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Title: 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 "T5 -R," URBAN CENTER TRANSECT ZONE —
RESTRICTED, TO "T6 -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.
LOCATION: Approximately 1040 SW 29 Ct [Commissioner Manolo Reyes - District 4]
APPLICANT(S): Michael Liu, on behalf of Miami Dade County
PURPOSE: The request is to rezone the property located at approximately 1040 SW 29
Court from "T5 -R" Urban Center Transect Zone - Restricted to "T6 -8-R" Urban Core
Transect Zone - Restricted. This Rezoning item has a covenant.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 31,
2019, by a vote of 8-1.
City of Miami File ID: 6338 (Revision:) Printed On: 12/19/2019
City of Miami City Hall
_
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
.; Ordinance www.miamigov.com
Enactment Number:13877
File Number: 6338 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
; AND PROVIDING FOR AN EFFECTIVE DATE.
SEVERABILITY CLAUSE
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 File ID: 6338 (Revision:) Printed On: 12/19/2019
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 114
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
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
City of Miami File ID: 6338 (Revision:) Printed On: 12/19/2019
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
i ria i 'ndez, City Attomey 9112/2019 i ria i "ndez, City Attomey __) 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 File ID: 6338 (Revision:) Printed On: 1211912019