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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14026 Title: 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 T3-0, "SUB -URBAN TRANSECT ZONE — OPEN," TO T4-L, "GENERAL URBAN TRANSECT ZONE —LIMITED," FOR THE 0.15 ± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3231 SW 23 Ter [Commissioner Manolo Reyes — District 4] APPLICANT(S): James Williams, Esquire, on behalf of Rosa Maria Carreras, Owner PURPOSE: To rezone the property located at 3231 Southwest 23 Terrace from "73-0" Sub -Urban Transect Zone — Open to "74-L" General Urban Transect Zone — Limited. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: On May 5, 2021, the motion to approve failed by a vote of five to three (5-3), lacking the supermajority necessary. City of Miami File ID: 9110 (Revision: 8) Printed On: 101812021 ti��\ UF'IY City of Miami City Hall 3500 Pan Ameican Drive oaP-aRw EA Legislation Miami, FL 33133 � iecse Ordinance www.miamigov.com Enactment Number:14026 File Number: 9110 Final Action Date: 9/23/2021 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 T3-0, "SUB -URBAN TRANSECT ZONE —OPEN," TO T4-L, "GENERAL URBAN TRANSECT ZONE —LIMITED," FOR THE 0.15 ± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its advertised meeting on May 5, 2021, adopted Resolution No. PZAB-R-21-024 for item PZAB.3, which reflected the PZAB's failure to recommend approval of the subject proposed rezoning as there was a motion to recommend approval; however, only five (5) members voted in favor and three (3) members voted against thereby failing to obtain the required supermajority vote to recommend approval; and WHEREAS, pursuant to Section 7.1.1.4.d.4 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), and Section 62-17(d) of the Code of the City of Miami, Florida, as amended, no action to recommend a rezoning shall be taken without the concurring votes of a supermajority of board members present with said supermajority consisting of one (1) more member than a simple majority; and WHEREAS, the property located at 3231 Southwest 23 Terrace, Miami, Florida ("Property") is currently zoned T3-0, "Sub -Urban Transect Zone —Open"; and WHEREAS, the Property is owned by Rosa Maria Carreras ("Applicant"); and WHEREAS, the Applicant has submitted a request to rezone the Property from T3-0, "Sub -Urban Center Transect Zone —Open," to T4-L "General Urban Transect Zone —Limited"; and WHEREAS, the Property is 0.15 ± acres in size; and WHEREAS, on October 22, 2009, with the adoption of the Miami 21 Code, the City Commission changed the zoning of the Property from R-2, "Two -Family Residential", to T3-0, "Sub -Urban Transect Zone -Open"; and City of Miami File ID: 9110 (Revision: 8) Printed On: 101812021 WHEREAS, the Applicant has submitted a companion request for a Future Land Use Map amendment (PZ-20-7970) from Duplex Residential to Low Density Restricted Commercial; and WHEREAS, surrounding the Property are T4-L, "General Urban Transect Zone —Limited", to the north; T3-0, "Sub -Urban Transect Zone —Open", to the south; T4-L, "General Urban Transect Zone —Limited", to the east; and T3-0, "Sub -Urban Transect Zone —Open", to the west; and WHEREAS, the Planning Department reviewed the application and found that the proposed rezoning from T3-0, "Sub -Urban Transect Zone —Open", to T4-L, "General Urban Transect Zone —Limited", is successional; and WHEREAS, the proposed rezoning of the Property from T3-0, "Sub -Urban Transect Zone —Open", to T4-L, "General Urban Transect Zone —Limited", increases residential density from 18 DU per acre to 36 DU per acre and increases the maximum number of stories from two (2) to three (3) By Right; and WHEREAS, the proposed rezoning of the Property from T3-0, "Sub -Urban Transect Zone —Open", to T4-L, "General Urban Transect Zone —Limited", introduces several new uses including but not limited to Bed & Breakfasts, Offices, and General Commercial By Right; and WHEREAS, the City Commission has considered the Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B" ("Covenant"), voluntarily proffered by the Applicant limiting the development of the subject Property as follows: Notwithstanding the Property's T4-L, "General Urban Transect Zone -Limited", zoning designation, the Property shall only be used for those uses permitted in a T3-0, "Sub - Urban Transect Zone -Open", green space, a Zen passive recreational area, or open space serving other abutting properties with a zoning classification of T4, "General Urban Transect Zone," T5, "Urban Center Transect Zone," and T6, "Urban Core Transect Zone" or their successor equivalent; and WHEREAS, the Covenant shall not be construed to create any vested rights whatsoever to the Applicant or any successors or assigns; and WHEREAS, the City Commission has considered the need and justification for the rezoning, including changing and changed conditions that make the rezoning necessary; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, all other City regulations, public comments, and the Covenant; and WHEREAS, the City Commission finds the rezoning of the Property from T3-0, "Sub - Urban Transect Zone —Open," to T4-L, "General Urban Transect Zone —Limited," is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the City Commission finds that the rezoning of the Property from T3-0, "Sub -Urban Transect Zone —Open," to T4-L, "General Urban Transect Zone —Limited" maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in Density, Intensity, and building Height; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to approve City of Miami File ID: 9110 (Revision: 8) Printed On: 101812021 the amendment to the Zoning Atlas of the Miami 21 Code to change zoning of the Property from T3-0, "Sub -Urban Transect Zone —Open," to T4-L, "General Urban Transect Zone —Limited," as hereinafter set forth; 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 amended by changing the Zoning Classification from T3-0, "Sub -urban Transect Zone —Open," to T4-L, "General Urban Transect Zone —Limited," for the Property as more particularly described in Exhibit "A," attached and incorporated. Section 3. The City Commission accepts the voluntarily proffered Covenant, attached and incorporated as Exhibit "B," in a form acceptable to the City Attorney which must be recorded and submitted to the City within forty-five (45) days of adoption hereof. 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: 1 i ria i ndez, Cify Attor iey 8/2512021 ' 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: 9110 (Revision: 8) Printed On: 101812021