HomeMy WebLinkAboutO-14203City of Miami
` Ordinance 14203
Legislation
File Number: 14038
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2023
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, ("MIAMI 21
CODE") BY CHANGING THE ZONING CLASSIFICATION FROM "74-1_,"
GENERAL URBAN ZONE — LIMITED, TO "75-1_," URBAN CENTER ZONE -
LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 205 AND 219
SOUTHWEST 8 AVENUE, 766 SOUTHWEST 2 STREET, AND 779
SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER,
ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED
AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 205 Southwest 8th Avenue, 219
Southwest 8th Avenue, 766 Southwest 2nd Street, and 779 SW 3rd Street, Miami, Florida, as
more particularly described in the attached and incorporated Exhibit "A," ("Property") is zoned
74-L," General Urban Transect Zone - Limited, on the Zoning Atlas of Ordinance No. 13114,
the Zoning Atlas of the City of Miami, Florida, as amended, ("Miami 21 Code"); and
WHEREAS, Alejandro Uribe, on behalf of, Lazo Investment, Inc., Lazo West Brickell
Investments, Inc., and Hernan R. Lazo, (collectively, "Applicant") submitted an application to
change the zoning classification of the Property from 74-L," General Urban Transect Zone -
Limited, to 75-L," Urban Center Transect Zone - Limited; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants,
attached and incorporated hereto as Exhibit "B," that proffers a "fully affordable mixed -use
development"; and
WHEREAS, the Property is an assemblage of four (4) parcels totaling approximately
22,125 square feet (-0.509 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation is Low Density Restricted
Commercial; and
WHEREAS, the request to rezone the Property from 74-L," General Urban Transect
Zone - Limited, to 75-L," Urban Center Transect Zone - Limited, is not consistent with the
Property's existing future land use ("FLU") of Low Density Restricted Commercial, therefore, a
concurrent Comprehensive Plan Amendment is required and has been submitted as a
companion application (PZ-22-15125); and
City of Miami Page 1 of 3 File ID: 14038 (Revision:) Printed On: 811112023
File ID: 14038 Enactment Number: 14203
WHEREAS, the Property is bounded by Southwest 2nd Street to the north, Southwest 3rd
Street to the south, Southwest 2nd Avenue to the east, and Southwest 3rd Avenue to the west;
and
WHEREAS, Property is located in a portion of the Little Havana 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 11000 Zoning Code, which
permitted 36 dwelling units per acre; and
WHEREAS, the residences on the Property were generally built in the 1920s; and
WHEREAS, the proposed zoning change is successional, and the Property has
sufficient frontage; and
WHEREAS, the proposed 75-L," Urban Center Transect Zone — Limited, classification
would result in higher intensity and taller development; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants
does not affect the Planning Department's recommendation or analysis; and
WHEREAS, the Planning Department recommends approval of the rezoning application
from "T-4-L," General Urban Transect Zone — Limited, to "T-5-L," Urban Center Transect Zone -
Limited; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May
17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-057 by a
vote of six to one (6 - 1), Item No. PZAB. 6, recommending approval of the zoning change; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City
regulations; and
WHEREAS, the City Commission has considered the Declaration of Restrictive
Covenants, attached and incorporated hereto as an Exhibit "B", voluntarily proffered by the
Applicant limiting the development of the subject Property as a "fully affordable mixed -use
development"; and
WHEREAS, 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 necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the proposed zoning change 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 proposed zoning change is consistent with the MCNP; and
City of Miami Page 2 of 3 File ID: 14038 (Revision:) Printed on: 811112023
File ID: 14038
Enactment Number: 14203
WHEREAS, the Applicant shall submit the executed voluntary Declaration of Restrictive
Covenants and all necessary backup documents to the City for processing within thirty (30)
days of adoption of this ordinance;
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 "T-4-L," General Urban Transect Zone — Limited, to "T-5-L," Urban
Center Transect Zone — Limited, for the property generally located at 205 Southwest 8th
Avenue, 219 Southwest 8th Avenue, 766 Southwest 2nd Street, 779 Southwest 3rd Street,
Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated.
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. 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:
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' 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: 14038 (Revision:) Printed on: 811112023