HomeMy WebLinkAboutR-23-0156City of Miami
Resolution R-23-0156
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Legislation
File Number: 13576
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6
OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), TO ALLOW AN
ATTAINABLE MIXED -INCOME HOUSING DEVELOPMENT TO ABUT A "73"
SUB URBAN TRANSECT ZONE, TO REAL PROPERTY DESIGNATED "75-0,11
URBAN CENTER TRANSECT ZONE - OPEN GENERALLY LOCATED AT 2000
NORTHWEST 3 AVENUE, MIAMI, FLORIDA, MORE PARTICULARITY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Housing Trust Group, LLC and its affiliated entities together with Miami -
Dade County (collectively "Applicant") has applied to the City of Miami ("City") for an Exception
to allow an Attainable Mixed -Income Housing Development to abut a 73" Transect Zone
pursuant to Article 7, Section 7.1.2.6 and Article 3, Section 3.15.3 of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, the property located at 2000 Northwest 3 Avenue ("Property"), as more
particularly described in Exhibit "A", is zoned 75-0," Urban Center Transect Zone; and
WHEREAS, Article 3, Section 3.15.3, of the Miami 21 Code requires approval of an
Exception to allow for an Attainable Mixed -Income Housing Development for a property located
within a 75-0," Urban Center Transect Zone to abut a 73" Transect Zone; and
WHEREAS, the existing site is owned by the Miami -Dade County Public Housing
Agency, and currently developed with the Rainbow Village and Gwen Cherry 23C Public
Housing Communities; and
WHEREAS, the Applicant rezoned the Property from 74-L," General Urban Transect
Zone, to 75-0," Urban Center Transect Zone, through Ordinance 14029; 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
WHEREAS, the Property is adjacent to the 73" Transect Zone on the South; and
WHEREAS, the City Commission adopted Ordinance 14052 on February 10, 2022, to
permit Affordable and Attainable Mixed -Income Housing Developments abutting the 73"
Transect Zone, by Exception; and
WHEREAS, the existing property is within the boundaries of the Southeast
Overtown/Park West Community Redevelopment Area ("SEOPW CRA"); and
City of Miami Page 1 of 5 File ID: 13576 (Revision:) Printed On: 3/30/2023
File ID: 13576 Enactment Number: R-23-0156
WHEREAS, the Applicant proposed to redevelop the existing site to construct a
Development with a mix of residential, retail, and community uses, arranged around a central
courtyard; and
WHEREAS, the Applicant intends to redevelop the Property in a phased fashion,
pursuant to Article 7, Section 7.1.3.2(7) of the Miami 21 Code; and
WHEREAS, the Development that is the subject of this Application is considered Phase
I, which contains three -hundred and ten (310) multi -family dwelling units, consisting of two -
hundred and forty-eight (248) Workforce units, thirty-one (31) Affordable units, and thirty-one
(31) Extremely Low -Income units, as defined by Article 1, Section 1.2 of the Miami 21 Code and
Section 13-5 of the City of Miami Code of Ordinances, and approximately 12,082 square feet of
ground floor retail, and on -site amenity areas; and
WHEREAS, future phases of the Development are contemplated to replace 100% of the
existing housing on site; and
WHEREAS, the proposed Exception allows for an Attainable Mixed -Income Housing
Development abutting a 73" Transect Zone to accommodate the Applicant's request; and
WHEREAS, the Planning Department finds the proposed Exception to be consistent with
applicable Criteria of Article 7, Sections 7.1.2.6 and 7.2 and Article 3, Section 3.15.3 of the
Miami 21 Code, including Article 4, Table 12; and
WHEREAS, the proposed Exception is consistent with the goals of the Miami 21 Code
and the Miami Comprehensive Neighborhood Plan ("MCNP") Goal LU-1's intent of fostering
redevelopment and revitalization of declining areas, the intent of Goal HO-1 to increase the
supply of safe, affordable, and sanitary housing for extremely low-, very low-, low-, and
moderate -income households; and the intent of Goal HO-2 to achieve a livable city center with a
variety of urban housing types for persons of all income levels in a walkable, mixed -use, urban
environment; and
WHEREAS, the Planning Department has reviewed the application and finds the
proposed Exception is consistent with the goals of the Miami 21 Code and the MCNP; and
WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami
21 Code recommends approval with conditions; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") considered the goals,
objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") considered PZAB Item 7
at its meeting on February 15, 2023, and, following an advertised public hearing, adopted PZAB
Resolution No. PZAB-R-23-020 approving an Exception, to allow an Attainable Mixed -Income
Housing Development to abut a 73" Transect Zone pursuant to Article 7, Section 7.1.2.6 and
Article 3, Section 3.15.3 of the Miami 21 Code, by a vote of nine to zero (9-0); and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve with conditions the requested
Exception;
City of Miami Page 2 of 5 File ID: 13576 (Revision:) Printed on: 3/30/2023
File ID: 13576
Enactment Number: R-23-0156
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby approves the Exception pursuant to Article 7,
Section 7.1.2.6 and Article 3, Section 3.15.3 of the Miami 21 Code, subject to the following
conditions:
1. The Project shall be developed in accordance with the plans and supporting
documents submitted, bearing the E-Plan stamp for Exception No. PZ-22-13191.
2. This Project has been approved for the Rainbow Village development consisting of
approximately 12,082 square feet Commercial uses, three -hundred and ten (310)
Attainable Mixed -Income Housing Units, consisting of two -hundred and forty-eight
(248) Workforce units, thirty-one (31) Affordable units, and 31 Extremely Low -Income
units, as defined by Article 1, Section 1.2 of the Miami 21 Code and Section 13-5 of
the City of Miami Code of Ordinances, and four -hundred and forty-seven (447)
parking spaces, with a total Floor Area of approximately 582,874 square feet, as
shown on the approved plans and supporting documents.
3. Prior to issuance of a building permit, the Applicant, owner, or successor shall submit
a recorded Covenant running with the land acceptable by the City of Miami pursuant
to Article 3, Section 3.15.2.d., confirming the property meets the criteria set forth in
Article 3, Section 3.15.2 of the Miami 21 Code for the 310 Attainable Mixed -Income
Housing units.
4. Applicant, owner, or successor shall satisfy all conditions of the Urban Development
Review Board ("UDRB") resolution at the time of a building permit. The final design
including updated elevations, renderings, and material samples for shall be reviewed
by the Planning Department prior to issuance of a building permit.
5. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
address the trash and loading areas.
6. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
provide a comprehensive master plan and rendering showing the scales and
interactions of the space. Massing of said master plan is sufficient.
7. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
develop the east elevation along 3rd Avenue to keep the design language
throughout.
8. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
treat the other fagade like the south fagade to bring down the scale.
9. Prior to issuance of a building permit, the Applicant, owner, or successor shall
provide the Planning Department with a temporary construction plan that addresses
construction phasing and includes the following elements:
a. Temporary construction parking plan, with an enforcement policy; and
City of Miami Page 3 of 5 File ID: 13576 (Revision:) Printed on: 3/30/2023
File ID: 13576
Enactment Number: R-23-0156
b. Construction noise management plan with an enforcement policy.
10. If the project is to be developed in phases and/or individual specific projects, the
Applicant, owner, or successor shall submit an interim plan, including a landscape
plan developed in compliance with Miami 21, Article 9, which addresses design
details for the land occupying future phases of this Project in the event that the future
phases are not developed, said plan shall include a proposed timetable and shall be
subject to review and approval by the Planning Director.
11. Review and approval by Environmental Resources is required prior to issuance of a
building permit.
12. Prior to the issuance of a building permit, a complete Preparers Statement of
Landscape Compliance and an irrigation plan shall be submitted in accordance with
Article 9 Section 9.3.4.
13. Prior to issuance of a building permit, the Applicant, owner, or successor shall
provide a Covenant in lieu of unity of title for unification of the Property.
14. Prior to issuance of a building permit, the Applicant, owner, or successor shall
provide a determination letter from the FAA and MDAD for the proposed building
height.
15. Prior to issuance of a building permit, the Applicant, owner, or successor shall submit
the following in accordance with Article 3, Section 3.13.1.3.c:
a. Proof of registration with the Green Building Certification Institute, or equivalent
agency;
b. A signed and sealed affidavit from a LEED Accredited Professional, or applicable
designation, stating that the proposed Building is designed to achieve the
required certification; and
c. A LEED Scorecard, or equivalent document, identifying anticipated credits to be
achieved.
16. Prior to the issuance of a building permit, the Applicant, owner, or successor shall
provide a traffic sufficiency letter for review by the Department of Resilience and
Public Works.
17. A dock master will be required for the proposed loading configuration tandem
loading. Prior to issuance of a building permit, the Applicant, owner, or successor
shall provide updated plans indicating location of dock master room.
18. Prior to issuance of a building permit, the Applicant, owner, or successor shall
provide updated plans indicating location of EV Capable parking in accordance with
Article 3, Section 3.6.1.f.
19. Signage is not part of this Exception and shall be reviewed under a separate permit
application in accordance with Article 10 of the Miami 21 Code.
20. The Applicant, owner, or successor shall comply with the requirements of all
applicable departments/agencies as part of the City of Miami building permit
submittal process.
City of Miami Page 4 of 5 File ID: 13576 (Revision:) Printed on: 3/30/2023
File ID: 13576
Enactment Number: R-23-0156
21. The Applicant, owner, or successor must meet all applicable building codes, land
development regulations, ordinances, and other laws and pay all applicable fees due
prior to the issuance of any building permit.
22. The Applicant, owner, or successor shall meet conditions all applicable local, state,
and federal regulations.
23. Any non -substantial modification to the approved plans as a result or consequence
of the Applicant's compliance with other departments and/or agencies and/or codes,
shall require a new review for approval confirmation from the Planning Director in
accordance with Article 7 of the Miami 21 Code.
24. Pursuant to Miami 21 Code, Section 7.1.2.6(e) "an Exception shall be valid for a
period of two (2) years during which a building permit or Certificate of Use must be
obtained. This excludes a demolition or landscape permit. A one-time extension, for
a period not to exceed an additional year, may be obtained if approved by the
Planning Director."
25. Failure to comply with the conditions herein may result in the immediate revocation
of this Exception and shall be subject to any fines and penalties pursuant to City
Code.
26. The City reserves the right to inspect the site to ensure compliance with conditions
as listed.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ndez, Cify Attor iey 3/1312023
This Resolution 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 Resolution, 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 5 of 5 File ID: 13576 (Revision:) Printed on: 3/30/2023