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HomeMy WebLinkAboutO-13621City of Miami Legislation Ordinance: 13621 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-00052zc Final Action Date: 7/29/2016 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 THE APPROXIMATELY 5.2 ACRES OF REAL PROPERTY LOCATED AT 2501 AND 2507 NORTHWEST 16TH STREET ROAD, MIAMI, FLORIDA, FROM T5-L, "URBAN CENTER - LIMITED", TO T6-8-L, "URBAN CORE - LIMITED"; 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 May 4, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-027 by a vote of eight to zero (8-0), Item No. PZAB.4, recommending approval with conditions of the Zoning Change as set forth; 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 ("City") and its inhabitants to grant this change of zoning classification as hereinafter set forth; and WHEREAS, the real property located at 2501 and 2507 Northwest 16th Street Road, Miami, Florida, ("Property"), is approximately 5.2 acres in size, rectangular, under single ownership, and provides opportunities for enhanced design and functionality along the Miami River; and WHEREAS, the Property owner, Miami Riverview Apts., Inc., has voluntarily proffered a covenant, attached as Exhibit B, that restricts the maximum number of dwelling units to six hundred fifty (650) dwelling units on the site; and WHEREAS, the Property was previously zoned R-3, "Multifamily Medium - Density Residential", with a maximum density of sixty-five (65) units per net acre under the City's former Zoning Code 11000, and was rezoned to T5-L, "Urban Center - Restricted", in April 2010, per the Miami 21 Code, Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the proposed zoning change is in harmony with the requested land use pattern and the adjacent and nearby districts; and WHEREAS, the abutting property to the immediate west is zoned T6-8-O and the abutting property to the immediate east is zoned T5-R; therefore, the proposed T6-8-L zoning would create a transition between all the abutting properties; and WHEREAS, the proposed rezoning of the Property will create a more walkable neighborhood with access to the waterfront as stated in the guidelines for the development of the Riverwalk, which may be found in Appendix B of the Miami 21 Code; and WHEREAS, the Property is located in the Durham Park/West Little Havana Infill area of the City of Miami Page 1 of 3 File Id: 16-000527c (Version: 3) Printed On: 5/17/2018 File Number: 16-00052zc Enactment Number: 13621 Miami River Corridor Urban Infill Plan, where additional uses are anticipated; and WHEREAS, the proposed zoning change is not out of scale with the needs of the neighborhood or the City; and WHEREAS, changing conditions make the passage of the proposed change necessary; and WHEREAS, there are substantial reasons why the use of the Property is unfairly limited under existing zoning; and WHEREAS, the proposed rezoning will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed change will 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 and its inhabitants to approve this change of zoning classification with the attached restrictive covenant 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 5.2 acres from T5-L, "Urban Center - Limited", to T6-8-L, "Urban Core - Limited", for the property located at approximately 2501 and 2507 Northwest 16 Street Road, Miami, Florida, as described in Exhibit A, attached and incorporated. Section 3. The voluntary covenant proffered by the applicant, attached as Exhibit B, is accepted and approved by the City Commission. Section 4. The applicant shall record the covenant, attached as Exhibit B, within thirty (30) days of the effective date of this Ordinance. Section 5. 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 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes. {1} City of Miami Page 2 of 3 File Id: 16-000527c (Version: 3) Printed On: 5/17/2018 File Number: 16-00052zc Enactment Number: 13621 Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) calendar 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 3 of 3 File Id: 16-000527c (Version: 3) Printed On: 5/17/2018