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Home My WebLink AboutPZAB (3609) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-018 City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com File ID: 3609 Final Action Date: 5/2/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENTS, RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5- 0", URBAN CENTER TRANSECT - OPEN, TO "T6-8-0," URBAN CORE TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Riverwest Miami, LLC (the "Applicant") owns the properties located at approximately 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street and 29 Northwest 9 Avenue, Miami, Florida, as more particularly described in Exhibit "A" (the "Properties"); and WHEREAS, on January 25, 2018, the Properties were rezoned from "T4-R", Urban General, to "T5-0", Urban Center Transect — Open; and WHEREAS, also on January 25, 2018, the City Commission waived the 18-month waiting period for successive zoning applications; and WHEREAS, the Applicant proposes to change the zoning designation of the properties designated "T5-0", Urban Center Transect—Open to "T6-8-0", Urban Core Transect — Open; and WHEREAS, the Applicant submitted a companion item to amend the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, by amending the future land use designation of the Properties from "Medium Density Restricted Commercial" to "Restricted Commercial"; and WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive Covenants ("Covenant") for these parcels, attached as Exhibit ' B", that limits any residential uses on the site to Affordable Housing, senior housing, and/or Workforce Housing, with Affordable Housing and Workforce Housing as defined by Section 1.2, Article 1 of the Miami 21 Code, and includes a monetary contribution to the Affordable Housing Trust Fund to be used to improve the affordable housing stock within District 3 of the City of Miami; and WHEREAS, the Applicant proffered the Covenant with the intent to reduce the impact of increased density and intensity by the rezone request; and City of Miami Page 1 of 2 File ID: 3609 (Revision:) Printed On: 5/7/2018 WHEREAS, the Planning Department recommends denial of the proposed zoning change; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the Declaration of Restrictive Covenants, attached hereby as an Exhibit "B" voluntarily proffered by the Applicant; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change necessary; and WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; WHEREAS, the PZAB, after careful consideration of this matter, deems the request advisable and in the best interest of the general welfare of the City and its inhabitants and hereby recommends that the proposed zoning change be granted, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB recommends that the City Commission approve the amendment of the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification of the properties designated "T5-O", Urban Center Transect — Open to "T6-8-O," Urban Core Transect — Open, for the subject Properties, as more particularly described in "Exhibit A", attached and incorporated. Section 3. Fra arcia, Dire Depa ent of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) This Resolution shall become effective upon ad•ption by the PZAB. Execution Pate Personally appeared before me, the undersigned authority, -q 1 6py)5 , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 8 DAY OF A C&' , 201 . n_ z A,unv€Z Print Notary Name Personally know ✓ or Produced I.Q. Type and number of I.D. produced Did take an oath or Did not take an oath e o10 Notary ublic State of Flow My Commission Expires: City of Miami Page 2 of 2 File ID: 3609 (Revision:) Printed On: 5/7/2018 SECTION 2) LEGAL DESCRIPTION: Lots 1,2,3, 4, 5, 16, 17, 18 less the South 10 feet, Block 3 of BRICKELL'S ADDITION TO MIAMI KNOWN AS RIVERVIEW, according to the Plot thereof us recorded In Plat Book 5, Page 43 and Lots 7, 8, 13 and 14, Block 3 of RIVERSIDE BRICKELL'S ADDITION, according to the Piot thereof as recorded in Plot Book 4, Page(s) 45, of the Public Records of Miami -Dole County, Ftorlda, Lot 6, Block 3, of RIVERVIEW (MRS. MARY BRICKELL'S SUBDIVISION), according to the Plot thereof, as recorded In Plot Book. 5, Page 43, of the Public Records of Miami -Dade County, Florida. The North 100 of Lot 9, Block 3, of RIVERVIEW (MRS. MARY BRICI<aL'S SUBDIVISION), according to the Plat thereof, as recorded in Plat Rook 5, Page 43, of the Public Records of Miomi-Dade County, Florida. North 100 feel of Lot 10, Block 3 of BRICKELL'S RIVERVIEW, according to the Plot thereof os recorded in Pot Book 5, Page(s) 43, of the Public Records of Miami -Dade County, Florido, o/k/a North 100 feat of Lot 10, RIVERSIDE, according to the Plot thereof os recorded In Plot Book 4, Page 45, of the Public Records of Miami-0ode County, Florido. The South 50 foci of Lots 9 and 10, Bloch 3 of RIVERSIDE BRICKELL'S ADDITION, according to the Plot thereof os recorded in Plat Book 4, Page 45, a/k/a the South 50 Feet of Lots 9 and 10, Block 3 of RIVERVIEW (Mrs. Mary Brickell's Subdlvlsion) occording to the Piet thereof recorded in Plot Book 5, Page 43, both of the Public Records of Miami -Dade County. Florida. The North 50 feet of Lots 11 and 12, Black 3, "BRICKELL'S RIVERVIEW", according to the Plot thereof, as recorded ; in Plot Book 5, at Page 43, of the Public Records of Miomi-Dodo County Florida, .The South 100 feet of Lot 11, Block 3 of RIVERVIEW, a subdivision in Section 38, Township 54 South, Range 41 East, according to the Plat thereof, recorded in Plot Book 5, Page 43, of the Public Records of Doris County, Florida. less the South ten feel (S. 10') of sold Lot 11 dedicoled to the City of Miami for street purposes; AND The South 100 Feel (5.100') of Lot 12, Block 3, of RIVERSIDE BRICKELL'S ADDITION TO THE CITY OF MIAMI, FLORIDA, according to the Pict thereof, as recorded In Plat Book 4, Page 45, of the Public Records of Dade County, Florida, less the South ten feet (5.10') of said Lot 12 dedicated to the City of Miami for street purposes. Lot 15, LESS South 10 feet, Block 3 of BRICKELL'S ADDITION TO THE CITY OF MIAMI KNOWN AS RIVERSIDE, according to the Plot thereof as recorded in Plot Book 4, Page(s) 43, of the Public Records of MIAMI-DADE County, Florida Lots 15 and 20. 81ock 3 of RIVERVIEW, occarding to the Plot thereof es recorded hi Plat Book 5. Page(s) 43, of the Public Records of Miami -Dods County, Florida.