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HomeMy WebLinkAboutO-13683City of Miami op Legislation alldl 11 li.RR cl + try Ordinance 13683 File Number: 2041 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/25/2017 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 THE SOUTHERN PORTION OF THE PROPERTIES LOCATED AT 3252 SOUTHWEST 22ND STREET AND 3277 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA FROM 74-R", URBAN GENERAL RESTRICTED, TO "74-L", URBAN GENERAL LIMITED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Coral Way Acquisition Properties, LLC ("Applicant") applied for a zoning change for properties located at 3252 Southwest 22nd Street ("Parcel 1") and 3277 Southwest 22nd Terrace ("Parcel 2"), which were zoned "C-1", Restricted Commercial, and "R-2", Two - Family Residential District, under the previous zoning code and subsequently rezoned, on April 2010, through the adoption of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), to 75-0", Urban Center Zone -Open, and 74-R" Urban General -Restricted, for Parcel 1 and 74-R", Urban General -Restricted, for Parcel 2; and WHEREAS, the property owner has voluntarily proffered a Declaration of Restrictive Covenants, attached herein as "Exhibit B", that restricts the use of the portion of the property subject to the rezoning to parking, specifically tied to the commercial establishment(s) located on the property; and WHEREAS, the properties have a combined area of approximately 1. 15 acres that are under single ownership, approximately 0.93 acres of which are subject to this rezoning request; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 1, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-017 by a vote of eight to one (8-1), Item No. PZAB.2, recommending approval of the proposed zoning changes; and WHEREAS, the proposed zoning changes are consistent with the goals of the Miami 21 Code as the request is compatible with the surrounding zoning districts providing appropriate zoning transitions; 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 with the attached restrictive covenant 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. City of Miami Page 1 of 2 File ID: 2041 (Revision:) Printed On: 9/20/2017 File ID: 2041 Enactment Number: 13683 Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification for the southern portion of Parcel 1 and the entire portion of Parcel 2 from 74-0", Urban General -Open, to 74-L", Urban General -Limited, as described in "Exhibit A", attached and incorporated. Section 3. 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 4. 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 reentered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. 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 'A(T­tf1 . i ria i ' ndez, City Httor ey 4/18/2017 ' 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: 2041 (Revision:) Printed on: 912012017