HomeMy WebLinkAboutO-13549City of Miami
Legislation
Ordinance: 13549
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00084zc Final Action Date: 7/23/2015
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM T3-R/NCD-3 "SUB -URBAN
TRANSECT ZONE RESTRICTED/NEIGHBORHOOD CONSERVATION DISTRICT 3"
AND T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/
NEIGHBORHOOD CONSERVATION DISTRICT 3" TO T4-R/NCD-3 "GENERAL
URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION
ZONE 3" AND T5-R/NCD-3 "URBAN CENTER TRANSECT ZONE RESTRICTED/
NEIGHBORHOOD CONSERVATION DISTRICT 3", FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3581 EAST GLENCOE STREET, MIAMI, FLORIDA;
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 June
17, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-041 by a vote
of nine to zero (9-0), item no. 2, recommending APPROVAL of the Zoning Change as set forth; and
WHEREAS, the proposed zone change is not in harmony with the requested land use pattern
and the adjacent and nearby districts; and
WHEREAS, the proposed zone change is out of scale with the needs of the neighborhood or
the City of Miami ("City"); and
WHEREAS, there are not changing conditions making the passage of the proposed change
necessary; and
WHEREAS, there are not substantial reasons why the use of the property is unfairly limited
under existing zoning; and
WHEREAS, the proposed zone change will not contribute to the improvement of development
of properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed zone change will not convey the same treatment to the individual
owner as to the owners within the same classification and the immediate area and further the
protection of the public welfare; and
WHEREAS, the applicant has voluntarily proffered a restrictive covenant that limits to the site
as summarized: 1) Maximum development on the proposed T4-R/NCD-3 portion of the parcel is
limited to twelve (12) dwelling units (as exists today), 2) Maximum of 26 dwelling units are permitted
on the site, 3) No lodging and educational uses are allowed on the site, 4) Maximum height for
City of Miami
Page 1 of 2 File Id: 15-000847c (Version: 3) Printed On: 10/5/2018
File Number: 15-00084zc Enactment Number: 13549
structures thirty-eight feet (38') above the base flood elevation to the top the primary roof of any
building or structure located on the T4-R designated portion of the Property, excluding any
ornamental features or architectural projections, and 5) any building constructed on T4-R designated
portions of the Property shall maintain a minimum setback of twenty feet (20') from the property line
shared with the abutting T3-R denominated parcel, whose street address of 3551 East Glencoe
Street, Miami, Florida (Folio No. 01-4114-008-0170); 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 and its inhabitants to adopt 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, as amended, is further amended by
changing the zoning classification of the northern portion of a split zoned property from T3-R/NCD-3
(Sub -Urban Transect Zone Restricted/Neighborhood Conservation District 3) to T4-R/NCD-3 (General
Urban Transect Zone Restricted/ Neighborhood Conservation District 3) located at approximately
3581 East Glencoe Street, Miami, Florida, as described in "Exhibit A," attached and incorporated.
Section 3. The covenant voluntarily proffered by the applicant is accepted by the City
Commission.
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. 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 6. This Ordinance shall become effective thirty-one (31) days after second reading
and adoption thereof, pursuant and subject to §163.3187, Florida Statutes. {1}
Footnotes:
{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 2 of 2 File Id: 15-000847c (Version: 3) Printed On: 10/5/2018