HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14231
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 "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.
LOCATION: Approximately 2973 SW 36 Avenue and 3555 Southwest 29 Terrace
APPLICANT(S): Alejandro Uribe, Esq. on behalf of O'Malley Holdings, LLC
PURPOSE: This will change the above property at 2973 Southwest 36 Avenue from "T3-O"
Transect Sub -Urban Zone- Open to "T4-L" General Urban Transect Zone- Limited and will
change the above property at 3555 Southwest 29 Terrace from "T5-O" Urban Center
Transect Zone- Open to "T6-8-O" Urban Core Zone- Open
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On September 20, 2023 recommended
approval from the T4-L and denied the T6-8-0 as well as to adopt a new covenant by a
vote of 8-0.
City of Miami File ID: 14619 (Revision: B) Printed On: 2/12/2024
City of Miami
Legislation
Ordinance
Enactment Number:14231
City Hall
3500 Pan Ameican 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 36thAvenue, 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-O," Urban Center Transect Zone- Open, to "T6-8-O"
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 "T3-0," 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
City of Miami File ID: 14619 (Revision: B) Printed On: 2/12/2024
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
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 36th 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 File ID: 14619 (Revision: B) Printed On: 2/12/2024
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 File ID: 14619 (Revision: B) Printed On: 2/12/2024
APPROVED AS TO FORM AND CORRECTNESS:
10/2/2023 rt6 Attor
City of Miami File ID: 14619 (Revision: B) Printed On: 2/12/2024