HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 3188
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 "T5-L," URBAN CENTER —LIMITED, TO "T6-8-
0," URBAN CORE —OPEN, OF THE APPROXIMATE .60 ACRES OF
REAL PROPERTIES LOCATED AT APPROXIMATELY 1392
NORTHWEST 36 STREET AND 1385 AND 1373 NORTHWEST 35
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; ACCEPTING THE VOLUNTARILY PROFFERED
COVENANT; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 1392 NW 36 St, 1385 NW 35 St and 1373 NW 35 St
[Commissioner Wfredo "Willy" Gort - District 1]
APPLICANT(S): Melissa Tapanes-Llahues, Esq., on behalf of Allapattah Ventures, LLC
PURPOSE: This will change the above properties from "T5-L" Urban Center - Limited to "T6-8-
0" Urban Core - Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On October 16, 2017, failed to make a
recommendation; the motion to approve failed 5-6.
City of Miami File ID: 3188 (Revision: B) Printed On: 2/18/2025
City of Miami
Legislation
Ordinance
Enactment Number:13778
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 3188 Final Action Date: 7/26/2018
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 "T5-L," URBAN CENTER —LIMITED, TO "T6-8-
0," URBAN CORE —OPEN, OF THE APPROXIMATE .60 ACRES OF REAL
PROPERTIES LOCATED AT APPROXIMATELY 1392 NORTHWEST 36
STREET AND 1385 AND 1373 NORTHWEST 35 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
ACCEPTING THE VOLUNTARILY PROFFERED COVENANT; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 1392 Northwest 36 Street and 1385
and 1373 Northwest 35 Street, Miami, Florida ("Property"), as more particularly described in
Exhibit "A," are currently zoned "T5-L," Urban Center —Limited; and
WHEREAS, Allapattah Ventures, LLC ("Applicant") submitted an application to change
the zoning classification from "T5-L," Urban Center —Limited, to "T6-8-O," Urban Core —Open;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
16, 2017, following an advertised public hearing, failed to make a recommendation regarding
the change to the zoning classification as the Motion to Approve failed by a vote of five to six (5-
6); and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants
("Covenant"), attached hereto and incorporated herein as Exhibit "B," limiting the development
of the subject Property as summarized below:
A. The Property is intended to be developed as a phased project together with the
parcels under common ownership and identified by Miami -Dade Tax Folio Nos.
01-3126-039-2870, 01-3126-039-2880, and 01-3126-039-2890 (together with the
Property, "Project").
B. Primary vehicular access to the Project shall not be provided along Northwest 35
Street so long as the properties to the south have a zoning classification of "T3-
0," Sub -urban -Open or below, with the exception that parking for the townhouses
may be provided along Northwest 35 Street.
C. The Applicant shall incorporate townhouses into the development scheme along
the Northwest 35 Street frontage in order to buffer the residential neighborhood
to the south of the Property.
City of Miami File ID: 3188 (Revision: B) Printed On: 2/18/2025
D. The Applicant shall develop either an "Affordable Housing Development" or an
"Attainable Mixed -Income Housing Development" on the Property as such terms
are defined in the Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), satisfying the certification
requirements under Section 3.15.1 and 3.15.2, respectively, of the Miami 21
Code. In the event an "Affordable Housing Development" or "Attainable Mixed -
Income Housing Development" is not developed on the Property, the Property
shall be developed according to the "T5-L," Urban Center -Limited, zoning
classification.
E. Notwithstanding the foregoing, in the event that between June 1, 2017 and
December 31, 2022, the Applicant, successors, or assigns (including contract
purchasers) submit at least five (5) Low Income Housing Tax Credit ("LIHTC"),
State Apartment Incentive Loan ("SAIL"), and/or tax exempt bond financing
applications to the Florida Housing Finance Corporation ("FHFC") for the
Property and the applications do not result in a financing allocation by FHFC, the
Property may be developed according to the "T6-8-O," Urban Core —Open, zoning
classification so long as Five Thousand Dollars ($5,000.00) per net incremental
unit developed by virtue of the "T6-8-O," Urban Core -Open, or the amount
required by the City's Public Benefits Program, whichever is greater, is
contributed to the Affordable Housing Trust Fund. The amount required by the
City's Public Benefits Program shall be determined based on the net square
footage of each net incremental unit developed by virtue of the "T6-8-O," Urban
Core -Open, pursuant to Section 3.14.4.a.3 of the Miami 21 Code; and
WHEREAS, after a public hearing, due consideration has been given to the goals,
objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other
City of Miami regulations; and
WHEREAS, due consideration has been given to the need and justification for the
request to change the zoning classification, including changing and changed conditions that
make the passage of the proposed change necessary; and
WHEREAS, due consideration has also been given to the Covenant, attached and
incorporated as Exhibit "B," which was voluntarily proffered by the Applicant; and
WHEREAS, the proposed change to the zoning classification is appropriate in light of the
intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and
WHEREAS, the proposed change to the zoning classification maintains the goals of the
Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building
height; and
WHEREAS, the City Commission finds that there is competent substantial evidence in
the record to support the request to change of zoning classification for the Property; 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 of Miami and its inhabitants
to grant this request to change the zoning classification as set forth herein; and
WHEREAS, the City Commission accepts the Covenant voluntarily proffered by the
Applicant, attached and incorporated as Exhibit "B";
City of Miami File ID: 3188 (Revision: B) Printed On: 2/18/2025
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, should be further
amended by changing the zoning classification from "T5-L," Urban Center —Limited, to "T6-8-O,"
Urban Core —Open, for the Property, as more particularly described in Exhibit "A."
Section 3. The Covenant voluntarily proffered by the Applicant, attached and
incorporated as Exhibit "B," is accepted by the City Commission.
Section 4. The Applicant shall record the Covenant, attached and incorporated as
Exhibit "B," within thirty (30) days of the effective date of this Ordinance.
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. 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 7. This Ordinance shall become effective ten (10) days after approval at second
reading.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tutor ey 6/19/2018
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: 3188 (Revision: B) Printed On: 2/18/2025