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try Ordinance: 13828
File Number: 4856
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/28/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM T6 -8-L, "URBAN CORE—
LIMITED," TO T6 -12-L, "URBAN CORE -LIMITED," OF THE PROPERTIES
LOCATED AT APPROXIMATELY 4865, 4875, AND 4885 NORTHWEST 7
STREET MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; APPROVING AND
ACCEPTING THE VOLUNTARY DECLARATION OF RESTRICTIVE
COVENANTS PROFFERED BY THE APPLICANT, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
; AND PROVIDING FOR AN EFFECTIVE DATE.
SEVERABILITY CLAUSE
WHEREAS, 7 at Blue Lagoon (1), LLC; 7 at Blue Lagoon (2), LLC; and Caroline Weiss
(collectively, "Applicant") own the properties located at approximately 4865, 4875, and 4885
Northwest 7 Street, Miami, Florida ("Properties"); and
WHEREAS, the Applicant has submitted a request to change the current zoning
classification of the Properties from T6 -8-L, "Urban Core Transect Zone—Limited," to T6 -12-L,
"Urban Core Transect Zone—Limited"; and
WHEREAS, the Planning Department recommended denial and found that the proposed
change of zoning will be compatible with neighboring building heights in relation to the
Properties to the west, but is inappropriate in light of the intent of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), particularly in
relation to the effects on adjoining properties as there is no T6 -12-L, "Urban Core Transect
Zone—Limited," in the vicinity; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants
("Covenant"), attached and incorporated as an Exhibit "B," summarized below:
Site Plan. The Property will be developed substantially in accordance with that
certain plan as prepared by Kobi Karp Architecture & Interior Design, Inc., titled
"Towers at Blue Lagoon," dated August 16, 2018, consisting of fifty-four (54)
sheets, date stamped received by the Office of Hearing Boards on August 20,
2018 ("Project"). Upon approval of the change of zoning, the Applicant will
submit an application for any other necessary zoning approvals in accordance
with all applicable laws and permitting procedures. The site plan referenced
above is subject to the Miami 21 Code as well as all other applicable regulations
and is submitted solely in connection with the application and not for any
particular zoning entitlement.
City of Miami Page 1 of 5 File ID: 4856 (Revision: A) Printed On: 5/13/2019
File ID: 4856
Enactment Number: 13828
2. Height Limitation. The height of any structure or other improvement on the
Property shall be limited to no more than one -hundred -sixty (160) feet Mean
Sea Level ("MSL").
3. Floor Lot Ratio Limitation. The Applicant will not exceed the maximum Floor Lot
Ratio ("FLR") as defined by the Miami 21 Code of 6.25 allowed as of right.
4. Public Benefits. The Applicant proffers the following public benefits subject to the
conditions precedent in Section 4 of the Covenant:
(a) Job Creation and Employment Opportunities. Priority hiring shall be given
to those individuals residing in the Project area and surrounding
neighborhoods in the following priority:
1st Priority: Those residing in the following ZIP codes in the City:
33125, 33126, 33127, 33142, and 33136.
2nd Priority: Those residing in all other areas of the City.
(b) Affordable, Workforce, and Market -Rate Housing. The Project shall provide:
i. Affordable Housing of up to 60% of Area Median Income ("AMI") in
an amount of six percent (6%) of the Project, which equals fifty-three
(53) units.
Workforce Housing between eighty percent (80%) of AMI and one
hundred forty percent (140%) of AMI in an amount of ten percent
(10%) of the Project, which equals eighty-four (84) units.
iii. Market -Rate Housing in an amount of eighty-four percent (84%) of
the Project, which equals seven hundred fifty-one (751) units.
All housing types will be interspersed throughout the Property and will enjoy
generally the same amenities and features as the Market -Rate units located
on the Property. The Applicant will abide by all applicable laws pertaining to
Affordable and Workforce Housing for those units designated as such.
(c) Financial Support for Antonio Maceo Park. The Applicant shall make the
following one-time donations to the City for use at Antonio Maceo Park
located at 5135 and 5151 Northwest 7 Street, Miami, Florida 33126 ("Park"):
One -hundred fifty thousand dollars ($150,000.00) for the renovation
of and improvements to the Park consistent with the principles of
Crime Prevention through Environmental Design ("CPTED"). The
design for said improvements shall be reviewed and approved by the
Planning Department in conjunction with the Parks and Recreation
Department and Office of Capital Improvements.
Sixty thousand dollars ($60,000.00) for playground equipment at the
Park.
City of Miami Page 2 of 5 File ID: 4856 (Revision: A) Printed on: 5/13/2019
File ID: 4856
Enactment Number: 13828
iii. Twenty thousand dollars ($20,000.00) for an Arts for Senior's
program at the Park, which shall be expended in accordance with
Section 62-661(1)(d) of the Code of the City of Miami, Florida, as
amended.
(d) Traffic Improvements. The Owner will construct right-of-way improvements
along the Project entrance from Northwest 7 Street in substantial
compliance with Sheets A3.00 of the Project plans. Such improvements
shall include but not be limited to:
Creation of a new access roadway with a painted median with one
(1) lane of ingress and two (2) lanes of egress along the north -south
portion of the Northwest 7 Street entrance beginning at its terminus
at Northwest 7 Street.
Creation of two (2) lanes of ingress and one (1) lane of egress along
the east -west portion of the Northwest 7 Street entrance between the
Blue Lagoon Condominium ("BLC") gate access and the north -south
portion of the Northwest 7 Street entrance.
iii. Installation of new sidewalks, including a continuous sidewalk along
the driveway from the intersection of Northwest 7 Street and Blue
Lagoon Airport Drive leading up to the property line of BLC and new
crosswalks with differentiated surfaces designed to calm traffic
speeds and assist in pedestrian circulation in substantial compliance
with Sheets L1.00, L1.01, L1.01a, L2.00, and L1.03.
iv. The Owner will incorporate the existing Royal Palms currently along
the project entrance from Northwest 7 Street into its plan, subject to
the sustainability of said trees, in compliance with the Miami 21 Code
and all applicable laws.
v. The Owner will place BLC signage along Northwest 7 Street upon
consultation with BLC regarding same. BLC signage will be placed
together with signage for the Property, subject to compliance with the
Miami 21 Code and all applicable laws.
(e) Provision for Trolley Stop. The Applicant will seek the necessary approvals
to extend City of Miami ("City") trolley routes into the Property. If the
extension of such routes is approved by the City, the Applicant will, at their
sole cost, construct the improvements necessary to provide a trolley stop
within the Property in substantial compliance with Sheets A2.00 and A3.00
of the Project's plans or as may be placed within the Project in a location of
benefit to the Project and surrounding neighborhood.
(f) Installation of Aerator in Adjacent Submerged Lands. The Applicant, at the
Applicant's sole expense, will install an aerator or other similar device within
the privately -owned submerged lands in Blue Lagoon adjacent to the
Property.
(g) Arts and Culture. The Applicant agrees that the portions of the Property
fronting Northwest 7 Street and specific terminating vistas of the Project site
City of Miami Page 3 of 5 File ID: 4856 (Revision: A) Printed on: 5/13/2019
File ID: 4856
Enactment Number: 13828
as identified in Sheet L1.00 of the Project's plans will incorporate art which
shall be reviewed and approved by the Planning Director or his designee.
The Applicant further agrees to contribute five thousand dollars ($5,000.00)
each to Henry M. Flagler Elementary and Kinloch Park Middle Schools to
support each school's visual and performing arts programs.
(h) Project Art. The Applicant will provide art for the Project on-site fronting
Northwest 7 Street and at specific terminating vistas on the Property as
shown in specified locations in Sheet L1.00, which said art shall be reviewed
and approved by the Planning Director or his designee.
(i) Art in Public Places Master Plan. The Applicant will contribute fifty thousand
dollars ($50,000.00) to the City's Public Art Fund for the express purpose of
covering the cost associated with creating a cohesive public art plan,
guidelines, and criteria for the acquisition and placement of Public Art for the
Blue Lagoon, Flagler Grove, West Flagler Park, Winona Park, and the Fair
Lawns Neighborhoods Areas.
(j) Welcome Signage. If a location for signage is found by the City, the
Applicant will donate up to ten thousand dollars ($10,000.00) for the
installation and construction of a sign welcoming visitors to the Flagami/Blue
Lagoon Neighborhood Area; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 10, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-
18-049 by a vote of seven to zero (7 - 0), Item No. PZAB.1, recommending approval of the
proposed change of zoning; and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City regulations;
and
WHEREAS, consideration has been given to the need and justification for the proposed
change of zoning, including changing and changed conditions that make the passage of the
proposed change of zoning necessary; and
WHEREAS, consideration has been given to the Covenant voluntarily proffered by the
Applicant limiting the development of the Properties, as attached hereto and incorporated herein
as Exhibit "B"; and
WHEREAS, the current Future Land Use designation of Restricted Commercial is
compatible with the requested T6 -12-L, "Urban Core Transect Zone -Limited"; and
WHEREAS, the proposed change of zoning maintains the goal of the Miami 21 Code to
preserve neighborhoods; and
WHEREAS, the proposed change of zoning maintains the goals of the Miami 21 Code to
provide transitions in intensity and building height; and
WHEREAS, the City Commission, after careful consideration of this matter and
advertised public hearings, deems it advisable and in the best interest of the general welfare of
the City and its inhabitants to grant this proposed change of zoning as hereinafter set forth;
City of Miami Page 4 of 5 File ID: 4856 (Revision: A) Printed on: 5/13/2019
File ID: 4856
Enactment Number: 13828
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 amends the Zoning Atlas of the Miami 21 Code by
changing the zoning classification from T6 -8-L, "Urban Core Transect Zone—Limited" to T6 -12-L,
"Urban Core Transect Zone—Limited," for the Properties, as more particularly described in
Exhibit "A," attached and incorporated.
Section 3. The City Commission accepts the Covenant voluntarily proffered by the
Applicant, attached and incorporated as Exhibit "B."
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 upon adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 4/1812019
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 5 of 5 File ID: 4856 (Revision: A) Printed on: 5/13/2019