HomeMy WebLinkAboutPZAB (3603) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-18-015
City Hail
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 3603
Final Action Date: 4/18/2018
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENT(S) RECOMMENDING APPROVAL OF AN ORDINANCE OF
THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING
ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING
CLASSIFICATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 45
NORTHEAST 16 STREET, 64, 52, 48, 42, AND 38 NORTHEAST 17 STREET, 1635
AND 1643 NORTHEAST MIAMI COURT, AND 1602, 1610, 1616, 1642, 1632, 1624
NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; FROM "T6-24-A-O" URBAN CORE TRANSECT ZONE
— A —OPEN TO "T6-24B-O" URBAN CORE TRANSECT ZONE - B — OPEN, MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the properties located at approximately 45 NE 16 St, 64, 52, 48, 42, and 38
Northeast 17 Street, 1635, and 1643 Northeast Miami Court, and 1602, 1610, 1616, 1642,
1632, 1624 Northeast Miami Place, Miami, Florida, as more particularly described in Exhibit "A",
("Properties") are currently zoned "T6-24-A-O" Urban Core Transect Zone — A —Open; and
WHEREAS, Art Luxury Rentals, LLC ("Applicant") has submitted a request to change the
zoning classification of the Properties to 76-24B-O" Urban Core Transect Zone - B — Open; and
WHEREAS, the Applicant has voluntarily proffered a Declaration of Restrictive
Covenants to satisfy the Public Benefits Bonus in accordance with Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"), Section 3.14.4
(a)(1) by reserving at least ten percent (10%) of the total number of residential units as
Workforce Housing if the residential units are sold as condominium units or fourteen percent
(14%) of the total number of residential units as Workforce Housing units if the residential units
are leased to tenants, and not sell, lease, or otherwise convey any interest in the units for
Workforce Housing for any consideration more than the amounts established by the applicable
standards for those with income in excess of 140% of the area median income as determined
by the Department of Community and Economic Development; and
WHEREAS, Planning Department, after due consideration, recommended denial of the
proposed zoning change; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
March 21, 2018 following an advertised public hearing, deferred the item No. 4, for a date
certain of April 18, 2018; and
WHEREAS, the PZAB has considered the goals, objectives, and policies of the Miami
Comprehensive Plan, the Miami 21 Code, and all other City regulations; and
City of Miami Page 1 of 2 File ID: 3603 (Revision: A) Printed On: 4126/2018
WHEREAS, the PZAB has considered the Declaration of Restrictive Covenants,
attached hereby as an Exhibit "B" voluntarily proffered by the Applicant;
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 provide 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 to the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning
classification from "T6-24-A-O" Urban Core Transect Zone — A —Open to "T6-24B-O" Urban
Core Transect Zone - B — Open, for the properties located at approximately 45 NE 16 St, 64, 52,
48, 42, and 38 NE 17 St, 1635, and 1643 NE Miami Ct, and 1602, 1610, 1616, 1642, 1632,
1624 NE Miami Place, Miami, Florida, as described in "Exhibit A", attached and incorporated.
Section 3.
rancisc3e rcia, Direct
apartment of Planning
This Resolution shall become effective upon adoption by the PZAB.
Execution to
l(
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Chrlsfi+'�-
Personally appeared before me, the undersigned authority, \ —j5 , 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 9.SOAY OF P p it i , 201E5
5 WI a G or iZoli l
tkv...Ifliblis/ of Florida
Print Notary Name
Personally know or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
SILVIA GONZAL
* • 1,7% MY COMMISSION # GG 051561
s ti ro; EXPIRES: November 30, 2020
'two' Bonded Thru Notary Public Undeivriters
City of Miami Page 2 of 2 File ID: 3603 (Revision: A) Printed On: 4/26/2018
EXHIBIT "A"
LEGAL DESCRIPTION: ALLEY
A portion of the ten (10) foot wide alley lying in Block 7 of NORTH MIAMI, according to the plot thereof, as
recorded in Plat Book A at Page 49-1/2, together with a portion of the ten (10) foot wide alley lying in Block
B of T. W. PALMER'S RESUBDIVISION, according to the plat thereof, as recorded In Plat Book 4 at Page 60, both
of the Public Records of Miami —Dade county, Florida, being more particularly described as follows:
Begin at the Southeast corner of Lot 11 in said Block 7 of said plat of NORTH MIAMI; thence N 00'39'59" E
along the East line of Lots 2, 3, 6, 7, 10 and 11 in soid Block 7 for 354.81 feet; thence S 90'00'00" E along
a line lying 5.00 feet South of and parallel with the North line of said Block 7 for 10.00 feet; thence
S 00'39'59" W along the West line of Lots 1, 4 and 5 in said Block 7 and the West line of Lots 1, 2, 3 and
4 in said Block. B for 349.81 feet; thence S 89'59'32" W along the Westerly extension of a lino 5.00 feet North
of and parallel with the South line of said Block B for 4.94 feet; thence S 00'39'59" W along the centerline of
said 10 feet olley for 5.00 feet; thence S 89'59'32" W along the Easterly extension of the South line of said
Block 7 for 5.06 feet to the Point of Beginning,
SURVEYOR'S NOTES:
— This site lies in Section 36, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida.
— Bearings hereon are referred to an assumed value of N 90'00'00" E
for the centerline of N.E. 17th Street.
— Lands shown hereon were not abstracted for easements and/or rights —of —way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2014-222-1.
— 10' Alley was vacated and reserved as a
Reference "MAS INDEX" 23H14.
Utility Easement per City of Miami Ordinance No. 13492
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on April 27, 2017, and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
"Not valid without tht g?1ature and the original raised
seal of a Florjd Limns d Surveyor and Mapper"
FOF.'IN, LE • Y, SKILE!, B3653
Daniel C. Fortin, Jr., For The Firm
Surveyor and Mapper, LS6435
State of Florida.
raven By
MAP
Cad. No.
Ref. Dwg.
161450
2014-222-1
Plotted: 4/27/17 7:29a
1 LEGAL DESCRIPTION, NOTES & CERTIFICATION,
F ORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE. OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th_ Street / North Miami Beach, Florida. 33 162
Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvay.eom
Date 4/27/17
Scale NOT TO SCALE
Job. No. 170309
Dwg. No. 1016-102-1
Sheet 1 of 3
Submitted Into The Record
3/211 tg
RESTRICTIVE COVENANT
ITEM PZAB.4
ART LUXURY RENTALS, LLC
MARCH 20, 2018
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This in.emment prepared by, and after recording return sn:
Name: Iris V. Cscarra, Esq.
Address: Greenberg Traurig, P.A.
333 Sl? 2 Avenue
Miami, Florida 33131
tc a rr4er„•,1 rnr Clerk of rra,m
DECLARATION OF RESTRICTIVE COVENANTS
THIS D CLARAT N OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2018, by Arts Luxury Rentals, LLC, a Florida limited
liability corporation having offices at 3211 Ponce de Leon Boulevard, Suite #301, Coral Gables.
Florida 33134 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State
of Florida (the "City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami,
Florida, 38 NE 17 Street, 42 NE 17 Street, 48 NE 17 Street, 52 NE 17 Street, 64 NE 17 Street,
1643 NE Miami Court, 1642 NE Miami Place, 1632 NE Miami Place, 1624 NE Miami Place,
1635 NE Miami Court, 1616 NE Miami Place, 45 NE 16 Street, 1610 NE Miami Place, and 1602
NE Miami Place, legally described in Exhibit "A" attached hereto and made a part hereof (the
"Property"); and
WHEREAS. Owner intends to develop the Property as a mixed -use residential building
and will develop additional square footage as permitted in Zoning Ordinance 13114, as amended,
of the City of Miami ("Miami 21") Section 3.14 Public Benefits Program; and
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Arts Luxury Rentals Public Benefits Covenant
WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in accordance with
Miami 21 Section 3.14.4 (a)(1)' with the reservation of (a) ten percent (10%) of the total number
of residential units on the Property as workforce housing units, if the residential units are sold as
condominium units, or (b) fourteen percent (14%) of the total number of residential units on the
Property as workforce housing units if the residential units are ]eased to tenants as apartment
units; and
WHEREAS, workforce housing units shall be as defined in City Code Section 13-52 (the
"Units for Workforce Housing"); and
WHEREAS, Owner shall designate the specific Units for Workforce Housing through a
workforce housing covenant (the "Workforce Housing Covenant") to be recorded at such time as
the Units for Workforce Housing are identified; and
WHEREAS, upon recordation of the Workforce Housing Covenant identifying the
specific Units for Workforce Housing, all other Property shall be released from this Declaration.
Owner agrees that this will be a covenant running with the land and binding upon the
Owner of the Property, its successors in interest and assigns, as follows:
1. Recitals. 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.
Affordable/workforce housing on site of the development. For each stlu1n font of affordable/workforce housing (including pertaining shared
space such as parking and circulation) provided on site. the development shall be allowed two square feet of additional area up to the bonus
Height and 11.15 as described in Seetiun 3.14.1.
' Workforce housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost. value. or monthly
rental. as applicable, equal to or less than the amounts established by the applicable standards for dtose individuals whose income is between tttl
percent to 140 percent of arca median income as determined by the Citys Department of Community and Economic Development in relation to
the affordable housing and workforce housing impact fri delerrat program provided for in Ibis article.
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Arts Luxury Rentals Public Benefits Covenant
2. Public Benefit Program; Workforce Housing Restriction. Owner has agreed to
satisfy the Public Benefits Bonus in accordance with Miami 21 Section 3.14.4 (a)(1) with the
reservation of the Units for Workforce Housing. The Units for Workforce Housing shall contain
design finishes consistent with the standard market rate units. Furthermore, Owner shall not
sell, Iease, or otherwise convey any interest in the Units for Workforce Housing for any
consideration in excess of 140% of the area median income as determined by the Department of
Community and Economic Development.
3. Effective Date. This instrument shall constitute a covenant running with the title
to the Property and be binding upon Owner, its successors and assigns upon 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 thepublic welfare.
4. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner. 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 periods of ten (10) years, unless
modified, amended or released prior to the expiration thereof.
5. Applicable Law. The restrictions within this Declaration on the part of the
Owner are being made under the applicable laws of the City at the time of the Effective Date.
However, if the applicable laws are modified in a manner that would be more favorable to the
Owner, then this Declaration shall be interpreted under the more favorable laws at such time.
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Arts Luxury Rentals Public Benefits Covenant
6. 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 hours of
the City of Miami's inspector to enter upon the Property for the purpose of investigating the use
of the Property, and for determining whether the conditions of this Declaration and the
requirements of the City's building and zoning regulations are being complied with. An action to
enforce the terms and conditions of this Declaration may be brought by the City and may be by
action at 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.
7. Amendment and Modification. This instrument may be modified, amended, or
released as to any portion or all of the Property only after occurrence of either (1) satisfaction by
other means permitted by Section 3.14 of Miami 21, including but not limited to payment into
the City of Miami Affordable/Workforce Housing Trust Fund as satisfaction of the Public
Benefit Program; or (2) a public hearing before the Planning Zoning and Appeals Board and the
City Commission. Any amendment or modification approved by the City Commission shall be
executed by the City Manager, his successor, or designee, and be in a form acceptable to the City
Attorney.
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Arts Luxury Rentals Public Benefits Covenant
8. Severabilitv. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
9. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owner. The Owner shall furnish a copy of the
recorded Declaration to the City Department of Hearing Boards within thirty (30) days of
recordation.
10. No Vested Rights. Nothing in this covenant shall be construed to create any
vested rights whatsoever for the Owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
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Arts Luxury Rentals Public Benefits Covenant
I ESS WHEREOF, the undersigned has set his hand and seal this day of
Witnessed by:
Name:
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
Arts Luxury Rentals LLC,
A Florida ld liability corporation
By:
Joseph Milton
The foregoing instrument was acknowledged before me this day of
2017 by Joseph Milton, of Arts Luxury Rentals, LLC. He personally eared before me, is
personally known to me or produced as ident n
MIA 1864029104
otary Public, State of Florida
Commission No. s"/ Z//
My commission ex ies_/
a e., BEAr1112 BAGMANO
?.�y.;�,% Notary Public - State or Florida
Commission # FF 241746
41 *;- My Comm. Expires Jun 18, 2019
Banded through National FlatAssn.
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Arts Luxury Rentals Public Benefits Covenant
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
APPROVED AS TO CONTENTS:
Francisco Garcia, Director
Planning and Zoning Department
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Arts Luxury Rentals Public Benefits Covenant
Exhibit "A"
Parcel 1: The West 35 feet of Lot 2, and the West 35 feet of the North 20 feet of Lot 3, in Block 7 of ROBBINS
GRAHAM & CHILLINGSWORTH'S SUBDIVISION according to the Plat thereof recorded in Plat Book A at
Page 49 1/2 of the Public Records of Miami -Dade County Florida.
Parcel 2: The West 33 1/3 feet of the East 65 feet of Lot 2 less the North 5 feet thereof dedicated to the City of
Miami in Deed Book 1241 Page 515 and including the North 20 feet of the West 33 113 feet of the East 65 Feet of
Lot 3. in Block 7 of ROBBINS GRAHAM & CHILLINGS WORTH'S SUBDIVISION according to the Plat thereof
recorded in Plat Book A at Page 49 112 of the Public Records of Miami -Dade County Florida.
Parcel 3: The East 31 2/3 feet of Lot 2 less the North 5 feet of the East 30 feet thereof dedicated to the City of Miami
itt Deed Book 1101 Page 255, and including the North 20 feet of the East 3] 2/3 feet of Lot 3, in Blcok 7 of
ROBBINS GRAHAM & CHILLINGSWORTH'S SUBDIVISION according to the Plat thereof recorded in Plat
Book A at Page 49 1/2 of the Public Records of Miami -Dade County Florida.
Parcel 4: The West 1/2 of Lot 1, less North 5 feet for sidewalk, in Block 7 of ROBBINS GRAHAM &
CHILLINGSWORTH'S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the
Public Records of Miami -Dade County, Florida.
Parcel 5: The East 1/2 of Lot 1, less North 5 feet for sidewalk, in Block 7 of ROBBINS GRAHAM &
CHILLINGSWORTH'S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page. 49 1/2 of the
Public Records of Miami -Dade County, Florida.
Parcel 6: Lot 4, in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S SUBDIVISION according to the
Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of Miami -Dade County, Florida.
Parcel 7: Lot 5, in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S SUBDIVISION according to the
Plat thereof recorded in Plat Book A at Page 49 1I2 of the Public Records of Miami -Dade County, Florida.
Parcel 8: Lot 1, in Block B of T. W. Palmers, according to the Plat thereof, as recorded in Plat Book 4, Page 60 of the
Public Records of Miami -Dade County, Florida.
Parcel 9: Lot 2, 1n Block B, of T.W. Palmers, according to the Plat thereof, as recorded in Plat Book 4, Page 60 of
the Public Records of Miami -Dade County, Florida.
Parcel 10: The South 40 feet of Lot 3, Block 7, of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of
Miami -Dade County, Florida.
Parcel 11: The North 40 feet of Lot 6 in Block 7, of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of
Miami -Dade County, Florida.
TOGETHER WITH:
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Arts Luxury Rentals Public Benefits Covenant
A —Parcel 1: The East 50 feet of Lots 10 and 11 in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Bonk A at Page 49 1/2 of the Public Records of
Miami -Dade County, Florida.
A —Parcel 2: The West 50 feet of Lots 10 and 11 in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of
Miami -Dade County, Florida.
A —Parcel 3: The South 40 feet of Lot 7 in Block 7 of ROBBINS GRAHAM & CHILLINGSWORTH'S
SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the Public Records of
Miami -Dade County, Florida.
A ---Parcel 4: The South 20 feet of Lot 6 and North 20 feet of Lot 7, in Block 7 of ROBBINS GRAHAM &
CHILLINGSWORTH'S SUBDIVISION according to the Plat thereof recorded in Plat Book A at Page 49 1/2 of the
Public Records of Miami -Dade County, Florida.
A —Parcel 5: Lot 3 and Lot 4, less the South 5 feet thereof, in Block "B" of T.W. Palmers Resubdivision according
to the Plat thereof, recorded in Plat Book 4, Page 60 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH:
A portion of the ten (10) foot wide alley lying in Block 7 of NORTH MIAMI, according to the plat thereof, as
recorded in Plat Book A at Page 49 1/2, together with a portion of the ten (10) foot wide alley lying in Block B of
T.W. PALMER'S RESUBDIVISION, according to the plat thereof, as recorded in Plat Book 4 at Page 60, both of
the Public Records of Miami -Dade County, Florida, being more particularly described as follows:
Begin at the Southeast corner of Lot 11 in said Block 7 of said plat of NORTH MIAMI; thence N 00'39'59" E along
the East line of Lots 2, 3, 6, 7, 10 and 11 in said Block 7 for 354.81 feet; thence S 90'00'00" E along a line lying
5.00 feet South of and parallel with the North line of said Block 7 for 10.00 feet; thence S 00'39'59" W along the
West line of Lots 1, 4 and 5 n said Block 7 and the West line of Lots 1, 2, 3 and 4 in said Block B for 349.81 feet;
thence S 89'59'32" W along the Westerly extension of a line 5.00 feet North of and parallel with the South line of
said Block B for 4,94 feet; thence S 00°39'59" W along the centerline of said 10 feet alley for 5.00 feet; thence S
89'59'32" W along the Easterly extension of the South line of said Block 7 for 5.06 feet to the Point of Beginning.
Folio Nos.:
01-3136-008-0050
01-3136-008-0040
01-3136-005-0260
01-3136-005-0250
01-3136-005-0190
01-3136-005-0200
01-3136-005-0230
01-3136-005-0220
01-3136-005-0210
01-3136-005-0240
01-3136-005-0270
01-3136-005-0301
01-3136-008-0060
01-3136-008-0070
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