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HomeMy WebLinkAbout(2635) - PZAB ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-17-054 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 2635 Final Action Date: 10/4/2017 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENTS, RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5- O", URBAN CENTER - OPEN, TO "T6-8-0", URBAN CORE — OPEN, AND FROM "T6-12-0", URBAN CORE — OPEN, TO "T6-8-O", URBAN CORE - OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2850 TIGERTAIL AVENUE AND 2765 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant has submitted an application to change the zoning classification from "T5-O", Urban Center - Open, to "T6-8-O", Urban Core - Open, and from "T6-12-0", Urban Core - Open, to "T6-8-O", Urban Core - Open, for the properties located at approximately 2850 Tigertail Avenue and 2765 South Bayshore Drive, Miami, Florida; and WHEREAS, the proposed zoning change is/is not in harmony with the established land use pattern and the adjacent and nearby districts; and WHEREAS, the proposed zoning change will increase the intensity of allowed uses and density, specifically for the portion being rezoned from "T5-O", Urban Center - Open, to "T6-8-O", Urban Core - Open; and WHEREAS, the proposed zoning change is/is not out of scale with the needs of the neighborhood and the City of Miami ("City"); and WHEREAS, the proposed zoning change will create an isolated area of "T6-8-O", Urban Core - Open, where "T5-O", Urban Center - Open, currently exists cohesively with neighboring properties to the north, east, and west; and WHEREAS, the proposed zoning change will increase the height of the buildings allowed for the portion being rezoned from "T5-O", Urban Center - Open, to "T6-8-O", Urban Core - Open; and WHEREAS, the proposed zoning change from "T6-12-0", Urban Core - Open, to "T6-8-O", Urban Core- Open, will decrease the height of the buildings allowed for the portion proposed to be rezoned accordingly; and City of Miami Page 1 of 3 File ID: 2635 (Revision: A) Printed On: 1016/2017 WHEREAS, the proposed zoning change requested will decrease the intensity of allowed uses and density, specifically for the portion being rezoned from "T6-12-0", Urban Core - Open, to "T6-8-O", Urban Core - Open; and WHEREAS, the proposed zoning change wilt increase population and introduce congestion to the immediate neighborhood and community by allowing 150 dwelling units per acre where 65 dwelling units per acre is currently allowed; and WHEREAS, the proposed zoning change will/will not maintain the same or similar population density pattern and thereby does/does not increase or overtax the load on public facilities such as schools, utilities, and streets; and WHEREAS, the proposed zoning change and development is not in keeping with the goals, objectives, and policies of the City's Comprehensive Neighborhood Plan; and WHEREAS, the applicant has voluntarily proffered two (2) restrictive covenants ("Covenant") for these parcels, attached as Exhibit "B," that offer restrictions and covenants pursuant to Article 4, Table 3 of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, in the Covenant for the site at 2765 South Bayshore Drive, the applicant proposes to restrict the use of the parcel to a Plaza use and design in accordance with the Miami 21 Code; and WHEREAS, in the Covenant for the site at 2850 Tigertail Avenue, the applicant proposes to restrict the maximum height for new construction on the site to 123-feet; and WHEREAS, although the applicant has proffered the Covenant to reduce the impact of certain uses, the Planning Department continues to recommend against the proposed zoning changes; and WHEREAS, the Planning, Zoning and Appeals Board, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend that this this proposed zoning change as hereinafter set forth be approved; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: 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 Zoning Atlas of Ordinance No. 13114, as amended, should be further amended by changing the zoning classification from "T5-0", Urban Center - Open to "T6-8-0", Urban Core - Open, and from "T6-12-0", Urban Core - Open, to "T6- 8-0", Urban Core - Open, for approximately .998 acres (43,494 square feet) of land City of Miami Page 2 of 3 File ID: 2635 (Revision: A) Printed On: 1016/2017 located at approximately 2765 South Bayshore Drive and 2850 Tigertail Avenue, Miami, Florida, as described in "Exhibit A". Section 3. The Covenants as voluntarily proffered by the applicant should be accepted by the City Commission. Section 4. This Resolution shall be effective immediately upon its adoption. Francisco G ia, Director Departmen of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 1 ! Execution D to Personally appeared before me, the undersigned authority,01' 'a 2.Ctty1OK2Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed/the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THISOV) DAY OF DCkobe (, 2011. 'tlUiG 6-'kD v7..DtveZ Print Notary Name Personally know V or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath i is State of Florida My Commission Expires: SILV1A GONZALEZ f,r. • 451 MY COMMISSION # GO 051581 •;= EXPIRES: November 30,2020 ''•p °,: Bonded Thai Notary Pub)k Underwriters City of Miami Page 3 of 3 File ID: 2635 (Revision: A) Printed On: 10/6/2017 EXHIBIT "A" LEGAL DESCRIPTION: Tract D, RITZ CARLTON. according to the plat thereof, as recorded in Plat Book 154, Page 34, of the Public Records of Miami —Dade County, Florida. AND Tract "B", C.C.B. SUBDIVISION, according to the plat thereof, as recorded in Plat Book 169, Page 77, of the Public Records of Miami --Dade County, Florida. EXHIBIT B This instrument is prepared by (and after recording) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-199-0040 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 2850 Tigertail Investments, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on 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 fee simple title holder to certain property located in Miami - Dade County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to develop the Property as an Office Use and a ground floor Retail Use; and - WHEREAS, as a condition to the rezoning from T5-O and T6-12-0 to T6-8-O, the Owner proffers this covenant restricting the maximum height permitted at the Property to be one hundred twenty-three feet (123'); and 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 by Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the Property as follows: 1. The maximum height permitted at the Property shall not exceed one hundred twenty-three feet (123'). MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. 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 modified, amended, or released in compliance with this instrument prior to the expiration thereof. D. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right, upon 24 hours' notice and during normal working hours, to enter upon the Property for the purpose of investigating the use of the Property to determine whether the conditions of this Declaration are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City pursuant to Chapter 2, Article X of the City Code. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. E. Election of Remedies. 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. F. Amendment, Modification, and Release. This Declaration may be modified, amended, or released only by a written instrument executed by: (i) the then owner(s) of the Property AND (ii) the City of Miami after approval by the City Commission at a public hearing. Any modification, amendment, or release shall be of this Declaration shall be approved to content by the Zoning Administrator and the Director of Planning and Zoning and as to legal form by the City Attorney or their respective designees or successors. C. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. H. Recording. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation, [Signature Page to Follow] MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. 2850 Tigertail Investments, LLC, a Florida limited liability company STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2017 by , who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant Exhibit A The Property Tract D, RITZ CARLTON, according to the plat thereof, as recorded in Plat Book 154, Page 34, of the Public Records of Miami -Dade County, Florida. MIA 186072347v1 This instrument is prepared by (and after recording) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Folio Nos. 01-4121-199-0040 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 2850 Tigertail Investments, LLC, a Florida limited liability company ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on 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 fee simple title holder to certain property located in Miami- Dade County, Florida, more particularly described on Exhibit "A" (the "Property") attached hereto and incorporated herein; and WHEREAS, Owner intends to develop the Property as an Office Use and a ground floor Retail Use; and WHEREAS, as a condition to the rezoning from T5-O and T6-12-0 to T6-8-O, the Owner proffers this covenant restricting the maximum height permitted at the Property to be one hundred twenty-three feet (123'); and 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 by Owner, hereby agree as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the Property as follows: 1. The maximum height permitted at the Property shall not exceed one hundred twenty-three feet (123'). MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is released. These restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. 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 modified, amended, or released in compliance with this instrument prior to the expiration thereof. D. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right, upon 24 hours' notice and during normal working hours, to enter upon the Property for the purpose of investigating the use of the Property to determine whether the conditions of this Declaration are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City pursuant to Chapter 2, Article X of the City Code. Enforcement shall be by action against any parties or person violating, or attempting to violate any covenant contained herein. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. E. Election of Remedies. Ali 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. F. Amendment, Modification, and Release. This Declaration may be modified, amended, or released only by a written instrument executed by: (i) the then owner(s) of the Property AND (ii) the City of Miami after approval by the City Commission at a public hearing. Any modification, amendment, or release shall be of this Declaration shall be approved to content by the Zoning Administrator and the Director of Planning and Zoning and as to legal form by the City Attorney or their respective designees or successors. G. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. H. Recording. This Declaration shall be recorded in the Public Records of Miami - Dade County at the Owners' expense. The City of Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a copy within thirty (30) days of recordation. [Signature Page to Follow] MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant Signed, witnessed, executed and acknowledged this day of , 2017. 2850 Tigertaii Investments, LLC, a Florida limited liability company STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2017 by , who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department Devin Cejas, Zoning Administrator Planning and Zoning Department MIA 186072347v1 2850 Tigertail Avenue Restrictive Covenant Exhibit A The Property Tract D, RITZ CARLTON, according to the plat thereof, as recorded in Plat Book 154, Page 34, of the Public Records of Miami -Dade County, Florida. MIA 186072347v1