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HomeMy WebLinkAboutSubmittal-Iris Escarra-Art Plaza In. Rezoning ApplicationSubmitted into the publiZ I record foyite (s) r on 5 il_ 7 , City Clerk Rezoning Application Z C5S - ) A \ c\ \ V 3 (X(c a .J\A )\ tra\4\ Y ) 1\ CU\ion Submitted into the publiA record f ite (s) on it Art Plaza, LLC Letter of Intent 1 Exhibit Board 2 Downtown Development Authority Boundary Map 3 OMNI CRA Boundary Map 4 City Residential Density Increase Area Map 5 City Urban Central Business District Map 6 Prior Rezoning Approval for Similar Development 7 Declaration of Restrictive Covenants 8 MIA 185790959v1 City Clerk GT GreenbergTraurig Mr. Francisco Garcia City of Miami Planning and Zoning Department 444 S.W. 2nd Avenue, 3rd Floor Miami Riverside Center Miami, FL 33130 Submitted into the public ('cord for }'tem s) ?,, 1 to � / / � (//7 . City Clerk January 10, 2017 Iris V. Escarra Tel (305) 579-0737 escarrai@gtlaw.com RE: Art Plaza LLC/ Letter of Intent and Application for Rezoning for properties located at 1336 NE 1 A%enue,1348 NE 1 Avenue, 1366 NE 1 Avenue, 58 NE 14 Street, 50 NE 14 Street, 1335 NE Miami Court, Miami, Florida Dear Francisco: On behalf of Art Plaza LLC, (the "Applicant"), we respectfully submit the enclosed Application for Rezoning of the properties located at 1336 NE 1 Avenue, 1348 NE 1 Avenue, 1366 NE 1 Avenue, 58 NE 14 Street, 50 NE 14 Street, 1335 NE Miami Court, Miami, Florida, (collectively, the "Subject Property"). Please consider this correspondence as the Applicant's Letter of Intent and analysis pursuant to Article 7.1.2.8(c)(2)(g) of Miami 21. The Applicant seeks to develop the Subject Property as a mixed -use development with multi -family residential use, ground floor retail and requisite parking. PROPERTY INFORMATION According to the information on the Miami -Dade County Property Appraiser's website, the Subject Property is approximately 53,025 square feet or 1.22 acres in gross area and currently consists of mostly vacant and unimproved lots. Additionally, running down the center of the Subject Property from NE 14 Street to NE 13th Terrace is a 10-foot alleyway as provided in Plat Book B at Page 87 and Plat Book 6 at Page 43 of the Public Records of Miami -Dade County, Florida. ^ft_ .._ . _. Image 1 GREENBERG TRAURIG, PA. • ATTORNEYS AT LAW • WWW.GTLAW.COM 333 S.E. 2nd Avenue • Suite 4400 • Miami, FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717 Letter of Intent for Submittal of Application for Rezoning Art Plaza FUTURE LAND USE Submitted into the put* record fo item(s) YZ. on ��% . City Clerk The City's Future Land Use Map ("FLUM") of the City's Comprehensive Neighborhood Plan (the "Comprehensive Plan") designates the Subject Property as General Commercial. Under the City's Comprehensive Plan, the Subject Property's General Commercial designation permits hotel, office, retail, restaurants, and "general entertainment facility" uses. Additionally, the General Commercial designation permits the development of residential units to a maximum density equivalent to High Density Multifamily Residential (i.e., 150 residential dwelling units per acre); however, because the Subject Property is located within the Omni Residential Density Increase Area, the density permitted at the Subject Property is 500 residential units per acre. Accordingly, the Applicant's proposed mixed use multi -family residential development at the Subject Property is permitted under the General Commercial designation of the Comprehensive Plan and is in keeping with its specific goals, objectives and policies as included on pages 8 and 9 of this correspondence as well as the request to rezone the Subject Property to T6-24B-O. ANALYSIS OF REQUEST FOR REZONING As per Miami 21, the current zoning for the Subject Property is T6-24A-O. The Applicant now proposes and hereby submits the enclosed application for approval of a zoning change for the Subject Property from T6-24A-O to T6-24B-O pursuant to the successional zoning requirements of Article 7.1.2.8 of Miami 21. For the reasons outlined below, the proposed rezoning is consistent and appropriate for the Subject Property and should be approved. Image 2 1. The Subject Property is located in Urban Central Business District supporting the rezoning to T6-24B-O. The Subject Property is Located in the center of the Urban Central Business District (the "UCBD"). The Comprehensive Plan defines the UCBD as containing high intensity, high density multi -use development which includes retail, entertainment facilities and high -density residential uses. Accordingly, the Applicant's proposed rezoning to T6-24B-O for development of a mixed MIA 185595094v4 GRE.ENBERG TRAURIG, P.A • ATTORNEYS AT LAW • W W W GTLAW COM Letter of Intent for Submittal of Application for Rezoning Art Plaza Submitted into the pubic -ccord fo ite (s) 6V1 /n • City Clerk use multi -use residential structure at the Subject Property is appropriate due to the Subject Property's location within the boundaries of the City's UCBD. As previously, mentioned the UCBD contemplates and encourages the development of high -intensity and high -density residential and commercial development such as that proposed by the Applicant. 2. The Subject Property is in the Omni Community Redevelopment Area as well as the Performing Arts Center District supporting the rezoning to T6-24B-O. The Subject Property is also located in the Omni Community Redevelopment Area (the "OMNI CRA") and the Performing Arts Center District (the "PAC District"). In recent years, development of the PAC DISTRICT has made the OMNI CRA a hub of culture, dining, shopping and entertainment. Future developments for the area including the Omni Media Towers and hotel developments proposed within the area have also led to an increased demand in multi- family residential housing, hotel use, and commercial space, including retail use, in the area. High density and high intensity residential towers dominate the skyline along Biscayne Boulevard across the City's newly established Museum Park. The existing and proposed multi- family residential uses continue along Biscayne Boulevard into the OMNI CRA and Edgewater areas. The OMNI CRA has long been seen as the point of connection between Downtown Miami and the areas of Design District, Midtown and Wynwood creating an ideal location for both residents and visitors to live, work and play. The proposed ground floor retail on the Subject Property will create active pedestrian areas by providing connectivity with the surrounding commercial spaces and create a gathering place for both visitors and residents of the OMNI CRA. 3. The proposed rezoning will permit a cohesive and unified development with increased Floor Area at the Subject Property in accordance with the guiding principles of Miami 21. The Subject Property's existing T6-24A-O zoning designation permits bonus building floor areas 30% above what is permitted by right; whereas, the proposed rezoning to T6-24B-O will permit a cohesive and unified development by permitting a floor area 40% above the available floor area by right. This increase in floor area will permit increased development which will be consistent with the character, scale and uses of the surrounding area. Moreover, the proximity to downtown Miami enhances the need for maximum lot coverage to further promote the much needed residential and commercial development in the area. 4. The current Floor Lot Ratio under the existing zoning is inconsistent with the City's Comprehensive Plan. Attached is a data sheet comparing the development standards under the existing T6- 24A-O and the proposed T6-24B-O. The existing zoning permits a multiplier of only 7 for the Floor Lot Ratio (the "FLR"), which is inconsistent with the permitted development under the Comprehensive Plan and Miami 21 for Subject Property. By right, the Subject Property is permitted development up to 48 stories, but the current zoning would meet its FLR max at MIA 185595094v4 GREENBER.G TRAURIG. PA. • A17GRNEYS AT LAW • WWW G-LAW COM Letter of Intent for Submittal of Application for Rezoning Art Plaza Submitted into the publ'c record fo . ite (s) on 7 City Clerk approximately 21 stories. The rezoning to T6-24B-O would permit an FLR multiplier of 16, which would result in development that is consistent with the City's plans for the Subject Property and surrounding area given its Comprehensive Plan designation, as well as the availability of mass transit to serve residents and visitors discussed further below. Additionally, as previously mentioned, the Subject Property's designation as General Commercial under the City's Comprehensive Plan, permits density of up to 150 dwelling units per acre, and the current zoning permits 500 dwelling units per acre. Without the rezoning, the Subject Property would not be able to achieve its viable development potential in permitted stories or density under Miami 21 and the Comprehensive Plan. The rezoning will correct the clear error in the Subject Property's current zoning. 5. An analysis of the development and use pattern for the immediate vicinity of the Subject Property supports the proposed rezoning to T6-24B-O. The properties located immediately to the East of the Subject Property up until Biscayne Bay are zoned T6-24A-O. The properties located immediately to the South of the Subject Property are zoned T6-24A-O. The Subject Property does not adjoin or abut any single-family residential neighborhoods. • The property located at 1657 N Miami Avenue, located North of the Subject Property, was recently improved for the development of Filling Station Lofts, with a 16-story 81- unit multifamily structure with retail space located on the ground floor. See Image 3 below. Image 3 • The property located at 235 NE 14 Street, located to the East of the Subject Property, was recently approved for the development of Melody Towers, a 36-story 496-unit multi- family mixed -use development. This project is currently under construction. See Image 4 below. MIA 185595094v4 GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM Letter of Intent for Submittal of Application for Rezoning Art Plaza Image 4 Submitted into the publi record fofite� (s) VZ; on oil) I l �l City Clerk • The property located at 1630 NE 1 Avenue, located North of the Subject Property, is currently being redeveloped as Canvas Condos, a 37-story 513-unit multi- family mixed use development. This project is currently under construction. See Image 5 below. MIA 185595094v4 GREENBERG TRAURIG, P.A • ATTORNEYS AT LAW • WWWGTLAW.COM Letter of Intent for Submittal of Application for Rezoning Art Plaza Submitted into the public record fir it m(s) public on �I I %I7 City Clerk • The property located at 1749 NE Miami Court, located North of the Subject Property, was approved to be redeveloped as Parc Lofts, a 72-unit multi -family mixed -use development. See Image 6 below. Image 6 6. The changing conditions and recent redevelopment in the immediate vicinity of the Subject Property warrant the proposed rezoning to T6- 24B-O. As previously mentioned, the Subject Property is located in an emerging area of the City. Residents are trending less towards urban sprawl and seeking out residences with pedestrian - friendly accommodations. Moreover, Downtown Miami, Edgewater, and other emerging areas within the OMNI CRA point to the need of maximum use of every parcel available. Residents want to live, work and play in neighborhoods without the need for their own personal transportation. The Subject Property is located within the Miami -Dade County Transit MetroBus, MetroMover and MetroRail systems. As such, any development at the Subject Property under Miami 21 will incorporate the increased nearby transit opportunities in order to promote walkability in conformance with the principles of Miami 21. The rapid growth of the surrounding area supports and demands the zoning change to a higher transect zone designation promoting growth along major thoroughfares. The character of the surrounding areas has evolved to consist of more liberal commercial uses and higher scale multifamily residential uses which has served as a catalyst in the revitalization of the area and stimulated economic growth and jobs in the OMNI CRA and surrounding neighborhoods. CONCLUSION In light of the foregoing, the proposed rezoning of the Subject Property, pursuant to the Rezoning Application to T6-24B-O is appropriate due to the proximity of the site to a rapidly MIA 185595094v4 GREENBERG TRAURIG. P.A. ■ ATTORNEYS AT LAW • W W W.GTLAW.COM Letter of Intent for Submittal of Application for Rezoning Art Plaza Submitted into the pubiki record foir ite (9 (. on �,I f I / . City Clerk developing commercial and residential area, is consistent with the scale, character and uses located in the immediate vicinity, is compatible with the established land use pattern in the area. It is important to note that the multiplier for FLR is the only change in the development standards with the approval of the proposed rezoning. The Applicant's proposed rezoning from T6-24A-O to T6-24B-O is consistent with the City's vision and plans for the OMNI CRA, as well as the underlying General Commercial land use designation. Moreover, the network of public transit available to serve the Subject Property makes evident that the area was always envisioned as a bustling neighborhood to live, work and play. The proposed development at the Subject Property complements the existing and proposed development approvals in the immediate vicinity such as the recently approved and currently under construction Filling Station, Melody, Canvas Condos, and Parc Lofts developments as well as the City's efforts to expand the uses in the area to attract visitors and residents alike. The rezoning to T6-24B-O will allow redevelopment to meet the intent and goals of Miami 21, through development standards including required retail frontages, habitable liners, pedestrian friendly development, active facades, etc., improving the property and neighborhood overall. Please note that pursuant to Article 7.1.2.8(c)(2)(g) of Miami 21, the proposed Rezoning of the Subject Property is in conformance with the Comprehensive Plan, the established land use pattern for the adjacent properties and the immediate area, and in scale with the needs of the neighborhood. Specifically, the Applicant's proposed is consistent with Miami 21's intent and the zoning and comprehensive plan designations for the adjoining properties and neighborhood of expanding mixed uses and urban development to the Omni area. Enclosed please find the Rezoning Application, a check payable to the City for the associated filing fees for the applications, and a survey of the Subject Property. If you require any additional information or would like to discuss further this request, please contact me at 305- 579-0737. Thank you for your attention to and favorable consideration of this matter. Sincerely, Iris V. Escarra Enclosures MIA 185595094v4 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAWCOM Letter of Intent for Submittal of Application for Rezoning Art Plaza Submitted into the publ' record fo[ item(s) v 7 1*\ J � on Comprehensive Plan Objectives and Policies Furthered by Rezoning City Clerk • Policy LU-1.1.1: Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S. • Policy LU-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. • Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. • Objective LU-1.3: The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well -designed, mixed -use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). • Policy LU-1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. • Objective LU-1.6: Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan. MIA 185595094v4 GREENBERGTRAURG,PA. • ATTORNEYS AT LAW ■ WWWGTLArtiCOM Letter of Intent for Submittal of Application for Rezoning Art Plaza Submitted into the publ'c record fo% ite (s) V%, on 5 ill fr) , City Clerk • Policy LU-1.6.3: The City's Planning Department shall review all proposals to amend the City's Zoning Ordinance and any other land development regulations, and shall report as to the consistency between any proposed amendment and the MCNP, to the Planning Advisory Board, the City's "local planning agency," which will then forward its recommendation to the City Commission for approval and adoption. MIA 185595094v4 MIA 185595094v4 GREENBERG TRAURIG. P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM A I GENERAL SITE INFORMATION T6-24a vs. T6-24b DATA SHEET -CALCULATIONS BASED ON MIAMI21 ZONING CODE 1_5_1344.1111151351NA.201.0.1.1.4511E I4T0.334 NET LOT AREA turn NET LOT saes 04400a VEOCA1GN 1014. Nat LOT ARIA V rEn 1f1' oedtarioN ALGNO 144E..1 I530 ur1R6 • NET, OT ACRE . NFl4N1 a7ilat110aA I5 I Rv6R.AOLEF,LA. r B46EIl R• NE1 LOI 00N,15 0001, 30w1 TOTAL F LR _'04E4.6444 IVY r. SPACE CALOULATION TO .IW`000RNNTEM 0VEAa6e10Nel 0010 4PAtE RE0 . I r IIP narkv IOtto 10 Ndtl<I EYEC0T1 W CP0N 07.0E • r 01.11 3.3. OFFN fa rv+11L0) Parking for 655 units tallow donsily) 1.5 per/will ART PLAZA An pleas. 1339 NE 1 Men, 1110 NE 1 Avenue,1166 NE 1 Avenue. 1335 NE Mre rl Coon, end 50 NE 14 Street end 53 NE 14 5lrenl T6-24a URBAN CORE ZONE 57,037 el 111 acres 57,037 sr 1.31 aces 50,551 sl 1 16 acres 1131441311217 LSS aeewde N ab5rw R1v OOxYa 1�7:ICB1�7�/�,a{3l: 4e 514rN6 w/BONUS 4i1Avull8D eawcad 10,1 31 1 106,7d6 11E175 51aa. a0 FT.OVEN P&A PE3.00115O .441 15,000 Inv 15,035 IOTn ART PLAZA Art 7133N 1330 NE 1 Avenue, 134E NE t Avenue. 1300 NE 1 Avenue, 1335 NE Miami COu4 em19n NP ,4 Slreel erw 55 NE 1a 51re31 TO.24b URBAN CORE ZONE 57,037 5f 1.31 aces 57,037 sf 1.31 acres 50,551 sf 1.16 saes e5Rw8TE0 655 24 erwrro w`BOWE MN. tot BONUS 111110304131 IC 51.037 m151 04 5e51. MA 1„3117,ay SO 51. OM 51 PL001.1 REOOE5TE0 441441 15.0. .1,055 ALLOWS A FULL 43 STORY BUILDING 962 parking spaces 902 parking spaces NO CHANGE NO CHANGE NO CHANGE CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE 1 ART PLAZA MAX. FLR 519,0376f 21 2D 19 16 17 16 15 14 13 12 11 10 7 � 6 W 2 A GENERAL SITE INFORMATION T6-24a vs. T6-24b DATA SHEET - CALCULATIONS BASED ON MIAMI21 ZONING CODE IONwO DEORWTAON UNDER MAYA H NET LOT AREA TOTAL NET LOT AREA BEFORE DENG SON TOTAL YET LOl ANEA Alars 1e 3- DEDICATION ALONG Mt, Street IE50 VN.T51 NET LOT ACRE INrowo NISTYAT100I 1 IAYARAeLE ELS cLo nAG[ Lp.NET LOT00Ee 0ONus (30M taw TOTAL ILA !1_' ltor COVERAGE PACE ART PLAZA M MRm 13311 NF 1 Avenua.1345 NE Avenue. 1368 NE 1 Avenue. 1335 NE Mum, 00un, end 50 NE 1e Sueel end 55 NE14 Seem T6.24a URBAN CORE ZONE 57,037 of 1.31 wee 57,037 s1 1.31 acres 50,551 sf 1.18 acres 7EILORTE0 eel au'lrin ev OWUf L rEa 0i71.271 NALI 30 FT OVER F.LR PERMrr1E0 4041 ION I e.0551 12220 IO0E112PSa CAL 00.0101NTO CON7[5U90SO 0534RCi3E6 o-nl'1 enr;q nOg . 1 > ELS Saner E1110 CJOLV'I Ln„E.!E1 ar OVEN S0ACI 12.0LA 7, [,;:PEN 7:. 1115L.15 Parking for 655 Units (altew density) 1 5 cm Anil InM sew 962 parking spaces ART PLAZA An star! 'I330 NE 1 Avenue, 1346 NE 1 AVE.,. 1300 NE 1 Avenue, 1333 NE Mince Court end 50 NE le Sueel e1M 50 NE 11 Street T6-24b URBAN CORE ZONE 57,037 al 1.31 acres 57,037 sl 1.31 acres 50 551 sr 1 15 acres 05000053 IROVASEO 24 nen. wlanMs m BONUS RERUTf3EG 2110211110 57 521 N1 e1 20 IT. DYER Ss 'La0115 RE000i11D 40.141 15.070 ICA ALLOWS A FULL 48 STORY BUILDING 552 perking spaces NO CHANGE NO CHANGE NO CHANGE CHANGE NO CHANGE NO CHANGE NO CHANGE 1 NO CHANGE j 21 20 19 C 2 7 in 5 0 - H 2 8 ART PLAZA MAX, FLR 519,037s7 fd' +ll;4,4� Ilia I . �.L.1�..l::f'►. N; 'a tit ,.. r . wJP7'nr,cttlt Urban Central Business District Boundary Ce Center • F6-' eier.. r-n.v n. NIF N ?Me S • N. 1411 School Board Station Adrienne Arsht Center Station M scOa 11U461c1l 4 "•'.IIY (r 11111 L. Miami DDA Boundary Museum Park Station Residential Density Increase Areas 500 units/acres 41 0441.01 mom 0 IM 50YLTRI 1 Musexn Morn NE111151111SIOMIIIIIIIINEIr5tiASI Submitted into the publ' c. record for ite (s) Li on 5 11 , City Clerk NW 27th SI NW 26th 5t NW 23rd SI NW 22M St y 3 NW241h St NW 23rd SI NW 22nd St NW 28th St G NW 27th St NW 26th St NW 25th St NW 241h St NW 23rd SI NW 19th St NW19th St NW 18th St BtfgA01 ___iW17th St '$ NW 16th St 4111L411h 51 MY11N Ter ' MY 9th St NW8th 5l mv7lns h M76th5t i NW Sth SI NW41h51 NW3rd St SW 1st St SW 2nd 51 SW 3rd St t. 5W 4th SI SW 5th SI 5W 6th Sl SW 7th SI SW8th St a SW9th St 2' SW 19th St u SW 111h SI IMIAMIDDA DDWNIOWN_DEMELDPMENS AU_THf1RITY NW 15111 St NW 141h St 60 i NW 1st 5t Claw' . 9 W FLAGLER ST 3 559 3rd St NE 25th St NE 24th St NE 23rd SI NE 22nd St NE21s1 S1 NE 20th 5t NE 1911151 61EYOMreM/ NE 17th 5t NE16th51 NE 15th 5t NE11th SI < NE10th St a 3 NE91h St NE 8th St NE IIS51 NE SS St NE SI8 St NE4th5t z NE3rd S! NE 2nd 5t NE 1st 5t NE 27th 51 NE26111Te NE 2601 5t NE 2411151 NE 22nd Te 5 NE 19th Te NE 178i Te 5 AraM Co., NE 13111 NE I21h St DAM PORI BM E FLAGLER ST Guzman Cedar 5W1St5t © SE1st 5I SW 70, a I srnua 3 SIN Sth St m c 1 W10N51 Brlat W48.W Shl SE and St SE IMSI %scan HUD VAT El SE Sth St SE eth St I SE 9th St SE 7Nh Sr SE12Nr S! SE r23 ie SE 13th St SE74t5 St SF 74tATe ms SRICKELL KEY Submitted into the pubc record for item(s) Y7_, on 5 / C II /' City Cl 714043'NL'E C Biscayne Bay 0 Miami DDA Boundary POST OF YEWS 0.25 0.5 Miles Source: Miami -Dade County ITD, Miami DDA Updated_ July 3, 2013 erk Osciarrner product is Mr reference purpeSes on,/ and u nai 4 • 1 _ NW426.TH'ST 1111111 r` tainexioin 4§-51116011.—'5.• - - - NW 23RD ST W.123RD.ST NW 22ND 41:444 • .4144; c•cii cie NW 22ND NW 22ND • 1 • - • 1101, • NW,:t7.Till..574. I 95'RAMP NW.14TH ST 01.11. !oar; o. ..1 4,4 )0:4. ' 4 ea- "•12•- •••NIII4TH ST NW48TH'iT ,s4 • • NE'25IhrST , ; 0,4'••• NJ' • z NE 24TH,ST • I I " NW 23.RDST 44! NW,22ND NW 13TH ST NW 12THIST, ,2• r NWcZTil ...a,. ...cps, ".I fin 14144TH 1 c. CUMENUffe NW 11 TH el 4 4 NW9TH ST 1.1 ZI co agicA0163U Malang? rn 'NE maxisitier,o NE-125TH ST 1 0 100 sr'• - NE 23RD ST, i1111a17 Ng722ND ST 77 0:130701617 A cocegueu NE,110TH '4-411 - 1- * "MI , • Li6lizav 7 rtib• ,J,AT :ititsattv 11111F Na5rmsj- -1 ST r 4 4 4,1 -0' VENETIAN CSWY MACARTHURICSWY OMNI CRA Legend =Commission District Boundary Community Redevelopment Area - Street aol 0.09 o 0.08 Mks cis Miami -Dade County &amain° ear 21i. anniversary ,W1O • V• iNETIAHWAYa trio" 74, to, 4 This map was prepared by the Miami Dade County Information Technology Department Geographic Information Systems (GIS) Division For the Office of Management and Budget March, 2012 This map and associated information Is to be used only for public business as may be authorized by law and no reproduction for commercial use or sale Is permitted. No expressed or implied warranties including but not limited to the implied warranties of merchantability or fitness for a particular purpose Is made. User Is warned the materials contained herein are provided "as is". sursTrmucnrre record for. iterM s 1 on 5 / . City Clerk Submitted into the pub .c record for itep(s) % + on /n i 17 . City Clerk Volume 1 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN GOALS OBJECTIVES POLICIES City of Miami Planning Department 444 SW 2nd Avenue • Miami, FL 33130 October 2015 The Miami Comprehensive Neighborhood Plan was adopted as Ordinance 10544 on February 9, 1989 and has been amended by the City Commission through October 22, 2015. City of Miami Residential Density Increase Areas 2020 Future Land Use Map October 2015 P [1L IMP SR b36 EXPY _ I W FLAGLER ST3, SY,V.,1ST_ST, Residential Density Increase Areas 2015 Om.A1.111 NAV/M.01M soenesii cantons SPA CR Rewer Ovadrant..(4, Breltell IPA(S) I= Ravana F11.(6) 1=1 ihmn Weer KRA I I I II Dscierner Tiasmap retervnte en, end .5 nollo be used es &legal...Ma-VW Z'r:40%7111."''"Zrtrt"'''T 0.3e 01I of UpearRarnn7 "DieRrineit ,,,,r1C5sr 1.41111 nerrins oepaxnein DAinalies.tlentel !bury Faces! A/v. 10.15mul 0 125 0 25 0 5 mites t!;111 6 LFH — SW 7TH ST SW 8TH ST I 'I NE 20TH ST 1 ==)I . — I1II ... II NE 13TH ST Submitted into the pubtic record for iteip(A) al I on 5 / /I / l-/ . City C L------VENETIAN.CSVVY ( VENETIAN WAY Miall MACARTH1JR'CSWY Area Map City of Miami lerk Submitted into the pub record for ite (s) Li on 5 /I I / 17 . City Clerk Volume 1 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN GOALS OBJECTIVES POLICIES City of Miami Planning Department 444 SW 2nd Avenue • Miami, FL 33130 October 2015 The Miami Comprehensive Neighborhood Plan was adopted as Ordinance 10544 on February 9, 1989 and has been amended by the City Commission through October 22, 2015. F z City of Miami Urban Central Business District 2020 Future Land Use Map February 2010 z NW 7TH ST NW 4TH ST NW 3RD ST NW 2ND ST NW 1ST ST SW 4TH ST NW 20TH NW 17TH ST NW 14TH ST NW 8TH ST NW 7TH ST NW 5TH ST Nr 4 S SW 1ST ST Legend mUrban Central Business District 01 0,2 t U 0 z 04 z Z NW 16TH ce z R NE 20Tt TER 0 ST F- 2 NW 19TH ST2 z z 0 z z ER NW 16TH ST NW18THST NW 15TH ST NE 20TH 0 Submitted into the public -ecord fo , to { } on / 7 City Jerk VENETIAN CSWY Area Map City of Miami SW 3RD ST U S SW 6TH ST ,n SW 9TH ST SW 10TH ST SW 11TH ST S/y 0A Miles ..—..—..—..i Submitted into the publiA record fo - ite (s) Y Li on 5 111 (1 / . City Clerk City of Miami Certified Copy City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00054zc Enactment Number: 13619 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 "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-24B-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; FURTHER ACCEPTING A COVENANT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B", RESERVING NINETY-SIX (96) RESIDENTIAL UNITS AS WORKFORCE HOUSING; MAKING FINDINGS; CONTAINING A SEVERABIL1TY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 5, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-020, by a vote of three to five (3-5), item No.14, recommending APPROVAL, which failed, constituting a recommendation of denial of the Zoning Change originally requested which was to "T6-36-0" Urban Core Zone -Open; and WHEREAS, 14 Plaza Corporation ("Applicant") has voluntarily proffered a covenant, in substantially the form attached as Exhibit "B", that will reserve ninety-six (96) of the total number of residential units as workforce housing units; and WHEREAS, 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 grant this change of zoning classification 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 "T6-24-0" Urban Core Zone -Open to "T6-24B-O" Urban Core Zone -Open, for the property located at approximately 1410, 1420, 1424, and 1432 Northeast Miami Place; 1415, 1421, 1425, 1433, and 1445 Northeast Miami Court; and 47, 55, and 67 Northeast 14th Street, Miami, Florida, as described in Exhibit "A", attached and incorporated. Section 3. The Applicant shall record the restrictive covenant, in substantially the form attached as Exhibit "B", within thirty (30) days of the effective date of this ordinance and provide copy of said recordation to the City of Miami Planning and Zoning Department and the City Attorney's Office. City of Miami Page / of 4 13619 Submitted into the publirec� on offoi ��i����� 5 City Clerk File Number: 14-00054zc Enactment Number: 13619 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes. {1} Date: MAY 22, 2014 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER SARNOFF Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND HARDEMON ABSENT: 1 - COMMISSIONER(S) CAROLLO Action: DEFERRED Date: JULY 10, 2014 Mover: COMMISSIONER CAROLLO Seconder: COMMISSIONER SARNOFF Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND HARDEMON ABSENT: 1 - COMMISSIONER(S) SUAREZ Action: DEFERRED Date: SEPTEMBER 29, 2014 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER CAROLLO Vote: AYES: 4 - COMMISSIONER(S) SARNOFF, CAROLLO, SUAREZ AND HARDEMON ABSENT: 1 - COMMISSIONER(S) GORT Action: DEFERRED Date: NOVEMBER 20, 2014 Mover: VICE CHAIR HARDEMON Seconder: COMMISSIONER SARNOFF Vote: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND HARDEMON ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ Action: DEFERRED Date: JANUARY 22. 2015 Mover: COMMISSIONER SARNOFF Seconder: VICE CHAIR HARDEMON Vote: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND HARDEMON ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ Action: DEFERRED City of Miami Page 2 of 4 13619 Submitted into the publ' record fo jite s Vti on 5 /1 7� City Clerk File Number: 14-00054zc Enactment Number: 13619 Date: MARCH 26, 2015 Mover: COMMISSIONER SARNOFF Seconder: COMMISSIONER SUAREZ Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND SUAREZ ABSENT: 1 - COMMISSIONER(S) HARDEMON Action: DEFERRED Date: JUNE 25, 2015 Mover: VICE CHAIR HARDEMON Seconder: COMMISSIONER SARNOFF Vote: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND HARDEMON ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ Action: DEFERRED Date: SEPTEMBER 24, 2015 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER CAROLLO Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND HARDEMON Action: DEFERRED Date: DECEMBER 10, 2015 Mover: COMMISSIONER CAROLLO Seconder: COMMISSIONER SUAREZ Vote: AYES: 4 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO AND SUAREZ ABSENT: 1 - COMMISSIONER(S) HARDEMON Action: DEFERRED Date: MARCH 24, 2016 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER GORT Vote: AYES: 5 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON Action: INDEFINITELY DEFERRED Date: JULY 14, 2016 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER CAROLLO Vote: AYES: 5 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON Action: PASSED ON FIRST READING WITH MODIFICATIONS Date: JULY 29, 2016 City of Miami Page 3 of 13619 Submitted into the public record , iteps) pL.1 on I ll jj City Clerk File Number: 14-00054rc Enactment Number: 13619 Date: JULY 29, 2016 Mover: VICE CHAIR RUSSELL Seconder: COMMISSIONER CAROLLO Vote: AYES: 5 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON Action: ADOPTED WITH MODIFICATIONS Date: AUGUST 8, 2016 Action: 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. 13619, with attachments, passed by the City Commission on 7/29/2016. August 25, 2016 city Clerk, Deputy Clerk (for Todd B. Hannon, Date Certified City Clerk) {1} 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'!inu,i Page .1 of 4 13619 Submitted into the public record foil- itein'(s) on /it l 1 1 . City Clerk City of Miami Master Report Enactment Number: 13619 Submitted into the public record for itejin(s) Q %, 0 on 5 /II /)7 City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00054zc Version: 5 File Type: Ordinance Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: Rezoning - 1410-32 NE Mia Pl/1415-45 NE Mia Ct/47-55-67 Introduced: 1/21/2014 NE 14 St Requester: Cost: Final Action: 7/29/2016 Title: 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 "T6-24-0" URBAN CORE ZONE -OPEN TO "T6-24B-O" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; FURTHER ACCEPTING A COVENANT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B", RESERVING NINETY-SIX (96) RESIDENTIAL UNITS AS WORKFORCE HOUSING; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 14-00054zc PZAB 03-05-14 Supporting Docs.pdf,14-00054zc 05-22-14 FR Fact Sheet.pdf,14-00054zc 05-22-14 FR Analysis, Maps, Concurrency, Application.pdf,14-00054zc 05-22-14 Legislation (v.2).pdf,14-00054ze 07-10-14 FR Fact Sheet.pdf,14-00054ze 09-29-14 FR Fact Sheet.pdf,14-00054zc 11-20-14 FR Fact Sheet.pdf,14-00054zc 01-22-15 FR Fact Sheet.pdf,14-00054zc 03-26-15 CC FR Fact Sheet.pdf,14-00054zc 06-25-15 CC FR Fact Sheet.pdf,14-00054zc 12-10-15 CC FR Fact Sheet.pdf,14-00054zc 03-24-16 CC FR Fact Sheet.pdf,14-00054zc 07-14-16 CC FR Fact Sheet.pdf,14-00054zc Legislation (v3).pdf,14-00054zc 07-29-16 CC SR Fact Sheet.pdf,14-00054zc Analysis, Maps & PZAB Reso.pdf,14-00054zc Application & Supporting Documents.pdf,14-00054zc Legislation (v4).pdf, I4-00054zc Exhibit.pdf,14-00054zc Exhibit B - SUB.pdf,14-00054zc-Submittal-Iris Escarra-Housing Income Limits Chart.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Planning, Zoning and 3/5/2014 Recommended Appeals Board Approval with Conditions 2 Office of the City 5/21/2014 Reviewed and Attorney Approved 2 City Commission 5/22/2014 DEFERRED 2 City Commission 7/10/2014 DEFERRED Fail Pass Pass City of Miami Page 1 Printed on 8/25/2016 Submitted into the public record for ite (s) P Z► on 5/1 j (7 City Clerk cY OpNm " si :1 eI\• Lt�1, 11011 .� City of Miami Master Report Enactment Number: 13619 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 3 3 3 3 3 3 3 3 3 Office of the City Attorney City Commission City Commission City Commission City Commission City Commission City Commission City Commission City Commission 4 City Commission 4 5 5 5 5 Office of the City Attorney City Commission Office of the Mayor 9/26/2014 Reviewed and Approved 9/29/2014 DEFERRED 11/20/2014 DEFERRED 1/22/2015 DEFERRED 3/26/2015 DEFERRED 6/25/2015 DEFERRED 9/24/2015 DEFERRED 12/10/2015 DEFERRED 3/24/2016 INDEFINITELY DEFERRED 7/14/2016 PASSED ON FIRST READING WITH MODIFICATIONS 7/20/2016 Reviewed and Approved 7/29/2016 ADOPTED WITH MODIFICATIONS 8/8/2016 Signed by the Mayor Office of the City Clerk Office of the City Clerk 8/8/2016 Office of the City Attorney Signed and Attested by City Clerk 8/15/2016 Reviewed and Approved Action Note: MODIFICATIONS MADE TO LEGISLATION AND EXHIBIT IB". Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass City of Miami Page 2 Printed on 8/25/2016 Exhibit "A" LEGAL DESCRIPTION: Submitted into the public record / J � �9 Z: on `1 City Clerk THE LAND DESCRIBED HEREON IS AS PER THE TITLE COMMITMENT PREPARE) BY FIRST AMERICAN TITLE INSURANCE COMPANY, FILE NUMBER: 1756&O287: LOT 3, RN BLOCK 17, OF ROPEfl-GRAHN1 AND CHILLINGSWORTH ADDmON TO THE CITY of MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 'A', AT PAGE S9 V OFF TIE PUBLIC REGORGES OF MIA.MI-DADE COUNTY, FIDRRIAt LOTS 5, 6, AND NORTH V. OF LOT 7 AND ALL OF LOT B IN BLOCK 17 OF ROOBINS-GRAHAM A,ND Qillll NGSWO3TH ADOLTION, ACCORDING TO THE PLAT THEREOF, AS RECORDED RI PUT BOOK'A', PAGE 49 ri Of THE PUBLIC RECORDS OF M(AMI-DADE COUNTY, FL.0RIDA LOTS 9 AND 12 LESS THE NORTH 1 FOOT OF LOT 9, BLOCK 17, OF NORTH MW41, MORE CDMMC#41Y KNOWN AS RO6LNSIRWHAM AND CiHIL1INGSWORTH ADDmON, ACCORDING TO DE RUT THEREOF • RECORDED IN PLAT BOOK A, PACE 49 fa, OF THE PSILAIC RECORDS OF MIAMI-C DE COUNTY, FWR1DA. SOUTH HALF OF LOT 7, IN BLOCK 17 OF NORTH kA 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "A" AT PAGE 49 Va, OF THE PUBLIC RE{Y)RDS OF MIAMI-0AnP COUNTY, FiDRIDLA THE LAND D6 CPi6ED HEREON TS AS PER THE TITLE 00MINTMl3NT PREPARED BY FIRST A11 UCNN TITLE INSURANCE COMPANY, FILE NUMBER: 17568-0Z88 LOT 10, ILT BLOCK 17, 06 ROIIIINS, GRAHAM AND CHILLI GSWORTH SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 'A', AT PAGE 49 V. OF THE MABUC RE'00)RDS OF MIAM1•cW3E COUNTY, FLORIDA. THE LfHD DESCRIBED FNERECN IS AS PER THE TITLE COcMMITMENT PREPARED BY FIRST AMERICAN TfRf INSURANCE NCE COMPANY, FILE NUMBER: UNIVERSAL ENTERPRISES, INC. LOT 11, BLDCJC 17, OL'•R0 A1. Am ANO CHILLINGSWORTH, ACCORDING TO THE PLAT T EREOf AS REODRDED IN PLAT BOOK "A', PAGE(S) 49 V. OF THE PUAIC RECORDS OF MIAPII-DA DE COUNTY, FLORIDA. MAP OF BOUNDARY SURVEY -- m f♦4 � s a ♦fit ri Cr:AQUA AM. MOM NAP et: Fop CAI -- +�r+a---�-,NW_ 4-- a _ - ahee Se• 31' SF"F JOP.aQy!A �....F.. I { r.f l�l w iI S • - 4 i i _ p i g .44 1 3 LEGEND f ABBREVIATIONS ISYMeO1.5: ••u K2 6C VOA AKA MOO rIT.g. 4141, - •/1 Mop 0 •..•••.•••••.•u ▪ • •10..../. O• .. ... .-r.�.� e - ▪ ▪ _ `I a +. a.. um CERTW!E] TO• HOOD) I.FOR="� P-N •A..b rw wL. pr Eau SURVEYORS TESIREPORT:refanA .a..ra.o...ona o..n ..sinaawu.o...o.n Aran. . .0•111A VI AO •ADOCAITAD w Al IIN.o.•�LhtuNeu eweswt.0 ma. V rrion.017160•00101.11r Mt TA •+nice.•AAI..•w.r..,a+wAu In. t...4.ov..r•��anr•...11.A• .en.w.auiul ..rV run IM ,,.r...,7=7'T =•. •_,ti t2iR.a..unw ... 74..+w. ear. I F.AI OFSCAIPTIW -,v..-.... ..r............. .w+...�.v.... ....d • rrre o....M walorr .•/ •turf. It .van oa+. 141. BOUNDARY SURVEY A U SOUTH PENINSULA SURVEYING. CORP . LAUD DE.•ELOFMENI CONSULTANTS avT VON, ./LANYEU CD '0 1 : •f • This instrument prepared by, and after recording return to: Name: Iris V. Escarra, Esq. Address: Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida 33131 • Submitted into the pub i I record f9r it (s) on b ( it/ /7 . City Clerk (SWIM ttservedfor C1s& of Count DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2016, by 14 Plaza Corp., a Florida profit corporation having offices at 425 N.E. 22nd Street, Suite #301, Miami, Florida 33137 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 1424 N.E. Miami Place, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner intends to build the above approved development on the Property as Mixed -Use Residential with Commercial area on the ground floor and will reserve ninety-six (96) of the total number of residential units as workforce housing units (the "Units"); and WHEREAS, Owner has applied to the City of Miami for the waiver of developmental impact fees related to the number of Units of the project pursuant to the eligibility requirements for deferral of impact fees per Section 13-8 and 13-16 of the City Code; and MIA 185387166v1 ►y-000SN�c- ExV,b',a 3 - Sob THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, • • Submitted into the public record fqr it m(s) Z ; on 3] 1 / /7 . City Clerk WHEREAS, Owner is desirous of deferring these developmental impact fees until such time as the Units no longer qualify as workforce housing units. WHEREAS, the City acknowledges that upon the closing of the Units by Owner, Owner will no longer be responsible for any monies due should the Units cease to meet the applicable criteria of the impact fee deferral program and shall be released in accordance with this covenant. NOW, THEREFORE, the Owner; during its ownership of the Units, or its successors and assigns, (the "Subsequent Unit Owner"),voluntarily covenants and agrees' that when the Unit no longer qualifies as a workforce housing unit that the development impact fees that would be normally due at the time of the issuance of this permit for this development would become due and payable to the City and the Owner, during its ownership of the Unit or the Subsequent Unit Owner, will promptly pay, within thirty (30) days, in full such fees. The Owner, during its. ownership of the Unit or .the Subsequent Unit Owner, agrees that this will be a covenant running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Workforce Housing Restriction. Owner shall reserve ninety-six (96) of the total number of residential units as workforce housing units (the "Units") described as housing priced up to 140% of the area median income as certified by the City of Miami's Department of Community and Economic Development. MIA 185387166v1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. f. Submitted into the pubi record for ite)m(s) 1110; on 6 tli City Clerk 3, Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, during its ownership of the Unit or the Subsequent Unit Owner, its successors and assigns upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, during its ownership of the Unit, or the Subsequent Unit Owner 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 presuming that the Owner or Subsequent Unit Owner is in compliance with every term and condition herein, shall be automatically extended for two (2) successive periods of ten (10) years, unless modified; amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It isunderstood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may 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 MIA 185387166v1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • • Submitted into the public record f rite �) _ ors IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of • , 2016. Witnessed by: 14 Plaza Corp,, A Florida profit corporation By: Name: Martin Ferreira de Melo Name: STATE OF FLORIDA . ) ) ss: COUNTY OF MIAMI-DADE) . The foregoing instrument was acknowledgedbefore me this day of 2016 by Martin Ferreira de Melo, of 14 Plaza Corp.- He personally appeared before me, is personally known to me or produced as identification. MIA 1853871660 Name: Notary Public, State of Florida Commission No. -My commission expires: L City Clerk THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • • • Submitted into the public record foliteyn(s) ?Z, I • on ((��77 City Clerk IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2016. CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: By: Print Name: Daniel J. Alfonso, City Manager Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of 2016 by Daniel J. Alfonso, as City Manager of the City of Miami. He personally appeared before me, is personally known to me or produced as identification. APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Name: Notary Public, State of Florida Commission No. My commission expires: Francisco Garcia, Director George Mensah, Director Planning and Zoning Department Community and Economic Development MIA 185387166v1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE ' SEEN AT THE END OF THIS DOCUMENT. • . Exhibit "A" Submitted into the publi� record fo ite s) / °n I ri City Clerk THE LAND DESCRIBED HEREON 15 AS PER THE TITLE COMMITMENT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANT, FILE'NUMER 17568-0283. LOT 3, IN BLOCK 17, OF ROBBINS-GRAHAM AND CHILLINGSWORTH ADDITION THE CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", AT PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOTS 5, 6, AND NRTH 1/2 OF LOT 7 AND ALL OF LOT 8 IN BLOCK 17 OF ROBBINS- GRAHAM AND CHILLINGSWORTH ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOTS 9 AND 12 LESS THE NORTH 1 FOOT OF LOT 9, BLOCK 17, OF NORTH MIAMI, MORE COMMONLY KNOWN AS ROBBINS-CHILLINGSWORTH ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "A", PAGE 49 1/2, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA: SOUTH HALF OF LOT 7, IN BLOCK.17 OF NORTH MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "A" AT PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. • LOT 4, BLOCK 17, OF ROBBINS, GRAHAM AND CHILLINGWORTHS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MIA 185387166v1 'THIS DOCUMENT IS A SUBSTITUTION TO; . ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. This i ent prepared by, and after recording return to: Name: Iris V. Escarra, Esq. Address: Greenberg Traurig, P.A. 333 SE 2°a Avenue iami, Florida 33131 Submitted into the publi, record for itet i(s) on 6/ �f �l�% C--�tyClerk SUBSTITUTED tcryn-rtrmervrd for rent orrn� nt TION OF RESTRICTIVE COVENANTS THIS DECLARATI • • . OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of 2016, by 14 Plaza Corp., a Florida profit corporation having offices at 425 N.E. 22nd Street, Suite ' 01, Miami, Florida 33137 (the "Owner"), in favor of the City of Miami, Florida, a municipality of State of Florida (the "City"). WITN : SETH: WHEREAS, Owner holds fee -simple titl .o certain property in the City of Miami, Florida, located at 1424 N.E. Miami Place, legally des 'bed in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner intends to develop the Property a ixed-Use Residential building with 710 Units with Commercial area on the ground floor with a. oximately 282,000 Square Feet of bonus pursuant to Zoning Ordinance 13114, as amended of th- ity of Miami ("Miami 21") Section 3.14 Public Benefits Program; and WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in cordance with Miami 21 Section 3.14.4 (a)(1)1 with the the reservation of .ninety-six (96) of the to:: • number of residential units equaling approximately one hundred and forty-one thousand square ' et as Affordable/workforce housing on site of the development. For each square foot of affordable/workforce hbusing (including pertaining space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. Submitted into the public record for iten (s) ti on 6/ �--. City Clerk • SUBSTITUTED wo . orce housing units, as defined in City Code Section 13-52 (the "Units for workforce housin:'�.. well•as, through Public Plaza dedication and improvements in accordance with Miami 21 tion 3.14.4 (b)(1)(i) and (ii) ; and Owner es that this will be a covenant running with the land and binding upon the Owner of the Prope .. its successors in interest and assigns, as follows: 1. Recitals. +. he recitals and findings set forth in the preamble of this Declaration are hereby adopted by ref ' nce thereto and incorporated herein as if fully set forth in this Section. 2. Public Benefit Pro t • +4: Workforce Housin Restriction. Owner has agreed to satisfy the Public Benefits Bonus in ac• , dance with Miami 21 Section 3.14.4 (a)(1.) with the reservation of ninety-six (96) of the total nu `per of residential units equaling approximately one hundred and forty-one thousand square feet (14 ,'00 SF) as workforce housing units as defined in City Code Section 13-5 (the "Units for workforc ousing"). Furthermore, Owner shall not sell, lease, or otherwise convey any interest in the Units any consideration in excess of 140% of the area median income as determined by the Departm t of Community and Economic Development. 3. Public Benefit Pro • ram: Plaza Dedication and Im aro • ents. Owner has also agreed to provide as an alternative satisfaction of the Public Benefit P am, a plaza on the Property and abutting the School Board Metro mover Stop, including th• . land and plaza improvements as part of the redevelopment of the Property. 2 Workforce housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value, o •.onlhly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is . 80 percent to 140 percent of area median income as determined by the department of community and economic development in relation to the affordable housing and workforce housing impact fee deferral program provided for in this article. 7 Submitted into the public record 11 ite i s) -- a City Clerk SUBSTITUTED Effective Date. This instrument shall constitute a covenant running with the title to the •erty and be binding upon Owner, its successors and assigns upon recordation in the Public Rec.' •s of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation :...n, all present and future owners of the Property and for the public welfare. 5. Term 'r f Covena t. This voluntary covenant on the part of the Owner shall remain in full force and ;:s ect and shall be binding upon the Owner, its successors in interest and assigns for an initial period :;• thirty (30) years from the date this instrument is recorded in the public records, and shall be a:..matically extended for periods of ten (10) years, unless modified, amended or released pr to the expiration thereof. However, use restrictions regarding work force housing, any such restrictions shall not exceed those twenty (20) years, in accordance with Florida Statute 420. 6. Inspection and Enforcement. It understood and agreed that any official inspector of the City of Miami may have the right at y time during normal working hours to enter upon the Property for the purpose of investigate the use of the Property, and for determining whether the conditions of this Declaration an the requirements of the City's building and zoning regulations are being complied with. An a -,.n to enforce the terms and conditions of this Declaration may be brought by the City and may by action at law or in equity against any party or person violating or attempting to violate a . covenants of this Declaration or provisions of the building and zoning regulations, either to re , in violations or to recover damages. This enforcement provision shall be in addition to any o'' r remedies available under the law. Submitted into the public record for itei SUBSTITUTED Amendment and Modification. This instrument may be modified, amended, or releasas to any portion or all of the Property only after occurrence of either (1) satisfaction by other me: permitted by Section 3.14 of Miami 21, including but not limited to payment into the City of mi Affordable/Workforce Housing Trust Fund of $2,851,000 (282,000 SF x $10.11) as satisfac n of the Public Benefit Program or (2) a public hearing before the Planning Zoning and Appe• .. Board and the City Commission. Any amendment or modification approved by City Commission shall be executed by the City Manager, his successor, or designee, and be i form acceptable to the City Attorney. 8. Severability. Invali on of any one of these covenants by judgment of Court shall not affect any of the other provisi• • of this Declaration,which shall remain in full force and effect. 9. Recording. This Declaration shal filed of record among the Public Records of • Miami -Dade County, Florida, at the cost of the Own. The Owner shall furnish a copy of the recorded Declaration to the City Department of Heari Boards within thirty (30) days of J recordation. SIGNATURE PAGES TO FOLLO City Clerk Submitted into the public record �oiI� r�('� P�' 1 on l /, City Clerk SUBSTITUTED IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 2016. Witnessed by: 14 Plaza Corp., A Florida profit corporation By: Name: Martin Ferreira de Melo Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAM1-DADE ) The foregoing instrument was acknowledg 2016 by Martin Ferreira de Melo, of 14 Plaza C personally known to me or produced as ide Name: Notary Public, Sta of Florida Commission No. My commission expir before me this day of He personally appeared before me, is 'fication. Si 0-.mitted into the pub4 i-ccord foniten (s) V7 i ) , t 511 /17 . City Clerk SUBSTITUTED OVED AS TO LEGAL FO ND CORRECTNESS: Victoria Men. z City Attorney APPROVED AS T CONTENTS: Francisco Garcia, Directo Planning and Zoning Depa •ent THE L BY FIRS Submitted into the public record fqr ite t(s) (1, I SUBSTITUTED • Exhibit "A" DESCRIBED HEREON 15.AS PER THE TITLE COMMITMENT PREPARED MERICAN TITLE INSURANCE COMPANT, FILE NUMER 17568-0283. LOT 3, IN B THE CITY OF • BOOK "A", AT. FLORIDA. CK 17, OF ROBBINS-GRAHAM AND CHILLMGSWORTH ADDITION I, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT GE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, LOTS 5, 6, AND NRT 2 OF LOT 7 AND ALL OF LOT 8 IN BLOCK 17 OF ROBBINS- GRAHAM AND CHILL'" . GSWORTH ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORD IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DAD OUNTY, FLORIDA. LOTS 9 AND 12 LESS THE NO1 FOOT OF LOT 9, BLOCK 17, OF NORTH MIAMI, MORE COMMONLY KNO AS ROBBINS-CHILLMGSWORTH ADDITION, ACCORDING TO THE PLAT THE' ' RECORDED IN PLAT BOOK "A", PAGE 49 1/2, OF THE PUBLIC RECORDS OF MIAM ' ADE COUNTY, FLORIDA. SOUTH HALF OF LOT 7, IN BLOCK 17 0 THEREOF RECORDED IN PLAT BOOK "A" OF MIAMI-DADE COUNTY, FLORIDA. ORTH MIAMI, ACCORDING TO THE PLAT PAGE 49 1/2 OF THE PUBLIC RECORDS LOT 4, BLOCK 17, OF ROBBINS, GRAHAM A ► CHILLINGWORTHS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECO' . D IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MJAM1-DADE CO TY, FLORIDA. This instrument prepared by, and after recording return to: Name: Iris V. Escarra, Esq. Address: Greenberg Traurig, 1'.A. 333 SE 2nd Avenue Miami, Florida 33131 5tthmittedppinto the publicc� record P �5 ' 1 on City Clerk DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of 2017, by Art Plaza LLC, a foreign limited liability corporation having offices at 425 N.E. 22"d Street, Suite #301, Miami, Florida 33137 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, 58 NE 14 Street, Miami, Florida 33132, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner intends to develop the Property as a mixed -use residential building with 655 residential units and 14,599 square feet of commercial area on the ground floor pursuant to Zoning Ordinance 13114, as amended, of the City of Miami ("Miami 21") Section 3.14 Public Benefits Program; and MIA 185845161v4 Submitted into the public record fqr ite (s P-z, on 5J 11, 17 . City Clerk Art Plaza Public Benefits Covenant WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in accordance with Miami 21 Section 3.14.4 (a)(1)1 with the reservation of at least fourteen percent (14%) of the total number of residential units equaling approximately 91 as workforce housing units, as defined in City Code Section 13-52 (the "Units for Workforce Housing"); and Owner agrees that this will be a covenant running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows: 1. Recitals. The recitals and findings sel forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Public Benefit Program: Workforce housing Restriction. Owner has agreed to satisfy the Public Benefits Bonus in accordance with Miami 21 Section 3.14.4 (a)(1) with the reservation of the Units for Workforce Housing. The Units for Workforce Housing shall contain design finishes consist with the standard market rate units. Furthermore, Owner shall not sell, lease, or otherwise convey any interest in the Units for Workforce Housing for any consideration in excess of 140% of the area median income as determined by the Department of Community and Economic Development. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the Affordable/workforce housing on site of the development. For each square root of affordable/workforce housing (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus Height and FIR as described in Section 3.14.1. 2 Workforce housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 80 percent to 140 percent of area median income as determined by the City's Department of Community and Economic Development in relation to the affordable housing and workforce housing impact fee deferral program provided for in this article. 2 MIA 185845161v4 • • • • • • • • >ubrnitted into the public yy record foj ite%i(s) Pi, on 5l I I / 1 e City Clerk Art Plaza Public Benefits Covenant Public Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, 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 periods of ten (10) years, unless modified, amended or released prior to the expiration thereof • 5. Applicable Law. The restrictions within this Declaration on the part of the Owner are being made under the applicable laws of the City at the time of the Effective Date. However, if the applicable laws are modified in a manner that would be more favorable to the • Owner, then this Declaration shall be interpreted under the more favorable laws at such time. 6. Inspection and l nfbrcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of • the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City and may 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. • MIA 185845161v4 Submitted into the publi record foy ite (s) on 5/ 117 i . City Cleric Art Plaza Public Benefits Covenant 7. Amendment and Modification. This instrument may be modified, amended, or released as to any portion or all of the Property only after occurrence of either (1) satisfaction by other means permitted by Section 3.14.of Miami 21, including but not limited to payment into the City of Miami Affordable/Workforce Housing Trust Fund as satisfaction of the Public Benefit Program; or (2) a public hearing before the Planning Zoning and Appeals Board and the City Commission. Any amendment or modification approved by the City Commission shall be executed by the City Manager, his successor, or designee, and be in a form acceptable to the City Attorney. 8. Seveiabi!iivr. 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. 9. Records- . This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. No Vested Rights. Nothing in this covenant shall be construed to create any vested rights whatsoever for the Owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW 4 MIA 185845161v4 • • • • Submitted into the publi record fo itern(s) VZ ' on i / i 1 City Clerk Art Plaza Public Benefits Covenant IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2017, Witnessed by: Art Plaza LLC, A foreign limited liability corporation • By: • Name: Martin Ferreira de Melo Name: STATE OF FLORIDA ) • ) ss: COUNTY OF MIAMI-DADE ) • • • The foregoing instrument was acknowledged before me this day of 2017 by Martin Ferreira de Melo, of Art Plaza, LLC. He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: • 5 MIA 185845161v4 Art Plaza Public Benefits Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department 6 MIA 185845161v4 Submitted into the public • record for ite (s) ti on 5/ I I / . City Clerk • • • • • • • • Art Plaza Public Benefits Covenant Exhibit "A" Submitted into the public record fo (S)G City -7 on � � Clerk LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 1, OF CORRECTED PLAT OF BLOCK ONE, BALDWIN OXAR & OXAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. • Folio Nos.: • • • • • 01-3136-009-0060 01-3136-009-0050 01-3136-009-0040 01-3136-009-0010 01-3136-009-0020 01-3136-009-0030 • 7 MIA 185845161v4