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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon,. City Clerk �� a „ � �r FROM: Victoria Mendez, City Attorney '(--'1 DATE: October 3, 2022 RE: Resolution No. R-22-0370 — Releasing of Recorded Covenant - 399 Northeast 82nd Terrace, Miami, Florida Pile No. 12195 At its September 22, 2022 Meeting, the City Commission adopted the above referenced agenda item, PZ.2, releasing the recorded Covenant as set firth in Exhibit "B" of the Legislation and authorizing the City of Miami Administration to execute a release. Tile Resolution inadvertently contained an incorrect description of the effective date. Further, the version of the legislation was inadvertently incremented to Revision A prior to publishing. Therefore, no changes are reflected between the original version and Revision A. The Resolution has been incremented to Revision B to reflect the corrected description of the effective date. VM/GKW n c' 4q C� 4�- 5 Scr-' 1VI V�►ev's �✓ror �M o 1-1EC ME - v---- 4 City of Miami Legislation c0 R % 19 C17; Of= 1-�l1At'1) Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12195 Final Action Date: 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 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pelican Harbor Seabird Station Inc, ("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 399 Northeast 82nd Terrace, Miami, Florida ("Property"), as legally described in "Exhibit "A," attached and incorporated; and WHEREAS, the Covenant was voluntarily proffered and recorded on July 16, 2007, in the Official Records Book 25862, Page 3302, of the Public Records of Miami -Dade County, Florida during a change in the zoning classification of the Property from R-1 (Single Family Residential) to R-2 (Duplex Residential) under Zoning Ordinance No. 11000; and WHEREAS, the Covenant may be released as to the Property, or any portion thereof, by a written instrument executed by the then Owner of the Property subject to the Covenant, provided that the same also is approved by the City of Miami, Florida, after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls; and WHEREAS the zoning classification for the Property is currently T3-0 pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS on May 24, 2007, a change in zoning classification was approved, under Ordinance No. 11000, by the City Commission pursuant to City Ordinance No. 12921 for the Property; and WHEREAS, the proffered Declaration of Restrictive Covenants contained the following seven (7) conditions: A. Provide one vehicular access from North East Fourty Avenue into an internal drive to the project and to serve as the access point to all units. If requested by the Fire Department for the life safety needs of the community, a "break -away" metal exit may be provided for use by emergency vehicles only. B. Provide four (4) units within the affordability range of workforce housing as identified by Miami -Dade County. C. Provide a "look -out" to the Little River Canal, which will be submitted to the Oakland Grove Homeowners Association for design input. D. Provide a tree mitigation and relocation plan. E. Provide a sidewalk as part of the project on the east side of NE Fourth Avenue. F. Provide the option of the traffic mitigation plan as presented by Richard Garcia and Associations to be implemented only by and at the request of the Oakland Grove Homeowners Association. G. Provide that the subject property shall not seek a change of zoning for a period of ten (10) years following the adoption date of the change of zoning from R-1 Single Family Residential to R-2 Duplex Residential on May 24, 2007; and WHEREAS, conditions 'A" "B," and "F" have been found to be irrelevant to the current development and change in intended use; condition "C" has been proffered as well by the Applicant's new covenant; conditions "D" and "E" will be addressed through the site planning process; condition "G" has been satisfied as ten (10) years has lapsed since the adoption of the original rezoning; and WHEREAS, the Planning Department recommends approval and full release of the Declaration of Restrictive Covenants as presented by the Applicant; and WHEREAS, the proposed Approval and full release allows Pelican Harbor Seabird Station, Inc., to accommodate a new Declaration of Restrictive Covenant that better reflects the intended development of the Property as a Community Facility for the rehabilitation of wildlife and open -space conservation; and WHEREAS, any modification, amendment, or release of the Covenant shall be in a form acceptable to the City Attorney; and WHEREAS, the Planning Department has reviewed the application and finds the proposed Special Appearance to release the Covenant is consistent with the goals of the Miami 21 Code by promoting the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City of Miami ("City") and promoting more efficient use of public funds; 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 o execute a release. ` € Section 3. This Resolution shall become effective immediately upon its adoption. r The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: E$t6ria-!PTQ��d Cft-yAttoriey 8/26/2022 C-) C-1 C-) M G�TY OF_ �r-,_ City of Miami City Hall 3500 Pan American Drive Resolution R-22-0370 Miami, FL 33133 t .. .III 11111 ; r111 -- �., _ Qi✓ I — F , 1, www.miamigov.com Legislation File Number: 12195 Final Action Date: 9/22/2022 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 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pelican Harbor Seabird Station Inc, ("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 399 Northeast 82nd Terrace, Miami, Florida ("Property"), as legally described in "Exhibit "A," attached and incorporated; and WHEREAS, the Covenant was voluntarily proffered and recorded on July 16, 2007, in the Official Records Book 25862, Page 3302, of the Public Records of Miami -Dade County, Florida during a change in the zoning classification of the Property from R-1 (Single Family Residential) to R-2 (Duplex Residential) under Zoning Ordinance No. 11000; and WHEREAS, the Covenant may be released as to the Property, or any portion thereof, by a written instrument executed by the then Owner of the Property subject to the Covenant, provided that the same also is approved by the City of Miami, Florida, after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls; and WHEREAS the zoning classification for the Property is currently T3-0 pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS on May 24, 2007, a change in zoning classification was approved, under Ordinance No. 11000, by the City Commission pursuant to City Ordinance No. 12921 for the Property; and WHEREAS, the proffered Declaration of Restrictive Covenants contained the following seven (7) conditions: A. Provide one vehicular access from North East Fourty Avenue into an internal drive to the project and to serve as the access point to all units. If requested by the Fire Department for the life safety needs of the community, a "break -away" metal exit may be provided for use by emergency vehicles only. B. Provide four (4) units within the affordability range of workforce housing as identified by Miami -Dade County. City of Miami Page 1 of 3 File ID: 12195 (Revision: 8) Printed On: 101412022 File ID: 12195 Enactment Number: R-22-0370 C. Provide a "look -out" to the Little River Canal, which will be submitted to the Oakland Grove Homeowners Association for design input. D. Provide a tree mitigation and relocation plan. E. Provide a sidewalk as part of the project on the east side of NE Fourth Avenue. F. Provide the option of the traffic mitigation plan as presented by Richard Garcia and Associations to be implemented only by and at the request of the Oakland Grove Homeowners Association. G. Provide that the subject property shall not seek a change of zoning for a period of ten (10) years following the adoption date of the change of zoning from R-1 Single Family Residential to R-2 Duplex Residential on May 24, 2007; and WHEREAS, conditions 'A," "B," and "F" have been found to be irrelevant to the current development and change in intended use; condition "C" has been proffered as well by the Applicant's new covenant; conditions "D" and "E" will be addressed through the site planning process; condition "G" has been satisfied as ten (10) years has lapsed since the adoption of the original rezoning; and WHEREAS, the Planning Department recommends approval and full release of the Declaration of Restrictive Covenants as presented by the Applicant; and WHEREAS, the proposed Approval and full release allows Pelican Harbor Seabird Station, Inc., to accommodate a new Declaration of Restrictive Covenant that better reflects the intended development of the Property as a Community Facility for the rehabilitation of wildlife and open -space conservation; and WHEREAS, any modification, amendment, or release of the Covenant shall be in a form acceptable to the City Attorney; and WHEREAS, the Planning Department has reviewed the application and finds the proposed Special Appearance to release the Covenant is consistent with the goals of the Miami 21 Code by promoting the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City of Miami ("City") and promoting more efficient use of public funds; 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 O_ F MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution area adopted by reference and incorporated as if fully set forth in this Section. t J3 <T. 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. = s r-11 C.0 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 12195 (Revision: 8) Printed on: 101412022 File ID: 12195 Enactment Number: R-22-0370 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i dez, ity ttor ey 8/26/2022 i ria dez, ity Attor ey 10/3/2022 c-1 3. -ice .. M rim 2 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. City of Miami Page 3 of 3 File /D: 12195 (Revision: B) Printed on: 101412022