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HomeMy WebLinkAboutO-13987City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Ordinance: 13987 File Number: 7889 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/25/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), PURSUANT TO ARTICLE 3, SECTION 3.12.3 OF THE MIAMI 21 CODE, BY REZONING CERTAIN PARCELS OF APPROXIMATELY 141.58 ACRES FOR THE CREATION OF THE "WYNWOOD NORTE NEIGHBORHOOD REVITALIZATION DISTRICT (NRD-2)" BY CHANGING THE ZONING CLASSIFICATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 195 ON THE NORTH, INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MODIFYING THE TRANSECT ZONE REGULATIONS THAT ARE APPLICABLE TO THE SUBJECT PARCELS AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED; MAKING FINDINGS OF FACT; STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on October 16, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 039 by a vote of eight to two (8-2), Item No. PZAB.1, recommending approval of the proposed amendment as stated herein; and WHEREAS, there is a neighborhood in the City of Miami ("City") north of the Wynwood Neighborhood Revitalization District ("NRD-1"), west of the Midtown Special District ("SD.27"), and previously referred to as Little San Juan; and WHEREAS, this neighborhood is generally bounded by Interstate 195 on the north, Interstate 95 on the west, Northwest 29th Street on the south, and North Miami Avenue on the east, as more particularly described in Exhibit "A", attached and incorporated ("NRD-2 Boundaries"); and WHEREAS, this neighborhood is undergoing sudden change due to its proximity to the Wynwood Arts District, Midtown, and the Design District; and WHEREAS, in August 2018, a group of stakeholders of this neighborhood met to discuss potential improvements to the neighborhood; and WHEREAS, in September 2018, this group of stakeholders formed the Wynwood Community Enhancement Association ("WCEA"); and City of Miami Page 1 of 5 File ID: 7889 (Revision: A) Printed On: 611012021 File ID: 7889 Enactment Number: 13987 WHEREAS, in November 2018, the WCEA had its first official public meeting; and WHEREAS, over several months, the WCEA worked together to develop a Community Vision Plan ("Plan") with the help of design firm PlusUrbia and the law firm of Wernick & Co; and WHEREAS, on November 21, 2019, the City Commission unanimously adopted Resolution No. R-19-0472 supporting the WCEA's efforts; and WHEREAS, Resolution No. R-19-0472 directed the City Manager to review the Plan; develop implementation tools, policies, and regulations; and to make a final presentation to the City Commission for its consideration and further action; and WHEREAS, in January 2020, the City's Planning Department began crafting a new Neighborhood Revitalization District ("NRD") pursuant to Section 3.12.3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), for the Wynwood Norte neighborhood; and WHEREAS, the Miami 21 Code was amended in September 2015 to create a framework for NRDs; and WHEREAS, pursuant to Section 3.12.3 of the Miami 21 Code, a NRD shall be designated by process of rezoning; and WHEREAS, a NRD is an overlay district that uses the existing regulations in the Miami 21 Code as a base but allows for the creation of new regulations and the calibration of existing regulations to better suit the needs of a specific neighborhood; and WHEREAS, on June 29, 2020, pursuant to Section 3.12.3 of the Miami 21 Code, a virtual, publicly noticed, publicly accessible workshop was held to discuss the Plan and progress on the proposed Wynwood Norte NRD-2 with the WCEA, the general public, and interested parties; and WHEREAS, this workshop was held virtually due to the risks associated with Novel Coronavirus ("COVI D-1 9"), was well attended, and feedback derived from the workshop was incorporated into the NRD-2 regulations for the City Commission's consideration; and WHEREAS, the proposed NRD-2 regulations implement the Plan; and WHEREAS, the Plan focuses on four (4) elements: coming home, building home, going green, and getting around; and WHEREAS, the NRD-2 is necessary for the "coming home" element of the Plan, specifically providing the minimum residential density necessary to provide housing typologies that are appropriate and affordable to existing residents, allow the neighborhood to absorb new residents with minimized displacement, and create a new public benefit for T4, "General Urban Transect Zones," that is intended to produce income restricted units that are two -bedroom or larger which are desirable to existing families within the neighborhood; and WHEREAS, the NRD-2 is necessary for the "building home" element of the Plan, specifically providing a broader range and intensity of commercial uses along major corridors that transverse the neighborhood as well as creating a set of regulations that are intended to City of Miami Page 2 of 5 File ID: 7889 (Revision: A) Printed on: 611012021 File ID: 7889 Enactment Number: 13987 encourage the incubation of small businesses within the neighborhood and to create a climate of entrepreneurship for existing neighborhood residents; and WHEREAS, the NRD-2 is necessary for the "going green" element of the Plan, specifically increasing the likelihood that developments will require LEED silver certification at a minimum and yield Transect Zones that have higher tree planting and green infrastructure requirements; and WHEREAS, the NRD-2 is necessary for the "getting around" element of the Plan, specifically calibrating the density along multiple Transit Corridors in the vicinity of the Allapattah MetroRail station and the Tri-Rail coastal link station proposed for Midtown as well as creating a street masterplan framework that private development addresses right of ways appropriately; and WHEREAS, the NRD-2 is responsive to the surrounding context and is the product of a robust public outreach process; and WHEREAS, this proposed rezoning to create the NRD-2 affects approximately 141.58 acres of real property, which is located within the NRD-2 Boundaries and is more particularly described in Exhibit "A", attached and incorporated; and WHEREAS, Exhibit "A," attached and incorporated, describes the property and provides the specific addresses included in this proposed rezoning to be included in the NRD-2; and WHEREAS, City Planning staff recommends approval of the NRD-2 as more particularly described in the staff analyses for the companion rezoning and future land use map amendment; 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 regulations; and WHEREAS, the City Commission has considered the need and justification for the NRD- 2; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its inhabitants to approve this amendment to the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 amendment of the Miami 21 Zoning Atlas for the creation of the NRD-2 as more particularly described in Exhibit "B", attached and incorporated, pursuant to Section 3.12.3 of the Miami 21 Code of approximately 141.58 acres of properties located within the NRD-2 Boundaries and as more particularly described and identified in Exhibit "A", attached and incorporated. City of Miami Page 3 of 5 File ID: 7889 (Revision: A) Printed on: 611012021 File ID: 7889 Enactment Number: 13987 Section 3. Article 3 of the Miami 21 Code is further amended to reflect the creation of the NRD-2 as follows': "ARTICLE 3. GENERAL TO ZONES 3.3.6 ESTABLISHED SETBACK AREAS M. Wvnwood Norte 1. Boundary: Established Setback Areas have been identified within Wynwood NRD-2 Street Master Plan located within Appendix "P" of this Code. 3.12.3 NEIGHBORHOOD REVITALIZATION DISTRICTS (NRD) q. NRD-2 Wynwood Norte Neighborhood Revitalization District 2. The NRD-2, originally adopted by Ord. No. 13987 on March 25, 2021 is hereb codified in Appendix "P" to this Code." Section 4. The Miami 21 Code is further amended to provide transect zone regulations for properties within the NRD-2 by adding an Appendix to the Miami 21 Code titled "Wynwood Norte Neighborhood Revitalization District (NRD-2)", as more particularly described in Exhibit "B", attached and incorporated. Section 5. 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 6. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 7. This Ordinance shall become effective thirty-one (31) days after the State Land Planning Agency notifies the City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida Statutes, and Section 163.3184(12), Florida Statutes.2 ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 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 City of Miami Page 4 of 5 File ID: 7889 (Revision: A) Printed on: 611012021 File ID: 7889 Enactment Number: 13987 APPROVED AS TO FORM AND CORRECTNESS: 1 i 4naindez, City Attor iey 6/10/2021 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 5 of 5 File ID: 7889 (Revision: A) Printed on: 611012021