HomeMy WebLinkAboutO-13957City of Miami
l i ,
J'f
Legislation
Ordinance: 13957
File Number: 7679
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
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 T4-L, "GENERAL URBAN
TRANSECT ZONE — LIMITED", TO T5-0, "URBAN CENTER TRANSECT ZONE
- OPEN", OF THE PROPERTIES LOCATED AT APPROXIMATELY 2824 AND
2828 SOUTHWEST 37 AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER
ACCEPTING THE VOLUNTARILY PROFFERED COVENANT IN
SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT
"B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 2824 and 2828 Southwest 37
Avenue, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated
(collectively, "Property"), are currently zoned T4-L, "General Urban Transect Zone — Limited", on
the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended, ("Miami 21 Code"); and
WHEREAS, 2814/16 SW 37 ("Applicant") has submitted a request to change the zoning
classification of the Property to T5-0, "Urban Center Transect Zone - Open"; and
WHEREAS, the Applicant has submitted a concurrent application (File ID No. PZ-19-
2863) to amend the Future Land Use Map ("FLUM") designation of the Miami Comprehensive
Neighborhood Plan ("MCNP") for the Property from "Low Density Restricted Commercial' to
"Medium Density Restricted Commercial"; and
WHEREAS, the proposed T5-0, "Urban Center Transect-Open", zoning classification
would result in additional height, density, and building mass that is compatible with the existing
uses to the north, south, and east of the Property; and
WHEREAS, the Property consists of approximately 16,628 square feet (0.381 acre) in
area; and
WHEREAS, the Property consists of two (2) parcels currently developed with two (2)
duplex -family residential structures constructed in 1947 and 1965; and
WHEREAS, the proposed change in zoning classification would further fortify a buffer of
T4-L, "General Urban Transect Zone — Limited", zoned parcels from the T6-8-0, "Urban Core —
Open", zoned parcels to the north; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City of Miami ("City") regulations; and
City of Miami Page 1 of 3 File ID: 7679 (Revision: A) Printed On: 1212812020
File ID: 7679 Enactment Number: 13957
WHEREAS, the City Commission has considered the need and justification for the
proposed change in the zoning classification, including changing and changed conditions that
make the passage of the propose change in the zoning classification necessary; and
WHEREAS, the City Commission has considered the Declaration of Restrictive
Covenants, attached and incorporated as Exhibit "B" ("Covenant"), which was voluntarily
proffered by the Applicant limiting the development of the subject Property as summarized
below:
The Applicant shall provide a total of one (1) housing unit as a part of any multifamily
residential rental or condominium development on the Property that shall be owner
occupied and/or rental housing with a purchase cost, value, or monthly rental, as
applicable, equal to or less than the amounts established by the applicable standards
for those individuals whose income is at or below eighty percent (80%) of Area
Median Income based on Area Median Income of the City as certified by the
Department of Housing and Community Development.
Alternatively, the Applicant shall contribute $50,000.00 (fifty thousand dollars) as a
lump sum payment to the City's Public Benefit Trust Fund prior to obtaining a
building permit for any residential development on the Property. This condition
applies only to Residential and Multi -family Housing development; and
WHEREAS, the recently adopted change in zoning classification of the parcels to the
north resulting in a density increase, in addition to the proximity to the Douglas Road Metrorail
Station, are the catalyst to a change in the area of the Property; and
WHEREAS, the Property is located within a designated Transit Oriented Development
("TOD") area of the City that is deemed to be well -served by transportation and, therefore, is
susceptible for increases in density, intensity, and/or parking reductions; and
WHEREAS, the Department of Planning ("Planning") recommends approval of the
change in zoning classification; and
WHEREAS, the Covenant does not affect review criteria and is not considered in
Planning's recommendation or analysis; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 1,
2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-017 by a vote
of seven to two (7-2), Item No. PZAB. 2, recommending approval of the change in zoning
classification; and
WHEREAS, the proposed change in zoning classification complies with the goals,
objectives, and policies of the City's MCNP; and
WHEREAS, the proposed change in zoning classification maintains the goals of the
Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building
height; and
WHEREAS, the proposed change in zoning classification is appropriate in light of the
intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties;
City of Miami Page 2 of 3 File ID: 7679 (Revision: A) Printed on: 1212812020
File ID: 7679 Enactment Number: 13957
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 City Commission amends the Zoning Atlas of the Miami 21 Code by
changing the zoning classification from T4-L, "General Urban Transect Zone — Limited", to T5-
0, "Urban Center Transect Zone -Open", for the Property, as more particularly described in
Exhibit "A", attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered Covenant, in
substantially the form attached and incorporated as Exhibit "B".
Section 4. 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 5. 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:
f 1
Un ndez, City Attor ey 911012020 Und'e=Z,
City Httor iey 11130/2020
' 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: 7679 (Revision: A) Printed on: 1212812020