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Home My WebLink AboutStaff Analysis and Mapsf�JN rkF q l City of Miami i1 II Ildl11 *�f .- Planning Department ANALYSIS FOR Staff Analysis Report No. PZ-19-2864 Location 2824 and 2828 SW 37 Avenue Folio Number 0141170030050, and 0141170030080 Miami 21 Transect 174-L" General Urban -Limited MCNP Designation Low Density Restricted Commercial Commission District District 2 (Commissioner Ken Russell) NET District Coral Way NET Area Planner Sergio Garrido, Planner II Property Owner 2814/16 SW 37, LLC Project Representative J Ben Fernandez, Esq., bfernandez(@brzoninglaw.com A. REQUEST _ NOTICE Thlc soe wim aorard ence neeeab lea mra pae4cnenwq nme111, wea fset mnn 11 reMmiaemwl Cmve fien. fThorme ationial me City pltls—. ,mg b ll inepahk tlenng to -de, a remaalonor a &.l deciA cn. PZ-19-2864 04/07/20 Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, (the "Miami 21 Code") as amended, 2814/16 SW 37, LLC (the "Applicant") requests a change of zoning of 2824 and 2828 SW 37 Ave. (the "Property") from "74-L" General Urban Transect Zone - Limited to "75-0" Urban Center Transect Zone -Open. Below, outlined in red, is the Property proposed to be rezoned. ffi T" sr TIC f T4-L T3-0 � 1 Existing Zoning Classification B. RECOMMENDATION TS3 { 75-0 T4-L T3-0 Proposed Zoning Classification Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21 "), as amended, the Planning Department recommends Approval of the request to rezone from "74-L" General Urban Transect Zone — Limited to "75-0" Urban Center Transect Zone -Open for the properties located at 2824 and 2828 SW 37 Avenue, Miami, based upon the facts and findings in this staff analysis. Illustration 1: Subject aerial view of Property outlined in red Page 1 of 9 l«m_ U_Ly:� aSIVINAD The subject Property and the five properties abutting to the north (3700 SW 28 St., 2810, 2814, 2816, and 2818 SW 37 Ave.) have the same ownership. On April 12, 2018, the City Commission approved request for a Future Land Use Map (FLUM) amendment from "Low Density Restricted Commercial' to "Medium Density Restricted Commercial' and a request to rezone from T4-L to T5-0 for the properties located directly to the north of the Property, (Ordinance 13764 and Ordinance 13765 respectfully), approximately located at: 3700 SW 28 St., 2810, 2814, 2816, and 2818 SW 37 Ave. This rezone was accompanied with a voluntarily proffered a Declaration of Restrictive Covenants. Since the rezone of the five properties to the north, the Applicant has submitted a change of zoning for 2824 and 2828 SW 37 Ave (the "Property") directly south of the previous rezone. The Property is comprised of two parcels generally located at 2824 and 2828 SW 37 Ave. as depicted in "Table No. 1: Property description and rezoning request". Legal description of the properties is hereby incorporated in "Attachment A". Table No. 1: Property description and rezoning request Lot Size Zoning Classification Future Land Use Address (Sq. Ft.) Current Proposed Current Proposed 2824 SW 37 Ave.74-L" 8, 314 General 75-0" Urban Low Density Medium Density Urban Transect Center Transect Restricted Restricted 2828 SW 37 8,314 Zone - Limited Zone -Open Commercial Commercial Ave. 16,628 Both parcels are developed with duplex residential structures, city records report the structure built on the property located at 2824 SW 37 Avenue has an Adjusted Area of 2,031 Sq. Ft. and was built in 1947, while Page 2 of 9 the structure built on the property located at 2828 SW 37 Avenue has an Adjusted Are was built in 1957. Table No. 2: Existing Neighborhood Characteristics_ Zoning Future Land Use Designation Subject Property: T4-L (General Urban - Low Density Restricted Commercial Limited) Maximum 36 D.U. / acre North: T5-0 (Urban Center -Open) Medium Density Restricted Commercial Maximum 65 D.U. / acre East: T4-L (General Urban - Limited) Low Density Restricted Commercial Maximum 36 D.U. / acre South: T4-L (General Urban - Limited) Low Density Restricted Commercial Maximum 36 D.U. / acre West: T3-0 (Sub -Urban - Open) Duplex — Residential Maximum 18 D.U. / acre D. COMPREHENSIVE PLAN 1,920 Sg.' fit. and NOTICE Thlc aubmRtal p.e bbe ache .1 fora pa-I—Itl g aoraanu wim nmetines set lone in the Cify m Miami Cotle. The applir dsision- Amg hotly will reMewthe information at the p.hk hearing for do ,a rxom daC.p or a final d..I.oh. PZ-19-2864 04/07/20 /� Per the Correspondence Table - Zoning and Comprehensive Plan of the adopted Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP), the requested change of zoning from T4-L to T5-0 does not conform with the property's current future land use (FLU) of "Low Density Restricted Commercial". As a result, the Applicant has submitted a FLUM Amendment which would change the property's FLU to "Medium Density Restricted Commercial" (File ID No. PZ-19-2863). Illustration No. 2: Future Land Use (FLU): existing and proposed designation Existing: "Low Density Restricted Commercial" Proposed: Medium Density Restricted Commercial RpsdicW4 f:cmr�olc ,n R9c renew-p R x C- c77r,* rc �sercres G417 bupWx-Resideirtial - � nuplex.Reslu t Page 3 of 9 A ` �nNo� NOTICE 1 submittaln-, b h scneeu lee for a pe eYc eeatlng eaoreana wM tlmellnes set form In ane Cey M E. ANALYSIS eml��e TheappllaHetl ao "'",gbetl wewq e � moo th' m e nea,1,q -dtl , a rxommentlaC on or a final tleci9 on. The Property is located on the west side of the 37 Avenue corridor, (also known as `D s RBad�?�d it is within a Transit Oriented Development (TOD) area, for which Miami 21 Code contains I peawgion for qualified projects, to allow them for increase of Density and parking reduction, given th Douglas Road Metrorail Station. The Miami 21 Code defines Transit Oriented Development as, "A designation established by the City within the Pedestrian Shed or Bicycle Shed area of a convergence of modes of transit, or a train station". The shed area is measured in time, with approximately 10 minutes for pedestrian shed and approximately five minutes for bicycle shed. The Property is also well served by designated city and county parks; it is located 150' from Douglas Park and .33 miles away from the "Underline Park". This is not the first rezone application of this type in the area. On April 12, 2018, pursuant to Ordinance 13765, the properties directly north of the Property (3700 SW 28 St, 2810-2818 SW 37 Ave.), were rezoned from the T4-L to T5-0 Transect. As part of this rezone a companion application was approved which granted a Future Land Use designation amendment from "Low Density Restricted Commercial" to "Medium Density Restricted Commercial". On November 21, 2019, pursuant to Ordinance 13879, the properties located at approximately 3640 Bird Avenue, 3601 Bird Road, and 3555 Southwest 29 Terrace were granted with the Future Land Use change from "Light Industrial" to "General Commercial" and the rezone from D-1 to T5-0; also to the south, the properties located at approximately 3640 Bird Avenue, 3601 Bird Road, and 3555 SW 29 Terrace were granted with the Future Land Use change from "Low Density Restricted Commercial" to "General Commercial" and the rezone was granted from D-1 to T5-0. Given the Future Land Use and zoning changes that has been taken place in both ends of the stretch of the corridor represented by 37 Avenue from the Douglas Park to Bird Avenue, the Planning Department of the City of Miami has initiated a study to determine what would by the right Future Land Use designation as well as the right zoning classification to promote the renovation of the structures and the economic reactivation of this portion of the corridor. Miami 21 Code Table No. 3: Transect Zone Comparison Chart Transect Development Standards Existing Zoning Proposed Zoning TRANSECT T4-L T5-0 DENSITY ' 36 du/ac 65 du/ac Max. Units Based on Property Size 13 units 24 units HEIGHT Minimum N/A 2 stories Maximum 3 stories (40') 5 stories (81') Maximum Benefit Height N/A N/A LOT COVERAGE Maximum 60% 80% Page 4 of 9 OPEN SPACE Open Space Min. 15% :UN( The requested T5-0 Transect Zone allows for 65 DU/acre and a larger array of uses w allows for 36 DU/acre as depicted in the following Excerpt of Article 4, Table 3 of Miami Excerpt of Article 4, Table 3 of Miami 21 Code. T4-L T5-0 DENSITY (UNITS PER ACRE) 36 65 RESIDENTIAL SINGLE FAMILY RESIDENCE R R R R COMMUNITY RESIDENCE ANCILLARY UNIT R R R TWO FAMILY RESIDENCE MULTI FAMILY HOUSING R E R R DORMITORY HOME OFFICE R R R R LIVE - WORK LODGING BED & BREAKFAST R R INN R HOTEL OFFICE OFFICE R R COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. W ENTERTAINMENT ESTABLISHMENT R R R FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. E R E R GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. W OPEN AIR RETAIL W PLACE OF ASSEMBLY R RECREATIONAL ESTABLISHMENT R CIVIC COMMUNITY FACILITY W W RECREATIONAL FACILITY R R RELIGIOUS FACILITY R R Page 5 of 9 Excerpt of Article 4, Table 3 of Miami 21 (Cont...) L T4- L L5-Code DENSITY (UNITS PER ACRE) 36 65 CIVIL SUPPORT COMMUNITY SUPPORT FACILITY W W INFRASTRUCTURE AND UTILITIES W W MARINA W W PUBLIC PARKING W W TRANSIT FACILITIES W W EDUCATIONAL CHILDCARE W W COLLEGE / UNIVERSITY W ELEMENTARY SCHOOL E W LEARNING CENTER E R MIDDLE / HIGH SCHOOL E W PRE-SCHOOL E R R R RESEARCH FACILITY SPECIAL TRAINING / VOCATIONAL W Note: The Uses may be permitted as follow: R: By Right W: By Warrant E: By Exception F. Criteria for Rezoning A ` �nNo� NOTICE lnlcsudmmameeecm a scnetlulee mra pueuc nearing aaprema wlm nmeunes set lone In Ibe clry m Mlaml Cotle. The appliratle dalslon-mabing body w111 reMewtl�e lntormatlon at the public tleering to rentler e mentlafl on or a final tlecl9 on. ;, PZ-19-2864 /, , 04/07/20 A In accordance with Article 7, Section 7.1.2.8.a, a change may be made to a transect zone in a manner which maintains the goals of Miami 21. In a recommendation for such a change, the request is considered and studied with regard to the criteria identified in Article 7, Section 7.1.2.8.f. The background section of this report is incorporated into the analysis and its corresponding criteria by reference: Criteria 1 Miami 21, Article 7, Section 7.1.2.8.f.1(a) The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations. Analysis Policy LU-1.6.9 states that, "the City's land development regulations will 1 establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements." The requested rezone creates appropriate transitions between the Property and the existing T4-1- Transect Zone to the south by increasing the buffer represented by the T5-0 Transect Zone to the north. Additionally, the T5-0 Transect may increase the mix of commercial uses adjacent to the residential district to the west. The rezoning request would mitigate potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards, as provided by Policy LU-1.6.9. Page 6 of 9 �nNo Policy LU-1.3.15 of the Miami Comprehensive Neighborhood Plan (MC ' NOTICE states that, "the City will continue to encourage a development pat tern ThI„odmttalpeed,Mb mbed,l dMr p,bY°he.,Ip9 enhances existing neighborhoods by developing a balanced mix of --'tellp�,et°rt IpteCl"m Ml-1 C°tle. The appLc dalsl°n .king body WII reMewtle lnt°nnatl°n at the public h '"t°reId s including areas for employment, shopping, housing, and recreation in cl PZ-19-2864 proximity to each other." 04/07/20 This rezoning request acknowledges the SW 37 Avenue (Douglas Road) as a major corridor, encouraging a development pattern opening the possibilities for a balanced mix of uses, creating more ample transitioning Transect Zones in Densities, Intensities and Uses, as directed by Policy LU-1.3.15. Finding Consistent with Policies of the Miami Comprehensive Neighborhood Plan Criteria 1 (MCNP) Criteria 2 Section 7.1.2.8.f.1.b. "The need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Analysis As discussed above on this analysis, rezonings have been granted at 3700 SW for Criteria 28 St, 2810-2818 SW 37 Ave. to the north of the Property. Further rezonings 2 have been approved from D-1 to T5-0, for the properties at approximately 3640 Bird Avenue, 3601 Bird Road, and 3555 SW 29 Ter, located to the south of the Property. These recently adopted rezoning have resulted in the sites having increased density near the Douglas Road Metrorail Station. The Property is located within a Transit Oriented Development (TOD) area and within a half -mile of the Douglas Road Metrorail Station. Passengers utilize the Douglas Road Metrorail Station to access multiple Miami -Dade Transit and City of Miami Trolley to places in southwestern Miami and Downtown Miami. TOD areas are deemed to be well served by transportation. Miami Comprehensive Neighborhood Plan (MNCP) Policy LU-1.1.10 states, "The City's land development regulations will encourage high density residential development and redevelopment near Metrorail and Metromover stations." The Property's proposed rezoning helps further this policy as the neighborhood continues to change. Finding In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the Criteria 2 requested change in zoning is consistent. Criteria 3 Section 7.1.2.8.f.2. `A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height." Analysis Section 7.1.2.8 (a) establishes that changes shall occur in succession, in which Criteria 3 the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. The request change of zoning for the Property constitutes a successional rezone to the next higher Transect Zone. In this case from 74-L" General Urban Transect Zone — Limited to 75-0" Urban Center Transect Zone -Open. As depicted in the reference table for successional zoning changes of Miami 21 Code, Sec. 7.1.2.8 (a)(3). Page 7 of 9 �nNo The resulting transition "east to west" will be reproducing the transitions wit NOTICE adopted rezone of the Properties to the north, and if granted, will provid eThls,dmmalneedsbbee°be°oledfmapub4°tleanng Property with the same Transect Zone approved to the Properties to then as°'°'naw�bme°n°„ett° .k, gbWy Mlaml Cotle. The appliratle decision-maNing hotly rAll reMewtlre Information at the pa- hearing to rentler s rx°mm dA°n., a final d.c °n. PZ-19-2864 Finding Pursuant to Article 7, Section 7.1.2.8.f.2 of Miami 21 Code, the request to rezo 04/07/20 Criteria 3 is consistent with the Miami 21 Code. a G. VOLUNTARILY PROFFERED COVENANT The Applicant has submitted a voluntary declaration of restrictive covenants (see Attachment B for full covenant). Upon approval of the change of zoning, the owner declares the following conditions for the subject Property: The Ownershall provide a total of one (1) housing unit as a part of any multifamily residential rental or condominium development on the Property that shall be owneroccupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below 80 percent of Area Median Income based on City of Miami standards and certified by the City of Miami Department of Community Development. Alternatively, the Owner shall contribute $10,000 (ten thousand dollars) as a lump sum payment to the Public Benefit Trust Fund, prior to obtaining a building permit for any residential development on the Property. This condition applies only to Residential and Multi -family Housing development. The covenant was reviewed by the City Attorney's Office pursuant to Legal Service Request (LSR) Matter ID No. 19-2697. The covenant was not a consideration in staff's analysis, the Covenant is attachment B to this analysis. H. CONCLUSION Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, and taking in consideration other offices and departments' input, the Planning Department deemed beneficial for the area and recommends for approval the proposed rezoning from T4-L "General Urban Transect Zone — Limited" to T5-0 "Urban Center Transect Zone -Open" for the properties located at 2824 and 2828 SW 37 Avenue, Miami. As part of the requested change in zoning, the Applicant has proffered a draft Restrictive Declaration Covenant. The covenant was not considered in this analysis and recommendation. Attachments: Attachment A: Legal Description Attachment B: Covenant NOTICE The final decision may be appealed by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Ave., 31 Floor, Miami, FL 33130 Telephone number (305) 416-2030. Staff Analysis Report No. PZ-19-2864 (2824 - 2828 SW 37 Ave.) — Page 1 Page 8 of 9 Jacqueline Ellis Chief of Land Development :`y -i , "7 NOTICE iltls submittal neetls b be scM1etluletl for a pubic tlearing aaortlana wI1M1 tlmellnes set fortM1 In iM1e Cby M Mlaml Cotle. The appliratle dalslon-mabing body w111 reMewtl�e lnformatlon at the public tleering to rentler s recommentlatl on or a final tlecl9 on. ;, PZ-19-2864 /, , 04/07/20 A Page 9 of 9 EXHIBIT A Address: 2824 SW 37 Avenue Folio No.: 01-4117-003-0050 r ytRy'' n'N lya NOTICE Th1..0 bmMan d, b b..cheaolee br a public hearing h .aorb.ca whh bmellnes.d forth in the City o Mi"I CWtl.The ppu-iA, beclslo making btly will reWewiheI nbrmab d the pubk hearing t. render. raomm. dtl ., or. final d.dd.c. PZ-19-2864 04/07/20 Lot 5, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. Address: 2828 SW 37 Avenue Folio No.: 01-4117-003-0080 Lot 8, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. r ytRy'' n'N lya �.OTICE ��ATTACH M Thls submMtls b be sch.&o dbra public heariny tla setforth in the Clty MI �d bk ahingbo„,. "ems" atmep°b°`"�r'n°'° "°eF° This instrument was prepared by and after recordation return to: tlatian ar a final tlecl9on. Ben Fernandez, Esq. PZ-19-2864 Bercow Radell Fernandez & Larkin, PLLC 04/07/20 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 i (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of 2019, by 2814/16 SW 37, LLC (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within Miami -Dade County in the State of Florida (hereinafter referred to as the "City") WHEREAS, the undersigned Owner holds fee simple title to certain real property located at 2824-2828 SW 37 Avenue in Miami, Florida, which are identified by Miami - Dade Tax Folio Nos. 01-4117-003-0050 and 01-4117-003-0080, and legally described as follows: Lot 5, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida; and Lot 8, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and 19-2863 / 19-2864 August 6, 2019 Declaration of Restrictive Covenant Page 2of6 NOTIC E Thls su bm-a[ needs b be.chedula public he.,ing In—.1d.na whh bmellnes set forth in the City of Mlarnl Cotle. The.PPU-iAe declslo making bdy Wil reWewtheI nbrmad d the pubk hearing t. render. ra.m ,d.don or. fln.l decidon. PZ-19-2864 WHEREAS, the Owner is desirous of making a voluntary binding co ent4W120 assure and affirm that the Property shall be developed in accordance with the p • of the Declaration herein. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and their heirs, successors, vendees, and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: The Owner shall provide a total of one (1) housing unit as a part of any multifamily residential rental or condominium development on the Property that shall be owner occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below 80 percent of Area Median Income based on City of Miami standards and certified by the City of Miami Department of Community Development. Alternatively, the Owner shall contribute $10,000 (ten thousand dollars) as a lump sum payment to the Public Benefit Trust Fund, prior to obtaining a building permit for any residential development on the Property. This condition applies only to Residential and Multi -family Housing development. N Declaration of Restrictive Covenant �� Page 3of6 NOTICE Thls submittal needsmbe111.tl etlmr apublic hening In ea°rtlana wXh tlmellnes set forth in the City of Miami Cotle. The appllcade beclsl°n-maXing hotly stall Section 3. Effective Date. This Declaration is effective at the dat e��°an�ai^tlelgo°re°°°r° PZ-19-2864 hereof. This instrument shall constitute a covenant running with the title to Drope ,20 that shall be binding upon Owner, its heirs, successors and assigns. These re • shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Term. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its successors in interest, heirs, vendees, and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the public records of Miami -Dade County, Florida, and shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to interpretation of this Declaration. Venue in any civil actions arising under this Declaration shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees. Section 6. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owner(s) of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Planning, Zoning and Appeals Board or by the City Commission after a public hearing which public hearing shall be applied for and noticed at the sole cost and expense of the Owner. Upon approval of such modification, amendment, or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. Such instruments shall be in a form acceptable to the City Attorney. Section 7. Inspection and Enforcement. After notice and an opportunity to cure, an enforcement action may be brought by the City or by any person owning or occupying 3 Declaration of Restrictive Covenant Page 4 of 6 NOTICE Thls submittals d, b be schea°lee br a p°bk he.ring In ea°rtlana wXh tlm°Iln. set forth h the City o MI-1 Cotle. The app cade beclsl°n-maXln9 btly will property within 500 feet of the Property, by action in code compliance, and/o tleigo°re°°°r° PZ-19-2864 in equity, or both, as applicable, against any party or person(s) violating or tincg4W,20 violate any covenants of this Declaration, or provisions of the building an regulations, to restrain violations and/or to recover damages. Each party shall bear their own attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. Section 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, and the City of Miami Planning Director will be furnished a certified and recorded copy by the Owner within thirty (30) days of this Declaration being recorded. [Signature Pages to Follow] 4 Declaration of Restrictive Covenant Page 5of6 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this 91h day of 2019. WITNESSES: OWNER: r ytRy'' n'N lya NOTICE ThI. su bmm.ln d,bb heaolee br a public he.,ing h .aorb.ca whh bmellnes set forth in the City o Mlaml CWtl.The ppu. iAe becl.lo making btly will reWewthe Inbrma _ at the pu bk hearing t. render e raomm. dtl ., or. fl"I beci9oc. PZ-19-2864 04/07/20 2814/16 SW 37, LLC Signature By AMBR as the Managing Member / Print Name Partner of 2814/16 SW 37, LLC Name: Toni Alam Title: AMBR Signature 85 Palm Avenue Miami Beach, Florida 33139 Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by Toni Alam, authorized signatory of AMBR the Managing Member/ Partner of 2814/16 SW 37, LLC, on behalf of the limited liability company. He is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of in the County and State aforesaid. My Commission Expires: 5 Notary Public State of Florida Print Name 2019, Declaration of Restrictive Covenant Page 6of6 Approved as to Legal Form: Victoria Mendez, City Attorney Approved as to Planning: Francisco Garcia, Director, Planning Department Approved as to Zoning: Joseph Ruiz, Director, Zoning Department r ytRy'' n'N lya NOTICE ThI. su bmm.ln d,b—heaolee br a public hearing h .aorb.ca whh bmellnes set forth in the City o Mi"I CWtl .The PPU-iAe beclsl- making btly will reWewthe Inbrma - d the pubk hearing t. render. ra.—,d.., or. final d.dd.c. PZ-19-2864 04/07/20 Company Name: 2814/16 SW 37, LLC Primary Contact: Ben Fernandez, Esq. Email: bfernandez@brzoninglaw.com Secondary Contact: Email: Change of zoning of 2824 and 2828 SW 37 Ave. (the "Property") from "74-L" General Urban Transect Zone - Limited to "75-0" Urban Center Transect Zone -Open. Covenant voluntarily proffered by the Applicant PLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related proj INFORMATIONPLANNING DEPARTME 2864 Lead Staff: Sergio Garrido 1%/ 4 R faj NOTICE Thls submMal needs b Ix echetlolee for a pubk hearing In.a d,nawhhtlmellnessetforth in the City nt Mlaml Cwtl .The aPpu-iA, decision -making btly Wil reWew the Inbrma - at the pubk hearing to rende, a raommentlatlon or a final tleclWon. PZ-19-2864 i � and 2828 SW 37 Avenue Principal Division: Land Development Email: sgarrido@miamigov.com L. PROJECT R , DESCRIPTION Rezoning from T4-L to T5-0 will allow the properties Webs Link(s): Q HEPB Q WDRC Q PZAB ® City Commission Q UDRB Q AIPP E-in,, Zoning Gassitication Proposed Zoning Classification Transect Zone(s): T4-L Commissioner District(s): 2 NET Office(s): Coral Way NET Existing Zoning Classification Proposed Zoning Classification Department Director: Francisco Garcia Revision Date: 1/15/2020 I:I 6 AERIAL EPLAN ID: PZ-19-2864 REZONE 71: N 0 125 250 500 Feet STD 1 t C n N 1 V s NOTICE ThI. su bmMal neetl, b be echetlolee br. public he.ring In —ldllm whh bmellne. set forth In the City o Ml.rnl CWtl .The ppu-iA, tleci.l- —1,1ng bWy will rewewiheInformation at the pubk he.ring t. mode,. recommentlation orafinal de d— z-ml ADDRESSES: 2824 SW 37 AV & 2828 SW 37 AV SUBJECT PROPERTY CITY BOUNDARY T3-O W a 00 co co MIAMI 21 (EXISTING) EPLAN ID: PZ-19-2864 REZONE SW 27TH LN SW 28T H ST T3-O N 0 125 250 500 Feet T6-8 T5-O T4-L M 29TH'ST CS SW-28TH T4-L II T3-0 r ytRy'' n'N lya NOTICE This su bmMa needs to be.cheduled br. public he.,ing In —ldllm whh bmellnes set forth In the City of Ml"l Code. The ppu-iA, decision-mahing body will reWewihe inlorm.tion d the pubk hearing t. mode,. rao—d.tion or. fl,M d-im., F U 2 F M 04/07/20 ADDRESSES: 2824 SW 37 AV & 2828 SW 37 AV SUBJECT PROPERTIES T3-0 W a 00 co co M IAM 121 (PROPOSED) EPLAN ID: PZ-19-2864 REZONE SW 27TH LN SW 28T H ST T5-0 CS SW-28TH a T3-0 I T5-0 c':, T4-L T3-0 29TH'ST N 0 125 250 500 Feet r ytRy'' n'N lya NOTICE This su bmMa needs to be.cheduled br. public he.,ing In —ldllm whh bmellnes set forth in the City of Ml"l Code. The ppu-iA, decision-mahing body will reWewihe inlorm.tion d the pubk hearing t. mode,. rao—d.tion or. fl,M d-im., 04/07/20 ADDRESSES: 2824 SW 37 AV & 2828 SW 37 AV SUBJECT PROPERTIES