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HomeMy WebLinkAboutPZAB (4430) ResolutionCity of Miami City Hall Pan American PZAB Resolution 350 Miami, FL 33133Drive Y;,, 4 www.miamigov.com i Enactment Number: PZAB-R-18-056 File ID: 4430 Final Action Date: 9/24/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD FAILING TO MAKE A RECOMMENDATION APPROVING OR DENYING BY A SUPERMAJORITY VOTE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 28 AND 29 OF THE EDEN PARK PLAT FROM "74-11" GENERAL URBAN TRANSECT ZONE RESTRICTED TO "75-L" URBAN CENTER TRANSECT ZONE LIMITED, AND OF LOTS 3, 30, 31 AND 32 OF THE EDEN PARK PLAT FROM "75-L" URBAN CENTER TRANSECT ZONE -LIMITED TO "T6 -8-L" URBAN CORE TRANSECT ZONE LIMITED, FOR APPROXIMATELY 0.79 ACRES OF REAL PROPERTY, GENERALLY LOCATED AT THE NORTHWEST CORNER OF NORTHWEST 7 AVENUE AND NORTHWEST 35 STREET IN MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 3516 NW 7th Ave LLC (the "Applicant"), submitted a request to change the zoning classification of the westernmost fifty (50) feet of the dually designated property at 3516 Northwest 7 Avenue, and of the property at 725 Northwest 35 Street (collectively, the "Western Lots"), from 74-R" General Urban Transect Zone Restricted to 75-L" Urban Center Transect Zone Limited; and WHEREAS, the Applicant submitted a request to change the zoning classification of the dually designated parcel at 3516 NW 7 Avenue less the westernmost 50 feet (the "Eastern Lots") (Western Lots and Eastern Lots collectively referred to as "Property," as described in Exhibit 'A" attached and incorporated), from 75-L" Urban Center Transect Zone -Limited 76-8- L" Urban Core Transect Zone -Limited; and WHEREAS, the City of Miami ("City") Planning Department, after analysis of the request, recommended approval of the proposed zoning change of the Western Lots from "74-R" General Urban Transect Zone Restricted to 75-L" Urban Center Transect Zone Limited and denial of the proposed zoning change of the Eastern Lots from 75-L" Urban Center Transect Zone -Limited 76-8-L" Urban Core Transect Zone -Limited and found the following: The request to rezone to the Western Lots from 74-R" General Urban Transect Zone Restricted to 75-L" Urban Center Transect Zone Limited is consistent with Policy LU -1.1.3, in that Land Use Policy LU 9.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other, in that the proposed rezoning of the Western Lots would enhance the development pattern of the neighborhood, as it is part of a larger, logical change, offering the proper transitions City of Miami Page 1 of 4 File ID: 4430 (Revision:) Printed On: 4012412098 to the properties zoned 74-R" General Urban Transect Zone Restricted to the south of the site; and 2. The request to rezone the Eastern Lots from "T5 -L" Urban Center Transect Zone - Limited to "76-8-L" Urban Core Transect Zone -Limited is inconsistent with Policy LU - 1.1.3, in that Land Use Policy LU 1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other, in that the proposed rezoning of the Eastern Lots would not enhance the development pattern of the neighborhood, as it is not part of a larger change, nor does it offer proper transitions to the properties zoned 74-R" General Urban Transect Zone Restricted south of the site; and 3. Pursuant to the City of Miami Allapattah Planning Study (the "Study"), the City Planning staff found that the existing accessibility to multi -modal transportation in the area that the Property is located warrants a zoning designation of higher density and intensity; and 4. The Study indicates that the existing condition of the area that the Property is located may benefit from the additional diversity in uses created by the proposed change to from 74-R" General Urban Transect Zone Restricted to "75-L" Urban Center Transect Zone Limited; and 5. The proposed rezone from "75-L" Urban Center Transect Zone -Limited to 76-8-L" Urban Core Transect Zone -Limited changes the nature of the residential street within the neighborhood and allows more intensive uses than currently exists to the south; and 6. Both rezone requests are transitional from west to east; however, the request to rezone from 75-L" Urban Center Transect Zone -Limited to 76-8-L" Urban Core Transect Zone -Limited is not transitional from north to south; and 7. The request to rezone from 74-R" General Urban Transect Zone Restricted to "75- L" Urban Center Transect Zone Limited preserves neighborhoods in an east to west and north to south orientation; and 8. The request to rezone from "T5 -L" Urban Center Transect Zone -Limited to "T6 -8-L" Urban Core Transect Zone -Limited does not preserve neighborhoods in a north to south orientation; and 9. The proposed zoning change from "74-R" General Urban Transect Zone Restricted to "75-L" Urban Center Transect Zone is appropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on abutting properties; and 10. The proposed zoning change from 75-L" Urban Center Transect Zone -Limited to 76-8-L" Urban Core Transect Zone -Limited is inappropriate in light of the intent of the Miami 21 Code and particularly in relation to the effects on abutting properties; and 11. The requested rezone from the 74-R" General Urban Transect Zone Restricted to 75-L" Urban Center Transect Zone maintains the goals of the Miami 21 Code to City of Miami Page 2 of 4 File ID: 4430 (Revision:) Printed On: 1012412018 preserve neighborhoods and provide transitions in intensity and building height as the proposed zoning implements additional heights, densities, and uses for development; and 12. The requested rezone from the "75-L" Urban Center Transect Zone -Limited to 76-8- L" Urban Core Transect Zone -Limited Transect Zone does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height as the proposed zoning implements additional heights, densities, and uses for development; and WHEREAS, the Planning Zoning and Appeals Board ("PZAB") has considered the relationship of the proposed amendment(s) to the goals, objectives and policies of the Miami 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 all other City regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the PZAB has considered the Declaration of Restrictive Covenants, attached hereto and incorporated herein as an Exhibit "B," voluntarily proffered by the Applicant limiting the development of the subject Property by increasing the required setback based on the proposed zoning along Northwest 35 Street, from ten (10) feet to twenty-five (25) feet, where the subject Property abuts the residentially zoned properties to the south; and WHEREAS, after due consideration, PZAB fails to recommend approval by a supermajority vote pursuant to Section 7.1.1.4(4) for the proposed zoning change from the 74- R" General Urban Transect Zone Restricted to 75-L" Urban Center Transect Zone and the proposed zoning change from the 75-L" Urban Center Transect Zone -Limited to "76-8-L" Urban Core Transect Zone -Limited as there was a motion to recommend approval of the proposed rezoning of the Western Lots from "74-R" General Urban Transect Zone Restricted to "T5 -L" Urban Center Transect Zone Limited and denial of the proposed zoning change of the Eastern Lots from 75-L" Urban Center Transect Zone -Limited 76-8-L" Urban Core Transect Zone - Limited, which did not obtain the required concurring votes of a supermajority of board members present pursuant to Section 7.1.1.4(4) of the Miami 21 Code as four (4) members voted in favor of the motion and three (3) members voted against the motion; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: 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 fails to recommend approval by a supermajority pursuant to Section 7.1.1.4 of Ordinance No. 13114, as amended ("Miami 21 Code"), that the City Commission amend the Zoning Atlas of the Miami 21 Code, by changing the zoning classification from 74-R" General Urban Transect Zone Restricted and "75-L" Urban Center Transect Zone Limited for the westernmost fifty (50) feet of the property at 3516 Northwest 7 Avenue and 725 Northwest 35 Street; and by changing the zoning classification from 75-L" Urban Center Transect Zone Limited and "76-8-L" Urban Core Transect Zone Limited of 3516 City of Miami Page 3 of 4 File ID: 4430 (Revision:) Printed On: 90/24/2098 Northwest 7 Avenue (minus the westernmost 50 feet), as described in "Exhibit A", attached and incorporated. Section 3. This Resolution shall become effective upon adoption by the PZAB. 3VFrancis o Garcia, Director epartm of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) I 0;�q� � � - Execution bate � l C )C -,l Personally appeared before me, the undersigned authority, CA%- -rCA-Q I, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIST-1DAY OF (7) CA 201S -fir=,z4- 4* -a -7 Print Notary Name Wary Pu 5lic State of Florida Personally know `% or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath BEATRIZALVAREZ "j1�AYA���= Commission # GG 153715 'A'.a r Expires November 20, 2021 Bon&dThn+TroyFain lnsurar a8004WI019 City of Miami Page 4 of 4 File ID: 4430 (Revision:) Printed On: 1012412018 EXHIBIT "A" PARCEL >, LOTS 3, 29, 30,3/ AND 32 OF EDEN PARC ACCORDING To ME T THEREOF AS RECoRDeD lAf g PUL741CR COR S OFMIAltII nADE PLAT OOUN7i; FLORIDA. BOOK 7 PAGE DARCEL L07' til OF E©EN PARK, ACGCR'TJIIVG TO TM,' ,jAr T1.,EReoF AS R CORoED IN PzAr aow 7, pACa'E .29, l�U�iL IC RECOfT©S OF'+14IIAMI-DADECoutVM,1=LORMA LC-89AND&(CEPT r`WERL-'FRom. THE FAST 7:5 FEET OF LOM 3, 30, 3f r9NL7 ' 32 OF E17� PARK, ACL"OR7 _ TO T mE PiAT THEREOF AS RECORDED AIV I�la4T gLh7YC ,, PAGE ?0 , PUBLIC REC(7RL7 OFR IAM/-L)ApE CfJUNTi; FLORIDA. LYINC,i AND MAO IN SECTION ,26, W KW SHIP 53 80UTH RAW 41 EAST, CITY OF MGU4/, FLORIDA. L?AMIAMI t7E COUNTY, This instrument is prepared by (and after recording) please return this instrument to: Iris Escarra, Esq. Greenberg Traurig 333 SE 2 Avenue, Suite 4400 Miami, FL 33131 Reserved for Recording RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENT that the undersigned, 3516 NW 7th Ave, LLC, a Foreign Limited Liability Corporation ("Owner") hereby makes, declares and imposes on the land herein described, this Restrictive Covenant (the "Covenant") running with title to the land contained herein, which shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through or under them. WHEREAS, Owner is the fee simple title holder to certain property located in Miami -Dade County, Florida, more particularly described on Exhibit "A" ("76 Property") and the property described in Exhibit "B" ("75 Property") attached hereto and incorporated herein (collectively referred to as "Property"); and WHEREAS, as a condition to the rezoning from T4 -R to T5 -L, the Owner voluntarily proffers this Covenant to construct a landscape buffer within a twenty-five foot (25') Setback between the T5 Property and the residential uses to the South; and NOW, THEREFORE, the Owner, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, hereby voluntarily agrees as follows: A. Recitals. The foregoing recitals are true and correct and are incorporated herein as if repeated at length. B. Restriction. Owner covenants to restrict the T5 Property as follows: The T5 Property shall contain a landscape buffer and a minimum of twenty-five foot (25') Setback along NW 35th Street. C. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall be recorded, at Owner's expense, in the Public Records of Miami -Dade County, Florida, and shall remain in full force and effect and be binding upon the undersigned Owner, and its heirs, successors, and assigns until such time as the Covenant is modified or released. These rev. 04/14/2017 restrictions during their lifetime shall be for the benefit of, and be a limitation upon, all present and future owners of the Property and for the public welfare. D. Term. 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 following: (i) then owners of the Property AND (ii) the Director of the Planning Department and the Zoning Administrator subject to the approval of the City Attorney as to legal form, 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 stated herein. E. Modification, Amendment, Release. This Covenant may be modified, amended, or released only after a public hearing before the Planning, Zoning and Appeals Board and the City Commission upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Property for the purposes stated herein. Any amendment or modification approved by the City Commission shall be executed by the Planning Director, the Zoning Administrator, and the City Attorney as to legal form and correctness, or their respective designees or successors, and the then owners of the Property. D. 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, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. E. Election of Remedies. 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 of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. F. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. G. Recording. This Declaration shall be recorded in the Public Records of Miami -Dade County at the Owners' expense within ten (10) days of acceptance by the City. The Office of Zoning, the Planning Department, and the City of Miami City Attorney at 444 SW 2nd Avenue, Miami, Florida 33130, shall be furnished a certified copy within thirty (30) days of recordation. [Signature Page to Follow] rev. 04/14/2017 Signed, witnessed, executed and acknowledged this day of , 2018. STATE OF FLORIDA ) SS. COUNTY OF MIAMI DADE 3516 NW 7t" Avenue, LLC, a Foreign limited liability company By:_ Name: Title: The foregoing instrument was acknowledged before me this _ day of , 2018 by who is personally known to me, or has produced , as identification and she acknowledged before me that he executed the same, freely and voluntarily, for the purposes therein expressed. Name: Notary Public, State of Commission No. rev. 04/14/2017 Exhibit A The T6 Property Lots 3, 30, 31, and 32 of Eden Park, according to the Plat thereof as recorded in Plat Book 7, Page 29, of the Public Records of Miami -Dade County, Florida rev. 04/14/2017 Exhibit B The T5 Property Lots 28 and 29 of Eden Park, according to the Plat thereof as recorded in Plat Book 7, Page 29, of the Public Records of Miami -Dade County, Florida rev. 04/14/2017