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