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Home My WebLink AboutCC Legislation (Version 3) & ExhibitsCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00841zc Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FORA PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF THE NORTHERN PORTION OF A VACANT IRREGULARLY -SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDAAVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDAAVENUE AND PLAZA STREET, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY ZONED "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT TO "T4-O" GENERAL URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDAAVENUE THAT REMAINS "T3-R" SUB -URBAN ZONE WITH AN "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT, MIAMI, FLORIDA, AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENT AND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN "EXHIBIT B", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 19, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-038 by a vote of eight to one (8-1), item no. 4, recommending APPROVAL with modifications of the Zoning Change as follows: 1) The northern most 25 feet fronting Florida Avenue to remain as "T3-R" Sub -Urban Zone; 2) The remaining portion (southern part fronting Florida Avenue) to be changed to "T4-O" General Urban Zone; and 3) The applicant's proffered covenant to be revised to include affordable housing standard of federal government and the time frame to be 50 years instead of 30 years; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to ,grant this change of zoning classification 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 Ordinance No. 13114, is further amended by changing the zoning City of Miami Page 1 of 2 File Id: 12-00841zc (Version: 3) Printed On: 10/31/2012 File Number: 12-00841zc classification at approximately a portion of Folio #01-4121-007-3850, Miami, Florida, more particularly described in Exhibit "A", attached and incorporated, consisting of the northern portion of a vacant irregularly -shaped property located within the block bounded by Florida Avenue on the north, Plaza Street on the east, Grand Avenue on the south, and Douglas Avenue on the west, the lots in question front on Florida Avenue and Plaza Street, Miami, Florida; a section of Folio #01-4121-00-3850 currently zoned "T3-R" Sub -Urban Zone with an "NCD-2" Village West Island and Charles Avenue Neighborhood Conservation District to "T4-O" General Urban Zone with an "NCD-2" Village West Island and Charles Avenue Neighborhood Conservation District, less a 25-foot deep portion of the lot facing Florida Avenue that remains " T3-R" Sub -Urban Zone with an "NCD-2" Village West Island and Charles Avenue Neighborhood Conservation District," Miami, Florida, as presented by the Planning and Zoning Department and recommended by the PZAB Resolution PZAB-R-12-037, and depicted in "Exhibit B", 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187, Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNE Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 2 of 2 File Id: 12-00841zc (Version: 3) Printed On: 10/31/2012 Exhibit "A" Legal Description The South 50 Feet of Lots 1 and 2, all of Lots 3, 4, 5, and 6, Block 25, of AMENDED PLAT OF THE FROW HOMESTEAD, according to the Plat thereof, as recorded in Plat Book B, Page 106, of the Public Records of Miarni-Dade County, Florida, Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-12-038 File ID 12-00841zc September 19, 2012 Item PZAB.4 Mr. Juvenal Pina offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH MODIFICATIONS TO THE MIAMI CITY,COMMISSION, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN ZONE AND "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE CONSERVATION DISTRICT TO "T4-O" GENERAL URBAN ZONE AND "NCD-2" VILLAGE WEST ISLAND AND CHARLES AVENUE CONSERVATION DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY A PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, THE PROPERTY CONSISTS OF THE NORTHERN PORTION OF A VACANT IRREGULARLY SHAPED PROPERTY LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA AVENUE ON THE NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON FLORIDA AND PLAZA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THIS LAND USE CHANGE WAS RECOMMENDED APPROVAL WITH THE FOLLOWING MODIFICATIONS: 1) THE NORTHERN MOST 25 FEET FRONTING FLORIDA AVENUE TO REMAIN AS "T3-R" SUB -URBAN ZONE; 2) THE REMAINING PORTION (SOUTHERN PART FRONTING FLORIDA AVENUE) TO BE CHANGED TO "T4-O" GENERAL URBAN ZONE 3) THE APPLICANT'S PROFFERED COVENANT TO BE REVISED TO INCLUDE AFFORDABLE HOUSING STANDARD OF FEDERAL GOVERNMENT AND THE TIME FRAME TO BE 50 YEARS INSTEAD OF 30 YEARS. Upon being seconded by Mr. Daniel Milian, the motion passed and was adopted by a vote of 8-1: Mr. Sergio Cruz Yes Mr. Charles A. Garavaglia Absent Mr. Charles A. Gibson Abstain Mr. Patrick Goggins Yes Ms. Maria Beatriz Gutierrez Yes Mr. Ernest Martin No Mr. Daniel Milian Yes Mr. Juvenal Pina Yes Ms. Janice Tarbert Yes Ms. Melody L. Torrens Yes Mr. David H. Young Yes Francisco G- rc'a, Director lanning and Ztning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution: tr fyr SWORN AND SUBSCRIBED BEFORE ME THIS �1 DAY OF .1" !� 2012. y r a Notary Public State of Flbride . °; Sandra Forges and �S �� < My Commission DDt359677 Print Notary Name Nota" Public Sta e of Florida G%plros 02l09/2013 Personally know ✓ or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath 0 150 300 MIAMI 21 MAP - EXHIBIT "B" 600 Feet ADDRESS: A PORTION OF 01-4121-007-3850