HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: 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 FROM 73-R," SUB -URBAN TRANSECT ZONE -
RESTRICTED, WITHIN THE "NCD -3," COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT, TO "73-0," SUB-
URBAN TRANSECT ZONE - OPEN, WITHIN THE "NCD -3," COCONUT
GROVE NEIGHBORHOOD CONSERVATION DISTRICT, OF THE REAL
PROPERTIES LOCATED AT APPROXIMATELY 2900 SOUTH MIAMI
AVENUE AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL
HIGHWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2900 South Miami Ave, 2890, 2900, 2920, 2940 and 2960 South
Federal Hwy [Commissioner Ken Russell - District 2]
APPLICANT(S): Jorge Navarro, Esq., on behalf of Southern Investment Group Corp.
PURPOSE: This will change the above property 73-R" Sub -Urban Transect Zone -Restricted
with NCD -3 "Coconut Grove Neighborhood Conservation District" overlay to 73-0" Sub -Urban
Transect Zone -Open with NCD -3 "Coconut Grove Neighborhood Conservation District" overlay.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 18, 2017,
by a vote of 8-0.
City of Miami File ID: 3200 (Revision: A) Printed On: 4/11/2018
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City of Miami
`ass
Legislation
U R
Ordinance:13741
File Number: 3200
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/25/2018
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 FROM 73-R," SUB -URBAN TRANSECT
ZONE - RESTRICTED, WITHIN THE "NCD -3," COCONUT GROVE NEIGHBORHOOD
CONSERVATION DISTRICT, TO 73-0," SUB -URBAN TRANSECT ZONE - OPEN,
WITHIN THE "NCD -3," COCONUT GROVE NEIGHBORHOOD CONSERVATION
DISTRICT, OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 2900 SOUTH
MIAMI AVENUE AND 2890, 2900, 2920, 2940, AND 2960 SOUTH FEDERAL HIGHWAY,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties located at approximately 2900 South Miami Avenue and
2890, 2900, 2920, 2940, and 2960 South Federal Highway, Miami, Florida, as more particularly
described in Exhibit "A" ("Properties"), are currently zoned 73-R," Sub -Urban Transect Zone -
Restricted, within the "NCD -3," Coconut Grove Neighborhood Conservation District; and
WHEREAS, Southern Investment Group Corp. ("Applicant") has submitted an
application to change the zoning classification of the Properties to 73-0," Sub -Urban Transect
Zone - Open, within the "NCD -3," Coconut Grove Neighborhood Conservation District; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of Ordinance
No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"),
and particularly in relation to the effects on adjoining properties; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City of Miami
("City") regulations; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
18, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-080 by a
vote of eight to zero (8-0), Item No. PZAB.8, recommending approval of the proposed zoning
change; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants,
attached hereto and incorporated herein as Exhibit "B," which limits the development as
summarized below:
A. Site Plan. Contingent upon approval through the City permitting process, the use
of the Properties shall be established and maintained in substantial conformity
with that certain site plan entitled, "South Federal Hwy. Parcel," as prepared by
Borges Architects + Associates dated July 20, 2017 ("Site Plan") and the total
number of residential units shall not exceed seventeen (17) units.
B. Permitted Uses. The uses on the Properties shall be limited to residential uses.
City of Miami File ID: 3200 (Revision: A) Printed On: 4/11/2018
C. Residential Density. The maximum number of dwelling units permitted on the
Properties shall be seventeen (17) units.
D. Single Family Residence. Notwithstanding the rezoning of the Property to "73-
0," Sub -Urban Transect Zone - Open, located within the "NCD -3," Coconut
Grove Neighborhood Conservation District, the development of the Properties
shall include a minimum 5,000 square foot lot at the intersection of US -1 and
Southwest 30th Road (comprising a portion of the Lot identified by Folio No.: 01-
4139-001-17404140-007-0010) which in no event shall said Lot be constructed
with any non -single-family structure.
E. Setbacks. The residential units that abut the rear yard of the existing single-
family structure located on Lot 13 according to the plat recorded in Plat Book 42,
Page 73 of the Public Records of Miami -Dade County, Florida (identified by Folio
No. 01-4139-003-0030), shall be constructed with a minimum rear setback of
twenty-five (25) feet as reflected in the Site Plan.
F. Access. The Properties shall be served by rear vehicular access. Vehicular
access along Southwest 30th Road shall be limited to ingress only. Ingress and
egress along South Miami Avenue shall be limited to right -turn -in and right -turn-
out only. In no event shall a curb cut or access be permitted along the US -1
frontage within two hundred (200) feet of Southwest 30th Road.
G. Landscape Buffers. The Applicant agrees to provide an opaque landscape buffer
along the rear (South) property line consisting of a twelve (12) foot high hedge
along the southern boundary of the Property consistent with the requirements of
the Miami 21 Code. Additionally, the Applicant shall install an aluminum post
fence along the southern boundary of the Properties at a height compliant with
the requirements of the Miami 21 Code.
H. Architectural Style. The architecture of the proposed residential units at the
Properties will include warm fagade materials such as hard woods, stone
veneers, and specialty metals of quality. The overall building envelope will be
finished with smooth stucco and a palette of at least four (4) colors; and
WHEREAS, the Applicant entered into a Settlement Agreement dated October 17, 2017
with certain neighbors to the Properties, a copy of which was provided to the City and is
attached hereto and incorporated herein as Exhibit "C; and
WHEREAS, the City Commission considered the need and justification for the proposed
rezoning due to changing conditions that make the passage of the proposed change necessary;
and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provides transitions in intensity and building height; 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 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.
City of Miami File ID: 3200 (Revision: A) Printed On: 4/11/2018
Section 2. The Zoning Atlas of the Miami 21 Code is further amended by changing the
zoning classification from 73-R," Sub -Urban Transect Zone - Restricted, within the "NCD -3,"
Coconut Grove Neighborhood Conservation District, to 73-0," Sub -Urban Transect Zone -
Open, within the "NCD -3," Coconut Grove Neighborhood Conservation District, for the
Properties as more particularly described in Exhibit "A", attached and incorporated.
Section 3. The City Commission accepts the voluntarily proffered covenant, attached
and incorporated herein as Exhibit "B." The covenant shall be recorded within thirty (30) days
after City Commission's adoption of this Ordinance and the Applicant shall provide a copy of the
recorded covenant to the City Attorney's Office and to the Planning Department within ten (10)
days of recordation.
Section 4. 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 5. This Ordinance may not become effective until thirty-one (31) days after
adoption at second reading pursuant and subject to Section 163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
1 1
Una ndez, City Attor ey 1 21412 0 1 7 i 4i(indez, City Attor iey 1/16/2018
City of Miami File ID: 3200 (Revision: A) Printed On: 411112018