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HomeMy WebLinkAboutPZAB (13671) ResolutionCity of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com l t P2 Enactment Number: PZAB-R-23-042 File ID: 13671 Final Action Date: 4/11/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO ARTICLE 4, DIAGRAM 11 OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, TO ALLOW A DENSITY TRANSFER OF FIVE (5) UNITS INTO T4 ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL FOR TWO (2) REAL PROPERTIES DESIGNATED AS "74-R", GENERAL URBAN ZONE - RESTRICTED AND THREE (3) SUBORDINATE WAIVERS, FOR THE PROPERTY GENERALLY LOCATED AT 3069 PLAZA STREET AND 3091 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Roble, LLC ("Applicant") applied to the City of Miami ("City") for an Exception, pursuant to Article 4, Diagram 11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") to allow a Density transfer of five (5) units into a "74" Transect Zone, allowed by Exception with City Commission approval through the Historic Preservation Transfer of Development Density program established in Chapter 23 of the Code of the City of Miami, Florida, as amended, ("City Code") at the Property located at approximately 3069 Plaza Street and 3091 Plaza Street, as more particularly described in Exhibit "A" ("Property"); and WHEREAS, the Applicant also applied for three (3) subordinate Waivers to the Exception; and WHEREAS, the first Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit an up to ten percent (10%) reduction in drive aisle width from twenty-three feet (23') twenty-two and one-half feet (22.5') (a 2.2% reduction); and WHEREAS, the second Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit an up to ten percent (10%) reduction in the required number of parking spaces to provide twenty-two (22) spaces where twenty-four (24) are required; and WHEREAS, the third Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit an up to ten percent (10%) increase in lot coverage to provide sixty-six percent (66%) where sixty percent (60%) is permitted as of right; and WHEREAS, the Property is zoned 74-R", General Urban Zone on the Zoning Atlas of the Miami 21 Code and is located within a Transit Oriented Development ("TOD"); and WHEREAS, the existing Miami Comprehensive Neighborhood Plan ("MCNP") designation of the Property is "Medium Density Multifamily Residential"; and City of Miami Page 1 of 4 File ID: 13671 (Revision:) Printed On: 411312023 WHEREAS, the areas designated as "74-R", General Urban Zone - Restricted consists of a Mixed -Use but primarily residential urban fabric with a range of Building types including Residential Uses to a maximum Density of 36 Dwelling Units per acre; and WHEREAS, areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum Density of 65 Dwelling Units per acre; and WHEREAS, as part of the Density transfer into the Applicant's 74-designated Property", the Applicant will be purchasing five (5) units via this Exception process; and WHEREAS, the Applicant is legally bound to follow all the terms and conditions of the recorded Covenant voluntarily proffered as part of the adopted rezone (Ordinance 13998) for the Applicant's Property, as attached and incorporated as Exhibit "B", ("Rezoning Covenant"); and WHEREAS, the Rezoning Covenant restricts the Property to provide twenty percent (20%) of Units to individuals whose incomes is at or below eighty percent (80%) Area Median Income for Miami -Dade County, and the purchase of the five units results in one additional income -restricted unit; and WHEREAS, the Planning Department finds the proposed Exception and three (3) subordinate Waivers to be consistent with applicable criteria of the Miami 21 Code, pursuant to Article 7, Sections 7.1.2.6 and 7.1.2.5, Article 4, Table 12 and Diagram 11; and WHEREAS, the proposed Exception is consistent with the goals and requirements of the Miami 21 Code; and WHEREAS, the Planning Department reviewed the application and found the proposed Exception is consistent with the goals of the Miami Comprehensive Neighborhood Plan ("MCNP"), including but not limited to the MCNP Transportation Element, Goal TR-2, Objective TR-2.4, Policy TR-2.4.3; and WHEREAS, the Planning Department, pursuant to Article 4, Diagram 11 and Article 7, Section 7.1.2.6 of the Miami 21 Code recommends approval with conditions; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to recommend approval with conditions of the requested Exception; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING, AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 4 File ID: 13671 (Revision:) Printed On: 4/13/2023 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 PZAB hereby recommends to the Miami City Commission approval of the three (3) Waivers pursuant to the Miami 21 Code and the Exception pursuant to Article 4, Diagram 10 and Article 7, Section 7.1.2.6 of the Miami 21 Code, subject to the following conditions: 1. The proposed Residential, Multi -Family Housing project shall be in accordance with the two (2) plans entitled "A-0.4 CONTEXT SITE PLAN" and "A-1.0 ZONING TABULATION" as prepared by Lester Perez Pizarro, State of Florida Registered Architect - AR95944, each plan drawing consisting of one (1) plan sheet and bearing the e-Plan approval stamp. 2. The Applicant shall activate the public realm at the ground level directly fronting Plaza Street (the Principal Frontage) in accordance with Article 4, Table 12 (Building Disposition) of the Miami 21 Code that reinforces and enhances pedestrian walkability and safety with a pedestrian walkway made of anti -slip material(s) with a minimum width of 5-0" (60") per Chapter 54, Section 54-223 (Sidewalk) of City Code, as amended. 3. The Applicant is legally bound to follow all the Terms and Conditions, as described in Exhibit "B", the City Approved Covenant. 4. Pursuant to Article 5, Section 5.4.7, Ambient Standards (T4) of Miami 21 Code, the average lighting levels measured at the Building Frontage shall not exceed 2.0 fc (foot- candles), and lighting of the Building and Open Space of First and Second Layers shall be compatible with street lighting of Abutting public spaces. 5. Light spillage and glare from exterior lighting shall not be directed at adjacent properties, neighboring areas, and motorists. 6. The City reserves the right to inspect the site to ensure compliance with the conditions listed. 7. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to City Code. 8. Any non -substantial modification to the approved plans as a result or consequence of the Applicant's compliance with other departments and/or agencies and/or codes, shall require a new review for approval confirmation from the Planning Director in accordance with Article 7 of the Miami 21 Code. 9. Pursuant to Miami 21 Code, Section 7.1.2.6(e) "an Exception shall be valid for a period of two )2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director." 10. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to City Code. 11. The City reserves the right to inspect the site to ensure compliance with the conditions listed. City of Miami Page 3 of 4 File ID: 13671 (Revision:) Printed On: 4/13/2023 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall be effective immediately upon its adoption. City of Miami Page 4 of 4 File ID: 13671 (Revision:) Printed On: 4/13/2023 DAM os)D sz oozs H'ii siPs<ois o . s. nx: IF.) zcz-0a01 ,ix:1zss) sa0-zc¢a L✓ it ,.i,YI LOT -PC - C 'LOCK -4 120 J---SSSaat_ >� A. r� MAP OF BOUNDARY SURVEY,, GRAPHIC SCALE -20 0 20 40 b0 ON FEET) I INCH = 20 FEET LOT T 'LOCK-4 K I�- <2" +'- +�r v LOT-21 - Ix 7d ° - Lc7CKf - C BLOG - BLOCK 4 } J\ +I -+- LOT - BLOCK-4 LOT-2Y N PP BLOCK-d +.'. A + 23 + G �S C + VACANT LOT - LAND AREA= 214,399.18 SO. Fi W +'a OR ± 0.3356 ACRES +� I.OT - 4 _ _CCK - 4 LOT-23 31 BLOCK - - LOT -24 - BLOCK - 4 LC l - 3 BLOCK-D f S j IT, of a..e Out SHIPP LOT 25 'LOCK n I , 5'CCK 4 SURVEYORS NOTE: AK ARBORS MUST CONTIRV A,] THE TREE IN'Af E5. CONDITION AND AVE CFECIE5. 1dHAT IS 5HOVIN ON THE S 'RVEY MAY NOT BE dE COR2E NAM, OF THE -REFS. LAND SLEv LYORS ARE NOT ARBORIST. •�$-sou l - - .I LOCATION SKETCH CITY OF MIAMI LEGAL DESCRIPTION: LOT21-24, BLOCK 4. CARTERS ADDITIOIJ. ACCORDING TO THE PL4 T THEREOF. AS RECORDED IN PLA TBOOK 2 PAGE 101, OFTHE PUBLIC RECORDS OF MIAMI-DADE COUNTY F ORIDA. Jorge L Rivera ARBORISTRIFF'ORT ABBREVIATIONS ABBREVIATIONS PROPERTYADDRESS: 3069AND3091 PLAZA STREET M'IAM'I, FLORIDA 33133 „ CERTIFICATION: PBP CONSULTING GROUP CORP. LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY 5 S ECoa C Co S D S PEOPPRIPED III ME FIELD, COULD BE DR41M ALA SHOWN OCALEAA,OR oa vERIFY REGULEnon's S O ON SSURVEY. OR[YORK NOT TO SCALE wu, �u Eieir - -c�arnc,�a - e°a. rs SN zowNG FLOOD ZONE INFORMATION: PFLOOD I�:P5U,,4✓ECESIGaAGEO AL nn., COMMUNITY: EL N20650 PA NFL I— SUEFFx L CE Frets: 09h1A009 iM1E SURJECT PROPERTY DOES NOT LIE IN rzDESEaIc�oNS THE UEREN DESCFaEO A SPECIAL FLOOD HAZARD sE sAa<sn�=o eE L4NO r06E SrUFTED IN AREA. SURVEYDR SNTTES. SN01n N, RE RNGSA O. APS z. MEc OSUREJN THOLP BS RI SURVEYOR'SCERTIFICATION: NASGUMED IERG54Da.4iN MEN SABOVEl75WFTpp REFERRED se 05252022 JOHN IBARRA T.I.T Tr , T, LEGEND - = OVERHEAD UTILITY LINES DRAWNBY DGLALK =CONCRETEBLOCK WALL =CHAIAUNKFENCE - =IRON FACE FIELD DATE; 0112112022 �w _ [DOOR FENCE — =IS ILDINGSFTBACKLIN'E =UTILITYEASEMENT SURVEY NO; 18-001269-8 Ugl�yllg-dbyTOHNA = LIMITED ACCESS RAN .10.1e 1z.a3.53 „11.1111 = NON-VEMCULARACCESS RAV SHEET; = EXISTINGELE'JA TIONS 1OF1 °"' zz.003.z0zse Prepared by and return to: Greenberg Traurig 333 Avenue of the Americas 44th Floor Miami, FL 33131 Reserved for Recording Exhibit B City Appi CFN: 2022041541 DATE: 05/20/20221 HARVEY RUVIN, CL DECLARATION OF RESTRICTIVE COVENANTS NOTICE ----di, to be 1—d— for I P,bU, hearing ­,d � b,,L,,, firth ,the City ofMIarH E..% aPpli.0J-d—king hotly .11 rewew Lh,i,f­a,, atthe p,bfi, h,,,i,gt, rendaa PZ-22-15147 03/29/23 fib THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day _2J_ of , )VAQ_ _. 2021, by One Roble, LLC, a Florida limited liability company, having offices at 2 100 Coral Way, Suite 704, Miami, Florida 33133 (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 properties located at 3069 and 3091 Plaza Street, Miami, Florida (Folio Nos, 01-4121-002-0860 and 01-4121-002-0870), legally described in Exhibit A attached hereto and made a part hereof (collectively, the "Property"), which arc the subject of a rezoning application; and WHEREAS, Owner has filed applications for (a) Future Land Use Map amendment to re- designate the Property from "Duplex Residential" to "Medium Density Multifamily Residential" and (b) rezoning from T3-0/NCD-2 to T4-R/NCD-2 (collectively, the "Application"); and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure and affirm that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner, its successors in interest 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. Affordable Housing. Twenty percent (20%) of the total number of units developed at the Property as part of any multifamily residential or condominium development 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 eighty percent (90%) of Area Median Income of Miami -Dade County ("AMI") as certified by the Department of Housing and Community Development (the 1 N`Vr NOTICE CFN: 202204154 Thi.. re�aneetlsmoe,ebetlg�tl�rapgb�cbearn9 ecl,'ce wMli.Ui d setfirthintheC of MIarH th,m The applicable tlecicimmakNg hotly `till rewew Meiniormatipn tthe public hearing to reN a a recpmmentlation or a final tleciaon PZ-22-15147 A\ 03/29/23 .fIC 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 2 of 8 "Affordable Housing Units"). This condition shall only apply to multifamily residential housing development on the Property. Prior to converting any of the Affordable Housing Units from rental units to homeownership units, the Owner, or its successors or assigns, must request and receive written authorization from the City Manager. In the event that the conversion is authorized, the City and Owner shall coordinate to record covenants on individual units ("Individual Covenants") in a manner that creates the same amount of Affordable Housing Units specified in this Declaration. Each Individual Covenant must (i) specify the applicable AMI for any purchaser dining the term of the Individual Covenant and (ii) expire on the same date as the Declaration. In the event that any of the Affordable Housing Units are sold, the specific Unit(s) must be sold with a purchase cost equal to or less than the standards for those individuals whose income is at the AMI as established herein. Each Affordable Housing Unit sold shall include a deed restriction that the Unit shall only be sold with a purchase cost equal to or less than the standards for those individuals whose income is at the applicable AMI as established herein and shall further indicate that the Unit shall only be rented to individuals whose income is at the A.MI as established herein. The deed restriction must specify the specific applicable AMT. 3. Public Benefits Cash Contribution. The Owner shall make a One Hundred Thousand Dollars ($100,000) contribution as a lump sum payment to Rebuilding Together Miami -Dade, Inc. to assist in the organization's efforts to repair and improve the homes of low income and vulnerable homeowners and tenants in the Coconut Grove Village West Island Conservation District. This one-time contribution shall be made no later than five (5) business days prior to issuance of any building permit, including but not limited to a phased permit, for multi -family residential development on the Property. 4. Effective Date. This Declaration is effective at the date of recordation of this Declaration executed by all parties in the Public Records of Miami -Dade County, Florida (the "Effective Date"). This Declaration 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. 5. 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, their successors in interest and assigns for a period of thirty (30) years from the date this Declaration is recorded in the public records, unless modified, amended or released prior to the expiration thereof. 6. Inspection. 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 �,pCUM@N dr fi'aecaaoa NOTICE CFN: 202204154 ��..­d� setfirthintheC of cl, '% applicable d-d—kng hotly .11 rewew th,mbma,, atthe p,bfi, hearing t, Ak-, 03/29/23 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 3 of 8 determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 7. Enforcement. 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 to restrain violations, to recover damages, or for any other remedy available. In addition, any violation or noncompliance of this Declaration shall be immediately referred to the Code Compliance Department for enforcement proceedings, lien placement, and citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall be referred to the City Attorney's Office for enforcement, including but not limited to injunctive relief and/or any other remedies in law or equity. This enforcement provision shall be in addition to any other remedies available under the law. The use of one remedy shall not preclude the use of another. 8. Non-Conintlance. Any violation or noncompliance of this Declaration regarding the affordable housing component. shall result in a monetary penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any body or board including, but not limited, to the Code Enforcement Board. 9. Governing Law, This Declaration shall be construed in accordance with the laws of the State of Florida and any proceedings arising in any manner pertaining or relating to this Declaration shall, to the extent permitted by law, be held in Miami -Dade County, Florida. 10. Amendment, Modification and Release. This Declaration may be modified, amended, or released as to any portion or all of the Property only after approval by the City Commission at a publicly noticed hearing. All costs, expenses, and fees associated with releasing this Declaration shall be the sole responsibility of the party requesting the release. Any amendment, modification, or release approved by the City Commission shall be executed by the Planning Director, the Zoning Director, and the Housing and Community Development Director, or their successor, or designee, and be in a form acceptable to the City Attorney. H. Severability. 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. 12. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within ten (10) days of 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. NOTICE CFN: 202204154 ��..—da setfirthintheC of C" '% applicable d-d—knq hotly .11 rewew th,mbma,, atthe p,bfi, hearing t, Ak-, 03/29/23 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 4 of 8 It. Counterparts/Electronic qrts/Electronic Signature. This Declaration maybe 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. 12. No VesteLd Rip 1 1 ghts. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW E! ILI NOTICE CFN: 202204154 ��..­da setfirthintheC of C" '% applicable d-d—knq hotly .11 rewew th,mbma,, atthe p,bfi, hearing t, Ak-, 03/29/23 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 5 of 8 IN WITNESS WHEREOF, the undersigned has set his hand and seal this 2q day of - vat_, 202L Witnessed by: r I Name: r-1, Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE) On Roble, LLC, A orida limited lia it company By: Maximo Sacclimi, I nager The foregoing instrument was acknowledged before me by means of physical presence or online notarization this -24 day of jijfleL 2021 by Maximo Sacchi W.Olanager of One Roble, LLC. He personally appeared before me, is nally known to me or produced tore me' is n to me or as identification. F"?04* ywr3msl Name: Notary Public, State --lorida Commission No. 2 14 My commission expires: J JA"ET Ro"LLO ANET ROSILLO Notary Public -State of Florida 'da Commission 'ji " , J-'- Commission 4 HH 1403 57 F�ftMy Comm. Expires Jun 10, 2025 NOTICE CFN: 202204154 eegrtlMIarH C" '% applicable d-d—knq hotly .11 setfirthintheC of rewew th,mbma,, atthe p,bfi, hearing t, Ak-, 03/29/23 3069 and 3091 Plaza Street, Miami, Florida Declaration of Restrictive Covenants Page 6 of 8 APPROVED AS TO CONTENTS: Cesar GaMia-Pons Director of Planning GoldberDigitally signed by g, Goldberg, Daniel Date: 2022.01.25 PAWdoldbeig, DiWla3 -05'00' Office of Zoning Ge rfor Men�sah, Director Department of Housing and Community Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,Fa&4,aZX L. A� 61 Victoria -—M 6 � �d e—z City Attorney ims 22-190 NOTICE CFN: 202204154 ��..—da setfirthintheC of C" '% applicable d-d—knq hotly .11 rewew th,mbma,, atthe p,bfi, hearing t, X,-, 03/29/23 3069 and 3091 Plaza Street, Miami, Florida Folio Nos. 01-4121-002-0860 and 01-4121-002-0870 Exhibit "A" Legal Description of Property & *jw 'wVW0 ''Wevill thereof, as recorded in Plat Book 2, at Page 101, of the Public Records of Miuml-Dade County) Florida. Pared Identification Number: 014121-002-0860 and Lots 23 and 24, Block , of CAMPNWJ.)91,4 a" thereof, as recorded in Plat Book 2, at Page 101, of the Public Records of Nami-Dade. County, FloridhL Parcel Identification Number. 014121-002-0870