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Home My WebLink AboutO-13877File Number: 6338 City of Miami Legislation Ordinance: 13877 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/21/2019 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, TO CHANGE THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 1040 SOUTHWEST 29 COURT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FROM "75-R," URBAN CENTER TRANSECT ZONE — RESTRICTED, TO "76-8-R," URBAN CORE TRANSECT ZONE - RESTRICTED; ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County ("Applicant") owns the property located at approximately 1040 Southwest 29 Court, Miami, Florida, as further described in Exhibit "A," attached and incorporated ("Property"); WHEREAS, the Property is presently zoned 75-R," Urban Center Transect Zone — Restricted, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Applicant submitted a request to change the zoning classification of the Property to 76-8-R," Urban Core Transect Zone - Restricted; and WHEREAS, the Applicant submitted a companion application to change the Future Land Use Designation of the Property from "Medium Density Multifamily Residential" to "High Density Multifamily Residential" on the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Applicant also voluntarily proffered a Declaration of Restrictive Covenants ("Covenant'), attached and incorporated as Exhibit "B," to restrict the use of the Property for Elderly Housing, specifically housing occupied or reserved for qualified persons pursuant to the Federal Fair Housing Act and Section 760.29(4), Florida Statutes, or as modified by the Standards set for by the State of Florida; and WHEREAS, the Covenant further provides for a minimum setback of fifty feet (50') along the southern border of the Property immediately abutting the 73," Sub -Urban Zone, transect in order to ensure a property buffer and separation; and WHEREAS, the Property is generally bounded on the north by Southwest 9 Street, on the east by Southwest 29 Court, on the south by Southwest 11 Street, and on the west by Southwest 30 Avenue and is approximately 247,232 square feet (5.68 acres) in size; and City of Miami Page 1 of 3 File ID: 6338 (Revision:) Printed On: 12/19/2019 File ID: 6338 Enactment Number: 13877 WHEREAS, the Property is currently developed with 315 units of affordable housing units restricted to elderly residents; and WHEREAS, the City of Miami ("City") is currently facing an unprecedented affordable housing crisis; and WHEREAS, the Property is owned by the Applicant which is a public agency with ample resources to begin to address this affordable housing crisis; and WHEREAS, the Applicant and the City have made a commitment to address this affordable housing crisis; and WHEREAS, the proposed zoning change will confer additional Residential Density to the Applicant, while restricting the Uses permitted on-site to those that are primarily residential, which will further its commitment to address this affordable housing crisis with this Property; and WHEREAS, the Property is located one (1) block south of Southwest 8 Street, placing it close to a dense commercial corridor and within a Transit Corridor; and WHEREAS, a Transit Corridor is defined in the Miami 21 Code as an area that is 1/4 radius from a thoroughfare served by one (1) or more mass transit routes with transit vehicles operating with an average of ten (10) minute headways between the hours of 7:00 a.m. through 7:00 p.m.; and WHEREAS, due to its inclusion within a Transit Corridor, the Property is well served by mass transportation; and WHEREAS, impact on the surrounding community will be minimized due to a high concentration of surrounding neighborhood -serving Uses and mass transportation accessibility; and WHEREAS, Article 7, Sections 7.1.2.8.a and 7.1.2.8.f.2 of the Miami 21 Code provide that a change to the Miami 21 Code Zoning Atlas may be made only to the next Transect Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the City's Planning Department reviewed the application and found that the proposed zoning change from 75-R," Urban Center Transect Zone — Restricted, to 76-8-R," Urban Core Transect Zone — Restricted, is successional and would yield the most coherent development pattern given the adjacent neighborhood and zoning context; and WHEREAS, the proposed zoning change furthers the goals and objectives of the MCNP and furthers the goals of the Miami 21 Code centered on focused growth around transit and preservation of neighborhoods through transitions in intensity and building height; and WHEREAS, the City's Planning Department recommended approval of proposed zoning change; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on July 31, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-032 by a vote of eight to zero (8-0), Item No. PZAB.6, recommending approval of the proposed zoning change; and City of Miami Page 2 of 3 File ID: 6338 (Revision:) Printed on: 12/19/2019 File ID: 6338 Enactment Number: 13877 WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed zoning change, including changing and changed conditions that make the passage of the proposed zoning change necessary; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its inhabitants to approve this amendment to the Miami 21 Code Zoning Atlas as set forth herein; 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 to the Miami 21 Code Zoning Atlas by changing the zoning classification from 75-R," Urban Center Transect Zone — Restricted, to 76-8-R," Urban Core Transect Zone — Restricted, for the Property located at approximately 1040 Southwest 29 Court, as more particularly described in Exhibit "A," attached and incorporated. Section 3. The City Commission accepts the voluntarily proffered covenant, attached and incorporated as Exhibit "B." The covenant shall be recorded within forty-five (45) days after City Commission's adoption of this Ordinance and the Applicant shall provide a copy of the recorded covenant to the City Attorney's Office and to the Planning Department within thirty (30) days of recordation. Section 4. 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 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes, and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: � 1 1 i ria i ndez, City Attoriey 9/1212019 ria i "ndez, City Attoriey ___) 11/12/2019 ' 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: 6338 (Revision:) Printed on: 1211912019