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HomeMy WebLinkAboutPZAB (7434) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-20-017 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 7434 Final Action Date: 7/1/2020 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE TO THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-L, "GENERAL URBAN TRANSECT ZONE — LIMITED" TO T5-O, "URBAN CENTER TRANSECT ZONE - OPEN" OF THE PROPERTIES LOCATED AT APPROXIMATELY 2824 AND 2828 SOUTHWEST 37 AVENUE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, properties located at approximately 2824 and 2828 Southwest 37 Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") are currently zoned T4-L, "General Urban Transect Zone — Limited" in the Zoning Atlas of Ordinance No. 13114, as amended, ("Miami 21 Code"); and WHEREAS, 2814/16 SW 37 ("Applicant") has submitted a request to the City of Miami ("City") to change the zoning classification of the Property to T5-O, "Urban Center Transect Zone - Open"; and WHEREAS, the Applicant has submitted a concurrent application (File ID No. PZ-19- 2863) to amend the Future Land Use Map ("FLUM") designation of the Miami Comprehensive Neighborhood Plan ("MCNP") for the Property from "Low Density Restricted Commercial" to "Medium Density Restricted Commercial"; and WHEREAS, the proposed "T5-O, "Urban Center Transect-Open, zoning classification would result in additional height, density, and building mass that is compatible with the existing uses to the north, south and east; and WHEREAS, the subject site consists of approximately 16,628 square feet (0.381 acre) in area; and WHEREAS, the Property consists of two (2) parcels currently developed with two (2) duplex -family residential structures, constructed in 1947 and 1965; and WHEREAS, the proposed rezone would further fortify a buffer of T4-L zoned parcels from the T6-8-O commercial corridor to the north; and City of Miami Page 1 of 3 File ID: 7434 (Revision:) Printed On: 7/7/2020 WHEREAS, the 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, 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, the PZAB has considered the Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B", which was voluntarily proffered by the Applicant limiting the development of the subject Property as summarized below: The Owner/Applicant shall provide a total of one (1) housing unit as a part of any multifamily residential rental or condominium development on the Property that shall be owner occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below eighty percent (80%) of Area Median Income based on Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Alternatively, the Owner/Applicant shall contribute $10,000 (ten thousand dollars) as a lump sum payment to the Public Benefit Trust Fund, prior to obtaining a building permit for any residential development on the Property. This condition applies only to Residential and Multi -family Housing development. WHEREAS, the recently adopted rezoning of the parcels to the north resulting in a Density increase, in addition to the proximity to the Douglas Road Metrorail Station, are the catalyst to a change in the area of the Property; and WHEREAS, the Property is located within the designated Transit Oriented Development ("TOD") area of the City, these TOD areas are deemed to be well -served by transportation and, therefore, are susceptible for increases in density, intensity and/or for parking reduction; and WHEREAS, the City's Planning Department recommends approval of the rezoning application; and WHEREAS, the Declaration of Restrictive Covenants does not affect review criteria and is not considered in the Planning Department's recommendation or analysis; and WHEREAS, the proposed zoning change is in keeping with the goals, objectives, and policies of the City's MCNP; and WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, the proposed zoning change is appropriate in Tight of the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 2 of 3 File ID: 7434 (Revision:) Printed On: 7/7/2020 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. The PZAB recommends that the City Commission amend the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from T4-L "General Urban Transect Zone — Limited" to T5-O "Urban Center Transect Zone -Open", for the property located at approximately 2824 and 2828 Southwest 37 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. PZAB recommends that the City Commission accept the voluntarily proffered Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B". Section 4. This Resolution shall become effective upon adoption by PZAB. r 6 Francco Garcia, Director ctr Depar nrof Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE • Personally appeared before me, the undersigned authority, 0 �W� Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed th- foregoing Resolution. d�l I 6a-0 Executio Date SW AND SUBSCRIBED BEFORE ME THIS ` ) DAY OF 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 , 202 Q Nc ary Public State of Florida My Commission Expires: ?, 'tiN"'?i••••••• ERICA K. LI E �!� .,, MY COMMISSION # Oe 188537 t;,�'�`• L�`:1 EXPIRES. February21, 2022 FOg P' Bonded Thru Notary Public Undorwriters City of Miami Page 3 of 3 File ID: 7434 (Revision:) Printed On: 7/7/2020 EXHIBIT A Address: 2824 SW 37 Avenue Folio No.: 01-4117-003-0050 This submittal needs to be scheduled tore public hearing i In accordan0ow0 melineaoetlorth i0the Cityof 1 MIaM the eInforeation atlth doo oo-making render ,Sewthelntamatlan tithe public hearing to rentler a recommendation or afio1deoidoo Lot 5, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. Address: 2828 SW 37 Avenue Folio No.: 01-4117-003-0080 Lot 8, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida. This instrument prepared by, and after recording return to: Name: Ben Fernandez, Esq. Address: Bercow Radell Fernandez Larkin & Tapanes, PLLC 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk of Court) V 4 4 € NOTICE The submittal needs to be scheduled (or apublic hearing In accordancewlth timelines set forth h the City of NJan'i Code. The apptleatle decision -making hody U review the Intone/don at the public hearing to render a recommendation se aNwl decision. PZ-19-2864 06/23/20 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2020, by 2814/16 SW 37, LLC, a Florida Limited liability company having offices at 85 Palm Avenue, Miami Beach, Florida 33139 (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 2824-2828 SW 37 Avenue in Miami, Florida, legally described in Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure and affirm that the Property shall be developed in accordance with the provisions of the Declaration herein. 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 NOTICE Thk submittal needs to be scheduled for apubllc hearing In accorden n with tlmegmx set forth h the Cry of Miami Code. The appll®Me dechion-making body Will review the Infmmadon et the public hearing to render a recommendation or afinal docidon. running with the land and binding upon the Owner of the Property, and its h successors, and assigns as follows: 1. Recitals. 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. 2. Use/Restriction or Contribution. The Owner shall provide a total of one (1) housing unit as a part of any multifamily residential rental or condominium development on the Property that shall be owner occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is at or below eighty percent (80%) of Area Median Income based on Area Median Income as published by the United States Department of Housing and Urban Development and certified by the Department of Community and Economic Development. Alternatively, the Owner shall contribute $10,000 (ten thousand dollars) as a lump sum payment to the Public Benefit Trust Fund, prior to obtaining a building permit for any residential development on the Property. This condition applies only to Residential and Multi- family Housing development. Prior to converting any of the Affordable or Work Force Housing Units from rental units to homeownership units, the Owner, or its successors or assigns, must request and receive written authorization from the City Manager. In the event that the conversion is authorized, the City and Owner shall coordinate to record covenants on individual units ("Individual Covenants") in a manner that creates the same amount of Affordable or Workforce homeownership units specified in this Declaration. Each Individual Covenant must (i) specify IE This subrrottal needs to be scheduled for apubllc hearing 1 in aceardancewllhtlmebnes set forth,thcCHyof M1gmnl Code.Theeppn®LIB public io hearing bodyera rebewU recommendation m anal nothe or deringlormdera recummendabon or enroll decdnon. the applicable AMI for any purchaser during the term of the Individual Covenant on the same date as the Covenant for Affordable or Workforce Housing; and In the event that any of the Work Force Housing Units are sold, the specific Unit(s) must be sold with a purchase cost equal to or less than the standards for those individuals whose income is at or below the AMI as established herein. Each Workforce or Affordable Force Housing Unit sold shall include a deed restriction that the Unit shall only be sold with a purchase cost equal to or less than the standards for those individuals whose income is at or below the applicable AMI as established herein and shall further indicate that the Unit shall only be rented to individuals whose income is at or below the AMI as established herein. The deed restriction must specify the specific applicable AMI. 3. Effective Date. This Declaration shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Declaration. This voluntary Declaration 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 Declaration 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. 5. Inspection. It is understood and agreed that any official inspector of the City may have the right at any time during normal working hours of the City'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 zoni are being complied with. Inn submittal needs to bo scheduled for a publk hearing In accordance vMh timelines set forth In the City of Mont Cade The appll®de decidan-meldng body Mt renew Matinee:mean at the pubic hearing to tender recammendabon or a final dcolMon gula kMs2864 06/23/20 6. Enforcement. 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, to recover damages, or for any other remedy available. In addition, any violation or noncompliance of this Declaration shall be immediately referred to the Code Compliance Department for enforcement proceedings, lien placement, and citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall be referred to the City Attorney's Office for enforcement, including but not limited to injunctive relief and/or any other remedies in law or equity. This enforcement provision shall be in addition to any other remedies available under the law. The use of one remedy shall not preclude the use of another. 7. Non -Compliance. Any violation or noncompliance of this Declaration regarding the affordable housing component shall result in a monetary penalty to be deposited into the Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any body or board including, but not limited, to the Code Enforcement Board. 8. Amendment, Modification, and Release. This Declaration may be modified, amended, or released as to any portion or all of the Property only after approval by the City Commission at a publicly noticed hearing. All costs, expenses, and fees a This subrretial needs to he scheduled for pubilo heorIng In accord moo with timelines sel forth Inthe city of Mlarnt Code The applicable decision -melting body wilt review the Information el the public heering to render a recommendation or allot declaim. gated RA4412864 06/23/20 releasing this Declaration shall be the sole responsibility of the party requesting the rele Any amendment, modification, or release approved by the City Commission shall be executed by the Planning Director, the Zoning Director, and the Housing and Community Development Director, or their successor, or designee, and be in a form acceptable to the City Attorney. 9. 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. 10. 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. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 11. 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 missubmittal needs to bescheduled for aputdk hearing In accordance with ttmetinea set forth In the city of Want C.Theeppgcade deciaianamalang body reviewSew Me Information at the public hearing to renderera a recommendationm aflmL de rion. IN WITNESS WHEREOF, the undersigned has set his hand and seal this , 2020. WITNESSES: OWNER: Signature Print Naive Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE 2814/16 SW 37, LLC By AMBR as the Managing Member / Partner of 2814/16 SW 37, LLC Name: Toni Alam Title: AMBR 85 Palm Avenue Miami Beach, Florida 33139 The foregoing instrument was acknowledged before me by means of U physical presence or ❑ online notarization this day of , 2020 by Toni Alam, authorized signatory of AMBR the Managing Member/ Partner of 2814/16 SW 37, LLC, on behalf of the limited liability company. He personally appeared before me, is personally known to me or produced as identification. Naive: Notary Public, State of Florida Commission No. My commission expires: This submittal reeds to be scheduledfor epublic hoodoo ho accordance? tlmeunm setetforth In the City of Miami Cede. Theosppd®Me decision -making body will review the Information at the pubic hearing to renderer a recommendation or afloat daddon. APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning Department Joseph A. Ruiz, Director Office of Zoning George Mensah, Director Department of Housing and Community Development APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez City Attorney ThN submittal needs to be scheduled for epublic hearing In accordance vMhtlmegna set forth ln the City of Miami Cade. The epptt®bte deolxion-mallnq body all reNew Ihelntormalon at the public hearing to render a recommendation or o final decl don. PZ-19-2864 1 EXHIBIT A Property Address: 2824-2828 SW 37 Avenue in Miami, Florida Folio Nos.: 01-4117-003-0050 and 01-4117-003-0080 Legal Description: Lot 5, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami - Dade County, Florida; and Lot 8, Block 1, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, according to the Plat thereof as recorded in Plat Book 2, Page 85, of the Public Records of Miami -Dade County, Florida