HomeMy WebLinkAboutR-25-0225City of Miami
Resolution R-25-0225
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17524 Final Action Date: 6/17/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS AN EXCEPTION PURSUANT TO ARTICLE
3, SECTION 3.15.3 OF ORDINANCE NO. 13114, THE ZONING CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW AN
ATTAINABLE HOUSING DEVELOPMENT TO ABUT THE T3 TRANSECT ZONE
WHERE ALL DWELLING UNITS ARE AT OR BELOW EIGHTY PERCENT
(80%) AREA MEDIAN INCOME ("AMI") AND A PORTION IS ON CITY -OWNED
LAND; FURTHER APPROVING WITH CONDITIONS SIX (6) SUBORDINATE
WARRANTS PURSUANT TO ARTICLE 3, SECTION 3.15.4, SECTION
3.15.4(D), SECTION 3.15.4(E), SECTION 3.15.4(F), SECTION 3.15.4(G), AND
SECTION 3.15.5(C) OF THE MIAMI 21 CODE TO ALLOW FOR THE
DEVELOPMENT OF AN ATTAINABLE MIXED -INCOME HOUSING
DEVELOPMENT TO BE DEVELOPED IN ACCORDANCE WITH SECTION
3.15.4 OF THE MIAMI 21 CODE, INCLUDING TO ALLOW PARKING TO
EXTEND INTO THE SECOND LAYER ABOVE THE FIRST STORY, TO ALLOW
A PEDESTRIAN CROSS BLOCK PASSAGE TO NOT BE REQUIRED, TO
ALLOW SUCH DEVELOPMENT ABUTTING TWO (2) THOROUGHFARES TO
HAVE ONLY ONE (1) PRINCIPAL FRONTAGE WITH NO MINIMUM
PRINCIPAL FRONTAGE LINE, AND TO ALLOW THE PROPERTY TO EXCEED
THE MAXIMUM LOT AREA REQUIREMENTS, AND TO ALLOW AN
ADDITIONAL FIFTEEN PERCENT (15%) PARKING REDUCTION PURSUANT
TO SECTION 3.15.5; AND APPROVING WITH CONDITIONS A WAIVER
PURSUANT TO ARTICLE 3, SECTION 3.15.4(D) OF THE MIAMI 21 CODE
REGARDING THE SIZE, LOCATION, AND MATERIALS FOR SUCH
SCREENING ELEMENTS, FOR THE PROPERTY GENERALLY LOCATED AT
1199, 1177, 1165, 1155, 1153, 1147, 1141, AND 1135 NORTHWEST 62
STREET, 1196 NORTHWEST 63 STREET, AND 6255 NORTHWEST 12
AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN THE
ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Yaeger Plaza Partners, LLC ("Applicant") applied to the City of Miami
("City") for an Exception pursuant to Article 3, Section 3.15.3, Six (6) subordinate Warrants
pursuant to Article 3, Section 3.15.4, Section 3.15.4(d), Section 3.15.4(e), Section 3.15.4(f),
Section 3.15.4(g), and Section 3.15.5(c), and a subordinate Wavier pursuant to Article 3,
Section 3.15.4(d) to allow an Attainable Mixed -Income Housing Development on City -owned
land, where all the Dwelling Units are at or below eighty percent (80%) Area Median Income
("AMI"), Abutting the T3 Transect Zone, for such Development to be developed in accordance
with the standards contained in Section 3.15.4 of Ordinance No. 13114, the Zoning Ordinance
of the City of Miami, Florida, as amended ("Miami 21 Code"), and for an additional fifteen
City of Miami Page 1 of 5 File ID: 17524 (Revision:) Printed On: 8/25/2025
File ID: 17524 Enactment Number: R-25-0225
percent (15%) parking reduction for the property generally located at 1199, 1177, 1165, 1155,
1153, 1147, 1141, and 1135 Northwest 62 Street, 1196 Northwest 63 Street, and 6255
Northwest 12 Avenue, Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A" ("Property"); and
WHEREAS, Section 3.15.3 of the Miami 21 Code provides that Affordable and
Attainable Mixed -Income Housing Developments where all Dwelling Units are at or below eighty
percent (80%) AMI or that are Government or religious institution Developments, whether
owned or leased by the City, County, CRA, or a religious institution, that abut a T3 Zone are
permitted by Exception with City Commission approval in accordance with Article 4, Table 12;
and
WHEREAS, Section 3.15.3 of the Miami 21 Code also provides that all Affordable and
Attainable Mixed -Income Developments that share a property line with a T3 Zone shall provide
a buffer appropriate to the context in accordance with Article 4, Table 12; and
WHEREAS, Section 3.15.4 of the Miami 21 Code provides that Affordable and
Attainable Mixed -Income Housing Developments may be developed in accordance with the
certain standards, subject to a Warrant; and
WHEREAS, Yaeger Plaza ("Project") has been designed as an eight (8) story mid -rise
mixed -use Attainable Mixed -Income Housing building with approximately one hundred thirty-five
(135) dwelling units; and
WHEREAS, the Project will provide all Dwelling Units at or below eighty percent (80%)
AMI; and
WHEREAS, the Property is located in the Model City neighborhood; and
WHEREAS; the Property is located in the Martin Luther King Boulevard Streetscape
Beautification Master Plan Overlay; and
WHEREAS, the Property is zoned "T6-8-O," Urban Core Transect Zone — Open, and
"T4-R," General Urban Transect Zone — Restricted; and
WHEREAS, the existing Miami Comprehensive Neighborhood Plan ("MCNP") Future
Land Use Map ("FLUM") is "Medium Density Restricted Commercial" and "Restricted
Commercial"; and
WHEREAS, 1199 Northwest 62 Street is owned by the City; and
WHEREAS, the Project is located within a quarter (1/4) mile of the Northwest 62 Street
Transit Corridor; and
WHERAS, pursuant to the Affordable Housing Certificate issued by the Department of
Housing and Community Development, this project is certified as Attainable Mix -Income
Housing; and
WHEREAS, pursuant to Article 7, Section 7.1.2.6, Section 7.1.2.4, and Section 7.1.2.5 of
the Miami 21 Code, it is found that the Applicant has submitted the necessary information to the
Planning Department which demonstrates compliance with the guidelines and criteria required
for this type of permit, as specified in the Miami 21 Code, including Article 4, Table 12; and
City of Miami Page 2 of 5 File ID: 17524 (Revision:) Printed on: 8/25/2025
File ID: 17524 Enactment Number: R-25-0225
WHEREAS, based on the analysis, it is found that the herein request(s) are consistent
with the criteria of the Miami 21 Code, with conditions; and
WHEREAS, on April 16, 2025, at a duly noticed public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for Exception, item PZAB 14, and
passed PZAB-R-24-18166, recommending approval with conditions, by a vote of eight to zero
(8-0); and
WHEREAS, the City Commission, pursuant to the criteria is Article 4, Table 12; and
Article 7, Sections 7.1.2.6, 7.1.2.4, and 7.1.2.5 of the Miami 21 Code, approves with conditions;
and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, it is found that the applicable requirements of the Miami 21 Code have been
met with the conditions as stated in Section 2 herein; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve with conditions the requested
Exception, Warrants, and Waiver;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 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 City Commission hereby approves of the Exception, Warrants, and
Waiver pursuant to Article 3, Section 3.15, and Article 7, Sections 7.1.2.6, 7.1.2.4, and 7.1.2.5 of
the Miami 21 Code, subject to the following conditions:
1. The proposed Attainable Mixed -Income Housing Development shall be in accordance with
the plans entitled "Yaeger Plaza" as prepared by Registered Architect, Felix J. Cordoves,
and batch stamped PZ-24-18166 by the City of Miami.
2. At the time of the Building permit, submit a recorded covenant running with the land
acceptable to the City of Miami, confirming the property will meet the criteria herein and for
the program for a period of no less than thirty (30) years from the date of the issuance of a
final Certificate of Occupancy for homeownership or rental housing Development, with two
(2) automatic ten (10) year extensions for Development that contains any rental housing that
may be released by a vote of the City Commission. Such covenant must also meet all other
requirements including those set forth in Chapter 62 of the City Code.
3. The Project will provide all Dwelling Units at or below eighty percent (80%) AMI.
4. The Development Project is subject to Ordinance No. 13656, titled Art in Public Places
Program; specifically, Article 3, Section 3.16 and Article 11 Section 11.7 of the Miami 21
Code. All Government Development Projects shall provide for the acquisition of Art
equivalent in value to not less than one and one-half percent (1.5%) of the Project Cost of all
Government Development Project(s).
5. Pursuant to Article 5, Section 5.4.7(c) of the Miami 21 Zoning Code:
Lighting of building and contingent Open Spaces shall be compatible with street lighting of
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File ID: 17524 Enactment Number: R-25-0225
Abutting public spaces as illustrated in Article 8. Interior garage lighting fixtures shall not be
visible from streets. At time of Building Permit, the plan must be amended to include a back
plate for the internal lighting of the parking area.
6. Revise Parking Structure screen to conceal the Structure internal elements both day and
night, per Miami 21, Article 4, Table 12. For example, alter the angle of the screen zig-zag
pattern or alter the design of the perforations.
7. Project shall incorporate Facade treatments on the ground floor such as changes in material
and articulation to accentuate primary Building entries, per Miami 21, Article 4, Table 12;
and retail entries and residential entries are to be accentuated differently.
8. All outstanding Public Benefit contributions shall be paid at time of Building Permit.
9. Any noise generated on site shall conform to Chapter 36 of the City Code, as amended,
including any future amendments for noise regulation.
10. Any concerns and/or complaints related to noise nuisance shall be addressed and resolved
immediately.
11. The subject Property shall comply with all Building Code regulations and shall not have any
open Code violations.
12. The Applicant, owner, and successor shall comply with the requirements of all applicable
Departments/Agencies as part of the City of Miami building permitting process.
13. In accordance with Article 3, Section 3.15.3, the Applicant shall provide a more substantial
buffer between the Property and the abutting T3. For example, by providing additional
landscaping along the fence line to fully obscure visibility.
14. The City reserves the right to inspect the Property site to ensure compliance with the
conditions as listed.
15. School Concurrency Review is required when this Project comes back for its building permit.
16. Fire Department Connection ("FDC") must not be farther than 100' of proposed hydrant on
Sheet A-201.
17. 1177 Northwest 62 Street, as stated by the Applicant and found in plans, must be the listed
address for this project. This will make Northwest 62 Street its primary frontage where the
functional entrance along with hydrant and FDC will be located.
18. The City of Miami has implemented the Independent Traffic Impact Study provision in City
Code Section 62-2.1. In order to begin the process, the Applicant will be invoiced for a Trip
Generation Review. The City consultants will review the trip generation to determine if a full
traffic study is required.
19. At time of the Building Permit, a Traffic Study will need to be submitted and reviewed by City
of Miami Transportation.
20. Pursuant to Article 7, Section 7.1.2.6(f), "an Exception shall be valid for a period of three (3)
years during which a building permit or Certificate of Use must be obtained. This excludes a
demolition or landscape permit. A one (1) time extension, for a period not to exceed an
additional year, may be obtained upon approval by the Planning Director."
21. Pursuant to Article 7, Section 7.1.2.4.c.4, "a Warrant shall be valid for a period of three (3)
years during which a building permit or Certificate of Use must be obtained. This excludes a
demolition or landscape permit. A one-time extension, for a period not to exceed an
additional year, may be obtained if approved by the Planning Director."
22. Pursuant to Article 7, Section 7.1.2.5(f), "a Waiver shall be valid for a period of three (3)
years during which a building permit or Certificate of Use must be obtained. This excludes a
demolition or landscape permit. A one-time extension, for a period not to exceed an
additional year, may be obtained upon approval by the Zoning Administrator."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective ten (10) days upon its adoption.'
City of Miami Page 4 of 5 File ID: 17524 (Revision:) Printed on: 8/25/2025
File ID: 17524 Enactment Number: R-25-0225
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy ng III, C y ttor -y 5/13/2025
' This Resolution 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 5 of 5 File ID: 17524 (Revision:) Printed on: 8/25/2025