HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 3148
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 "T4-R," GENERAL URBAN TRANSECT-
RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT-OPEN, FOR
THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868,
AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE
AND BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8-O,"
URBAN CORE TRANSECT—OPEN TO "T6-12-0," URBAN CORE
TRANSECT—OPEN, FOR THE PROPERTIES LOCATED AT 36 AND 40
NORTHWEST 8 AVENUE, MIAMI, FLORIDA; FURTHER WAIVING THE
18-MONTH LIMITATION FOR REZONINGS; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 824, 826, 834, 842, 852, 860, 868, and 876 NW 1 St, 36, and 40
NW 8 Ave, and 29 NW 9 Ave [Commissioner Joe Carollo - District 3]
APPLICANT(S): William Riley, Esq., on behalf of Riverwest Miami, LLC
PURPOSE: This will allow a rezoning for eleven (11) parcels zoned "T4-R" General Urban
Transect Zone -Restricted and "T6-8-O" Urban Core Transect Zone -Open to "T5-O" Urban
Center Transect Zone -Open and "T6-12-0" Urban Core Transect Zone -Open as depicted in
"Table 1: FLUM amendment and Rezoning request".
FINDING(S):
PLANNING DEPARTMENT: Recommended denial
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 16, 2017,
by a vote of 10-1.
City of Miami File ID: 3148 (Revision: 8) Printed On: 2/4/2025
City of Miami
Legislation
Ordinance
Enactment Number:13738
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 3148 Final Action Date: 1/25/2018
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 "T4-R," GENERAL URBAN TRANSECT-
RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT-OPEN, FOR
THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND
876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE AND BY
CHANGING THE ZONING CLASSIFICATION FROM "T6-8-O," URBAN
CORE TRANSECT-OPEN TO "T6-12-0," URBAN CORE TRANSECT-
OPEN, FOR THE PROPERTIES LOCATED AT 36 AND 40 NORTHWEST
8 AVENUE, MIAMI, FLORIDA; FURTHER WAIVING THE 18-MONTH
LIMITATION FOR REZONINGS; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
16, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-071 by a
vote of ten to one (10-1), Item No. PZAB.13, recommending approval of the zoning change as
stated herein; and
WHEREAS, the properties located at 824, 826, 834, 842, 852, 860, 868, and 876
Northwest 1 Street and 29 Northwest 9 Avenue, Miami, Florida are currently located in a "T4-R,"
General Urban Transect-Restricted; and
WHEREAS, the properties located at 36 and 40 Northwest 8 Avenue, Miami, Florida are
currently located in a "T6-8-O," Urban Core Transect-Open; and
WHEREAS, Riverwest Miami, LLC ("Applicant") proposes to change the zoning
designation of the properties designated "T4-R," General Urban Transect-Restricted, to "T5-O,"
Urban Center Transect-Open, and to change the zoning designation of the properties
designated "T6-8-O," Urban Core Transect-Open, to "T6-12-0," Urban Core Transect-Open;
and
WHEREAS, the Planning Department analyzed the Applicant's request of a zoning
change for 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street and 29 Northwest 9
Avenue, Miami, Florida from "T4-R," General Urban Transect-Restricted, to "T5-O," Urban
Central Transect-Open, and recommended denial; and
WHEREAS, the Planning Department analyzed the Applicant's request of a zoning
change for 36 and 40 Northwest 8 Avenue, Miami, Florida from "T6-8-O," Urban Core Transect-
Open, to "T6-12-0," Urban Core Transect-Open, and recommended denial; and
WHEREAS, the Applicant has voluntarily proffered a restrictive covenant, attached as
City of Miami File ID: 3148 (Revision: B) Printed On: 2/4/2025
Exhibit "B," that offers the following restrictions and covenants:
(1) Future use of the Property shall be restricted to a single, uniform development program
to include the following uses:
a. General retail;
b. Retail grocery;
c. Residential; and
d. Customary ancillary uses including off-street parking;
(2) In the event that the Applicant seeks development incentives pursuant to Section 3.15,
Article 3 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of
Miami, Florida ("Miami 21 Code"), the Applicant or its successor shall commit all
residential units within the development program as affordable, senior housing, and/or
workforce housing;
(3) The Applicant will make a voluntary monetary contribution to the City of Miami ("City") in
the amount of $500,000.00 as a funding source to improve the affordable housing stock
within the City's jurisdictional boundaries to be paid by the Applicant to the City's
Affordable Housing Trust Fund for expenditure in District 3 or for later re -appropriation
for a City department or agency to address affordable housing needs in District 3; and
WHEREAS, the Applicant has requested to waive the time limits set forth in Section
7.1.2.8(g)(5) of the Miami 21 Code; 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
the proposed zoning change as stated herein and waive the requirements of Section
7.1.2.8(g)(5) of the Miami 21 Code 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 City Commission approves the amendment of the Zoning Atlas of
Ordinance No. 13114, as amended, by changing the zoning classification of the properties
designated "T4-R," General Urban Transect—Restricted, to "T5-O," Urban Center Transect—
Open, and by changing the zoning classification of the properties designated "T6-8-O," Urban
Core Transect—Open, to "T6-12-0," Urban Core Transect—Open, as more particularly described
in Exhibit "A", attached and incorporated.
Section 3. The Applicant has voluntarily proffered a covenant, attached and
incorporated as Exhibit "B," which is accepted by the City Commission.
Section 4. The Applicant shall record the covenant in the public records of Miami -Dade
County, Florida within thirty (30) days of City Commission action and provide copies to the City
Attorney's Office and the Planning Department upon recordation the voluntarily proffered
covenant.
Section 5. The time limitations as set forth in Section 7.1.2.8(g)(5) of the Miami 21 Code
are hereby waived.
Section 6. This Ordinance shall become effective thirty-one (31) days after second
City of Miami File ID: 3148 (Revision: 8) Printed On: 2/4/2025
reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ez, ity ttor ey ) 11/6/2017
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
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: 3148 (Revision: 8) Printed On: 2/4/2025