HomeMy WebLinkAboutPZAB (7666) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-20-032
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 7666
Final Action Date: 9/16/2020
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), RECOMMENDING DENIAL, TO THE MIAMI
CITY COMMISSION, OF A PARTIAL RELEASE OF A DECLARATION OF
RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460, 500, AND 520
NORTHEAST 82 TERRACE, 505, 439, 437, 433 AND 421 NORTHEAST 82 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, 82nd Apartments LP, 505 NE 82nd Street LLC, 520 NE 82nd Terrace LLC,
439 NE 82nd ST LLC, 421 82 ST, LLC (collectively, "Applicant") submitted a request for a
Special Appearance for partial release of a Declaration of Restrictive Covenants voluntarily
proffered as part of a rezone of the properties located at 460, 500, and 520 Northeast 82
Terrace and 505, 439, 437, 433, and 421 Northeast 82 Street, Miami, Florida, as more
particularly described in the attached and incorporated Exhibit "A", ("Property"); and
WHEREAS, the Applicant owns the Property; and
WHEREAS, on September 16, 2015, the Miami Planning, Zoning and Appeals Board
("PZAB"), in agreeance with the Planning Department's recommendation, adopted Resolution
No. PZAB-R-15-057 by a vote of five to three (5-3), recommending denial of an ordinance of the
Miami City Commission amending Ordinance No. 10544, as amended, the Future Land Use
Map of the Miami Comprehensive Plan, pursuant to small scale amendment procedures subject
to §163.3187, Florida Statues, by changing the future land use designation of the Property from
"Medium Multifamily Residential" to "Restrictive Commercial"; and
WHEREAS, on September 16, 2015, the PZAB, in agreeance with the Planning
Department's recommendation, adopted Resolution No. PZAB-R-15-058 by a vote of five to
three (5-3), recommending denial of an ordinance of the Miami City Commission amending the
Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended, ("Miami 21 Code") by changing the zoning classification from "T5-R", Urban General,
to "T6-8-O", Urban Core", for the Property; and
WHEREAS, on January 28, 2016, the Miami City Commission adopted Ordinance No.
13592, by a vote of four to zero (4-0), amending Ordinance No. 10544, as amended, the Future
Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale
amendment procedures subject to §163.3187, Florida Statues, by changing the future land use
designation of the Property, approximately 2.2711 acres ,from "Medium Multifamily Residential"
to "Restrictive Commercial"; and
City of Miami Page 1 of 3 File ID: 7666 (Revision: A) Printed On: 9/24/2020
WHEREAS on January 28, 2016, the Miami City Commission adopted Ordinance No.
13593, by a vote of four to zero (4-0), amending the Miami 21 Code, as amended, by changing
the Zoning Classification from T5-R, "Urban Center Transect Zone — Restricted", to T6-8-O,
"Urban Core Transect Zone — Open", for the Property; and
WHEREAS, as part of the above -referenced rezone, the Applicant proffered a
Declaration of Restrictive Covenants that was accepted by the Miami City Commission; and
WHEREAS, the proffered Declaration of Restrictive Covenants included the following four
(4) restrictions:
1. That the Property shall be developed consistent with the plans entitled "Wave of
Shorecrest 82nd Street Master Plan," dated July 15, 2015 (the "Plan".) Said plans are
on file with the City of Miami and deemed incorporated herein.
2. That the Owners shall not increase the proposed floor area (FLR), as described in
the Plan, by pursuing a "Public Benefits" bonus under Miami 21.
3. The Property shall be developed with a maximum of 232 dwelling units.
4. There shall be no commercial uses permitted along the NE 82 Terrance frontage of
the Property.
WHEREAS, in the event that the partial release is not approved, the Applicant may be
required by the City to submit a corrected Declaration of Restrictive Covenants to ensure that
the appropriate Declaration is recorded against the property in accordance with the rezone
approval and acceptable of the Declaration in 2015; and
WHEREAS, the Property is located within the "T6-8-O", Urban Core Transect Zone —
Open, within the Upper Eastside Neighborhood Enhancement Team (NET); and
WHEREAS, the Applicant's survey indicates that the Property site is approximately
98,932 square feet (2.2711 acres); and
WHEREAS, the Applicant is requesting a partial release of the proffered Declaration of
Restrictive Covenants; and
WHEREAS, the Applicant is requesting a release of the following restrictions:
1. That the Property shall be developed consistent with the plans entitled "Wave of
Shorecrest 82' Street Master Plan," dated July 15, 2015 (the "Plan".) Said plans are
on file with the City of Miami, and deemed incorporated herein.
2. That the Owners shall not increase the proposed floor area (FLR), as described in
the Plan, by pursuing a "Public Benefits" bonus under Miami 21.
3. The Property shall be developed with a maximum of 232 dwelling units; and
WHEREAS, the Planning Department recommends denial of the release of the
Declaration of Restrictive Covenants as presented by the Applicant, and instead recommends
City of Miami Page 2 of 3 File ID: 7666 (Revision: A) Printed On: 9/24/2020
approval to only release the first listed restriction related to design of the future development on
site to match the plans titled "Wave of Shorecrest 82nd Street Master Plan", with conditions; and
WHEREAS, the City's Planning Department, through its analysis, found that the release
of the first restriction only of the Declaration of Restricted Covenants would be consistent with
the goals of the Miami 21 Code and would allow flexibility in the design of future development
on the Property; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is not
competent substantial evidence in the record to approve the partial release of the Declaration
of Restrictive Covenants; and
WHEREAS, during the PZAB public hearing on September 16, 2020, after consideration
of this item, there was a motion to deny which passed as ten (10) members voted in favor and
one (1) members voted against the proffered motion;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI 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 hereby recommends to the Miami City Commission a denial of a
partial release of the Declaration of a Restrictive Covenants.
Section 3. This Resolution shall become effective immediately upon its adoption.
isco rcia, Director
rtment .f Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
OI gc
Personally appeared before me, the undersigned authority,ZQ WA -CI, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
61)
Execution
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ate 40-6
SWORN AND SUBSCRIBED BEFORE ME THIS'DDAY OF Sei f , 2020
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
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City of Miami Page 3 of 3 File ID: 7666 (Revision: A) Printed On: 9/24/2020
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1:
SHERRY PARK PB 63-12 LOT 2 BLK 2 LOT SIZE 8800 SQUARE FEET OR 19903-1460 09 2001 1
Together with:
Parcel 2:
SHERRY PARK PB 63-12 LOT 3 BLK 2 LOT SIZE 11440 SQUARE FEET OR 18969-3197 1299 5
Together with:
Parcel 3:
7 53 42 SHERRY PARK PB 63-12 LOT 5 BLK 2 LOT SIZE 8800 SQ FT OR 20155-3712 0102 1
Together with:
Parcel 4:
This submittal needs to be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Code. The applies de decision -malting body will
rodew the information at the pubec hearing to render a
recommendation or a final decid on.
7 53 42 BLUE DOME PB 42-64 LOTS 2 & 3 LESS SSFT BLK 1 FOR ST AND PROP INT IN & TO COMMON
ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 17238 SQUARE FEET OR 16900-1558 1195 6(2)
Together with:
Parcel 5:
PZ-20-6170
07/08/20
7 53 42 PB 42-64 BLUE DOME BLK 1 LOT 4 LESS SSFT 82 ST R/W AND PROP INT IN &TO COMMON
ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 8635 SQUARE FEET OR 18174-3502 0598 4 COC 22614-
3519 08 2004 4
Together with:
Parcel 6:
7 53 42 BLUE DOME PB 42-64 LOT 5 LESS SSFT FOR 82 ST R/W BLK 1 AND PROP INT IN &TO COMMON
ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 8645 SQUARE FEET OR 18969-3197 1299 5
Together with:
Parcel 7:
7 53 42 PB 42-64 BLUE DOME BLK 1 LOT 6 LESS SSFT FOR 82 ST R/W AND PROP INT IN &TO COMMON
ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 8656 SQUARE FEET OR 18969-3197 1299 5
Together with:
Parcel: 8
7 53 42 PB 42-64 BLUE DOME LOTS 7 TO 9 INC LESS 82 ST R/W BLK 1 AND PROP INT IN &TO COMMON
ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 26698 SQUARE FEET OR 20491-0984 0602 1