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HomeMy WebLinkAboutSubmittal-Melissa Tapanes-Llahues-PowerPoint Presentation Second ReadingSubmitted into the public record for item(s) 3188 on 07/26/2018. - City Clerk REZONING:1392 NW 36 STREET, 1385 NW 35 STREET & 1373 NW 35 STREET Allapattah Ventures, LLC BERC©W RADELL FERNANDEZ & LARKIN C7NINC�, I_.AN4) k_1S.E ANSI F NVIRQNMEAI=. S,AW 3188-Submittal-Melissa Tapanes-Llahues-PowerPoint Presentation Second Reading Property: 1.34 Acres 3 Rezoning: Proposal Existing Zoning: T5-1_ (Urban Center Limited) M I AMI 21 (EXISTING) FILE ID: 2 94 REZONE r1 C ' , Air !',75b!Ss!rem !S= a Oka Fiuii Propped Zoning: T6-8- (Urban Core Open) MIAMI 21 (PROPOSED FILE Id_ 694 REZONE Ma Run igaRlmarA sis Pa* uaw miz 4w rr, AICiV54Gr Revised Covenant This instrument was prepared by and after recordation return to: Melissa Tapanes Ib n,yg, Esq. Bercow Radell Fernandez & Larkin, PLLC 200 S. Biscayne Boulevard, Suite 850 Miami, Florida 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenants (the "Declaration") made this day of , 2018, by Ipt Ventures, LLC (hereinafter referred to as the "Owner'), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within Miami -Dade County in the State of Florida (hereinafter referred to as the "City). WHEREAS, the undersigned Owner holds fee simple title to certain real property located at 1392 NW 36 Street, 1385 NW 35 Street and 1373 NW 35 Street in Miami, Florida, which are identiled by Miami -Dade Tax Folio Nos. 01-3126-039-2860, 01-3126- 039-2875, 01-3126-039-2850 and legally described as follows: LOT 19. 8LOCK 15, OF AI ADEI> PLAT t1F WFSTEND PARK, ACCORD:1A' TO THE PLAT D1EREOE, AS Rrcoieoto Lv PIAI 00DR 6. PACE 142, OF THE Piave Arco DS OF maw -.attic cOVW) FtORrtk LOTS 14 MO 20,, LESS 111E NORTH 10 an' or LOT 20, $LOCK 15, OF AMENDED PLAT Or I$ 51EN0 PARR, ACCORDING TO DIE PLAT THEREOF, AS RECORDED MN PLAT BOOK 6 RAGE T42, LESS 11i4T PORMKIN OF LOE 14 CONI'E'Yf0 TO THE CXTY 0r FtW y1' I5IR,6WIY DEED RECORDED .,HftY 9. 1957 W OFICIAL RECORDS BOOK .114, PAGE T 12, ALL OF THE PUS REC0F{05 OF WAA6-L14DE CO NAY FLa+R5.4. LOPS Is. 16 .APO i7, BLWr 15, Of ALiEL/DELI PLAT OF WESTEND PARK, ACCORDNNC TO THE Pu4T TMEREOF. AS RECORDED a PLAT }IO0K 6, PAGE TIT,- LESS MAT Pc9rrpry DE for +5 CONv£1'ED FO Off CITY OF MINX 0 WAA'R4' T#' DEED RECORDED ,IDLY 9, 195,1 Ay QFFMCIIL RECORDS BOOK .129, PACE r12, ALL OF DIE PUBLK' RECORDS OF 1,11A01-0ADE GOUN'TY, FLDRMRd Hereinafter referred to as the "Property-" Declaration of Restrictive Covenant Page 2of8 WITNESSETH WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. passed and adopted on , which Ordinance is deemed as being incorporated by reference herein for the Property; and WHEREAS, the Owner is desirous of making a voluntary and informed binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owner of the Property, and their heirs, successors and assigns as follows: Section 1. 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. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: A. The Property is intended to be developed as a phased project together with the parcels under common ownership and identified by Miami -Dade Tax Folio Nos- 01-3126-039-2870; 01-3126-039-2880; and 01-3126-039-2890 (together with the Property, the "Project`). B. Primary vehicular access to the Project shall not be provided along NW 35th Street so long as the properties to the south are zoned T-3 or below, with S e c t i o n-Town s h i p-Ra r ag e: 53-41-26 Folio Nos: 01-3126-039-2360, 01-3126-039-2573, 01-3126- 039-2350 Revised Covenant (changes in blue) Declaration of Restrictive Covenant Page 3 of a the exception that parking for the townhouses may be provided along NW 35,h Street. C. The Property shall incorporate townhouses along the NW 350 Street frontage in order to buffer the residential neighborhood to the south of the Property. D. The Project shall be developed as either an "Affordable Housing Development' or an "Attainable Mixed -Income Housing Development', as such terms are defined in Miami 21 and satisfying the certification requirements set forth in Section 3.15..1 and 3.15.2, respectively. of Miami 21. In the event an "Affordable Housing Development' or "Attainable Mixed - Income Housing Developmn#" is not developed on the Property, the Property shall be developed according to the T5 zoning transect regulations. E. However, notwithstanding Subparagraph ❑ above, in the event that between June 1, 2017 and December 31, 2022, the Owner, sucacessor(s), or assigns (including contract purchasers) submit at least five (5) Low Income Housing Tax Credit ("LIHTC"), State Apartment Incentive Loan ("SAIL") and/or tax exempt bond financing applications to Florida Housing Finance Corporation ("FHFC") for the Project, and the applications do not result in a financing allocation by FHFC, the Property may be developed according to the T6-8-O transect regulations so long as Three Thousand Five Hundred Dollars ($3,500) per net incremental unit developed by virtue Section -Township -Range 53-41-26 Folio Nos.: 01-3126-039-2660, 01-3126-039-2815, 01-3125- 039-2350 Declaration of Restrictive Covenant Page 4ofa of the T6-8-O rezoning is contributed to the City of Miami's Affordable Housing Trust Fund_ Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property that shall be binding upon Owner, its heirs, successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. Term. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner of the 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. Section 5. Applicable Law & Venue: Attorney's Fees. Florida law will apply to interpretation of this Declaration. Venue in any civil actions arising under this Declaration shall be in Miami -Dade County, Florida. Each party shalt/ bear their own attorney's fees and costs_ Section 6. Amendment and Modification. This instrument may be modified. amended, or released as to any portion of the Property by a written instrument executed by the then Owners) of the fee -simple title to the land to be affected by such modification. amendment or release, providing that same has been approved by the City of Miami Planning, zoning and Appeals Board after a public hearing which public hearing shall be Section-Township-Range:53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2815, 01-3126- 039-2850 6 Revised Covenant Declaration of Restrictive Covenant Page 5of8 applied for at the sole cost and expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Such written instruments shall be in a form acceptable to the City Attorney. Section 7. inspection and Enforcement. It is understood and agreed :hat -rr off c a_ inspector of the City of Miarni may have the right at any time during normal working hours to enter upon the Property far the purpose of detemnining whether the conditions of this Declaration are being complied with_ Alter notice and an opportunity to cure, an enforcement action may be brought by the City by action in 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. Section 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full force and effect. Section 9. Recording. This Declaration shall be promptly filed and recorded by the Owner in the Public Records of Miami -Dade County, Florida at the sole cost of the Owner, within ten (10) days of its acceptance and execution. The City of Miami Planning and Zoning Director shall be furnished a recorded copy by the Owner within thirty (30) days of this Declaration being recorded_ Section-Tonship-Range: 53-41-26 Folio Nos.: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 03'9-2850 Declaration of Restrictive Covenant Page 6of8 [Signature Pages to Follow] Section -Township -Range: 53 - 41-26 Folio NOS: 01-3126-039-2860, 01-3126-039-2875, 01-3126- 039-2850 7 Property Down -Zoned by Miami 21 in 2010 Ordinance 11000 - C-2 Liberal Commercial • Permitted Height: 120 Feet without any bonuses • 150 Density Units Per Acre General Commercial = T6 (8-48) Correspondenc€, Takla —Laving and Comprehensive Plan T c r sat Miami 21 Transact Fong October 2IX 9 MCNP Future Land USE' Dwelling limits PiEr Ave Max. T", 14 . SU9.LJRELtN SINGLE -FAY _'•' RE$1DE iTLA1 9 dvieu DUPLEU b 1UENIIPL 1Sclu._ T•• F. GENE L URFIAN _OW DENSITY HULTIFAIILY RESIDENTIAL 3ddu:r T4 E °' _0011:ENSITY RES: FIN? IED COMMET IAL T5 URBAN CENTER ti1_DIUM DENSITY MULT1FAMLY RESIDENTIAL T5 L.O 11EDIUM EHSFFY RESTRICTED COMMERCIAL .1' R URE CORE HIGH DIM'ITv hI..LTIF:AMILY RESIDENTIAL T -48I L, 0 RESTRICTED COMMERCIAL GETS COMERCIcL Eri WCF14( PLACE LIGHT INDUSTRI i du '°` D2 INDUSTRPL INDUSTRIA _ 11117t ri MA19r& INDUSTRIA_ NO. Ti.-. URBAN CORE CEVTRAL BUSINESS DIST K T 1c)OCn cu. ac 1.:1I : ')ST11 - 70 ;. MAJOR i1S ''TU1 IUNNL. PUEUC FA IL - 6_- . TR+ANSPCIRTATION, AND UTILITIES 150 c5'ac 124-1 El CIVIC INSTITAITKIN- HEALTH DISTRICT WEIR INSITTUTIONPL PUBLIC FACT_ - _ 150 EL,: TRANSPOITABON, AND UT1LITIEE �a CIVIC SPACEPARKS KBLEC PARKS M1 0'I RECREATs WA. CCNOIERCL.1 REc1~.EATIDN WA n ' SIATUR„ L CONSER'rAT1011 WA a CcfnprQhens►re NeighI ,tv od Plan` Goals ObjEtilks Policies. 01nd<•er2 I1S Aerial: SEC NW 36 St and NW 14Ave 10 Property Context 1 1 Existing Conditions NW 14t1 Avenue g „eh, t W fir - OPItir PIP! -;211111011" 411 !Ill ii111 gli1110111111111111111100110111 Existing Conditions NW 35t1 Street 13 Existing Condition — Corner NW l4th Avenue and NW 36th Street 14 Proposed Project • Implements General Commercial Land Use • Affordable Housing • Transit Oriented Development 15 Covenant • Townhouses along NW 35th Street • No vehicular access along NW 35th Street, except parking for the townhouses • Commitment to build "Affordable Housing Development" or an "Attainable Mixed -Income Housing Development" • Contribution to City's Affordable Housing Trust Fund if Affordable Housing is not feasible 16 Reduction in Daily Trips TABLE 1 Trip Generation Summary (Allowed Existing Uses) Integra Allapattah Land Use Size Daily Trips AM Peak Hour PM Peak Hour Total Trips Inbound Outbound Total Trips Inbound Outbound MechaniclTire Store Auto Sales (841 ) 46,053 1,488 88 66 22 121 67 54 External Trips 1,488 88 66 22 121 67 54 Source: 1TE Trip Generation Manual (9th Edition) TABLE 2 Trip Generation Summary (Proposed Use) Integra Allapattah Land Use Size Daily Trips AM Peak Hour PM Peak Hour Total Trips Inbound Outbound Total Trips Inbound Outbound Senior Housing (252) 300 1,032 60 20 40 75 19 56 External Trips 1,032 60 20 40 75 19 56 Source: !TE Trip Generation Manual (9th Edition) Difference in Trips -456 -28 -46 18 -46 -48 2 Tral Tech ENGINEERING, INC. 17 Miami 21 - Goals Section 2.1.2.a.2 —Miami 21 [Improve] the relationship between low density residential neighborhoods and adjacent commercial corridors with appropriate transitions of density and height following the theory of the transect. Section 2.1.2.b.1 —Miami 21 Maintaining the future growth capacity of the City core to ensure its preeminence as the transit -oriented, pedestrian -friendly focus for the region's economic, civic and cultural activities Pedestrianism and Transit • 1,104 Feet from Allapattah MetroRail Station • 1/2 Mile from the Allapattah Branch Library • 1 Mile from Miami's Health District (2 Stops via Metro) • 4 Miles from Miami International Airport — the County's largest employer (2 Stops via Metro) 19 Miami's Comprehensive Neighborhood Plan 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. Miami's Comprehensive Neighborhood Plan Objective HO-1.1: Provide and/or encourage a local regulatory, investment, and neighborhood environment that will assist the private sector in increasing the stock of affordable housing for all income levels, including extremely low-, very low-, low-, and moderate -income (in accordance with the current standards and regulations of HUD and the State of Florida), within the City by at least 10 percent by 2010. Miami's Comprehensive Neighborhood Plan Policy HO-1.1.3: The City will continue to develop comprehensive neighborhood redevelopment plans and programs that encourage private developers to build new, or rehabilitate old, residential structures and ensure that public investments are coordinated with private sector developments to increase the overall attractiveness of redeveloping neighborhoods. Miami's Comprehensive Neighborhood Plan Policy HO-1.1.9: The City's land development regulations will encourage high - density residential development and redevelopment in close proximity to Metrorail and Metromover stations. (See Land Use Policy LU-1.1.10 and Transportation Policy TR-1.5.2.) 23 1392 NW 36 STREET, 1385 NW 35 STREET AND 1373 NW 35 STREET Allapattah Ventures, LLC BcRCOW RADELL FE-RNAN C)EZ LARKIN 20M1I%O, LAMP LJ Ems. FOND k NVIERaNNIE t•JTAL LAW 25 Effect of Rezoning Only 3 additional uses: 1. Auto -Related Commercial Establishment by Warrant 2. Entertainment Establishment by Right 3. Regional Activity Complex by Exception MIAMI 21 ARTICLE 4. TABLE 3 BUILDING FUNCTION: USES AS ADOPTED - MAY 2017 DENSITY (UNITS PER ACRE) RESIDENTIAL 73 SUB -URBAN R L C 9 16 SINGLE FAMILY RESIDENCE COMMUNITY RESIDENCE ANCILLARY UNIT R R R R R TWO FAMILY RESIDENCE MULTI FAMILY HOUSING DORMITORY HOME OFFICE R LIVE -WORK WORK - LIVE LCoc1N1 BED 1 BREAKFAST NN HOTEL OFFICE OFFICE COMMERCIAL AUTO -RELATED COMMERCIAL ESTAS. ENTERTAINMENT ESTABLISHMENT ENTERTAINMENT ESTAB.-ADULT FOODSERVICE ESTABLISHMENT ALCOHOL BEVERAGE SERVICE ESTAB. GENERAL COMMERCIAL MARINE RELATED COMMERCIAL MAR. OPEN AIR RETAIL PLACE OFASSEMSLY RECREATIONAL ESTABLISHMENT CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY 74 URBAN GENERAL R L 0 16 16 36 R R R R R R R R R R R R R R E E R R R R W R R R R R R R R E E R R -EMI ® ©m RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILDIES W w W MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES EDUCATIONAL CHILDCARE COLLEGEI UNIVERSITY ELEMENTARY SCHOOL E E E LEARNING CENTER MIDDLEi HIGH SCHOOL PRE-SCHOOL RESEARCH FACILITY SPECIAL TRAINING 1 VOCATIONAL INDUSTRIAL AUTO -RELATED INDUSTRIAL ESTBL, E E E E E E MANUFACTURING AND PROCESSING MARINE RELATED INDUSTRIAL E5TBL. PRODUCTS AND SERVICES STORAGE/ DISTRIBUTION FACILITY R Allowed By Right WAllovied By Warrant: AdministratIse Process -CRC j0oordfnated Review CommlUeej E Allowed By Exception Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) Boxes with no designation signify, Use proh1hiied, W W w w W w W w w w W E W W E E E E E E E E E E E R R E 75 T6 UREA CENT R URBAN CORE R 55 65 O 65 R R R R R R R R R R R R R R R R R R R R R R E R W W R R W R R 4V w w CIVIC C5 CI CI -HD A2" 9h• R R R R R R R R R R R R R R R R E R R R R R R R R R E R R R E R R R R R R R R E R W W R R W R R W E R E E E W R R E E R W W E 4V W W E R E R R E E R R E R W W W E W E R R W E W E R R W E R E E E W W E E_ W W W W E W E R E W W R E E W W E R E R E 4V W E R W W W E E R W W E R E W W E R R R E E R E W W E R E R R E R R R E R W W E R g DISTRICTS D1 D2 D3 36 IVA NIA R R R W R R R 15 R R W E E R W R R R W R W R W R R R W R w R W R W E E R R R W W W R W R W R W R R W R R W R R R W R w be iurtharmodified by Sup IemenMl Regulations, Stale Regulations, or other penvishns of this Code. See City Code Chapter 4 forregula ons related to Alcohol Beverage Service Estate. Addltio al densities in some TB tan sale illustrate' in Diagram 9. "AZ: Density of IrnWstAhutting Zone fV.B 26 T6-8-O abutting T3 T6 Abutting T3 L Project 1 _ 1 27 Compatible with the MCNP Goal LU-1: Maintain a land use pa that (1) protects and enhances the quality of life in the City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) Promote and fadlitate economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. Objective LU-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revihdization of blighted, declining or threatened residential, co-mmercial and industrial areas through a variety of public, private, and public -private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. Objective HO-1.1: Provide and/or encourage a local regulatory, investment, and neighborhood environment that will assist the private sector in increasing the stock of affordable housing for all income levels, including extremely low-, very low-, low-, and moderate -income (in accordance with the current standards and regulations of HUD and the State of Florida), within the City by at least 10 percent by 2010. Policy HO-1.1.3: The City will continue to develop comprehensive neighborhood redevelopment plans and programs that encourage private developers to build new, or rehabilitate old, residential structures and ensure that public investments are coordinated with private sector- developments to increase the overall attractiveness of redeveloping neighborhoods. Policy HO-1.1.9: The City's land development regulations will encourage high -density residential development and redevelopment in dose proximity to Metrorail and Metromover stations. (See Land Use Policy LU-1.1.10 and Transportation Policy TR-1.5.2.) Objective TR-1.8: The City shall regularly coordinate the transportation system and the information provided in the Transportation Element with the goals, objectives and policies of the Land Use element, including coordination with the land use, map, population densities, housing, employment patterns, projected development and redevelopment urbaninfil, and other similar characteristics of land use that have an impact on transportation. 28 Section 7.1.2.8 —Miami 21 7.1.2.8 Amendment to Miami 21 Code a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale.