HomeMy WebLinkAboutO-13830City of Miami
Legislation
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try Ordinance: 13830
File Number: 4415
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/28/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
BY CHANGING THE ZONING CLASSIFICATION FROM 73-0,1' SUB -URBAN
TRANSECT ZONE -OPEN, TO 74-R," GENERAL URBAN TRANSECT ZONE -
RESTRICTED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1015
SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 1015 Southwest 29 Avenue, Miami,
Florida ("Property") has a current zoning classification of "73-0," Sub -Urban Transect Zone -
Open; and
WHEREAS, the Property is located within the Coral Way Neighborhood Enhancement
Team ("NET") area and is located within the Citrus Park Subdivision; and
WHEREAS, Jose and Gisela Sobero ("Applicant") submitted a request to change the
zoning classification to 74-R," General Urban Transect Zone -Restricted; and
WHEREAS, the proposed change of zoning classification will disrupt the established
character of the surrounding single and duplex residential neighborhood; and
WHEREAS, the proposed change of zoning classification will result in an increase in
residential density from eighteen (18) units per acre to thirty-six (36) units per acre and will allow
multifamily housing by Right; and
WHEREAS, the size and scale of the adjacent uses and structures within the existing
neighborhood do not support the proposed increase in density and intensity; 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-18-027 by a vote
of eight to zero (8-0), Item No. PZAB.5, recommending approval with conditions of the proposed
change of zoning classification; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan ("MCNP"), the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), and all other City of Miami regulations; and
WHEREAS, the City Commission gave full consideration to the Director's
recommendations; and
WHEREAS, the City Commission has considered the voluntarily proffered conditions by
the Applicant limiting the development of the Properties; and
City of Miami Page 1 of 2 File ID: 4415 (Revision:) Printed On: 4/8/2019
File ID: 4415 Enactment Number: 13830
WHEREAS, the City Commission considered the need and justification for the proposed
change of zoning classification, including changed or changing conditions that make the
passage of the proposed change of zoning classification 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, density, building
height and scale; 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 with the conditions as voluntarily proffered by the Applicant as
hereinafter; and
WHEREAS, the City Commission accepts the Declaration of Restrictive Covenants,
hereby attached and incorporated as Exhibit "B," as 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
classification to the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning
classification from "73-0," Sub -Urban Transect Zone- Open, to "74-R," General Urban Transect
Zone -Restricted, for the Property, as more particularly described in Exhibit "A", attached and
incorporated.
Section 3. The Declaration of Restrictive Covenants voluntarily proffered by the
Applicant, attached and incorporated as Exhibit "B," is approved and accepted by the City
Commission.
Section 4. The Applicant shall record the Declaration of Restrictive Covenants, attached
and incorporated as Exhibit "B," within thirty (30) days of the effective date of this Ordinance.
Section 5. 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 Httor ey 9117/2018
1 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: 4415 (Revision:) Printed on: 41812019