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HomeMy WebLinkAboutScrivener's Error Memo;;CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney gL)i,4 DATE: November 16, 2020 l(/� RE: Resolution No. 20-0356 — Special Appearance 460, 500, and 520 NE 82 Ter, and 505, 439, 437, 433, and 421 NE 82 St File No. 8002 At its October 22, 2020 meeting, the City Commission adopted the above -referenced agenda item, PZ.3, allowing a partial release/modification of a declaration of restrictive covenants, in a form acceptable to the City Attorney. The item inadvertently contained an incorrect description of the released restrictions in Section 2 of the Resolution. Specifically, Section 2 should have only included the release of three (3) covenant restrictions, not the release of four (4) covenant restrictions. Additionally, the version was inadvertently incremented from Revision B to Revision C so there are no modifications between those versions. The Legislation has been corrected and incremented to Revision C. VM/BLM/ALK/vj a Enclosure(s) 2poa-cr_kAf);-S Ue_acEd .12AAAn City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8002 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING/DENYING 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, the Planning, Zoning and Appeals Board ("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 application; and 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 PZAB, in agreeance 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 concerning 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 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 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 proffered 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, in the event that the partial release/modification is not approved, the Applicant may be required by the City to submit a corrected Declaration of Restrictive Covenants to ensure that the appropriate Declaration is recorded against the property in accordance with the rezoning approval and acceptance of the Covenant in 2015; and WHEREAS, the Property is located within the Upper Eastside; and WHEREAS, the Applicant's survey indicates that the Property site is approximately 98,932 square feet (2.2711 acres); and WHEREAS, the Applicant is requesting a partial release/modification of the proffered Covenant; and WHEREAS, the Applicant is requesting a release of the following restrictions: 1. That the Property will be developed consistent with the Plan. 2. That 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 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 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 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/denies the partial release/modification of the Covenant, in a form acceptable to the City Attorney. Section 3. This Resolution shall become effective ten (10) days upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: 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 Legislation Resolution: R-20-0356 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 82' 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 concerning 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: A) Printed On: 11/17/2020 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 recommended denial of the release of the Covenant as presented by the Applicant and instead recommended 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, 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 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: A) Printed on: 11/17/2020 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 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. 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: 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: A) Printed on: 11/17/2020 City of Miami Legislation Resolution: R-20-0356 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 82"d 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 City of Miami Page 1 of 3 File ID: 8002 (Revision: B) Printed On: 11/17/2020 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 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 City of Miami Page 2 of 3 File ID: 8002 (Revision: B) Printed on: 11/17/2020 File ID: 8002 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; and 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: ty ttor ey 11/5/2020 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: 8) Printed on: 11/17/2020 City of Miami Legislation Resolution: R-20-0356 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: 11/17/2020 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: 11/17/2020 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: ez, ity ey 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