HomeMy WebLinkAboutAnalysis, Maps & PZAB ResoANALYSIS FOR MODIFICATION OF RESTRICTIVE COVENANTS
Approximately 350-382 NE 56th street
FILE NO '10-00296cm
Application requests:
The applicant through a Special Appearance Application is requesting a modification of a Declaration of Restrictions
("Covenant") proffered to the City of Miami associated with a previously approved rezoning.
The subject property is located within the Little Haiti NET area and consists of one parcel. The parcel is Lot 4, Block 4, Dixie
Highway Tract located on the south side of NE 561h Street, as described in Exhibit "A" (Complete legal description is on file with the
Hearing Boards Section).
Review and analysis of the proposed application finds that:
• The subject covenant was approved by the City Commission on November 18, 2010 under Zoning Ordinance 11000
associated with a rezoning request from R-2 "Two-family Residential" to C-2 "Liberal Commercial" to allow mixed use
development.
• The proposed zoning change from R-2 to C-2 introduced commercial use and significantly increase density and height on
the property from a maximum eighteen (18) units per acre and maximum height of twenty-five (25) feet to 150 units per
acre and unlimited height within an established low density and low height residential area along NE 561h Street,
specifically "Two-family Residential."
•
•
The applicant voluntarily proffered to the City Commission a Declaration of Restrictive Covenants, which restricted the
development of the property to three (3) stories to mitigate the impact of the requested zoning change to the area.
The zoning designation of the parcel under Miami 21 Code is T5-L "Urban Center Transect Zone," which allows a
maximum height of five (5) stories.
Pursuant to Article 3, Section 3.5,2 of the Miami 21 Code, a story is a habitable level within a building of a maximum
fourteen (14) feet in height from finished floor to finished floor. However, a ground level retail story may exceed the limit up
to a total height of twenty-five (25) feet. That said, any floor level, except in T6-36, T6-48, T6-60, and D1, exceeding
fourteen (14) feet or twenty-five (25) feet at ground level retail shall be counted as two (2) stories.
Because of the combination of uses, which includes retail space, live work units with mezzanines that require finished floor
to finished floor heights that exceed fourteen (14) feet, the proposed Schimmel Live Work Lofts at fifty-three (53) feet
under Miami 21 Code constitutes a four (4) story building, even though the measured along the building exterior at fifty-
three (53) feet is consistent with a three (3) story building.
• The applicant is requesting a modification to an approved Restrictive Covenant of a height of three (3) story on the
property to a maximum height of fifty-three (53) feet at top of roof line.
• The covenant modification is appropriate, as the proposed project building at fifty-three (53) feet measured along the
exterior is consistent with three (3) story building and maintains the intent of the originally proffered covenant to mitigate
height impact to the surrounding residential uses.
Based on the aforementioned, the Planning & Zoning Department recommends approval of the application as
presented.
ZONING ATLAS MAP
NE 58TH ST
NE 3RD AV
NE 58TH TER
R-2
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NE 54TH ST
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0 150 300
1
600 Feet
SD-12
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2
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C-1
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NE 55TH TEI
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NE 55TH ST
ADDRESS: 350 NE 56 STREET
T5-O
0
150
300
M IAM 121 MAP
T3-0
T5-L
[NE3RDI
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600 Feet
ADDRESS: 350 NE 56 STREET
0
150
300
600 Feet
ADDRESS: 350 NE 56 STREET
Miami Planning, Zoning and Appeals Board
File ID 10-00296cm
Resolution: PZAB-R-11-059
December 14, 2011 Item PZAB.3
Mr. Charles A. Garavaglia offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENTS, RECOMMENDING APPROVAL OF A MODIFICATION TO A
DECLARATION OF RESTRICTIVE COVENANTS DATED NOVEMBER 11, 2010,
AND RECORDED IN OFFICIAL RECORDS BOOK 27791, PAGES 0430-0435, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 350 NORTHEAST 56TH STREET,
MIAMI, FLORIDA, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Upon being seconded by Ms. Maria Beatriz Gutierrez, the motion was passed and
adopted by a vote of 7-0:
Mr. Sergio Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Patrick Goggins Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Lazaro Lopez Yes
Mr. Ernest Martin Absent
Mr. Daniel Milian Yes
Mr. Oscar Rodriguez Absent
Ms. Janice Tarbert Yes
Franc! colGarcia, Director
Pla fining Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS4' DAY OF.68Q-4'?"7 (2-011.
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Print Notary Name
Notary Public State of Florida
Personally know 1 or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take -an -oath
oks MARIA.ISASEL REYES
<!� * MY COMMISSION 0 EE 107260
•{ �� f EXPIRES: October 25, 2015
° Bonded Thru Notary Public Underwriters