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Home My WebLink AboutO-14231City of Miami Ordinance 14231 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14619 Final Action Date: 11/16/2023 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 "T3-O," SUB- URBAN TRANSECT ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE — LIMITED, OF THE PROPERTY GENERALLY LOCATED AT 2973 SOUTHWEST 36 AVENUE, AND BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, TO "T6-8-O," URBAN CORE TRANSECT ZONE- OPEN, OF THE PROPERTY LOCATED AT 3555 SOUTHWEST 29 TERRACE MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 2973 Southwest 36t"Avenue, is zoned "T3- 0," Sub - Urban Transect Zone - Open; and WHEREAS, the property generally located at 3555 Southwest 29th Terrace, is zoned "T5-O," Urban Center Transect Zone- Open; and WHEREAS, Alejandro Uribe, Esq., on behalf of O'Malley Holdings LLC ("Applicant") has submitted a request to change the zoning classification at 2973 Southwest 36 Avenue from "T3- 0," Sub - Urban Transect Zone- Open, to "T4-L," General Urban Transect Zone- Limited, and 3555 Southwest 29th Terrace from "T5-0," Urban Center Transect Zone- Open, to "T6-8-0" Urban Core Transect Zone- Open (collectively the "Property"); and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 22,508 square feet (0.517 acres) of land; and WHEREAS, the Future Land Use Map ("FLUM") designation is Duplex Residential; and WHEREAS, the request to change the zoning designation at 2973 Southwest 36th Avenue from "T3-O," Sub - Urban Transect Zone- Open, to "T4-L," General Urban Transect Zone- Limited, is inconsistent with the Property's existing future land uses ("FLU") of Duplex Residential, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-20-15003; and WHEREAS, the portion of the Property at 2973 Southwest 36th Avenue is currently developed with the Duplex Residential land use designation, and was generally constructed in 1967 and is bordered by Duplex Residential uses; and City of Miami Page 1 of 4 File ID: 14619 (Revision: B) Printed On: 2/12/2024 File ID: 14619 Enactment Number: 14231 WHEREAS, the portion of the Property at 3555 Southwest 29th Terrace is currently developed with the Sales and Services land use designation, is being used as a parking lot, and is bordered by a wide variety of uses; and WHEREAS, the Property is bounded by Southwest 36t" Avenue to the west, Southwest 29th Terrace to the south, and residential properties to the north; and WHEREAS, the Property abuts Southwest 29 Terrace where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned "R-2" and "C-2" under the previous 11000 Zoning Code, which permitted 18 dwelling units per acre; and WHEREAS, the proposed "T4-L," Urban Center Transect Zone Limited, and "T6-8-O," Urban Core Transect Zone - Open, classifications would result in higher Intensity and Height; and WHEREAS, this request to rezone the Property is inconsistent with the Miami Comprehensive Neighborhood Plan ("MCNP"), Future Land Use Element, Goal Land Use Objective 1.3 due to the further encroachment of commercial uses near residential areas; and WHEREAS, this request to rezone the Property is inconsistent with the MCNP Housing Element, Objective 1.1 as the Property is near public transportation, and therefore more suitable for affordable housing; and WHERAS, this request to rezone the Property is inconsistent with Policy 1.1.9_in that parcels adjacent to residential uses and public transportation are more suitable for additional residential uses; and WHEREAS, this request to rezone the Property is inconsistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code due to the inconsistencies with the MCNP's Land Use and Housing Elements; and WHEREAS, there have been changing conditions to the Miami 21 Atlas in the form of land uses and rezones both at 3555 Southwest 29th Terrace, and other sites which are adjacent to the property, but not in such a manner as to deem the proposed changes necessary and therefore the proposal is inconsistent 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 in that a rezone from "T3-O," Sub - Urban Transect Zone — Open, to "T4-L," General Urban Transect Zone — Limited, and a rezone from "T5-O," Urban Center Transect Zone — Open, to "T6-8-O," Urban Core Transect Zone — Open, would be considered successional zoning; and WHEREAS, the proposed zoning change can be deemed inappropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends denial of the rezoning application from "T5-L" Urban Center Transect Zone — Limited to "T6-8-O," Urban Core Transect Zone - City of Miami Page 2 of 4 File ID: 14619 (Revision: B) Printed on: 2/12/2024 File ID: 14619 Enactment Number: 14231 Open, and denial of the rezoning application from "T3-O," Sub - Urban Transect Zone- Open, to "T4-L," General Urban Transect Zone- Open; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-085 by a vote of eight to zero (8 - 0), Item No. PZAB.19, recommending approval of the change of Zoning from "T3-O," Sub - Urban Transect Zone- Open, to "T4-L," General Urban Transect Zone- Limited, and recommended denial of the change of Zoning from "T5-O," Urban Center Transect Zone- Open, to "T6-8-O," Urban Core Transect Zone- Open; and WHEREAS, at First Reading of this item on October 12, 2023, the Applicant requested that the ordinance be amended to only approve the change in zoning from "T5-L" Urban Center Transect Zone — Limited to "T6-8-O," and to deny the portion of the application that changes the zoning from "T3-O," Sub - Urban Transect Zone- Open, to "T4-L," General Urban Transect Zone- Open; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department's recommendation; and WHEREAS, City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and 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 "T3-O," Sub - Urban Transect Zone — Open, to "T4-L," General Urban Transect Zone — Open, for the property generally located at 2973 Southwest 36th Avenue Miami, Florida and by changing the zoning classification from "T5-L," Urban Center Transect Zone — Limited, to "T6-8-O," Urban Core Transect Zone — Open, for the property generally located at 3555 Southwest 29th Terrace, as 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 thirty (30) 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.' 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 Page 3 of 4 File ID: 14619 (Revision: B) Printed on: 2/12/2024 File ID: 14619 Enactment Number: 14231 APPROVED AS TO FORM AND CORRECTNESS: . fl 10/2/2023 - rt6 ia`iddli ez, pity ttor ley ) 11/4/2023 City of Miami Page 4 of 4 File ID: 14619 (Revision: B) Printed on: 2/12/2024