HomeMy WebLinkAboutOrdinance
City of Miami
City Hall
3500 Pan American Drive
Ordinance
Miami, FL 33133
www.miamigov.com
Legislation
File Number: 4201 Final Action Date: 2/10/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN
CENTER TRANSECT - OPEN, TO "T6-8-O," URBAN CORE TRANSECT -
OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860,
868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE,
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Riverwest Miami, LLC ( owns the properties located at
approximately 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street and 29 Northwest
-R,
General Transect - Restricted-O, Open; and
WHEREAS, also on January 25, 2018, the City Commission waived the eighteen (18)
month waiting period for successive zoning applications; and
WHEREAS, the Applicant proposes to change the zoning designation of the properties
-O, Urban Center Transect Open, -8-O, Urban Core Transect Open;
and
WHEREAS, the Applicant submitted a companion item to amend the Future Land Use
Map of the Miami Comprehensive Neighborhood Plan by amending the
future
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants and incorporated as ,
any residential uses on the site to Affordable Housing, senior housing, and/or Workforce
Housing, with Affordable Housing and Workforce Housing as defined by Section 1.2, Article 1 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
and includes a monetary contribution to the Affordable Housing Trust Fund to be
used to improve the affordable housing stock within District 3 of the City of Miami ; and
WHEREAS, the Applicant proffered the Covenant with the intent to reduce the impact of
increased density and intensity by the proposed zoning change; and
WHEREAS, the Planning Department recommends denial of the proposed zoning
change; and
City of Miami Page 1 of 3 File ID: 4201 (Revision: ) Printed On: 7/10/2024
File ID: 4201 Enactment Number:
2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-018 by a vote
of seven to three (7-3), Item No. PZAB.3, recommending approval of the proposed zoning
change; and
WHEREAS, the City Commission gave due consideration to 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 Covenant, attached and
incorporated as ,
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed zoning change necessary; and
WHEREAS, the proposed zoning change 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 zoning change maintains the goals of the Miami 21 Code to
preserve neighborhoods and provide transitions in intensity and building height; and
WHEREAS, the City Commission finds that there is competent substantial evidence in
the record to support the proposed zoning change for the Properties; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to grant
this zoning change as set forth and accept the Covenant voluntarily proffered by the Applicant;
NOW, THEREFORE, BE IT ORDAINED 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 Zoning Atlas of Ordinance No. 13114, as amended, is further amended
-O, Urban Center Transect Open, -8-
Urban Core Transect Open, for the Properties, as more particularly described in "Exhibit A,"
attached and incorporated.
Section 3. The Covenant voluntarily proffered by the Applicant, attached and
incorporated
Section 4. The Applicant shall record the Covenant, attached and incorporated as
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof pursuant and subject to Section 163.3187(5)(c), Florida Statutes,
1
and Section 163.3184(12), Florida Statutes.
1
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
City of Miami Page 2 of 3 File ID: 4201 (Revision: ) Printed on: 7/10/2024
File ID: 4201 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
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: 4201 (Revision: ) Printed on: 7/10/2024