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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-22-0235 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTY GENERALLY LOCATED AT 3622 SOUTHWEST 22 STREET, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 3622 SW 22 ST [Commissioner: Manolo Reyes — District 4] APPLICANT(S): Javier F. Avino, Esq., on behalf of The Mile Apartments LLC c/o W Multifamily Fund 1 LLC PURPOSE: Applicant request Special Appearance, to release a voluntarily Proffered Declaration of Restrictive Covenants on a property generally located at 3622 SW 22 ST. FINDING(S): PLANNING DEPARTMENT: Recommends the release of the recorded Covenant. PLANNING, ZONING AND APPEALS BOARD: Not Applicable City of Miami Legislation Resolution Enactment Number: R-22-0235 File Number: 11790 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:6/23/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTY GENERALLY LOCATED AT 3622 SOUTHWEST 22 STREET, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Mile Apartments LLC c/o W Multifamily Fund 1 LLC ("Applicant") submitted a request for a Special Appearance for the release of a recorded Declaration of Restrictive Covenants ("Covenant"), attached and incorporated as Exhibit "B," for the property generally located at 3622 Southwest 22 Street, Miami, Florida ("Property"), as legally described in "Exhibit "A", attached and incorporated; and WHEREAS, the Property is legally described as Lots 3, 4, and 5, less the north 35 feet and Lots 28, 29, and 30, less the south 10 feet, in Block 6 of Amended Plat Miami Suburban Acres, according to the plat thereof, as recorded in Plat Book 4, Page 73, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the zoning classification for the Property is currently T4-R and T5-0 pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, on February 18, 1987, Antonio R. Zamora, as Trustee, the then owner of the Property entered into the Covenant in favor of the City of Miami (the "City") pertaining to the use of a portion of the Property located at 3621 - 3631 SW 22nd Terrace, Miami, Florida (the "Covenant Property"), which was recorded on May 14, 1987, in Official Records Book 13280, Page 447, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the Covenant Property is legally described as Lots 28, 29, and 30, in Block 6 of amended plat Miami Suburban Acres, according to the plat thereof, as recorded in plat book 4, page 73, of the public records of Miami Dade County, Florida; and WHEREAS, the Covenant Property address is 3621-3631 Southwest 22 Terrace, Miami Florida; and WHEREAS, at the time the Covenant was entered into, the Covenant was required in connection with an application before the City Commission for a change of zoning classification of the Covenant Property, less the south one (1) foot thereof (the "Initial Rezoning"); and WHEREAS, the Initial Rezoning was approved by the City Commission pursuant to City Ordinance No. 10230, which was passed and adopted on February 26, 1987; and WHEREAS, after the approval of the Initial Rezoning the City Commission, at a public hearing on February 23, 2006, adopted, with conditions, a Major Use Special Permit ("MUSP") on the Property for The Mile Project "Project"; and WHEREAS, the City Planning Staff recognizes that through the approval of the MUSP and subsequent issuance of building permits for the construction of the Project, some of the Covenant's restrictions were replaced by the development and execution of the MUSP; and WHEREAS, the Covenant contains the following four (4) restrictions: A. Building Height Limitation B. Landscape Plan and Buffer C. Vehicular Access Limitation D. Local Park Contribution WHEREAS, a Local Park Contribution in the amount of $5,000.00, provided in "Restriction D" of the Covenant, was required to be paid to the City prior to the issuance of any building permit for the Property; and WHEREAS, the Local Park Contribution in the amount of $5,000.00 has been paid by the Applicant prior to this Special Appearance as reflected in invoice N.193065 and reference number 2022012001-72 showing a payment on 01/12/2022 at 9:53 AM; and WHEREAS, the Local Park Contribution will be used by the City for Park Improvements Trust Funds for Child Care Facilities; and WHEREAS, the City of Miami ("City") Planning Staff has determined that the Covenant is in full force and effect until it is released; and WHEREAS, the Covenant provides for the release of the Covenant by a written instrument executed by the then owner of the Covenant Property and the approval by the City Commission after a public hearing; and WHEREAS, the Planning Department has reviewed the request to release the Covenant and recommends approval and full release of the Covenant as presented by the Applicant; and WHEREAS, on June 17, 2022, the City of Miami's Release Review Committee met, reviewed the covenant and the request for release, and recommended approval to the City Commission of the release of the restrictive covenant; and WHEREAS, the City Commission, after careful consideration of this matter, finds that it is in the best interest of the general welfare of the City and its inhabitants to approve the release of the recorded Covenant; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 release of the recorded Covenant as set forth in Exhibit "B," attached and incorporated, is hereby approved, and the City administration is hereby authorized to execute a release. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 "na dez, City Httor iey 5/1312022 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.