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Home My WebLink AboutR-23-0489City of Miami Resolution R-23-0489 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14721 Final Action Date: 10/26/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "C," THEREBY RELEASING THE DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE REAL PROPERTY GENERALLY LOCATED AT 3043 NORTHWEST 3 AVENUE, THE WESTERN PORTION OF 3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET, MIAMI, FLORIDA ("NORTH PARCELS"), AND THE REAL PROPERTY GENERALLY LOCATED AT 221, 229, 237, 243, 251, 267, 269, 275, 285, AND 291 NORTHWEST 30 STREET, MIAMI, FLORIDA ("SOUTH PARCELS") (COLLECTIVELY WITH THE NORTH PARCELS, REFERRED TO AS THE "PROPERTY"), AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Steven J. Wernick, Esq., on behalf of Westdale Wynwood LP, ("Applicant") submitted a request for a Special Appearance for the release of a recorded Declaration of Restrictive Covenants ("Declaration") for an assemblage of properties generally located at 3043 Northwest 3 Avenue, the Western Portion of 3040 Northwest 2 Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street ("North Parcels") and 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30 Street, Miami, Florida ("South Parcels", together with the "North Parcels," collectively, "Property"), as more particularly described in Exhibit "A"; and WHEREAS, the Declaration, attached and incorporated as Exhibit "B," was voluntarily proffered and subsequently recorded on February 4, 2019, in the Official Records Book 31312, Pages 1461-1480 of the Public Records of Miami -Dade County, Florida; and WHEREAS, the zoning classification for the Property is "T5-L," Urban Center Transect Zone -Limited and "NRD-2," Wynwood Norte Neighborhood Revitalization District Overlay; and WHEREAS, the Property is approximately 147,585 square feet (3.39 acres) and is currently predominately developed with low and medium density residential homes; and WHEREAS, the Declaration is associated with an application filed by the Owner on July 20, 2017 to change the zoning classification for the North Parcels from "T3-O," Sub -Urban Transect Zone -Open, to "T4-L," General Urban Transect Zone -Limited, and the South Parcels from "T4-L," General Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited; and WHEREAS, the City Commission, on March 22, 2018, approved the rezoning through Ordinance No. 13758 and accepted the voluntary Declaration proffered by the Owner, after both City of Miami Page 1 of 3 File ID: 14721 (Revision:) Printed On: 11/6/2023 File ID: 14721 Enactment Number: R-23-0489 the Planning Department and the Planning, Zoning and Appeals Board recommended denial of the proposed rezoning by a vote of five to two (5-2); and WHEREAS, as part of the request to rezone the Property, the Applicant proffered the Declaration that was accepted by the Miami City Commission; and WHEREAS, the proffered Declaration contained the following 3 restrictions: a) The Subject Property shall be treated as a unified development site, to be developed in one or more phases generally consistent with a concept plan, attached as Exhibit "C", for multi -family residential development with a mix of unit sizes, on -site parking and community amenities, and limited commercial uses along the ground floor of NW 30th Street, and subject to a recorded Unity of Title or Covenant in Lieu of Unity of Title, pursuant to Article 7 of the Miami 21 Code ("Concept Plan"). In event that City determines an Exception is required for development of the Subject Property, any material changes to the Concept Plan shall be reviewed and approved as part of the Exception application by the Planning Zoning and Appeals Board. b) Development on the North Parcels shall not exceed a maximum Height of Three (3) Stories and 40 feet and will incorporate architectural elements consistent with existing structures in the neighborhood, including but not limited to Spanish Mission and Mediterranean Revival. c) Owner shall, in lieu of reserving a minimum of ten (10) multi -family residential dwelling units as affordable housing as part of future development of the Subject Property, contribute $1,000,000 for neighborhood improvements to a neighborhood revitalization organization or community revitalization trust serving District 5, specifically as follows: $500,000 within sixty (60) days of the Effective Date of this Declaration; $250,000 upon issuance of a building permit for any unified redevelopment on the Subject Property; and $250,000 upon issuance of a certificate of occupancy for any unified redevelopment on the Subject Property. WHEREAS, the Declaration was executed by the Owner and recorded on February 4, 2019; and WHEREAS, Section 2 of the Declaration states that "[i]n the event the City of Miami Zoning Atlas or Miami 21 Code is amended to allow the North Parcels or South Parcels or any properties abutting the North Parcels or South Parcels, respectively, to exceed the current maximum Height or maximum permitted Density, by right or through a special permit or use of a public benefits program or other bonus Height mechanism made available through the Miami 21 Code, the purpose of this Declaration shall no longer exist and the City shall, upon Owner's written request, agree to the release of this Declaration consistent with the procedures set forth in Section 6 herein"; and WHEREAS, all parcels included in the Property were rezoned to "NRD-2" through enactment of Ordinance No. 13986, and are thus, subject to the release of the Declaration; and WHEREAS, the Applicant has also satisfied the requirement of contributing $500,000 to the Liberty City Community Revitalization Trust within sixty (60) days of recording the Declaration; and City of Miami Page 2 of 3 File ID: 14721 (Revision:) Printed on: 11/6/2023 File ID: 14721 Enactment Number: R-23-0489 WHEREAS, consistent with Section 6 of the Declaration, the Declaration may be released by written instrument executed by the Owner of the Property subject to the Declaration, with the approval of City Commission after a public hearing; and WHEREAS, the Applicant requested to release the voluntarily proffered Declaration; and WHEREAS, the Planning Department recommends approval of the release of the Declaration as presented by the Applicant; and WHEREAS, the Release Review Committee recommended approval of the release of the Declaration subject to clearing the violations and receiving City Commission approval; and WHEREAS, the release of the recorded Declaration is subject to being approved, as to legal form and correctness by the City Attorney; and WHEREAS, the City Commission, after careful consideration of this matter, approves the release of the recorded Declaration; 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 Declaration is hereby approved, and the City administration is hereby authorized' to execute the release, a draft of which is attached and incorporated as Exhibit "C," in a form acceptable to the City Attorney. Section 3. This Resolution shall become effective ten (10) days upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 10/16/2023 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions. 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: 14721 (Revision:) Printed on: 11/6/2023