PLANNING, ZONING AND APPEALS BOARD FACT SHEET

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1 PZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: zc Quasi-Judicial Title: Location: Applicant(s): A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO , AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L" GENERAL URBAN CORE ZONE TO "T5-O" URBAN CENTER ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4136 NORTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 4136 N. Miami Avenue [Commissioner Michelle Spence-Jones - District 5] Javier F. Avino, Esquire, on behalf of One Fountainhead Center, LLC 333 Avenue of the Americas Miami, FL (305) Current Zoning: T4-L General Urban Zone Proposed Zoning: T5-O Urban Center Zone Purpose: Planning and Zoning Department Recommendation: Analysis: This will change the above property from T4-L "General Urban Transect Zone" to T5-O to "Urban Center Transect Zone". Denial. See supporting documentation. Planning, Zoning and Appeals Board: Continued on March 21, 2012.

2 ANALYSIS FOR ZONING CHANGE Approximately 4136 N Miami Avenue FILE NO zc The subject proposal seeks to amend the Miami 21 Zoning Atlas and has been reviewed pursuant to Article 7, Section of the Miami 21 Zoning Code, Ordinance 13114, as amended. Application requests: The request is to change the current zoning classification from T4-L "General Urban Transect Zone - Limited" to T5-0 "Urban Center Transect Zone - Open". The subject properties are located within the Little Haiti NET area, and consist of northeast parcel of the block bounded with NW 42nd Street to the North, North Miami Avenue to the East, NW 41st Street to the South, and NW 1st Avenue to the West, as depicted in Exhibit "A" (A complete legal description is on file at the Hearing Boards Office) Review and analysis of the proposed application finds that: The subject property is the northeast parcel of the block bounded with NW 42nd Street to the North, North Miami Avenue to the East, NW 41st Street to the South, and NW 1st Avenue to the West. From said block, two out of the three eastern parcels, facing N. Miami Avenue, are designated T5-0 and the subject parcel is currently designated T4-L. The proposed change of zoning designation would assign the same designation to all the eastern parcels of the same block facing North Miami Avenue. The current zoning designation promotes an appropriate transition from East to West and from North to South. The subject parcels comply with Article 7, Section a. Successional Zoning of the Miami 21 Code. The proposed zoning designation is not consistent with the Miami Comprehensive Neighborhood Plan (MCNP) FLUM designation of "Low Density Restricted Commercial", which will require an amendment for consistency. Following are the densities allowed per transects: T4 - L "General Urban Transect Zone -Limited": T5-0 "Urban Center Transect Zone - Open": 36 Units per acre 65 Units per acre The proposed change of zoning designation would promote an undesirable abrupt transition from East to West. Based on these findings, the Planning Department is recommending denial of the application as presented.

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4 NE MIAMI CT NE MIAMI PL NE 1ST AVE NE 2ND AV MIAMI 21 MAP NE 49TH ST NW 48TH ST NE 48TH ST NW 47TH TE NE 1ST AV NE 1ST CT NW 45TH ST NE 45TH ST Buena Vista East Historic District NE 44TH ST NE 44TH ST NW 44TH ST T3-L T4-L NE 43RD ST T3-O NW 42ND ST T3-L NE 42ND ST NE 42ND ST NE 4 NW 1ST AVE NW 41ST ST NW 40TH ST T4-L N MIAMI AVE T5-O T4-O NE 40TH ST T6-12-O NW 39TH ST NE 39TH ST Feet ADDRESS: 4136 N MIAMI AV

5 MIAMI 21 MAP NW 45TH ST NE 45TH ST NE 44TH ST NW 44TH ST T3-L T4-L NE 43RD ST T3-O NW 42ND ST NE 1ST AVE T3-L NE 42ND ST NW 1ST AVE NW 41ST ST NW 40TH ST N MIAMI AVE T5-O T4-O NE 40TH ST T4-L T6-12-O NW 39TH ST NE 39TH ST Feet ADDRESS: 4136 N MIAMI AV

6 MIAMI 21 MAP - PROPOSED NW 45TH ST NE 45TH ST NE 44TH ST NW 44TH ST T3-L T4-L NE 43RD ST T3-O NW 42ND ST NE 1ST AVE T3-L NE 42ND ST NW 1ST AVE NW 41ST ST NW 40TH ST N MIAMI AVE T5-O T4-O NE 40TH ST T4-L T6-12-O NW 39TH ST NE 39TH ST Feet ADDRESS: 4136 N MIAMI AV

7 NW 45TH ST NE 45TH ST NE 44TH ST NE 1ST AVE NW 44TH ST NE 43RD ST NW 42ND ST NE 42ND ST N MIAMI AVE NW 1ST AVE NW 41ST ST NW 40TH ST NE 39TH ST NW 39TH ST NE 40TH ST 600 Feet ADDRESS: 4136 N MIAMI AV

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9 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 covenants running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. 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. 2. Zoning Regulations. The Owner agrees to adhere to the T5-O Designation under Miami 21. In addition, the Owner agrees to the following restrictions: 1) irrespective of the T5-O regulations no building on the Property shall exceed 3 stories; and 2) the proposed development will be in substantial compliance with the plans prepared by Rodriguez and Quiroga, dated September 22, 2011, as determined by the City of Miami Planning Director. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its 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. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner MIA 182,421,103v

10 of the Property, its 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. 5. 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 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. 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 owner(s) of the fee-simple title to the Property to be effected by such amendment, modification, or release and the City of Miami with the approval by the City of Miami City Commission at a public hearing, which public MIA 182,421,103v

11 hearing shall be applied for by, and be at the expense of the Owner. Any modification, amendment, or release of this covenant will be subject to the approval as to legal form by the City Attorney. 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Records of Miami-Dade County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning Administrator at 444 SW 2 nd Avenue, 4 th Floor, Miami, Fl., within thirty(30) days of recordation. MIA 182,421,103v

12 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this day of,. IN WITNESS WHEREOF, has caused these presents to be signed in its name by its proper officials. Witnesses: Signature Print Name Signature Print Name One Fountainhead, LLC 4136 North Miami Avenue Miami, Florida By: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by the manager of, a corporation, on behalf of the corporation. He is personally known to me or has produced Florida Driver s licence:, as identification. Witness my signature and official seal this day of, 2010 in the County and State aforesaid. My Commission Expires: Notary Public-State of FLORIDA MIA 182,421,103v

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