HomeMy WebLinkAbout05-12-16 CC Staff AnalysisCITY COMMISSION DOCUMENTATION
FILE ID:
ANALYSIS FOR RELEASE OF COVENANT
16-cr
APPLICANT: Steven J. Wernick, Esq. on behalf of RS, JZ Design 40, LLC.
and Oak Plaza Associates LLC.
PROJECT NAME: Picadilly
PROJECT ADDRESS: 35 NE 40 ST and 34-60 NE 41 ST, Miami, FL
TRANSECT ZONE: T5-O "Urban Center" Transect Zone
FOLIO NUMBERS: 01-3124-027-0180, 01-3124-024-1420, 01-3124-024-1410,
01-3124-024-1460, and 01-3124-024-1390
COMMISION DISTRICT: District 5, Commissioner Keon Hardemon
NET OFFICE: Little Haiti
SUBJECT: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A
RELEASE OF A DECLARATION OF RESTRICTIVE COVENANT
("COVENANT") WITH ATTACHEMEN(S) DATED FEBRUARY 25, 2005
AND RECORDED IN THE OFFICIAL RECORD, BOOK 23151, PAGE 4667,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR
THE PROPERTIES LOCATED AT 35 NE 40 STREET AND 34-60 NE 41
STREET, MIAMI, FLORIDA, AND LEGALLY DESCRIBED IN ATTACHED
"EXHIBIT A.
BACKGROUND
The Covenant that is the subject of this application involves two sites. The first is
referred to in the Restrictive Covenant as the "Building Property", located at 35 NE 40th
Street. The second is referred to in the Restrictive Covenant as the "Property", located
at 34-60 NE 40th Street. This Covenant was declared on February 25th 2005 and
recorded on March 9th 2005.
The Restrictive Covenant provides that twenty-two (22) parking spaces will be provided
for the Picadilly Building (located on the "Building Property") on the "Property".
On October 1, 2004 a Class II Special Permit (04-0255) was issued for the "Property",
providing for entitlements including a transfer of FAR from the "Building Property".
The Class II Special Permit (04-0255) expired in 2006.
Release of Restricted Covenant — 35 NE 40 Street and 34-60 NE 41 Street
City Commission Documentation
Meeting Date: May 12, 2016
Page 2
FINDINGS
• The proposal before the Commission is a request for the release of the restrictive
covenant, dated February 25, 2005, and recorded on March 6, 2005.
• The applicant(s) are requesting the release of the covenant, which provides that
twenty-two (22) parking spaces will be provided for the Picadilly Building (located
on the "Building Property") on the "Property".
• The eventual expiration and non -renewal of a Class II Special Permit (04-0255),
and approved alternative development proposal for the "Property", has rendered
the "Building Property" undevelopable and the Restrictive Covenant
unenforceable.
• The department has not reviewed a development proposal related to the request
for release of covenant.
• The twenty-two (22) parking spaces associated with the Picadilly Building will
continue to be provide for on -site located at 34 NE 40th Street.
RECOMMENDED ACTION
Staff recommends a release of covenant for 35 NE 40 ST and 34-60 NE 41 ST, Miami
FL.