HomeMy WebLinkAboutO-13635City of Miami
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Ordinance: 13635
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00974zc Final Action Date: 9/22/2016
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 FROM T3-L, "URBAN TRANSECT
ZONE -LIMITED", TO T4-L, "GENERAL URBAN CENTER TRANSECT
ZONE -LIMITED", AND T4-L, "GENERAL URBAN CENTER TRANSECT
ZONE -LIMITED", TO T4-O, "GENERAL URBAN CENTER TRANSECT ZONE -
OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 4201 NORTHWEST
2ND AVENUE, 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
October 21, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-071 by
a vote of eleven to zero (11-0), item no. 4, recommending APPROVAL, with conditions, of the Zoning
Change as set forth; and
WHEREAS, the Applicant, 4201 Design West, LLC ("Applicant"), has voluntarily proffered a
covenant, attached as Exhibit "B", that prohibits outdoor dining, prohibits any nightclub, lounge or any
Alcohol Beverage Establishment as defined in the Miami 21 Code, the Zoning Ordinance of the City
of Miami, Florida, as amended ("Miami 21 Code"), prohibits commercial use above the ground level,
prohibits uses other than residential above the ground floor, limits the height of any structures to two
(2) stories and twenty-five (25) feet in height, and requires an enhanced landscape buffer; 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, as amended, is further amended by
changing the zoning classification from T3-L, "Urban Transect Zone -Limited", to T4-L, "General Urban
Center Transect Zone -Limited", and T4-L, "General Urban Center Transect Zone -Limited", to T4-O,
"General Urban Center Transect Zone -Open", for the property located at approximately 4201
Northwest 2nd Avenue, 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)
City of Miami
Page 1 of 2 File Id: 15-00974w (Version: 4) Printed On: 5/25/2018
File Number: 15-00974zc Enactment Number: 13635
days of the effective date of this Ordinance.
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. 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 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}
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 2 of 2 File Id: 15-00974w (Version: 4) Printed On: 5/25/2018