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Home My WebLink AboutO-13955City of Miami Ordinance 13955 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7783 Final Action Date: 12/10/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R", SUB -URBAN TRANSECT ZONE -RESTRICTED, TO "T4-L", GENERAL URBAN TRANSECT ZONE -LIMITED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4214 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE VOLUNTARY COVENANT ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 15, 2020, the Planning, Zoning and Appeals Board ("PZAB"), at a duly noticed public hearing, considered PZAB Item No. 4 and passed Resolution No. PZAB-R- 20-024, failing to recommend approval to the City Commission by the required supermajority vote as there was a motion to approve that received five (5) votes in favor and four (4) votes against; and WHEREAS, Gilberto Padin ("Owner") owns the property located at approximately 4214 Southwest 3 Street, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated ("Property"); and WHEREAS, the Property is currently zoned on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), as "T3-R", Sub -Urban Transect Zone -Restricted; and WHEREAS, the Owner is requesting to change the zoning classification of the Property from "T3-R", Sub -Urban Transect Zone -Restricted, to "T4-L", General Urban Transect Zone - Limited; and WHEREAS, a concurrent application (File ID No. PZ-19-2689) was submitted to amend the Future Land Use Map ("FLUM") designation of the Miami Comprehensive Neighborhood Plan ("MCNP") for the Property from "Single Family Residential" to "Restricted Commercial"; and WHEREAS, the Planning Department found that the proposed "T4-L", General Urban Transect Zone —Limited, zoning classification would result in additional height, density, and building mass that is compatible with the existing uses to the north, south, and east of the Property; and WHEREAS, the Property consists of approximately 6,420 square feet (0.147 acres) of area; and City of Miami Page 1 of 5 File ID: 7783 (Revision: B) Printed On: 5/13/2025 File ID: 7783 Enactment Number: 13955 WHEREAS, the Property fronts Southwest 3 Street, Miami, Florida and is in close proximity to a major thoroughfare, Southwest 42 Avenue (South Le Jeune Avenue), Miami, Florida; and WHEREAS, the Property is currently developed with a 1,610 square feet single-family structure constructed in 1939; and WHEREAS, the Planning Department found that the change in zoning classification would further fortify a buffer of "T4-L," General Urban Transect Zone -Limited, parcels between "T3-R," Sub -Urban Transect Zone -Restricted, and "T6-8-O," Urban Core Transect Zone -Open which currently exists in the area; and WHEREAS, the Planning Department recommends approval of the change in zoning classification; and WHEREAS, the City Commission has considered the Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B" ("Covenant"), which was voluntarily proffered by the Applicant to limit the development of the Property as summarized below: In the event the Property is zoned "T4-L," General Urban Transect Zone -Limited, and the land use designation is changed to "Restricted Commercial" or "Medium Density Restricted Commercial", the Property may be developed as an Integrated Development defined in the Covenant for lodging, residential, or any other use permitted by the Miami 21 Code, land use regulations, and the following conditions, restrictions, and criteria shall apply: o The Property may be used for pedestrian ingress and egress to the Integrated Development and may contain parking spaces screened from public view as well as a parking ramp leading to second and third floor parking areas only if permitted by the Code of the City of Miami, Florida, as amended ("City Code"), the Miami 21 Code, and all other applicable requirements. o The Integrated Development may include a single building structure spanning the boundary line between the Property and the Adjacent Property to create a single unified building structure only if permitted, pursuant to the City Code, the Miami 21 Code, and all other applicable requirements. o No portion of a building on the Property shall be located closer than 14 feet to the west boundary line of the Property ("West Landscape Buffer Area"). No parking shall be permitted within the West Landscape Buffer Area, which shall be used exclusively as open space and landscaping. No portion of a building on the Property shall be located closer than 10 feet to the north boundary line (fronting on Southwest 3 Street) or closer than 5 feet to the south boundary line of the Property. The setback between the Property and the Adjacent Property to the east shall be 0'.00". o The maximum lot coverage on the Property shall be 3,580 SF (58%). City of Miami Page 2 of 5 File ID: 7783 (Revision: B) Printed on: 5/13/2025 File ID: 7783 Enactment Number: 13955 o Maximum number of stories of any structure located on the Property shall be three (3) stories and maximum height shall be 40 feet. o Not more than ten (10) lodging units or more than five (5) residential units shall be permitted on the Property. o There shall be no vehicular ingress and egress from Southwest 3 Street to the Integrated Development; however, a loading/delivery area and trash pickup may be located on Southwest 3 Street. Deliveries shall be limited to the hours between 7:00 a.m. and 4:00 p.m., Monday through Friday. o The West Landscape Buffer Area shall contain no less than 3 live oak trees 14' to 16' in height and 4 silver buttonwood trees 10' to 12' in height, or any other combination of similar trees pre -approved by the City of Miami ("City"). The Property and the Adjacent Property shall be landscaped in substantial accordance to the plans by Mariano Corral Landscape Architect, P.A. ("Landscape Plan") attached to the Covenant as Exhibit "C." The Landscape Plan may be revised or adjusted to accommodate final approved and permitted architectural drawings for any building on the Property or the Adjacent Property. o Nothing herein contained in the Declaration shall prohibit the Owner from requesting and obtaining relief from any section of the Miami 21 Code, land use code, or City Code, including, by way of illustration and not limitation, rezonings, land use amendments, warrants, waivers, exceptions, variances, determinations, and interpretations. The Owner shall also provide the following public benefits to be completed and fulfilled within 90 days of the expiration of all applicable appeal periods for the rezoning of the Property, with the exception of the job creation and employment opportunities and public art: o Job Creation and Employment Opportunities. Priority hiring shall be given to those individuals residing near the Property and surrounding neighborhoods in the following priority: 1st Priority: Those residing in the following ZIP codes in the City: 33134, 33126, 33135, and 33145 2nd Priority: Those residing in all other areas of the City and Miami - Dade County. o Street Trees. The Owner will contribute Sixteen Thousand Dollars ($16,000.00) to the City's Tree Trust Fund for the express purpose of covering the cost associated with planting eight (8) trees along Southwest 3 Street between Southwest 43 Avenue and Southwest 42 Avenue as part of the Integrated Development. Any remaining funds from this contribution shall be expended in accordance with Section 62-302 of the City Code. City of Miami Page 3 of 5 File ID: 7783 (Revision: B) Printed on: 5/13/2025 File ID: 7783 Enactment Number: 13955 o Public Art. The Owner agrees to incorporate a public art component as part of the Integrated Development. Said public art shall be reviewed and approved by the Planning Director or designee. o There shall be no vehicular ingress and egress from Southwest 3 Street. o Arts Funding. The Owner further agrees to contribute Two Thousand Five Hundred Dollars ($2,500.00) to the City's Public Art Fund for the express purpose of supporting the visual and performing arts programing at Kinloch Park Elementary School in accordance with Section 62-661 of the City Code. o Traffic Calming. Prior to the issuance of the certificate of occupancy or temporary certificate of occupancy for any building within the Integrated Development, the Owner shall contribute the amount of $20,000.00 to the City to be used exclusively in the construction or installation of traffic calming devices between Southwest 42 Avenue and Southwest 44 Avenue and between Southwest 2 Street and Southwest 5 Street. o Restricted Residential Parking Permit Program. The Owner shall participate and support efforts of the residents of the neighborhood adjacent to and the Property to establish a Restricted Residential Parking Permit Program in the area; and WHEREAS, the Covenant does not affect review criteria and is not considered in the Planning Department's analysis; and WHEREAS, consideration has been given to the need and justification for the change in zoning classification, including changing and changed conditions that make the change in zoning classification necessary; and WHEREAS, consideration has been given to the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; NOW, THEREFORE, BE IT ORDANED 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 City Commission hereby amends the Zoning Atlas of the Miami 21 Code by changing the zoning classification of the Property from "T3-R", Sub -Urban Transect Zone —Restricted, to "T4-L", General Urban Transect Zone -Limited. City of Miami Page 4 of 5 File ID: 7783 (Revision: B) Printed on: 5/13/2025 File ID: 7783 Enactment Number: 13955 Section 3. The Covenant voluntarily proffered by the Applicant, attached and incorporated as Exhibit "B", 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 should not be affected. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes, and Section 163.3187(5)(c), Florida Statutes. APPROVED AS TO FORM AND CORRECTNESS: 9/10/2020 ria r dez ity Attor City of Miami Page 5 of 5 File ID: 7783 (Revision: B) Printed on: 5/13/2025