HomeMy WebLinkAbout(2709) - PZAB ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-17-093
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2709 Final Action Date: 12/6/2017
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-
L", URBAN CENTER TRANSECT-LIMITED, TO "T6-8-O", URBAN CORE
TRANSECT-OPEN FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3616
AND 3620 NORTHWEST 20 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 3616 Northwest 20 Avenue is split
zoned located in a "T6-8-0", Urban Core Transect-Open, on the south and "T5-L", Urban Center
Transect-Limited, on the north; and
WHEREAS, the property located at approximately 3620 Northwest 20 Avenue is zoned
"T5-L", Urban Center Transect-Limited; and
WHEREAS, the 20th Avenue Partners, LLC ("Applicant") has submitted a request to
change the zoning classification of the properties from the current assigned zoning
classifications to "T6-8-0", Urban Core Transect-Open; and
WHEREAS, the Planning Department deemed inappropriate the proposed zoning
change at 3620 Northwest 20 Avenue from "T5-L", Urban Center Transect-Limited, to "T6-8-0",
Urban Core Transect-Open, 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 to the west and north; and
WHEREAS, the Planning Department believes it is appropriate and advisable to
unify the zoning classification of "T6-8-0", Urban Core Transect-Open, for the property located
at 3616 Northwest 20 Avenue; and
WHEREAS, the Planning Department supports the extension of the "T6-8-0", Urban
Core Transect-Open, from the southern to the northern portion of the site (3616 Northwest 20
Avenue) to unify the zoning classification to "T6-8-0", Urban Core Transect-Open; 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 regulations; and
City of Miami Page 1 of 3 File ID: 2709 (Revision: A) Printed On: 12/14/2017
WHEREAS, the PZAB has considered the Declaration of Restrictive Covenants,
attached and incorporated as an Exhibit "B", voluntarily proffered by the Applicant limiting the
development of the subject property as summarized below:
A. Permitted Use. The uses on the property shall be limited to the Residential uses
identified in Article 4, Table 3 of the Miami 21 Code for the more restrictive "T6-8-
R", Urban Core Transect-Restricted.
B. Residential Density. Notwithstanding the rezoning of the property from "T5-L",
Urban Center Transect-Limited, to "T6-8-O", Urban Core Transect-Open, which
designation would otherwise permit the development of up to seventy-seven (77)
Dwelling Units, the Applicant will not develop more than forty-three (43) Dwelling
Units on the property.
C. Height and Massing. The maximum height permitted for the development of the
property shall be five (5) Stories or a maximum height of seventy (70) feet above
the base flood elevation to the top of the primary roof of any building or structure
located on the property, excluding any ornamental features or architectural
projections; 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 PZAB deemed that the proposed zoning change for the properties
located at 3616 and 3620 Northwest 20 Avenue 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 approve the amendment
of the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification
from "T5-L", Urban Center Transect-Limited, to "T6-8-0", Urban Core Transect—Open, of the
properties located at approximately 3616 and 3620 Northwest 20 Avenue, as more
particularly described in "Exhibit A", attached and incorporated.
4.11
Francisco Garc: ,, Director
Department of P4laianing� �
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Section 3. This Resolution shall become effective upon adoption by the PZAB.
1
rr
1 14/ExecutionlDate
Personally appeared before me, the undersigned authority, r',a ` `)", '• `?Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that sfhe executed the foregoing Resolution.
City of Miami Page 2 of 3 File ID: 2709 (Revision: A) Printed On: 12/1412017
SWORN AND SUBSCRIBED BEFORE ME THIS 14 llAY OF V 'rYn\ '2oii
5\\\4 c\ or) ZC't1-t°Z
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
c Stale of Florida
My Commission Expires:
•v+t:."'••. SILVIAGONZALEZ
�+ MY COMMISSION # GG 051561
;5. '" . EXPIRES: November 30, 2020
•;pF fig" Bonded Thru Notary Public Underwriters
City of Miami Page 3 of 3 File ID: 2709 (Revision: A) Printed On: 12/14/2017
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel 1
The East 103 Feet of the West 337 Feet of the North 110 Feet of the South 225 Feet of the Southeast
'/ of the Southwest'/ of Section 22, Township 53 South, Range 41 East, lying and being in said
Miami -Dade, Florida.
Also Known as:
Commencing at the South Line of Section 22, Township 52 South, Range 41 East, at a Point of
234 Feet East of the Southwest Corner of the Southeast 1/4 of the Southwest '/a of the Southeast '/a
thereof, and running thence North 115 Feet fora Point of Beginning; thence North 110 Feet, thence
East 103 Feet, thence 110 Feet, thence West 103 Feet to the Point of Beginning.
Parcel Identification Number: 01-3122-000-0830
Parcel 2
Parts of the Southeast'/4 of the Southwest' of the Southeast'/ of Section 22, Township 53 South,
Range 41 East, described as follows: Commencing at a point of the South Iine of Section 22,
Township 53 South, Range 41 East, a distance of 234 feet East of the Southwest corner of SE''/
of the SW 1/4 of the SE °/a of said Section; thence running North parallel to the West boundary of
SE 1/4 of the SW 1/4 of the SE '/4 of Section 22, Township 53 South, Range 41 East, a distance of
335.10 feet for a point of beginning; thence East 101.72 feet; thence South 1I0.10 feet; thence
West 101.72; thence North 110.10 feet to the Point of Beginning lying and being in Miami -Dade
County, Florida.
Parcel Identification Number: 01-3122-000-0852
3
#52405076w1
Please this instrument after recording to:
Office of Zoning
City of Miami
444 SW 2nd Avenue
4th Floor
Miami, Florida 33130
Prepared By:
Javier E. Fernandez, Esq.
Holland & Knight LLP
701 Brickell Avenue, 33' Floor
Miami, Florida 33131
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, 20TH AVENUE PARTNERS LLC, a
Florida limited liability company (hereinafter, the "Declarant") 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 Declarant, all heirs,
grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons
claiming by, through or under it.
WHEREAS, Declarant is the owner of that certain property located at 3616 & 3670 NW 20th Avenue
in the City of Miami, Florida, (together, the "Property"), more particularly described on Exhibit "A,"
attached hereto and incorporated herein; and
WHEREAS, Declarant has submitted an application for a Future Land Use Map ("FLUM")
amendment and rezoning of a portion of the Property from its current FLUM designations of General
Commercial and Restricted Commercial and T6-8-0 and T5-L to High Density Multi -Family Residential
and T6-8-R (the "Applications"); and
WHEREAS, Declarant as an inducement to the City's approval of the Applications voluntary
proffers this Declaration and the limitations on the future development of the Property outlined herein; and
NOW, THEREFORE, IN ORDER TO ASSURE the City that the Declarant's promises in
connection with the FLUM amendment and rezoning, the Declarant, its successors and assigns, freely,
voluntarily, and without duress hereby makes the following Declaration covering and running with Property
and shall bind the Declarant, any assignee, mortgage, or buyer, and all other parties that receive title to
interest in the Property:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Development Restrictions. The Declarant hereby makes the following voluntary
declarations running with the land concerning the Property:
A. Permitted Use. The uses on the Property shall be limited to the Residential uses identified
in Art. 4, Table 3 of Miami 21 for the T6-8-R Transect Zone designation.
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B. Residential Density. Notwithstanding the rezoning of the Property from T5-L to T6-8-R
Transect Zone designation, which designation would otherwise permit the development of
up to seventy-seven (77) Dwelling Units, not more than forty-three (43) Dwelling Units
shall be constructed on the Property.
C. Height & Massing. The maximum height permitted for the development of the Property
shall be five (5) Stories or a maximum height of seventy (70) feet above the base flood
elevation to the top of the primary roof of any building or structure located on the Property,
excluding any ornamental features or architectural projections.
3. Effective Date. The provisions of this Declaration shall become effective upon their
recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit
of, and a limitation upon, all present and future owners of the Property and for the public welfare.
4. Term of Declaration. This Declaration shall remain in full force and effect for a period
of thirty (30) years from the date this instrument is recorded in the Public Records, after which time they
shall be automatically extended for successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof and in accordance with the terms of Section 5.
5. Amendment, Modification, Release. This Declaration may be amended, modified, or
released as to any portion or all of the Property by a subsequent written instrument executed by the
Declarant or the then owner to be affected by such modification, amendment, or release and providing the
same has been approved by the Miami City Commission following a public hearing, which costs of the
application and notice for such public hearing shall be paid by the Declarant. Any amendment,
modification, or release of this Declaration shall be executed by the Director of Planning and Zoning and
be subject to the approval as to legal form by the City Attorney.
6. Inspection & Enforcement. 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 or to recover damages.
This enforcement provision shall be in addition to any other remedies available under the law.
7. 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 effect.
8. Recordation. This Declaration shall be promptly filed of record by the Declarant among
the Public Records of Miami -Dade County, Florida, at the Owner's sole cost and expense immediately
following the City Commission's final adoption of the FLUM amendment and rezoning requested in the
Applications and the expiration of any applicable appeal periods for such development orders. The
Declarant shall provide the City's Zoning Administrator with a certified copy of the recorded Declaration
within thirty (30) days of its recordation.
[Signature Page to Follow]
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8/22/2017
Signed, witnessed, executed and acknowledged this day of , 2017.
20TH AVENUE PARTNERS LLC, a Florida
limited liability company
By:
Witnesses Name: Javier Cruz
Title: Authorized Member
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
) SS
)
The foregoing instrument was acknowledged before me this day of , 2017,
by Javier Cruz, as Authorized Member of 20t'' Avenue Partners LLC, a Florida limited liability company.
Personally Known or Produced Identification
Type of Identification Produced
Page 3 of 4
Print or Stamp Name:
Notary Public, State of
Commission No.: N/A
My Commission Expires:
8/22/2017
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
The East 103 Feet of the West 337 Feet of the North 110 Feet of the South 225 Feet of the Southeast '/4 of
the Southwest '/4 of the Southeast '/4 of Section 22, Township 53 South, Range 41 East, lying and being in
said Miami -Dade, Florida.
Also known as:
Commencing at the South Line of Section 22, Township 53 South, Range 41 East, at a Point of 234 Feet
East ofthe Southwest Corner of the Southeast'/4 of the Southwest'/4 ofthe Southeast'/4thereof, and running
thence North 115 Feet for a Point of Beginning; thence North 110 Feet, thence East 103 Feet, thence South
110 Feet, thence West 103 Feet to the Point of Beginning.
ALSO KNOWN: 3616 NW 20t" Avenue, Miami, FL
PARCEL IDENTIFICATION NUMBER: 01-3122-000-0830
PARCEL 2:
Parts of Southeast '/4 of Southwest '/4 of Section 22, Township 53 South, Range 41 East, described as
follows: Commencing at a point of the South line of Section 22, Township 42 South, Range 41 East, a
distance of 234 Feet East of the Southwest corner of SE '/4 of the SW '/4 of the SE '/4 of said Section; thence
running North parallel to the West boundary of the SE '/4 of the SW '/4 of the SE '/4 of Section 22, Township
53 South, Range 41 East, a distance of 335.10 feet for a point of beginning; thence East 101.72 Feet; thence
South 110.10 Feet; thence West 101.72 Feet; thence North 110.10 Feet to the Point of Beginning lying and
being in Miami -Dade County, Florida.
ALSO KNOWN: 3670 NW 20t'' Avenue, Miami, FL
PARCEL IDENTIFICATION NUMBER: 01-3122-000-0852
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