Loading...
HomeMy WebLinkAboutStaff Analysis and MapsCity of Miami Planning Department Amendment to Zoning Atlas (Rezone C n A V NOTICE This submittal needs b be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applicade decision -making bodywill rewew the information at the pubdc hearing to render a recommendation or a final decision. Staff Analysis Report No. PZ-19-2831 ,p� PZ-19- 04/21 Location 4214 SW 3 Street -v, Folio Number 0141050290260 RFVlE Miami 21 Transect "T3-R" Sub -Urban MCNP Designation Single Family Residential Commission District 4; Manolo Reyes NET District Flagami Planner Megan Echols, Planner II, MEchols@miamigov.com Property Owner Gilberto Padin ,Gilberto.Padin@gmail.com Project Representative Simon Ferro , Sferro@arhmf.com Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, the "Applicant," Simon Ferro, as representative for the owner, requests an amendment to the Miami 21 Code Zoning Atlas from "T3-R" Sub -Urban -Restricted to "T4-L" General Urban -Limited for a property located at 4214 SW 3 Street, Miami, Florida. Pursuant to Miami 21 Code, Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, the Planning Department recommends Approval of the Miami 21 Atlas amendment (rezone) of 4214 SW 3 Street from "T3-R" Sub -Urban -Restricted to "T4-L" General Urban -Limited based upon the facts and findings in this staff report. —Swrzrvosr T4-L T3. T4-L T4-L T3 R Existing Transect Zones 4214 SW 3 Street (site is outlined in red) I) Si l T4-L J r OM T4 �T4L f `-`— T T6$-0—sw.nr r'r T3 RR STHST— Proposed Transect Zones 4214 SW 3 Street (site is outlined in red) Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 1 831 /20 C. PROJECT DATA This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bodywill renew the information at the public hearing to render a recommendation or a final decision. SURROUNDING USES >4.IA. 04i211 Miami 21 Zoning MCNP (Density) Existing A. North T3-R/T4-L Single Fam Res. (9 du/a) / Med D. MF Res (65 du/a) Single Family/ PaVI Lot South T3-R/ T4-L Single Fam Res. (9 du/a) / Restricted Commercial (150 du/a) Single Family East T6-8-O Restricted Commercial (150 du/a) Office West T3-R Single Fam. Res (9 du/a) Single Family Table 1 D. BACKGROUND Proposal The Applicant proposes a change of zoning for a single parcel, from "T3-R" Sub -Urban - Restricted to "T4-L" General Urban -Limited. This amendment to the Miami 21 Zoning Atlas would prompt an accompanying amendment to the land use map. Concurrently, the Applicant proposes to amend the Future Land Use Map (FLUM) designation from Single Family Residential to Restricted Commercial. The companion FLUM amendment application for this rezone is ePlan File ID No. PZ-19-2689. Site Location & Surrounding Uses The Property consists of approximately 6,420 square feet (0.14 acre) in area and is a portion of the West Flagler Center Le Jeune Addition Subdivision (see Attachment 3). Currently, the Property is developed with a 1,610 square feet single-family structure, constructed in 1939. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 2 831 20 NOTICE This submidel needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-mahing bodywill renew the information at the public hearing to render a recommendation or a final decision. PZ-19-2831 04/21/20 Figurel: South view of property with existing single-family structure The subject parcel fronts SW 3 Street and is in close proximity to major thoroughfare, SW 42 Avenue (S Le Jeune Avenue is also known as Florida 953). The portion of SW 3 Street where the subject parcel is fronted, terminates at SW 42 Avenue and is entirely fronted by single-family structures constructed between the 1930s and 1950s westward from SW 42 Avenue. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 3 4 0 4- SWi. ND ST aliaw I IFINM 111111101 71301111011 Mil II COMEIP 111213111 0 125 250 500 Feet I 1 1 I 1 I 1 I aWl 4 `ST • SW,5TH ST ADDRESS: 4214 SW 3 ST SUBJECT PROPERTY NOTICE This submittal needs to be schedule) fora pubic hearing In accordance wM1h timelines set forth in the City of Mlaml Code.The applica decision-mahing body ...IC review the information at the public hearing to render a recommendation or a final lecision. Figure 2: Aerial of subject site outlined in yellow 44, ReVI EW CO' PZ-19-2831 04/21/20 SW 42 Avenue is an aging commercial corridor with direct access to Miami International Airport. Parcels along this thoroughfare are generally zoned T6-8-O. The avenue is generally composed of low -scale commercial and multi -residential structures. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 4 Figure 3: View South of Le Jeune Road/ SW 42 Avenue The SW 42 Avenue This submittal needs to be schedule) fora pubic hearing In acooraancewM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodysalIL renew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 04/21/20 commercial corridor has an area zoned T4-L buffering it from the single- family residential area to the SWzluo sT T41L west. SW 2ND ST— CI SW2 DITER T4-3, SW SRD ST T3 R SW 4TH ST i4-L SW 5TH 5T --- I3 T64.14O—sw 4MIST T3 R SW 5TN ST— Figure 4: Existing Zoning This buffer is only present on the western edge of SW 42 Avenue and has an irregular boundary line (see Figure 4). The proposed rezone would further fortify this buffer of T4-L parcels between the T6-8-O zoned corridors. The introduction of the T4-L also encroaches into the T3-R zone approximately 38' further west into the existing single- family area. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 5 4 6`.; a� Covenant NOTICE NOTICE This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 04/21/20 The Applicant has submitted a voluntary declaration of restrictive covenants (see Atta:AD GO�4`' for full covenant). Upon approval of the change of zoning, the owner declares the followin• conditions for the subject 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 in accordance with all applicable criteria pursuant to City code 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. 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 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". 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. Restrictive Covenant Analysis for 4214 SW 3 Street Proposed By Right (T4-L) Restrictive Covenant Western Setback 5' 12' Lot Coverage 60% max T4-L 58% Stories (Height) 3-Stories 3-Stories Units Calculated by building form 10 lodging or 5 Residential Table 3 Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 6 PUel./ Public Benefits The final submitted covenant also declares the following public benefits, to be fulfilled within 90 days of the expiration of all applicable appeal periods for the subject property: osa� NOTICE This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applies tie decision -making body ...AL renew the information at the pubec hearing to render recommendation or a final decision. A. Job Creation and Employment Opportunities. Priority hiring shall be given individuals residing near the Project area and surrounding neighborhoods in the following priority: a. 1st Priority: Those residing in the following ZIP codes in the City: 33134, 33126, 33135 and 33145 b. 2nd Priority: Those residing in all other areas of the City and County. B. 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. 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. Covenant is attachment A. Demographics PZ-19-2831 kfr 04/21/20 9.\'44/ A.._�! EW CO. The Property is part of the US Census Block 120860036011. According to the American Community Survey (ACS), 5-year estimates (2013-2017), the median household income for the block group is $12,103, which is slightly more than one-third of the median household income for Miami ($33,999) and about one-fourth of the median household income for Miami -Dade County ($46,338). The Census Block Group in which the Property is located has a total of 999 households with a total of 1,055 housing units. The percentage of families living in poverty in this Block Group is 45.2 percent, which is lower than both the City (18.6%) and County (15.5%). The same ACS 5-year estimate data showed that most households (99.1 %) in the subject Block Group rented their homes, as do most households in the Block Groups located to the west of the Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 7 Property. The median rent for a unit in the Block Group is $381. Surroundin typically had a median gross rent between $1,010 and $1,962. This information is the table below. ,gyp PUBji Q. NOTICE GI This submlttaf needs to Ix scheduled for a public hearing in accordance with dmefines set forth come City of Miami Cede.The app{iralie decision -making bodywiff renew the information at the public hearing to render a recommendation or a final dec.ie on. PZ-19-2831 04/21/20 Collected Census Data Topic Data' Number of Households 999 Number of Housing Units 1,055 Median Household Income $12,103 (City of Miami: $33,999) Percent of Families under the Poverty Line 45.2% Percent of Households that rent 99.1% Median Rent $381 (43.9% Rental cost burdened) Unemployment Rate 20.8% fable 4 1. Data was retrieved from the U.S. Census Bureau. Data from the Decennial Census and the American Community Survey was compiled for this report. E. ANALYSIS Miami Comprehensive Neighborhood Plan (MCNP) Per the Correspondence Table - Zoning and Comprehensive Plan of the adopted Future Land Use Map (FLUM) of the Miami Comprehensive Neighborhood Plan (MCNP), the requested change of zoning from T3-R to T4-L does not conform with the property's current future land use (FLU) of Single Family Residential. As a result, the Applicant has submitted a FLUM Amendment which would change the property's FLU to Restricted Commercial (File ID No. PZ-19-2689 LU). The subject parcel and parcels west, north, and south of the subject parcel have a Future Land Use designation of Single Family Residential. The areas directly east and south of the subject parcel are designated as Restricted Commercial. The parcel directly north of the subject parcel is designated Medium Density Residential (see Table 5). The current Single Family Residential FLU designation is intended for single-family structures of one dwelling unit at a maximum density of 9 dwelling units per acre. Limited services such as places of worship and schools are allowed in Single Family Residential. The proposed zoning changes would require an amendment to the Future Land Use Map (FLUM). A FLU change to Low Density Restricted commercial would be sufficient for the proposed T4-L General Urban -Limited transect zone. The Applicant has requested to continue the Restricted Commercial FLU category from parcels to the east and south onto the subject parcel. Restricted Commercial land use is equivalent to High Density Multifamily Residential and would allow all forms of residential uses. The category also allows general office uses, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 8 and secondary schools. Also allowed are commercial activities that generally retailing and service needs of the public. ct NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The epplicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 Existing and Proposed Future Land Use Designations — Site has bolded o ► ?'eipE�---- G0 II f 4'. s bliY F In TF"' pAnd i NIHflL Irk I _ BJp TER LSW NNINNNN maaiam oeee Re l en al 111 maalem oQ Re Re snr Re Wen demil �tlenr I o sw MD sr . , rr swII sr I Sin®le Family NN N sw 1 SinRgls 1� Familp ` aTM ST -li idantial NN •''In' mm nI s.� NNNI _. idenbpl NN Past cdmma it SW < SIN nx sTSW INNNNII N■1 1 1 .1.181r _ sw�sms _ iIIIIIIF •� M STH Sr SW.SW sr . .1 Existing Future Land Use Map Proposed Future Land Use Map Table 5: Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 9 G 0 4- 4 PUel./ Miami 21 Code The Property and parcels west, north, and south of the subject parcel are curre R and parcels north and south of the subject parcel are zoned T4-L and T3-R adjacent to the east of the subject parcel and fronts SW 42nd Avenue is zoned T Figure 4 page 6). NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Mlaml Code. The applica decision-makIng body will reAew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 04/21/20 • 4.4-VIEW CO" The proposed zoning change would provide a buffer to the existing T3-R zone from the higher impact T6-8-O zone corridor along SW 42nd Avenue and extend the buffer further west into the T3-R zoned single-family neighborhood. T3-R transects allow single-family residences and limited civic and educational uses such as educational and places of religious assembly. T4-L transects allow a variety or residential housing types, limited commercial, office, civic and educational uses (see comparison table 7, page 12). Zoning Comparison Transect Development Standards Development Standards LOT SIZE 6,420 Existing Zoning Proposed Zoning TRANSECT T3-R T4-L DENSITY 9 du/ac 36 du/ac Total Max. Units 1 units 5 units HEIGHT Minimum N/A N/A Maximum 2 stories (25') 3 stories (40') Maximum Benefit Height N/A N/A LOT COVERAGE Maximum 50% 60% GREEN/OPEN SPACE Green/Open Space Min. 30% 15% Table 6 Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 10 Uses Comparison Chart (Excerpt: Article 4, Table 3 Building Function: Uses; Miami 21) DENSITY (UNITS PER ACRE) RESIDENTIAL SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE LIVE - WORK WORK - LIVE LODGING BED & BREAKFAST INN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIALESTAR_ ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB_-ADULT FOOD SERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB_ GENERAL COMMERCIAL MARINE RELATED COMMERCIAL ESTAB. OPEN AIR RETAIL PLACE OF ASSEMBLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILRY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGE! UNIVERSITY ELEMENTARY SCHOOL LEARNING CENTER MIDDLE / HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING/VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL ESTBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY Table 7 T3 SUB -URBAN R L 0 9 16 R R R R R R R R R R R E E E E E E w w w E E E E E E E E E T4 URBAN GENERAL R L 0 36 36 36 R R R R R R R R R R R R R R E E R R R R R w R R R R R R R R E E R R w w E R R E R R w w w w w E w w w w w w E w w E E E E E E E E E E E R R E NOTICE This submittal needs to be scheduled fora pubic hearing In accordance w0 h timelines set forth in the City of Mlaml Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. 44, REVIEW CO PZ-19-2831 04/21/20 Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 11 4 (. ' 0 4- :."o a; Rezoning Criteria Miami 21: Section 7.1.2.8 - Amendments to Miami 21 Code In accordance with Article 7, Section 7.1.2.8.a, a change may be made to a transect manner which maintains the goals of Miami 21. The recommendations of the Planning, Zo and Appeals Board shall show that the board has considered and studied the application in regard to the following criteria: NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable decision-makIng bodywill renew the Information al the pubic hearing to render a recommendation or a final decision. PZ-19-2831 04/21 /2o Criteria 1 cotes 7.1.2.8.f.1.a "The relationship of the proposed amendment to the goals, objectives and policies of the 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 other city regulations." Analysis Policy LU-1.1.3: "The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; ...Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations." Analysis LU-1.1.3 The proposed zoning change will allow for buffering between the single-family neighborhood and the increasing commercial development on SW 42nd Avenue. The current zoning designation ("T3-R") does not provide a proper transition from the "T6" zoned properties along Le Juene Road to "T3" zoned properties on the edge of the neighborhood. The subject site's proposed "T4-L" designation would buffer the residential neighborhood from more intense "T6" Uses to the north. This may prevent encroachment of incompatible land uses between the T3-R zoned single family neighborhood and the T6-8-O zoned commercial corridor. Policy LU-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. Analysis LU-1.1.7 The proposed zoning change would require a change in the Future Land Use (FLU) designation of the subject parcels from "Single Family Residential" to a minimum of "Low Density Restricted Commercial." Updating the FLU category to a higher category will allow for the development of a fuller range of uses including residential, office, live/workspaces, and neighborhood retail. The proposed amendment has the potential to provide an opportunity for economic development with the potential to create jobs. Changing the FLU and transect zone of the will make the adjacent Le Jeune Corridor more attractive for new development. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 12 4 Policy LU-1.6.9: "The City's land development regulations will e to mitigate the potentially adverse impacts of new devel neighborhoods through the development of appropriate trans/ buffering requirements." •' G 0 4- a. Analysis LU-1.6.9 The proposed zoning change will fortify the existing the T3-R zoned single family neighborhood and the T6-8-O zoned commer and will mitigate the potential adverse impacts of new development on the existing neighborhoods as the commercial corridor continues to redevelop. NOTICE This submittal needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the Oty of Miami Code. The applies hie decision -making body ...AIL review the informagon at the pubbc hearing to render a recommendation or a final decision. PZ-19-2831 04/21/20 Finding Criteria 1 !E In accordance with Article 7, Section 7.1.2.8 (f)(1)(a) of Miami 21 Code, the requested change in zoning is consistent. Criteria 2 Analysis for Criteria 2 7.1.2.8.f.1.b. "The need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Finding Criteria 2 By reviewing historic plats and building information there is a trend in parcels that have been redeveloped in the past 20 years along the NW 42 Avenue. The commercial corridor has assembled parcels westward and eastward into residential areas or assembled parcels (north -to -south) along NW 42 Avenue. Parcels along the NW 42 Avenue corridor are generally deeper north of Flagler Street, while not having a T4-L buffer. The proposed zoning change will create a T4- L buffer that will allow for the adjacent parcel along NW 42 Avenue to develop at a higher intensity with accompanying less intense development or parking facilities on the T4-L buffer area. In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the requested change in zoning is consistent. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 13 4 (. ' 0 4- Criteria 3 Analysis Criteria 3 Section 7.1.2.8.f.2. "A change maybe made only to the next inten by a Special Area Plan, and in a manner which maintains the g Code to preserve Neighborhoods and to provide transitions in int Height." NOTICE This submittal needs to be achedu led fora public hearing In accordance whh timelines set forth in the Gty of Miami Code. The applied de decision -making body will rowew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 04/21/20 44, ReVI EW CO Section 7.1.2.8 (a) establishes that changes shall occur in succession, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. The proposal maintains the goals of Miami 21 by providing an improved buffer between commercial uses within "T6" zoned properties to the east and the low -scale residential "T3" zoned neighborhood to the west. The proposed zoning change meets the criteria of section 7.1.2.8(a)3 which requires that all successional zoning changes of less than nine acres, as the proposal request zoning change from T3 to the T4 Transect Zone. Finding Criteria 3 Pursuant to Article 7, Section 7.1.2.8.a of Miami 21 Code, the request to rezone is consistent with the Miami 21 Code. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 14 CONCLUSION Based on Planning staffs analysis of the surrounding context, the Miami 21 goals and objectives of Miami 21 and the MCNP, the request to rezone the prop SW 3 Street from T3-R Sub -Urban Restricted to T4-L General Urban -Limited is supp This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Code.The applicade decision -ma king body will renew the information at the pubdc hearing to render a recommendation or a final decision. The requested change would allow a maximum density, intensity, and height that is compatible with the existing context and the Miami 21 principal of transitional zoning. The introduction of limited Residential, Commercial, and Office Uses, compliments the existing areas adjacent to the Property. The Planning Department recommends Approval of the Miami 21 Atlas amendment (rezone) based upon the facts and findings in this staff report. As part of the requested change in zoning, the Applicant has proffered a draft Restrictive Declaration Covenant. Should the requested change be approved, the covenant would legally restrict the uses, size, and setbacks of construction on the property and require the owner to proffer various public benefits; the covenant was not a consideration in staffs analysis. Jacqueline Digitally signed by Ellis, Jacqueline Date: 2020.04.21 09:50:28 -04'00' Attachments: Attachment A — Covenant Attachment B — Photos Attachment C — Legal Description, plat NOTICE The final decision may be appealed by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Ave., 3rd Floor, Miami, FL 33130 Telephone number (305) 416-2030. Staff Analysis Report No. PZ-19-2831 (4214 SW 3 Street) — Page 15 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 fSnace reserved for Clerk of Court) 4 G'' 0 4- a. NOTICE This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. 44, ReVI EW CO' 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 4 (. ' 0 4- WHEREAS, the Property is zoned T3-R in the City of Miami Zoning Map use designation of Single Family Residential ("SFR"); and NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. 44, ReVI EW CO PZ-19-2831 07/08/20 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 4 (. ' 0 4- 1. Recitals. The recitals and findings set forth in the preamble of th are hereby adopted by reference thereto and incorporated herein as if fully set fo Section. NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Mlaml Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 07/08/20 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 This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-mahing bodywIIL renew the information at the public hearing to render a recommendation or a final decision. 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". PZ-19-2831 07/08/20 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) lst 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 This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-mahing bodywill renew the information at the public hearing to render a recommendation or a final decision. (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 PZ-19-2831 07/08/20 eight trees along SW 3rd Street between SW 43rd Avenue and SW 42'd 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 4 (. ' 0 4- Public Records of Miami -Dade County, Florida. These restrictions shall be for NOTICE This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applica decision-makIng body will renew the Information at the public hearing to render a recommendation or a final decision. and a limitation upon, all present and future owners of the Property and for the public w PZ-19-2831 07/08/20 -Rb! EW CO'0'ic. 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. NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Mlaml Code. The applica decision-makIng body will re1ew the Information at the public hearing to render a recommendation or a final decision. 44, REVIEW CO PZ-19-2831 07/08/20 10. Severability. 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. 11. 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 This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. 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 2020 by , of appeared before me, is personally known to me or produced PZ-19-2831 07/08/20 _ day of , who personally 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 4 (. ' 0 4- 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 NOTICE This submidel needs to be scheduled fora public hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-mahing bodywIIL renew the information at the public hearing to render a recommendation or a final decision. 44, REVIEW CO' PZ-19-2831 07/08/20 Exhibit "A" 10 Property address: 4214 S.W. 3rd Street, Miami FL Property Folio No. 01-4105-029-0260 NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. 44, REVIEW CO' PZ-19-2831 07/08/20 Attachment B View SW of existing structure (yellow) on subject parcel along SW 3 Street NOTICE This submidel needs to be scheduled fora public hearing In accord and wtl timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 03/13/20 PZ-19-2831 (4214 SW 3 Street) This su brink -tat needs to be scheduled for a public hearing In accordance wNa tl melines set forth in the city of Miami Cede_ The applia de decision -malting body will rewew the in fonnaton at the pubc hearing to render a recornrnendoion or a final decision. View West from corner of SW 3 St and S Le Jeune Rd of adjacent property (foreground) and subject property (rear) PZ-19-2831 (4214 SW 3 Street) 1,111141 ! II V114111 View south of proximity of subject property to adjacent property to the west NOTICE This submittal needs to be scheduled fora public hearing In accordance vital i melines set forth in the city of Miami Cede_ The a pplia de decision -malting body will rewew the in fonnaton at the pubUc hearing to render a recornrnendoion or a final decision. PZ-19-2831 03/13/20 PZ-19-2831 (4214 SW 3 Street) View West of SW 3 Street This submittal needs to Ix scheduled for a public hearing In accordance will u melines set forth in the city of Miami Cede_ The applia de decision -malting body will rewew the in fonnaton at the pubUc hearing to render a recornrnendoion or a final decision. PZ-19-2831 03/13/20 PZ-19-2831 (4214 SW 3 Street) View South of SW 42 Ave This submittal needs to Ix scheduled for a public hearing In accordance will u melines set forth in the city of Miami Cede_ The applia de decision -malting body will rewew the in fonnaton at the pubUc hearing to render a recornrnendoion or a final decision. PZ-19-2831 03/13/20 PZ-19-2831 (4214 SW 3 Street) View south of SW 42 Avenue This su brink -tat needs to be scheduled for a public hearing In accordance wIa tl melines set forth in the city of Miami Cede_ The applia de decision -malting body will review Me infonnaton at the pubc hearing to render a recornrnendoion or a final decision. PZ-19-2831 03/13/20 PZ-19-2831 (4214 SW 3 Street) View north of SW 42 Avenue This submittal needs to Ix scheduled for a public hearing In accordance will u melines set forth in the city of Miami Cede_ The applia de decision -malting body will rewew the in fonnaton at the pubUc hearing to render a recornrnendoion or a final decision. PZ-19-2831 03/13/20 PZ-19-2831 (4214 SW 3 Street) This au brnittaL needs to be scheduled for a public hearing in accordance with timelines set forth in the City or Miami Code. The spoke Ile decision -reeking body wIl review the information at the public hearing to render a recommendation or a final decision. 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 5 frk Gene/> ¢., ST. QEV/5ED PLAT OF P0,2T/ONS OF BLOCKS /e25Y3 OF • LE ✓ELJNE ADD/T/ON^' OF SEC. 5, 2GE. 4/•E. M/AM/ DADE COUNTY FLO2/DA -ii InNeele AL, p/o nin eo�efar�;o t F.� e,�aaiy.� {na ra�a rm ,h ann Lsleena AdJ/igr+. L,a Sm conned nb c por' o e f:r ./{s A,onno.ehe unfdu/urpr:�qo: AO. .o,;r of o o<oA a,. - a ricer or, h aoanoo/e +-fie i'ea nn nnoa. aj..{a or' an a�a.'dNre:, d Znene. bide, o�Laleuna 'e ama we ,.nfbe{h pd .dnaa coufih c neon t ,na of hee- [, oainaw/uo'gad {ian thereof fo be it n ✓ d nonCfl hey lfi�ed fhere{e{ f ennin/cg' ce%al eel ' r. be, ono' ,.;td inhB{ �o°e n, oxeMa,an% an ore f PerP> n. yn and and oneinio/ sea/ en ,ao/daLeanne, and sta{e {no'd`o m eb nano, aow,o, sfo+fr atFier//.o, Lew rni.,cmean .,{,ore Appewad c� �iyned / IPtv-42, te.ir,;, or,«fer u! ,, b/n serrrce .v yer .eaoe ed, d d ead � y© rtAe�n gs a; e,>o� �.wntr �` prora c`.l{.,...dcewdr,...r 54.,edA�-�..c.✓L6USt67`e „fy E.¢EB✓ C r/FY'- >ha{ {he on/oohed 'en, � f.ue andco..+rc) oen{ofr. a fna n/d '. r uya p/w{fad under n thaf { ..eni 4 F rex®N anfa ry nP f A Zere, 0 .. ,. /, haP ar or v.� rr r.5. J�eurra FQha sf fc mFF/wMunu ey �. Req aie "e eeng/eeer /v✓a.;5 :. c Oi F<aZOA ' ee r ha/7 alr * / s {ft/a.p coedte,.aya'Piv.. eh� needs., 0.ede.az>5{%',o o'n f5's of of Fa idv�or o chcp offM cireuieConeeGc�'su Oafufy c/.F AERIAL ePLAN ID: PZ-19-2831 REZONE N 0 125 250 500 Feet 111111111 This submidel needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicade decision-makIng bodywill renew the Information at the public hearing to render a recommendation or a final decision. PZ-19-2831 03/13/20 ADDRESS: 4214 SW 3 ST SUBJECT PROPERTY 4 SW 2ND ST MIAMI 21 (EXISTING) EPLAN ID: PZ-19-2831 REZONE CI 1 SW 2ND TER= T4-L SW 3RD ST T3-R SW 4TH ST— w J Q 0 T4-L Z —SW5THST— ( SW 2ND ST NOTICE This submittal needs to be scheduled fora pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable decision-makIng bodywill renew the Information al the pubic hearing to render a recommendation or a final decision. PZ-19-2831 03/13/20 Q RE1/! Ew CO T6-8-O SW 4TH ST T3 R w SW•5TH ST 0 N ADDRESS: 4214 SW 3 ST 0 125 250 500 Feet PU$11C SW 2ND ST M IAM 121 (PROPOSED) EPLAN ID: PZ-19-2831 REZONE CI SW 2ND TER- T4-L SW3RD ST T4-L T3-R `1Q. 1Y flp� NOTICE SW 4TH ST— w Q 0 Z N —SW5TH•ST—• ( T4-L SW2ND:ST This submittal needs to be scheduled for a pubic hearing In accordance wM1h timelines set forth in the City of Miami Code. The applicable decision -making body will renew the information al the pubic hearing to render a recommendation or a final decision. %/, PZ-19-2831 03/13/20 A V� REVIEW CO T6-8-O—SW 4TH ST T3 R w SW'5TH ST i N ADDRESS: 4214 SW 3 ST 0 125 250 500 Feet PLANNING DEPARTMENT Project Fact Sheet This document is used to provide a summary for Planning Department related proj PROJECT INFORMATION Project Name: PZ-19-2831 Project Address: 4214 SW 3 ST APPLICANT INFORMATION Company Name: Primary Contact: Simon Ferro Email: sferro@arhmf.com Secondary Contact: Email: NOTES Accompanying FLUM amendment PZ-19-2689 Lead Staff: Megan Echols Principal Division: Land Development Email: mechols@miamigov.com ct NOTICE This submittal needs to be scheduled for a public hearing In accordance Intl timelines set forth in the City of Miaml Code. The applica de decision -malting body rewewthe information at the public hearing to render a recommendation or a final decision. PZ-19-2831 03/13/20 PROJECT DESCRIPTION Rezone/ Amendment of the Miami 21 Atlas of 4214 Webs Link(s): BOARD REQUIREMENTS n HEPB n PZAB n UDRB n WDRC n City Commission n AIPP GRAPHIC(S) AERIAL ePLAN ID. PZ-19-2831 REZONE mama • ■.1Ii®21®.®Pi k. NE ®fir MI AERIAL r9 rrI 3Ik ! t ►�i 4.3183417-, " 'm ,irk: arcc Transect Zone(s): T3-R Commissioner District(s): 4 ; Reyes NET Office(s): Flagami 125 SUBJECT PROPERTY Department Director: Francisco Garcia Revision Date: 1/15/2020