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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 ] 3 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 DRAFT 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 DRAFT 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) (1) C CIO CI) C m 0 xi 1 O fn z0 rO C) W c D rn C) z C O D xi cn 5c W zcn D -1 r = o c D -I z p W z rn nO c L1I 1N9Wf130a SIH_ JO ON3 DRAFT 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 42894953;6 43113820;1 SUBSTITUTED 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 42894953;6 43113820,1 SUBSTITUTED 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 42894953;6 43113820;1 DRAFT 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 43113820;1 Exhibit "B" Ordinance No. {See Attached] 42894953;6 43113820;1 SUBSTITUTED Exhibit "C" Concept Plans [See Attached] 42894953;6 43113820;1 SUBSTITUTED