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HomeMy WebLinkAboutO-14015City of Miami l i , J'f Legislation Ordinance: 14015 File Number: 8997 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/22/2021 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 '75-0", URBAN CENTER TRANSECT ZONE — OPEN, TO "76-8-0", URBAN CORE TRANSECT ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 2200 AND 2222 SOUTHWEST 27 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 ; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on April 21, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-018 for item PZAB.3, which reflected the PZAB's failure to recommend approval of the subject proposed rezoning as there was a motion to recommend approval; however, only six (6) members voted in favor and five (5) members voted against thereby failing to obtain the required supermajority votes to recommend approval; and WHEREAS, pursuant to Section 7.1.1.4.d.4. of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), and Section 62-17(d) of the Code of the City of Miami, Florida, as amended, no action to recommend a proposed rezoning shall be taken without the concurring votes of a supermajority of board members present with said supermajority consisting of one (1) more member than a simple majority; and WHEREAS, 27th Avenue and Coral Way, LLC ("Applicant") owns the properties generally located at 2200 Southwest 27 Avenue and 2222 Southwest 27 Avenue (collectively, "Property"); and WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately 48,927 square feet (1.12 acres); and WHEREAS, the Property is located at the intersection of Southwest 22 Street ("Coral Way") and Southwest 27 Avenue on the block bounded by Coral Way to the north, Southwest 27 Avenue to the east, Southwest 22 Terrace to the south, and Southwest 29 Avenue to the west; and WHEREAS, the Property is developed with a gas station constructed in 1956, a four- story office building constructed in 1973, and is bordered by other Office and General Commercial Uses along Coral Way and Southwest 27 Avenue; and WHEREAS, the Property is in Zone 5 of the Coral Way Beautification Master Plan and falls within the boundary of the Coral Way Established Setback Area; and City of Miami Page 1 of 6 File ID: 8997 (Revision: 8) Printed On: 1211012021 File ID: 8997 Enactment Number: 14015 WHEREAS, Coral Way is a City of Miami ("City") designated Transit Corridor, well served by several Miami -Dade County Metro Bus routes and City Trolley routes, and is located just north of the Coconut Grove Metrorail Station Transit Oriented Development ("TOD") area; and WHEREAS, the Applicant has submitted a request to change the zoning classification of the Property from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open; and WHEREAS, the proposed rezoning of the Property from 75-0," Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open, is consistent with the Property's existing future land uses of Restricted Commercial and, therefore, a companion Comprehensive Plan Amendment is not required; 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 Zoning 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 rezoning from the 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open, is successional pursuant to Article 7, Section 7.1.2.8.a.3. of the Miami 21 Code and the proposed rezoning represents the encroachment of the 76-8-0", Urban Core Transect Zone — Open, along a well -established 75," Urban Center Transect Zone, corridor; and WHEREAS, the proposed rezoning from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open, would increase the maximum Density allowed from 65 DU/AC to 150 DU/AC and the maximum number of stories from five (5) to eight (8) by Right, with an additional four (4) stories by participating in the Public Benefits Program established in Article 3, Section 3.14 of the Miami 21 Code; and WHEREAS, the areas to the east and west of the Property are largely a mix of Commercial and Office uses and the Property is one of a few along Coral Way that does not directly abut the 73," Sub -Urban Transect Zone; and WHEREAS, the Coral Way corridor was intentionally zoned 75-0", Urban Center Transect Zone — Open, to protect the well -established 73", Sub -Urban Transect Zone, neighborhoods to the north and south from incompatible Density, intensity, and Height; and WHEREAS, the requested rezoning of the southwest portion of this intersection to 76-8- 0", Urban Core Transect Zone — Open, is successional yet would result in an irregular zoning boundary along the south side of Coral Way; and WHEREAS, under Ordinance No. 11000, the previous zoning ordinance, the Property along with the Coral Way corridor between Southwest 12 Avenue and Southwest 37 Avenue were designated "C-1", Commercial, and "O", Office, with a SD-23 Overlay District; and WHEREAS, the Southwest 27 Avenue corridor between Coral Way and South Dixie Highway ("US 1") was designated "C-1", Commercial. and "O", Office, with portions of the north - south corridor subject to a SD-24 Overlay; and City of Miami Page 2 of 6 File ID: 8997 (Revision: 8) Printed on: 1211012021 File ID: 8997 Enactment Number: 14015 WHEREAS, with the adoption of the Miami 21 Code in 2010, the properties fronting the Coral Way corridor were zoned 76-8-0", Urban Core Transect Zone — Open, and the Southwest 27 Avenue corridor between Southwest 22 Terrace and US 1 was zoned 75-0", Urban Center Transect Zone — Open; and WHEREAS, in response to feedback from neighbors and neighborhood associations from the Miami 21 Code adoption process, the City's Planning Department initiated two (2) rezonings (Ordinance Nos. 13237 and 13191), which subsequently rezoned the Coral Way corridor between Southwest 17 Avenue and Southwest 37 Avenue from the 76-8-0", Urban Core Transect Zone — Open, to 75-0", Urban Center Transect Zone - Open, and Southwest 27 Avenue between Southwest 22 Terrace and US 1 from 75-0", Urban Center Transect Zone — Open, to 74-0", General Urban Transect Zone - Open, respectively; and WHEREAS, the proposed rezoning from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open, is consistent with Land Use Policy LU-1.1.7 which seeks to establish land development regulations and policies that "will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycle, automobiles and mass transit"; and WHEREAS, the proposed rezoning from 75-0", Urban Center Transect Zone — Open, to 76-8-0", Urban Core Transect Zone — Open, would result in minimal changes to the range of Uses permitted as the 75-0", Urban Center Transect Zone — Open, already permits a broad range of Residential, Commercial, and Office development; therefore, the proposed rezoning would simply allow additional Density, Height, and development capacity; and WHEREAS, a review the Miami 21 Code Zoning Atlas reveals that there have been no changes to the Transect boundaries that were established with the adoption of the Miami 21 Code and the aforementioned changes to the Coral Way and Southwest 27 Avenue corridors with the exception of a rezoning from 74-R," General Urban Transect Zone — Restricted, to 75- 0", Urban Center Transect Zone — Open, for a portion of the property located directly to the west at 2750 Southwest 22 Street (Ordinance No. 13418); and WHEREAS, two (2) additional rezonings from 74-R", General Urban Transect Zone — Restricted, to the 74-L", General Urban Transect Zone — Limited, were approved along Southwest 22 Terrace between Southwest 22 Avenue and Southwest 37 Avenue pursuant to Ordinance Nos. 13489 and 13683; however, these did not result in an increase in Density, increase in Height, or change the east -west boundary that was established between the 75", Urban Center Transect Zone, properties along Coral Way and the 74", General Urban Transect Zone, to the south with the adoption of the Miami 21 Code; and WHEREAS, one of the goals of the Miami 21 Code is to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, while there are some merits to the proposed rezoning, a further study of the corridor and neighborhood may be warranted as standalone requests to rezone may result in irregular zoning boundaries that are incompatible with the Miami 21 Code's principal of transitional zoning; and City of Miami Page 3 of 6 File ID: 8997 (Revision: 8) Printed on: 1211012021 File ID: 8997 Enactment Number: 14015 WHEREAS, pursuant to Article 7, Section 7.1.2.8.d.1 of the Miami 21 Code, the Planning Department recommended denial of the rezoning from 75-0" Urban Center Transect Zone — Open, to T6-8-0" Urban Core Transect Zone — Open; and WHEREAS, the City Commission has considered the Covenant, attached and incorporated as Exhibit "B", voluntarily proffered by the Applicant, limiting the development of the subject Property as follows: - The Applicant will, prior to the issuance of a building permit for new construction, contribute one hundred fifty thousand dollars ($150,000.00) to the City in one (1) lump sum payment by certified or cashier's check for right-of-way improvements along Southwest 22 Terrace in the abutting area and/or neighborhoods within District 4 in the manner decided by the City. - The Property shall be developed at a maximum height not to exceed ten (10) stories. - Any new development on the Property shall not be developed with any parking reductions or parking waivers and that parking shall be at minimum as required by the Miami 21 Code. - All parking shall be located on site within the Property. There shall be no off -site parking. - Any new development on the Property shall include a driveway access from Southwest 27 Avenue and a driveway exit onto Coral Way, subject to appropriate approvals. - If the Applicant has not obtained all required Florida Department of Transportation, Miami -Dade County ("County"), and City approvals, including any required Waiver, to successfully effectuate the vehicular access, exit, and service area described here within one (1) year of the City' s acceptance of the Covenant, the Applicant will, within thirty (30) days, meet with City staff and diligently proceed, in good faith, to agree on a modification to the Covenant or other action by the Applicant to accomplish such with such modification being applied for by the Applicant at the Applicant's sole cost. - The Applicant will immediately, at the Applicant's sole cost, apply for a rezoning of this Property to its former transect zone classification of 75-0", Urban Center Transect Zone — Open, if after eighteen (18) months from the date City accepts the Covenant, the driveway access, exit, and service areas have not been approved as provided in the Covenant. - In the event that an application to modify the Covenant is submitted at any time, the eighteen (18) month timeframe for applying to rezone the Property shall be tolled until a final decision is rendered with respect to the proposed Covenant modification. - In the event of the rezoning of the Property to 75-0", Urban Center Transect Zone — Open, the Applicant will not claim any vested or other private property rights or entitlement to a 76-8-0," Urban Core Transect Zone — Open, or higher density zone, the monetary contribution shall not be required, and the restrictions related to the physical development of the Property as stated herein shall be null and void. City of Miami Page 4 of 6 File ID: 8997 (Revision: 8) Printed on: 1211012021 File ID: 8997 Enactment Number: 14015 - All loading, unloading, deliveries, and commercial services to the Property shall be provided from Southwest 22 Terrace Monday through Friday no earlier than 8:00 a.m. and no later than 6:00 p.m. Loading, unloading, and deliveries are not allowed on Saturdays or Sundays. These requirements apply each day of each year. - The Applicant will fund the purchase and installation of any directional signage related to new development on the Property that the Resilience and Public Works Department requires along the right of ways abutting the Property. Such signage will comply with all applicable City and County Sign Codes. - Any art provided shall be made an integral part of the design of the building' s facades. - If any Art is required by the Art in Public Places Program codified in Chapter 62, Article XVI of the City Code, it shall be made an integral part of the design of the building's facades; and WHEREAS, the Applicant's voluntarily proffered Covenant does not affect the Planning Department's recommendation or analysis; 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 has considered the need and justification for the proposed rezoning, including changing and changed conditions that make the rezoning necessary; 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 the rezoning as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY 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 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 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. City of Miami Page 5 of 6 File ID: 8997 (Revision: 8) Printed on: 1211012021 File ID: 8997 Enactment Number: 14015 Section 5. This Ordinance shall become effective ten (10) days after approval at second reading.' APPROVED AS TO FORM AND CORRECTNESS: 1 i " 4naindez, ity ttor ey 12/8/2021 ' 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 6 of 6 File ID: 8997 (Revision: 8) Printed on: 1211012021