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Home My WebLink AboutO-14000City of Miami f Legislation Ordinance: 14000 File Number: 7232 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/27/2021 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-R," SUB -URBAN TRANSECT ZONE -RESTRICTED, WITH A NEIGHBORHOOD CONSERVATION DISTRICT- 2 ("NCD-2") OVERLAY TO "74-1_," GENERAL URBAN TRANSECT ZONE -LIMITED, WITH A NCD-2 OVERLAY FOR THE PROPERTIES GENERALLY LOCATED AT APPROXIMATELY 3227, 3247, 3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270 WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B", MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Stirrup Properties, Inc., Carol Henley, and 3227 Grove, LLC (collectively, "Applicant") own the properties located at approximately 3256 and 3270 William Avenue and 3227, 3247, 3257, and a portion of 3277 Charles Avenue, Miami, Florida, all as described in Exhibit "A", attached and incorporated (collectively, "Property"); and WHEREAS, the Property is currently zoned 73-R," Sub -Urban Transect Zone - Restricted, with a Neighborhood Conservation District-2 ("NCD-2") Overlay and the Applicant has submitted a request to change the zoning classification to 74-L", General Urban Transect Zone -Limited, with a NCD-2 Overlay; and WHEREAS, the Applicant has submitted a separate concurrent application to amend the Future Land Use Map ("FLUM") designation of the Miami Comprehensive Neighborhood Plan ("MCNP") for the Property from "Single Family Residential" to "Low Density Restricted Commercial and WHEREAS, the proposed 74-L," General Urban Transect Zone —Limited, zoning designation would result in additional height, density, and building mass that is compatible with the existing Uses to the east and south; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City of Miami ("City") regulations; and WHEREAS, the City Commission has considered the Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B" ("Covenant"), voluntarily proffered by the Applicant limiting the development of the subject Property as follows: City of Miami Page 1 of 4 File ID: 7232 (Revision: 8) Printed On: 912112021 File ID: 7232 Enactment Number: 14000 - Any development on the Property will conform to the City's Village West Island and Grand Avenue Architectural and Urban Design Guidelines including the facades as generally depicted on Sheets G-012, G-013, G-014, and G-015 of the Plans. - The maximum density permitted at the Property shall be a maximum of thirty-three (33) Dwelling Units with Lodging Units considered as the equivalent of one-half (0.50) of a Dwelling Unit as provided in the Miami 21 Code. - Multifamily residential uses as defined in Section 1.1 and Article 4, Table 3 of the Miami 21 Code shall not be permitted at the Property. - The height of any structure or improvement on the Property shall not exceed thirty- four (34) feet to the top of the roof slab. - The strangler fig tree on the Property will be incorporated as part of any project and be preserved, protected, and maintained pursuant to Chapter 17 of the Code of the City of Miami, Florida, as amended ("City Code"). - All parking on the Property will be provided underground (below grade) and/or at an off -site location. - A landscape buffer shall be provided along the western property line to screen any project from the residential uses located immediately to the west, which landscape buffer shall comply with the Miami 21 Code requirements for buffers between dissimilar land uses. - The Applicant acknowledges that the future development of the Property will require detailed site plan approvals by the City as part of the City's site plan and building permit approval processes. - The Applicant shall consult with local and/or state economic development entities regarding job training and job placement services to City residents seeking employment opportunities with potential employers which will locate or establish businesses within the Property. With regard to sourcing candidates for employment opportunities resulting from the construction of the new development on the Property, the Applicant shall require its contractors and subcontractors to utilize good faith efforts to employ a minimum of fifty percent (50%) of on -site labor from persons residing within Miami -Dade County ("County"). Priority hiring shall be given to those individuals residing in the Village West area and surrounding areas in the following priority: 1. 1st Priority: Those residing in the 33133 ZIP code in the City. 2. 2nd Priority: Those residing in all other areas of the City. 3. 3rd Priority: Those residing in all other areas of the County. - The Applicant shall use good faith efforts to work with local schools and local and/or state economic development entities to place qualified program graduates and participants in employment opportunities at the Property. - The Applicant shall make a One Hundred Fifty Thousand Dollars ($150,000.00) contribution as a lump sum payment to Rebuilding Together Miami -Dade, Inc. to assist in the organization's efforts to repair and improve the homes of low income and vulnerable homeowners and tenants in the Village West area. This one-time City of Miami Page 2 of 4 File ID: 7232 (Revision: 8) Printed on: 912112021 File ID: 7232 Enactment Number: 14000 contribution shall be made prior to issuance of any building permit, including but not limited to a phased permit, for Lodging development on the Property. The Applicant shall, following the issuance of a Certificate of Occupancy for any development on the Property, set a goal to source one hundred percent (100%) of the permanent jobs at the Property with persons residing within the County. Priority hiring shall be given to those individuals residing in the Village West area and other areas in the following priority: 1. 1 st Priority: Those residing in the Village West area shall have priority during the first thirty (30) days of advertisement for the relevant position. 2. 2nd Priority: Those residing in the 33133 ZIP code in the City shall have priority during the next (30) days of advertisement for the relevant position. 3. 3rd Priority: Those residing in all other areas of the City shall have priority. 4. 4th Priority: Those residing in all other areas of the County shall have priority. - The Applicant shall comply with the "Living Wage" requirements as set forth in the Sections 18-556 — 18-5549 of the City Code with respect to all on -site permanent employees employed by Applicant following the issuance of a Certificate of Occupancy for any development on the Property. The Applicant agrees, contingent upon the Applicant receiving the necessary consents and legal approvals by the applicable property owners, the City, the County, and any other applicable governmental or regulatory agencies, to implement the following traffic improvement measures in connection with the development of the Property: 1. Access. There shall be no vehicular access to the Property from William Avenue unless the Property is used for single-family residential purposes. 2. Driveway Configuration. All ingress/egress driveways for the Property to and from Charles Avenue must be configured to enter and exit towards the direction of Main Highway. 3. Speed Control Measures. The Owner agrees to pay for the costs of up to a maximum of five (5) speed tables contemplated for Charles Avenue under the City's traffic calming plan identified as Capital Improvement Project No. 40- B183612 on file with the City's Office of Capital Improvements; and WHEREAS, the Covenant shall not be construed to create any vested rights whatsoever to the Applicant or any successors or assigns; and WHEREAS, the City's Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February 5, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 010 by a vote of seven to three (7-3), Item No. PZAB. 3, recommending approval of the request to change the zoning classification as indicated herein; and WHEREAS, the City Commission has considered the need and justification for the proposed change to the zoning classification, including changing and changed conditions that make the passage of the proposed change to the zoning classification as indicated herein necessary; and WHEREAS, the proposed change to the zoning classification 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 proposed change to the zoning classification is consistent with the intent and goals of the NCD-2; and City of Miami Page 3 of 4 File ID: 7232 (Revision: 8) Printed on: 912112021 File ID: 7232 Enactment Number: 14000 WHEREAS, the proposed change in the zoning classification maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; 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 amends the Zoning Atlas of the Miami 21 Code by changing the zoning classification from 73-R," Sub -Urban Transect Zone —Restricted, with a NCD-2 Overlay to 74-L," General Urban Transect Zone —Limited, with a NCD-2 Overlay for the Property as more particularly described in Exhibit "A," attached and incorporated. Section 3. The City Commission accepts the voluntarily proffered Covenant, attached and incorporated as Exhibit "B," in a form acceptable to the City Attorney, which must be recorded and submitted to the City within forty-five (45) days of adoption hereof. 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 should not be affected. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i : nd- a [y Nttor ey ::�Q9116/2021 ' 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 4 of 4 File ID: 7232 (Revision: 8) Printed on: 912112021