HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14201
Title: 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 "T5-0," URBAN CENTER TRANSECT
ZONE - OPEN (NORTHERN PORTION), AND "T4-R," GENERAL URBAN
TRANSECT ZONE — RESTRICTED (SOUTHERN PORTION), TO "T5-O,"
URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN), AND "T4-
0," GENERAL URBAN TRANSECT ZONE — OPEN (SOUTHERN
PORTION), OF THE PROPERTY GENERALLY LOCATED AT 3030
SOUTHWEST 22ND STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE..
LOCATION: Approximately, 3030 SW 22 Street
APPLICANT(S): Melissa Tapanes Llahues Esquire, on behalf of, Victor Brown and
Bomart Real Estate, LLC
PURPOSE: This will change the above property from "T5-O" Urban Center Transect
Zone — Open and "T4-R" General Urban Transect Zone — Restricted to "T5-O" Urban
Center Transect Zone — Open and "T4-O" General Urban Transect Zone — Restricted,
with no voluntarily proffered covenant.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial, alternatively recommend approval
of "T4-L" General Urban Transect Zone — Limited.
PLANNING, ZONING AND APPEALS BOARD: On May 17, 2023, recommended approval by a
vote of 5-2.
City of Miami File ID: 14201 (Revision: A) Printed On: 10/25/2023
City of Miami
Legislation
Ordinance
Enactment Number:14201
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 14201 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 "T5-0," URBAN CENTER TRANSECT
ZONE - OPEN (NORTHERN PORTION), AND "T4-R," GENERAL URBAN
TRANSECT ZONE — RESTRICTED (SOUTHERN PORTION), TO "T5-O,"
URBAN CENTER TRANSECT ZONE - OPEN (NORTHERN), AND "T4-O,"
GENERAL URBAN TRANSECT ZONE — OPEN (SOUTHERN PORTION),
OF THE PROPERTY GENERALLY LOCATED AT 3030 SOUTHWEST
22ND STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE..
WHEREAS, the property is generally located at 3030 Southwest 22nd Street, Miami,
Florida ("Property") and is zoned "T5-O," Urban Center Transect Zone — Open, on the northern
17, 442 square feet ("Northern Portion") of the Property and "T4-R," General Urban Transect
Zone — Restricted, on the southern 22,029 square feet ("Southern Portion") of the Property; and
WHEREAS, Melissa Tapanes Llahues Esquire, on behalf of Victor Brown and Bomart
Real Estate, LLC ("Applicant") has submitted a request to change the zoning classification of the
Southern portion of the Property from "T4-R," General Urban Transect Zone — Restricted, to
"T4-O," General Urban Transect Zone — Open; and
WHEREAS, the Property consists of one (1) parcel totaling approximately 39,471 square
feet (0.906 acres) of land; and
WHEREAS, the Future Land Use Map ("FLUM") designation is Restricted Commercial;
and
WHEREAS, the request to rezone the Southern Portion of the Property from the "T4-R"
General Urban Transect Zone — Restricted, to the "T4-O," General Urban Transect Zone —
Open, 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 an office building, constructed in
2004 and is bordered by residential and commercial uses; and
WHEREAS, the Property is bounded by 22nd Street to the north, 22nd Terrace to the
south, 29th Avenue to the east and 31st Avenue west; and
City of Miami File ID: 14201 (Revision: A) Printed On: 10/25/2023
WHEREAS, the Property is located in a portion of the Coral Way BMP (Zone 5) where
there are a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the Property was zoned "C-1" under the previous Zoning Code, Ordinance
No. 11000, which permitted restricted commercial uses; and
WHEREAS, an exception for the use of a private school on the Property was proposed
and approved in 2019; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, classification
will result in uses consistent with the proposed use; and
WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1(a) of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"); and
WHEREAS, this request to rezone the Property is consistent with the Miami
Neighborhood Comprehensive ("MCNP") Goal LU 1.1.7's intent of developing mixed use
neighborhoods which makes this 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
TR 1.1.5's intent to promote development along transit corridors, 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 proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code; and
WHEREAS, the proposed zoning change can be deemed appropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning Department recommends approval of the rezoning application
request to change the zoning from "T4-R," General Urban Transect Zone — Restricted, to "T4-
0," General Urban Transect Zone — Open, for the Southern portion of the Property; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May
17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-060 by a
vote of five to two (5-2), Item No. PZAB. 16, recommending approval of the Zoning Change; 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 goals, objectives, and policies of
the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission, after careful consideration of this matter, deems the
request advisable and in the best interest of the general welfare of the City and its inhabitants
and hereby recommends that the proposed zoning change be granted, as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 14201 (Revision: A) Printed On: 10/25/2023
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 approves the request to amend the Zoning Atlas of the
Miami 21 Code by changing the zoning classification from "T4-R," General Urban Transect Zone
— Restricted, to "T5-O," "Urban Center Transect Zone - Open" for a portion of the Property and
by changing the zoning classification from "T4-R," "General Urban Transect Zone — Restricted,"
to "T4-O," "General Urban Transect Zone — Open" for the remaining portion of the Property,
resulting in 32,461 Square feet of the Property being zoned "T5-O" "Urban Center Transect
Zone" and the remaining 7,010 Square Feet of the Property being zoned "T4-O" "General Urban
Transect Zone — Open" for the Property generally located at 3030 Southwest 22nd Street,
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.'
APPROVED AS TO FORM AND CORRECTNESS:
arty arta Gomez, Assistacornez thettorne7/3/2023 y Wi t ria`�C ndez, City Attor ey 9/21/2023
Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified
instead of original version.
1 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: 14201 (Revision: A) Printed On: 10/25/2023