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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-23-0156 Title: 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," 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. LOCATION: Approximately 2000 Northwest 3 Avenue APPLICANT(S): Ryan Bailine, Esq., on behalf of Miami -Dade County and the Housing Trust Group, LLC. PURPOSE: This will allow an attainable mixed -income housing development to abut a "73" Sub Urban Transect Zone FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. PLANNING, ZONING AND APPEALS BOARD: On February 15, 2023 recommended approval, by a vote of 9-0. City of Miami Legislation Resolution Enactment Number: R-23-0156 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," 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 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; 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 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. 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 Un Hez, City Httvr ey 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.