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Home My WebLink AboutPZAB (6145) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-19-036 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 6145 Final Action Date: 7/31/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD, WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL BY THE REQUIRED SUPERMAJORITY VOTE TO THE MIAMI CITY COMMISSION REGARDING AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R," URBAN CENTER — RESTRICTED TRANSECT ZONE, TO "T6-8-O," URBAN CORE — OPEN TRANSECT ZONE, OF THE PROPERTY LOCATED AT APPROXIMATELY 790 NORTHWEST 44 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, property located at approximately 790 Northwest 44 Avenue, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated, ("Property") is zoned "T5-R," Urban Center — Restricted Transect Zone; and WHEREAS, 7th and 45th Avenue Venture, LLC (the "Applicant") submitted a request to change the zoning designation of the Property to "T6-8-O," Urban Core — Open Transect Zone; and WHEREAS, the Applicant also voluntarily proffered a Declaration of Restrictive Covenant ("Covenant"), attached hereto as Exhibit "B," to limit uses on the Property to surface parking and landscaped open space with both to serve only the abutting commercial uses on the "T6-8-O," Urban Core — Open Transect Zone, zoned properties to the south located between Northwest 7 Street and the Property (specifically, 4401, 4431, 4475 Northwest 7 Street further identified by Miami -Dade Tax Folio Nos. 01- 3132-006-0120, 01-3132-006-0130 and 01-3132-006-0140); and WHEREAS, the Covenant indicates that if the Property is not developed as a parking lot — rather than remaining vacant, the Property may be redeveloped with Uses permitted in the "T5-R," Urban Center — Restricted Transect Zone; and WHEREAS, the Property is a vacant interior parcel located in the southeast portion of the City block bounded by Northwest 9 Street to the north, Northwest 44 Avenue to the east, Northwest 7 Street to the south, and Northwest 45 Avenue to the west; and WHEREAS, the Property is approximately 7,020 square feet (0.16 acres) in size; and City of Miami Page 1 of 3 File ID: 6145 (Revision: D) Printed On: 8/20/2019 WHEREAS, Article 7, Sections 7.1.2.8.a. and 7.1.2.8.f.2. of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida (the "Miami 21 Code") provides that a change to the Miami 21 Code Atlas may be made only to the next Transect Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the City of Miami ("City") Planning Department reviewed the application and found that the proposed zoning change from "T5-R," Urban Center — Restricted Transect Zone to "T6-8-O," Urban Core — Open Transect Zone, is successional, however, deemed the request inappropriate in light of the intent of the Miami 21 Code; and WHEREAS, the neighborhood already has a well -established commercial corridor along Northwest 7 Street that serves the employment and retail needs of local residents; and WHEREAS, the Northwest 7 Street corridor has a clearly distinguished zoning boundary line which follows the original lot lines of the Lejeune Garden Estates plat (Recording Book 40, Page 37), and was established with the adoption of the Miami 21 Code; and WHEREAS, the City Planning Department finds that the requested change in zoning represents an encroachment of the "T6-8-O," Urban Core — Open Transect Zone, within an established "T5-R," Urban Center — Restricted Transect Zone, permitting additional height, density, and development capacity that is incompatible with the existing residential neighborhood; and WHEREAS, the City Planning Department finds that the requested change in zoning does not further the goals and objectives the Miami Neighborhood Comprehensive Plan ("MCNP"), does not further the goals and guiding principles of the Miami 21 Code which seek to create pedestrian -oriented and mixed -use neighborhoods, and does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, the City Planning staff recommends denial of the rezoning application; and WHEREAS, the Miami Planning, Zoning, and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, 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 propose change necessary; and City of Miami Page 2 of 3 File ID: 6145 (Revision: D) Printed On: 8/20/2019 WHEREAS, pursuant to 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, no action to recommend a rezoning shall be taken without the concurring votes of a supermajority of board members present with said supermajority consisting of one more member than a simple majority; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the zoning change was made, wherein four (4) PZAB members voted in favor and five (5) PZAB members voted against, failing to receive the required supermajority vote to recommend approval; 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 Planning, Zoning, and Appeals Board ("PZAB") does not recommend approval by the required supermajority vote that the Miami City Commission amend the Zoning Atlas of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida, by changing the zoning classification from "T5- R," Urban Center — Restricted Transect Zone to "T6-8-O," Urban Core — Open Transect Zone, for the property located at approximately 790 Northwest 44 Avenue, Miami, Florida, as more particularly described in "Exhibit A," attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. /IF A AL r.ticisco Garcia, Director D-partment of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ection 4. This Resolution shall become effective upon adoption by the PZAB. C>17( )() Execution Date Personally appeared before me, the undersigned authority, rCrt 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 2O DAY OF pv3t) , 201q SN\a GOY12G11G L 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 L', 'Y.."''•. SILVIA GONZALEZ � ' MY COMMISSION#GG051561 darn *e �� • EXPIRES: November 30, 2020 %rop �� ; IV Bonded Thru Notary Public Underwriters w lic State of Florida My Commission Expires: City of Miami Page 3 of 3 File ID: 6145 (Revision: D) Printed On: 8/20/2019 Exhibit A Legal Description Lot 8, Rainey Manors, according to the Plat thereof, as recorded in Plat Book 61, Page 94, of the Public Records of Miami Dade County, Florida,. Folio No.: 01-3132-016-0080. Exhibit B This instrument was prepared by: Ben Fernandez, Esq. Bercow RadeII & Fernandez, PA 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 1 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2018, by 7th and 4591 Avenue Venture, LLC, a Florida Limited Liability Company (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 hold fee simple title to certain real property located at: 790 Northwest 44 Avenue (folio number: 01-3132-016-0080). See Exhibit A, attached hereto, and hereinafter referred to as the "Property." WITNESSETH WHEREAS, the Owner sought and obtained a Change of Zoning from "T5- R" Urban Center -Restricted to "T6-8-O" Urban Core -Open, pursuant to Ordinance No. for the Property; and 790 NW 44 Street Covenant 1 2 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. NOW THEREFORE, the Owner 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, 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. Any commercial use of the Property shall be limited to surface parking and landscape open space to only serve abutting commercial uses on the T6-8- 0 zoned properties to the south located between North West 7 Street and the Property (4401, 4431, 4475 NW 7th Street further identified by Miami - Dade Tax Folio Nos. 01-3132-006-0120, 01-3132-006-0130 and 01-3132- 006-0140). 2. If the Property is not developed as a parking lot, rather than remaining vacant, the site may be redeveloped with Uses permitted in the T5-R Zoning Transect. Section 3. Effective Date. This Declaration is effective at the date of acceptance by the City of Miami and full execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their 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. 790 NW 44 Street Covenant 2 3 Section 4. Applicable Law & Venue; Attorney's Fees. Florida law and the City Code and Ordinances will apply to interpretation of this Declaration. 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. Section 5. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners 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 Commission after a public hearing and after a recommendation from the Planning, Zoning and Appeals Board. All public hearings shall be applied for at the expense of the then 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 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 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. Each party shall bear their own attorney's fees and costs. This enforcement provision shall be in addition to any other remedies available under the law. 790 NW 44 Street Covenant 3 4 Section 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. Section 8. Term; Recording. This Declaration shall be recorded and shall constitute a covenant running with the land, and shall be binding on the Parties, their successors, heirs, and assigns. This Declaration shall be effective for a period of 30 years, and shall be automatically renewed for successive periods of 10 years unless modified, amended or released prior to the expiration thereof. Owner shall record this Declaration within thirty (30) days of acceptance from the City and provide a copy to the City within five (5) days of recording. Section 9. Construction. Nothing in this Declaration shall be construed to create or imply a vested right to any development. This Declaration shall be construed as a restriction, and shall not be construed to authorize or permit any development that is not in compliance with the local laws and regulations in effect at the time of the application for any permit. [Signature Pages to Follow] 790 NW 44 Street Covenant 4 5 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of , 2019. WITNESSES: OWNER: Signature Print Name 7th and 45th Avenue Venture, LLC, a Florida limited liability company By: Supermarket Management, Inc., its Manager Signature: By: Title: 8500 SW 8th Street, Suite 228 Signature Miami, FL 33144 Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by , the of Supermarket Management, Inc., the manager of 7th and 45th Avenue Ventures, LLC, on behalf of the limited liability company. He/She is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2018, in the County and State aforesaid. Notary Public State of Florida My Commission Expires: Print Name 790 NW 44 Street Covenant 5 Exhibit A Legal Description 6 Lot 8, Rainey Manors, according to the Plat thereof, as recorded in Plat Book 61, Page 94, of the Public Records of Miami Dade County, Florida, Folio No.: 01-3132- 016-0080. 790 NW 44 Street Covenant 6 7 Approved as to Legal Form and Correctness: By: Victoria Mendez, City Attorney Approved: By: Francisco Garcia, Director of Planning Approved: By: Joseph A. Ruiz Zoning Administrator 790 NW 44 Street Covenant 7