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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14010 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "75-0", URBAN CENTER TRANSECT — OPEN, TO "T6-8-0", URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 1020 NORTHWEST 7 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1020 NW 7 Av [Commissioner Jeffrey Watson - District 5] APPLICANT(S): Maria A. Gralia, Esq. on behalf Highland Park 1020, LLC PURPOSE: To rezone the property from "T5-0" Urban Center Transect Zone — Open to "T6-8-0" Urban Core Transect Zone — Open. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on April 7, 2021, by a vote of 7-0. City of Miami File ID: 8945 (Revision:) Printed On: 711212021 City of Miami City Hall Legislation 3500 Pan Ameican Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14010 File Number: 8945 Final Action Date: 6/24/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "75-0", URBAN CENTER TRANSECT — OPEN, TO "76-8-0", URBAN CORE TRANSECT - OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 1020 NORTHWEST 7 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on April 7, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-015 by a vote of seven to zero (7-0), Item No. PZABA , recommending approval of the Zoning Change proposed herein; and WHEREAS, the property located at approximately 1020 Northwest 7 Avenue, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated ("Property"), is currently zoned 75-0", Urban Center Transect Zone - Open; and WHEREAS, Highland Park 1020, LLC ("Applicant") submitted a request to change the zoning classification from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open, pursuant to Article 7 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, on November 21, 1996, a covenant dated November 6, 1996 was recorded in Official Records Book 17435, Page 3595 of the public records of Miami -Dade County, Florida ("Covenant"); and WHEREAS, the Covenant is for an Extended Low -Income Housing Agreement with the Florida Housing Finance Agency (a state agency) and Central City Apartments, LTD (the owner at the time) for the provision of Low- and Very -Low Income Housing in perpetuity; and WHEREAS, the Covenant was first amended on September 29, 1998 to eliminate the provision of laundry hookups in each residential unit; and WHEREAS, the Covenant was amended a second time on February 9, 2004 to change the financial incentives available for tenants wishing to move into ownership; and WHEREAS, the Covenant was amended a third time on July 11, 2008 to eliminate the provision of counseling, job training, and tenant activities and to add the provision of tutorial initiatives; and City of Miami File ID: 8945 (Revision:) Printed On: 711212021 WHEREAS, none of the amendments to the Covenant altered the number of residential units, qualifying income levels, or lifespan of the Covenant; and WHEREAS, the Property is a single parcel of land spanning approximately 1.18 acres; and WHEREAS, the Property was previously zoned R-3, or Multifamily Medium Density Residential, under the Ordinance No. 11000 (11000") which preceded the Miami 21 Code; and WHEREAS, the R-3 zoning designation is comparable to the Miami 21 Code's 75-0", Urban Center Transect Zone - Open, which is the current zoning of the Property; and WHEREAS, the block immediately west of the Property was previously zoned R-3 and C-1 under 11000 and was zoned to 76-8-0", Urban Core Transect Zone — Open, upon adoption of the Miami 21 Code; and WHEREAS, the proposed 76-8-0", Urban Core Transect Zone — Open, is consistent with the Property's Future Land Use Designation of Restricted Commercial and a companion Comprehensive Plan Amendment is not required; and WHEREAS, 76-8-0", Urban Core Transect Zone — Open, is found to the north and west of the Property, 75-0", Urban Center Transect Zone — Open, is found partially to the south of the Property, and 75-R", Urban Center Transect Zone — Restricted, is found to the east and remaining portion of the south of the Property; and WHEREAS, the Property is abutting the Culmer Metrorail Station to the south; and WHEREAS, the Property is located in a Transit Oriented Development ("TOD") Area; and WHEREAS, the 75-0", Urban Center Transect Zone — Open, and 76-8-0", Urban Core Transect Zone — Open, are similar in permitted Uses, whether by right, warrant, or execption; and WHEREAS, the proposed rezoning application increases in residential density from 75- 0", Urban Center Transect Zone — Open, (65 dwelling units per acre) to 76-8-0", Urban Core Transect Zone — Open, (150 dwelling units per acre); and WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code provide that a change to the Miami 21 Atlas may be made only to the next Transect Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open, is successional; and WHEREAS, the residential intensity increased by the proposed 76-8-0", Urban Core Transect Zone — Open, which is in close proximity to a transit station, is supported by the Objective TR-2.7 of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, recent changes have been made to Transect boundaries in the area in which all 76-8-L", Urban Core Transect Zone — Limited, north of the Culmer Metrorail Station and south of State Road 836 were rezoned to 76-8-0", Urban Core Transect Zone — Open, in 2020 under Ordinance No. 13924; and City of Miami File ID: 8945 (Revision:) Printed On: 711212021 WHEREAS, the Planning Department recommends approval for the request to change the zoning designation of the Property from "75-0", Urban Center Transect Zone — Open, to "76-8-0", Urban Core Transect Zone — Open, as the application meets the criteria as set forth in Article 7, Section 7.1.2.8 of the Miami 21 Code; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission approves the request to change the zoning designation for the Property from "75-0", Urban Center Transect Zone — Open, to "T6-8-0" Urban Core Transect Zone — Open; 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 hereby amends the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "75-0", Urban Center Transect Zone — Open, to "76- 8-0" Urban Core Transect Zone — Open, for the Property as described in Exhibit "A", attached and incorporated. Section 3. 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 4. This Ordinance shall become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, ity Httor ey 511712021 ' 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: 8945 (Revision:) Printed On: 711212021