HomeMy WebLinkAboutO-13738City of Miami
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Ordinance 13738
File Number: 3148
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/25/2018
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 74-R," GENERAL
URBAN TRANSECT -RESTRICTED, TO 75-0," URBAN CENTER TRANSECT -
OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852, 860, 868,
AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE AND BY
CHANGING THE ZONING CLASSIFICATION FROM 76-8-0," URBAN CORE
TRANSECT -OPEN TO 76-12-0," URBAN CORE TRANSECT -OPEN, FOR THE
PROPERTIES LOCATED AT 36 AND 40 NORTHWEST 8 AVENUE, MIAMI,
FLORIDA; FURTHER WAIVING THE 18 -MONTH LIMITATION FOR REZONINGS;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
16, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-071 by a
vote of ten to one (10-1), Item No. PZAB.13, recommending approval of the zoning change as
stated herein; and
WHEREAS, the properties located at 824, 826, 834, 842, 852, 860, 868, and 876
Northwest 1 Street and 29 Northwest 9 Avenue, Miami, Florida are currently located in a 74-R,"
General Urban Transect -Restricted; and
WHEREAS, the properties located at 36 and 40 Northwest 8 Avenue, Miami, Florida are
currently located in a 76-8-0," Urban Core Transect -Open; and
WHEREAS, Riverwest Miami, LLC ("Applicant") proposes to change the zoning
designation of the properties designated 74-R," General Urban Transect -Restricted, to 75-0,"
Urban Center Transect -Open, and to change the zoning designation of the properties
designated 76-8-0," Urban Core Transect -Open, to 76-12-0," Urban Core Transect -Open;
and
WHEREAS, the Planning Department analyzed the Applicant's request of a zoning
change for 824, 826, 834, 842, 852, 860, 868, and 876 Northwest 1 Street and 29 Northwest 9
Avenue, Miami, Florida from 74-R," General Urban Transect -Restricted, to 75-0," Urban
Central Transect -Open, and recommended denial; and
WHEREAS, the Planning Department analyzed the Applicant's request of a zoning
change for 36 and 40 Northwest 8 Avenue, Miami, Florida from 76-8-0," Urban Core Transect -
Open, to 76-12-0," Urban Core Transect -Open, and recommended denial; and
WHEREAS, the Applicant has voluntarily proffered a restrictive covenant, attached as
Exhibit "B," that offers the following restrictions and covenants:
(1) Future use of the Property shall be restricted to a single, uniform development program
to include the following uses:
City of Miami Page 1 of 3 File ID: 3148 (Revision: 8) Printed On: 4/11/2018
File ID: 3148
Enactment Number: 13738
a. General retail;
b. Retail grocery;
c. Residential; and
d. Customary ancillary uses including off-street parking;
(2) In the event that the Applicant seeks development incentives pursuant to Section 3.15,
Article 3 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of
Miami, Florida ("Miami 21 Code"), the Applicant or its successor shall commit all
residential units within the development program as affordable, senior housing, and/or
workforce housing;
(3) The Applicant will make a voluntary monetary contribution to the City of Miami ("City") in
the amount of $500,000.00 as a funding source to improve the affordable housing stock
within the City's jurisdictional boundaries to be paid by the Applicant to the City's
Affordable Housing Trust Fund for expenditure in District 3 or for later re -appropriation
for a City department or agency to address affordable housing needs in District 3; and
WHEREAS, the Applicant has requested to waive the time limits set forth in Section
7.1.2.8(g)(5) of the Miami 21 Code; 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 and its inhabitants to grant
the proposed zoning change as stated herein and waive the requirements of Section
7.1.2.8(g)(5) of the Miami 21 Code 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 City Commission approves the amendment of the Zoning Atlas of
Ordinance No. 13114, as amended, by changing the zoning classification of the properties
designated 74-R," General Urban Transect—Restricted, to 75-0," Urban Center Transect—
Open, and by changing the zoning classification of the properties designated 76-8-0," Urban
Core Transect—Open, to 76-12-0," Urban Core Transect—Open, as more particularly described
in Exhibit "A", attached and incorporated.
Section 3. The Applicant has voluntarily proffered a covenant, attached and
incorporated as Exhibit "B," which is accepted by the City Commission.
Section 4. The Applicant shall record the covenant in the public records of Miami -Dade
County, Florida within thirty (30) days of City Commission action and provide copies to the City
Attorney's Office and the Planning Department upon recordation the voluntarily proffered
covenant.
Section 5. The time limitations as set forth in Section 7.1.2.8(g)(5) of the Miami 21 Code
are hereby waived.
Section 6. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.
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: 3148 (Revision: B) Printed on: 4/11/2018
File ID: 3148
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 2/21/2018
Enactment Number: 13738
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: 3148 (Revision: B) Printed on: 4/11/2018