HomeMy WebLinkAboutStaff Analysis and MapsCity of Miami
Planning Department
ANALYSIS FOR
KtLUNINCI
Staff Analysis Report
No.
PZ-19-2864
Location
2824 and 2828 SW 37 Avenue
Folio Number
0141170030050, and 0141170030080
Miami 21 Transect
"T4-L" General Urban -Limited
MCNP Designation
Low Density Restricted Commercial
Commission District
District 2 (Commissioner Ken Russell)
NET District
Coral Way NET Area
Planner
Sergio Garrido, Planner II
Property Owner
2814/16 SW 37, LLC
Project Representative
Ben Fernandez, Esq., bfernandez@brzoninglaw.com
A. REQUEST
Thlc submittal needs to be scbetluled fora public hewing
In accordance will tlmellnes set forth In the City m
Miami Code. The applicable decision -making hotly will
re.ewtle information at the public hearing to render a
recommendation or a final decision.
Pursuant to Article 7, Section 7.1.2.8, of Ordinance 13114, (the "Miami 21 Code") as amended, 2814/16 SW 37,
LLC (the "Applicant") requests a change of zoning of 2824 and 2828 SW 37 Ave. (the "Property") from "T4-L"
General Urban Transect Zone - Limited to "T5-O" Urban Center Transect Zone -Open.
Below, outlined in red, is the Property proposed to be rezoned.
T3-0
Existing Zoning Classification
T4-L
T3-0
Proposed Zoning Classification
B. RECOMMENDATION
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 request to rezone from "T4-L" General Urban Transect Zone — Limited
to "T5-O" Urban Center Transect Zone -Open for the properties located at 2824 and 2828 SW 37 Avenue, Miami,
based upon the facts and findings in this staff analysis.
Illustration 1: Subject aerial view of Property outlined in red
Page 1 of 9
al needs to Ix schetluled fora public hearing
m wllh tlmellnes set forth In the QV of
e. The applicatle deeision-making hotly will
information at the public hearing to render a
ommendation or a final decision.
C. BACKGROUND
The subject Property and the five properties abutting to the north (3700 SW 28 St., 2810, 2814, 2816, and
2818 SW 37 Ave.) have the same ownership.
On April 12, 2018, the City Commission approved request for a Future Land Use Map (FLUM) amendment
from "Low Density Restricted Commercial" to "Medium Density Restricted Commercial" and a request to
rezone from T4-L to T5-O for the properties located directly to the north of the Property, (Ordinance 13764
and Ordinance 13765 respectfully), approximately located at: 3700 SW 28 St., 2810, 2814, 2816, and 2818
SW 37 Ave. This rezone was accompanied with a voluntarily proffered a Declaration of Restrictive
Covenants.
Since the rezone of the five properties to the north, the Applicant has submitted a change of zoning for 2824
and 2828 SW 37 Ave (the "Property") directly south of the previous rezone.
The Property is comprised of two parcels generally located at 2824 and 2828 SW 37 Ave. as depicted in "Table
No. 1: Property description and rezoning request". Legal description of the properties is hereby incorporated
in "Attachment A".
Table No. 1: Property description and rezoning request
Address
Lot Size
(Sq Ft )
Zoning Classification
Future Land Use
Current
Proposed
Current
Proposed
2824 SW 37
Ave.
8,314
"T4-L" General
Urban Transect
Zone - Limited
"T5-O" Urban
Center Transect
Zone -Open
Low Density
Restricted
Commercial
Medium Density
Restricted
Commercial
2828 SW 37
Ave.
8 314
16,628
Both parcels are developed with duplex residential structures, city records report the structure built on the
property located at 2824 SW 37 Avenue has an Adjusted Area of 2,031 Sq. Ft. and was built in 1947, while
Page 2 of 9
PUBL/c
ti
the structure built on the property located at 2828 SW 37 Avenue has an Adjusted Are
was built in 1957.
Table No. 2: Existing Neighborhood Characteristics_
Zoning Future Land Use Designation
Subject Property: T4-L (General Urban - Low Density Restricted Commercial
Limited) Maximum 36 D.U. / acre
0
<r
a
North: T5-O (Urban Center -Open)
Medium Density Restricted
Commercial
Maximum 65 D.U. / acre
East: T4-L (General Urban - Limited) Low Density Restricted Commercial
Maximum 36 D.U. / acre
South: T4-L (General Urban - Limited) Low Density Restricted Commercial
Maximum 36 D.U. / acre
West: T3-O (Sub -Urban - Open) Duplex — Residential
Maximum 18 D.U. / acre
1,920 Sq.° fit. and
NOTICE
Thlc submittal needs to be scheduled fora public blearing
In accordance will tlmellnes set forth In the city of
Miami Coble. The applicable decision -making hotly will
reMewtle information at the public hearing to render a
recommendation or a final decision.
PZ-19-2864
04/07/20
ti"
VIEW CC'�4
D. COMPREHENSIVE PLAN
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 T4-L to T5-O does
not conform with the property's current future land use (FLU) of "Low Density Restricted Commercial". As a result,
the Applicant has submitted a FLUM Amendment which would change the property's FLU to "Medium Density
Restricted Commercial" (File ID No. PZ-19-2863).
Illustration No. 2: Future Land Use (FLU): existing and proposed designation
Existing: "Low Density Restricted Commercial" Proposed: Medium Density Restricted Commercial
PlaNtriclvd
Cci rioltol
Diip I4x P?' lljnil Pl kl
R9 rensi pn
dilpl��.r��,l
C:,'„TiE rc3.
Duplex -Residential
t
rsecres ion
nu plex.Resld
Page 3 of 9
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E. ANALYSIS
The Property is located on the west side of the 37 Avenue corridor, (also known as 'D
is within a Transit Oriented Development (TOD) area, for which Miami 21 Code contains
for qualified projects, to allow them for increase of Density and parking reduction, given th
Douglas Road Metrorail Station.
.J�
NOTICE
Thlc submittal needs to be schediled fora put. hearing
In accordance wall timelines set forth In the City of
Miami Code. The appkafle decision -making body will
review tfle Infonnatlnn at the public hearing to render a
recommendation or a final decib on.
s RBadlgy?:''d it
�.�I 119i@Iftion Qv�
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The Miami 21 Code defines Transit Oriented Development as, "A designation established by the City within
the Pedestrian Shed or Bicycle Shed area of a convergence of modes of transit, or a train station". The shed
area is measured in time, with approximately 10 minutes for pedestrian shed and approximately five minutes
for bicycle shed.
The Property is also well served by designated city and county parks; it is located 150' from Douglas Park
and .33 miles away from the "Underline Park".
This is not the first rezone application of this type in the area. On April 12, 2018, pursuant to Ordinance 13765,
the properties directly north of the Property (3700 SW 28 St, 2810-2818 SW 37 Ave.), were rezoned from the
T4-L to T5-O Transect. As part of this rezone a companion application was approved which granted a Future
Land Use designation amendment from "Low Density Restricted Commercial" to "Medium Density Restricted
Commercial".
On November 21, 2019, pursuant to Ordinance 13879, the properties located at approximately 3640 Bird
Avenue, 3601 Bird Road, and 3555 Southwest 29 Terrace were granted with the Future Land Use change from
"Light Industrial" to "General Commercial" and the rezone from D-1 to T5-O; also to the south, the properties
located at approximately 3640 Bird Avenue, 3601 Bird Road, and 3555 SW 29 Terrace were granted with the
Future Land Use change from "Low Density Restricted Commercial" to "General Commercial" and the rezone
was granted from D-1 to T5-O.
Given the Future Land Use and zoning changes that has been taken place in both ends of the stretch of the
corridor represented by 37 Avenue from the Douglas Park to Bird Avenue, the Planning Department of the
City of Miami has initiated a study to determine what would by the right Future Land Use designation as well
as the right zoning classification to promote the renovation of the structures and the economic reactivation of
this portion of the corridor.
Miami 21 Code
Table No. 3: Transect Zone Comparison Chart
Transect Development Standards
Existing Zoning
Proposed Zoning
TRANSECT J
T4-L
T5-O
DENSITY '
36 du/ac
65 du/ac
Max. Units Based on Property Size
13 units
24 units
HEIGHT
Minimum
N/A
2 stories
Maximum
3 stories (40')
5 stories (81')
Maximum Benefit Height
N/A
N/A
LOT COVERAGE
Maximum
60%
80%
Page 4 of 9
The requested T5-O Transect Zone allows for 65 DU/acre and a larger array of uses when
allows for 36 DU/acre as depicted in the following Excerpt of Article 4, Table 3 of Miami 21 Co
Excerpt of Article 4, Table 3 of Miami
21 Code.
T4-L
T5-0
DENSITY (UNITS PER ACRE)
36
65
RESIDENTIAL
SINGLE FAMILY RESIDENCE
R
R
COMMUNITY RESIDENCE
R
R
ANCILLARY UNIT
R
R
TWO FAMILY RESIDENCE
R
MULTI FAMILY HOUSING
R
R
DORMITORY
E
R
HOME OFFICE
R
R
LIVE - WORK
R
R
LODGING
BED & BREAKFAST
R
R
INN
R
HOTEL
R
OFFICE
OFFICE
R
R
COMMERCIAL
AUTO -RELATED COMMERCIAL ESTAB.
W
ENTERTAINMENT ESTABLISHMENT
R
FOOD SERVICE ESTABLISHMENT
R
R
ALCOHOL BEVERAGE SERVICE ESTAB.
E
E
GENERAL COMMERCIAL
R
R
MARINE RELATED COMMERCIAL
ESTAB.
W
OPEN AIR RETAIL
W
PLACE OF ASSEMBLY
R
R
RECREATIONAL ESTABLISHMENT
CIVIC
COMMUNITY FACILITY
W
W
RECREATIONAL FACILITY
R
R
RELIGIOUS FACILITY
R
R
OPEN SPACE
10%
N(
iIn'accoo;'nceewro
Kern Code. The ap
review. Worn..
trecornme
Open Space Min.
15%
<o asC
)TICE
a scheduled fora pubic hearing
nrnellnes set forth In the Clay of
!cable decision -mating body WU
at the public hearing to render a
lelm or a final decl9 on.
J► PZ-19-2864 !V
04/07/20 ���
FAQ
Page 5 of 9
Excerpt of Article 4, Table 3 of Miami 21
Code (Cont...)
T4-
L
T5-
0
DENSITY (UNITS PER ACRE)
36
65
CIVIL SUPPORT
COMMUNITY SUPPORT FACILITY
W
W
INFRASTRUCTURE AND UTILITIES
W
W
MARINA
W
W
PUBLIC PARKING
W
W
TRANSIT FACILITIES
W
W
EDUCATIONAL
CHILDCARE
W
W
COLLEGE / UNIVERSITY
W
ELEMENTARY SCHOOL
E
W
LEARNING CENTER
E
R
MIDDLE / HIGH SCHOOL
E
W
PRE-SCHOOL
E
R
RESEARCH FACILITY
R
R
SPECIAL TRAINING / VOCATIONAL
W
Note: The Uses may be permitted as follow: R: By Right
W: By Warrant
E: By Exception
Thlc sudmtttal needs to be sohediled fora pu00hearing
In accordance wall timelines set forth In the City of
Mlaml Coble. The applicable decision -making body will
review the Information at the public hearing to render a
recommendafi on or a final tleol9 on.
PZ-19-2864
F. Criteria for Rezoning
In accordance with Article 7, Section 7.1.2.8.a, a change may be made to a transect zone in a manner which
maintains the goals of Miami 21. In a recommendation for such a change, the request is considered and studied
with regard to the criteria identified in Article 7, Section 7.1.2.8.f.
The background section of this report is incorporated into the analysis and its corresponding criteria by
reference:
Criteria 1
Miami 21, Article 7, Section 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-1.6.9 states that, "the City's land development regulations will
1 establish mechanisms to mitigate the potentially adverse impacts of new
development on existing neighborhoods through the development of
appropriate transition standards and buffering requirements."
The requested rezone creates appropriate transitions between the Property and
the existing T4-L Transect Zone to the south by increasing the buffer
represented by the T5-O Transect Zone to the north. Additionally, the T5-O
Transect may increase the mix of commercial uses adjacent to the residential
district to the west. The rezoning request would mitigate potentially adverse
impacts of new development on existing neighborhoods through the
development of appropriate transition standards, as provided by Policy
LU-1.6.9.
Page 6 of 9
Finding
Criteria 1
Criteria 2
Analysis
for Criteria
2
Finding
Criteria 2
Criteria 3
Analysis
Criteria 3
0
4-
Policy LU-1.3.15 of the Miami Comprehensive Neighborhood Plan (MC
states that, "the City will continue to encourage a development pattern
enhances existing neighborhoods by developing a balanced mix of
including areas for employment, shopping, housing, and recreation in cl
proximity to each other."
This rezoning request acknowledges the SW 37 Avenue (Douglas Road) as a
major corridor, encouraging a development pattern opening the possibilities for
a balanced mix of uses, creating more ample transitioning Transect Zones in
Densities, Intensities and Uses, as directed by Policy LU-1.3.15.
Consistent with Policies of the Miami Comprehensive Neighborhood Plan
(MCNP)
No
NOTICE
Thlc submittal needs to be schediled fora put. hearing
In accordance wall timelines set forth In the City of
Mlaml Code. The applicable decision -making body will
review tiro Informabnn at the public Flouring to render a
recommendafi on or a final tleol9 on.
Section 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."
As discussed above on this analysis, rezonings have been granted at 3700 SW
28 St, 2810-2818 SW 37 Ave. to the north of the Property. Further rezonings
have been approved from D-1 to T5-O, for the properties at approximately 3640
Bird Avenue, 3601 Bird Road, and 3555 SW 29 Ter, located to the south of the
Property. These recently adopted rezoning have resulted in the sites having
increased density near the Douglas Road Metrorail Station.
The Property is located within a Transit Oriented Development (TOD) area and
within a half -mile of the Douglas Road Metrorail Station. Passengers utilize the
Douglas Road Metrorail Station to access multiple Miami -Dade Transit and
City of Miami Trolley to places in southwestern Miami and Downtown Miami.
TOD areas are deemed to be well served by transportation.
Miami Comprehensive Neighborhood Plan (MNCP) Policy LU-1.1.10 states,
"The City's land development regulations will encourage high density residential
development and redevelopment near Metrorail and Metromover stations." The
Property's proposed rezoning helps further this policy as the neighborhood
continues to change.
In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the
requested change in zoning is consistent.
Section 7.1.2.8.f.2. "A change may be made only to the next intensity Transect
Zone or by a Special Area Plan, and in a manner which maintains the goals
of this Miami 21 Code to preserve Neighborhoods and to provide transitions in
intensity and Building Height."
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 request change of zoning for the Property constitutes a successional rezone
to the next higher Transect Zone. In this case from "T4-L" General Urban
Transect Zone — Limited to "T5-O" Urban Center Transect Zone -Open. As
depicted in the reference table for successional zoning changes of Miami 21
Code, Sec. 7.1.2.8 (a)(3).
PZ-19-2864
04/07/20
RFVI EW CQ.`4
Page 7 of 9
PUBL/c
The resulting transition "east to west" will be reproducing the transitions wit
adopted rezone of the Properties to the north, and if granted, will provid
Property with the same Transect Zone approved to the Properties to the n
O
,a
Finding Pursuant to Article 7, Section 7.1.2.8.f.2 of Miami 21 Code, the request to rezo
Criteria 3 is consistent with the Miami 21 Code
NOTICE
e-Ills submittal needs to a acheduled fora public nearing
In accordance wilt It melines set forth In Me City of
Merril Coble. The applicable decision -malting hotly rAll
review the information at the public hearing to render a
recommendation or a final decision.
PZ-19-2864
04/07/20
RFVI EW COt
G. VOLUNTARILY PROFFERED COVENANT
The Applicant has submitted a voluntary declaration of restrictive covenants (see Attachment B for full
covenant). Upon approval of the change of zoning, the owner declares the following conditions for the
subject Property:
•
•
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 80 percent of Area
Median Income based on City of Miami standards and certified by the City of Miami Department of
Community 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.
The covenant was reviewed by the City Attorney's Office pursuant to Legal Service Request (LSR) Matter
ID No. 19-2697. The covenant was not a consideration in staffs analysis, the Covenant is attachment B to
this analysis.
H. CONCLUSION
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended and the aforementioned findings, and
taking in consideration other offices and departments' input, the Planning Department deemed beneficial for
the area and recommends for approval the proposed rezoning from T4-L "General Urban Transect Zone —
Limited" to T5-O "Urban Center Transect Zone -Open" for the properties located at 2824 and 2828 SW 37
Avenue, Miami.
As part of the requested change in zoning, the Applicant has proffered a draft Restrictive Declaration Covenant.
The covenant was not considered in this analysis and recommendation.
Attachments:
Attachment A: Legal Description
Attachment B: Covenant
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-19-2864 (2824 - 2828 SW 37 Ave.) — Page 1
Page 8 of 9
Jacqueline Ellis
Chief of Land Development
iltls submittal needs to be scheduled fora pubic hearIng
In accordance wall tlmellnes set forth In the City of
Mlaml Coble. The applicable decision -making body will
review the Information at the public hearing to render a
recommendatl on or a final tleol9 on.
PZ-19-2864
Page 9 of 9
EXHIBIT A
Address: 2824 SW 37 Avenue
Folio No.: 01-4117-003-0050
This submittal needs to be scheduled fora pubic hearing
In accordance whh tlmellnes set forth in the City of
Miami Code. The appllcsde decision -ma ItIng body will
review the Information at the pubec hearing to render a
reuommendab on or a final decision.
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 was prepared by and after recordation return to: "ATTACH M
Ben Fernandez, Esq.
Bercow Radell Fernandez & Larkin, PLLC
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
ThIs submittal needs to be scheduled for public hearing
ea set forth in the City of
}quip decision -ma ItIng body will
at the public hearing to render a
dation or a final decision.
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this day of
, 2019, by 2814/16 SW 37, LLC (hereinafter referred to as the
"Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within
Miami -Dade County in the State of Florida (hereinafter referred to as the "City").
WHEREAS, the undersigned Owner holds fee simple title to certain real property
located at 2824-2828 SW 37 Avenue in Miami, Florida, which are identified by Miami -
Dade Tax Folio Nos. 01-4117-003-0050 and 01-4117-003-0080, and legally described as
follows:
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.
hereinafter referred to as the "Property."
WITNESSETH
WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
19-2863 / 19-2864
August 6, 2019
4
PU$o
Declaration of Restrictive Covenant
Page2of6
WHEREAS, the Owner is desirous of making a voluntary binding co
assure and affirm that the Property shall be developed in accordance with the p
of the Declaration herein.
c,
0
4-
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance whh tlmellnes set forth in the City of
Miami Code. The appllcca n decision -ma ItIng body will
review the Information at the pubec hearing to render a
reuommendad on or a final decision.
PZ-19-2864
,1"ent4,20 0�
'& VIEw CO
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property
shall be subject to the following restrictions that are intended and shall be deemed to be
a covenant running with the land and binding upon the Owner of the Property, and their
heirs, successors, vendees, and assigns as follows:
Section 1. The recitals and findings set forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Owner hereby makes the following voluntary declarations running
with the land concerning the use of the Property:
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 80 percent of Area Median Income based on City of Miami
standards and certified by the City of Miami Department of Community
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.
2
Declaration of Restrictive Covenant
Page3of6
Section 3. Effective Date. This Declaration is effective at the dat
hereof. This instrument shall constitute a covenant running with the title to
that shall be binding upon Owner, its heirs, successors and assigns. These re
This submittal needs to be schedu lee fora public hearing
In accordance whh bmellnes set forth in the City of
Miami Code. The appllcade decision -malting body will
erkgsetUtp��Nypublichearingtoren' e
G��i n �16raflnal tlecl9on.
PZ-19-2864
r3ropqMf,20
shall be a limitation upon all present and future Owners of the Property and shall be for
the public welfare.
Section 4. Term. This voluntary covenant on the part of the Owner shall remain
in full force and effect and shall be binding upon the Owner of the Property, its successors
in interest, heirs, vendees, and assigns, for an initial period of thirty (30) years from the
date this instrument is recorded in the public records of Miami -Dade County, Florida, and
shall be automatically extended for successive periods of ten (10) years, unless modified,
amended or released prior to the expiration thereof.
Section 5. Applicable Law & Venue; Attornev's Fees. Florida law will apply to
interpretation of this Declaration. Venue in any civil actions arising under this Declaration
shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
Section 6. Amendment and Modification. This instrument may be modified,
amended, or released as to any portion of the Property by a written instrument executed
by the then Owner(s) of the fee -simple title to the land to be affected by such modification,
amendment or release, providing that same has been approved by the City of Miami
Planning, Zoning and Appeals Board or by the City Commission after a public hearing
which public hearing shall be applied for and noticed at the sole cost and expense of the
Owner. Upon approval of such modification, amendment, or release as specified herein,
the Director of the City of Miami's Planning Department or his successor shall execute a
written instrument in recordable form effectuating and acknowledging such modification,
amendment, or release. Such instruments shall be in a form acceptable to the City
Attorney.
Section 7. Inspection and Enforcement. After notice and an opportunity to cure,
an enforcement action may be brought by the City or by any person owning or occupying
3
PUBS/
Declaration of Restrictive Covenant
Page 4 of 6
property within 500 feet of the Property, by action in code compliance, and/o
in equity, or both, as applicable, against any party or person(s) violating or
violate any covenants of this Declaration, or provisions of the building a
4
(. '
0
4-
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance whh tlmellnes set forth in the City of
Miami Cotle.The app cade dsision-making botlywlll
pu bYchearingn rentlere
Oraflnal tlecldon.
n
<c.
i ' VIEW CO�Q
PZ-19-2864
tin94ti2o
regulations, to restrain violations and/or to recover damages. Each party shall bear their
own attorney's fees. This enforcement provision shall be in addition to any other remedies
available under the law.
Section 8. Severabilitv. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall remain
in full force and effect.
Section 9. Recording. This Declaration shall be filed of record among the Public
Records of Miami -Dade County, Florida, at the cost of the Owner, and the City of Miami
Planning Director will be furnished a certified and recorded copy by the Owner within thirty
(30) days of this Declaration being recorded.
[Signature Pages to Follow]
4
Declaration of Restrictive Covenant
Page5of6
ACKNOWLEDGMENT
CORPORATION
This submittal needs to be scheduled fora public hearing
In accordance whh tlmellnes set forth in the City of
Miami Code. The applicable decision -malting body will
review the Information at the pubec hearing to render a
reuommendad on or a final decision.
Signed, witnessed, executed and acknowledged on this 9th day of Oct
2019.
WITNESSES: OWNER:
Signature
Print Name
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 Toni Alam, authorized
signatory of AMBR the Managing Member/ Partner of 2814/16 SW 37, LLC, on behalf of
the limited liability company. He is ❑ personally known to me or ❑ has produced
, as identification.
Witness my signature and official seal this day of 2019,
in the County and State aforesaid.
My Commission Expires:
5
Notary Public State of Florida
Print Name
Declaration of Restrictive Covenant
Page6of6
Approved as to Legal Form:
Victoria Mendez, City Attorney
Approved as to Planning:
Francisco Garcia, Director, Planning Department
Approved as to Zoning:
Joseph Ruiz, Director, Zoning Department
6
This submittal needs to be scheduled fora public hearing
In accordance whh tlmellnes set forth in the City of
Miami Code. The applicable decision -malting body will
review the Information at the pubec hearing to render a
reuommendad on or a final decision.
PLANNING DEPARTMENT
Project Fact Sheet
This document is used to provide a summary for Planning Department related proj
PROJECT INFORMATION
Project Name: PZ-19-2864
Project Address: 2824 and 2828 SW 37 Avenue
APPLICANT INFORMATION
Company Name: 2814/16 SW 37, LLC
Primary Contact: Ben Fernandez, Esq.
Email: bfernandez@brzoninglaw.com
Secondary Contact:
Email:
NOTES
Change of zoning of 2824 and 2828 SW 37 Ave.
(the "Property") from "T4-L" General Urban
Transect Zone - Limited to "T5-O" Urban Center
Transect Zone -Open.
Covenant voluntarily proffered by the Applicant
Lead Staff: Sergio Garrido
This submittal needs to be scheduled fora public hearing
In accordance whh tlmellnes set forth in the City of
Miami Code. The applicable decision -malting body will
review the Information atthea fnng to rentlere
recommendation
ecom end or final
decision
Principal Division: Land Development
Email: sgarrido@miamigov.com
PZ-19-2864
PROJECT DESCRIPTION
Rezoning from T4-L to T5-O will allow the properties
Webs Link(s):
BOARD REQUIREMENTS
n HEPB
n PZAB
n UDRB
n WDRC
n City Commission
n AIPP
GRAPHIC(S)
T4-L
sW
T3-O
na
Existing Zoning Classi icatio Proposed Zoni g Classific lion
Transect Zone(s): T4-L
Commissioner District(s): 2
NET Office(s): Coral Way NET
Existing Zoning Classification
Proposed Zoning Classification
Department Director: Francisco Garcia
Revision Date: 1/15/2020
0 125
250
AERIAL
EPLAN ID: PZ-19-2864
REZONE
SW•27TH LN
SW 28TH:ST
SW29TH ST+
500 Feet
SW•28TH ST
Immot� {J
ADDRESSES: 2824 SW 37 AV & 2828 SW 37 AV
NOTICE
This sobmmal needs to be scheduled fora public hearing
In accordance whh timelines set forth In the City of
Miami Code. The appllcca n decision -malting body will
review the Information at the pubic hearing to render
recommendation or a final declaim
04/07/20
SUBJECT PROPERTY
CITY BOUNDARY
MIAMI 21 (EXISTING)
EPLAN ID: PZ-19-2864
REZONE
SW 38TH AVE
SW 27TH LN
T3-O
SW 28TH ST
SW37•TH C
T6-8-O
T3-O
T5-O
T4-L
SW-29TH'ST
This submittal needs to be scheduled for a pubic h ering
In accordance whh tlmellnes set forth In the City of
Miami Code. The appllosde decision -malting body will f
review the information at the pu Mc hearing to ren er a
recommendation or a final decision.
PZ-19-2864 1 ,
CS
T4-L
N
0 125 250 500 Feet
111111111
SW-28TH ST
T3-O
SW 36TH CT
ADDRESSES: 2824 SW 37 AV & 2828 SW 37 AV
SUBJECT PROPERTIES
M IAM 121 (PROPOSED)
EPLAN ID: PZ-19-2864
REZONE
SW 38TH AVE
SW 27TH LN
T3-O
SW 28TH ST
SW37•TH C
T6-8-O
T5-O
This submittal needs to be scheduled for a pubic h ering
In accordance whh tlmellnes set forth In the City of
Miami Code. The appllosde decision -malting body will f
review the information at the pu Mc hearing to ren er a
recommendation or a final decision.
PZ-19-2864 1 ,
CS
_ W
T3-O T5-
1-SW 29TH'ST
T4-L
N
0 125 250 500 Feet
111111111
SW-28TH ST
T3-O
SW 36TH CT
ADDRESSES: 2824 SW 37 AV & 2828 SW 37 AV
SUBJECT PROPERTIES