HomeMy WebLinkAboutPZAB (3609) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-18-018
File ID: 3609 Final Action Date: 612/2018
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENTS, RECOMMENDING APPROVAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 75-
O", URBAN CENTER TRANSECT - OPEN, TO 76-8-0," 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, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Riverwest Miami, LLC (the "Applicant") owns the properties located at
approximately 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street and 29 Northwest
9 Avenue, Miami, Florida, as more particularly described in Exhibit "A" (the "Properties"); and
WHEREAS, on January 25, 2018, the Properties were rezoned from "74-R", Urban
General, to 75-0", Urban Center Transect — Open; and
WHEREAS, also on January 25, 2018, the City Commission waived the 18-month
waiting period for successive zoning applications; and
WHEREAS, the Applicant proposes to change the zoning designation of the properties
designated 75-0", Urban Center Transect—Open to 76-8-0", 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 land use
designation of the Properties from "Medium Density Restricted Commercial' to "Restricted
Commercial'; and
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants ("Covenant") for these parcels, attached as Exhibit "B", that limits 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 the Miami 21
Code, 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 rezone request; and
City of Miami Page 1 of 2 File ID: 3609 (Revision:) Printed On: 5/7/2019
WHEREAS, the Planning Department recommends denial of the proposed zoning
change; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
Declaration of Restrictive Covenants, attached hereby as an Exhibit "B" voluntarily proffered by
the Applicant; and
WHEREAS, PZAB has considered the need and justification for the proposed change,
including changing and changed conditions that make the passage of the propose change
necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
WHEREAS, the PZAB, after careful consideration of this matter, deems the request
advisable and in the best interest of the general welfare of the City and its inhabitants and
hereby recommends that the proposed zoning change be granted, as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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 PZAB recommends that the City Commission approve the
amendment of the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning
classification of the properties designated '75-0", Urban Center Transect — Open to "76-8-0,"
Urban Core Transect — Open, for the subject Properties, as more particularly described in
"Exhibit A", attached and incorporated.
Section 3. This Resolution shall become effective upon ad ption by the PZAB.
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k4ra cisc arcia, Dire o Execution ate
Depa ent of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
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Personally appeared before me, the undersigned authority, _ _ -1 t t :>y)5 , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS —a— DAY OF M u�, 2019
Print Notary Name Notary ublic State of Flo da
Personally know or Produced I.Q. My Commission Expires!
Type and number of I.D. produced
Did take an oath or Did not take an oath
BEATWALVAREZ
A;� ; 4 mmiasion GG 153775
; •.'� P Expires November 20, 2021
tmry r�Fesaaas
City of Miami Page 2 of 2 File ID: 3609 (Revision:) Printed On: 5/7/2018
SEC ION 2 LEGAL DESCRIPTION;
Lots 1,2,3, 4, 5, 16, 17. 18 less the South 10 feet, Block 3 of BRICKELL'S ADDITION TO MIAMI KNOWN AS RIVERVIEW,
according to the Plot thereof as retarded In Plat Book 5, page 43 and Lars 7, 8, 13 and 14. Block 3 of
RiVERS1D£ BRICKELL'S ADDITION, according to the Plot thereof as recorded in Plat Book 4, Page(s) 45, of the Public
Records of Miami-DoiCaunty, Florida,
Lot 6, Block 3, of RNERVIEW (MRS. MARY 9RI09ELL'S SUBDMSION), according to the Plot thereof, as recorded In I
Plot Boats. 5, Page 43, of the Public Records of MTorr ode County, Florida. j
I
The North 100 of Lot 9, Black 3, of RIVERVIEW (MRS. MARY BRICKFi.L'S SUBOIVr51CN), according to the Plot thereof,
as recorded in Plat Rook 5, Page 43, of the Public Records of Mieml-0ode County, Florida.
North 100 feel of Lot 10, Block 3 of BRICKEW5 RIVERVIEW, according to the Plat thereof as recorded in P}at Book
5, Page(s) 43, of the Public Records of Miami -Dade County, Florida, o/k/o North 100 feet of Lot 10, RIVERSIDE,
according to the Plot thereof os.recorded In Plot Book 4, Page 46. of the Public Records of Miami-Dode County, I .
Florida.
The South 50 feet or Lots 9 and 10, 81 3 of RIVERSIDE BRICKELL'S ADDITION, according to the Plat thereof os
recorded in Plot Book 4, Page 45, a/k/a the South 54 feet of Lots 9 and 10, Block 3 of RIVERVIEW (Mrs. Mary
Brickell's Subdivision) occording to the Plat thereof recorded in Plot Book 5, Page 43, both of the Public Records of
Mlarrrf-Dade Caunty, Florida.
The North 50 feet of Lots 11 and 12, Black 3, "BRICKELL'5 RIVERVIEW", according to the Plat thereof, as retarded ;
in Plat 80014 5, at Page 41 of the Public Records of Miami -Dada County Florida,
The South 100 feet of Lot 11. Block 3 or RIVERVIEW. a subdivision in Section 30, Township 54 South, Range 41
East, according to the Plat thereof, recorded in Plot Book S. Page 43, of the Public Records of Dode County, i Florida, less the South ten feel (S. 10') of sold Lot 11 dediccted to the C€ty of Miami for street purposes;
AND
The South 10o Feet (5.100') of tot 12, Block 3, of RIVERSIDE BRICKELL'S ADDIT1061 TO THE 01'Y OF MIAMI, FLORIDA.
according to the Met thereof, as recorded In Plat Book 4, Page 45, of the Public Records of Dade County, Florida,
less the South ten feet (S.10') of said Lot 12 dedicated to the City of Miami for street purposes,
Lot 15, LESS South 10 feet, Block 3 of BRICKELL'S ADDITION TO THE CITY OF MIAMI KNOWN AS RIVERSiO�, according
to the Plot thereof as recorded in Plot Book 4, Page(s) 43, el the Public Records of MIAMI-DADE County, Florida
Lots 19 and 20. Block 3 of RIVERVIEW, according to the Plot thereof as recorded In Plat Book 5, Page(s) 43, of
the Public Records of Miami -Dada County, Florida. -