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Home My WebLink About(2718) - PZAB Resolution'if City of Miami City Hall y 3500 Pan American Drive •....... PZAB Resolution Miami, FL 33133 r*fi www.miamigov.com rYa VIsi Enactment Number: PZAB-R-17-087 File ID: 2718 Final Action Date: 11/1512017 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENTS, RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3- 0", SUB -URBAN TRANSECT ZONE — OPEN, TO -74-R", GENERAL URBAN TRANSECT ZONE - RESTRICTED, OF THE PROPERTY LOCATED AT APPROXIMATELY 3245 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 3245 Southwest 23 Street, Miami, Florida is currently zoned 73-0", Sub -Urban Transect Zone - Open; and WHEREAS, Twenty Three Project, LLC ("Applicant") has submitted a request to change the zoning classification to "74-R", General Urban Transect Zone - Restricted; and WHEREAS, the proposed zoning change is not appropriate in light of the intent of Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 "), and particularly in relation to the effects on adjoining properties; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the Miami Comprehensive Plan, Miami 21, and all other City of Miami ("City") regulations; and WHEREAS, the PZAB has considered the Declaration of Restrictive Covenants, attached hereby and incorporated herein as an Exhibit °B", voluntarily proffered by the Applicant limiting the development of the subject property to: A. Permitted Uses. The uses on the Property shall be limited to such Residential uses authorized by Article 4, Table 3 of Miami 21 for "74-R", General Urban Transect Zone -Restricted. B. Joinder with Abutting -Platted Lots. Notwithstanding the authorization contained in Article 7, Section. 7.1.7 of Miami 21 permitting the joinder of multiple platted lots via a Unity of Title or Covenant in Lieu of Unity of Title, the Property shall not be joined with any Abutting Lots and shall be developed as a stand-alone parcel. C. Density and Off -Street Parking. A maximum of four (4) Dwelling Units may be constructed on the Property with not less than eight (8) off-street parking spaces for use by residents and guests. City of Miami Page 1 of 2 File 1D: 2718 (Revision: B) Printed On: 1112112017 D. Height. The residential building constructed on the Property shall not exceed a maximum of three (3) stories or thirty (30) feet in Height, whichever is less. E. Setbacks. A minimum Setback of not less than six (6) feet shall be maintained from the western Property line for the benefit of the Abutting parcel with a designation of "73-0", Sub -Urban Transect Zone - Open; and WHEREAS, the proposed zoning change is deemed as an intrusion into the "T3-0", Sub - Urban Transect Zone — Open, and this proposed zoning change will result in a cumulative effect related to the previous zoning change of the abutting property to the East; and WHEREAS, the proposed zoning change does not maintain the goals of Miami 21 to preserve neighborhoods and provide transitions in intensity and building height; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA.- Section LORIDA: 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 the City Commission deny the amendment to the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from "73-0", Sub -Urban Transect Zone — Open, to "74-R", General Urban Transect Zone - Restricted, for the property located at approximately 3245 Southwest 23 Street, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated. Section 3. This Resolution shall become effective upon adoption by the PZAB. l Fran Isco arcia, Director Depa nt of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE It 7 Executi n Date �} Ol Personally appeared before me, the undersigned authority, , Clerk of the Planning, Zon6rg and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS It DAY OF 201_. 2- -A�njL-P_Z� taa_k�� Print Notary Name Nbtary Public State of Florida Personally know ✓ or Produced I.D. My Commission Expires; Type and number of LD. produced Did take an oath or Did not take an oath : P BEATRIZALVAREZ Commission # GG 168775 Z Expires �tavember 20, 2021 ' 8w4W TM Troy Fain Imumw 800.3857019 City of Miami Page 2 of 2 File ID: 2718 (Revision: B) Printed On: 11/2112017 EXHIBIT "A," LEGAL DESCRIPTION OF PROPERTY Lot 75 and the West % of Lot 76, Block 4, of Amended Plat of MIAMI SUBURBAN ACRES, according; to the plat thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Miami -Dade County, Florida. 3 ff5z091653_v1 Please this instrument after recording to: Office of zoning City of Miami 444 SW 2nd Avenue 4" Floor Miami, Florida 33130 Prepared By: Javier E. Fernandez, Esq. Holland & Knight LLP 701 Brickell Avenue, 33`d Floor Miami, Florida 33131 EXHIBIT B Reserved for Recording DECLARATION OF RESTRICTIVE COVENANTS KNOWALL MENBY THESE PRESENT that the undersigned, TWENTYTHREE PROJECT, LLC, a Florida limited liability company (hereinafter, the "Declarant") hereby makes, declares and imposes on the land herein described, this Declaration of Restrictive Covenants (the "Declaration"), and the covenants running with the title to the land contained herein, which shall be binding on the Declarant, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under it. WHEREAS, Declarant is the owner of that certain property located at approximately 3245 SW 231 Street in the City of Miami, Florida, (together, the "Property"), more particularly described on Exhibit "A," attached hereto and incorporated herein; and WHEREAS, Declarant has submitted an application for a Future Land Use Map ("FLUM") amendment and rezoning of a portion of the Property from its current FLUM designation of Duplex Residential and Transect Zone designation of Sub -Urban Transect Zone Open (T3-0) to Low Density Midti- Family Residential and General Urban Transect Zone Restricted (T4 -R) (the "Applications"); and WHEREAS, Declarant as an inducement to the City's approval of the Applications voluntary proffers this Declaration and the limitations on the future development of the Property outlined herein; and NOW, THEREFORE, IN ORDER TO ASSURE the City that the Declarant's promises in connection with the FLUM amendment and rezoning, the Declarant, its successors and assigns, freely, voluntarily, and without duress hereby makes the following Declaration covering and running with Property and shall bind the Declarant, any assignee, mortgage, or buyer, and all other parties that receive title to interest in the Property: The foregoing recitals are true and correct and are incorporated herein. 2. Development Restrictions. The Declarant hereby makes the following voluntary declarations running with the land concerning the Property: A. Permitted Use. The uses on the Property shall be limited to such Residential uses authorized by Art. 4, Table 3 of Miami 21, as amended through May of 2017, for the Page 1 of 4 8/22/2017 General Urban Transect Zone Restricted (T4 -R). B. Joinder with Abutting Platted Lots. Notwithstanding the authorization contained in Art. 7, Sec. 7.1.7 of Miami 21 permitting the joinder of multiple platted lots via a Unity of Title or Covenant -in -Lieu of Unity of Title, Declarant hereby covenants that the Property shall not be joined with any Abutting Lots and shall be developed as a stand-alone parcel. C. Density & Off -Street Parking. Declarant hereby covenants that not more than four (4) Dwelling Units shall be constructed on the Property with not less than eight (8) off-street parking spaces for use by residents and guests. D. Height. Declarant hereby covenants that the residential building constructed on the Property shall not exceed a maximum of three (3) stories or thirty (30) feet in Height, whichever is less. E. Setbacks. Declarant hereby covenants that a minimum Setback of not less than six (6) feet shall be maintained from the western Property line for the benefit of the Abutting parcel with a designation of Sub -Urban Transect Zone Open (T3-0). 3. Effective Date. The provisions of this Declaration shall become effective upon their 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 Declaration shall remain in full force and effect for a period of thirty (30) years from the date this instrument is recorded in the Public Records, after which time they shall be automatically extended for successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof and in accordance with the terms of Section 5. 5. Amendment & Modification. This Declaration may be modified. amended, or released as to any portion or all of the Property by a subsequent written instrument executed by the Declarant or its successor or assigns to be affected by such modification, amendment or release and providing the same has been approved by the Miami City Commission following a public hearing, which costs of the application and notice for such public hearing shall be paid by the Declarant. Any modification, amendment or release of this Declaration shall be subject to the approval as to legal form by the City Attorney. 6. Inspection & Enforcement. An enforcement action may be brought by the City by action in 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, either to restrain or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 7. Severability. 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 effect. S. Recordation. This Declaration shall be promptly filed of record amongthe Public Records of Miami -Dade County, Florida, at the Declarant's sole cost and expense immediately following the City Commission's final adoption of the Applications and the expiration of any applicable appeal periods for such development orders. The Declarant shall provide the City's Zoning Administrator with a certified copy of the recorded Declaration within thirty (30) days of its recordation. (Signature Page to Follow] Page 2 of 4 8122/2017 Signed, witnessed, executed and acknowledged this Witnesses Print Name: Print Name: STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) day of , 2017. TWENTY THREE PROJECT, LLC, a Florida limited liability company TG 011, LLC, a Florida limited liability company, its Manager in Name: Georges Ayoub Title: Manager The foregoing instrument was acknowledged before me this day of 2017, by Georges Ayoub, as Manager of TG 01, LLC, a Florida limited liability company, as Manager of Twenty Three Project, LLC, a Florida limited liability company, on behalf of the company. Personally Known or Produced Identification Type of Identification Produced Page 3 of 4 8/22/2017 Print or Stamp Name: Notary Public, State of Commission No.: N/A My Commission Expires: EXHIBIT "A" LEGAL DESCRIPTION Lot 75, Block 4, of the Amended Plat of MIAMI SUBURBAN ACRES, according to the plat thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Miami -Dade County, Florida. Page 4 of 4 8/22/2017