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3500 Pan American Drive
^' Resolution R-22-0370 Miami, FL 33133
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Legislation
File Number: 12195 Final Action Date: 9/22/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE
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COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE
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PROPERTY GENERALLY LOCATED AT 399 NORTHEAST 82 TERRACE,
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MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
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ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A
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SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Pelican Harbor Seabird Station Inc, ("Applicant") submitted a request for a
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Special Appearance for the release of a recorded Declaration of Restrictive Covenants
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("Covenant"), attached and incorporated as Exhibit "B," for the property generally located at 399
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Northeast 82nd Terrace, Miami, Florida ("Property"), as legally described in "Exhibit "A,"
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attached and incorporated; and
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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: B) Printed On: 101412022
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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.
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D. Provide a tree mitigation and relocation plan.
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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
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Associations to be implemented only by and at the request of the Oakland Grove
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Homeowners Association.
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G. Provide that the subject property shall not seek a change of zoning for a period of ten
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(10) years following the adoption date of the change of zoning from R-1 Single Family
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Residential to R-2 Duplex Residential on May 24, 2007; and
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WHEREAS, conditions "A," "B," and "F" have been found to be irrelevant to the current
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development and change in intended use; condition "C" has been proffered as well by the
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Applicant's new covenant; conditions "D" and "E" will be addressed through the site planning
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process; condition "G" has been satisfied as ten (10) years has lapsed since the adoption of the
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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 are
adopted by reference and incorporated as if fully set forth in this Section.
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Section 2. The release of the recorded Covenant as set forth in Exhibit "B," attachecr
and incorporated, is hereby approved, and the City administration is hereby authorized' to
execute a release.
' 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: B) Printed on: 101412022
File ID: 12195 Enactment Number: R-22-0370
Section 3. This Resolution shall become effective immediately upon its adoption and
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signature of the Mayor.2
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APPROVED AS TO FORM AND CORRECTNESS:
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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 ID: 12195 (Revision: 8) Printed on: 101412022
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jsl'Y°p' - 3 City of Miami City Hall
Ff 00 Pan American Drive
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Resolution
File Number: 12195 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH TTACHMENT(S), Q
APPROVING THE RELEASE OF A DECLARATION OF RE RICTIVE COVENANTS, LLJ
ATTACHED AND INCORPORATED AS EXHIBIT "B," FO THE PROPERTY �
GENERALLY LOCATED AT 399 NORTHEAST 82 TER CE, MIAMI, FLORIDA,
MORE PARTICULARITY DESCRIBED IN EXHIBIT "A' ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINI A SEVERABILITY CLAUSE; ~
AND PROVIDING FOR AN EFFECTIVE DATE. N
WHEREAS, Pelican Harbor Seabird Station I , ("Applicant") submitted a request for a m
Special Appearance for the release of a recorded claration of Restrictive Covenants D
("Covenant"), attached and incorporated as Exhi • "B," for the property generally located at 399
Northeast 82nd Terrace, Miami, Florida ("Prope "), as legally described in "Exhibit "A,"
attached and incorporated; and
WHEREAS, the Covenant was vol tarily proffered and recorded on July 16, 2007, in
the Official Records Book 25862, Page 3 2, of the Public Records of Miami -Dade County,
Florida during a change in the zoning c ssification of the Property from R-1 (Single Family
Residential) to R-2 (Duplex Residenti under Zoning Ordinance No. 11000; and
WHEREAS, the Covenant 96y be released as to the Property, or any portion thereof, by
a written instrument executed by/he then Owner of the Property subject to the Covenant,
provided that the same also is Ipproved by the City of Miami, Florida, after public hearing with,
at a minimum, written notic/and
all property owners within 500 feet of the Property shown on the
Miami -Dade County tax roll
WHEREAS the Vining classification for the Property is currently T3-0 pursuant to
Ordinance No. 13114, e Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"); and
WHERE on May 24, 2007, a change in zoning classification was approved, under
Ordinance No. 1000, by the City Commission pursuant to City Ordinance No. 12921 for the
Property; and
4BProvide
REAS, the proffered Declaration of Restrictive Covenants contained the following
sevnditions:
de one vehicular access from North East Fourty Avenue into an internal drive to the
ct and to serve as the access point to all units. If requested by the Fire Department
e life safety needs of the community, a "break -away" metal exit may be provided for
y emergency vehicles only.
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.
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E. Provide a sidewalk as part of the project on the east side of NE Fourth Ave e.
F. Provide the option of the traffic mitigation plan as presented by Richard G cia and
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Associations to be implemented only by and at the request of the Oakla Grove
Homeowners Association.
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G. Provide that the subject property shall not seek a change of zoning fo a period of ten
(10) years following the adoption date of the change of zoning from -1 Single Family
Residential to R-2 Duplex Residential on May 24, 2007; and
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WHEREAS, conditions "A," "B," and "F" have been found to be relevant to the current
"C"
development and change in intended use; condition has been pr ered as well by the
Applicant's new covenant; conditions "D" and "E" will be addresse rough the site planning
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process; condition "G" has been satisfied as ten (10) years has Ised since the adoption of the
original rezoning; and
WHEREAS, the Planning Department recommends i4proval and full release of the
Declaration of Restrictive Covenants as presented by the plicant; and
WHEREAS, the proposed Approval and full rele e allows Pelican Harbor Seabird
Station, Inc., to accommodate a new Declaration of RVstrictive Covenant that better reflects the
intended development of the Property as a Commu ' y Facility for the rehabilitation of wildlife
and open -space conservation; and
WHEREAS, any modification, amendm�ft, or release of the Covenant shall be in a form
acceptable to the City Attorney; and
WHEREAS, the Planning Departm t has reviewed the application and finds the
proposed Special Appearance to release a Covenant is consistent with the goals of the Miami
21 Code by promoting the public healt safety, morals, convenience, comfort, amenities,
prosperity, and general welfare of the ity of Miami ("City") and promoting more efficient use of
public funds; and
WHEREAS, the City Co ission, after careful consideration of this matter, finds that it
is in the best interest of the ge ral welfare of the City and its inhabitants to approve the release
of the recorded Covenant;
NOW, THEREF07, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. TV recitals and findings contained in the Preamble to this Resolution are
adopted by referen and incorporated as if fully set forth in this Section.
Section The release of the recorded Covenant as set forth in Exhibit "B," attached .;
and incorporat , is hereby approved, and the City administration is hereby authorized' to
execute a rel se.
S ion 3. This Resolution shall become effective immediately upon its adoption: a ,'
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he herein authorization is further subject to compliance with all legal requirements that may be
mposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
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