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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "T3 -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.
LOCATION: Approximately 1515, 1529 and 1543 NW South River Dr [Commissioner Wifredo
(Willy) Gort- District 1 ]
APPLICANT(S): Ben Fernandez, Esq. on behalf of 1515 Miami River, LLC
PURPOSE: This will allow a change of zoning of three (3) parcels. The parcels are located
west of NW 16 Avenue abutting Miami River on the north and NW South River Dr. to the south.
The proposed change of zoning is from "73-L" Sub -Urban Transect Zone - Limited to "74-R"
General Urban Transect Zone Restricted as a successional Transect Zone along NW 7 Avenue.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on November 1, 2017, by
a vote of 8-0.
City of Miami File ID: 3404 (Revision: 8) Printed On: 9/26/2018
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Enactment Number:13754
File Number: 3404 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 73-1_,°° 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 File ID: 3404 (Revision: 8) Printed On: 9/26/2018
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
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
City of Miami File ID: 3404 (Revision: 8) Printed On: 9/26/2018
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:
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 File ID: 3404 (Revision: 8) Printed On: 9/26/2018