HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 1036
Title: 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 T3-O "SUB -URBAN TRANSECT ZONE -
OPEN" WITH A NCD-2 COCONUT GROVE NEIGHBORHOOD
CONSERVATION DISTRICT OVERLAY TO T4-R "GENERAL URBAN
TRANSECT ZONE - RESTRICTED" WITH A NCD-2 COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3860, 3850, 3840, 3830,
3841, 3851, 3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue
[Commissioner Ken Russell - District 2]
APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC
PURPOSE: This will allow a zoning classification from "T3-O" Sub -urban Transect Zone -
Open, with an NCD-2 overlay, to "T4-R" General Urban Transect Zone - Restricted, with an
NCD-2 overlay, for the properties located at 3830, 3840, 3850, and 3860 Day Ave; and, from
"T3-O" Sub -urban Transect Zone - Open, with an NCD-2 overlay, to "T4-O" General Transect
Zone - Open, with an NCD-2 overlay, for the properties located at 3841, 3851, 3865, AND
3875 Day Ave.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval of Lots 8, 9, 10 and 11
(3841, 3851, 3865 and 3875 Day Avenue) and denial of Lots 12, 13, 14 and 15 (3860, 3850,
3840 and 3830 Day Avenue).
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 21, 2015, by
a vote of 9-2.
CITY COMMISSION: First Reading deferred from December 10, 2015, January 28, 2016,
March 24, 2016, April 28, 2016, June 23, 2016 and October 27, 2016.
City of Miami File ID: 1036 (Revision: C) Printed On: 1/30/2025
City of Miami
Legislation
Ordinance
Enactment Number:13714
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1036 Final Action Date: 11/16/2017
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 T3-O "SUB -URBAN TRANSECT ZONE - OPEN"
WITH A NCD-2 COCONUT GROVE NEIGHBORHOOD CONSERVATION
DISTRICT OVERLAY TO T4-R "GENERAL URBAN TRANSECT ZONE -
RESTRICTED" WITH A NCD-2 COCONUT GROVE NEIGHBORHOOD
CONSERVATION DISTRICT OVERLAY FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3860, 3850, 3840, 3830, 3841, 3851,
3865, AND 3875 DAY AVENUE, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") at its meeting on
October 21, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-
069 by a vote of nine to two (9-2), Item No. PZAB.2, recommending denial of the zoning change
as set forth herein; and
WHEREAS, the Planning Department recommended approval of the proposed changes
for Lots 8, 9, 10, and 11, or the properties located at 3841, 3851, 3865, and 3875 Day Avenue,
Miami, Florida, and denial of the proposed changes for Lots 12, 13, 14, and 15, or the properties
located at 3860, 3850, 3840, and 3830 Day Avenue, Miami, Florida; and
WHEREAS, the Applicant, Coconut Grove Gateway, LLC, has voluntarily proffered a
covenant, attached as Exhibit "B," that offers the following restrictions and covenants:
(1) The property shall not contain any commercial uses as identified in Article 4, Table 3
of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code") and as defined in Article 1 of Miami 21;
(2) The property will contain a minimum of fourteen (14) residential income restricted
units with the following distinctions:
a. A minimum of seven (7) units reserved for Low to Moderate Affordable
Housing ("Low/Moderate"), which are households with incomes between forty
percent (40%) and eighty percent (80%) of the area median income ("AMI")
as determined by the City's Department of Community and Economic
Development ("CED");
b. A minimum of five (5) units reserved for Workforce Housing ("Workforce"),
which are households with incomes between sixty-five percent (65%) and
one hundred forty percent (140%) of the AMI as determined by CED; and
c. A minimum of two (2) units are reserved for Extremely Low Income Housing
("ELI"), which are households with incomes less than thirty percent (30%) of
the AMI as determined by CED;
City of Miami File ID: 1036 (Revision: C) Printed On: 1/30/2025
(3) The parcels on the southern portion of the property ("South Parcels") will contain no
less than one (1) ELI unit, three (3) Workforce units, and three (3) Low/Moderate
units;
(4) To the extent that the City provides the Applicant with the requisite funding or
subsidies for the development and operation of ELI housing on the South Parcels,
the Applicant agrees to restrict no less than seven (7) units on the South Parcels for
ELI housing;
(5) The Applicant covenants to provide relocation assistance for tenants located at the
property when the property is redeveloped for multifamily housing or when tenants
are relocated from the property in anticipation of redevelopment, whichever comes
first, by providing up to $500.00 in moving expenses, utility relocation expenses to
initiate new FPL and water service within ninety (90) days of a tenant relocating, and
to provide assistance with locating alternate housing of comparable quality to the
tenant's current unit; and
(6) Rescission of the covenant requires unanimous approval from the City Commission
after public meetings with the Coconut Grove Village West Homeowners and
Tenants Association, Inc. ("HOATA") and the Coconut Grove Ministerial Alliance, Inc.
("Ministerial Alliance).
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 change of zoning classification as hereinafter set forth;
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 Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of the Miami 21 Code is further amended by changing the
zoning classification from T3-O "Suburban Transect Zone -Open" with an NCD-2 Coconut Grove
Neighborhood Conservation District Overlay to T4-R "General Urban Transect Zone —
Restricted" with a NCD-2 Coconut Grove Neighborhood Conservation District Overlay for the
properties located at approximately 3860, 3850, 3840, 3830, 3841, 3851, 3865, and 3875 Day
Avenue, Miami, Florida, all as described in Exhibit "A," attached and incorporated.
Section 3. The City Commission accepts the covenant voluntarily proffered by the
Applicant with the restrictions and covenants as further described herein.
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.
Section 5. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 6. 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 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
calendar 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 File ID: 1036 (Revision: C) Printed On: 1/30/2025
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 1036 (Revision: C) Printed On: 1/30/2025