HomeMy WebLinkAbout(2698) - PZAB ResolutionCity of Miami
PZABResolution
Enactment Number: PZAB-R-17-081
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2698
Final Action Date: 11/1/2017
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENTS, RECOMMENDING DENIAL 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-
L", SUB -URBAN - LIMITED, TO "T4-R", GENERAL URBAN — RESTRICTED, FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 1515, 1529, AND 1543
NORTHWEST SOUTH RIVER 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 "T3-L", Sub -Urban — Limited, to "T4-R", General Urban — Restricted,
for the properties located at approximately 1515, 1529, and 1543 Northwest South River
Drive, Miami, Florida; and
WHEREAS, the proposed zoning change 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 of the subject properties, which will be inconsistent with the current
neighborhood context; and
WHEREAS, the proposed zoning change is 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 "T4-R",
General Urban — Restricted, where 'T3-L", Sub -Urban — Limited, currently exists
cohesively with neighboring properties to the south, east, and west; and
WHEREAS, the proposed zoning change will increase the height of the buildings
allowed for the subject properties that will be inconsistent within the current
neighborhood context; and
WHEREAS, the proposed zoning change will increase population and introduce
congestion to the immediate neighborhood and community by allowing thirty-six (36)
dwelling units per acre where nine (9) dwelling units per acre is currently allowed; and
City of Miami Page 1 of 3 File ID: 2698 (Revision: 8) Printed On: 1111412017
WHEREAS, the proposed zoning change will not maintain the same or similar
population density pattern and thereby does increase and overtax the load on public
facilities such as schools, utilities, and streets; and
WHEREAS, the proposed zoning change and potential 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 a restrictive covenant
("Covenant") for these parcels, attached and incorporated as Exhibit "B," that offers
restrictions and covenants as identified in Article 4, Table 3 of Ordinance No. 13114, as
amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, the Covenant proposes to provide a waterfront walkway with public
access from 6:00 a.m. until 10:00 p.m.; and
WHEREAS, the waterfront walkway will be designed in accordance with Article 3,
Section 3.11 and Appendix B of the Miami 21 Code; and
WHEREAS, although the proffered Covenant provides a waterfront walkway to
serve the public by providing public access, the proposed change of zoning from "T3-L",
Sub -Urban - Limited, to "T4-R", General Urban - Restricted, remains incompatible with
the harmonious transect pattern of the area and does not protect the established low
density single family residential neighborhood; and
WHEREAS, the Planning Department continues to recommend against the
proposed zoning change even after consideration of the Covenant; 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 denied;
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 not
be further amended by changing the zoning classification from "T3-L", Sub -Urban —
Limited, to "T4-R", General Urban — Restricted, for approximately 1.77 acres (77,101
square feet) of land located at approximately 1515, 1529, and 1543 Northwest South
River Drive, Miami, Florida, as more particularly described in "Exhibit A".
Section 3. This Resolution shall be effective immediately upon its adoption.
City of Miami Page 2 of 3 File ID: 2698 (Revision: B) Printed On: 11/14/2017
/ Fran/isco'arcia, Director
"1 Departm.ent of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
q IExecutio ate
Personally appeared before me, the undersigned authority,O\G Ci c CirtQtr'Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executedTe foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS tL DAY OF NC) ,* 'C 201
St lV k A GD r'1Zara CZ
Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
lic State of Florida
My Commission Expires:
"'•"' 1'•SILVIAGONZALEZ
. MY COMMISSION # GG 051561
•
1p1 ;k. EXPIRES: November 30, 2020
Beaded Thw Notary Public Underwriter
City of Miami Page 3 of 3 File ID: 2698 (Revision: B) Printed On: 11/14/2017
EXHIBIT A
Legal Description
LEGAL DESCRIPTION:
Lots 4, 5, 6, 7, cra 8, Block 1, GRCVE. PARK, according to the Hat thereof, (21 ,Vcorded in Plot Book 5,
Page 66. of the Public Records of tiikami-Dode County, Florida.
LESS AND EXCEPT
A portion of Lot 4, Stack 1, GROVE PARK. according to the Plot thereof, as recorded in Plat Rook 5, Page
66, of the Pub11c Records of Miami -Ode County, Florida, being more portItularly described os follows:
Begin at the Southeast corner of said Lot 4, Block 1, also being c point along the North right -of - way Sine
of NAV.. South River Drive; thence NO0'00.00-W along the East line of said Lot 4, Block 1 for 112.49 feet;
thence N71' t l'57"W for 0 35 foot to o tire being 0,33 foot- West of and oarotlet to said East toe of Lot 4,
Block 1; thence 50000'00E olvag soid paro11e1 line for 112.50 feet to said Neoth ri9ht -of wcy line of t&W,
South River Drive, aiso being the 3ciutn line of said Lot 4, Block 1; thence 1;7.3'423'49T along sold North
right -of -way tire for 0.35 foot to the Point of Beginn;rig
EXHIBIT B
This instrument was prepared by
and after recordation return to:
Ben Fernandez, Esq.
Bercow Radell Fernandez & Larkin, PLLC
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenants (the "Declaration") made this day of
, 2017, by 1515 Miami River, LLC (hereinafter referred to as the
"Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality Located within the
State of Florida (hereinafter referred to as the "City").
WHEREAS, the undersigned Owner holds fee simple title to certain real property
located at 1515, 1529, 1543 NW South River Drive in Miami, Florida, which are identified
by Miami -Dade Tax Folio Nos. 01-3135-016-0040, 01-3135-016-0060, 01-3135-016-0070
and legally described as follows:
LEGAL DESCRIPTION:
Lots 4, 5, 6, 7, and i , Bleck 1, GROVE PARK, occording
Page 66. of the Public Records of Miami —bode County, F
LESS AND EXCEPT:
Plat thereof, es recorded :n Piot Book 5,
A portion of Lot 4, Block 1, GROVE PARK, according to the Plat thereof, os recorded in Piot Book 5, Page
86, cf the Public Records of Miami —Dade County, Florida, being more particularly described os follow+s:
Begin at the Southeast comer of said Lot 4, Block 1, also being a point along the North right--of--way tine
of N.W. South River Drive, thence N00•00.DO' W along the East line of said Lot 4, block 1 for 112.49 feet;
thence N71'11'37"'N for 0.35 foot to o tine being 0.33 loot West of and posit& to sold Last line of Lot 4,
Bieck 1; thence So0'00'00 E along sold pureltei #ine kir 112.50 feet to sn+d North right--of--way line of N.W.
South Rider Drive, also being the south line of said Lot 4, Block thence S7S48°49''E oinng :paid North
rght—of —way tine for 0.35 foot to the Point of Beginning,
hereinafter referred to as the "Property."
Declaration of Restrictive Covenant
Page 2 of 6
WITNESSETH
WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
WHEREAS, the Owner is desirous of making a voluntary binding commitment to
assure that the Property shall be developed in accordance with the provisions of the
Declaration herein; and
NOW THEREFORE, the Owner, for valuable consideration, the receipt and
adequacy of which are hereby acknowledged, 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, grantees, successors, and assigns as follows:
Section 1. 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.
Section 2. The Owner hereby makes the following voluntary declarations running
with the land concerning the use of the Property:
1 The owner shall allow waterfront access to the public from 6:00 AM to 10:00
PM along a river walk to be developed as part of a multi -family residential
project on the Property.
2 The proffered river walk will be designed in accordance to Article 3, Section
3.11 and Appendix B of the Miami 21 Code.
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
Section -Township -Range: 35, 53, 41
Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135-
0016-0070
Declaration of Restrictive Covenant
Page 3of6
that shall be binding upon Owner, its heirs, grantees, successors, and assigns. These
restrictions shall be a limitation upon all present and future Owners of the Property and
shall be for the public welfare.
Section 4. Term. This voluntary covenant on the part of the Owner shall remain
in full force and effect and shall be binding upon the Owner of the Property, its successors
in interest and assigns, for an initial period of thirty (30) years from the date this instrument
is recorded in the public records and shall be automatically extended for successive
periods of ten (10) years, unless modified, amended or released prior to the expiration
thereof.
Section 5. Applicable Law & Venue; Attorney's Fees. Florida law will apply to
interpretation of this instrument. Venue in any civil actions arising under this instrument
shall be in Miami -Dade County, Florida. Each Party shall bear their own attorney's fees
and costs.
Section 6. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument executed
by the then Owner(s) of the fee -simple title to the land to be affected by such modification,
amendment or release, providing that same has been approved by the City of Miami
Planning, Zoning and Appeals Board or City Commission after a public hearing which
public hearing shall be applied for at the sole cost and expense of the Owner. Upon
approval of such modification amendment or release as specified herein, the Director of
the City of Miami's Planning Department or his successor shall execute a written
instrument in recordable form effectuating and acknowledging such modification,
amendment or release. Such instruments shall be in a form acceptable to the City
Attorney.
Section 7. Inspection and Enforcement. It is understood and agreed that any
official inspector of the City of Miami may have the right at any time during normal working
Section -Township -Range: 35, 53, 41
Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135-
0016-0070
Declaration of Restrictive Covenant
Page 4 of 6
hours of the City of Miami's inspector to enter upon the Property for the purpose of
investigating the use of the Property and to determine whether the conditions of this
Declaration and the requirements of the City's building and zoning regulations are being
complied with. After notice and an opportunity to cure, an enforcement action may be
brought by the City by action 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. This enforcement
provision shall be in addition to any other remedies available under the law. Each party
shall bear their own attorney's fees and costs.
Section 8. Severability. Invalidation of any one of these covenants 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 filed of record among the Public
Records of Miami -Dade County, Florida, by the Owner and at the cost of the Owner, within
fifteen (15) days of execution and acceptance by the City of Miami. The Owner shall
promptly furnish the City of Miami Planning and Zoning Director with a recorded copy of
this Declaration within thirty (30) days of recordation of same.
[Signature Pages to Follow]
Section -Township -Range: 35, 53, 41
Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135-
0016-0070
Declaration of Restrictive Covenant
Page 5 of 6
ACKNOWLEDGMENT
CORPORATION
Signed, witnessed, executed and acknowledged on this day of
2017.
WITNESSES:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
OWNER:
By: 1515 Miami River, LLC,
a Florida Limited Liability Company
By: 1515 Miami River Holdings, LLC,
a Florida Limited Liability Company,
as Manager of 1515 Miami River, LLC
By: Antonio P. Pardo,
as Manager of 1515 Miami River
Holdings, LLC,
Address: 2020 Ponce de Leon
Blvd., Suite 1103, Coral
Gables, FL 33134
The foregoing instrument was acknowledged before me by Antonio P. Pardo, the Manger
of 1515 Miarni River Holdings, LLC, as Manager of 1515 Miami River, LLC, on behalf of
the limited liability company. He is ❑ personally known to me or ❑ has produced
, as identification.
Witness my signature and official seal this day of 2017,
in the County and State aforesaid.
My Commission Expires:
Section -Township -Range: 35, 53, 41
Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135-
0016-0070
Notary Public State of Florida
Print Name
Declaration of Restrictive Covenant
Page 6 of 6
Approved as to Planning and Zoning:
Francisco Garcia, Director
Planning and Zoning Department
Approved as to Legal Form:
Victoria Mendez
City Attorney
Section -Township -Range: 35, 53, 41
Folio Nos.: 01-3135-016-0040, 01-3135-016-0060, 01-3135-
0016-0070