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Home My WebLink AboutO-13778City of Miami Ordinance 13778 Legislation City Hall 3500 Pan American 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-O," 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 Page 1 of 3 File ID: 3188 (Revision: B) Printed On: 4/1/2025 File ID: 3188 Enactment Number: 13778 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 Page 2 of 3 File ID: 3188 (Revision: B) Printed on: 4/1/2025 File ID: 3188 Enactment Number: 13778 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: 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 Page 3 of 3 File ID: 3188 (Revision: B) Printed on: 4/1/2025