HomeMy WebLinkAboutR-20-0356City of Miami
Resolution R-20-0356
Legislation
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 Page 1 of 3 File ID: 8002 (Revision: C) Printed On: 5/12/2025
File ID: 8002 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: 5/12/2025
File ID: 8002 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:
ndez, City Hktor
ey
11/5/2020 ndez, City Attor
ey ) 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: 5/12/2025