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Ordinance:
File Number: 4412
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/25/2018
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 73-0," SUB -URBAN —
OPEN, TO 74-R," GENERAL URBAN — RESTRICTED, FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3710 NORTHWEST 13 AVENUE AND 1329
NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED
DECLARATION OF RESTRICTIVE COVENANTS; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the real properties located at approximately 3710 Northwest 13 Avenue and
1329 Northwest 37 Street, Miami, Florida ("Properties"), which are approximately 0.55 acres
(24,000 square feet), are currently zoned 73-0," Sub -Urban - Open; and
WHEREAS, STW Real Estate, LLC and Soto Holdings and Investments, Inc.
(collectively, "Applicants") have submitted an application to change the zoning classification to
74- R," General Urban — Restricted; and
WHEREAS, the Planning Department recommended denial of the request, since the
proposed zoning change would increase the intensity of allowed uses, the density of the
Properties would be out of scale with the surrounding neighborhood, and the application
appears to create an isolated pocket of 74-R," General Urban — Restricted; and
WHEREAS, the Properties are located within a Transit Oriented Development ("TOD");
and
WHEREAS, the Applicants have voluntarily proffered a restrictive covenant, running with
the land ("Covenant") for the Properties, that provides restrictions on the uses, heights, and
future development of the Properties; and
WHEREAS, the Covenant for the Properties proposes the following restrictions:
1. The future development of the Properties shall be limited to permissible
residential uses under the 74-R," General Urban - Restricted, pursuant to Article
4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code").
2. All future residential units constructed on the Properties may be sold or rented
only as Workforce Housing, as defined by Section 1.2 of the Miami 21 Code.
3. Maximum height for any buildings on the Properties shall be two (2) stories,
except for any building on Lot 12, Block 55 of NORTH MIAMI ESTATES,
according to the plat thereof, as recorded in Plat Book 5, Page 48 of the Public
City of Miami Page 1 of 3 File ID: 4412 (Revision:) Printed On: 1/18/2019
File ID: 4412 Enactment Number:
Records of Miami -Dade County, Florida ("Lot 12"). Buildings on Lot 12 may be
developed consistent with regulations for the 74-R," General Urban — Restricted,
in the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on June 6,
2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-025 by a vote
of seven to zero (7-0), Item No. PZAB.2, recommending approval of the requested zoning
change; and
WHEREAS, the City Commission considered the Covenant voluntarily proffered by the
Applicants limiting the development of the Properties; and
WHEREAS, the City Commission considered the relationship of the proposed
amendment to the goals, objectives, and policies of the Comprehensive Plan and whether the
proposed change will further the goals, objectives, and policies of the Comprehensive Plan, the
Miami 21 Code, and other City of Miami ("City") regulations; and
WHEREAS, the City Commission considered the need and justification for the proposed
rezoning change, including changed or changing conditions that make the passage of the
proposal necessary; and
WHEREAS, the City Commission finds that the request maintains the goals of the Miami
21 Code to preserve neighborhoods and to provide transitions in intensity and building height;
and
WHEREAS, the proposed zoning change is appropriate in light of the intent of the Miami
21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, the City Commission finds that there is competent substantial evidence in
the record to support the change of zoning classification for the Properties; 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 change
the zoning classification as hereinafter set forth; and
WHEREAS, the City Commission accepts the Covenant, attached and incorporated as
Exhibit "B", voluntarily proffered by the Applicant;
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.
Section 2. The City Commission approves the request to change the Zoning Atlas of
Ordinance No. 13114, as amended, by changing the zoning classification from 73-0," Sub -
Urban — Open, to 74-R," General Urban — Restricted, for the Properties, as more particuraly
described in Exhibit "A."
Section 3. The Covenant voluntarily proffered by the Applicant, attached and
incorporated as Exhibit "B," is approved and accepted by the City Commission.
City of Miami Page 2 of 3 File ID: 4412 (Revision:) Printed on: 1/18/2019
File ID: 4412
Enactment Number:
Section 4. The Applicant shall record the Covenant, attached and incorporated as
Exhibit "B," within thirty (30) days of the effective date of this Ordinance.
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. Pursuant to Section 7.1.5(f) of the Miami 21 Code, any appeal must be made
within thirty (30) days from the decision of the City Commission to the Circuit Court of the
Eleventh Judicial Circuit in the manner set forth in the rules of the court.
Section 6. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes, and
§163.3184(12), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ' ndez, City Attor ey 7/1212018
' 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: 4412 (Revision:) Printed on: 111812019