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HomeMy WebLinkAboutScrivener's Error Memoe Ai CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd A. Hannon, , Clerk FROM: Victoria Mere 'z, sty Attorney DATE: April 11, 2018 RE: Ordinance N+. 1 t 549 — Rezoning of 3581 East Glencoe Street, Miami, Florida. File No. 15-00084zc At its June 17, 2015 meeting, the City of Miami ("City") Planning, Zoning and Appeals Board ("PZAB") considered Agenda Item PZAB.2 (Version 1 of the Legislation) recommending approval of the requested zoning change for the real property located at approximately 3581 East Glencoe Street, Miami, Florida ("Property"). (See Exhibit "A"). At its June 25, 2015 meeting, the City Commission considered Agenda Item PZ.11, the first reading of the proposed rezoning for the Property. The published agenda included Version 2 of the Legislation that contained blanks in the "Whereas" clause summarizing the PZAB action and did not reference the voluntary proffer by the applicant of a restrictive covenant. (See Exhibit "B"). At its July 23, 2015 meeting, the City Commission considered Agenda Item PZ.9, the second reading of the proposed rezoning for the Property. Modifications made after first reading were inadvertently saved into Version 2 of the Legislation; therefore, the published agenda incorrectly included a modified Version 2 (See Exhibit "C") of the Legislation when it should have included Version 3 of the Legislation. (See Exhibit "D"). Prior to the July 23, 2015 meeting, a Substitution of the item was distributed by the City Administration to include the corrected Version 3 of the Legislation that included the PZAB action and reference to the voluntarily proffered restrictive covenant. (See Exhibit "D"). Versions 1, 2 and 3 have been corrected in Legistar. VM/BLMIvj a Enclosure(s) City of Miami Legislation Ordinance: 13549 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.carn File Nunnber: 15-00084zc Final Action Date:7/23/2015 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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/NC❑-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/NC❑-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. LOCATION: Approximately 3581 E, Glencoe Street [Commissioner Marc Sarnoff District 2] APPLICANTS): Javier Fernandez, Esquire, on behalf of Grove Bay Properties, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. Item includes a covenant. See companion File ID 15-000841u. PURPOSE: This will allow a zoning classification change for the above property from "T3-R/NCD-3" and "T5-R)NCD-3" to "T4-RINCD-3" and "T5-R/NCD-3". WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 17, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item no. *, recommending * 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; 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 City of Miami Page 1 of 3 File Id: 15-00084w (Version: 1) Printed On; 4/11/2018 File Number: 15-00084ze Enactment Number: 13549 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 furthers the protection of the public welfare; 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 * 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. If any section, part of 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(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes City of Miami Page 2 of 3 File Id 15-000 4 .c (Version: 1) Printed On: 4/11/2018 File Number.• 1 5-a0©84zc Enactment Nurmber. 13549 {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. Cety of Miami Page 3 of 3 File Id: 15-00084w (Version: I) Printed On: 4/11/2018 City of Miami Legislation Ordinance: 13549 City Hall 3500 Pan American Drive Miami, FL 33133 www. miamigov.com File Number: 15-00084n 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-RINCD-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-RINCD-3 "GENERAL URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION ZONE 3" AND T5-RINCD--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, at its meeting on June 17, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (* *), item no. *, recommending * 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; 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 furthers the protection of the public welfare; 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 "` this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 2 File Id: 15-000847e (Version: 2) Printed On:: 4/I1/20I8 File Number: 15-00084zc Enactment Number. 13549 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 Transact 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. If any section, part of 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 reiettered 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(3)(c), Florida Statutes.{1} Poo tnotes {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 Ptig : 2 of 2 Bide Id 15-00084w (Version: 2) Printed On: 4/11/2018 c City of Miami Legislation Ordinance: 13549 City Ball 3500 Pan American Drive Miami, FL 33133 www.miamigov,corn File Number: 15-000847c 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-RINCD-3 "SUB -URBAN TRANSECT ZONE RESTRICTED/ NEIGHBORHOOD CONSERVATION DISTRICT 3" AND T5-RINCD-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-RINCD-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 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, City of Miami Page 1 of 2 File Id: 15-00084rc (Version; 2) Printed On: 4/11/2018 File Number: f 5-00084zc Enactment Number: 13549 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-RJNCD-3 (Sub -Urban Transect Zone Restricted/Neighborhood Conservation District 3) to T4-RJNCD-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. 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 provisfons 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 } 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: 15-0008dzc (Version: 2) Printed On: 4/11/2018 -1.; )(Wok City of Miami Legislation Ordinance: 13549 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamlgay.com File Number: 15-00084ze 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-RINCD-3"SUB-URBAN TRANSECT ZONE RESTRICTED/NEIGHBORHOOD CONSERVATION DISTRICT 3" AND T5-RINCD-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-RINCD-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 structures thirty-eight feet (38') above the base flood elevation to the top the primary roof of any building or City of Miami Page 1 of 2 File Id: 1540084rc (Version; 31 Printer! On: 4/11/2018 File Number: 15-00084w Enactment Number: 13549 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 (Folic 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, FLORI DA: 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-RINCD-3 (Sub -Urban Transect Zone Restricted/Neighborhood Conservation District 3) to T4-RINCD-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. I5-000842:c (Version: 31 Printed On: 4/11/2018