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HomeMy WebLinkAboutO-13609City of Miami Legislation Ordinance: 13609 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00054zc Final Action Date: 5/26/2016 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 OF APPROXIMATELY .34 ACRES FROM T5-L "URBAN CENTER TRANSECT ZONE - LIMITED" TO T5-O "URBAN CENTER TRANSECT ZONE - OPEN" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 712 SOUTHWEST 7TH STREET AND 704 SOUTHWEST 7TH AVENUE, AND CHANGING THE ZONING CLASSIFICATION FOR THE PROPERTY LOCATED AT 701 SOUTHWEST 8TH STREET FROM T6-8-O "URBAN CORE TRANSECT ZONE - OPEN" TO T6-8-O "URBAN CORE TRANSECT ZONE - OPEN"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami Automotive Retail, Inc., MAR 704, LLC, and 701 Associates, LLC (collectively "Applicant") requested a transect zone change from T5-L, "Urban Center Transect Zone - Limited" to T5-O, "Urban Center Transect Zone - Open", for the property located at 704 Southwest 7th Avenue and 712 Southwest 7th Street, Miami, Florida and from T6-8-O, "Urban Core Transect Zone - Open", to T6-8-O, "Urban Core Transect Zone - Open", for the property located on 701 Southwest 8th Street, Miami, Florida ("Application"); and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-017 by a vote of seven to one (7-1), item no. PZAB.5, recommending approval of the Application; and WHEREAS, the Applicant amended the Application to request a transect zone change from T5-L to T5-O for the property located at 704 Southwest 7th Avenue and 712 Southwest 7th Street, Miami, Florida and from T6-8-O to T6-8-L for the property located at 701 Southwest 8th Street, Miami, Florida; and WHEREAS, the Applicant may amend and the City Commission may consider the Applicant's amended application pursuant to Section 7.1.2.8(g)(2) of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") because the amended request for 701 Southwest 8th Street, Miami, Florida is for a change to a lesser transect zone; and WHEREAS, at first reading of the Ordinance on April 28, 2016, the Applicant further amended the application to request a transect zone change from T5-L to T5-O for the property located at 704 Southwest 7th Avenue and 712 Southwest 7th Street, Miami, Florida and from T6-8-O to T6-8-O for the property located at 701 Southwest 8th Street, Miami, Florida; and WHEREAS, pursuant to Section 7.1.2.8(g)(7) of the Miami 21 Code, the Applicant requested a waiver of the time limits set forth in Section 7.1.2.8(g) of the Miami 21 Code; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable City of Miami Page 1 of 2 File Id: 16-000547c (Version: 41 Printed On: 5/8/2018 File Number: 16-00054zc Enactment Number: 13609 and in the best interest of the general welfare of the City and its inhabitants to APPROVE 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 approximately .34 acres from T5-L "Urban Center Transect Zone - Limited" to T5-O "Urban Center Transect Zone - Open" for the properties located at 712 Southwest 7th Street and 704 Southwest 7th Avenue, and the property located at 701 SW 8th Street will remain T6-8-O "Urban Core Transect Zone -Open", as described in "Exhibit A", attached and incorporated. Section 3. Pursuant to Section 7.1.2.8(g)(7) of the Miami 21 Code, the City Commission grants the Applicant a waiver of the time limits set forth in Section 7.1.2.8(g) of the Miami 21 Code. 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, 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 Section 163.3187(3)(c), 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: 16-000547c (Version: 41 Printed On: 5/8/2018