HomeMy WebLinkAboutAnalysis and MapsS�Uti3:.IS.e,
City of Miami
Planning Department
l* I I.AI[3 #,
Division of Land Development
ANALYSIS FOR
REZONING
PZAB File ID No. 3614
Applicant(s): STW Real Estate, LLC, and Soto Holdings and Investment,
Inc. (the "Applicant")
Location: 3710 NW 13 Avenue and 1329 NW 37 Street
Folio Numbers: 0131230375080 and 0131230375070
Commission District: District 5 — Keon Hardemon
Net District Office: Allapattah NET
Planner:
A. GENERAL INFORMATION
Luiz Vicentini
REQUEST: Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, the Applicant
requests a change of zoning of properties located at 3710 NW 13 Avenue and 1329 NW 37 Street.
The site is bounded by NW 37 Street to the south, NW 13 Avenue to the east, and abuts single family
properties to the north and west. The Applicant proposes to change the zoning from "73-0" Sub -
Urban Transect Zone — Open to "74-R" General Urban Transect Zone - Restricted as a successional
Transect Zone along NW 37 Street. The complete legal description is on file with the Hearing Boards
Section.
Table 1. Request
#
Folio No.
Address
Lot Size
Zoning Classification
Current
Proposed
(Sq.Ft.)*
710 NW 13
"T3-0" SUB -URBAN
"T4 -R" GENERAL
1
0131230375080
18,000
TRANSECT ZONE -
URBAN TRANSECT
Avenue
OPEN
ZONE —RESTRICTED
1329 NW 37
173-0" SUB -URBAN
"T4 -R" GENERAL
2
0131230375070
Street
6,000
TRANSECT ZONE -
URBAN TRANSECT
OPEN
ZONE — RESTRICTED
24,000
B. BACKGROUND
The properties are comprised of approximately 0.55 acres (24,000 square feet) within the Allapattah
NET area. The properties are located on the northwest corner of the intersection of NW 37 Street and
NW 13 Avenue. The two properties consist of four platted lots: 1329 NW 37 Street contains lot 9 of
Block 55 in the North Miami Estates subdivision and 3710 NW 13 Avenue contains lots 10-12 of the
same Block. In total, there are six units contained in three duplexes between the two properties.
The immediate context of the neighborhood to the north, east, and west of the property is indicative
of the current zoning designation of 73-0" Sub -Urban - Open Transect Zone, with the area primarily
comprised of single family residences. The properties to the south, along NW 36 Street, are
designated 75-L" Urban Center - Limited Transect Zone. The properties are located within a quarter
mile of the Allapattah Metrorail station, within that station's Transit Oriented Development TOD).
Additionaly, NW 36 Street is defined as a Transit Corridor as defined by the Miami 21 Zoning Code.
C. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
The requested zoning change to T4 -R is inconsistent with the current Miami Comprehensive
Neighborhood Plan (MCNP) designation of "Single Family Residential for the properties. Therefore a
companion application to amend the future land use was submitted to change to "Low Density
Multifamily Residential", which is being processed under File ID 3613.
In regards to the uses allowed for the existing and proposed Transect Zones, the chart below, which
represents an excerpt of Article 4, Table 3 of the Miami 21 Code, denotes the additional uses allowed
with the proposed change of zoning to T4 -R.
Excerpt of Article 4, Table 3 of Miami 21 Code
DENSITY (UNITS PER ACRE) T3-0 T4 -R
MULTIFAMILY HOUSING R
ANCILLARY UNIT R
BED & BREAKFAST W
LDCARE
D. NEIGHBORHOOD CHARACTERISTICS
ZONING
Subject Property:
T3-0 Sub -Urban Transect Zone
Surroundina Properties
NORTH: T3-0 Sub -Urban Transect Zone
(North Miami Estates Neighborhood)
SOUTH: T5 -L Urban Center Transect Zone
( North Miami Estates Neighborhood)
EAST: T3-0 Sub -Urban Transect Zone
(North Miami Estates Neighborhood)
WEST: T3-0 Sub -Urban Transect Zone
(North Miami Estates Neighborhood)
FUTURE LAND USE DESIGNATION
Subject Properties:
Duplex Residential
Maximum 18 D. U. per acre.
Duplex Residential
Maximum 18 D.U. per acre
Medium Density Multifamily Residential
Maximum 65 D.U. per acre
Duplex Residential
Maximum 18 D.U. per acre
Duplex Residential
Maximum 18 D.U, per acre
PZAB File ID No. 3614
Page 2 of 6
EXISTING ZONING
E. ANALYSIS
PROPOSED ZONING
T4 -R
Following the above referenced "Background", this proposal for rezoning is taking in consideration
criteria set forth in Article 7, Section 7.1.2.8 (a)(5) & (f)(2) of Miami 21:
Criteria 1 Sec. 7.1.2.8 (f)(2) For rezoning: 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 the Miami 21 Code to preserve Neighborhoods and to provide transitions in
intensity and building heights.
Analysis of The subject properties are within an existing T3-0 zone with FLUM designation of
Criteria 1 Duplex Residential with a maximum density of 18 D.U. per acre. The proposed
rezoning to T4 -R is not compatible within the existing neighborhood context and
intensity and density.
The maximum allowed height within the T3 Transect Zone is 25 -feet. The T4 -R allows
a maximum height of 40 -feet. Furthermore, the increase in density from 18 D.U. per
acre to 36 D.U. per acre, although transitional, would allow for incompatible intensity
and uses, such as bed and breakfast and childcare, within a single-family and duplex
residential oriented environment.
Finding The request to rezone the properties from T3-0 to T4 -R is transitional; however, the
potential increase in density and intensity does not fit the neighborhood context. In
this case, the request is to rezone two parcels fronting NW 37 Street. To the south
there are properties designated T5 -L, and abut properties designated T3-0) to the
north, east, and west.
PZAB File ID No. 3614
Page 3 of 6
The immediate area consists of single-family dwellings with zoning of T3-0. The
maximum allowed height within the T3 Transect Zone is two -stories and 25 -feet to the
eave. The development of a dwelling is limited to a maximum Lot coverage of 50 -
percent on the first floor and 30 -percent for the second floor.
The T4 -R Transect Zone allows a maximum height of three -stories (40 stories) and a
maximum Lot coverage of 60 -percent. The proposed new zoning will create a building
mass unlike any development elsewhere in the neighborhood.
The request to rezone the subject parcels from T3-0 to T4 -R is inconsistent in scale,
mass, and height with the existing neighborhood and the goals and objectives of the
Miami 21 Code.
Criteria 2 For rezoning: A change may be made in a manner which maintains the goals of the
Miami 21 Code to preserve Neighborhoods and to provide proper transitions in
intensity and scale.
Additional The requested rezone from T3-0 to T4 -R allows uses such as Bed and Breakfast by
Analysis of Warrant Permit, which is approved administratively, and Childcare and Marina, by
Criteria 2 Exception.
The rezoning from T3-0 to T4 -R, although transitional, is not compatible with the
immediate neighborhood. Moreover, it may create a precedence of rezoning requests
within a well established low density residential neighborhood.
Finding 2 The request will create an intrusion of Uses that would not be consistent with the goals
and objectives of the Miami 21 Code. The requested rezoning is not compatible, in this
case, with the intent of Miami 21 Zoning Code.
While they are located in close proximity to the Aliapattah Metrorail TOD and the NW
36 Street commercial corridor, rezoning the properties alone without addressing the
rest of the neighborhood would create a rezone pattern unlike the existing Transect
Zones within the surrounding properties in the area.
PZAB File ID No. 3614
Page 4 of 6
Restrictive Covenant
A restrictive covenant ("Covenant") was proferred for the Properties, refered as attachment B, that offers
restrictions as identified in Article 4, Table 3 of the Miami 21 Code.
The Covenant for the subject Properties located at 3710 NW 13 Avenue and 1329 NW 37 Street,
proposes the following restrictions:
1. The applicant seeks to provide workforce housing for the Allapattah Neighborhood.
2. In order to provide new workforce housing, the applicant is seeking a rezoning of the Property
from T3-0 to T4 -R.
3. The future development of the Properties shall be limited to permissible residential uses under the
T4 -R Transect Zone, pursuant to Article 4, Table 3 of the City of Miami Zoning Ordinance, Miami
21.
4. All future residential units constructed on the Properties may be sold or rented only as Workforce
Housing, as defined by Section 1.2 of Miami 21.
5. Maximum height for any buildings on the properties shall be two stories, except for any building
on Lot 12, Block 55 of NORTH MIAMI ESTATES, according to plat thereof, as recorded in Plat
Book 5, Page 48 of the Public Records of Miami -Dade County, Florida ("Lot 12"). Buildings on Lot
12 may be developed consistent with regulations for the T4 -R Transect Zone in Miami 21, as
amended.
The proffered Covenant provides restrictions to the Properties and their future development. However,
the proposed change of zoning from T3-0 to T4 -R remains incompatible to the transect pattern of the
area. The requested zoning does not protect the established low density single family and duplex
residential neighborhood.
F. CONCLUSION
The applicant seeks to rezone the properties located at approximately 3710 NW 13 Avenue and 1329
NW 37 Street from 73-0" Sub -Urban Transect — Open to "T4 -R" General Urban — Restricted. Staff has
found the proposed zoning change is not in harmony with the established development patterns of the
adjacent and nearby districts. Moreover, the proposed zoning change will increase the height and the
scale of the buildings allowed for the properties that will be inconsistent within the current neighborhood
context.
The applicant has voluntarily proffered a restrictive covenant that provides restrictions to the uses and
heights. However, it is at the cost of a proposed change of zoning from 73-0" Sub -Urban -Open to "74-
R" General Urban — Restricted which is not compatible for the predominately T3 (single family and duplex)
developed immediate neighborhood. The proposal introduces a T4 -R zoning in a T3- zoned area that
has no other T4 zoned properties in the vicinity.
While the Properties are located in dose proximity to the Allapattah Metrorail TOD and the NW 36 Street
commercial corridor, rezoning the properties alone without addressing the rest of the neighborhood would
create a rezone pattern unlike the existing Transect Zones within the surrounding properties in the area.
PZAB File ID No. 3614
Page 5 of 6
RECOMMENDATION
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114, as amended on the aforementioned findings,
the Department of Planning recommends Denial of the rezoning of 3710 NW 13 Avenue and 1329 NW
37 Street from T3-0 to T4 -R as presented. Although a restricted covenant was proffered, the request
remains incompatible to the existing neighborhood context.
acquePie Ellis
thief ,oP Land Development
Attachments:
A- Legal Description
a- Restrictive Covenant
PZAB File ID No. 3614
Page 6 of 6
Exhibit "A"
Parcel 1— 3710 NW 13 Avenue
Lots 10 through 12, Block 55 of NORTH MIAMI ESTATES, according to the Plat thereof, as recorded in
Plat Book 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Parcel 2 — 1329 NW 37 Street
Lot 9, Block 55 of NORTH MIAMI ESTATES, according to the Plat thereof, as recorded in Plat Book 5, Page
48 of the Public Records of Miami -Dade County, Florida.
This instrument prepared by and
after recording return to:
Alejandro Uribe, Esq.
Weiss Scrota Hellman Cole & Bierman, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
DECLARATION OF RESTRICTIVE COVENANTS
STW Real Estate, LLC, and Soto Holding and Investment, (collectively the "Owners")
hereby make, declare and impose on the land legally described on Exhibit "A" attached hereto
(the "Property") the covenants running with the title to the land set forth herein, which shall be
binding on the Owner, all heirs, successors and assigns, grantees personal representatives,
mortgagees, lessees and against all persons claiming by, through or under them.
WHEREAS, STW Real Estate, LLC, holds fee simple title to the portion of the Property
described in Exhibit "B"; and
WHEREAS, Soto Holding and Investment, Inc., holds fee simple title to the portion of
the Property described in Exhibit "C"; and
WHEREAS, the Owners desire to provide the residents of the City of Miami, and
specifically the Allapattah Neighborhood with high-quality workforce housing; and
WHEREAS, in order to provide more new workforce housing, the Owners are seeking a
rezoning of the Property from T3-0 to T4 -R;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which are
hereby acknowledged, Owners hereby agree as follows:
1. Recitals. The recitals and exhibits 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. Residential Use Only. The development of the Property shall be limited to
permissible residential uses under the T4 -R Transect Zone, pursuant to Article 4, Table 3 of the
City of Miami's Zoning Ordinance ("Miami 21").
3. Workforce Housing. All future residential units constructed on the Property may
be sold or rented only as Workforce Housing, as defined by Section 1.2 of Miami 21.
4. Height. Maximum height for any buildings on of the Property shall be two (2)
stories, except for any building on Lot 12, Block 55 of NORTH MIAMI ESTATES, according to
the plat thereof, as recorded in Plat Book 5, Page 48 of the Public Records of Miami -Dade
County, Florida ("Lot 12"). Buildings on Lot 12 may be developed consistent with regulations
for the T4 -R Transect Zone in Miami 21, as amended.
5. Term of Declaration. The provisions of this instrument shall become effective
upon their recordation in the Public Records of Miami -Dade County, Florida, and shall continue
in effect for a period of thirty (30) years after the date of such recordation, after which time they
shall be extended automatically for successive periods of ten (10) years each, unless released in
writing by the (i) then owners of the Property (or if any portion of the Property has been
submitted to the condominium form of ownership, then by the association established to operate
the condominium in lieu of all of the owners thereof) AND (ii) the Zoning Administrator and
subject to the approval of the City Attorney as to legal form and correctness, or their respective
designees or successors, upon the demonstration and affirmative finding that the same is no
longer necessary to preserve and protect the Property for the purposes herein intended.
6. Covenant Running with the Land. This instrument shall constitute a covenant
running with the title to the Property and be binding upon Owner(s), its heirs, grantees,
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.
7. Amendments, Modifications, Releases. The provisions of this instrument may be
amended, modified, or released by a written instrument executed by the (i) then owners of the
Property (or if any portion of the Property has been submitted to the condominium form of
ownership, then by the association established to operate the condominium in lieu of all of the
owners thereof and the joinder of any mortgagees(s) if there are any mortgages on the Property)
and (ii) the Zoning Administrator subject to the approval of the City Attorney as to legal form
and correctness, or their respective designees or successors. All amendments, modifications, or
releases of this Declaration shall be executed in the manner enumerated in this Section and shall
be recorded in the Public Records of Miami -Dade County, Florida in order for the amendment,
modification, or release to be valid and effective.
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.
Enforcement of this Declaration shall be by action against the parties to this Declaration or
persons violating or attempting to violate any covenants in this Declaration or the then Owners at
the time the violation is committed. This enforcement provision shall be in addition to any other
remedies available at law, in equity, or both. The violations may also be enforced by City Code,
Chapter 2, Article X, entitled Code Enforcement.
9. Severability. Invalidation of any of these covenants by judgment of a court shall
2
not affect any of the other provisions, which shall remain in full force and effect.
10. Cumulative and Waiver. All rights, remedies and privileges granted herein
shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to
constitute an election or remedy, nor shall it preclude the party exercising the same from
exercising such other additional rights, remedies, or privileges as may be available to it.
11. Recordation. This Declaration shall be recorded in the Public Records of Miami -
Dade County by the Owners at the Owners' expense within ten (10) days of its acceptance by the
City of Miami. The Owner shall promptly furnish a recorded copy of this Declaration to the City
of Miami within thirty (30) days of recording.
[Signature Pages to Follow]
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES
Print Name:
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF DADE
STW Real Estate, LLC,
a Florida limited liability company
By:
Print Name:
Its: Member
The foregoing instrument was acknowledged before me this day of , 2018
by David Sanchez, as member of STW Real Estate, LLC, a Florida limited liability company, in
the capacity aforestated; such person is (check one) [ ] personally known to me or [ ] has
produced
as identification.
.19
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed as
of the day and date first above written.
WITNESSES
Print Name:
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF DADE
Soto Holdings and Investments, Inc.,
a Florida corporation
By:
Print Name:
Its:
The foregoing instrument was acknowledged before me this day of , 2018
by , as of Soto Holdings and Investments,
Inc., a Florida corporation, in the capacity aforestated; such person is (check one) [ ] personally
known to me or [ ] has produced as identification.
NOTARY PUBLIC
PRINT NAME
My commission expires:
(Seal)
5
APPROVED AS TO FORM AND
CORRECTNESS:
VICTORIA MENDEZ
City Attorney
APPROVED:
FRANCISCO GARCIA
Director of Planning and Zoning
EXHIBIT A
LEGAL DESCRIPTION
Lots 9 through 12, Block 55 of NORTH MIAMI ESTATES, according to the plat thereof, as
recorded in Platbook 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Also known as 1329 NW 37 Street, Miami, Florida and 3710 NW 13 Avenue, Miami, Florida
Identified for tax purposes with folio numbers: 01-3123-037-5070, and 01-3123-037-5080.
7
EXHIBIT B
LEGAL DESCRIPTION
Lots 10 through 12, Block 55 of NORTH MIAMI ESTATES, according to the plat thereof, as
recorded in Platbook 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Also known as 3710 NW 13th Avenue, Miami, Florida 33142
Identified for tax purposes with folio number: 01-3123-037-5080.
EXHIBIT C
LEGAL DESCRIPTION
Lot 9, Block 55 of NORTH MIAMI ESTATES, according to the plat thereof, as recorded in
Platbook 5, Page 48 of the Public Records of Miami -Dade County, Florida.
Also known as 1329 NW 37th Street, Miami, Florida 33142
Identified for tax purposes with folio number: 01-3123-037-5070.
z
AERIAL
FILE ID: 3614
N
ADDRESSES: 3710 NW 13 AV & 1329 NW 37 ST
125 250 500 Feet
MIAMI 21 (EXISTING)
FILE ID: 3614
REZONE
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//ATOD Half Mile N ADDRESSES: 3710 NW 13 AV & 1329 NW 37 ST
Metro Rail Route
0 125 250 500 Feet
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//ATOD Half Mile N ADDRESSES: 3710 NW 13 AV & 1329 NW 37 ST
Metro Rail Route
0 125 250 500 Feet
MIAMI 21 (PROPOSED)
FILE ID: 3614
REZONE
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6O-8-
—= NW,35TH ST—
j X1,1 T3-0
F T/
T4-L'
TOD Half Mile N ADDRESSES: 3710 NW 13 AV & 1329 NW 37 ST
Metro Rail Route
0 125 250 500 Feet
I
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-- — f N W , 38TH ST------
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—= NW,35TH ST—
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F T/
T4-L'
TOD Half Mile N ADDRESSES: 3710 NW 13 AV & 1329 NW 37 ST
Metro Rail Route
0 125 250 500 Feet