HomeMy WebLinkAboutExhibit B SUBTHIS ITEM IS A SUBSTITUTION.
Submitted into the publicTHE ORIGINAL CAN BE SEEN AT
record for item(s) P2.5
THE END OF THIS DOCUMENT. on 07-22-2021 , City Clerk
Document prepared by:
Office of City Attorney
Victoria Mendez, City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Attn: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s): 01-4116-008-0011, 014116-009-0010
(Space Above for Recorder's Use Only)
DECLARAUON OF RESTRICTIYE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of June 2021, by 27TH AVENUE AND CORAL WAY, LLC, a Florida limited
liability company having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134
and 27TH AVENUE AND CORAL WAY 2, LLC, a Florida limited liability having offices at
2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 (collectively, the "Owners"), in
favor of the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
V4IMREAS, Owners holds feesimple title to certain property in the City of Miami,
Florida, located at 2200 SW 27 Avenue and 2222 SW 27 Avenue in Miami, Florida, legally
"Property");
described in Exhibit A attached hereto and made a part hereof (the and
T
WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
WHEREAS, the Owners are desirous of freely making a voluntary binding commitment
to assure and affirm that the Property shall be developed and maintained in accordance with the
provisions of the Declaration herein.
NOW THEREFORE, the Owners, 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 Owners of the Property, and its heirs, grantees,
successors, and assigns as follows:
ly
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. Use/Restriction; Rig cif W y =rovements Contribution,_ Prior to the issuance
of a building permit for new construction, the Owner shall contribute one hundred fifty thousand
dollars ($150,000) to the City of Miami towards right-of-way improvements, to be entirely used
along SW 22nd Terrace in the abutting area and/or neighborhoods within District 4, in the manner
decided by the City. The payment shall be made in full in one lump sum for a total amount of
one hundred fifty thousand dollars ($150,000) by certified or cashier's check payable to the City
of Miami. The Owners affirm it is the Owner's express commitment to make this contribution as
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a condition precedent to issuance of the building permit. Once such payment is received the City
will issue a receipt to the Owners which will be proof of the Owner's compliance with this
Section. This contribution is not required should the Property be rezoned to T5-0 pursuant to
Section 5.
F.
3. HdghL The Property shall be developed at a maximum height not to exceed ten
"Definitions
(10) stories. Building Height is defined in Sec. 1.2, of Terms", of the Miami 21
Code which definition is incorporated is incorporated by reference.
4. Parkins. The Owners agree that any new development on the Property shall not
be developed with any parking reductions or parking waivers. Parking shall be at minimum as
required by the Miami2i Code, as amended. All parking shall be on site located within the
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Property. There shall be no off -site parking.
5. Vehicular Access; Service Area Access. Any new development on the Property
shall include a driveway access from SW 27"h Avenue and a driveway exit onto Coral Way, both
subject to Florida Department of Transportation ("FDOT") approval, Miami -Dade County
("County") approval, and approval required under the Miami 21 Code, including modification to
the Property's existing non -conforming access under the Miami 21 Code, or any successor
zoning ordinance. The Owners shall diligently pursue any required FDOT and County approvals
as well as seek any required Waiver(s) or other requirements under the Miami 21 Code, or any
successor zoning ordinance, to effectuate such driveway access, exit, and service area described
herein. If the Owners have not obtained all required FDOT, County, and City approvals,
including any required Waiver, to successfully effectuate the vehicular access, exit, and service
area described here within one (1) year of the City Cotnmission's acceptance of this Declaration,
the Owners freely agree to, within thirty (30) days, meet with City staff and diligently proceed, in
good faith, to agree on a modification to this Declaration or other action by the Owners to
accomplish such, with such modification being applied for by the Owners at their cost for City
Commission decision. The Owner further freely agrees that, if after eighteen (18) months from
the date City Commission accepts this Declaration, the driveway access, exit, and service areas
have not been approved as provided by this Section, the Owner will immediately, at its own cost,
apply for a rezoning of this Property to its former transect zone classification of T5-0. In the
event that an application to modify this Declaration is submitted at any time, the 18-month
timeframe for applying to rezone the Property shall be tolled until a final decision is rendered
with respect to the proposed Declaration modification In the event of the rezoning of the
Property to T5-0, Owner freely agrees it will not claim any vested or other private property
rights or entitlement to a T6-8-0 or higher density zone. If the Property is rezoned to T5-0
pursuant to this Section, the monetary contribution pursuant to Section 2 of this Declaration shall
not be required and the restrictions related to the physical development of the Property as stated
herein shall be null and void. Notwithstanding, the voluntary proffer that Owner will not claim
any vested rights in the event of a rezoning as stated in this Section will survive.
6. Loa ing and deliveries. All loading, unloading, deliveries and commercial
services to the Property shall be provided from SW 22nd Terrace Monday through Friday no
earlier than 8 am and no later than 6 pm. Loading, unloading, and deliveries are not allowed on
Saturdays or Sundays. These requirements apply each day of each year.
7. Sianage. The owner agrees to fund the purchase and installation of any
directional signage related to new development on the Property that the Public Works
Department requires along the right of ways abutting the Property. Signage will comply with
applicable City and County Sign Codes.
8. 5. Any art provided shall be made an integral part of the design of the
building's facades. In addition, if any Art is required by the Art in Public Program, Chapter 62,
Article XVI, of the City Code, it shall be made an integral part of the design of the building's
facades.
4. Effective Date. This instrument shall constitute a covenant running with the
title to the Property and be binding upon Owners, their 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.
10. Term of Dgelaration. This voluntary Declaration on the part of the Owners
shall remain in full force and effect and shall be binding upon the Owners, their, successors,
heirs, grantees, 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 periods of ten (10)
years, unless modified, amended, or released prior to the expiration thereof.
11. Inspection and Enforcenicnt. 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 inspectors 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. In any such action(s) each party shall bear their own
attorney's fees.
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12. Cumn t� ive. All rights, remedies, and privileges gained herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
*n,,titute an election of remedies, nor shall it preclude the party exercising the same from
FILE NO. 8997 EXHIBIT B SUB
exercising such other additional rights, remedies or privileges as may be available to it.
13. Amendment. Modification, Release. This instrument may be modified,
amended, or released as to any portion or all of the Property only after the occurrence of a public
hearing, the cost and application for which shall be paid by the Owners, before, and approval
from, the City Commission. Any amendment, modification, or release shall be executed by the
Planning Director and the Zoning Administrator, or their successor or designee, and be in a form
acceptable to the City Attorney. Any release of this. Declaration as described herein approved by
the City shall be executed by the Planning Director and the Zoning Administrator, or their
successor or designee and the release shall be promptly recorded in the Public Records of
Miami -Dade County by the Owners.
14. Severability. Invalidation of anyone 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.
15. Recrdutg. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the cost of the Owners, within thirty (30) days of the
acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City
Department of Hearing Boards within thirty (30) days of recordation.
16. Counterparts/F:lectronic Signature. This Declaration may be executed in any
number of counterparts, each oI' which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile,
PDF, or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
17. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
SIGNATURE PAGES TO FOLLOW
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
June 2021.
WITNESSES: OWNER:
27TH AVENLTE AND CORAL WAY, LLC
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
Managing Member f Partner
Name: Pablo L. Cejas
Title: AMBR
2199 PONCE DE LEAN BOULEVARD
CORAL GABLES, FL 33134
The foregoing instrument was acknowledged by means of • physical presence or •
online notarization before me by Pablo L. CeJas, the A11BR of 27TH AVENUE AND CORAL
WAY, LLC, on behalf of the limited liability company. He is i personally known to me or 0
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has produced , as identification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
July 2021.
WITNESSES. OW I:RN
27TH AVENUE AND CORAL WAY 2, LLC
Signature
Managing, Member 1 Partner
Print Name Name: Pablo L. Cejas
Title: AMBR
Signature 2199 PONCE DE LEON BOULEVARD
CORAL GABLES, FL 33134
Print Name
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADS)
The foregoing instrument was acknowledged by means of • physical presence or •
online notarization before me by Pablo L. Cejas, the AMBR of 27TH AVENUE AND CORAL
WAY 2, LLC, on behalf of the limited liability company. He is • personally known to me or •
has produced , as identification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
APPROVED AS TO CONTENTS:
Cesar M. Garcia -Pons
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
Exhibit A
Al of lots 1 and 2 and the East 25 feet of lot 3, Block I, of MIAMI SUBURBAN ACRES,
according to the Plat thereof, recorded In Plat Book 2, of Page 84 of the PubPlc Records
of Mlom�Dode County, Florida, save, and excepting therefrom the following; the North
32.8 feet, the East 35 feet and the South to feet for street right of way.
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SUBSTITUTED.
Document prepared by:
Office of City Attorney
Victoria Mendez, City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Attn: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
DECLARATION OF RESTRICTIVE C1
THIS DECLARATION OF RESTRICTIVE
day of June 2021, by 27TH AVENUE AND
liability company having offices at 2199 Ponce de
and 27TH AVENUE AND CORAL WAY 2,
2199 Ponce de Leon Boulevard, Coral
ZNAN
Above for Recorder's Use Only)
TS
TS (the "Declaration"), made this
RAL WAY, LLC, a Florida limited
Boulevard, Coral Gables, Florida, 33134
, a Florida limited liability having offices at
Florida, 33134 (collectively, the "Owners"), in
favor of the City of Miami, Florida, a muficipality of the State of Florida (the "City")
ITNESSETH:
WHEREAS, Owners holds fee -simple title to certain property in the City of Miami,
Florida, located at 2200 SW/27 Avenue and 2222 SW 27 Avenue in Miami, Florida, legally
described in Exhibit A a0ched hereto and made a part hereof (the "Property"); and
WHEREAS, tjYe Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
1
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
WHEREAS, the Owners are desirous of freely making a voluntary b
to assure and affirm that the Property shall be developed and maintained in
provisions of the Declaration herein.
commitment
with the
NOW THEREFORE, the Owners, for valuable consideratigh, the receipt and adequacy
of which are hereby acknowledged, voluntarily covenayshalle
rees that the Property shall be
subject to the following restrictions that are intended anemed to be a covenantrunning
with the land and binding upon the Owners of the Propeheirs, grantees, successors, and
assigns as follows:
1. Recitals. The recitals and findings)(et forth in the preamble of this Declaration are
hereby adopted by reference thereto and
2.
ted herein as if fully set forth in this Section.
the' suance
At the time o a
Temporary Certificate of Occupancy ap(d prior to the issuance of a new Certificate of Occupancy,
the Owner shall contribute $100,00Xto the City of Miami towards right-of-way improvements, to
be entirely used in the abutting y fea and/or neighborhoods within District 4, in the manner decided
by the City, along SW 22nd/'errace in the area of the Property and/or in abutting neighborhoods
within District 4. The Jayment shall be made in frill in one total amount sum of $100,000 by
certified or cashier'y"check payable to the City of Miami. The Owners affirm it is the Owner's
express commity-6ent to make this contribution as a condition precedent to issuance of the
Certificate oyOccupancy. Once such payment is received the City will issue a receipt to the
Owners g/hich will be proof of the Owner's compliance with this Section.
N
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
3. Hecht. The Property shall be developed at a maximum heighXimi
ceed 10
stories. Building Height is defined in Sec. 1.2, "Definitions of Terms", of th1 Code
which definition is incorporated is incorporated by reference.
4. Parking, The Owners agree that any new development on t Property shall not be
developed with any parking reductions or parking waivers. Parkin shall be at minimum as
required by the Miami2l Code, as amended. All parking shall eon site located within the
Property. There shall be no off -site parking.
5. Vehicular Access; Service A/and
development on the Property shall
include a driveway access from SW 27 h Aveeway exit onto Coral Way, subject to
Florida Department of Transportation (FDi-Dade County approval. The sole
vehicular entrance to the Property shall be fronue. The sole vehicular exit from the
Property shall be on Coral Way (SW 22nd treet). The service entrance/exit, including loading and
unloading areas, and any commerci services to the Property, shall only be accessed from SW
22nd Terrace.
6. Loading and giveries. All loading, unloading, deliveries and commercial services
to the Property shall be Vovided from SW 22nd Terrace Monday through Friday no earlier than 8
am and no l/_S_i=age.
6 pm. Loading, unloading, and deliveries are not allowed on Saturdays or
Sundays. Trements apply each day of each year.
7. The owner agrees to fund the purchase and installation of any directional
signage,felated to new development on the Property that the Public Works Department requires
3
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
along the right of ways abutting the Property. Signage will comply with applicable C' and
County Sign Codes.
8. Art. Any art provided shall be made an integral part of the design o the building's
It should be either the Art In Public Places Program OR the Public Art Program
facades. In addition, if any Art is required by the Art in Public Program, Chap r 62, Article XVI,
of the City Code, it shall be made an integral part of the design of the builXng's facades.
9. Effective Date. This instrument shall constitute a covvAant running with the title
to the Property and be binding upon Owners, their heirs, granteear, successors and assigns upon
recordation in the Public Records of Miami -Dade County, F196da. These restrictions shall be for
the benefit of, and a limitation upon, all present and fut)1re owners of the Property and for the
public welfare.
10. Term of Covenant. This voluntary/ovenant on the part of the Owners shall remain
in full force and effect and shall be binding Xpon the Owners, their, successors, heirs, grantees,
and assigns for an initial period of thirty (U) years from the date this instrument is recorded in the
public records and shall be automaticAly extended for periods of ten (10) years, unless modified,
amended, or released prior to the xpiration thereof.
11. Ins ection an nforcement. It is understood and agreed that any official inspector
of the City of Miami ma have the right at any time during normal working hours of the City of
Miami's inspectors V 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 bui)(ling and zoning regulations are being complied with. An action to enforce the terms
and concjAions of this Declaration may be brought by the City and may be by action at law or in
E
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
equity against any party or person violating or attempting to violate any co
Declaration or provisions of the building and zoning regulations, either to restrain
recover damages. This enforcement provision shall be in addition to any other Vn
under the law. In any such action(s) each party shall bear their own
12. Cumulative. All rights, remedies, and privileges €
be cumulative and the exercise of any one or more shall neither be
of remedies, nor shall it preclude the party exercising the
additional rights, remedies or privileges as may be available/lo it.
s fees.
's of this
ions or to
available
shall be deemed to
to constitute an election
from exercising such other
13. Amendment, Modification, Release. Th,A instrument may be modified, amended,
or released as to any portion or all of the Prop7the
my after the occurrence of a public hearing,
the cost and application for which shall be paidOwners, before, and approval from, the City
Commission. Any amendment, modificatiog! or release shall be executed by the Planning Director
and the Zoning Administrator, or their Accessor or designee, and be in a form acceptable to the
City Attorney. Any release of thisAovenant as described herein approved by the City shall be
executed by the Planning Direc)6r and the Zoning Administrator, or their successor or designee
and the release shall be proidptly recorded in the Public Records of Miami -Dade County by the
Owners.
14. Seve bilit . Invalidation of any one of these covenants by judgment of Court shall
not affect any gYthe other provisions of this Declaration, which shall remain in full force and
effect.
5
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
15. Recording. This Declaration shall be filed of record among the Public Re rds of
Miami -Dade County, Florida, at the cost of the Owners, within thirty (30) days of the cceptance
by the City. The Owner shall furnish a copy of the recorded Declaration to the 'ty Department
of Hearing Boards within thirty (30) days of recordation.
16. Counterparts/Electronic Signature. This Declaration m be executed in any
number of counterparts, each of which so executed shall be deemed o be an original, and such
counterparts shall together constitute but one and the same De aration. The parties shall be
entitled to sign and transmit an electronic signature of this Dec ration (whether by facsimile, PDF,
or other email transmission), which signature shall b inding on the party whose name is
contained therein. Any party providing an electroni signature agrees to promptly execute and
deliver to the other parties an original signed De aration upon request.
17. No Vested Rights. Nothing i his Declaration shall be construed to create any
vested rights whatsoever to the Owner, i successors, or assigns.
TURE PAGES TO FOLLOW
no
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
IN WITNESS WHEREOF, the undersigned has set his hand /CORAL
day of
June, 2021.
WITNESSES: OWNER:
27TH AVENUE ALC
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
Managing Me ber / Partner
Na/AM
. Cejas
Titl219DE LEON BOULEVARD
COLES, FL 33134
The foregoing instrument was yknowledged by means of ❑ physical presence or ❑ online
notarization before me by Pablo L. jas, the AMBR of 27TH AVENUE AND CORAL WAY,
LLC, on behalf of the limited lia ility company. He is ❑ personally known to me or ❑ has
produced , a identification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
7
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
June, 2021.
WITNESSES:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE)
OWNER:
27TH AVENUE AND
of
WAY 2, LLC
Managing Me er / Partner
Name: Pablo . Cejas
Title: AMB
2199 P CE DE LEON BOULEVARD
CO GABLES, FL 33134
The foregoing instrument was ac owledged by means of ❑ physical presence or ❑ online
notarization before me by Pablo L. C as, the AMOR of 27TH AVENUE AND CORAL WAY
2, LLC, on behalf of the limited li ili
' enty company. He is ❑personally known to me or ❑has
produced , astification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
6311 MI10j12191
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
APPROVED AS TO CONTENTS:
Cesar M. Garcia -Pons
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
I
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
Exhibit A
All of Lots l and 2 and the East 25 feet of Lot 3. Block L of MIAMI SUBURBAN ACRES,
according to the Plat thereof, recorded in Plat Book 2, of Page 84 of the Public Re
of Miarr7i-Dade County, Florida; save, and excepting therefrom the following; the t
323 feet, the East 35 feet and the South 10 feet for street right of way, /
10
ProjectDow
Checklist Comments Report
Project Name: PZ-19-4416
Workflow Started: 06/28/2021 9:28 AM
Report Generated: 07/09/2021 11:42 AM
SUBSTITUTED.
Grouping
Cycle
Ref #
Permit Type
Group Name
Comment Type
Category Type
Reviewer Comment
Applicant Response
Status
Upd By
Last Updated
Completed?
Date Completed
1
Site Development
Permitting
General
Prescreen Review
The zoning Administrator's last
Mr. Goldberg's name has been
at
nastassia Garcia
06/29/2021 9:49 AM
True
06/29/2021 9:49
Coordinator
name shall be fixed.
corrected.
AM
Page 7 is not duplicated.
There are two (2) simila
2
Site Development
Permitting
General
Prescreen Review
Page 7 and duplicated
named entities tha n the
Met
Anastassia Garcia
06/29/2021 9:49 AM
True
06/29/2021 9:49
Coordinator
property: 27 enue and
AM
Coral ,LLC and 27th
nue and Coral Way 2, LLC.
2. Use/Restriction- Su uld
Planning
be in addition to pecific
3
Site Development
Executive
General
Department Review
ef6Ch. nts
ROW impr ents othennrise
Not Met
Jeremy Calleros
07/02/2021 3:47 PM
False
07/02/2021 3:47
Review Group
requ' per Building to
Gauger
PM
nfirm enforcement
mechanism at C.O.
Planning
4. Parking- Parking reductions
Main Workflow
4
Site Development
Executive
General
epartment Review
area restricted already due to
Waived
Jeremy Calleros
07/02/2021 4:43 PM
True
07/02/2021 4:43
Review Group
T3 proximity. Proffer is
Gauger
PM
extraneous.
Planning
5. Vehicular Access- Per 5.6.4,
1
5
Site Development
Executive
General
Department Review
Parking shall be accessed from
Not Met
Jeremy Calleros
07/02/2021 3:47 PM
False
07/02/2021 3:47
Revie oup
the Secondary frontage, (SW 22
Gauger
PM
TER).
5. Vehicular Access- 27 Ave
Planning
and Coral Way are Primary
Jeremy Calleros
07/02/2021 3:47
6
Si velopment
Executive
General
Department Review frontages where vehicular
Not Met
Gauger
07/02/2021 3:47 PM
False
PM
Review Group
entrance and exits are not
allowed per 5.6.4.c.
5. Vehicular Access- Limiting
Planning
parking access to primary
Jeremy Calleros
07/02/2021 3:47
7
Site Development
Executive
General
Department Review
streets will force traffic into
Not Met
Gauger
07/02/2021 3:47 PM
False
PM
Review Group
surrounding neighborhoods. to
the north and east.
ProjettDoxc SUBSTITUTED.
Checklist Comments Report
5. Vehicular Access- Sole exit
on 22nd will not prevent
Planning
eastbound traffic on SW 22nd
Jeremy Calleros
07/02/2021 3:47
8
Site Development
Executive
General
Department Review
TERR but will force additional R
Not Met
Gauger 07/ 21 3:47 PM
False
PM
Review Group
turn on Coral Way and R turn
on 27th prior to accessing 22nd
TERR.
5. Vehicular Access- Sole
entrance from 27th (southbound
Planning
only) will force traffic into
Jeremy Calleros
07/02/2021 3:47
9
Site Development
Executive
General
Department Review
surrounding neighborhoods as
Not Met
Gauger
07/02/2021 3:47 PM
False
PM
Review Group
northbound traffic must find u-
turn locations or circulate
through neighborhoods.
Planning
6. Loading- Loading would be
Jeremy Calleros
07/02/2021 4:43
10
Site Development
Executive
General
Department Review
located on 22 TER per code.
Waived
Gauger
07/02/2021 4:43 PM
True
PM
Review Group
Proffer is extraneous.
Main Workflow
1
#2 Right of Way vements
ContributIF ' s previously
state hecklist item #24,
31M/2021, there is concern
Land
regarding the timing of the
13
Site Development
Development
Design & Review
Depa Review
monetary contribution. If this is
Not Met
Elia Sorice
07/02/2021 3:47 PM
False
07/02/2021 3:47
Review Group
being proffered to address
PM
neighborhood concerns, then
the payment should be made at
the time the covenant is
recorded should the property be
rezoned from T5 to T6-8.
#2 Right of Way Improvements
Contribution: Clarify that the
and
contribution is in addition to any
07/06/2021 5:13
14
Site Deve ant
Development
Design & Review
Department Review
site specific ROW
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
Review Group
improvements that would
otherwise be required pursuant
to Sec. 54-56 of the City Code.
ProjedDoxc SUBSTITUTED.
Checklist Comments Report
#4 Parking: The property is
located within 500 feet of an
ungated T3 Transact Zone;
Land
therefore, is not eligible to
07/06/2021 5:13
15
Site Development
Development
Design & Review
Department Review
request parking reductions
Not Met
Elia Sorice 7/06/2021 5:13 PM
False
PM
Review Group
pursuant to Article 4, Table 4.
This is already regulated by the
Miami 21 Code making this
restriction unnecessary.
#5 Vehicular Access; Service
Area: Has a traffic analysis
been conducted that deems
Land
ingress and egress from SW 27
07/O6/2021 5:13
16
Site Development
Development
Design & Review
Department Review
AV and Coral Way, respectively,
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
Review Group
appropriate? There is concern
that restricting single points of
entry will force traffic into
streets.
#5 Vehicul cess; Service
Main Workflow
1
Area: suant to Section 5.6.4,
ing shall be accessed from
Secondary Frontage.
Determination of Principal and
Secondary Frontages, and
subsequently the location of
Land
ingress/egress/service areas will
07/06/2021 5:13
17
Site Development
Development
Design & iew
Department Review
be verified at time of
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
Review Group
redevelopment and will be
required to comply with
applicable City and FDOT
regulations. The location of
service entries is already
regulated through Miami 21
rendering this service area
restriction unnecessary.
#6 Loading and deliveries.
ril
Land
Remove language referencing
07/06/2021 5:13
Site Development
Development
Design & Review
Department Review
specific location of service area
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
Review Group
(from SW 22 TER) as this is
already regulated by Miami 21.
ProjedDox SUBSTITUTED.
Checklist Comments Report /
#8 Art. This restriction is
unnecessary as AIPP
requirements are already
regulated pursuant to Article 11
Land
of Miami 21 and Chapter 62 of
'
07/06/2021 5:14
19
Site Development
Development
Design & Review
Department Review
the City Code. Given the
Not Met
Elia So
07/06/2021 5:14 PM
False
PM
Review Group
propertys prominent location,
the incorporation of art can
create a sense of identity for the
Main Workflow
1
project and neighborhood and is
strongly encouraged.
20
Site Development
Zone
General
Department Review
(Placeholder 1) Insert your text
Not Met
Daniel Goldberg
07/07/2021 5:11 PM
False
07/07/2021 5:11
Administrator
here.
PM
21
Site Development
Zoning
General
Department Review
(Placeholder 2) Insert your text
Not Met
Daniel Goldberg
07/07/2021 5:11 PM
False
07/07/2021 5:11
Administrator
here.
PM
22
Site Development
Zone
General
Department Review
(Placeholder 3) Insert yo xt
Not Met
Daniel Goldberg
07/07/2021 5:11 PM
False
07/07/2021 5:11
Administrator
here.
PM
Project
Department Review Status Report
Project Name: PZ-19-4416
Workflow Started: 06/28/2021 9:28 AM
Report Generated: 07/09/2021 11:42 AM
SUBSTITUTED.
Cycle
Department
Reviewer
Email
Status
Reviewer Comments
Applicant Comments
Land Development
Supervisor
Kemarr Brown
kbrown@miamigov.com
Planning Executive
Assignment Group
Kemarr Brown
kbrown@miamigov.com
Land Development
Review Group
Elia Series
ESorice@miamigov.com Corrections Required checklist items.
Jeremy Calleros Gauger
Planning Executive
Review Group
jcallerosgauger@miamigov.com Corrections Required Please r to checklist items. Items are numbered per
section in the proffered covenant.
goal is to reduce neighborhood intrusion, I am not
!��SW
as to why loading is intended to take place from
22nd Ter. Loading should be internalized, it is
unclear that it will be internalized and loading vehicles
should enter from one of the driveways from Coral Way
OCI-Transportation
Collin Worth
CWorth@miamigov.com Staff Review Complete or SW 27th Ave. Driveway access should be limited. A
1
site plan that clearly identifies
driveways/maneuverability as well as a traffic study for
the planned development and a traffic sufficiency letter
is required prior to issuance of building permit. Review
of covenant was the only task set for Transportation at
this time. _
RPW is not agreement with this covenant. Permit
Public Works Review
applicant will be responsible for right of way
Group
Simon Shuler
SShmuekler@miamigov.com Approved with Conditions improvements subject to City Code Ch. 54-56. Platting
issue is to be resolve prior to Building permit
application.
imberly Marcellus
Zoning Review Group
KMarcellus@miamigov.com Review Unnecessary Sent in error.
Hellena Lahens
Planning Administratio
HLahens@miamigov.com Staff Review Complete
Zoning Admi ' ator
Daniel Goldberg
dagoldberg@miamigov.com
Corrections Required
Review completed. Comments in checklist.
SUBSTITUTED.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Cesar Garcia -Pons, Director of Planning
FROM : Daniel S. Goldberg, Zoning Director/Administrator
Goldberg, 9eaev odee,9,o, e
Daniel D, Io?., » D8,83147N0
DATE: July 8, 2021
SUBJECT: 2200 & 2222 SW 27th Avenue —
Covenant in Connection with Re.
REFERENCES:
ENCLOSURES:
'Comments for Proffered
(PZ-19-4416)
The Office of Zoning's comments for the covenant proffered in connection with the re-zoni of the abovenrentioned properties
(Acella File ID 48997) are as follows:
For paragraph 43 of the covenant related to height: The proffered ten (10) Stor height limit is acceptable as T6-8-0 allows a
maximum of twelve (12) Stories with eight (8) allowed by right and up to ur (4) additional Stories by bonus. However, the
paragraph should be reworded to clarify that those two (2) additional ores above eight (8) would be obtained by bonus so as not
to create any argument that the Commission, if it accepts the prof " r, has somehow allowed those two (2) additional Stories by
right.
For paragraph 44 of the covenant related to parking: he proffer is acceptable to restrict the use of parking reductions. However,
to avoid confusion, it should be clarified if the king sharing factor will be allowed assuming there is a mix of uses in a
subsequent project entitling the applicant t se parking sharing.
For paragraph 45 of the covenXcipal
ated to vehicular access: The site would likely have SW 22nd Street (Coral Way) and SW
27th Avenue designated as Pri Frontages and SW 22nd Terrace as a Secondary Frontage, precluding access to parking to or
from Southwest /Aveand Coral Way per Section 5.6.4(c) of Miami 21. While it is possible that an existing access point on
Southwest27thr Coral Way could be used to justify a Waiver for a nonconforming site improvement to allow this,
the covenant can require the City to issue such a Waiver, assuming after a review the Waiver is justified.
cc. )4emarr Brown, Assistant Director of Planning
IIelena Lahens, Planner I
SUBSTITUTED.
Lee, Erica
From: Brown, Kemarr
Sent: Thursday, July 8, 2021 1:59 PM
To: Lee, Erica
Subject: FW: June 24 CC Meeting Item_PZ.1_File ID 8997 PZ-19-4416
Erica,
Please incorporate the below additional comments in record.
Best Regards,
Stay Updated on the work of the Miami 21 Taskforce here.
Vi e�� ! Kemarr L. Brown, LL.M, MAJA
�. Assistant Director
.; Enterprise Program Manager
Planning Department
444 SW 2nd Avenue, 3rd Floor, Miami L 33130
r' Phone: (305) 416-1031
Email: kbrown@miamigov.com
For E-Plan Info: enter rise roi cts@miami ov.com
For Plan/ne inquiries- el2lanpz@miamigov.com
For eBues: ebu' er@miamigov.com
LAN
Op To learnut Things ePlan, visit our website
here.
Join usg event, view and register for a
lass oe.ER
CITY Qi MAN,
Subscrioutube channel to view training video.
From: Shuler, Simon <SShmue er@miamigov.com>
Sent: Thursday, July 8, 2021 :43 PM
To: Brown, Kemarr <KBro @miamigov.com>
Subject: FW: June 24 CC/Meeting Item_PZ.1_File ID 8997 PZ-19-4416
Please see complet§4 comments for PZ-19-4416 need to be updated.
"The header of a document PZD-10 is missing address only folio number. Exhibit A is to be signed and sealed sketch
and legal doc ment uploaded to the drawing folder PZD-8 shall be part of PZD-10.
RPW is not greement with this covenant. Permit applicant will be responsible for right of way improvements subject to
City Cod Ch. 54-56. Platting issue is to be resolve prior to Building permit application."
Thagg you.
SUBSTITUTED.
Best Regards,
Simon Shuler
Civil Engineer — Consultant
Department of Resilience & Public Works
City of Miami
Miami Riverside Center
444 SW end Avenue, 8th Floor, Miami, FL 33130
Ph: 305.416.1174
Email: simonshuler@miamigov.com;
sshmuekler@miamigov.com