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HomeMy WebLinkAboutO-13655City of Miami q Legislation Ordinance: 13655 File Number: 1051 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/12/2017 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 OF PROPERTIES LOCATED AT APPROXIMATELY 1547 NORTHWEST 24 STREET AND 1548 NORTHWEST 26 STREET, MIAMI, FLORIDA, FROM T3 -L, "SUB -URBAN TRANSECT ZONE - LIMITED", TO T4 -L, "GENERAL URBAN TRANSECT ZONE - LIMITED"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 24th and 17th Avenue Venture, LLC ("Applicant") applied for a Zoning Change for the properties located at approximately 1665 Northwest 24 Street and 2401 Northwest 17 Avenue from T6-8-0, "Urban Core Transect Zone - Open", to T6 -8-L, "Urban Core Transect Zone - Limited" (" T6 Request") in addition to a Zoning Change for the properties located at approximately 1547 Northwest 24 Street and 1548 Northwest 26 Street from T3 -L, "Sub -Urban Transect Zone - Limited", to T4 -L, "General Urban Transect Zone - Limited" (74 Request"); and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 21, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R- 16-056 by a vote of five to two (5-2), item No. PZAB. 12, recommending DENIAL of the Zoning Change as set forth; and WHEREAS, the Applicant voluntarily proffered a covenant at the October 27, 2016 City Commission meeting, attached as Exhibit "B", proposing to restrict the use of the T4 Request properties to parking for the planned Sedano's Supermarket on the T6 Request properties and providing for an enhanced landscape buffer; and WHEREAS, on first reading on October 27, 2016, the City Commission passed the T4 Request but denied the T6 Request for a Zoning Change; 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 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 T3 -L, "Sub -Urban Transect Zone — Limited", to T4 -L, "General Urban Transect Zone - Limited", for the properties located at approximately 1547 City of Miami Page 1 of 2 File ID: 1051 (Revision: 8) Printed On: 7/2/2018 File ID: 1051 Enactment Number: 13655 Northwest 24 Street and 1548 Northwest 26 Street, 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. 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, the Zoning Ordinance of the City of Miami, Florida, as amended, 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.' APPROVED AS TO FORM AND CORRECTNESS: 1 Un ndez, City Attor ey 6/2/2017 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: 1051 (Revision: 8) Printed on: 7/2/2018