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Legislation
Resolution: R-20-0356
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8002
Final Action Date: 10/22/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A PARTIAL RELEASE/MODIFICATION OF A DECLARATION OF
RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 460,
500, AND 520 NORTHEAST 82 TERRACE AND 505, 439, 437, 433, AND 421
NORTHEAST 82 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, 82nd Apartments LP, 505 NE 82nd Street LLC, 520 NE 82nd Terrace LLC,
439 NE 82nd ST LLC, and 421 82 ST, LLC (collectively, "Applicant") submitted a request for a
Special Appearance for partial release and modification of a Declaration of Restrictive
Covenants voluntarily proffered as part of a rezoning of the properties located at 460, 500, and
520 Northeast 82 Terrace and 505, 439, 437, 433, and 421 Northeast 82 Street, Miami, Florida,
as more particularly described in Exhibit "A", attached and incorporated ("Property"); and
WHEREAS, the Applicant owns the Property; and
WHEREAS, on September 16, 2015, the Planning, Zoning and Appeals Board ("PZAB"),
in agreement with the Planning Department's recommendation, adopted Resolution No. PZAB-
R-15-057 by a vote of five to three (5-3), recommending denial of an ordinance to the City
Commission amending Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM")
of the Miami Comprehensive Neighborhood Plan ("MCNP"), pursuant to small scale amendment
procedures subject to Section 163.3187, Florida Statues, by changing the future land use
designation of the Property from "Medium Multifamily Residential" to "Restrictive Commercial";
and
WHEREAS, on September 16, 2015, the PZAB, in agreement with the Planning
Department's recommendation, adopted Resolution No. PZAB-R-15-058 by a vote of five to
three (5-3), recommending denial of an ordinance to the City Commission concerning amending
the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), by changing the zoning classification from "T5-R", Urban General -
Restricted, to "T6-8-O", Urban Core - Open, for the Property; and
WHEREAS, on January 28, 2016, the City Commission adopted Ordinance No. 13592
by a vote of four to zero (4-0), amending the FLUM of the MCNP pursuant to small scale
amendment procedures subject to Section 163.3187, Florida Statues, by changing the future
land use designation of the Property from "Medium Multifamily Residential" to "Restrictive
Commercial"; and
WHEREAS, on January 28, 2016, the City Commission adopted Ordinance No. 13593
by a vote of four to zero (4-0), amending the Miami 21 Code by changing the Zoning
City of Miami
8002 Legislation -SUB
Page 1 of 3 File ID: 8002 (Revision: C) Printed On: 11/17/2020
File ID: 8002
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
Enactment Number: R-20-0356
Classification from "T5-R", Urban Center — Restricted, to "T6-8-O," Urban Core— Open, for the
Property; and
WHEREAS, as part of the above -referenced rezoning, the Applicant proffered a
Declaration of Restrictive Covenants ("Covenant") that was accepted by the City Commission;
and
WHEREAS, the Covenant included the following four (4) restrictions:
1. The Property will be developed consistent with the plans titled "Wave of Shorecrest
82nd Street Master Plan" dated July 15, 2015 ("Plan").
2. The Owners will not increase the proposed floor area (FLR) as described in the Plan
by pursuing a "Public Benefits" bonus under the Miami 21 Code.
3. The Property will be developed with a maximum of 232 dwelling units.
4. There will be no commercial uses permitted along the Northeast 82 Terrance
frontage of the Property; and
WHEREAS, the Property is located within the Upper Eastside neighborhood; and
WHEREAS, the Applicant's survey indicates that the Property is approximately 98,932
square feet (2.2711 acres); and
WHEREAS, the Applicant is requesting a partial release/modification of the Covenant
previously accepted by the City Commission due to changes in the character of the surrounding
neighborhood; and
WHEREAS, the Applicant is requesting a release of the following restrictions:
1. The Property will be developed consistent with the Plan.
2. The Owners will not increase the proposed floor area (FLR) as described in the Plan
by pursuing a "Public Benefits" bonus under the Miami 21 Code.
3. The Property will be developed with a maximum of 232 dwelling units; and
WHEREAS, the Planning Department recommends denial of the release of the
Covenant as presented by the Applicant and instead recommends approval to only release the
first listed restriction related to design of the future development on site to match the Plan, with
conditions; and
WHEREAS, the Planning Department found that the release of the first restriction only of
the Covenant would be consistent with the goals of the Miami 21 Code and would allow
flexibility in the design of future development on the Property; and
WHEREAS, the PZAB, at its meeting on September 16, 2020, following an advertised
public hearing, adopted Resolution No. PZAB-R-20-032, by a vote of ten to one (10-1) for Item
PZAB.1, recommending denial of the proposed partial release/modification of the Covenant; and
City of Miami Page 2 of 3 File ID: 8002 (Revision: C) Printed on: 11/17/2020
File ID: 8002
THIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT
END OF THIS DOCUMENT.
Enactment Number: R-20-0356
WHEREAS, based on the testimony and evidence presented, after due notice, and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve the partial release/modification of the
Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the partial release/modification of the Covenant,
in a form acceptable to the City Attorney, by removing the following three (3) restrictions:
1. The Property will be developed consistent with the plans titled "Wave of Shorecrest
82nd Street Master Plan" dated July 15, 2015 ("Plan").
2. The Owners will not increase the proposed floor area (FLR) as described in the Plan
by pursuing a "Public Benefits" bonus under the Miami 21 Code.
3. The Property will be developed with a maximum of 232 dwelling units.
Section 3. All remaining provisions and restrictions in the Covenant previously accepted by
the City Commission remain in full force and effect.
Section 4. This Resolution shall become effective ten (10) days upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
ez, ity
11/5/2020
ndez, ity ttor{iey ) 11/9/2020
1 This Resolution 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 Resolution, 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 Page 3 of 3 File ID: 8002 (Revision: C) Printed on: 11/17/2020
SUBSTITUTED
City of Miami
Legislation
Resolution: R-20-0356
File Number: 8002
City Hall
3500 Pan American r ive
Miami, FL 331
www.miamigo .com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTA
APPROVING A PARTIAL RELEASE/MODIFICATION OF A DEC
RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO T
ATTORNEY, FOR THE PROPERTIES LOCATED AT APPRO
500, AND 520 NORTHEAST 82 TERRACE AND 505, 439,
NORTHEAST 82 STREET, MIAMI, FLORIDA, AS MORE
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCOR
FINDINGS; CONTAINING A SEVERABILITY CLAUS
AN EFFECTIVE DATE.
AN
0/22/2020
MENT(S),
RATION OF
CITY
MATELY 460,
7, 433, AND 421
RTICULARLY
RATED; MAKING
D PROVIDING FOR
WHEREAS, 82nd Apartments LP, 505 NE 82nd Stre LLC, 520 NE 82"d Terrace LLC,
439 NE 82nd ST LLC, and 421 82 ST, LLC (collectively, " A .plicant") submitted a request for a
Special Appearance for partial release and modificatio .f a Declaration of Restrictive
Covenants voluntarily proffered as part of a rezoning the properties located at 460, 500, and
520 Northeast 82 Terrace and 505, 439, 437, 433, . d 421 Northeast 82 Street, Miami, Florida,
as more particularly described in Exhibit "A", atta ed and incorporated ("Property"); and
WHEREAS, the Applicant owns the Property; and
WHEREAS, on September 16, 20 , the Planning, Zoning and Appeals Board ("PZAB"),
in agreement with the Planning Depart -nt's recommendation, adopted Resolution No. PZAB-
R-15-057 by a vote of five to three (5- . , recommending denial of an ordinance to the City
Commission amending Ordinance .. 10544, as amended, the Future Land Use Map ("FLUM")
of the Miami Comprehensive Nei. borhood Plan ("MCNP"), pursuant to small scale amendment
procedures subject to Section 1 r, .3187, Florida Statues, by changing the future land use
designation of the Property fr. "Medium Multifamily Residential" to "Restrictive Commercial";
and
WHEREAS, on -ptember 16, 2015, the PZAB, in agreement with the Planning
Department's recom rndation, adopted Resolution No. PZAB-R-15-058 by a vote of five to
three (5-3), recomm- ding denial of an ordinance to the City Commission concerning amending
the Zoning Atlas oOrdinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Mia ► 21 Code"), by changing the zoning classification from "T5-R", Urban General -
Restricted, to " 6-8-0", Urban Core - Open, for the Property; and
W REAS, on January 28, 2016, the City Commission adopted Ordinance No. 13592
by a vot of four to zero (4-0), amending the FLUM of the MCNP pursuant to small scale
amenent procedures subject to Section 163.3187, Florida Statues, by changing the future
land se designation of the Property from "Medium Multifamily Residential" to "Restrictive
C. mercial"; and
City of Miami Page 1 of 3 File ID: 8002 (Revision: B) Printed On: 11/17/2020
SUBSTITUTED
File ID: 8002
Enactment Number: R-20-0356
WHEREAS, on January 28, 2016, the City Commission adopted Ordinance No. 13593
by a vote of four to zero (4-0), amending the Miami 21 Code by changing the Zoning
Classification from "T5-R", Urban Center — Restricted, to "T6-8-O," Urban Core— Open, for the
Property; and
WHEREAS, as part of the above -referenced rezoning, the Applicant proffered a
Declaration of Restrictive Covenants ("Covenant") that was accepted by the City Com sion;
and
WHEREAS, the Covenant included the following four (4) restrictions:
1. The Property will be developed consistent with the plans titled "W. -e of Shorecrest
82nd Street Master Plan" dated July 15, 2015 ("Plan").
2. The Owners will not increase the proposed floor area (FLR) .s described in the Plan
by pursuing a "Public Benefits" bonus under the Miami 21 r ode.
3. The Property will be developed with a maximum of 23 dwelling units.
4. There will be no commercial uses permitted along e Northeast 82 Terrance
frontage of the Property; and
WHEREAS, the Property is located within the U.per Eastside neighborhood; and
WHEREAS, the Applicant's survey indicate hat the Property is approximately 98,932
square feet (2.2711 acres); and
WHEREAS, the Applicant is requesti . a partial release/modification of the Covenant
previously accepted by the City Commissio due to changes in the character of the surrounding
neighborhood; and
WHEREAS, the Applicant is r
uesting a release of the following restrictions:
1. The Property will be d- eloped consistent with the Plan.
2. The Owners will n increase the proposed floor area (FLR) as described in the Plan
by pursuing a "P blic Benefits" bonus under the Miami 21 Code.
3. The Prope will be developed with a maximum of 232 dwelling units; and
WHEREAS he Planning Department recommends denial of the release of the
Covenant as pre--nted by the Applicant and instead recommends approval to only release the
first listed restr' tion related to design of the future development on site to match the Plan, with
conditions; a
EREAS, the Planning Department found that the release of the first restriction only of
the Co -nant would be consistent with the goals of the Miami 21 Code and would allow
flexiity in the design of future development on the Property; and
City of Miami Page 2 of 3 File ID: 8002 (Revision: B) Printed on: 11/17/2020
File ID: 8002
SUBSTITUTED
Enactment Number: R-20-0356
WHEREAS, the PZAB, at its meeting on September 16, 2020, following an advertised
public hearing, adopted Resolution No. PZAB-R-20-032, by a vote of ten to one (10-1) for Item
PZAB.1, recommending denial of the proposed partial release/modification of the Covenant; an
WHEREAS, based on the testimony and evidence presented, after due notice, and
opportunity to be heard has been afforded to all parties and members of the public, there
competent substantial evidence in the record to approve the partial release/modificatio .f the
Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OTHE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to t s Resolution are
adopted by reference and incorporated as if fully set forth in this Section
Section 2. The City Commission approves the partial release/mo
in a form acceptable to the City Attorney, by removing the followin• hree (3) restrictions:
fication of the Covenant,
1. The Property will be developed consistent with the ans titled "Wave of Shorecrest
82nd Street Master Plan" dated July 15, 2015 ("PI
2. The Owners will not increase the proposed fl
by pursuing a "Public Benefits" bonus unde
)•
r area (FLR) as described in the Plan
he Miami 21 Code.
3. The Property will be developed with a ►.ximum of 232 dwelling units.
Section 3. All remaining provisions and re rictions in the Covenant previously accepted by
the City Commission remain in full force an. -ffect.
Section 4. This Resolution shall be me effective ten (10) days upon its adoption.'
APPROVED AS TO FORM AND C
ria
RECTNESS:
ez, ity ttor11/5/2020
1 T Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
d. s from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
ffective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later
City of Miami Page 3 of 3 File ID: 8002 (Revision: 8) Printed on: 11/17/2020
City of Miami
Legislation
Resolution: R-20-0356
SUBSTITUTED
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 8002 Final Action Date: 10/2
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S
APPROVING A PARTIAL RELEASE/MODIFICATION OF A DECLARATION
RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 60,
500, AND 520 NORTHEAST 82 TERRACE AND 505, 439, 437, 433, A ' 421
NORTHEAST 82 STREET, MIAMI, FLORIDA, AS MORE PARTICUL-LY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PR • IDING FOR
AN EFFECTIVE DATE.
WHEREAS, 82nd Apartments LP, 505 NE 82nd Street LLC
439 NE 82' ST LLC, and 421 82 ST, LLC (collectively, "Applic
Special Appearance for partial release and modification of a
Covenants voluntarily proffered as part of a rezoning of the
520 Northeast 82 Terrace and 505, 439, 437, 433, and 4
as more particularly described in Exhibit "A", attached
WHEREAS, the Applicant owns the Propert
20 NE 82nd Terrace LLC,
t") submitted a request for a
claration of Restrictive
operties located at 460, 500, and
Northeast 82 Street, Miami, Florida,
d incorporated ("Property"); and
020
and
WHEREAS, on September 16, 2015, the Manning, Zoning and Appeals Board ("PZAB"),
in agreement with the Planning Department's ecommendation, adopted Resolution No. PZAB-
R-15-057 by a vote of five to three (5-3), re•.mmending denial of an ordinance to the City
Commission concerning amending Ordin. ce No. 10544, as amended, the Future Land Use
Map ("FLUM") of the Miami Comprehe :ive Neighborhood Plan ("MCNP") pursuant to small
scale amendment procedures subjec o Section 163.3187, Florida Statues, by changing the
future land use designation of the P •perty from "Medium Multifamily Residential" to "Restrictive
Commercial"; and
WHEREAS, on Septe
Department's recommenda
three (5-3), recommendin
the Zoning Atlas of Ord
amended ("Miami 21
Restricted, to "T6-8
WHER
by a vote of f
amendmen
land use
Comm
55
er 16, 2015, the PZAB, in agreement with the Planning
n, adopted Resolution No. PZAB-R-15-058 by a vote of five to
denial of an ordinance to the City Commission concerning amending
ance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
ode"), by changing the zoning classification from "T5-R", Urban General -
, Urban Core - Open, for the Property; and
S, on January 28, 2016, the City Commission adopted Ordinance No. 13592
r to zero (4-0), amending the FLUM of the MCNP pursuant to small scale
rocedures subject to Section 163.3187, Florida Statues, by changing the future
signation of the Property from "Medium Multifamily Residential" to "Restrictive
ial"; and
WHEREAS, on January 28, 2016, the City Commission adopted Ordinance No. 13593
a vote of four to zero (4-0), amending the Miami 21 Code by changing the Zoning
City of Miami Page 1 of 3 File ID: 8002 (Revision: A) Printed On: 11/17/2020
File ID: 8002
SUBSTITUTED
Enactment Number: R-20-0356
Classification from "T5-R", Urban Center — Restricted, to "T6-8-O," Urban Core— Open, for the
Property; and
WHEREAS, as part of the above -referenced rezoning, the Applicant proffered a
Declaration of Restrictive Covenants ("Covenant") that was accepted by the City Commissi
and
WHEREAS, the Covenant included the following four (4) restrictions:
1. The Property will be developed consistent with the plans titled "Wave . " Shorecrest
82nd Street Master Plan" dated July 15, 2015 ("Plan").
2. The Owners will not increase the proposed floor area (FLR) as
by pursuing a "Public Benefits" bonus under the Miami 21 Co
scribed in the Plan
3. The Property will be developed with a maximum of 232 d •fling units.
4. There will be no commercial uses permitted along the
frontage of the Property; and
ortheast 82 Terrance
WHEREAS, the Property is located within the Uppe astside neighborhood; and
WHEREAS, the Applicant's survey indicates th. the Property is approximately 98,932
square feet (2.2711 acres); and
WHEREAS, the Applicant is requesting a artial release/modification of the Covenant
previously accepted by the City Commission d to changes in the character of the surrounding
neighborhood; and
WHEREAS, the Applicant is requ ting a release of the following restrictions:
1. The Property will be deve .ped consistent with the Plan.
2. The Owners will not i rease the proposed floor area (FLR) as described in the Plan
by pursuing a "Publ. Benefits" bonus under the Miami 21 Code.
3. The Property w be developed with a maximum of 232 dwelling units; and
WHEREAS, tho 'fanning Department recommended denial of the release of the
Covenant as presen d by the Applicant and instead recommended approval to only release the
first listed restrictiorelated to design of the future development on site to match the Plan, with
conditions; and
WHE EAS, the Planning Department, through its analysis, found that the release of the
first restric '•n only of the Covenant would be consistent with the goals of the Miami 21 Code
and wou • allow flexibility in the design of future development on the Property; and
pu
WHEREAS, the PZAB, at its meeting on September 16, 2020, following an advertised
lc hearing, adopted Resolution No. PZAB-R-20-032, by a vote of ten to one (10-1) for Item
AB.1, recommending denial of the proposed partial release/modification of the Covenant; and
City of Miami Page 2 of 3 File ID: 8002 (Revision: A) Printed on: 11/17/2020
File ID: 8002
SUBSTITUTED
Enactment Number: R-20-0356
WHEREAS, based on the testimony and evidence presented, after due notice, and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve the partial release/modification of the
Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Reso .tion are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves the partial release/modificatio •f the Covenant,
in a form acceptable to the City Attorney by removing the following four (4) strictions:
1. The Property will be developed consistent with the plans titl
82nd Street Master Plan" dated July 15, 2015 ("Plan").
Wave of Shorecrest
2. The Owners will not increase the proposed floor area LR) as described in the Plan
by pursuing a "Public Benefits" bonus under the Mi. ' i 21 Code.
3. The Property will be developed with a maximu •f 232 dwelling units.
4. There will be no commercial uses permitted :long the Northeast 82 Terrance
frontage of the Property.
Section 3. All remaining provisions and restr tions in the Covenant previously accepted by
the City Commission remain in full force and e►-ct.
Section 4. This Resolution shall beco e effective ten (10) days upon its adoption.'
APPROVED AS TO FORM AND COR' CTNESS:
1zr
ez, ity
ttor ey
11/5/2020
1 Th. Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
d. , s from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
ective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later
City of Miami Page 3 of 3 File ID: 8002 (Revision: A) Printed on: 11/17/2020
SUBSTITUTED
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Dr e
Miami, FL 3313
www.miamigov.•.m
File Number: 8002
Final Ac n Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHME (S),
APPROVING/DENYING A PARTIAL RELEASE/MODIFICATION OF A D LARATION
OF RESTRICTIVE COVENANTS, IN A FORM ACCEPTABLE TO THE ' ITY
ATTORNEY, FOR THE PROPERTIES LOCATED AT APPROXIMAT' Y 460, 500,
AND 520 NORTHEAST 82 TERRACE AND 505, 439, 437, 433, A 'A 421
NORTHEAST 82 STREET, MIAMI, FLORIDA, AS MORE PARTI LARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORAT' D; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND ' 'OVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board PZAB"), at its meeting on
September 16, 2020, following an advertised public hearin., adopted Resolution No. PZAB-R-
20-032, by a vote of ten to one (10-1) for Item PZAB.1, r- ommending denial of the proposed
application; and
WHEREAS, 82nd Apartments LP, 505 NE 8 d Street LLC, 520 NE 82nd Terrace LLC,
439 NE 82nd ST LLC, and 421 82 ST, LLC (colle vely, "Applicant") submitted a request for a
Special Appearance for partial release and moication of a Declaration of Restrictive
Covenants voluntarily proffered as part of a r: oning of the properties located at 460, 500, and
520 Northeast 82 Terrace and 505, 439, 4 , 433, and 421 Northeast 82 Street, Miami, Florida,
as more particularly described in Exhibit " ", attached and incorporated ("Property"); and
WHEREAS, the Applicant ow . the Property; and
WHEREAS, on Septemb 16, 2015, the PZAB, in agreeance with the Planning
Department's recommendation dopted Resolution No. PZAB-R-15-057 by a vote of five to
three (5-3), recommending d_ ial of an ordinance to the City Commission concerning amending
Ordinance No. 10544, as a ended, the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighbor ood Plan ("MCNP") pursuant to small scale amendment procedures
subject to Section 163. 87, Florida Statues, by changing the future land use designation of the
Property from "Mediu Multifamily Residential" to "Restrictive Commercial"; and
WHEREA' , on September 16, 2015, the PZAB, in agreement with the Planning
Department's r ommendation, adopted Resolution No. PZAB-R-15-058 by a vote of five to
three (5-3), re' ommending denial of an ordinance to the City Commission concerning amending
the Zoning las of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended Miami 21 Code"), by changing the zoning classification from "T5-R", Urban General -
Restric d, to "T6-8-O", Urban Core - Open, for the Property; and
WHEREAS, on January 28, 2016, the City Commission adopted Ordinance No. 13592
b a vote of four to zero (4-0), amending FLUM of the MCNP pursuant to small scale
mendment procedures subject to Section 163.3187, Florida Statues, by changing the future
SUBSTITUTED
land use designation of the Property from "Medium Multifamily Residential" to "Restrictive
Commercial"; and
WHEREAS on January 28, 2016, the City Commission adopted Ordinance No. 13593 b
a vote of four to zero (4-0), amending the Miami 21 Code by changing the Zoning Classificati
from "T5-R", Urban Center — Restricted, to "T6-8-O," Urban Core— Open, for the Property; . d
WHEREAS, as part of the above -referenced rezoning, the Applicant proffered a
Declaration of Restrictive Covenants ("Covenant") that was accepted by the City Co ission;
and
WHEREAS, the proffered Covenant included the following four (4) restrictio
1. The Property will be developed consistent with the plans titled " .ve of Shorecrest
82nd Street Master Plan" dated July 15, 2015 ("Plan".)
2. The Owners will not increase the proposed floor area (FL , as described in the Plan
by pursuing a "Public Benefits" bonus under the Miami Code.
3. The Property will be developed with a maximum of .2 dwelling units.
4. There will be no commercial uses permitted alo . the Northeast 82 Terrance
frontage of the Property; and
WHEREAS, in the event that the partial relea -/modification is not approved, the
Applicant may be required by the City to submit a c.rrected Declaration of Restrictive
Covenants to ensure that the appropriate Declar. on is recorded against the property in
accordance with the rezoning approval and ac ptance of the Covenant in 2015; and
WHEREAS, the Property is located - ithin the Upper Eastside; and
WHEREAS, the Applicant's su y indicates that the Property site is approximately
98,932 square feet (2.2711 acres); a
WHEREAS, the Applican s requesting a partial release/modification of the proffered
Covenant; and
WHEREAS, the Ap► cant is requesting a release of the following restrictions:
1. That the Pr
erty will be developed consistent with the Plan.
2. That th- •wners will not increase the proposed floor area (FLR), as described in the
Plan, pursuing a "Public Benefits" bonus under the Miami 21 Code.
3. T
Property will be developed with a maximum of 232 dwelling units; and
EREAS, the Planning Department recommends denial of the release of the
Covent as presented by the Applicant and instead recommends approval to only release the
first I .ted restriction related to design of the future development on site to match the Plan, with
co : itions; and
WHEREAS, the City's Planning Department, through its analysis, found that the release
of the first restriction only of the Covenant would be consistent with the goals of the Miami 21
Code and would allow flexibility in the design of future development on the Property; and
SUBSTITUTED
WHEREAS, based on the testimony and evidence presented, after due notice, and an
opportunity to be heard has been afforded to all parties and members of the public, there is/is
not competent substantial evidence in the record to approve the partial release/modification of
the Covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE C Y
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Reso ion are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves/denies the partial release/
Covenant, in a form acceptable to the City Attorney.
dification of the
Section 3. This Resolution shall become effective ten (10) da . upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
This Resolution 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 Resolution, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later