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HomeMy WebLinkAboutO-14029City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� 1 !1 Ordinance: 14029 File Number: 9104 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/23/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 T4-L, "GENERAL URBAN ZONE —LIMITED," TO T5-0, "URBAN CENTER ZONE -OPEN," OF THE PROPERTY LOCATED AT APPROXIMATELY 2000 NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May 5, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-022 by a vote of seven to zero (7-0), Item No. PZAB.1, recommending approval of the Zoning Change as stated herein; and WHEREAS, the property located at approximately 2000 Northwest 3 Avenue, Miami, Florida is currently zoned T4-L, "General Urban Transect Zone -Limited"; and WHEREAS, Miami -Dade County and the Housing Trust Group, LLC (collectively, "Applicant") have requested to change the zoning classification to T5-0, "Urban Center Transect Zone -Open"; and WHEREAS, the Future Land Use Map ("FLUM") designation is Medium Density Restricted Commercial; and WHEREAS, the application does not require a concurrent application to amend the FLUM designation of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the property is approximately 451,692 square feet (10.3 ± acres); and WHEREAS, the property is currently developed with the Rainbow Village and Gwen Cherry 23C Public Housing Communities; and WHEREAS, the property is located in the Southeast Overtown/Park West Redevelopment Area; and WHEREAS, the property is located south of the border of the Wynwood Neighborhood Revitalization District ("NRD-1") and the Mana Wynwood Special Area Plan; and WHEREAS, the property is located in a portion of the Overtown neighborhood where there are a variety of zoning designations and housing types; and City of Miami Page 1 of 3 File ID: 9104 (Revision: 8) Printed On: 101812021 File ID: 9104 Enactment Number: 14029 WHEREAS, the property was zoned R-3 under Ordinance No. 11000, the former zoning ordinance, a zoning designation that permitted sixty-five (65) dwelling units per acre; and WHEREAS, the property was proposed to be a portion of the NRD-1 with a zoning designation of T5-0, "Urban Center Transect Zone -Open"; and WHEREAS, the proposed Zoning Change is appropriate in light of the intent of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the proposed T5-0, "Urban Center Transect Zone -Open," zoning classification would result in higher intensity and taller development; and WHEREAS, the application is consistent with the criteria set forth in Article 7, Section 7.1.2.8.(f) of the Miami 21 Code and WHEREAS, the proposed Zoning Change is consistent with the City of Miami's ("City") Neighborhood Comprehensive Goal LU-1's intent of fostering redevelopment and revitalization of declining areas, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.2 of the Miami 21 Code; and WHEREAS, the proposed Zoning Change is consistent with the City's Neighborhood Comprehensive Objective LU-1.2's intent to promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining, or threatened residential, commercial, and industrial areas, which makes the request consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and WHEREAS, there have been changing conditions to the Atlas of the Miami 21 Code in the form of the NRD-1 and Mana Wynwood Special Area Plan, which are adjacent to the property, deeming the changes necessary and consistent with Section 7.1.2.8.f.1(b) of the Miami 21 Code; and WHEREAS, the Planning Department recommends approval of the proposed Zoning Change; and WHEREAS, the City Commission has considered the Applicant's justification as well as the Planning Department's recommendation; 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; and WHEREAS, the Applicant has voluntarily agreed that at least forty percent (40%) of the Benefit Units shall be restricted to households with incomes at or below sixty percent (60%) of the area median income; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 9104 (Revision: 8) Printed on: 101812021 File ID: 9104 Enactment Number: 14029 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 Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification from T4-L, "General Urban Zone —Limited," to T5-0, "Urban Center Zone —Open," of the property located at 2000 Northwest 3 Avenue, Miami, Florida, 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 shall not be affected. Section 5. This Ordinance shall become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: 1 i 4naindez, City Attor iey 10l7l2021 ' 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: 9104 (Revision: 8) Printed on: 101812021