HomeMy WebLinkAboutO-13765City of Miami
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try Ordinance: 13765
File Number: 3112
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/12/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING
ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE
ZONING CLASSIFICATION FROM 74-1- TRANSECT ZONE," GENERAL URBAN
TRANSECT -LIMITED, TO 75-0 TRANSECT ZONE," URBAN CENTER
TRANSECT -OPEN, FOR THE PROPERTIES LOCATED AT 3700 SOUTHWEST
28 STREET AND 2810, 2814, 2816, AND 2818 SOUTHWEST 37 AVENUE,
MIAMI, FLORIDA; 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, failed to make a recommendation of approval of
the proposed zoning change as stated herein; and
WHEREAS, the properties located at 3700 Southwest 28 Street and 2810, 2814, 2816,
and 2818 Southwest 28 Street, Miami, Florida, as more particularly described in Exhibit "A,"
attached and incorporated ("Properties"), are currently located in a 74-1- Transect Zone,"
General Urban Transect -Limited; and
WHEREAS, 2814/16 SW 37, LLC ("Applicant") proposes to change the zoning
classification to 75-0 Transect Zone," Urban Center Transect -Open, for the Properties; and
WHEREAS, the proposed zoning change maintains the goals of Ordinance No. 13114,
as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") to provide
transitions in intensity and building heights among Transect Zones; and
WHEREAS, the proposed zoning change will maintain the same or similar population
density pattern and thereby does not increase and overtax the load on public facilities such as
schools, utilities, and streets; and
WHEREAS, the proposed zoning change will contribute to the improvement of
development of properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed zoning change is within easy walking distance to a bus stop
across the street at Southwest 28 Street, which will provide solo vehicle driver trip alternatives
to visitors of the Properties; and
WHEREAS, the proposed zoning change will not result in the allowance of uses such as
Entertainment Establishments by Right or alcohol beverage establishments by Exception, which
would potentially disrupt and negatively impact the Residential neighborhood to the east, west,
and south of the Properties; and
WHEREAS, the proposed zoning change is consistent with the goals of the Miami 21
Code as the request is compatible with the surrounding zoning districts and provides an
appropriate zoning transition; and
City of Miami Page 1 of 3 File ID: 3112 (Revision: C) Printed On: 7/30/2018
File ID: 3112 Enactment Number: 13765
WHEREAS, the Applicant has voluntarily proffered a restrictive covenant ("Covenant")
for these parcels, attached and incorporated as Exhibit "B," that offers restrictions and
covenants as identified in Article 4, Table 3 of the Miami 21 Code; and
WHEREAS, the Covenant has been reviewed as to content by the Planning Department
and as to legal form by the Office of the City Attorney; and
WHEREAS, in the Covenant, the Applicant proposes to restrict the use of all parcels
from containing a Car wash, Gas station, Major mechanical work, Body work, Welding uses, or
any work involving noise, glare, fumes, or smoke, all of which are considered auto -related
industrial activities; and
WHEREAS, in the Covenant, the Applicant further proposes to restrict the sale of alcohol
or from operating an alcohol service establishment as the term is defined in Section 1.1.d. of the
Miami 21 Code, including but not limited to bars, taverns, cocktail lounges, nightclubs, or supper
clubs; and
WHEREAS, although the Applicant has proffered the Covenant to reduce the impact of
certain uses, the Planning Department continues to recommend against the proposed zoning
change; and
WHEREAS, the Covenant as modified at the request of the City will evaluate low
income housing eligibility relative to certain housing considerations referenced therein based on
applicable standards for those individuals whose income is at or below 80 percent of Area
Median Income based on City of Miami standards and certified by the City of Miami Department
of Community Development; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City and its inhabitants to grant the proposed
zoning change as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 approves the amendment of the Zoning Atlas of
Ordinance No. 13114, as amended, by changing the zoning classification from 74-L Transect
Zone", General Urban Transect Zone -Limited, to 75-0 Transect Zone," Urban Center Transect
Zone -Open, for the Properties.
Section 3. 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.'
' 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: 3112 (Revision: C) Printed on: 7/30/2018
File ID: 3112
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ' ndez, Cify Attor iey 6/812018
Enactment Number: 13765
City of Miami Page 3 of 3 File ID: 3112 (Revision: C) Printed on: 7/30/2018