HomeMy WebLinkAboutPZAB (4433) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-20-024
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 4433 Final Action Date: 7/15/2020
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), WITH ATTACHMENT(S), NOT 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 "T3-R", SUB -URBAN TRANSECT ZONE -RESTRICTED,
TO "T4-L", GENERAL URBAN TRANSECT ZONE - LIMITED, FOR THE PROPERTY
GENERALLY LOCATED AT 4214 SOUTHWEST 3 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Gilberto Padin owns the property located at approximately 4214 Southwest
3 Street, Miami, Florida, as described in the attached and incorporated Exhibit "A" ("Property");
and
WHEREAS, the Property is currently zoned on the Zoning Atlas of Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") as "T3-R",
Sub -Urban Transect Zone - Restricted; and
WHEREAS, an application was submitted to the City of Miami ("City") requesting to
change the zoning classification of the Property from "T3-R", Sub -Urban Transect Zone -
Restricted to "T4-L", General Urban Transect Zone -Limited; and
WHEREAS, a concurrent application (File ID No. PZ-19-2689) was submitted to the City
to amend the Future Land Use Map ("FLUM") designation of the Miami Comprehensive
Neighborhood Plan ("MCNP") for the Property from "Single Family Residential" to "Restricted
Commercial"; and
WHEREAS, the City Planning staff found that the proposed "T4-L", General Urban
Transect Zone — Limited, zoning classification would result in additional height, density, and
building mass that is compatible with the existing uses to the north, south, and east of the
Property; and
WHEREAS, the subject Property site consists of approximately 6,420 square feet (0.14
acre) of area; and
WHEREAS, the subject Property fronts Southwest 3 Street and is in close proximity to a
major thoroughfare, Southwest 42 Avenue (South Le Jeune Avenue); and
WHEREAS, the Property is currently developed with a 1,610 square feet single-family
structure, constructed in 1939; and
City of Miami Page 1 of 4 File ID: 4433 (Revision: B) Printed On: 9/2/2020
WHEREAS, City Planning staff found that the proposed rezone would further fortify a
buffer of T4-L zoned parcels between T3-R residential area and the T6-8-O commercial
corridor; and
WHEREAS, the City Planning Department recommended approval of the rezoning
application; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
Planning Department's recommendation; and
WHEREAS, PZAB has considered the Declaration of Restrictive Covenants, attached
and incorporated as Exhibit "B", ("Covenant") which was voluntarily proffered by the Applicant to
limit the development of the subject Property as summarized below:
- In the event the Property and the Adjacent Property, as defined in the Covenant are
developed as the Integrated Development, as defined in the Covenant, either for
lodging, residential use or any other use permitted by the City of Miami zoning and land
use code, the following conditions, restrictions and criteria shall apply to the Property:
o The Property may be used for ingress and egress to the Integrated Development,
and may contain parking spaces screened from public view, as well as a parking
ramp leading to second and third floor parking area only if and as permitted
pursuant to the City Code, as amended, and City Zoning Ordinance, as
amended, and in accordance with all applicable requirements.
o The Integrated Development may include a single building structure spanning the
boundary line between the Property and the Adjacent Property, to create a single
unified building structure only if and as permitted pursuant to the City Code, as
amended, and City Zoning Ordinance, as amended, and in accordance with all
applicable requirements.
o No portion of a building on the Property shall be located closer than 12 feet to the
west boundary line of the Property. The area within this 12-foot setback shall be
open space and landscaping. No portion of a building on the Property shall be
located closer than 10 feet to the north boundary line or closer than 11 feet to the
south boundary line of the Property. The setback between the Property and the
Adjacent Property to the south shall be 0'.00".
o The maximum lot coverage on the Property shall be 3,580 SF (58%).
o Maximum number of stories of any structure located on the Property shall be
three stories and maximum height shall be 40 feet.
o Not more than ten (10) lodging units or more than five residential units shall be
permitted on the Property.
o Nothing contained in the Covenant shall prohibit Owner from requesting and
obtaining relief from any section of the City of Miami zoning and land use code or
code of ordinances, including, by way of illustration and not limitation„ rezonings,
City of Miami Page 2 of 4 File ID: 4433 (Revision: B) Printed On: 9/2/2020
land use amendments, warrants, waivers, exceptions, variances, determinations,
and interpretations.
Job Creation and Employment Opportunities. Priority hiring shall be given to those
individuals residing near the project area and surrounding neighborhoods in the
following priority:
1st Priority: Those residing in the following ZIP codes in the City: 33134,
33126, 33135 and 33145
2' Priority: Those residing in all other areas of the City and County.
- Street Trees. Owner will contribute Sixteen Thousand Dollars ($16,000.00) to the
City's Tree Trust Fund for the express purpose to cover the cost associated with
planting eight trees along SW 3rd Street between SW 43rd Avenue and SW 42nd
Avenue as part of the Integrated Development. Any remaining funds from this
contribution shall be expended in accordance with Section 62-302 of the City Code.
- Public Art. Owner agrees to incorporate a public art component as part of Integrated
Development. Said public art shall be reviewed and approved by the Planning
Director or designee.
Arts Funding. The Owner further agrees to contribute Two Thousand Five Hundred
Dollars ($2,500.00) to the City's Public Art Fund for the express purpose to support
the visual and performing arts programing at Kinloch Park Elementary in accordance
with Section 62-661 of the City Code.
WHEREAS, the Covenant does not affect review criteria and is not considered in the
City' Planning Department's analysis; and
WHEREAS, Planning, Zoning and Appeals Board ("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
WHEREAS, PZAB has considered the goals, objectives, and policies of the MCNP, the
Miami 21 Code, and all other City regulations; and
WHEREAS, Section 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City
Code provide that no action to recommend to the City Commission a rezoning shall be taken
by PZAB without the concurring votes of a supermajority of the board members present, with
said supermajority consisting of one (1) more member than a simple majority; and
WHEREAS, the Applicant failed to obtain a supermajority vote as required by Section
7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, as there was a motion
to recommend approval of the requested amendment wherein five (5) members voted in favor
and four (4) members voted against;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
City of Miami Page 3 of 4 File ID: 4433 (Revision: B) Printed On: 9/2/2020
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. PZAB does not recommend that the City Commission amend the
Zoning Atlas of the Miami 21 Code by changing the zoning classification from "T3-R", Sub -
Urban Transect Zone — Restricted, to "T4-L", General Urban Transect Zone — Limited, for the
property generally located at 4214 SW 3 Street, Miami, Florida, as described in "Exhibit A",
attached and incorporated.
Section 3.
Fr cisc' Garcia, Director
D a t of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
This Resolution shall become effective upon adoption by PZAB.
•
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Executionte
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Personally appeared before me. the undersigned authority L °,
, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed fhe foregoing Resolution.
SWQRN AND SUBSCRIBED BEFORE ME THIS 2_fh
DAY OF • ) 04202Li
;'-\vC( 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
Not- ' Public State of Florida
My Commission Expires:
ERICA K.LEE
,: MY COMMISSION # GG 188537
'o ' EXPIRES: February 21, 2022
Bonded TMu Notary Public Underwriters
City of Miami Page 4 of 4 File ID: 4433 (Revision: B) Printed On: 9/2/2020
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Legal Description
Exhibit "A"
Lot 4R, Block 3, of the "Revised Plat of Portions of Blocks 1,2 & 3 of West Flagler Center, Le
Jeune Addition", according to the Plat thereof, as recorded in Plat Book 41, Page 11 of the Public
Records of Miami -Dade County, Florida.
Folio No. 01-4105-029-0260
This instrument prepared by, and after recording return to:
Name: Simon Ferro, Esq.
Address: 2525 Ponce de Leon Blvd.
Suite 1235
Coral Gables, FL 33134
(Snare recerved for Clerk of Court)
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PZ-19-2831
07/08/20
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2020, by a
having offices at (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, located at 4214 S.W. 3rd Street, Miami, FL, identified as Folio No. 01-4105-029-0260
and legally described in Exhibit "A" attached hereto and made a part hereof (the "Property");
and
WHEREAS, Owner holds fee simple title to certain property in the City of Miami,
Florida, located at 4200 S.W. 3rd Street, Miami, FL, identified as Folio No. 01-4105-029-0270
and legally described in Exhibit "B" attached hereto and made a part hereof (the "Adjacent
Property"); and
1
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
NOTICE
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WHEREAS, the Property is zoned T3-R in the City of Miami Zoning Map
use designation of Single Family Residential ("SFR"); and
WHEREAS, the Adjacent Property is zoned T6-8-O in the City of Miami Zoning Map
and has a land use designation of Restricted Commercial ("RC"); and
WHEREAS, it is the intent of Owner to develop the Property and the Adjacent Property
under one integrated plan of development with a single building spanning the boundary line
between the Property and the Adjacent Property ("Integrated Development"); and
WHEREAS, Owner has submitted an application to the City of Miami requesting a
rezoning of the Property from T3-R to T4-L together with a change in the land use designation of
the Property from Single Family Residential ("SFR") to Restricted Commercial ("RC); and
WHEREAS, in the event the Property is rezoned to T4-L and its land use designation is
changed to RC, the Owner freely, voluntarily and without duress makes the following
Declaration of Restrictions which shall apply to the Property upon the rezoning of the subject
Property.
NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, 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, grantees,
successors, and assigns as follows:
2
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
PZ-19-2831
07/08/20
1. Recitals. The recitals and findings set forth in the preamble of t
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are hereby adopted by reference thereto and incorporated herein as if fully set fo
Section.
2. Effect of Declaration. The Declaration shall only encumber the Property.
3. Integrated Development. In the event the Property and the Adjacent Property
are developed as the Integrated Development, either for lodging, residential use or any other use
permitted by the City of Miami zoning and land use code, the following conditions, restrictions
and criteria shall apply to the Property:
a) The Property may be used for ingress and egress to the Integrated
Development, and may contain parking spaces screened from public view, as well as a parking
ramp leading to second and third floor parking area only if and as permitted pursuant to the City
Code, as amended, and City Zoning Ordinance, as amended, and in accordance with all
applicable requirements.
b) The Integrated Development may include a single building structure
spanning the boundary line between the Property and the Adjacent Property, to create a single
unified building structure only if, and as permitted pursuant to the City Code as amended, and
City Zoning Ordinance, as amended, and in accordance with all applicable requirements.
c) No portion of a building on the Property shall be located closer than 12
feet to the west boundary line of the Property. The area within this 12-foot setback shall be
exclusively as open space and landscaping. No parking shall be permitted within the 12-foot
setback. No portion of a building on the Property shall be located closer than 10 feet to the
3
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
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north boundary line (fronting on S.W. 3rd Street) or closer than 11 feet to the south
of the Property. The setback between the Property and the Adjacent Property to the eas
0'.00".
d) The maximum lot coverage on the Property shall be 3,580 SF (58%).
e) Maximum number of stories of any structure located on the Property shall
be three stories and maximum height shall be 40 feet.
f) Not more than ten (10) lodging units or more than five residential units
shall be permitted on the Property.
g) Nothing herein contained in this Section or in this Declaration shall
prohibit Owner from requesting and obtaining relief from any section of the City of Miami
zoning and land use code or code of ordinances, including, by way of illustration and not
limitation„ rezonings, land use
determinations, and interpretations.
4. Public Benefits. The Owner hereby proffers the following public benefits, subject
to the conditions precedent in Section 5 of this Declaration, in connection with the rezoning.
(a) Job Creation and Employment Opportunities. Priority hiring shall be given
to those individuals residing near the project area and surrounding neighborhoods in the
following priority:
amendments,
warrants, waivers,
exceptions,
variances,
(i) 1st Priority: Those residing in the following ZIP codes in the City:
33134, 33126, 33135 and 33145
(ii) 2nd Priority: Those residing in all other areas of the City and County.
4
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
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(b) Street Trees. Owner will contribute Sixteen Thousand Dollars (
the City's Tree Trust Fund for the express purpose to cover the cost associated wit
eight trees along SW 3rd Street between SW 43`d Avenue and SW 42nd Avenue as part of the
Integrated Development. Any remaining funds from this contribution shall be expended in
accordance with Section 62-302 of the City Code.
(c) Public Art. Owner agrees to incorporate a public art component as part of
Integrated Development. Said public art shall be reviewed and approved by the Planning
Director or designee.
(d) Arts Funding. The Owner further agrees to contribute Two Thousand Five
Hundred Dollars ($2,500.00) to the City's Public Art Fund for the express purpose to support the
visual and performing arts programing at Kinloch Park Elementary in accordance with Section
62-661 of the City Code.
All public benefits, pursuant to this Section, with the exception of those listed in
subparagraph (a) and (c) shall be completed and fulfilled within 90 days of the expiration of all
applicable appeal periods for the rezoning of the subject Property.
5. Conditions Precedent. This Declaration shall become final and shall be recorded
in the Public Records of Miami -Dade County, Florida upon expiration of all applicable appeal
periods after the re -zoning of the Property.
6. 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
5
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
PZ-1 9-2831
07/08/20
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Public Records of Miami -Dade County, Florida. These restrictions shall be for
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PZ-19-2831
07/08/20
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7. 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.
8. 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, to restrain
violations or to recover damages. This enforcement provision shall be in addition to any other
remedies available under the law.
9. Amendment, Modification and Release. This instrument may be modified,
amended, or released as to any portion or all of the Property only after occurrence a public
hearing before the Planning Zoning and Appeals Board ("PZAB") and approval by the City
Commission. Any amendment, modification or release approved by the City Commission shall
6
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
be executed by the Planning Director and the Zoning Administrator, or their
designee, and be in a form acceptable to the City Attorney.
10. 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.
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1 1. Recording. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the
acceptance by the City and subject to Section 5, Conditions Precedent, herein. The Owner shall
furnish a copy of the recorded Declaration to the City Department of Hearing Boards within
thirty (30) days of recordation.
12. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
7
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
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IN WITNESS WHEREOF, the undersigned has set his hand and seal this
, 202
Witnessed by: Name of Owner
By:
Name: Name and Title
Name:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this day of ,
2020 by , of , who personally
appeared before me, is personally known to me or produced as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
8
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
APPROVED AS TO CONTENTS:
Francisco Garcia, Director
Planning Department
Joseph A. Ruiz
Zoning Administrator
9
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260
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07/08/20
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Exhibit "A"
10
Property address: 4214 S.W. 3rd Street, Miami FL
Property Folio No. 01-4105-029-0260