HomeMy WebLinkAbout(1851) - PZAB Resolution,fl
City of Miami
PZAB Resolution
Enactment Number: PZAB-R-17-079
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 1851 Final Action Date: 10/18/2017
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 "T3-
R", SUB -URBAN TRANSECT ZONE -RESTRICTED, WITHIN THE "NCD-3",
COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, TO "T3-O",
SUB -URBAN TRANSECT ZONE -OPEN, WITHIN THE "NCD-3", COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT, OF THE PROPERTIES LOCATED
AT APPROXIMATELY 2900 SOUTH MIAMI AVENUE AND 2890, 2900, 2920, 2940,
AND 2960 SOUTH FEDERAL HIGHWAY, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 2900 South Miami Avenue and
2890, 2900, 2920, 2940, and 2960 South Federal Highway, Miami, Florida, as more particularly
described in Exhibit "A" ("Properties"), are currently zoned "T3-R", Sub -Urban Transect Zone -
Restricted, and located with the "NCD-3", Coconut Grove Neighborhood Conservation District;
and
WHEREAS, Southern Investment Group Corp. ("Applicant") has submitted a request to
change the zoning classification of the Properties to "T3-O", Sub -Urban Transect Zone -Open,
within the "NCD-3", Coconut Grove Neighborhood Conservation District; and
WHEREAS, the proposed zoning change is appropriate in light of the intent of Ordinance
No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code")
and particularly in relation to the effects on adjoining properties; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all
other City of Miami ("City") regulations; and
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants, attached hereto and incorporated herein as an Exhibit "B", which limits the
development as summarized below:
A. Site Plan. Contingent upon approval through the City permitting process, the use
of the Properties shall be established and maintained in substantial conformity
with that certain site plan entitled, "South Federal Hwy. Parcel," as prepared by
Borges Architects + Associates dated July 20, 2017 ("Site Plan") and the total
number of residential units shall not exceed seventeen (17).
City of Miami Page 1 of 3 File ID: 1851 (Revision: 8) Printed On: 11/28/2017
Permitted Uses. The uses on the Properties shall be limited to residential uses.
C. Residential Density. The maximum number of dwelling units permitted on the
Properties shall be seventeen (17) units.
D. Single Family Residence. Notwithstanding the rezoning of the Property to "T3-
0", Sub -Urban Transect Zone -Open, located within the "NCD-3", Coconut Grove
Neighborhood Conservation District, the development of the Properties shall
include a minimum 5,000 square foot lot at the intersection of US-1 and
Southwest 30th Road (comprising of a portion of the Lot identified by Folio No.:
01-4139-001-17404140-007-0010) which in no event shall said Lot be
constructed with any non -single family structure.
E. Setbacks. The residential units that abut the rear yard of the existing single
family structure located on Lot 13 according to the plat recorded in Plat Book 42,
Page 73, of the Public Records of Miami -Dade County, Florida (identified by
Folio No. 01-4139-003-0030) shall be constructed with a minimum rear setback
of 25 feet as reflected in the Site Plan.
F Access. The Properties shall be served by rear vehicular access. Vehicular
access along Southwest 30th Road shall be limited to ingress only. Ingress and
egress along South Miami Avenue shall be limited to right -turn -in and right -turn-
out only. In no event shall a curb cut or access be permitted along the US-1
frontage within 200 feet of Southwest 30th Road.
G. Landscape Buffers. The Applicant agrees to provide an opaque landscape buffer
along the rear (South) property line consisting of a twelve (12) foot high hedge
along the southern boundary of the Property consistent with the requirements of
the Miami 21 Code. Additionally, the Applicant shall install an aluminum post
fence along the southern boundary of the Properties at a height compliant with
the requirements of the Miami 21 Code.
H. Architectural Style. The architecture of the proposed residential units at the
Properties will include warm facade materials such as hard woods, stone
veneers, and specialty metals of quality. The overall building envelope will be
finished with smooth stucco and a palette of at least four (4) colors; and
WHEREAS, the PZAB has considered the need and justification for the proposed
change including changing and changed conditions that make the passage of the proposed
change necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provides transitions in intensity and building height;
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 PZAB recommends that the City Commission amend the Zoning Atlas of
Ordinance No. 13114, as amended, by changing the zoning classification from "T3-R", Sub -
City of Miami Page 2 of 3 File ID: 1851 (Revision: 8) Printed On: 11/28/2017
Urban Transect Zone -Restricted, within the "NCD-3", Coconut Grove Neighborhood
Conservation District, to "T3-O", Sub -Urban Transect Zone -Open, within the "NCD-3", Coconut
Grove Neighborhood Conservation District, for the Properties.
Section 3. The PZAB further recommends that the City Commission accept the
voluntarily proffered covenant, attached and incorporated hereby as an Exhibit "B",.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
Francisco Garcia, Director Execution Date
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, Clerk 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 THIS DAY OF 201 .
Print Notary Name Notary Public State of Florida
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
My Commission Expires:
City of Miami Page 3 of 3 File ID: 1851 (Revision: B) Printed On: 11/28/2017
EXHIBIT "A"
LEGAL DESCRIPTION TO REZONING AND COMPREHENSIVE PLAN
AMENDMENT
PROPERTY ADDRESS #1:
2960 S,UTH FEDERAL HIGHWAY. MIA�AI, FL 333,29-3732
LEGAL DESCRIPTION:
LOT I, OF E%<<M.AT _U601t1c'ON, 10 THE PLAT THEREOF, AS
RECORDE0 IN PLAT BOOK 59, PAGE 87, OF THE PUBLC RE'CORDO 0^
MIAMI-DADE 0OUNTY, FLJRIE%A
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL 311120-3732
LEGAL DESCRIPTION:
Lii ? ()F _4y 4. 5L!KTVISI011, AGCCRUT" 0 I0 THE FLAT T'HERECF, ,AS
15 3R!L. IN PLAT 6C K 69, PAGE THE PJILU;I . _'CTLRDS 0!
1l:41,!-0A0E ,:I1.4':T�, FLORIDA
PROPERTY ADDRESS #3:
222D SOUTH FEDERAL HIGHWAY, MJIAMI, FL 33129-3732
LEGAL DESCRIPTION:
!?)1 3, tl:+;l4- SUL1DIGI5_eON, A':;CO43:113 IC IHE PLAT 79545'OF,
RECOF,ID_0 1< FLAT ROOK 69, PAGE OE THE 79:1<. G :.EC^
If:Ak'i-DAD_ ;.:+OLI
�.,,Tr. ELCR;"±A
PROPERTY ADDRESS #4:
9G0 SOUT!1 FEDERAL HIGHWAY, bi(0.11, FL, 33129-3732
AS
0:
LEGAL DESCRIPTION:
LOT 4, OF EKMAT SUBDIVISION, AO00401 J9 TO THE PLA I THEREOF, A5
RECORDED !N PLAT BOOK 69, PAGE 87, OF THE PUBLIO RECORDS OF
AMIAMI-DADE COUNTY, FLOR:DA,:
PROPERTY ADDRESS #5:
23 12 SOUR F111344_ 1110116)413 1214911, FL 33129_3732
43UO;101-4139-0O3-0070
LEGAL DESCRIPTION;
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, ,440
THE FOLLJ'd!'NG DESCRIBED PORTION OF LOT 22, TO 'MT' FCR A PINT OF
BEGINNING, C041A'ENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE
R'J4 II_STERLY .410` G T<IE NORTHERLY LINE CF SAID LOT 22 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY OTTE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY TINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SO',.UTHERLY LINE i1F SAID
LOT 22 TO THE SOUTHEASTERLY CORNER CF SAID LOT 22 TO THE POINT OF
PEG 4)131 G, 0111 RESORT -VAS -ON OF BLOCKS 61 AP;'., 022 OF FLADL=h.
ACCORDING T'0 THE PLAT THEREOF AS RE13RD5) IN FLAT 6 3)9 4% RAGE
73, TIE" INL PURL13 RF'CORDS 07 l,hA4J!-�D4E'E COUNTY, FLO70A�
PROPERTY ADDRESS #6:
2900 51G IH FEDERAL HIGHWAY, MiA411, FL 33129-3732
01-4139-003-0060
LEGAL DESCRIPTION:
L0i 20, L} 00 THE N^RTHEA OTEF_, 5 T _116644F ALL .: LOT 21, AND
THE :.L'7lNa .:TCRiBi .=PG of :iJ
'MT: FOR A 'r'v.L;- O
BEGINN NG, C0MI,TEUCE A'' THE NORTHEASTERLY CORKER GF LOT 22; THENCE
'WESTERLY 4LO10 THE NORTHERLY LINE OF SAD L01 22 A DISTANCE
OF 5 FEE); THENCE RUN SOUTHERLY AND PARALLEL TO THE EASIER! Y !AC
OF SAID LOT 22 '0 THE POINT OF INTERSECTION OF THE SOUTHERLY LITE
OF LOT 22; 'HENCE RUN; EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT :22 TO THE 50:JIHE.ASTERLY CORNER 0= SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBOIV+SIONJ OF BLOCKS 51 AND 62 OF FLAGLER,
ACCORDING' TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE
73, OF THE PUBLIC RECORDS 0= MI.AMI-D.40E COUNTY, FLORIOA. PROPERTY
IS VACANT LAND, A.DJA.CENT TO VACANT LAND AND NOT HOMESTEAD
PROPERTY OF GRANTOR.
This instrument was prepared by and
After recordation return to :
Name: Jorge E. Navarro, Esq.
Address: Cirmettberg `I'ratirib
333 SB 2" Aveiro, 2`4 l loM
Miami, FL 3313 I
SUBMITTED INTO
THE PURLIC RECORD
FOR ITFiM(S) / 5i ON Lc IZI
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this lay of
October, 2017, by SOUTHEASTERN INVESTMENT GROUP CORPORATION (hereinafter
the "Owner"), a Florida limited liability company, its successors and/or assigns, in favor of the
CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter the
"CITY").
RECITALS
WHEREAS, the Owner owns the parcels of land located at 2900 S. Miami Ave and
2890, 2900, 2920, 2940 & 2960 S. Federal Highway in Miami, Florida, as more particularly
described in EX111131'T A attached hereto (the "Property"); and
WHEREAS, the Owner filed applications for a: (a) Comprehensive Plan amendment to
re -designate the Property from "Single Family Residential" to "Duplex Residential" on the
City's Future Land Use Map (FLUM); and (2) Rezoning of the Property from T3-R/NCD-3 to
the T3-O/NCD-3 Transect Zone on the City's Zoning Atlas, in order to permit the development
of a residential project on the Property (collectively the "Application"); and
WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the
development of the Property in substantial conformance with the assurances made in this
Declaration.
NOW, THEREFORE, the Owner 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,
successors and assigns as follows:
Section 1. The recitals set forth above are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The Owner hereby makes the following voluntary declarations running with
the land concerning the Property:
A. Site Plan, Contingent upon approval through the zoning and building permit
process, the use of the Property shall be established and maintained in substantial
conformity with that certain site plan entitled "South Federal Hwy, Parcel," as
prepared by Borges Architects + Associates dated July 20, 2017 (the "Site Plan")
attached hereto as EXHIBIT B, with such modifications to the Site Plan that are
determined by the City to comply with Section 7.1.3.5 of Miami 21, The Site
Plan sets forth that the total number of residential units shall not exceed the 17
residential units proposed for the Property as depicted in the Exhibits of this
Declaration. The Owner acknowledges that the future development of the
Property shall require detailed site plan approvals by the City which will
determine, among other things, the exact location, distribution, and orientation of
the residential units to be located on the Property, as well as, other requirements
for compliance with all applicable departments/agencies/overlays as part of the
City of Miami building permit submittal process including but not limited to: EP-
46 (Environmental Preservation 46) designation, Transportation Scenic Corridor
designation, Environmental Resources, Historic Preservation Section, Land Use,
Zoning, Building, Fire and Public Works. Owner will submit detailed plans
consistent with this Declaration to the City and seek approval of said plans
through the ordinary municipal procedures.
B. Permitted Uses. The uses on the Property shall be limited to residential uses.
Notwithstanding the rezoning of the Property to the T3-O Transect Zone, the
following uses shall not be permitted any commercial uses, lodging and/or
educational uses as defined in Section 1.1 and Article 4, Table 3 of the Miami 21
Zoning Code.
C. Residential Density. Notwithstanding the rezoning of the Property to the T3-O
Transect Zone, the maximum number of dwelling units permitted on the Property
shall be seventeen (17) units.
D. Single Family Residence. Notwithstanding the rezoning of the Property to T3-O,
the development of the Property shall include a minimum 5,000 square foot lot at
the intersection of US-1 and SW 30`y' Road which shall be reserved in perpetuity
for the use, design and development of a single family residence as reflected in
the Site Plan (the "Single Family Lot"), In no event shall said Single Family Lot
be constructed with any non T3-R permitted structure.
E. Setbacks. Notwithstanding anything to the contrary, the residential units that abut
the rear yard of the existing single family home located on Lot 13 according to the
plat recorded in Plat Book 42, Page 73, of the Public Records of Miami -Dade
County, Florida (identified by Folio No. 01-4139-003-0030) shall be constructed
with a minimum rear setback of 25 feet as reflected in the Site Plan,
F. Access. The two-family residences proposed for the Property shall be served by
rear vehicular access, subject to the approval of said access driveway by all
applicable government agencies and departments. Vehicular access along SW
30th Road shall be limited to a single curb cut with ingress only. Notwithstanding
the foregoing, the Property may also have curb outs to permit vehicular ingress
and egress along both the US-1 and South Miami frontages. However, the ingress
and egress along South Miami Avenue shall be limited to right -turn -in and right -
turn -out only. Additionally, in no event shall a curb cut or access be permitted
along the US-1 frontage within 200 feet of SW 30th Road.
G. Landscape Buffers. The Owner agrees to provide an opaque landscape buffer
along the rear (South) property line to further screen the residential units on the
Property from the view of the abutting residences. Specifically, Owner shall
install a 12 foot hedge along the Southern boundary of the Property pursuant to
Miami 21. Additionally, Owner shall install, at Owner's sole cost and expense, an
aluminum post fence along the southern boundary of the SIG Property at a height
pursuant to Miami 21; provided however not to exceed eight (8) feet in height.
The hedge and aluminum fence described herein shall be maintained in good
condition by the Homeowner's Association or other entity created for the
governance of the Property.
H. Architectural Style. The architecture of the proposed residential units at the
Property will include warm facade materials such as hard woods, stone veneers
and specialty metals of quality, Overall building envelope will be finished with
smooth stucco and a palette of at least 4 color options will be provided to the
future owners of the residential units at the Property to guide the coloration of
facades and limit the variations in color to a palette of whites, soft beige and other
warm tones. Mechanical equipment shall be installed on roof tops and screened.
Section 3. Effective Date. The provisions of this Declaration 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. This instrument shall
constitute a covenant running with the land and title to the Property, which shall be binding upon
Owners, their heirs, vendees, successors and assigns,
Section 4. Amendment and Modification. This Declaration may not be modified,
amended, or released as to any portion of the Property by a subsequent written instrument
executed by the then Owners of the fee -simple title to the Property to be affected by such
modification, amendment or release unless said modification, amendment or release has been
approved by the Miami City Commission with the notice and procedural requirements for
advertisements and public hearings in effect under the City Code at such time. AU costs related
to said modification, amendment or release shall be at the sole expense of the Owner. Any
modification, amendment or release shall be subject to the approval of the City Attorney as to
legal form.
Sex ion 5.
the City by action
Inspection and Enforcement. An enforcement action may be brought by
in 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. The prevailing party in the action or suit shall
be entitled to recover costs and reasonable attorney's fees. The preceding section shall not apply
in any action or suit against the City of Miami. This enforcement provision shall be in addition
to any other remedies available under the law.
Section 6. Permitting. Within ten (10) months of Owner obtaining final approval of
the Application and the expiration of all applicable appeal periods, SIG shall submit applications
to the City of Miami for any Waivers, Warrants, or Historic Environmental Preservation Section
approvals necessary for development of the Property in accordance with this Declaration (the
"Initial Development Approvals"). Within six (6) months of obtaining final approval of the
Initial Development Approvals and the expiration of all applicable appeal periods, SIG shall
submit an application for building permit with the City of Miami for development of the
Property in accordance with this Declaration. Furthermore, upon issuance of the building permits
for the development of the Property, the Owner shall diligently pursue the work to completion.
Additionally, SIG shall use commercially reasonable efforts to pursue the Initial Development
Approvals and building permits for the Property. If such applications for Initial Development
Approvals and building permits are not submitted within the time periods provided in this
Section, then the Owner agrees that the City shall revert the FLUM to "Single Family
Residential" and rezone the Property to the T3-R/NCD-3 Transect Zone on the City's Zoning
Atlas,
Section 7. Force Majeure. Should Owner be prevented from performing any
obligations herein (including complying with ten (10) and six (6) months periods described in
Section6 herein) due to or resulting from a "Force Majeure" as defined in this Section, Owner
shall be excused from performance (including complying with ten (10) and six (6) months
periods described in Section 6 herein) for a period equal to the period of the delay occasioned by
any Force Majeure. As used herein, "Force Majeure" shall mean an act of God which includes
but is not limited to sudden, unexpected or extraordinary forces of nature such as floods,
washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other
forces of nature, strikes, lockouts, other industrial disturbances, wars, acts of public enemies,
riots, military action, civil manufacturing and delivery delays and other causes reasonably
beyond the control of the Owner, whether or not specifically enumerated herein.
Section 8. Severability. Invalidation of any one of the covenants in this Declaration by
judgment of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full force and effect.
Section 9. Recording. This Declaration shall be recorded in the Public Records of
Miami -Dade County at the Owners' expense.
[SIGNATURE PAGES TO FOLLOW]
Witnesses:
Pri ' me
Signature
Dt'1Ofl vu4Kac
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
SOUTHEASTERN INVESTMENT
GROUP CORPORATION
By:
Name:
Title:
The foregoing instrument was acknowledged before me by (, k4c 1ftIs
President of Southeastern',vestment Group Corporation, a Florida
corporation. He is 0personally known to me or €� � has produced ic(k' O,0-i'S (AUX. as
identification.
Witness my signature and official seal thisl`day of OCrib1017, in the County and
State aforesaid.
My Commission Expires:
JANET ROSILLO
Notary Public — State or Fiorlda
Commission k GG 109252
My Comm. Expires fun 6, 2021
Notary Public State of ftfty44
Print Name
MO