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HomeMy WebLinkAboutSubmittal-Planning Dept-Memorandum1r Submitted into the public record for item(s) Pz -3 on - 3-22 City Clerk CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: City Commission DATE: June 17, 2022 SUBJECT: Release Review Committee Recommendation for Release of Restrictive Covenant located at 3622 SW 221 Street / 3261 — 3263 SW 221d Terrace FROM: Daniel S. Goldberg, Esq. REFERENCES: E-Plan #: PZ-21-10748 GOldbeng°fZonirK1 le erff inistrator Acella File ID #11790 g, anie D2022.06.1716.07.01 ENCLOSURES: ate: Daniel _ 0.00, On June 17, 2022, the City of Miami's Release Review Committee ("RRC") recommended approval to the City Commission of the release of restrictive covenant recorded on May 14, 1987, in Official Records Book 25862, Page 3302 of the Public Records of Miami Dade County, Florida ("Covenant") against the property located at approximately 3621 — 3623 SW 22nd Terrace ("Covenant Property"). The Covenant was proffered in connection with a rezoning of the Property under former zoning Ordinance No. 9500 from the RG-1/3 to CR-3/7 zoning category approved by the City Commission on February 26, 1987 as Ordinance No. 10230. The Covenant Property was subsequently developed pursuant to a Major Use Special Permit ("MUSP") approved by the City Commission on February 23, 2006 in conjunction with the property located approximately at 3622 SW 22nd Street ("22nd Street Property" and collectively with the Covenant Property, the "Overall Property"). The Covenant required that: 1. The height of buildings within 50 feet of the south property line of the Overall Property not exceed two (2) stories or thirty-five (35) feet; 2. Approval be obtained prior to building permit for a twenty (20) foot landscape buffer along SW 22nd Terrace'; 3. No vehicular access be allowed from SW 22nd Terrace; and 4. A contribution in the amount of five thousand dollars ($5,000.00) be made to the City's Parks Improvement Trust Fund for child care facilities. The RRC recommends approval of a release of the Covenant for the following reasons: 1. The MUSP as well as related building permits, obtained subsequent to the imposition of the Covenant, allowed for the construction of a project (known as "The Mile Project") at the Overall Property which occurred without regard for some of the restrictions; and 2. The five thousand dollar ($5,000.00) contribution was made on January 12, 2022. Additional information related to this Covenant may be found in the draft resolution before the City Commission to release the Covenant under Acella File ID #11790. ' The Covenant mistakenly refers to SW 22nd Avenue, which the Overall Property does not front. From the context it is likely a scrivener's error and meant to be a requirement for buffering along SW 22m Terrace. 1179� �S�bm�-E-fz�l-plQ�n�nJc D�-�-►vle,�or�nclum Submitted into the public record for item(s) 127— .13 on &-93 22 , City Clerk cc: Arthur Noriega V, City Manager Dr. Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager Luis Torres III, Building Official Juvenal Santana, P.E., Director of Resilience and Public Works Lakisha Hull, AICP, LEED AP BD+C, Director of Planning Department Robert Santos-Alboma, Director of Code Compliance