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Home My WebLink AboutPZAB (10788) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 www.miamigov.com Enactment Number: PZAB-R-21-041 File ID: 10788 Final Action Date: 10/20/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), FAILING TO MAKE A RECOMMENDATION OF APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, ("MIAMI 21 CODE") AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "74- L" GENERAL URBAN TRANSECT ZONE — LIMITED TO "75-L" URBAN CENTER TRANSECT ZONE —LIMITED OF THE PROPERTY GENERALLY LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253 AND 4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Williams, (the "Applicant") has submitted a request (the "Application") to change the zoning classification from "74-L" General Urban Transect Zone —Limited for 600 Northwest 42 Avenue, 4251, 4253, and 4255 Northwest 6 Street, and 601 Northwest 43 Avenue, (collectively the "Property"); and WHEREAS, the Property is zoned "74-L" General Urban Transect Zone — Limited; and WHEREAS, the Property is an assemblage of four parcels and a portion of one parcel, totaling approximately 76,343 square feet (1.75 acres) of land; and WHEREAS, the eastern most parcel within the Property is a bifurcated parcel with "74-L" on the western side of the parcel and "76-8-0" on the eastern side of the parcel; and WHEREAS, the Future Land Use Map designation is Low Density Restricted Commercial; and WHEREAS, the request to rezone the from the "74-L" Transect Zone to the "75- L" Transect Zone is inconsistent with the Property's existing future land uses ("FLU") of Low Density Restricted Commercial, therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-21- 10160; and City of Miami Page 1 of 4 File ID: 10788 (Revision:) Printed On: 111312021 WHEREAS, the Applicant has voluntarily proffered a draft Covenant attached hereto as Exhibit B, that indicates that the height of any residential building on the Property shall not exceed three (3) stories; and WHEREAS, the Property is currently developed with a parking lot and is bordered by low density residential uses and sales and services uses; and WHEREAS, the Property is bounded by NW 7 Street to the north, NW 6 Street to the south, NW 42 Avenue to the east, and NW 43 Avenue to the west; and WHEREAS, the Property is adjacent to "T3-0" Transect Zone to the west and the south; and WHEREAS, the Property is in proximity to two important thoroughfares, NW 42 Avenue, a Florida State Road, which is also known as Le Jeune Road, and NW 7 Street, a Miami -Dade County owned Road; and WHEREAS, the Property is located in a portion of the Flagami neighborhood where there are a variety of zoning designations, commercial uses, and housing types; and WHEREAS, the Property was zoned R-2 (Two -Family Residential) with a SD.1 Overlay under the previous Zoning Code, Ordinance No. 11000, which permitted 18 dwelling units per acre; and WHEREAS, the Property had a SD-12 Special Buffer Overlay under the previous Zoning Code, City of Miami Zoning Ordinance No. 11000; and WHEREAS, the SD-12 Special Buffer Overlay was intended to create buffer areas between residential and non-residential districts and were to be developed with the underlying use or as a parking lot for adjoining commercial, office, or industrial lots; and WHEREAS, the proposed "75-L" Urban Center Transect Zone -Limited classification would result in greater variety of uses, higher intensity, and taller development; and WHEREAS, the Application is inconsistent with Miami 21, Article 7, Section 7.1.2.8.f1(a) in that introducing a higher intensity zoning category would introduce higher density and higher intensity land use encroachment across from an established low intensity neighborhood, which does not meet Policy LU-1.1.3; and WHEREAS, the Application is inconsistent with Miami 21, Article 7, Section 7.1.2.8.f1(a) in that the proposed change would place higher density, height and more intense uses adjacent to a "T3-0" zone and would not create an appropriate transition or buffer to the neighborhood, which does not meet Policy LU-1.6.9; and City of Miami Page 2 of 4 File ID: 10788 (Revision:) Printed On: 111312021 WHEREAS, the proposed Application is inconsistent with Miami 21, Article 7, Section 7.1.2.8.f1(b); and WHEREAS, there have not been changing conditions to the Miami 21 Atlas in the form of amendments, which are adjacent to the property, making the changes not necessary and inconsistent with Miami 21, Article 7, Section 7.1.2.8.f1(b); and WHEREAS, the proposed Application is not consistent with Miami 21, Article 7, Section 7.1.2.8.f.2 in that though the change is successional, the change would not be in a manner that maintains the goals of Miami 21 to preserve neighborhoods and to provide transitions in intensity and building heights; and WHEREAS, the proposed zoning change can be deemed inappropriate in light of the intent of the Miami 21 Code; and WHEREAS, the Planning Department recommends denial of the rezoning application from "74-L" General Urban Transect Zone —Limited to "75-0" Urban Center Transect Zone -Open; and WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants does not affect the Planning Department's recommendation or analysis; and WHEREAS, Planning, Zoning and Appeals Board (PZAB) has considered the Applicant's justification as well as the Planning Department recommendation; and WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change unnecessary; and WHEREAS, the PZAB, after careful consideration of this matter, failed to deem it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to recommend approval of this amendment to the Miami 21 Zoning Atlas, as hereinafter set forth; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the zoning change was made, wherein two (2) PZAB members voted in favor and six (6) PZAB members voted against; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 3 of 4 File ID: 10788 (Revision:) Printed On: 111312021 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board ("PZAB") failed to recommend approval to the Miami City Commission to amend the Zoning Atlas of Ordinance No. 13114 ("Miami 21 Code"), as amended, by changing the zoning classification from "74-L" General Urban Zone —Limited to "75-0" Urban Center Zone — Open, for the property generally located at 600 NW 42 Avenue, 4251, 4253, and 4255 NW 6 Street, and 601 NW 43 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated; further recommending to the City commission acceptance of the voluntarily proffered covenant, attached and incorporated as Exhibit "B". Section 3. The PZAB further failed to recommend to the City Commission the acceptance of the voluntarily proffered covenant, attached and incorporated as Exhibit "B," by failing to reach a supermajority pursuant to 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code. Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: r-'-PorlaAl P,Director, e¢arimentot Planning 11/312021 i City of Miami Page 4 of 4 File ID: 10788 (Revision:) Printed On: 111312021 Downtown ■ P ■ District 0 Downtown Flagler Parking District I F--Nw--aTH-.STD ST N SW T I 4 F m 2.1 NE 5TH ST NE 4TH_ST �4 v E FLAGLER ST T1 AE EO SE 18T ST 0 �rVOW,' S dTH SS �] y �f A!Ll LEI ❑Y W m � m ¢ $ L—CHCPIN PLZ M y El SE 3RD ST BISCAYNE BOULEVARD WAY 1� 0 125 2,90 900I-rol A I I I i Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-4105-031-014 0 01-4105-031-0130 01-4105-031-0120 01-4105-031-0110 Portion of 01-4105-031-0080 (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2021, by Le Jeune Palms, LLC, a Florida limited liability company having offices at 782 NW 42nd Avenue, Suite 630, Miami, Florida 33126 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 600 NW 42 Avenue, 4251 NW 6 Street, 4253 NW 6 Street, 4255 NW 6 Street, and 601 NW 43 Avenue, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner has filed an application to rezone the Property from T4-L to T5-L;and Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 WHEREAS, the change in zoning of the Property from T4-L to T5-L will increase the maximum height from three (3) stories maximum to five (5) stories maximum; NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, 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 its heirs, grantees, successors, and assigns as follows: 1. Recitals. 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. 2. Use/Restriction: The height of any residential building on the Property shall not exceed three (3) stories. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 2 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the parry exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 3 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 8. Severabilily. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW 4 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2021. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) Le Jeune Palms, LLC C Tony Gonzalez, Title Manager The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of 520 by Tony Gonzalez, of Le Jeune Palms, LLC. He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 5 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 APPROVED AS TO CONTENTS: Cesar Garcia -Pons, AICP, LEED, AP Planning Director Joseph A. Ruiz, Esq. Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 6 Declaration of Restrictive Covenants FolioNo(s):01-4105-031-0140, 01-4105-031-0130, 01-4105-031-0120, 01- 4105-031-0110, and a portion of 01-4105-031-0080 [legal description] Exhibit "A" 7 Pro jedDoc Checklist Comments Report Project Name: PZ-21-10180 Workflow Started: 09/16/2021 8:09 AM Report Generated: 09/29/2021 10:15 AM Grouping Cycle Ref # Permit Type Group Name Comment Type Category Type Reviewer Comment Applicant Response Status Updated By Last Updated Completed? Date Completed 1 Site Development Land Development Design & Review Department Review All appears correct with Information Megan Echols 09/22/2021 4:56 PM True 09/2212021 4:56 Review Group covenant PM Clarify or define what is a Main Workflow 1 'residential building" which Zoning cannot exceed 3 Stories. T5-L 09/23/2021 6:37 2 Site Development Administrator General Department Review allows many non-residential Information Daniel Goldberg 09/23/2021 6:37 PM True PM uses. Is a residential building one which has no non- residential uses? Project Department Review Status Report Project Name: PZ-21-10180 Workflow Started: 09/16/2021 8:09 AM Report Generated: 09/29/2021 10:17 AM Cyc.c Depar..v...„ Reviewer Email Status Reviewer Comments Applicant Comments City Attorney Office Supervisor Barnaby Min BMin@miamigov.com Zoning Administrator Daniel Goldberg dagoldberg@miamigov.com Staff Review Complete Land Development Supervisor Jacqueline Ellis jellis@miamigov.com 1 Land Development Review Group Megan Echols mechols@miamigov.com Staff Review Complete Comments in Markup of PZD-10 Comments are: Throughout the Covenant is references a portion of a property, a portion of a property cannot be zoned, the City Attorney Office Jihan Soliman Jsoliman@miamigov.com Staff Review Complete whole lot or not at all. Wrong Zoning Admin name Needs to include legal description of all subject properties Add portion that states covenant is running with the land.