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Home My WebLink AboutO-13754City of Miami op Legislation alldl 11 li.RR cl + Ordinance: 13754 File Number: 3404 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/22/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 73-L," SUB -URBAN -LIMITED, TO 74-R," GENERAL URBAN—RESTRICTED, FOR APPROXIMATELY 1.77 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543 NORTHWEST SOUTH RIVER 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 November 1, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17- 081 by a vote of eight to zero (8-0), Item No. PZAB.2, recommending denial of the Zoning Change; and WHEREAS, the applicant has submitted an application to change the zoning classification from 73-L," Sub -Urban -Limited, to 74-R," General Urban -Restricted, for the properties located at approximately 1515, 1529, and 1543 Northwest South River Drive, Miami, Florida and notice has been taken of the arguments contained in the application and its exhibits in support of this change of zoning classification ; and WHEREAS, in the opinion of the Planning Department, the proposed zoning change is not in harmony with the established land use pattern and the adjacent and nearby districts; and WHEREAS, in the opinion of the Planning Department, the proposed zoning change will increase the intensity of allowed uses and density of the subject properties, which will be inconsistent with the current neighborhood context; and WHEREAS, in the opinion of the Planning Department, the proposed zoning change is out of scale with the needs of the neighborhood and the City of Miami ("City"); and WHEREAS, in the opinion of the Planning Department, the proposed zoning change will create an isolated area of 74-R," General Urban -Restricted, where 73-L," Sub -Urban - Limited currently exists cohesively with neighboring properties to the south, east, and west; and WHEREAS, in the opinion of the Planning Department, the proposed zoning change will increase the height of the buildings allowed for the subject properties that will be inconsistent within the current neighborhood context; and WHEREAS, in the opinion of the Planning Department, the proposed zoning change will increase population and introduce congestion to the immediate neighborhood and community by allowing thirty-six (36) dwelling units per acre where nine (9) dwelling units per acre are currently allowed; and City of Miami Page 1 of 3 File ID: 3404 (Revision: 8) Printed On: 9/26/2018 File ID: 3404 Enactment Number: 13754 WHEREAS, in the opinion of the Planning Department, the proposed zoning change will not maintain the same or similar population density pattern and thereby does increase and overtax the load on public facilities such as schools, utilities, and streets; and WHEREAS, in the opinion of the planning Department, the proposed zoning change and potential development is not in keeping with the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the applicant has voluntarily proffered a restrictive covenant ("Covenant") for these parcels, executed by the applicant on April 20, 2018, attached and incorporated as Exhibit "B,", that offers restrictions and covenants as identified in Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, by submitting the voluntarily proffered Covenant into the record and having such covenant accepted by the City Commission the Applicant and its successors and assigns shall record such covenant in the public records and are bound by all voluntary declarations, terms and stipulations set forth therein ; and, WHEREAS, the Covenant proposes to provide a waterfront walkway with public access from 6:00 a.m. until 10:00 p.m.; and WHEREAS, the waterfront walkway ( also known as a river walk) will be designed in accordance with Article 3, Section 3.11 and Appendix B of the Miami 21 Code; and WHEREAS, although the proffered Covenant provides a waterfront walkway to serve the public by providing public access, the proposed change of zoning from 73-1-," Sub -Urban - Limited, to 74-R," General Urban -Restricted, in the opinion of the Planning Department, remains incompatible with the harmonious transect pattern of the area and does not protect the established low density single family residential neighborhood; and WHEREAS, the Planning Department has recommended against the zoning change even after consideration of the Covenant; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on November 1, 2017, considered the testimony and evidence presented, following a duly noticed and advertised public hearing, where an opportunity to be heard was afforded to all parties and members of the public in attendance at the aforementioned meeting, adopted Resolution No. PZAB-R-17-081 by a vote of eight to zero (8-0) for Item No. PZAB.1, recommending denial of the zoning change stated herein; and WHEREAS, the City Commission after careful consideration of this matter, including consideration of the testimony and evidence presented , following a duly noticed and advertised public hearing, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to adopt and approve this zoning change as hereinafter set forth; and WHEREAS, the City Commission directed the City of Miami's Planning Department's staff to conduct a study of the subject property for change of transect zone area to determine whether an up zoning of the area is appropriate to match the change of zoning request before the Commission; and City of Miami Page 2 of 3 File ID: 3404 (Revision: B) Printed on: 9/26/2018 File ID: 3404 Enactment Number: 13754 WHEREAS, the City Commission having considered all the evidence in the record, including , without limitation, this application to change the zoning finds that there is competent and substantial evidence to support this zoning change to the next intensity transfect zone and the City Commission finds considering the criteria for rezoning in Section 7.1.2.8 of the Miami 21 Code , which is deemed as being incorporated by reference as if set forth herein, that this request zoning change be approved; 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 Resolution 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 73-L," Sub -Urban -Limited, to 74-R," General Urban - Restricted, for approximately 1.77 acres (77,101 square feet) of land located at approximately 1515, 1529, and 1543 Northwest South River Drive, Miami, Florida, as more particularly described in "Exhibit A". 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.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i�t_ndez, Cify Attor iey 9/17/2018 ' 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 3 of 3 File ID: 3404 (Revision: B) Printed on: 9/26/2018