HomeMy WebLinkAboutPZAB (4430) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-18-056
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 4430
Final Action Date: 9/24/2018
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
FAILING TO MAKE A RECOMMENDATION APPROVING OR DENYING BY A
SUPERMAJORITY VOTE 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 LOTS 28
AND 29 OF THE EDEN PARK PLAT FROM "T4-R" GENERAL URBAN TRANSECT
ZONE RESTRICTED TO "T5-L" URBAN CENTER TRANSECT ZONE LIMITED, AND
OF LOTS 3, 30, 31 AND 32 OF THE EDEN PARK PLAT FROM "T5-L" URBAN
CENTER TRANSECT ZONE -LIMITED TO "T6-8-L" URBAN CORE TRANSECT ZONE
LIMITED, FOR APPROXIMATELY 0.79 ACRES OF REAL PROPERTY, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF NORTHWEST 7 AVENUE AND
NORTHWEST 35 STREET IN MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, 3516 NW 7th Ave LLC (the "Applicant"), submitted a request to change the
zoning classification of the westernmost fifty (50) feet of the dually designated property at 3516
Northwest 7 Avenue, and of the property at 725 Northwest 35 Street (collectively, the "Western
Lots"), from "T4-R" General Urban Transect Zone Restricted to "T5-L" Urban Center Transect
Zone Limited; and
WHEREAS, the Applicant submitted a request to change the zoning classification of the
dually designated parcel at 3516 NW 7 Avenue Tess the westernmost 50 feet (the "Eastern
Lots") (Western Lots and Eastern Lots collectively referred to as "Property," as described in
Exhibit "A," attached and incorporated), from "T5-L" Urban Center Transect Zone -Limited "T6-8-
L" Urban Core Transect Zone -Limited; and
WHEREAS, the City of Miami ("City") Planning Department, after analysis of the request,
recommended approval of the proposed zoning change of the Western Lots from "T4-R"
General Urban Transect Zone Restricted to "T5-L" Urban Center Transect Zone Limited and
denial of the proposed zoning change of the Eastern Lots from "T5-L" Urban Center Transect
Zone -Limited "T6-8-L" Urban Core Transect Zone -Limited and found the following:
1. The request to rezone to the Western Lots from "T4-R" General Urban Transect
Zone Restricted to "T5-L" Urban Center Transect Zone Limited is consistent with
Policy LU-1.1.3, in that Land Use Policy LU 1.3.15: The City will continue to
encourage a development pattern that enhances existing neighborhoods by
developing a balanced mix of uses including areas for employment, shopping,
housing, and recreation in close proximity to each other, in that the proposed
rezoning of the Western Lots would enhance the development pattern of the
neighborhood, as it is part of a larger, logical change, offering the proper transitions
City of Miami Page 1 of 4 File ID: 4430 (Revision:) Printed On: 10/24/2018
to the properties zoned "T4-R" General Urban Transect Zone Restricted to the south
of the site; and
2. The request to rezone the Eastern Lots from "T5-L" Urban Center Transect Zone -
Limited to "T6-8-L" Urban Core Transect Zone -Limited is inconsistent with Policy LU-
1.1.3, in that Land Use Policy LU 1.3.15: The City will continue to encourage a
development pattern that enhances existing neighborhoods by developing a
balanced mix of uses including areas for employment, shopping, housing, and
recreation in close proximity to each other, in that the proposed rezoning of the
Eastern Lots would not enhance the development pattern of the neighborhood, as it
is not part of a larger change, nor does it offer proper transitions to the properties
zoned "T4-R" General Urban Transect Zone Restricted south of the site; and
3. Pursuant to the City of Miami Allapattah Planning Study (the "Study"), the City
Planning staff found that the existing accessibility to multi -modal transportation in the
area that the Property is located warrants a zoning designation of higher density and
intensity; and
4. The Study indicates that the existing condition of the area that the Property is located
may benefit from the additional diversity in uses created by the proposed change to
from "T4-R" General Urban Transect Zone Restricted to "T5-L" Urban Center
Transect Zone Limited; and
5. The proposed rezone from "T5-L" Urban Center Transect Zone -Limited to "T6-8-L"
Urban Core Transect Zone -Limited changes the nature of the residential street within
the neighborhood and allows more intensive uses than currently exists to the south;
and
6. Both rezone requests are transitional from west to east; however, the request to
rezone from "T5-L" Urban Center Transect Zone -Limited to "T6-8-L" Urban Core
Transect Zone -Limited is not transitional from north to south; and
7. The request to rezone from "T4-R" General Urban Transect Zone Restricted to "T5-
L" Urban Center Transect Zone Limited preserves neighborhoods in an east to west
and north to south orientation; and
8. The request to rezone from "T5-L" Urban Center Transect Zone -Limited to "T6-8-L"
Urban Core Transect Zone -Limited does not preserve neighborhoods in a north to
south orientation; and
9. The proposed zoning change from "T4-R" General Urban Transect Zone Restricted
to "T5-L" Urban Center Transect Zone is appropriate in light of the intent of the Miami
21 Code and particularly in relation to the effects on abutting properties; and
10. The proposed zoning change from "T5-L" Urban Center Transect Zone -Limited to
"T6-8-L" Urban Core Transect Zone -Limited is inappropriate in light of the intent of
the Miami 21 Code and particularly in relation to the effects on abutting properties;
and
11. The requested rezone from the "T4-R" General Urban Transect Zone Restricted to
"T5-L" Urban Center Transect Zone maintains the goals of the Miami 21 Code to
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preserve neighborhoods and provide transitions in intensity and building height as
the proposed zoning implements additional heights, densities, and uses for
development; and
12. The requested rezone from the "T5-L" Urban Center Transect Zone -Limited to "T6-8-
L" Urban Core Transect Zone -Limited Transect Zone does not maintain the goals of
the Miami 21 Code to preserve neighborhoods and provide transitions in intensity
and building height as the proposed zoning implements additional heights, densities,
and uses for development; and
WHEREAS, the Planning Zoning and Appeals Board ("PZAB") has considered the
relationship of the proposed amendment(s) to the goals, objectives and policies of the Miami
Comprehensive Plan, with appropriate consideration as to whether the proposed change will
further the goals, objectives and policies of the Comprehensive Plan, the Miami 21 Code, and
all other City regulations; 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 has considered the Declaration of Restrictive Covenants,
attached hereto and incorporated herein as an Exhibit "B," voluntarily proffered by the Applicant
limiting the development of the subject Property by increasing the required setback based on
the proposed zoning along Northwest 35 Street, from ten (10) feet to twenty-five (25) feet,
where the subject Property abuts the residentially zoned properties to the south; and
WHEREAS, after due consideration, PZAB fails to recommend approval by a
supermajority vote pursuant to Section 7.1.1.4(4) for the proposed zoning change from the "T4-
R" General Urban Transect Zone Restricted to "T5-L" Urban Center Transect Zone and the
proposed zoning change from the "T5-L" Urban Center Transect Zone -Limited to "T6-8-L" Urban
Core Transect Zone -Limited as there was a motion to recommend approval of the proposed
rezoning of the Western Lots from "T4-R" General Urban Transect Zone Restricted to "T5-L"
Urban Center Transect Zone Limited and denial of the proposed zoning change of the Eastern
Lots from "T5-L" Urban Center Transect Zone -Limited "T6-8-L" Urban Core Transect Zone -
Limited, which did not obtain the required concurring votes of a supermajority of board members
present pursuant to Section 7.1.1.4(4) of the Miami 21 Code as four (4) members voted in favor
of the motion and three (3) members voted against the motion;
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 fails to recommend approval by a supermajority pursuant to
Section 7.1.1.4 of Ordinance No. 13114, as amended ("Miami 21 Code"), that the City
Commission amend the Zoning Atlas of the Miami 21 Code, by changing the zoning
classification from "T4-R" General Urban Transect Zone Restricted and "T5-L" Urban Center
Transect Zone Limited for the westernmost fifty (50) feet of the property at 3516 Northwest 7
Avenue and 725 Northwest 35 Street; and by changing the zoning classification from "T5-L"
Urban Center Transect Zone Limited and "T6-8-L" Urban Core Transect Zone Limited of 3516
City of Miami Page 3 of 4 File ID: 4430 (Revision:) Printed On: 10/24/2018
Northwest 7 Avenue (minus the westernmost 50 feet), as described in "Exhibit A", attached and
incorporated.
Section 3. This Resolution shall become effective upon adoption by the PZAB.
1
Francis o Garcia, Director
Departm of Planning
(3q.\ \
Execution ate
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, Gt.-rCJIC I, 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 THISDAY OF 0 C..71- , 201
P 71-l-r=1 Z_-(5I\pV-e7
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
My Commission Expires:
,-,; BEATRIZALVAREZ
•* Commission # GO 153715
Expires November 20, 2021
"' Fi Ft"NS BondedThru Troy Fein Insurance 800-385-7019
City of Miami Page 4 of 4 File ID: 4430 (Revision:) Printed On: 10/24/2018
EXHIBIT "A"
PARCEL 1,
LTI-IE PLAT THEREOF AS RECORDED IN PLAT BOOK 7,
OTS 3, 29, 30,31 AND 32 OF EDEN PAR/( ACCORDING TO
29, PUBLICRECOR S OFMIAMI DADE COUNTY, FLORIDA. PAGE
°ARCEL
LOT 28 OF EDEN PARK, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 7, PAGE 29, PUBLIC RECORDS
OFMIAM1-DADEco wry,, FLORIDA.
LEST AND EXCEPT THEREFROM:
THE EAST 7.5 FEET OF LOTS 3, 30, 31 AND '32 OF EDEA'
PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 7, PAGE 29, PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
LYING AND BEING IN SECTION 26, TOWNSHIP 53 BOUTH,
RANGE 41 EAST, CITY OF MIAMI, MIAMI-LADE COUNTY,
FLOt?IDA.
This instrument is prepared by
(and after recording)
please return this instrument to:
Iris Escarra, Esq.
Greenberg Traurig
333 SE 2 Avenue, Suite 4400
Miami, FL 33131
Reserved for Recording
RESTRICTIVE COVENANT
KNOW ALL MEN BY THESE PRESENT that the undersigned, 3516 NW 7th
Ave, LLC, a Foreign Limited Liability Corporation ("Owner") hereby makes, declares
and imposes on the land herein described, this Restrictive Covenant (the "Covenant")
running with title to the land contained herein, which shall be binding on Owner, all
heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and
against all persons claiming by, through or under them.
WHEREAS, Owner is the fee simple title holder to certain property located in
Miami -Dade County, Florida, more particularly described on Exhibit "A" ("T6
Property") and the property described in Exhibit "B" ("T5 Property") attached hereto
and incorporated herein (collectively referred to as "Property"); and
WHEREAS, as a condition to the rezoning from T4-R to T5-L, the Owner
voluntarily proffers this Covenant to construct a landscape buffer within a twenty-five
foot (25') Setback between the T5 Property and the residential uses to the South; and
NOW, THEREFORE, the Owner, in consideration of the premises, agreements
and covenants set forth hereinafter, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by Owner, hereby voluntarily
agrees as follows:
A. Recitals. The foregoing recitals are true and correct and are
incorporated herein as if repeated at length.
B. Restriction. Owner covenants to restrict the T5 Property as
follows: The T5 Property shall contain a landscape buffer and a minimum of twenty-five
foot (25') Setback along NW 35th Street.
C. Covenant Running with the Land. This Covenant on the part of
the Owner shall constitute a covenant running with the land and shall be recorded, at
Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall
remain in full force and effect and be binding upon the undersigned Owner, and its heirs,
successors, and assigns until such time as the Covenant is modified or released. These
rev. 04/14/2017
restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all
present and future owners of the Property and for the public welfare.
D. Term. The provisions of this instrument 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
each, unless released in writing by the following: (i) then owners of the Property AND
(ii) the Director of the Planning Department and the Zoning Administrator subject to the
approval of the City Attorney as to legal form, or their respective designees or successors,
upon the demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the Property for the purposes stated herein.
E. Modification, Amendment, Release. This Covenant may be
modified, amended, or released only after a public hearing before the Planning, Zoning
and Appeals Board and the City Commission upon the demonstration and affirmative
finding that the same is no longer necessary to preserve and protect the Property for the
purposes stated herein. Any amendment or modification approved by the City
Commission shall be executed by the Planning Director, the Zoning Administrator, and
the City Attorney as to legal form and correctness, or their respective designees or
successors, and the then owners of the Property.
D. 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.
E. Election of Remedies. All rights, remedies, and privileges granted
herein shall be deemed to be cumulative and the exercise of any one or more shall neither
be deemed to constitute an election of remedies, nor shall it preclude the party exercising
the same from exercising such other additional rights, remedies or privileges.
F. Severability. Invalidation of any one of these covenants, by
judgment of' Court, in no way shall affect any of the other provisions, which shall remain
in full force and effect.
G. Recording. This Declaration shall be recorded in the Public
Records of Miami -Dade County at the Owners' expense within ten (10) days of
acceptance by the City. The Office of Zoning, the Planning Department, and the City of
Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a
certified copy within thirty (30) days of recordation.
[Signature Page to Follow]
rev. 04/14/2017
Signed, witnessed, executed and acknowledged this day of , 2018.
3516 NW 7th Avenue, LLC, a Foreign
limited liability company
By:
Name:
Title:
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this day of , 2018 by
who is
personally known to me, or has produced , as
identification and she acknowledged before me that he executed the same, freely and voluntarily,
for the purposes therein expressed.
Name:
Notary Public, State of
Commission No.
rev. 04/14/2017
Exhibit A
The T6 Property
Lots 3, 30, 31, and 32 of Eden Park, according to the Plat thereof as recorded in Plat
Book 7, Page 29, of the Public Records of Miami -Dade County, Florida
rev. 04/14/2017
Exhibit B
The T5 Property
Lots 28 and 29 of Eden Park, according to the Plat thereof as recorded in Plat Book
7, Page 29, of the Public Records of Miami -Dade County, Florida
rev. 04/14/2017