HomeMy WebLinkAboutO-13723City of Miami
Ordinance 13723
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3073 Final Action Date: 12/14/2017
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 "T5-O," URBAN
CENTER - OPEN, TO "T6-8-0," URBAN CORE — OPEN, AND FROM "T6-12-0,"
URBAN CORE — OPEN, TO "T6-8-O," URBAN CORE - OPEN, FOR THE
APPROXIMATELY .998 ACRES OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 2850 TIGERTAIL AVENUE AND 2765 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
4, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-054 by a
vote of nine to zero (9-0), recommending approval of the proposed zoning change as stated
herein; and
WHEREAS, the applicant has submitted an application to change the zoning
classification from "T5-0," Urban Center - Open, to "T6-8-0," Urban Core - Open, and from "T6-
12-0," Urban Core - Open, to "T6-8-0," Urban Core - Open, for the approximately .998 acres of
real properties located at approximately 2850 Tigertail Avenue and 2765 South Bayshore Drive,
Miami, Florida; and
WHEREAS, the proposed zoning change is in harmony with the established land use
pattern and the adjacent and nearby districts; and
WHEREAS, the proposed zoning change may increase the intensity of allowed uses and
density; and
WHEREAS, the proposed zoning change will increase the height of the buildings
allowed for the portion being rezoned from "T5-0," Urban Center - Open, to "T6-8-0," Urban
Core - Open; and
WHEREAS, the proposed zoning change from "T6-12-0," Urban Core - Open, to "T6-8-
0," Urban Core - Open, will decrease the height of the buildings allowed for the portion
proposed to be rezoned accordingly; and
WHEREAS, the proposed zoning change will decrease the intensity of allowed uses and
density, specifically for the portion being rezoned from "T6-12-0," Urban Core - Open, to "T6-8-
0," Urban Core - Open; and
WHEREAS, the proposed zoning change will increase population in the community by
allowing one hundred fifty (150) dwelling units per acre where sixty-five (65) dwelling units per
acre are currently allowed; and
City of Miami Page 1 of 3 File ID: 3073 (Revision: A) Printed On: 3/25/2025
File ID: 3073 Enactment Number: 13723
WHEREAS, the applicant has voluntarily proffered two (2) restrictive covenants
("Covenant") for these parcels, attached as Composite Exhibit "B," that offer restrictions and
covenants pursuant to Article 4, Table 3 of Ordinance No. 13114, as amended, the Zoning
Ordinance of the City of Miami, Florida ("Miami 21 Code"), to counterbalance the new density,
intensity, and added height in the area; and
WHEREAS, in the voluntary covenant for the site at 2765 South Bayshore Drive, Miami,
Florida, the applicant proposes to restrict the use of the parcel to a Plaza use and design in
accordance with the Miami 21 Code; and
WHEREAS, in the voluntary covenant for the site at 2850 Tigertail Avenue, Miami,
Florida, the applicant proposes to restrict the maximum height for new construction on the site
to one hundred twenty-three (123) feet; and
WHEREAS, the Covenant has been reviewed as to content and form by the Planning
Director and the Office of the City Attorney; and
WHEREAS, although the applicant has proffered the Covenant to reduce the impact of
certain uses and PZAB voted favorably on this item, the Planning Department continues to
recommend against the proposed zoning change; and
WHEREAS, the City Commission, after careful consideration of this matter including,
without limitation, evidence considered by the City Commission, deems it advisable and in the
best interest of the general welfare of the City and its inhabitants to approve this proposed
zoning change 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 "T5-O," Urban Center — Open, to "T6-8-O," Urban
Core - Open, and from "T6-12-0," Urban Core - Open, to "T6-8-O," Urban Core - Open, for
approximately .998 acres (43,494 square feet) of real properties located at approximately 2765
South Bayshore Drive and 2850 Tigertail Avenue, Miami, Florida, as more particularly described
in Exhibit "A."
Section 3. The Covenant as voluntarily proffered by the applicant is accepted by the
City Commission.
Section 4. This Ordinance shall become effective ten (10) days after approval at second
reading.'
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 3 File ID: 3073 (Revision: A) Printed on: 3/25/2025
File ID: 3073 Enactment Number: 13723
APPROVED AS TO FORM AND CORRECTNESS:
. II
11/6/2017 1 rtb ia`iddez, ity ttor
ley ) 1/23/2018
City of Miami Page 3 of 3 File ID: 3073 (Revision: A) Printed on: 3/25/2025