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IrCIP
City of Miami
Planning and Zoning Department
Division of Land Development
App1icant(s):
Location:
Folio Numbers:
Commission District:
Net District Office:
ANALYSIS FOR
REZONING
PZAB File ID No. 2698
15/5 Miami River, LLC
Approximately 1515, 1529, and 1543 NW South River Drive
01-3135-016-0040, 0060. and 0070
District 1 — Commissioner VVifredo Gort
Little Havana NET
Planner: Derrick Cook
A. GENERAL INFORMATION:
REQUEST: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the applicant
requests a change of zoning of 1515, 1529: and 1543 NW South River Drive, The site located west
of NW 16 Avenue bouts Miami River on the north and NW South River Drive to the south. The
proposed change of zoning is from T3-L "Sub -Urban Transect Zone — Limited' to T4-R General Urban
Transect Zone Restricted" as a successional Transect Zone along NW 7 Avenue, The complete legal
description is on file with the Hearing Boards Section.
Table 1. Request
Folio No.
1 0131350160040
2
3
0131350160060
0131350160070
Address
1515 NW South
River Dr.
Lot Size
(Sq.Ft.)*
45,723
Zonin
Current
T3-L "SUB -URBAN
TRANSI7CT ZONE -
RESTRICTED"
1529 NW South 15,602
River Dr.
1543 NW River 15.776
South Dr.
Classification
Pro'osed
T4-R "GENERAL
URBAN TRANSECT
ZONE —
IR ES TRICTED"
T3-L "SUB -URBAN
TRANSECT ZONE-
RLs rRICTED':
T4-R :'GENERAL
URBAN TRANSECT
ZONE —
RESTRICTED'
13. BACKGROUND!
The subject zoning change consists of a site (composed of three parcels) of approximately 1.77 acres
(77:101 square feet) within the Little Havana NET area. The three parcels abut NW South River Drive
and the Miami River. Each parcel contains an existing structure constructed in 1938, 1975, and 1954 that
are one-story, one-story and two-story respectively.
The immediate context of the neighborhood to the west, south, and east of the subject site is indicative
of the current zoning designations of T3-L and T3-R `Sub -Urban Transect Zone' with area primarily
comprising single family residences. The properties immediately to the north across the Miami River are
the River Landing Special Area Plan zoned Tots,
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
The requested change of zoning of T4-R is inconsistent with the current Miami Comprehensive
Neighborhood Plan (M NP) designation of "Single Family Residential for the properties. Therefore a
companion application to amend the future land use was submitted to change to `:Low Density Multifamily
Residential", which is being processed under File ID 2697.
FUTURE LAND USE DESIGNATION
Subject Properties:
Single Family Residential 9 D.U. per acre.
NEIGHBORHOOD CHARACTERISTICS
Surrounding Properties
NORTH: Restricted Commercial 150 D.U. per acre
ZONING
Subject Properties:
T3-L "Sub -Urban" Transect Zone — Limited:
Surrounding Properties
NORTH: River Landing SAP
SOUTH: Single Family Residential 9 D.U. per acre SOUTH: T3-R "Sub -Urban -Open"
EAST: Single Family Residential 9 D.U. per acre
WEST: Single Family Residential 9 D.U. per acre
Existing Zoning Designation,
4w�
s
rrr -1r
IlQ s..
Gc,1 r..i
EAST: T3-L "Sub -Urban — Limited"
WEST: T3-L "Sub -Urban Limited"
Proposed Zoning Designation
,ro
PZAB File ID No. 2698
3age 2 of 5
In regards to the uses allowed for the existing and proposed Transect Zones, the chart below, which
represents an excerpt of Article 4, Table 3 of the Miami 21 Code, denotes the additional uses allowed
with the proposed change of zoning to T4-R.
Excerpt of Article 4, table 3 of Miami 21 Code
RESTRICTED
MULTIFAMILY HOUSING
BED & BREAKFAST
T3-L
T4-R
MARINA
CHILDCARE
R
ANALYSIS:
Following the above referenced :IRackground", this proposal for rezoning is taking in consideration criteria
set forth in Article 7, Section 7.1.2.8 (a)(5) & ((2) of Miami 21:
Criteria 1
Analysis of
Criteria 1
Finding 1
Sec. 7.1.2.8 (f)(2) For rezoning: A change may be made only to the next
intensity Transect Zone or by a Special Area Plan: and in a manner which
maintains the goals of the Miami 21 Code to preserve Neighborhoods and to
provide transitions in intensity and building heights.
The subject site is within an existing T3-L zone with FLUM designation of Single
Family Residential with a maximum density of g D.U. per acre_ The proposed
rezoning to T4-R is not compatible within the existing neighborhood context of
intensity and density. The maximum allowed height within the T3 Transect Zone
25-feet. The T4-R allows a maximum height 40-feet. Furthermore, the increase
in density from 9 D.U. per acre to 36 D.U. per acre would allow for incompatible
intensity and uses formulate within a single family oriented environment.
The request to rezone from T3-L to T-4R is transitional; however, the potential
increase in density and intensity does not fit the neighborhood context. In this
case, one side of the site abuts a right-of-way and the T3-R (single family) to
the east.
The area consists of single family dwellings with zoning of T3-R and T3-L. The
maximum allowed height within the T3 Transect Zone is two -stories and 25-
feet to the eave and maximum Lot coverage of 50-percent on the first floor
and 30-percent for the second floor.
The proposed T4-R allows a maximum height of three -stories and 40-feet to
the eave with a maximum Lot coverage of 60-percent. The proposed new
zoning will create a landmass without similar zoning in the neighborhood
context.
The request to rezone to T4-R is inconsistent with the existing context of
the neighborhood and the goals and objectives of Miami 21 Code.
PZAB File ID No. 269EI
Pace 3 of 5
Criteria 2
Additional
Analysis of
Criteria 2
For rezoning: A change may be made in a manner which maintains the goals
of the Miami 21 Code to preserve Neighborhoods and to provide proper
transitions in intensity and scale_
The requested rezone from T3-L to T4-R allows uses such as Bed and
Breakfast by Warrant Permit, which is approved administratively, and Childcare
and Marina, by Exception. The Exception process requires a public hearing
before the Planning, Zoning and Appeals Board (PZAB) and is appealable to
City Commission_
As proposed, rezoning from T3-L to T4-R, although transitional, it is not
compatible with the immediate neighborhood context.
Finding 2 The request will create an intrusion of Uses that would not be consistent with
the goals and objectives of the Miami 21 Code.
The requested rezoning is not compatible, in this case, with the intent of
Miami 21 Zoning Code.
The proposed rezone does not provide a benefit to neighborhood as it creates zoning unlike the existing
Transact Zones within the surrounding properties in the area.
Existing Zoning within the Neighborhood Context
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PZAB File ID No: 2698
Page 4 of 5
CONCLUSION
The applicant seeks to rezone the waterfront site (1515, 1529, and 1543 NW South River Dr_} from T3-L
to T4-R. Article 3, Section 3.11, of the Miami 21 Code contains standards for all waterfront properties
except for the T3, T4-R, D1: D2, and D3 Transect Zones (unless a new Commercial retail, Office, or
Restaurant Use is developed). The T4-R Transect Zone does not allow Commercial retail, Office, or
Restaurant uses. Therefore, the request to rezone to T4-R Transect does not require a waterfront
walkway as per Article 3, Section 3.11 _b.1 of the Miami 21 Code.
The applicant has voluntarily proffered a restrictive covenant to provide a waterfront walkway with public
access from 6 a.m. until 10 p.m. for any new development on the site. The waterfront walkway will be
designed in accordance to the Miami 21 Code Waterfront Standards of Article 3, Section 3.11 and
Appendix B.
The voluntarily proffered waterfront walkway would benefit the public by providing access to the
waterfront. However, it is at the cost of a proposed change of zoning from T3-L "Sub -Urban -Limited"
to T4-R "General Urban — Restricted' which is not compatible for the predominately T3 (single family)
developed immediate neighborhood_ As proposed, the request does not provide gradual transitions to
the established low density single family residential character of the neighborhood. Furthermore, the
proposal introduces a T4-R site in a T3- zoned area that has no other T4 zoned properties in the vicinity_
RECOMMENDATION:
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 as amended on the aforementioned findings.
the Department of Planning recommends Denial of the rezoning of 1515, 1529, and 1543 NW South
River Drive from T3-L to T4-R as presented with restricted covenant.
Attachment: RestrctNe Covonary
Jacq -1rneF Ili
Chief of L d development
PZAB File ID No. 2698
Page 5 of 5
This instrument was prepared by
and after recordation return to:
Bran Farnandea, Esq.
J3orcow Radel2 Fernandez & Larkin, PLLC
200 S. Biscayne Bnu!asrard, 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 violin the
State of Florida (hereinafter referred to as the 'City")
WHEREAS, the undersigned Owner holds fee simple title to certain real property
located at 11515, 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:
Leta 4, 5, , 7, and 8, Block 1, GROVE PARK, according to Use Past um!cof, a:; reeardti it, Pto1 Frio
'age 66, of the Pubk Records or Midra7:—Dade County. Florida.
LESS AND. EXCEPT;
portion of Lot A, Baoek S, GROVE PARK, according to the Plat thereof, as recorded in Plat Book fir, Page
66, of the Public Records of Miami —Dude Csa:anty. Florida. taming more po ticuiar1y described 06 follows!
Begin o: the Southeast carrier of said Lot 4, E lock 1, CARO bra&rsg a point Tang the North right Erne
of N,W. South River Drive; thence NQO'00'00'W along the last Tine of said List 4, Brock 1 for 112.49 Feet;
thence 1471.11'37"W Fur 0,35 foot to o tine tieing 0.33 foot West of and porcine' to KILO knst line of List 1,
Hl ick. 1; fhcrtc.re S0G'003'00"E Liking suhJ parallel line for 112_5t feet to noid North right --or—%troy !Foe of
South River Drive, also being the south Iih4 of 5tiid Lot Ai, Monk 1; thence 73`48`49-E along sold North
right• -of --wily I is tor 0,35 loot to the Poirt 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.
forthe 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-Townshi p-Range : 35. 53. 41
Folio Nos,: 01-3135-010-0040, 01-3135-016-0060. 01-3135-
0018-00 74
Declaration of Restrictive Covenant
Page 3 of 6
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. Tenn. 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 MMliarrii-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 far 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 anytime during normal working
5 eution-Township-Flange: 35. 53. 41
Folio NOS.; 01-3135-415-0040, 01-3135-016-0060, 31-3135-
(1016-00 70
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 taw 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 (1 ) 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]
Sect on -Towns hip -Range: 35. 53, 41
Flo Nos.: 01-313—01f-0040, 01-313-016-O06O, 01.3135-
0016-0070
Declaration of Restrictive Covenant
Page 5of6
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 Miami River Holdings, LLC, as Manager of 1515 Miami River, LLC, on behalf of
the limited liability company- He is ❑ personally known to me or IJ has produced
as identification.
Witnessmy signature and official seal this _ day of 2017,
in the County and State aforesaid.
MyCommission Expires:
Section -Township -Range: 35, 53, 41
Folio N05.; €➢1-3135-016-004D, 01-3135-)16-036D. 01-3135-
0010-0070
Notary Public State of Florida
Print Name
Declaration of Restrictive Covenant
Page 6of6
Approved as to Planning and Zoning:
Francisco Garcia, Director
Planning and Zoning Department
Approved as to Legal Forrn:
Victoria M ndez
City Attorney
Section -Township -Range: 35, 53, 41
Folic) Ryas,; 01-3135-010-U040, 01-:1135-1316- m im, 01-3135-
4D16-0[]70
AERIAL
FILE ID: 2698
REZONE
ADDRESSES: 1515, 1529, 1543 NW S RIVER DR
0 170 340
1 i I
680 Feet
W
_•
C
•
MIAMI 21 (EXISTING)
FILE ID: 2698
REZONE
•
m
SR 836 ON RAMP W
SR 836 OFF RAMP E
N
0 170 340
•
W
• Q•T3-L
z '
NW 9TH ST
W
1—
ss,g33
co , co 0
T6-24AO
Miami River//
• Greenway Regulatory
Design Standards
680 Feet
T6 12-0
T6=8-O
T68=L
T3-R •
ADDRESSES: 1515, 1529, & 1543 NW S RIVER DR
MIAMI 21 (PROPOSED)
FILE ID: 2698
REZONE
SR 836 OFF RAMP E
NW 9TH ST
N
0 170 340
T6-24A O
Miami River��
Greenway Regulatory
Design Standards
680 Feet
ADDRESSES: 1515, 1529, & 1543 NW S RIVER DR