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HomeMy WebLinkAboutO-13758City of Miami Ordinance 13758 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3408 Final Action Date: 3/22/2018 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 "T3-O," SUB -URBAN TRANSECT ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED, FOR THE PROPERTIES LOCATED WITHIN BLOCK 17 OF THE WYNWOOD PARK PLAT AT APPROXIMATELY 3043 NORTHWEST 3 AVENUE, 3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET, AND FROM "T4-L," GENERAL URBAN TRANSECT ZONE -LIMITED, TO "T5-L," URBAN CENTER TRANSECT ZONE -LIMITED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 221, 229, 237, 243, 251, 267, 269, 275, 285, AND 291 NORTHWEST 30 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Westdale Wynwood, LP ("Applicant") has submitted an application to change the zoning classification from "T3-O," Sub -Urban Transect Zone -Open, to "T4-L," General Urban Transect Zone -Limited, for the properties located within block 17 of the Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30 Street, Miami, Florida, as more particularly described in Exhibit "A" (collectively, "Properties"); and WHEREAS, the Properties are located within the Wynwood Edgewater Net Area and have an area of approximately 4.86 contiguous acres of which approximately four (4) acres are the subject of the pending application; and WHEREAS, the Department of Planning has evaluated this application solely upon the criteria found in Article 7, Sections 7.1.2.8(a)(3) and (f)(2) of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and recommended denial; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on November 15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R- 17-091 by a vote of five to two (5-2), Item No. PZAB.8, recommending denial of the proposed Zoning Change; and WHEREAS, the Applicant has voluntarily proffered a restrictive covenant ("Covenant") for these parcels, attached and incorporated as Exhibit "B," wherein the Applicant makes certain covenants and restrictions that the Properties shall be treated as a unified development site City of Miami Page 1 of 3 File ID: 3408 (Revision: B) Printed On: 3/31/2025 File ID: 3408 Enactment Number: 13758 consistent with a concept plan attached thereto for multi -family residential development with a mix of unit sizes, on -site parking, community amenities, limited commercial uses along the ground floor of NW 30th Street, and subject to a Unity of Title or Covenant in Lieu of Unity of Title; Development on the North Parcels shall not exceed a maximum Height of three (3) stories and forty (40) feet and will incorporate architectural elements consistent with existing structures in the neighborhood, including but not limited to Spanish Mission and Mediterranean Revival; Applicant will also, in lieu of providing ten (10) multi -family residential dwelling units as affordable housing as part of future development of the subject Properties, contribute $1,000,000 for neighborhood improvements to a neighborhood revitalization organization or community revitalization trust serving District 5 with $500,000 payable within sixty (60) days of the effective date of the Covenant, $250,000 upon issuance of a building permit, and $250,000 upon issuance of a certificate of occupancy of the subject Properties; and WHEREAS the City Commission accepts the proffered Covenant as being in the best interests of the City and as being beneficial to the area; and WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, based on the evidence and testimony presented at the public hearing, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to consider this proposed zoning change 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 Ordinance No. 13114, as amended, is further amended by changing the zoning classification from "T3-O," Sub -Urban Transect Zone —Open, to "T4-L," General Urban Transect Zone —Limited, for the properties located within block 17 of the Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30 Street, Miami, Florida, as more particularly described in Exhibit "A." Section 3. The Covenant voluntarily proffered by Applicant, attached and incorporated as Exhibit "B," is accepted and approved by the City Commission. Section 4. The Applicant shall record the Covenant within thirty (30) days of the effective date of this Ordinance. Section 3. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Sections 163.3187(5)(c) and 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: 3408 (Revision: B) Printed on: 3/31/2025 File ID: 3408 Enactment Number: 13758 APPROVED AS TO FORM AND CORRECTNESS: ndez, City tton 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: 3408 (Revision: B) Printed on: 3/31/2025