HomeMy WebLinkAboutExhibit CCity of Miami
Legislation
Ordinance
Enactment Number:13758
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 3408
Final Action Date: 3/22/2018
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.
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
City of Miami File ID: 3408 (Revision: B) Printed On: 5/31/2019
£k/1/5/T "C"
C
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 30t' 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
in the neighborhood, including but not limited to Spanish Mission and Mediterranean Revival;
Applicant will also, in lieu of providing ten (10) multi -family residential dwelling units as
affordable housing as part of future development of the subject Properties, contribute
$1,000,000 for neighborhood improvements to a neighborhood revitalization organization or
community revitalization trust serving District 5 with $500,000 payable within sixty (60) days of
the effective date of the Covenant, $250,000 upon issuance of a building permit, and $250,000
upon issuance of a certificate of occupancy of the subject Properties; and
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
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 File ID: 3408 (Revision: B) Printed On: 5/31/2019
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 2/8/2018
ity Attor ey 2/8/2018
City of Miami File ID: 3408 (Revision: B) Printed On: 5/31/2019
Exhibit "A"
Legal Description
North Parcels
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.
42894953;6
43113820;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
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
(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
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
NOW THEREFORE, the Owner, in order to assure the City that the representations made to the City will
be abided by the Owner, its successors or assigns, freely, voluntarily and without duress makes the
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:
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.
2
44932263;1
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
5. Inspection and Enforcement. 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 to enter upon the Subject Property
for the purpose of investigating the use of the Subject 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.
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
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above
written.
WESTDALE WYNWOOD, LP
a Texas limited partnership
By: JGB VENTURES I, LTD., a Texas
limited partnership - General Partner
By: JGB HOLDINGS, INC., a Texas
corporation - General Partner
WITNESSES:
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
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
Exhibit "A"
Legal Description
North Parcels
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
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
Exhibit "B"
Ordinance No.
[See Attached]
44932263;1
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
Exhibit "C"
Concept Plan
[See Attached]
44932263;1
THIS DOCUMENT IS A SUBSTITUTION. BACKUP ORIGINAL
AND SUBMITTAL CAN BE SEEN AT THE END OF THIS
DOCUMENT.
Concept Plan
EMIL
R SIDE SAL
pee-scoryY n
artmeneTypaiogy -
NW 3157 STREET
r.r_r_r.r.r_._r.r.r_..
NW 3Q STREET
RESIDENTIAL
Five-srory Multi -Family
Apartment Building
OPEN SPACE
Cross -Block Passage,
access street_
—I MIXED -USE
Pere if Office Building
(NOT A PART OF
APPLICATION)
AMENITY AREA
Green Open Space:
44932263;1
DRAFT
SUBSTITUTED.
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 DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
(Space Above For Recorder's .e Only)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (thi "Declaration") is made this
day of , 201_, by WESTDALE WYNWOOD LP, a Texas limited partnership
(hereinafter, the "Owner"), in favor of the City of Miami, Florida, a m icipality located within the State
of Florida (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that ertain real property located at 224-284 NW
31 Street, 3043 NW 3 Avenue, and the western portion of 3 40 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 particular described in Exhibit "A" (the "South Parcels",
collectively with the North Parcels referred to as the "subject Property");
WHEREAS, on July 20, 2017, the Own: filed applications with the City's Planning and Zoning
Department related to the future land use and 'rung classifications of the Subject Property to effectuate
efficient and appropriate use, density, and fu '4 re redevelopment of the Subject Property as a multi -family
residential development, including an appl' ' ation to amend the City's Zoning Atlas for the North Parcels
from T3-O to T4-L, and to amend the C. '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-f ily residential development with a mix of unit types and sizes, and
improvement in the quality of .using stock in the surrounding neighborhood; and
WHEREAS, on
denial of the Application
vember 15, 2017, the Planning, Zoning and Appeals Board recommended
y 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 Appli' ation, and voted affirmatively to approve the Application; and
WHE .AS, on March 22, 2018, on second reading, the City Commission approved the
Application .r amendment to the City's Zoning Atlas, as being Consistent with the criteria contained in
Article 7.1 .8 of the City of Miami Zoning Code ("Miami 21 Code"), pursuant to Ordinance No. ,
attached - ereto 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
erty is compatible with both the current and future conditions of the surrounding neighborhood.
44266758;4
3cR__ E)( hb�+Li S<<r3
SUBSTITUTED.
DRAFT
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE
END OF THIS DOCUMENT.
EN AT
NOW 'THEREFORE, the Owner, in order to assure the City that the representations made t. the City
will be abided by the Owner, its successors or assigns, freely, voluntarily and without dures makes the
following covenants covering and running with the Subject Property:
1. Recitals. The foregoing recitals are true and correct and incorporated herein b, reference.
2. Covenants Against the Subject Property. The Owner hereby declares the `allowing restrictions
against the Subject Property:
a. The Subject Property shall be treated as a unifie, development site, to be
developed in one or more phases generally consistent with a conc; et plan, attached as Exhibit
"C", for multi -family residential development with a mix of it sizes, on -site parking and
community amenities, and limited commercial uses along the gr. nd floor of NW 30th Street, and
subject to a recorded Unity of Title or Covenant in Lieu of Un' of Title, pursuant to Article 7 of
the Miami 21 Code ("Concept Plan"). In event that City de rmines an Exception is required for
development of the Subject Property, any material change o the Concept Plan shall be reviewed
and approved as part of the Exception application by the ' anning Zoning and Appeals Board.
b. Development on the North Parcels s all not exceed a maximum Height of Three
(3) Stories and 40 feet and will incorporate ar' itectural elements consistent with existing
structures in the neighborhood, including but no ' limited to Spanish Mission and Mediterranean
Revival.
c. Owner shall, in future dev
of ten (10) multi -family residential dwel
of four (4) units serving residents abov'
and at or below eighty percent (80%)
Housing and Urban Development
residents above eighty percent
(140%) of the AMI as publishe
opment of the Subject Property, reserve a minimum
g units as affordable housing, as follows: a minimum
sixty percent (60%) of the area median income ("AMI")
f the AMI as published by the United States Department of
`HUD") annually; and a minimum of six (6) units serving
0%) of the AMI and at or below one -hundred -forty percent
y HUD annually.
Owner may substi e reserving ten (10) affordable housing units on -site on the Subject
Property, as described . .ove through payment in lieu at a rate of $100,000 per unit for
neighborhood improve ' ents as described in subsection "d" below.
d. If
in subsection "c"
neighborhood r
follows: $500
issuance of
$250,000
Subject
ner elects to contribute payment in lieu of units reserved as set forth above
Owner shall contribute $1,000,000 for neighborhood improvements to a
italization organization or community revitalization trust serving District 5 as
00 within sixty (60) days of the effective date of this declaration; $250,000 upon
a building permit for any unified redevelopment on the Subject Property; and
pon issuance of a certificate of occupancy for any unified redevelopment on the
roperty.
d
•
In t event the City of Miami Zoning Atlas or Miami 21 Code is amended to allow the North
Parcels or . outh Parcels or any properties abutting the North Parcels or South Parcels, respectively, to
exceed te current maximum Height or maximum permitted Density, by right or through a special permit
or use . f a public benefits program or other bonus Height mechanism made available through the Miami
21 • de, the purpose of this Declaration shall no longer exist and the City shall, upon Owner's written
re, est, agree to the release of this Declaration consistent with the procedures set forth in Section 6
rein.
2
44266758;4
DRAFT
SUBSTITUTED.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SE AT
END OF THIS DOCUMENT.
3. Effective Date. This Declaration shall constitute a covenant running with the title to th ubject
Property and be binding upon Owner, its successors, heirs, and assigns upon recordation in , e Public
Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and 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 rem n in full force and
effect and shall be binding upon the Owner of the Subject Property, its successors interest and assigns
for an initial period of thirty (30) years from the date this instrument is recorded ' ' the public records and
shall be automatically extended for successive periods of ten (10) years, unl: s modified, amended or
released prior to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that
of Miami may have the right at any time during normal working hours
for the purpose of investigating the use of the Subject Property
conditions of this Declaration and the requirements of the City's bu'
complied with. An action to enforce the terms and conditions of
City and may be by action at law or in equity against any party
any covenants of this Declaration or provisions of the build'
violations or to recover damages. This enforcement provis
available under the law.
•
y official inspector of the City
enter upon the Subject Property
and for determining whether the
ing and zoning regulations are being
is Declaration may be brought by the
person violating or attempting to violate
g and zoning regulations, either to restrain
n shall be in addition to any other remedies
•
6. Amendment and Modification. This instr ent may be modified, amended or released as to
any portion of the Subject Property by a written i strument executed by the owner(s) of the fee -simple
title to the Subject Property to be effected by suc amendment, modification, or release and the City with
the approval by the City Commission at a pu • is hearing, which public hearing shall be applied for by,
and be at the expense of the Owner.
7. Severability. Invalidation of y one of these covenants by judgment of Court shall not affect
any of the other provisions of this Decl . ation, which shall remain in full force and effect.
8. Recording. This Declar ion shall be filed of record among the Public Records of Miami -Dade
County, Florida, at the cost of he Owner. The Owner shall submit a recorded copy to the Zoning
Administrator at 444 SW 2' Avenue, 4th Floor, Miami, Fl., 33130-1910 within thirty (30) days of
recordation.
[ Signature Page Follows ]
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44266758,4
DRAFT
SUBSTITUTED.
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first ab
written.
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
WESTDALE WYNWOOD LP, a Texas li ted
partnership
By:
Name:
Title:
The foregoing instrument was executed, ackno edged and delivered before me this day of
, 2018, by , a of Westdale Wynwood LP,
a Texas limited partnership on behalf of the compan, He/She is personally known to me or has produced
as identification.
(Official Seal)
Name:
Notary Public, State of Texas
My Commission Number:
My Commission Expires:
APPROVED AS TO LEG / FORM APPROVED
AND CORRECTNESS:
OFFICE OF THE C ATTORNEY ZONING ADMINISTRATOR
By: By:
Printed: Printed:
44266758:4
SUBSTITUTED.
North Parcels
DRAFT
Exhibit "A"
Legal Description
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
Lot 3, Block 19, of NORTHERN BOULEVARD TRACT, according to the Pla hereof, 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 t• the Plat thereof, as recorded
in Plat Book 5, Page 23 of the Public Records of Miami -Dade County, Flo da.
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 C • • nty, Florida.
TOGETHER WITH
Lots 10 through 18, inclusive, Block 17, of WYNWO OD PARK, according to the Plat thereof, as
recorded in Plat Book 5, Page 23 of the Public Records s Miami -Dade County, Florida.
44266758;4
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SUBSTITUTED.
Exhibit "B"
Ordinance No.
[See Attached]
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
44266758;4
DRAFT
SUBSTITUTED.
Exhibit "C"
Concept Plan
[See Attached]
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BEEEN AT
END OF THIS DOCUMENT.
44266758;4
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Concept Plan
o
• • rm• m o rm• umo mer i r mer norm U— I I .Io, II ,1 IIf g4 0 ns, 9 MIN ,
NW 30" f STREET
RESIDENTIAL
Five -story Multi -Family
Apartment Building
44266758;4
OPEN SPACE
Cross -Block Passage,
access street_
—rl AMENITY AREA '
Green Open Spaces
MIXED -USE
Retail, Office Building
(NOT A PART OF
APPLICATION)
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This instrument prepared by
and when recorded returned to:
, Esq.
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh Street
Miami, FL 33131
EXHIBIT B
SUBSTITUTED
(Space Above For Recorder's Use On]
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "De aration") is made this
day of , 201_, by WESTDALE WYNWOOD LP, a '•xas limited partnership
(hereinafter, the "Owner"), in favor of the City of Miami, Florida, a munici . ity located within the State
of Florida (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee simple title to that cert n real property located at 224-284 NW
31 Street, 3043 NW 3 Avenue, and the western portion of 3040 I W 2 Avenue in Miami, Florida, as more
particularly described in Exhibit "A" (the "North Parcels"), . d that certain real property located at 221-
291 NW 30 Street, Miami, Florida, as more particularly • scribed in Exhibit "A" (the "South Parcels",
collectively with the North Parcels referred to as the "Su u ect Pro t e ");
WHEREAS, on July 20, 2017, the Owner ed applications with the City's Planning and Zoning
Department related to the future land use and zo g classifications of the Property to effectuate efficient
and appropriate use, density, and future reelopment of the Subject Property as a multi -family
residential development, including an applicon to amend the City's Zoning Atlas for the North Parcels
from T3-O to T4-L, and to amend the C. Zoning Atlas for the South Parcels from T4-L to T5-L (the
"Application"); and
WHEREAS, the Applicati., is consistent with the City's Comprehensive Neighborhood Plan
and facilitates additional multi-f. ily residential development with a mix of unit types and sizes, and
improvement in the quality of h• sing stock in the surrounding neighborhood; and
WHEREAS, the 's Planning Department prepared a staff report recommending approval of
the Application; and
WHEREA on , 201 , the Planning, Zoning and Appeals Board recommended
approval of the A . 'cation ( - ), pursuant to Resolution PZAB-R- ; and
W AS, on , 201_, the City Commission on first reading of the ordinance,
reviewed t - Application, and voted affirmatively to approve the Application; and
HEREAS, on , 201_, on second reading, the City Commission approved the
Appl° ation for amendment to the City's Zoning Atlas, as being Consistent with the criteria contained in
A le 7.1.2.8 of the City of Miami Zoning Code ("Miami 21 Code"), pursuant to Ordinance No.
ached hereto and made a part hereof as Exhibit "B"; and
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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.
NOW THEREFORE, the Owner, in order to assure the City that the representations made to the ' ity
will be abided by the Owner, its successors or assigns, freely, voluntarily and without duress mas the
following covenants covering and running with the Subject Property:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by re rence.
2. Covenants Against the Subject Property. The Owner hereby declares the folling restrictions
against the Subject Property:
a. The Subject Property shall be treated as a unified d- elopment site, to be
developed in one or more phases consistent with concept plan fo multi -family residential
development with a mix of unit sizes, on -site parking and comm ity amenities, and limited
commercial uses along the ground floor of NW 30th Street, and .ject to a recorded Unity of
Title or Covenant in Lieu of Unity of Title, pursuant to Article of the Miami 21 Code. Any
material changes to the concept plan must be reviewed a approved by Exception by the
Planning Zoning and Appeals Board.
b. Development on the North Parcels shal of exceed a maximum Height of Three
(3) Stories and 40 feet and will incorporate arch i cturaI elements consistent with existing
structures in the neighborhood, including but not li ited to Spanish Mission and Mediterranean
Revival.
c. Owner shall, in future devel, .ment of the Subject Property, reserve a minimum
of ten (10) multi -family residential dwelli : units, at a mix of unit sizes, as Workforce Housing,
as defined in Article 1.2 Definitions of i 21 Code.
In the event the City of Miami Zon g Atlas or Miami 21 Code is amended to allow the North
Parcels or South Parcels or any propertie butting the North Parcels or South Parcels, respectively, to
exceed the current maximum Height or r . ximum permitted Density, by right or through a special permit
or use of a public benefits program or .ther bonus Height mechanism made available through the Miami
21 Code, the purpose of this Declar ion shall no longer exist and the City shall, upon Owner's written
request, agree to the release of t, s Declaration consistent with the procedures set forth in Section 6
herein.
3. Effective Date. T is Declaration shall constitute a covenant running with the title to the Subject
Property and be binding pon Owner, its successors, heirs, and assigns upon recordation in the Public
Records of Miami -Da • County, Florida. These restrictions shall be for the benefit of, and a limitation
upon, all present and ' ture owners of the Subject Property and for the public welfare,
4. Ter ' of Covenant. This Declaration on the part of the Owner shall remain in full force and
effect and shbe binding upon the Owner of the Subject Property, its successors in interest and assigns
for an initiperiod of thirty (30) years from the date this instrument is recorded in the public records and
shall be tomatically extended for successive periods of ten (10) years, unless modified, amended or
release prior to the expiration thereof.
5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City
Miami may have the right at any time during normal working hours to enter upon the Subject Property
2
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for the purpose of investigating the use of the Subject 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
City and may be by action at law or in equity against any party or person violating or attempting to vio to
any covenants of this Declaration or provisions of the building and zoning regulations, either to r• . rain
violations or to recover damages. This enforcement provision shall be in addition to any other r edies
available under the law.
6. Amendment and Modification. This instrument may be modified, amended or eleased as to
any portion of the Subject Property by a written instrument executed by the owner(s) +. the fee -simple
title to the Subject Property to be effected by such amendment, modification, or releas= and the City with
the approval by the City Commission at a public hearing, which public hearing sh• be applied for by,
and be at the expense of the Owner.
7. Severability. Invalidation of any one of these covenants by judgm: t of Court shall not affect
any of the other provisions of this Declaration, which shall remain in full for e and effect.
8. Recording. This Declaration shall be filed of record among . - Public Records of Miami -Dade
County, Florida, at the cost of the Owner. The Owner shall sub t a recorded copy to the Zoning
Administrator at 444 SW 21'' Avenue, 4th Floor, Miami, Fl., 3 30-1910 within thirty (30) days of
recordation.
[ Signature Page F lows ]
3
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written.
SUBSTITUTED
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above
WITNESSES:
Print Name:
Print Name:
STATE OF
COUNTY OF
WESTDALE WYNWOOD LP, a Texas limited
partnership
By:
Name:
Title:
The foregoing instrument was executed, acknowle
2017, by , as
a Texas limited partnership on behalf of the company.
as identification.
(Official Seal)
APPROVED AS TO LEG FORM
AND CORRECTNESS:
OFFICE OF THE C r ATTORNEY
By:
Printed:
42894953;6
43113820;1
ed and delivered before me this day of
of Westdale Wynwood LP,
e/She is personally known to me or has produced
ame:
Notary Public, State of Texas
My Commission Number:
My Commission Expires:
APPROVED
ZONING ADMINISTRATOR
By:
Printed:
DRAFT
Exhibit "A"
Leval Description
North Parcels
SUBSTITUTED
Lot 3, Block 19, of NORTHERN BOULEVARD TRACT, according to the Plat thereof, . s recorded in
Plat Book 2, Page 29 of the Public Records of Miami -Dade County, Florida.
TOGETHER WITH
Lots I through 9, inclusive, Block 17, of WYNWOOD PARK, according to the PI • thereof, as recorded
in PIat Book 5, Page 23 of the Public Records of Miami -Dade County, Florida.
South Parcels
Lot 4, Block 19, of NORTHERN BOULEVARD TRACT, according . the Plat thereof, as recorded in
Plat Book 2, Page 29 of the Public Records of Miami -Dade County, F. arida.
TOGETHER WITH
Lots 10 through 18, inclusive, Block 17, of WYNWOOD P.'P , according to the Plat thereof, as
recorded in Plat Book 5, Page 23 of the Public Records of Mia- i-Dade County, Florida.
42894953;6
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Exhibit "B"
Ordinance No.
{See Attached]
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Exhibit "C"
Concept Plans
[See Attached]
42894953;6
43113820;1
SUBSTITUTED