HomeMy WebLinkAboutAnalysis and MapsCity of Miami
Planning Department
ANALYSIS FOR
SPECIAL APPEARANCE
This submittal needs to be scheduled for a public hearing
In accordance whh timelines set forth in the City of
Miami Code. The applies de decision -making body NOR
rodew the information at the public hearing to render a
recommendation or a final decld on.
PZ-22-15244
10/12/23
Staff Analysis Report No.
PZ-22-15244
Location
3043 Northwest 3 Avenue, the western portion of 3040 Northwest 2
Avenue, 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31
Street, and 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291
Northwest 30 Street
Miami 21 Transect
"T5-L," Urban Center Transect Zone - Limited
"NRD-2," Wynwood Norte Neighborhood Revitalization District
MCNP Designation
Restricted Commercial
Commission District
District 5 - Commissioner Christine King
Commissioner District Office
Wynwood/Edgewater
Planner
Samantha Maldonado (sammaldonado@miamigov.com)
Property Owner
WESTDALE WYNWOOD LP
Project Representative
Steven J. Wernick, Esq., AICP (sjw@wernickco.com)
A. REQUEST
Steven J. Wernick, Esq., on behalf of Westdale Wynwood LP, (the "Applicant"), owner of the
properties located at approximately 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,
221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30 Street (collectively, the
"Property"), requests a Special Appearance to release a Declaration of Restrictive Covenants
(the "Declaration") voluntarily proffered and recorded on February 4, 2019, in the Official
Records Book 31312, Pages 1461-1480 of the Public Records of Miami -Dade County, Florida,
pursuant to provisions for the City's release, per Section 2 of the Declaration. The Declaration
is attached to this report as "Attachment 1".
B. RECOMMENDATION
The Planning Department recommends Approval and release of the Declaration of
Restrictive Covenants as presented by Applicant, based upon the facts and findings of this
report.
C. BACKGROUND
Property Information
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) - Page 1
09/012022
This submittal needs to be scheduled for a puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applies de decision -making body NOR
rodew the information at the pubdc hearing to render a
recommendation or a final decld on.
PZ-22-15244
10/12/23
The zoning classification for the Property is "T5-L," Urban Center Transect Zone — Limited,
and "NRD-2," Wynwood Norte Neighborhood Revitalization District. The Property is bounded
by Northwest 2 Avenue to the east, Northwest 31 Street to the north, Northwest 30 Street to
the south, and Northwest 3 Avenue to the west. The Property consists of an assemblage of
twenty (20) parcels, totaling approximately 147,585 square feet (3.39) acres and is
predominately developed with low and medium density residential homes.
Declaration of Restricted Covenants Background
The Declaration is associated with an application filed by the Owner on July 20, 2017, to
change the zoning classification for the North Parcels (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) from "T3-O," Sub -Urban Transect Zone —Open to "T4-L," General Urban
Transect Zone —Limited and South Parcels (221, 229, 237, 243, 251, 267, 269, 275, 285, and
291 Northwest 30 Street) from "T4-L," General Urban Transect Zone —Limited to "T5-L,"
Urban Center Transect Zone —Open. While the Planning Department recommended denial of
the rezoning, the City Commission adopted Ordinance No. 13758 on March 22, 2018,
approving the rezoning for the Property, subject to the Declaration proffered by the Owner.
The Declaration contains the following restrictions against the Property in Section 2:
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 the 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.
After executed by the Owner, the Declaration was approved by the City Attorney and Planning
Department, and recorded on February 4, 2019.
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) — Page 2
09/012022
NOTICE
This submittal needs to be'scheduled fora pubic hearing
In accordance whh timelines set forth in the City of
Miami Code. The appli®de decision -malting body will
review the intonation at the pubc hearing to render a
recommended on or a final decla on.
PZ-22-1 5244
10/12/23
Figure 1 — Aerial — Property outlined in a solid yellow line.
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) — Page 3
09/012022
NOTICE
This submittal needs to be'scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appli®de decision -malting body will
review the Information at the pubgo hearing to render a
recommended on or a final decla on.
PZ-22-15244
10/12/23
Figure 2 - Existing Zoning Atlas - Property outlined in solid black line.
I
4Ar
Fir
%j
F.:71prIr
r p
r//, i , rA rA W1// gre FA TOW A Ar _Apr
I. I/
r Of
D
IAl
4grar ,
m ff,mimwianwimdwdffiffinA „„A
Frio,
mil
00
AI i iii VA ir/ WAWA"
romf-;or
_I Aerr
A°61AA
f/MredfAV 4061r AMY,
//� T6-8-O.��
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) — Page 4
09/012022
NOTICE
This submittal needs to be' scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appli®de decision -malting body will
review the information at the pubc hearing to render a
recommended on or a final decla on.
Figure 3 — Existing Future Land Use Map— Property outlined in solid black line.
NW 32ND ST
High Density
Multifamily
Residential
NW 31ST ST
Restricted 1111111
CoCo mid l� 1111111
NW-30TH ST
PZ-22-15244
10/12/23
Major Inst, Public
Facilities,
Transp And
NW 2ND AV
NW 29TH ST
N
A
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) — Page 5
09/012022
NOTICE
This submittal needs to be'scheduled fora puboc hearing
In aaordance whh timelines set forth in the City of
Miami Code. The appli®de decision -malting body will
review the information at the pubc hearing to render a
recommended on or a final decla on.
PZ-22-15244
10/12/23
D. NEIGHBORHOOD CONTEXT
SURROUNDING USES
Miami 21
MCNP / Density
Existing Use
North
"T4-R," General Urban
High Density Multi -
Family Residential
(150 du/acre)
Low -Density Residential
—Restricted
NRD-2," Wynwood Norte NRD
South
"Cl," Civic Institutional
"T5-O," Urban Center —Open
"NRD-2," Wynwood Norte NRD
General
Commercial
(150 du/acre)
Institutional
East
"T5-L," Urban Center —Limited
"NRD-2," Wynwood Norte NRD
General
Commercial
(150 du/acre)
Low -Density Residential,
Commercial
West
"T5-L," Urban Center —Limited
"NRD-2" Wynwood Norte NRD
Restricted
Commercial
(150 du/acre)
Medium -Density
Residential
E. ANALYSIS
Basis for Release of the Declaration
The Applicant seeks to release the Declaration that was proffered as part of their application
for rezoning the Property. Section 2 of the Declaration states that the Declaration may be
released "if the City of Miami Zoning Atlas or Miami 21 Code is amended to allow the North
Parcels of South Parcels or any properties abutting the North Parcels, respectively, to exceed
the maximum height or maximum permitted density allowed 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," at the time the Declaration was proffered.
In the event the purpose of the Covenant shall no longer exist, Section 2 states that "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. The Declaration may be released by written
instrument executed by the Owner of the fee -simple title to the Subject Property, and with the
approval of City Commission, after a public hearing.
Wynwood Norte Neighborhood Revitalization District (NRD-2)
On March 25, 2021, the City Commission established the Wynwood Norte Neighborhood
Revitalization District (the "NRD-2") through the adoption of several companion ordinances,
including Ordinance No. 13986 (the "NRD-2 Legislation"), which amended the Miami 21
Zoning Atlas to rezone approximately 91.57 acres within the boundaries of NRD-2. The
Subject property and all abutting properties lie entirely within the NRD-2 Boundaries.
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) — Page 6
09/012022
NOTICE
This submittal needs to be'scheduled fora puboc hearing
In aaordance whh timelines set forth in the City of
Miami Code. The appli®de decision -malting body will
review the information at the pubc hearing to render a
recommended on or a final decla on.
PZ-22-15244
10/12/23
Through the adoption of NRD-2, the Property was rezoned, allowing it to exceed the maximum
height and density permitted at the time the Declaration was executed. Specifically, the North
Parcels were rezoned from "T4-L," General Urban Transect Zone —Limited to "T5-L," Urban
Center Transect Zone —Limited, and the South Parcels were rezoned from "T5-L," Urban
Center Transect Zone —Limited to "T5-O," Urban Center Transect Zone —Open. The NRD-2
Legislation also creates a public benefits program, collecting contributions for additional bonus
height for new development within the NRD-2 boundaries.
All parcels included in the subject property aggregate were rezoned to "NRD-2" through
Enactment 13986, and are thus, subject to the release of the Declaration. 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.
Covenant Release Committee
Prior to the required City Commission public hearing, the Declaration procedurally requires
approval from the City's Release Review Committee (the "RRC"). The Applicant submitted
the application to Release the Declaration (PZ-21-10742). The RRC convened on January
20, 2022 to review the application, and recommended approval of the Release of the
Declaration, subject to clearing open violations and final approval from the City Commission,
as detailed in the attached memo from the Zoning Administrator ("Attachment 2").
F. CONCLUSION
Based on the analysis herein, the Planning Department recommends Approval of a full
release of the Declaration of Restrictive Covenants.
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) — Page 7
09/012022
—DocuSigned by:
`-7F35EEF0C6C349F...
Lakisha Hull, AICP, LEED AP BD+C
Planning Director
T—DocuSigned by:
5twAAAA , Stuiv,tx
3n7rAr5oELE446
Savanna Steiner, CNU-A
Assistant Planning Director
Maldonado,
Samantha
Digitally signed by
Maldonado, Samantha
Date: 2023.09.21 10:32:44
-04'00'
Samantha Maldonado
Planner II
NOTICE
This submittal needs to be' scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The appli®Lie decision -malting body will
review the information at the pubac hearing to render e
recommended on or a final decla on.
PZ-22-15244
10/12/23
Attachments:
Attachment 1 — Declaration of Restricted Covenants (February 4, 2019, Book 31312, Pages 1461-1480)
Attachment 2 — Memo from Zoning Administrator for the Covenant Release Committee
NOTICE
The Final Decision may be appealed by any aggrieved party within fifteen (15) days of the
date of the posting of the decision on the City's website. The filing of an appeal, and
payment of appropriate fee, may be submitted online at
https://www. miam igov.com/Services/Solve-aProblem/Appeal-a-Warrant-or-a-Waiver.
Staff Analysis Report No. (PZ-22-15244 3043 NW 3 AV) — Page 8
09/012022
Attachment 1
This instrument prepared by
and when recorded returned to:
Steven J. Wernick, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131
11111111111111111
CFN 2r
OR BY. 31312
RECORDE
HARVE:Y
1IAINI-D
This su bmftal needs to be scheduled bra public hearing
in accordance vet timelines set forth In the City of
Miami Code. The applicable decision -making hotly will
review the Information at the public hearing to render
recommendation or a final decia on.
PZ-22-15244
10/12/23
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this le -
day of 441 , 2018 by WESTDALE WYNWOOD LP, a Texas limited partnership (hereinafter, the
"Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the
"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property located at 224-284 NW
31 Street, 3043 NW 3 Avenue, and the western portion of 3040 NW 2 Avenue in Miami, Florida, as more
particularly described in Exhibit "A" (the "North Parcels"), and that certain real property located at 221-
291 NW 30 Street, Miami, Florida, as more particularly described in Exhibit "A" (the "South Parcels",
collectively with the North Parcels referred to as the "Subject Property");
WHEREAS, on July 20, 2017, the Owner filed applications with the City's Planning and Zoning
Department related to the future land use and zoning classifications of the Subject Property to effectuate
efficient and appropriate use, density, and future redevelopment of the Subject Property as a multi -family
residential development, including an application to amend the City's Zoning Atlas for the North Parcels
from T3-O to T4-L, and to amend the City's Zoning Atlas for the South Parcels from T4-L to T5-L (the
"Application"); and
WHEREAS, the Application is consistent with the City's Comprehensive Neighborhood Plan and
facilitates additional multi -family residential development with a mix of unit types and sizes, and
improvement in the quality of housing stock in the surrounding neighborhood; and
WHEREAS, on November 15, 2017, the Planning, Zoning and Appeals Board recommended
denial of the Application by a vote of four to three (4-3), pursuant to Resolution PZAB-R- 17-090; and
WHEREAS, on February 22, 2018, the City Commission on first reading of the ordinance,
reviewed the Application, and voted affirmatively to approve the Application; and
WHEREAS, on March 22, 2018, on second reading, the City Commission approved the
Application for amendment to the City's Zoning Atlas, as being Consistent with the criteria contained in
Article 7.1.2.8 of the City of Miami Zoning Code ("Miami 21 Code"), pursuant to Ordinance No. 13758,
attached hereto and made a part hereof as Exhibit "B"; and
WHEREAS, the Owner desires to ensure that any future use and/or development of the Subject
Property is compatible with both the current and future conditions of the surrounding neighborhood.
44932263;1
Book31312/Page1461 CFN#20190067844 Page 1 of 20
Attachment 1
G
0
PURL/
o
Z
NOW THEREFORE, the Owner, in order to assure the City that the representations made
be abided by the Owner, its successors or assigns, freely, voluntarily and without dure
following covenants covering and running with the Subject Property:
NOTICE
This submittal needs to be. schebu Led for a public hearing
In accordance wkh timelines set forth in the City of
Miami Code. The applica de decision -making body will
renew the information at the public hearing to render a
recommendation or a final tiecic on.
PZ-22-15244
10/12/23
RE
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
! EW COV
2. Covenants Against the Subject Property. The Owner hereby declares the following restrictions
against the Subject Property:
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.
In 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.
3. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject
Property and be binding upon Owner, its successors, heirs, and assigns upon recordation in the Public
Records of Miami -Dade County, Florida ("Effective Date"). These restrictions shall be for the benefit of,
and a limitation upon, all present and future owners of the Subject Property and for the public welfare.
4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner of the Subject Property, its successors in interest and assigns
for an initial period of thirty (30) years from the date this instrument is recorded in the public records and
shall be automatically extended for successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
44932263;1
2
Book31312/Page1462 CFN#20190067844 Page 2 of 20
Attachment 1
5. Inspection and Enforcement. It is understood and agreed that any official insp
of Miami may have the right at any time during normal working hours to enter upon the S
for the purpose of investigating the use of the Subject Property, and for determining whether t
of this Declaration and the requirements of the City's building and zoning regulations are bein
with. An action to enforce the terms and conditions of this Declaration may be brought by the City a
be by action at law or in equity against any party or person violating or attempting to violate any covenants
of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to
recover damages. This enforcement provision shall be in addition to any other remedies available under the
law.
This submittal needs fo be scheduled for a public hearing
in accordance wilt Idme roes set forth in the City of
Miami Code. The epplice de decision -making body will
renewthe Information at the public hearing to render a
recommendation or a final decid on.
6. Amendment and Modification. This instrument may be modified, amended or released as to any
portion of the Subject Property by a written instrument executed by the owner(s) of the fee -simple title to
the Subject Property to be effected by such amendment, modification, or release and the City with the
approval by the City Commission at a public hearing, which public hearing shall be applied for by, and be
at the expense of the Owner.
7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect
any of the other provisions of this Declaration, which shall remain in full force and effect.
8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, by the Owner and at the cost of the Owner, within fifteen (15) days of acceptance by the
City. The Owner shall submit a certified recorded copy of the Declaration to the Zoning Administrator at
444 SW 2nd Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation.
[ Signature Page Follows ]
3
44932263;1
Book31312/Page1463 CFN#20190067844
Page 3 of 20
Attachment 1
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the da
written.
WITNESSES:
STATE OF (tt )Ch.5
COUNTY OF IsJ0a(,a5
WESTDALE WYNWOOD, LP
a Texas limited partnership
This submttal needs to be scheduled fora public hearing
In accordance wth timelines set forth in the City of
Miami Code.The applicable decision -malting body will
reNewthe Information at the public tearing to render a
recommendation or a final deciv on.
PZ-22-15244
10/12/23
By: JGB VENTURES I, LTD., a Texas
limited partnership - General Partner
By: JGB HOLDINGS, INC., a Texas
corporation - General Partner
By:
Name. oseph G. Beard
Tit e: President
The foregoing instrument was executed, ackno ledged and delivered before me this (' day of
( , 2018, by -IOWk a, O tN..LQ , as frt. eE.ok of JGB Holdings, Inc., a
Texas corporation, as General Partner of JGB Ventures I, LTD., a Texas limited partnership, as General Partner of
Westdale Wynwood LP, a Texas limited partnership, on behalf of the company. He/She is personally known to me
or has produced as identification.
afa„,
*ry. BETHANYSHAY
.*: MY COMMISSION EXPIRES
) December 22, 2018
44932263;1
Name:
Notary Public, Stat of Te
My Commission umber:
My Commission Expires:
s
/ 50054 Y 7 -v
Book31312/Page1464 CFN#20190067844 Page 4 of 20
-Attachment 1
•
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
OFFICE OF TIIE CITY ATTORNEY
By: e
Printed: M
Kv✓
17 -2
APPROVED
PLANNING DEPARTMENT
mevl Lg of 674‘'LL
Francisco J. ia, Director
This su bmktel needs to be scheduled lore public hearing
in accordance with timelines set forth in the City of
Miami Code. The eppllw He decision -making body trill
reNew The Iniormatlon et the public hearing to render a
recommendation or a final decia on.
PZ-22-15244
10/12/23
Book31312/Page1465 CFN#20190067844 Page 5 of 20
-Attachment 1
Exhibit "A"
Legal Description
North Parcels
This submitlal needs to be scheduled fora public hearing
In accordance with timelines set forth In the City of
Karol Code. The applies bee decision -mating body will
review the information at the public hearing to render a
recommendation or a heal decision
PZ-22-15244
10/12/23
Lot 3, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 1 through 9, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded in
Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
South Parcels
Lot 4, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 10 through 18, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded
in Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
44932263;1
Book31312/Page1466 CFN#20190067844 Page 6 of 20
Attachment 1
Pl1BL/
44945621;1
Exhibit "B"
Ordinance No. 13758
[See Attached]
Q+G f< 2
NOTICE
This sub r needs to be scheduled for a public hearing
In accordance with timelines set forth In the City of
Miami Code. The appticabte decision -making body will
review the Information at the public hearing to render
recommendation or a final decision.
PZ-22-15244
10/12/23
VIEW COMA
Book31312/Page1467 CFN#20190067844 Page 7 of 20
Attachment 1
City of Miami
Certified Copy
File Number: 3408
35
Enactment Nu
This submitlal needs to be scheduled fora public hearing
In accordance with timelines set forth In the City of
Karol Code. The sppece bee tldislon-male ng body will
review Me information at the public hearing to render a
recommendati on or a final decision.
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O," SUB -URBAN
TRANSECT ZONE -OPEN, TO "T4-L," GENERAL URBAN TRANSECT ZONE -
LIMITED, FOR THE PROPERTIES LOCATED WITHIN BLOCK 17 OF THE
WYNWOOD PARK PLAT AT APPROXIMATELY 3043 NORTHWEST 3 AVENUE,
3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268, 276, AND 284
NORTHWEST 31 STREET, AND FROM "T4-L," GENERAL URBAN TRANSECT
ZONE -LIMITED, TO "T5-L," URBAN CENTER TRANSECT ZONE -LIMITED, FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 221, 229, 237, 243, 251,
267, 269, 275, 285, AND 291 NORTHWEST 30 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
PZ-22-15244
10/12/23
WHEREAS, Westdale Wynwood, LP ("Applicant") has submitted an application to
change the zoning classification from "T3-O," Sub -Urban Transect Zone -Open, to "T4-L,"
General Urban Transect Zone -Limited, for the properties located within block 17 of the
Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and
224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General
Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties
located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30
Street, Miami, Florida, as more particularly described in Exhibit "A" (collectively, "Properties");
and
WHEREAS, the Properties are located within the Wynwood Edgewater Net Area and
have an area of approximately 4.86 contiguous acres of which approximately four (4) acres are
the subject of the pending application; and
WHEREAS, the Department of Planning has evaluated this application solely upon the
criteria found in Article 7, Sections 7.1.2.8(a)(3) and (f)(2) of Ordinance No. 13114, as amended,
the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and recommended denial;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
November 15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-
17-091 by a vote of five to two (5-2), Item No. PZAB.8, recommending denial of the proposed
Zoning Change; and
WHEREAS, the Applicant has voluntarily proffered a restrictive covenant ("Covenant")
for these parcels, attached and incorporated as Exhibit "B," wherein the Applicant makes certain
covenants and restrictions that the Properties shall be treated as a unified development site
consistent with a concept plan attached thereto for multi -family residential development with a
mix of unit sizes, on -site parking, community amenities, limited commercial uses along the
ground floor of NW 30th Street, and subject to a Unity of Title or Covenant in Lieu of Unity of
Title; Development on the North Parcels shall not exceed a maximum Height of three (3) stories
and forty (40) feet and will incorporate architectural elements consistent with existing structures
City of Miami
Page 1 of 3 13758
Book31312/Page1468 CFN#20190067844 Page 8 of 20
Attachment 1
PUBLIC
File Number: 3408 Enactment N
in the neighborhood, including but not limited to Spanish Mission and Mediterrane
Applicant will also, in lieu of providing ten (10) multi -family residential dwelling unit
affordable housing as part of future development of the subject Properties, contribu
$1,000,000 for neighborhood improvements to a neighborhood revitalization organiz
community revitalization trust serving District 5 with $500,000 payable within sixty (60
the effective date of the Covenant, $250,000 upon issuance of a building permit, and $2
upon issuance of a certificate of occupancy of the subject Properties; and
0
a
e mac.
na,
NOTICE
This submittal needs to be scheduled fora public hearing
In accordance with timelines set forth In the Clty of
Miami Cotle. The applIcatle derision-malcng body.ALI
review the Information at the public hearing to render a
re<ommenbaeon or a firm l nevaon.
WHEREAS the City Commission accepts the proffered Covenant as being in the best
interests of the City and as being beneficial to the area; and
PZ-22-15244
10/12/23
!EW co'
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, based on the evidence and testimony presented at the public hearing, the
City Commission, after careful consideration of this matter, deems it advisable and in the best
interest of the general welfare of the City of Miami and its inhabitants to consider this proposed
zoning change as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended
by changing the zoning classification from "T3-O," Sub -Urban Transect Zone —Open, to "T4-L,"
General Urban Transect Zone —Limited, for the properties located within block 17 of the
Wynwood Park Plat at approximately 3043 Northwest 3 Avenue, 3040 Northwest 2 Avenue, and
224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street and from "T4-L," General
Urban Transect Zone -Limited, to "T5-L," Urban Center Transect Zone -Limited, for the properties
located at approximately 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30
Street, Miami, Florida, as more particularly described in Exhibit "A."
Section 3. The Covenant voluntarily proffered by Applicant, attached and incorporated
as Exhibit °B," is accepted and approved by the City Commission.
Section 4. The Applicant shall record the Covenant within thirty (30) days of the
effective date of this Ordinance.
Section 3. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Sections 163.3187(5)(c) and
163.3184(12), Florida Statutes.'
' This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami
Page 2 of 3 13758
Book31312/Page1469 CFN#20190067844 Page 9 of 20
Attachment 1
File Number: 3408
DATE:
RESULT:
MOVER:
SECONDER:
AYES:
DATE:
ACTION:
3/22/2018
ADOPTED WITH MODIFICATION(S)
Manolo Reyes, Commissioner
Keon Hardemon, Chair
Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Rey
4/2/2018
Signed by the Mayor
I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records
thereof, do hereby certify that this constitutes a true and correct copy of Ordinance No.
13758, with attachment(s), passed by the City Commission on 3/22/2018.
Ci Cl=rk Deputy Clerk (for
T d B. Hannon, .City Clerk)
May 1, 2018
Date Certified
Enactment
This submtal needs to be schebu Led fora public hearing
in accordance wah Emelinea set forth in the City of
Miami Cede. The applicable decision -making body ,iLL
renew the Information at the public hearing to render a
recommendation or a final decia on.
PZ-22-15244
10/12/23
City of Miami
Page 3 of 3
13758
Book31312/Page1470 CFN#20190067844 Page 10 of 20
Attachment 1
THIS DOCUMENT IS A SUBSTITUTION. BAC
AND SUBMITTAL CAN BE SEEN AT THE END
DOCUMENT.
Exhibit "A"
Legal Description
North Parcels
This su bmidal needs to be scheduled bra public hearing
In accordance with E meCmes set forth In the city of
Komi Code. The sppllea tee tlecision-making body will
renew the' Information at the public hearing to render'a
recommendation or a final decision.
PZ-22-15244
10/12/23
Lot 3, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 1 through 9, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded in
Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
South Parcels
Lot 4, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, as recorded in Plat
Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots 10 through 18, inclusive, Block 17, of WYNWOOD PARK, according to the Plat thereof, as recorded
in Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
44932263;1
Book31312/Page1471 CFN#20190067844 Page 11 of 20
Attachment 1
44932263;1
THIS DOCUMENT IS A SUBSTITUTION. BAC
AND SUBMITTAL CAN BE SEEN AT THE END
DOCUMENT.
Exhibit "B"
Ordinance No.
[See Attached]
Thls submtal needs to be scheduled for a pu bUc hearing
reortlanoe wah timelines set forth In the Clty of
Miami Code. The applicable decision-makIng body W C
renewthe Informaton at the public hearing to render a
recomrnenaab on or a final decal on.
PZ-22-15244
10/12/23
Book31312/Page1472 CFN#20190067844 Page 12 of 20
Attachment 1
THIS DOCUMENT IS A SUBSTITUTION.
AND SUBMITTAL CAN BE SEEN AT THE
DOCUMENT.
This instrument prepared by
and when recorded returned to:
Steven J. Wernick, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131
This submtal needs to be scheduled fora public hearing
in accordance wild timelines set forth come City of
Mlaml Cbe.The appgwfAe decision -making bodyxill
reSewthe Inlormadon at the public hearing to render a
recommendation or a final decld on.
PZ-22-15244
10/12/23
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made this
day of , 2018 by WESTDALE WYNWOOD LP, a Texas limited partnership (hereinafter, the
"Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the
"City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that certain real property located at 224-284 NW
31 Street, 3043 NW 3 Avenue, and the western portion of 3040 NW 2 Avenue in Miami, Florida, as more
particularly described in Exhibit "A" (the "North Parcels"), and that certain real property located at 221-
291 NW 30 Street, Miami, Florida, as more particularly described in Exhibit "A" (the "South Parcels",
collectively with the North Parcels referred to as the "Subject Property");
WHEREAS, on July 20, 2017, the Owner filed applications with the City's Planning and Zoning
Department related to the future land use and zoning classifications of the Subject Property to effectuate
efficient and appropriate use, density, and future redevelopment of the Subject Property as a multi -family
residential development, including an application to amend the City's Zoning Atlas for the North Parcels
from T3-O to T4-L, and to amend the City's Zoning Atlas for the South Parcels from T4-L to T5-L (the
"Application"); and
WHEREAS, the Application is consistent with the City's Comprehensive Neighborhood Plan and
facilitates additional multi -family residential development with a mix of unit types and sizes, and
improvement in the quality of housing stock in the surrounding neighborhood; and
WHEREAS, on November 15, 2017, the Planning, Zoning and Appeals Board recommended
denial of the Application by a vote of four to three (4-3), pursuant to Resolution PZAB-R- 17-090; and
WHEREAS, on February 22, 2018, the City Commission on first reading of the ordinance,
reviewed the Application, and voted affirmatively to approve the Application; and
WHEREAS, on March 22, 2018, on second reading, the City Commission approved the
Application for amendment to the City's Zoning Atlas, as being Consistent with the criteria contained in
Article 7.1.2.8 of the City of Miami Zoning Code ("Miami 21 Code"), pursuant to Ordinance No. 13758,
attached hereto and made a part hereof as Exhibit "B"; and
WHEREAS, the Owner desires to ensure that any future use and/or development of the Subject
Property is compatible with both the current and future conditions of the surrounding neighborhood.
File No.: 3408
44932263;1
Book31312/Page1473 CFN#20190067844 Page 13 of 20
Attachment 1
THIS DOCUMENT IS A SUBSTITUTION. BACK
AND SUBMITTAL CAN BE SEEN AT THE END OF
DOCUMENT.
Thls submtal needs to be schetluletl fora public hearing
In accordance wTh timelines set forth In the CIty of
Ntleml Code. The epphcatle tlaision-making body riilt
rexewthe information at the public hearing to render a
recommendaton or a final tleciaon.
NOW THEREFORE, the Owner, in order to assure the City that the representations made
be abided by the Owner, its successors or assigns, freely, voluntarily and without dure
following covenants covering and running with the Subject Property:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Covenants Against the Subject Property. The Owner hereby declares the following restrictions
against the Subject Property:
PZ-22-15244
10/12/23
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.
In 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.
3. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject
Property and be binding upon Owner, its successors, heirs, and assigns upon recordation in the Public
Records of Miami -Dade County, Florida ("Effective Date"). These restrictions shall be for the benefit of,
and a limitation upon, all present and future owners of the Subject Property and for the public welfare.
4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner of the Subject Property, its successors in interest and assigns
for an initial period of thirty (30) years from the date this instrument is recorded in the public records and
shall be automatically extended for successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
44932263;1
2
Book31312/Page1474 CFN#20190067844 Page 14 of 20
Attachment 1
THIS DOCUMENT IS A SUBSTITUTION. B
AND SUBMITTAL CAN BE SEEN AT THE END 0
DOCUMENT.
5. Inspection and Enforcement. It is understood and agreed that any official insp
of Miami may have the right at any time during normal working hours to enter upon the S
for the purpose of investigating the use of the Subject Property, and for determining whether
of this Declaration and the requirements of the City's building and zoning regulations are bein
with. An action to enforce the terms and conditions of this Declaration may be brought by the City
be by action at law or in equity against any party or person violating or attempting to violate any covenants
of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to
recover damages. This enforcement provision shall be in addition to any other remedies available under the
law.
Thls submtal needs to be schetluletl fora public hearing
In accordance wTh timelines set forth In the CIty of
Men, Code. The epphcatle decision -making body riilt
rexewtheinformabon at the public hearing to render a
recommendaton or a final tleciaon.
PZ-22-1 5244
10/12/23
6. Amendment and Modification. This instrument may be modified, amended or released as to any
portion of the Subject Property by a written instrument executed by the owner(s) of the fee -simple title to
the Subject Property to be effected by such amendment, modification, or release and the City with the
approval by the City Commission at a public hearing, which public hearing shall be applied for by, and be
at the expense of the Owner.
7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect
any of the other provisions of this Declaration, which shall remain in full force and effect.
8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, by the Owner and at the cost of the Owner, within fifteen (15) days of acceptance by the
City. The Owner shall submit a certified recorded copy of the Declaration to the Zoning Administrator at
444 SW 2nd Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of recordation.
44932263;1
[ Signature Page Follows ]
3
Book31312/Page1475 CFN#20190067844 Page 15 of 20
Attachment 1
THIS DOCUMENT IS A SUBSTITUT
AND SUBMITTAL CAN BE SEEN AT THE END OF
DOCUMENT.
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the da
written.
WITNESSES:
WESTDALE WYNWOOD, LP
a Texas limited partnership
This submittal needs to be scheduled fora public hearing
accordance with timelines set forth In the City or
Miami Code. The apploaoe daimon -making body will
review The Information at the pubic healing to render a
recommendation or a final declson.
PZ-22-15244
10/12/23
By: JGB VENTURES I, LTD., a Texas
limited partnership - General Partner
By: JGB HOLDINGS, INC., a Texas
corporation - General Partner
By:
Print Name: Name: Joseph G. Beard
Title: President
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 2018, by , as of JGB Holdings, Inc., a
Texas corporation, as General Partner of JGB Ventures I, LTD., a Texas limited partnership, as General Partner of
Westdale Wynwood LP, a Texas limited partnership, on behalf of the company. He/She is personally known to me
or has produced as identification.
(Official Seal)
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
OFFICE OF THE CITY ATTORNEY
By.
Name:
Notary Public, State of Texas
My Commission Number:
My Commission Expires:
APPROVED
ZONING ADMINISTRATOR
By.
Printed Printed
44932263;1
Book31312/Page1476 CFN#20190067844 Page 16 of 20
Attachment 1
44932263;1
THIS DOCUMENT IS A SUBSTITUTIO
AND SUBMITTAL CAN BE SEEN AT THE END
DOCUMENT.
Exhibit "C"
Concept Plan
[See Attached]
This submittal needs to be scheduled bra public hearing
In accordance with a meCmes set forth In the city of
Komi Code The sppece tie tlecision-ma king bodynill
renew the' Information at the public hearing to render'a
recommendation or a final decision.
PZ-22-15244
10/12/23
Book31312/Page1477 CFN#20190067844 Page 17 of 20
Attachment 1
Z_
Ou)
O I-
0_LI-
z
U 0
< uJ
CO W
Z
O I—
I— Q
I— Z
F w
COcn
(/)
N pW3
Q Z
cnU
H �
LJJ
Z Q
u
2 Z O
I— < 0
Concept Plan
This submmal neebc to be scheduled fora public hearing
accordance wt Lmpllnes set forth In the City of
Miami Coale The eppllrate daimon -making body wIU
review The lntormahon at the pubic heanno to render a
recommendat on or a final declson
PZ-22-15244
10/12/23
Book31312/Page1478 CFN#20190067844
Page 18 of 20
Attachment 1
44945621;1
Exhibit "C"
Concept Plan
[See Attached]
This submmal needs to Ix schedu lea fora public hearing
In accordance wM1h timelines set forth In the CiTy of
Miami Code. The applicable decision -malting body will
renewthe Information at the public hearing to render a
recommendation or aTina ldeciuton.
PZ-22-15244
10/12/23
Book31312/Page1479 CFN#20190067844 Page 19 of 20
Attachment 1
OR Bk 313
LAST PAG
Concept Plan
This submittal needs to be scheduled fora public hearing
In accordance with timelines set forth In the City of
Miami Code. The applicable decision -making body will
renew the information at the public hearing to render a
recommendation or a finai decision.
PZ-22-15244
10/12/23
Book31312/Page1480 CFN#20190067844
Page 20 of 20
Attachment 2
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Arthur Noriega V, City Manager
Daniel S. Goldberg, Esq. Goldberg, Goldberg, aergigned by
l
Zoning Administrator Daniel Date: 2023.09.20
22:51:13 -04'00'
DATE : September 20, 2023
NOTICE
This subrnitlal needs to be scheduled fora public hearing
In accordance wth timelines set forth In the City of
Miami Code. The applicable decIsion-makingbodywlll
review the Information at the public hearing to render a
recommendation or a final deci®on.
SUBJECT: Release Review Committ
Recommendation for Release o estrictive
Covenant located at 3043 NW 3 AV
REFERENCES : PZ-22-15244, PZ-21-10742
PZ-22-15244
10/12/23
ENCLOSURES:
On January 20, 2022 the City of Miami's Release Review Committee ("RRC") recommended
approval by the City Commission of the release of the Declaration of Restrictive Covenants (the
"Covenant") recorded on February 4, 2019, in the Official Records Book 31312, Pages 1461-1480 of
the Public Records of Miami -Dade County, Florida against the property located at approximately 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, 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291
Northwest 30 Street (collectively, the "Property"). The Covenant was proffered in connection with a
rezoning of the north parcels of the Property from T3-O to T4-L and the south parcels from T4-L to
T5-L, as approved by the City Commission on March 22, 2018 through Ordinance No. 13758. The
Covenant contains the following restrictions against the Property:
a) The unified site is to be developed generally consistent with the approved concept plan, for
multi -family residential development with a mix of unit sizes, on -site parking and community
amenities, and limited commercial uses on the ground floor, and subject to a recorded Unity
of Title of Covenant in Lieu of Unity of Title
b) That 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) 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, the owner shall contribute
$1,000,000 for neighborhood 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.
The RRC recommends approval of a release of the Covenant for the following reasons:
1. Section 2 of the Covenant states that the Covenant may be released "if the City of Miami
Zoning Atlas or Miami 21 Code is amended to allow the North Parcels of South Parcels or any
properties abutting the North Parcels, respectively, to exceed the maximum height or
maximum permitted density allowed 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.
2. The Property has been rezoned through the adoption of the Wynwood Norte Neighborhood
Revitalization District ("NRD-2"), through Ordinance No. 13986 approved by City Commission
on March 25, 2021. The NRD-2 allowed the Property to exceed the maximum height and
density permitted during the time the Covenant was executed.
Attachment 2
3. All parcels included in the Property were rezoned through the adoption of th
thus, subject to the release of the Covenant. The Applicant has also satisfied
of contributing $500,000 to the Liberty City Community Revitalization Trust
days of recording the Declaration.
This submittal needs to be scheduled fora puboc hearing
In accordance whh timelines set forth in the City of
Miami Code. The applicatte deeision-making body will
reNewihe information at the pu bkc hearing to render a
recommendation or a final decision.
Subsequently, the applicant has applied for a Release of Declaration of Restrictive Covenants
through the Zoning department (PZ-21-10742) and has applied for a Special Appearance (PZ-22-
15244) for the release to be heard by the City Commission, as required by the existing Covenant
under the terms for release. The RRC recommends approval of the release of the Covenant subject
to clearing the violations on the Property and receiving City Commission approval.
Cc: Sevanne Steiner, CNU-A Assistant Director
Vickie Toranzo, MHP, MA LIS, Chief of Land Development
Samantha Maldonado, Planner II
FUTURE LAND USE MAP (EXISTING)
EPLAN ID: PZ-22-15244
SPECIAL APPEARANCE
ADDRESSES: 3043 NW 3 AV, 284 NW 21 ST, 276 NW 31 ST, 268 NW 31 ST, 262 NW 31 ST, 252 NW 31 ST, 244
NW 31 ST, 234 NW 31 ST, 224 NW 31 ST, 3040 NW 2 Avenue, 221 NW 30 ST, 229 NW 30 ST, 237 NW 30 ST,
243 NW 30 ST, 251 NW 30 ST, 267 NW 30 ST, 269 NW 30 ST, 275 NW 30 ST, 285 NW 30 ST, 291 NW 30 ST
0 125 250
500 Feet
NW 2ND AV
This submittal needs to be schebu led for a public hearing
In accordance wilt timelines set forth in the City of
Miami Code. The applicable decIslon-making body will
review the Informagon at the public hearing to render a
recommendation or a final deci5lon.
PZ-22-1 5244
10/12/23
A
MIAMI 21 ATLAS (EXISTING)
E P LAN I D : PZ-22-15244
SPECIAL APPEARANCE
ADDRESSES: 3043 NW 3 AV, 284 NW 21 ST, 276 NW 31 ST, 268 NW 31 ST, 262 NW 31 ST, 252 NW 31 ST, 244
NW 31 ST, 234 NW 31 ST, 224 NW 31 ST, 3040 NW 2 Avenue, 221 NW 30 ST, 229 NW 30 ST, 237 NW 30 ST,
243 NW 30 ST, 251 NW 30 ST, 267 NW 30 ST, 269 NW 30 ST, 275 NW 30 ST, 285 NW 30 ST, 291 NW 30 ST
0 125 250 500 Feet
This submittal needs to be schebu led for a public hearing
In accordance wilt timelines set forth in the City of
Miami Code. The applicable decIslon-making body will
review the Informagon at the public hearing to render a
recommendation or a final deci5lon.
PZ-22-1 5244
10/12/23
A ASi, Fr
, , iz
ill ,
_„_
, L fr
,1
„_______
II
/, AO lk
lLT5AA • r//A • ,/, ///44 rrA rA I • m . i . s ima A A A W A r A r,. 1 r
_ , ,
p4010 yr
T5-LTS-L
z
CI
I
i
_L
////
T6; 8-O
r=
i I
CS
0
4
zerifz
ZA),J,
A, i
0�
AERIAL
E P LAN I D : PZ-22-15244
SPECIAL APPEARANCE
ADDRESSES: 3043 NW 3 AV, 284 NW 21 ST, 276 NW 31 ST, 268 NW 31 ST, 262 NW 31 ST, 252 NW 31 ST, 244
NW 31 ST, 234 NW 31 ST, 224 NW 31 ST, 3040 NW 2 Avenue, 221 NW 30 ST, 229 NW 30 ST, 237 NW 30 ST,
243 NW 30 ST, 251 NW 30 ST, 267 NW 30 ST, 269 NW 30 ST, 275 NW 30 ST, 285 NW 30 ST, 291 NW 30 ST
0 125 250
500 Feet
This submittal needs to be schebu led for a public hearing
In accordance wilt timelines set forth in the City of
Miami Code. The applicable decIslon-making body will
review the Informagon at the public hearing to render a
recommendation or a final deci5lon.
PZ-22-1 5244
10/12/23