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HomeMy WebLinkAboutSubmittal-Commissioner Carollo-Key Reference Points Alexander TachmesSubmitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk November 17, 2015 BY HAND DELIVERY Mayor and City Commissioners City of Miami 3500 Pan American Drive Miami, FL 33133 ALEXANDER I. TACHMES, ESQ. PARTNER Shutts ft Bowen LLP 200 South Biscayne Boulevard Suite 4100 Miami, Florida 33131 DIRECT (305) 347-7341 FAX (305) 347-7754 EMAIL ATachmes®shutts.com Re: File Nos. 15-000571u and 15-00057zc 2240 SW 13th Avenue Agenda Items PZ.3 & PZ.4 - November 19, 2015 City Commission Meeting Dear Mayor and City Commission: As relating to Planning and Zoning Agenda Items PZ.3 and PZ.4, for ease of reference we have compiled a booklet containing key reference points. We look forward providing additional information and answering any questions you may have on Thursday. Sincerely, Shutts & Bowen LLP Alexander I. Tachmes, Esq. AIT/sm Enclosure cc: Todd B. Hannon, City Clerk Victoria Mendez, Esq. Sergio E. Garrido, Planner II fen 510051Iu foht--1-f/1I- C�rnrn'►f1io our CiroIlo- <<2� ►derenLk PO li-S i5-0ousou ttuGnay 1-00(161,03 shutts.com I FORT LAUDERDALE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH File Nos. 15-000571u and 15-00057zc INDEX Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk Item Tab No. Aerial Photograph 1 Summary of Request 2 Site Plan Summary 3 Staff Recommendation 4 Proffered Declaration of Restrictive Covenants 5 Photographs of Property and Surrounding Area 6 Comparable Developments in Surrounding Area 7 Highlights from Traffic Study 8 Highlights from Economic Impact Analysis 9 Community Outreach and Support 10 File Nos. 15-000571u and 15-00057zc Submitted into the public record for item(s) PZ. 7 PZ.8 on01___1_2jy212L6, City Clerk Application for Rezoning and Amendment to Future Land Use Map 2240 SW 13th Avenue 1300 Coral Brickell, LLC File Nos. 15-000571u and 15-00057zc INDEX Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk Item Tab No. Aerial Photograph 1 Summary of Request 2 Site Plan Summary 3 Staff Recommendation 4 Proffered Declaration of Restrictive Covenants 5 Photographs of Property and Surrounding Area 6 Comparable Developments in Surrounding Area 7 Highlights from Traffic Study 8 Highlights from Economic Impact Analysis 9 Community Outreach and Support 10 1 1 1 1 1 1 1 1 1 1 1 1 Submitted into the public record for item(s) PZ= on 01 n 2016 City Clerk City of Miami Planning and Zoning November 16, 2015 Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk 1:1,128 0 50 100 200 R 1 1 1 J + J J r tl 0 15 30 60 m © 2010 CigialGlobe © 2010 GeoEye ©2015 Microsoft Corporation Oty c Miani Flaming and Zoning Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk Submitted into the public File Nos. 15-000571u and 15-00057zc record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk Summary of Request ➢ Rezoning and Future Land Use Map Amendment necessary to allow a 3-story, 40 foot structure containing parking, 3 apartments and residential amenities. Necessary to build 8-story new residential, mixed use project on Coral Way. ➢ No new use for the Subject Property as has been a parking lot for over 40 years. ➢ No increase in density or introduction of retail, office or other commercial uses as a result of proffered covenant. ➢ 68 letters in support ➢ Consistent with as -built environment: located on corner of major thoroughfare, surrounded by intense commercial uses to north and east which are zoned T6-8. Provides transition to residential uses to the south and west. ➢ Project consistent with City's vision for Coral Way as set forth in the Coral Way Beautification Plan. ➢ Project will bring infusion of investment and new construction to Coral Way, stimulating increase in property values and property taxes to the benefit of residents, businesses and the City. Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk File Nos. 15-000571u and 15-00057zc Site Plan Summary ➢ Floors 1-3 (Parking Structure): Submitted into the public record for item(s) PZpZ. 7_ on 01/28/2016, City Clerk • Residential building on Coral Way will be connected to parking structure to the rear at Floors 1-3; customary for new construction of residential buildings. ➢ Floors 4-8 (Tower): • West side of building abuts T-3 and in compliance with T-3 setback. • East side of building abuts T-4 and is in compliance with and exceeds T-4 required setback; T-4 requires 26 foot setback and we are providing approximately 32 foot setback (not including fire egress staircase) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IN COMPLIANCE IN COMPLIANCE PROPOED ZONING STF(L) NEW 6,0. HST. CBS WALL T6 - Abutting Side or Rear T3: Required: 10 % of Lot depth; 6 feet min. for Lots less then 120' deep Provided: 6 feet IN COMPLIANCE T4 - Internal Side Setback: Required: 0 feet or 5 feet min. abutting a Setback Provided: 5 feet N CB IN COMPLIANCE T4 - Secondary Front Set Required: 10 feet Provided: 10 feet gIW Fa Na N� I r3 N SI THE S TO TREE MAIN ]]js2111;1! i7 •F i ZONIN T3 LOT 1 ZONING TNA(0) EXIST. T6 - Side setback: Required: 0 feet Provided: 0 feet 117 0' 14 1i. 117.Aft 11 NEW SHRUBS UNIT ENTRANCE (TYP.) IN COMPLIANCE _ T4 - Principal Front Setback: Required: 10 feet Provided: 10 feet ONE WAY PARKING WAGES UP it 'llllill r I MAIL �•A V wv� co E i GENERATOR -:�� ��1� � - �■ W�WiW`� s�WiWiW.` MINCE PROPOSED ZONINGTSS(0) ZONING T4-(L) — - EXIST. E.W. 13th AVENUE SP ASPHALT PAVEMENT I lam WAS SPACE i�O�i�":�:r:�i�i�i►�r�lili�i�i�i►'rii�ii� �■�:` IN COMPLIANCE T6 - Secondary Front Setback: Required: 10 feet Pro.idad:l0 fret SAW UMW IN COMPLIANCE T6 - Princip Front Setback: Required: t t Provided: feet 4 SITE PLAN WITH GROUND FLOOR PLAN SCALE:1•. U J OJ o Z Ow UY D C 0 O OU d o C 0 LL 1 °M02.13.10 on.n by - Ole.. PROPOSED ZONING T4-(L) IN COMPLIANCE (EXCEED REQUIREMENT) T6 - Abutting Side or Rear T3: Required: 26 feet min. 3rd - 5th Story; 46 feet min. above 5th Story Provided: 46 feet, 3rd - 8th Story IN COMPLIANCE T4 -Internal Side Setback: Required: 0 feet or 5 feet min. abutting a Setback Provided: 5 feet IN COMPLIANCE T4 - Secondary Front Setback: Required: 10 feet Provided: 10 feet IN COMPLIANCE T4 - Principal Front Setback: Required: 10 feet Provided: 10 feet ZONING T3 LOT IMeUTOYMC MMIOULTMICK ZONING Tea(0) EXIST. ff1 PROPOSED ZONING TeB(G) ZONING T4(1.) EXIST. IN COMPLIANCE (EXCEED REQUIREMENT) IN COMPLIANCE T6 - Side setback: Required: 0 feet Provided: 0 feet FIESIOENTIAL SLOG. T6 - Abutting Side or Rear T4: Required: 6 feet min. 1st - 5th Story; 26 fast min. above 5th Story Provided: 32 feet 4th - Bth Story` 'Not including lire egress staircase IN COMPLIANCE T6 - Secondary Front Setback: Required: 10 feet Provided: 10 feet IN COMPLIANCE T6 - Principal Front Setback: Required: 10 feet Provided: 10 feet TYPICAL BUILDING FLOOR PLAN (ROOFTOP OF PARKING) 4th - 8th LEVEL R PEA rL-wew,ao..v. u, m,xee Svdse Om q: a -sr Sulk Cl O Y " rs. G = UY Y N 0 o E1.04 '_ a_ N v .- co y 10 `0 0 3 aa) c In 0 Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk 4 File Nos. 15-000571u and 15-00057zc Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk 1 t 1 Staff Recommendation of Approval ➢ Amendment to land use designation for the Subject Property from "Duplex Residential" to "Low Density Restricted Commercial" ➢ Change in zoning classification for the Subject Property from "T3- 0 to T4-L" Existing Pro s osed Covenant Zoning Zoning Density 1 8/acre 36/acre 18/acre — NO CHANGE Commercial Not allowed Allowed Not Allowed — NO CHANGE Height 2 stories/25 ft. 3 stories/40 ft. 3 stories/40 ft. Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk File Nos. 15-000571u and 15-00057zc Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk Proffered Declaration of Restrictive Covenants ➢ Density limited to three (3) dwelling units on Subject Property. ➢ Height on Subject Property limited to three (3) stories and no more than 40 feet, measured in accordance with Miami 21. ➢ Retail, office and other commercial uses prohibited on Subject Property, with the exception of parking to service the residential and commercial uses comprising the Project. ➢ Development of Subject Property will be in substantial compliance with the Site Plan. ➢ Amenity Deck shall be limited to use by residents and their guests only. ➢ The swimming pool located on the Amenity Deck shall be set back at least 60 feet from the property line along SW 22nd Terrace. ➢ Any events on the Amenity Deck shall end by 11:00 p.m. ➢ Declaration of Restrictive Covenants may only be modified after approval by the City Commission at a public hearing. Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk Prepared by and after recording return to: David J. Coviello, Esq. Shutts & Bowen LLP Miami Center Suite 1500 201 S. Biscayne Blvd. • Miami, FL 33131 dcoviello@shutts.com Folio: 01-4139-007-2731 DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS that the undersigned 1300 CORAL BRICKELL, LLC, a Delaware limited liability company (the "Owner") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the owner of that certain property located at 2240 SW 13th Avenue, in the City of Miami, Miami -Dade County, Florida, more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Subject Property"); and WHEREAS, Owner proposes the development of a mixed -use residential project located on the Subject Property and on property located at 1300 SW 22nd Street and 1312 SW 22nd Street, in the City of Miami, Miami -Dade County, Florida; and WHEREAS, Owner is submitting applications for a Comprehensive Plan Amendment and Rezoning of the Subject Property; and WHEREAS, Owner seeks to assure the City of Miami that the Subject Property will be restricted in the manner set forth herein. NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, 1300 CORAL BRICKELL, LLC hereby agrees as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 2. Use and Density Restrictions. Notwithstanding the T4-L transect zone and Low Density Restricted Commercial land use designation on the Subject Property, Owner hereby places the following restrictions on the Subject Property: MIADOCS 10676076 7 40068.0001 1 Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk (a) Density shall be limited to three (3) dwelling units on the Subject Property described on the attached Exhibit "A" which represents a maximum density of up to eighteen (18) dwelling units per acre; and (b) Height on the Subject Property shall be limited to three (3) stories and no more. than forty (40) feet, measured in accordance with, and subject to the exceptions for certain roof structures as permitted by, Miami 21; and (c) Retail, office and other commercial uses as defined by the Miami 21 Code, or any successor Zoning Ordinance, shall not be allowed on the Subject Property described in Exhibit "A" attached hereto. Notwithstanding the foregoing, parking within the Subject Property to serve the residential and commercial uses located on other property comprising the Project, shall be permitted. 3. Site Plan. The Subject Property will be developed in substantial compliance with the site plan entitled "Proposed Mixed-Use/Condo For 1300 Coral Brickell, LLC" prepared by Ralph Puig Architect, LLC, dated the 26th day of October, 2015 (the "Site Plan"). The Site Plan is deemed as being expressly incorporated by reference herein as though set forth in full in this Section. 4. Amenity Deck. The Amenity Deck may consist of a sun deck, swimming pool, barbeque area, tables, chairs, and umbrellas and other recreational facilities and amenities, and shall be used by the residents and their guest for sun bathing, swimming and other recreational and social events. The Amenity Deck will not be used for any other events other than those for the residents and their guests. The swimming pool located on the amenity deck as shown on the Site Plan shall not be located closer than sixty (60) feet from the property line of the Subject Property along SW 22°a Terrace. Further, any events on the Amenity Deck shall end at 11:00 p.m. 5. Term, The provisions of this instrument shall become effective upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing in accordance with Section 6 below, upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Subject Property for the purposes herein intended. 6. Modification, Amendment, Release. The provisions of this instrument may be amended, modified, or released only by a written instrument executed by the then owners of the Subject Property (or if any portion of the Subject Property has been submitted to a condominium form of ownership, in conformity with the Florida Condominium Act , as amended, then by the condominium association governing such condominium in lieu of all of the owners thereof) AND approved by the City Commission at a duly noticed public hearing, the cost of which shall be paid by Owner. Any amendments, modifications or releases will also require the approval and signature of the Director of the Planning and Zoning Department and that of the City Attorney as to legal form. MIADOCS 10676076 7 40068.0001 2 Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk 7. Enforcement. Enforcement shall be by action against the parties or persons violating or attempting to violate any covenants in this Declaration. The prevailing party to any action or suit pertaining to or arising out of this Declaration shall be entitled to recover court costs and disbursements allowed by law. Each party shall bear their own respective attorney's fees. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 8. Law. Invalidation of any of these covenants by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect. This instrument is governed by the laws of the City of Miami, Miami -Dade County and the State of Florida. 9. • Reservations. All rights, remedies and privileges granted 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 party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 10. Recordation. This Declaration shall be recorded in the Public Records of Miami - Dade County at the expense of the Owner within sixty (60) days of the final, non -appealable approval of the applications for a Comprehensive Plan Amendment and Rezoning of the Subject Property. The City of Miami Zoning Department, 444 SW 2nd Avenue, 4th Floor, Miami, Florida 33131 shall be furnished a certified copy within thirty (30) days of recordation. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] MIADOCS 10676076 7 40068.0001 3 Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk Signed, sealed, executed and acknowledged on this ( day of November 2015. WITNESSES: Print Name: Prin icfta STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 1300 CORA I : R .CKELL, LLC, a Delaware limited liabil any By: Print Na e: M6.&O Title: Authorized General/ Manacling Partner Addaw. so tC+k.ELL A.J. . k 11QnOS. The foregoing instrument was acknpwledged before me this t.p day of November, 2015, by omenico Albano , as Av+h01(fcl VklI ,rat manar' 1300 CORAL BRICKELL, LLC, a Delaware limited liability company; such person is (check one) []'personally known to me or [ ] has produced as identification. WITNESS my hand and official seal in the county and state named above this tD day of KSUVtr1*3t( 2015. e Luisa Gomez 2. r. • A `nc0 NOTARY PUBLIC, 8faof Florida Print Name: L1J l CA U Oth-f Commission No.: L.'.E t 4l� O$ C) Commission Expires: Nt'3 t t 4 1,01 5 A:P.PUB4 Luisa Gomez ^` gcCOMMISSION #EE146080 .'.�R: EXPIRES: NOV. 14, 2015 ',n,u"e W W.AARONNOTARY.com MIADOCS 10676076 7 40068.0001 4 Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk Approved as to Planning and Zoning: Francisco Garcia, Director, Planning and Zoning Dept. Approved as to Legal Form and Correctness: Victoria Mendez, City Attorney MIADOCS 10676076 7 40063.0001 5 Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk EXHIBIT "A" Legal Description: Lots 36 Thru 39, Block 60, Less the West 28 feet in Block 60, EAST SHENANDOAH, according to the Plat Book 14, Page 55, of the Public Records of Miami -Dade County, Florida. MIADOCS 10676076 7 40063.0001 6 Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk 6 MIN NIB EMI IS UM INN — MIN MI MIN 1111 Submitted into the public record for item(s) PZ. 7 PZ.8 on 01/28/2016, City Clerk • • 41. View of of Subject Parcel looking southwest r NMI III r N r r r NO — r 1111 VIM— s11111 Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk Gas Station across from Subject Parcel on corner of Coral Way and SW 13th Avenue I ri — IN r r r NM NM 1 In E r 1— NS all NMI 11111 Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk • Otz ra� 5 View of commercial uses across from Subject Parcel on SW 13th Avenue 1111 NO NE ES — INS 0111 In — MIN Ell — NI 1111 — Submitted into the public record for item(s) PZ. 7 PZ.8 on 01/28/2016, City Clerk Commercial uses across from Subject Parcel on SW 13th Avenue Submitted into the public record for item(s) PZ. 7_ on 01 28 2016, City Clerk 7 IIIIII Mil 111111 111111 NI Ell IMO III MIS In — Mil NIB SIM MI IIIIII Submitted into the public record for item(s) PZ. 7 PZ.8 on 01/28/2016, City Clerk Comparable Developments in Surrounding Area 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Submitted into the public record for item(s) PZ-7s on 01 28 2016, City Clerk File Nos. 15-000571u and 15-00057zc Traffic ➢ No material traffic impact. Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk ➢ New project traffic be almost equal to existing traffic generation of current buildings that are being demolished — will be a "wash." ➢ Traffic study confirms no material traffic impact. ➢ The project will provide vehicular access on SW l3th Avenue similar to the existing use and not on SW 22nd Terrace. Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk 9 File Nos. 15-000571u and 15-00057zc Economic Benefits Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk ➢ $408,000 in building permit fees and impact fees to City of Miami ➢ $185,000 annually in ad valorem taxes to City of Miami — an amount more than 9 times greater than the ad valorem taxes currently collected on the properties. ➢ Creation of dozens of jobs. ➢ Overall benefit to Miami economy of approximately 52,000,000 per year. ➢ Additional revenues to City of Miami for utility taxes, dozens of franchise fees and occupational license fees. ➢ Stimulation of additional construction investment and development activity on Coral Way. Submitted into the public record for item(s) PZ. 7. PZ.8 on 01/28/2016, City Clerk MI N— E OM M r N OM= M ■MI MI— I=— I M Submitted into the public record for item(s) PZ. 7, PZ.8 on 01/28/2016, City Clerk Community Support > 68 letters of support > 49 supporters within approximately 1/4 radius of Subject Property MIADOCS 11884052 1