Urban Transect Zone – Open (T3-O), to “T4-L,”General Urban Transect Zone – Limited, for the Property located at 151 Northwest 60 Street and 145 Northwest 60 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A,” Miami, Florida.

Section 3.The City Commission accepts the voluntarily proffered Declaration of Restrictive Covenants, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit “B”.

Section 4.  This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to Section 163.3187(5)(c), Florida Statutes.