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HomeMy WebLinkAboutPZAB (4421) Resolution���. City of Miami City Hall F PZAB Resolution 3500 Pan American Drive * ������ ������ * Miami, FL 33133 o e �,' www.miamigov.com Enactment Number: PZAB-R-19-024 File ID: 4421 Final Action Date: 6/5/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OF 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 FROM "73-R" SUB -URBAN TRANSECT - RESTRICTED AND 73-L" SUB -URBAN TRANSECT — LIMITED, TO 74-R" GENERAL URBAN TRANSECT — RESTRICTED, FOR APPROXIMATELY 4.9 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675 AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007, 1015 AND 1111 NORTHWEST 17 COURT, AND A PORTION OF 1389 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 1459, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675 and 1701 Northwest South River Drive, 1001, 1007, 1015 and 1111 Northwest 17 Court, and a portion of 1389 Northwest 7 Street, Miami, Florida are currently zoned 73-L" Sub -Urban Transect Zone — Limited; and WHEREAS, the properties located at approximately 1465 Northwest South River Drive, a portion of 1459 Northwest South River Drive, and the portion of 1389 Northwest 7 Street subject to this proposed rezoning are currently zoned "73-R" sub -Urban Transect Zone — Restricted; and WHEREAS, Emilio T. Gonzalez, Ph.D. City Manager, on behalf of the City of Miami ("Applicant" or "City") has submitted a request to change the zoning classification for all of the affected property to 74-R" General Urban Transect Zone — Restricted; and WHEREAS, the context of the neighborhood primarily comprises single-family residence with the area principal zoning classification of 73-L" and 73-R" Sub -Urban Transect Zone, except for three Lots recently zoned 74-R" General Urban Transect Zone; and WHEREAS, the three Lots in question are generally located at 1515, 1529, and 1543 Northwest South River Drive encompassing approximately 1.77 acres of land situated east of Northwest 16 Avenue, south of the Miami River and north of Northwest South River Drive that are in the middle of the Lots proposed for rezoning with the current applications; and WHEREAS, the applicant that sought the rezoning of the three (3) Lots voluntarily proffered a Declaration of Restrictive Covenants with their application, which proffered a publicly accessible Riverwalk, the replacement of the adjacent public seawall, and public space City of Miami Page 1 of 4 File ID: 4421 (Revision: C) Printed On: 611812019 improvements adjacent to that applicant's own properties generally located along Northwest 16 Avenue; and WHEREAS, the change of zoning classification request of T3 -L to T4 -R was reviewed by the Planning, Zoning, and Appeals Board ("PZAB") at its November 1, 2017, meeting and after much discussion, the Board voted unanimously to recommend denial of the request to the City Commission; and WHEREAS, at its March 22, 2018 meeting, the City Commission voted unanimously to adopt the amendment of the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") by changing the FLUM designation from "Single -Family Residential" to "Low Density Multifamily Residential" and unanimously adopted a change of zoning classification from 73-L," Sub -Urban Transect Zone — Limited, to 74-R," General Urban Transect Zone — Restricted, for the three (3) Lots generally located at 1515, 1529 and 1543 Northwest South River Drive with modification(s); and WHEREAS, the Commission also "...directed the City of Miami's Planning Department's staff to conduct a study of the subject property for change of zone area to determine whether an up zoning of the area is appropriate to match the change of zoning request before the City Commission;" and WHEREAS, on March 21, 2018, the City's Planning Department staff conducted a public workshop at Jose Marti Park to the discussion the merits and disadvantages of rezoning the balance of the river front properties to T4 -R to match the adopted rezoning of 1515, 1529 and 1543 Northwest South River Drive; and WHEREAS, the affected property owners expressed their desire to have their property rezoned to T4 -R to match the previously adopted MCNP FLUM amendment of "Low Density Multifamily Residential" and change of zoning classification to T4 -R; and WHEREAS, based off of the Planning staff's study of the area and residents unwavering desire to have the subject properties match the adopted change, the City initiated an application to amend the 2020 Future Land Use Map of Miami Comprehensive Neighborhood Plan to "Low Density Multifamily Residential" and rezone the area to T4 -R; and WHEREAS, the subject zoning change consists of sixteen parcels totaling approximately 4.9 acres within the Little Havana NET area; and WHEREAS, Planning Department after analysis of the request recommends approval for the proposed zoning change; and WHEREAS, the request complies with the requirement for rezoning as set forth in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, as amended, ("Miami 21 Code"), Section 7.1.2.8 (c) (1) as the proposal contains 173,942 square feet of land; and WHEREAS, the rezoning, as requested, matches with the successional table for rezoning in Miami 21 Code, Section 7.1.2.8 (a)(2), and consequently complies with Section 7.1.2.8 (f)(2); and WHEREAS, the request is transitional, and it establishes uniformity in density and intensity within the neighborhood context; and City of Miami Page 2 of 4 File ID: 4421 (Revision: C) Printed On: 6118/2019 WHEREAS, the requested rezoning represents continuity of density and intensity in the area. The change of zoning promotes development in scale with the area that will not adversely impact the characteristic of the area; and WHEREAS, the proposed change of zoning classification constitutes an increase in density and intensity within the area, which aligns with recent change of zoning approval of the area; and WHEREAS, the Miami River Commission ("MRC") has reviewed the proposed change of zoning and conditioned its recommendation of approval on the creation of the Riverwalk on the affected properties along Northwest South River Drive; and WHEREAS, affected property owners along Northwest South River Drive have voluntarily proffered a Declaration of Restrictive Covenants ("Covenant") that would require the development of a complete, publicly accessible Riverwalk, within the Waterfront Setback prescribed for "74-R", upon the redevelopment of the property utilizing land development entitlements above those prescribed for 73-L"; and WHEREAS, the Riverwalk, proposed through the Covenant, would conform to the design standards in the Miami 21 Code, Appendix B, as amended, within the Waterfront Setback prescribed for 74-R zoned properties. The Riverwalk would be open to the public from the hours of 6:00 am to 10:00 pm, pursuant to the Miami 21 Code; and WHEREAS, the Covenant is attached and incorporated here as Exhibit "B"; and WHEREAS, PZAB considered the goals, objectives and policies of the Comprehensive Plan, the Miami 21 Code, and 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 requested change of zoning from 73-R" and "73-L" to "74-R" is consistent with the prevailing residential zoned and character of the area; and WHEREAS, the proposed change maintains the goals of the Miami 21 Code 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 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 approve the amendment of the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, as amended, ("Miami 21 Code") by changing the zoning classification from "73-R" Sub - Urban Transect Zone — Restricted and 73-L" Sub -Urban Transect Zone — Limited to 74-R" General Urban Transect Zone — Restricted, for the property located at approximately 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675 and 1701 Northwest South River Drive, City of Miami Page 3 of 4 File ID: 4421 (Revision: C) Printed On: 611812019 1001, 1007, 1015 and 1111 Northwest 17 Court, and a portion of 1389 Northwest 7 Street, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3. This Resolution shall become effective upon adoption by the PZAB. ro Isco Garcia, Director `Npartment of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Execution Date Personally appeared before me, the undersigned authority, Ff\CCA Lem , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolutio SWORN AND SUBSCRIBED BEFORE ME THIS ObnAY OF 71_X1-+✓ 2 1q S%\uta C-X>,)-ual-e Z gVLA Print Notary Name Nota Public 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 „•,,,, �(ip:,?� • SILVIAGON7JU.EZ MY COMMISSION # GG 051561 :* *: +.p EXPIRES: November 30, 2020 %goF F��r err Bonded Thru Notary Public Underwriters • City of Miami Page 4 of 4 File ID: 4421 (Revision: C) Printed On: 611812019 EXHIBIT A FILE ID -4421 PROPERTY FOLIO 1459 NW South River Drive 01-3135-015- 0020 1465 NW South River Drive 01-3135-014- 0010 1491 NW South River Drive 01-3135-016- 0010 1501 NW SOUTH RIVER DRIVE 01-3135-016- 0020 1603 NW SOUTH RIVER DRIVE 01-3135-016- 0080 1611 NW SOUTH RIVER DRIVE 01-3135-016- 0081 1631 NW SOUTH RIVER DRIVE 01-3135-016- 0082 1645 NW SOUTH RIVER DRIVE 101-3135-016- 0085 1665 NW SOUTH RIVER DRIVE 01-3135-016- 0083 1675 NW SOUTH RIVER DRIVE 01-3135-016- 0084 1111 NW 17 COURT 01-3134-094- 0010 1701 NW SOUTH RIVER DRIVE 01-3134-045- 0810 1015 NW 17 COURT 01-3134-045- 0820 1007 NW 17 COURT 01-3134-045- 0830 LEGAL DESCRIPTION 35 53 41 OAK TERR PB 6-126 LOT 2 LESS PORT LYG IN R/W DESC- BEG 178.85FTN OF SE COR LOT 2 TH S65DEG W 112.69FT TH NW 154.97FT T N65DEG E78FT TH SE ALG RIVER TO X WITH E/L LOT 2 TH S127FT TO PO ALG WITH RIP RTS LOT SIZE IRREGULAR OR 20019-1261 1198 4 LAWRENCE GROVE PB 2-55 THAT PORT OF LOT 3 LAWRENCE GROVE PB 2-55 LYG S OF R/W LOT SIZE 2336 SQUARE FEET OR 18779-0989 05 1999 4 COC 23365-1577 05 2005 4 GROVE PARK PB 5-66 THAT PORT LYG N OF R/W OF LOT 1 BLK 1 & THAT PORT LYG N OF R/W OF LOT 3 LAWRENCE GROVE PB 2-55 LESS PART PLATTED IN OAK TERR LOT SIZE 17738 SQUARE FEET OR 12270-1425 0984 1 COC 23365-1575 05 2005 4 GROVE PARK PB 5-66 LOTS 2 & 3 LESS THAT S PORT LYG IN R/W BILK 1 & PORT OF LOT 4 BEG SE COR OF LOT 4 TH N 00 DEG W 112.49FT N 71 DEG W 0.35FT S 00 DEG E 112.50FT S 73 DEG E 0.35FT TO POB LOT SIZE 26337 SQ FT GROVE PARK PB 5-66 LOT 1 BILK 2 OR 19747- 2268 06 2001 1 COC 25987-2304 09 2007 1 35 53 41 GROVE PARK PB 5-66 LOT 2 BILK 2 LOT SIZE 16500 SQUARE FEET OR 12843-0073 0386 1 COC 23567-3348 07 2005 1 GROVE PARK PB 5-66 LOT 3 LESS W1FT BILK 2 LOT SIZE 16402 SQUARE FEET OR 11738-479 0383 5 GROVE PARK PB 5-66 LOT 4 & W1FT LOT 3 BILK 2 LOT SIZE 17040 SQUARE FEET OR 17223-1721 0596 4 35 53 41 GROVE PARK PB 5-66 LOT 5 BILK 2 LOT SIZE 16936 SQUARE FEET 73R-184278 OR 18211-0336 0798 1 GROVE PARK PB 5-66 LOT 6 BILK 2 LOT SIZE 17110 SQUARE FEET OR 16885-1203 0895 1 COC 26278-4843 02 2008 1 BETTYS ISLAND PB 109-57 TRACT A LOT SIZE 14375 SQ FT OR 19087-3725 04 2000 2(2) LAWRENCE PARK AMD PB 7-140 BEG 28.68FTN OF SW COR LOT 67 N 15.09FT NELY AD 30.75FT TO MOST NLY COR LOT 67 SE ALG LOT /L 68FT E 8.61FT SWLY AD 21.49FT WILY AD 54.62FT TO POB & PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 1696 SQ FT OR 19087-3725 04 2000 2(2) LAWRENCE PARK AMD PB 7-140 BEG SW COR LOT 68 N18.85FT E4FT NELY ARC DIS 29.15FT NELY50.16FT SELY34.4FT S20.14FT W95.83FT TO POB AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 3511 SQUARE FEET OR 14068-2507 0489 1 LAWRENCE PARK AMD PB 7-140 BEG AT SW COR LOT 69 N52.98FT E95.83FT SWLY53.32FT W93.06FT TO POB AND PROP INT IN & TO 1001 NW 17 COURT 01-3134-045- 0840 A PORTION OF 1389 NW 7 STREET 01-3135-021- 0160 COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 52.980 X 94 OR 16180-3449 1293 4 LAWRENCE PK AMD PB 7-140 PORT OF LOTS 70 & 71 DESC BEG SFTE OF NW COR OF LOT 70 TH S84.2FT N 58 DEG E 85.09FT NLY AD 43.20FT TO N/L OF LOT 70 W88.06FT TO POB AND PROP INT IN & TO COMMON ELEMENTS NOT DEDICATED TO PUBLIC LOT SIZE 4817 SQ FT OR 15430-1934 02924 Lot 1 of Block 1 of the Oak Terrace Subdivision PB 2-550 This instrument was prepared by and after recordation return to: (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT, This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2019, by (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "City") WHEREAS, the undersigned Owner holds fee simple title to certain real property located at in Miami, Florida, which are identified by Miami -Dade Tax Folio Nos. and legally described as follows: hereinafter referred to as the `Property." WITNESSETH WHEREAS, the City sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner voluntarily proffers this Declaration to assure that the Property shall be developed in accordance with the provisions of the Declaration herein; and Declaration of Restrictive Covenant Page 2 of 6 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 running with the land and binding upon the Owner of the Property, and its heirs, grantees, successors, 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: 1. Upon redevelopment of the Property utilizing land development entitlements above those prescribed for 73-L", Sub -Urban Transect Zone — Limited, within the Miami 21 Zoning Code, as amended, the Owner shall develop a publicly accessible Riverwalk within the waterfront setback prescribed within the zoning code and Section 3(mm)(ii) of the Charter of the City of Miami. 2. The Riverwalk, once constructed and upon connectivity with neighboring, publicly accessible portions of Riverwalk or public Right -of -Way, shall be open to the public for waterfront access from 6:00 AM to 10:00 PM along the Riverwalk. 3. The proffered Riverwalk will be designed in accordance to Article 3, Section 3.11 and Appendix B of the Miami 21 Code. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property that shall be binding upon Owner, its heirs, grantees, successors, and assigns. These Section -Township -Range: Folio Nos.: Declaration of Restrictive Covenant Page 3 of 6 restrictions 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 Declaration on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the Property, its heirs, grantees, successors in interest and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the public records 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 instrument shall be in Miami -Dade County, Florida. Each Party shall bear their own attorney's fees and costs. 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 Planning, Zoning and Appeals Board or City Commission after a public hearing which public hearing shall be applied for 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's Planning Department, or his successor or designee, 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 and recorded within the Public Records of Miami -Dade County, Florida. Section 7. Inspection and Enforcement., 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 Section -Township -Range: Folio Nos.: Declaration of Restrictive Covenant Page 4 of 6 of the Property and to determine whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. 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 violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. Each party shall bear their own attorney's fees and costs. 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 herein 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. Recordinq. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, by the Owner and at the cost of the Owner, within fifteen (15) days of execution and acceptance by the City. The Owner shall promptly furnish the City Planning Director and Zoning Director with a recorded copy of this Declaration within thirty (30) days of recordation of same. Section 10. No Vested Riahts. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. [Signature Pages to Follow] Section -Township -Range: Folio Nos.: Declaration of Restrictive Covenant Page 5 of 6 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of 2019. WITNESSES: OWNER: By: Signature By: Print Name M Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Address: The foregoing instrument was acknowledged before me by . 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. Notary Public State of Florida My Commission Expires: Print Name Section -Township -Range: Folio Nos.: Declaration of Restrictive Covenant Page 6 of 6 Approved as to Planning: Francisco Garcia, Director Planning Department Approved as to Legal Form: Victoria Mendez City Attorney Section -Township -Range: Folio Nos.: