HomeMy WebLinkAboutExhibit B SUBTHIS ITEM IS A SUBSTITUTION.
THE ORIGINAL CAN BE SEEN AT
THE END OF THIS DOCUMENT.
Submitted into the public
record for item(s) P2.6
on 07-22-2021 , City Clerk
Document prepared by:
Office of City Attorney
Victoria Mendez, City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Attn: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s): 01-4116-008-0011, 01-4116-008-OO1O
(Space Above for Recorder's lise Only)
S UUARlaMhWE,jt1(7. V "N N .
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of June 2021, by 27TH AVENUE AND CORAL WAY, LLC, a Florida limited
liability company having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134
and 27TH AVENUE AND CORAL WAY 2, LLC, a Florida limited liability having offices at
2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 (collectively, the "Owners"), in
favor of the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, Owners holds feesimple title to certain property in the City of Miami,
Florida, located at 2200 SW 27 Avenue and 2222 SW 27 Avenue in Miami, Florida, legally
described in Exhibit A attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
WHEREAS, the Owners are desirous of freely making a voluntary binding commitment
to assure and affirm that the Property shall be developed and maintained in accordance with the
provisions of the Declaration herein.
NOW THEREFORE, the Owners, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged, voluntarily covenants, and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant
running with the land and binding upon the Owners of the Property, and its heirs, grantees,
successors, and assigns as follows:
1. Recitals. The recitals and findings set forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
2. Use/Restriction; Right of Way Improvements Contribution. Prior to the issuance
of a building permit for new construction, the Owner shall contribute one hundred fifty thousand
dollars ($150,000) to the City of Miami towards right-of-way improvements, to be entirely used
along SW 22n4 Terrace in the abutting area and/or neighborhoods within District 4, in the manner
decided by the City. The payment shall be made in full in one lump sum for a total amount of
one hundred fifty thousand dollars ($150,000) by certified or cashier's check payable to the City
of Miami. The Owners affirm it is the Owner's express commitment to make this contribution as
a condition precedent to issuance of the building permit. Once such payment is received the City
will issue a receipt to the Owners which will be proof of the Owner's compliance with this
Section. This contribution is not required should the Property be rezoned to T5-O pursuant to
Section 5.
3. Height. The Property shall be developed at a maximum height not to exceed ten
(10) stories. Building Height is defined in Sec. 1.2, "Definitions of Terms", of the Miami 21
Code which definition is incorporated is incorporated by reference.
4. Parking. The Owners agree that any new development on the Property shall not
be developed with any parking reductions or parking waivers. Parking shall be at minimum as
required by the Miami21 Code, as amended. All parking shall be on site located within the
Property. There shall be no off -site parking.
5. Vehicular Access; Service Area Access. Any new development on the Property
shall include a driveway access from SW 27th Avenue and a driveway exit onto Coral Way, both
subject to Florida Department of Transportation ("FDOT") approval, Miami -Dade County
("County") approval, and approval required under the Miami 21 Code, including modification to
the Property's existing non -conforming access under the Miami 21 Code, or any successor
zoning ordinance. The Owners shall diligently pursue any required FDOT and County approvals
as well as seek any required Waiver(s) or other requirements under the Miami 21 Code, or any
successor zoning ordinance, to effectuate such driveway access, exit, and service area described
herein. If the Owners have not obtained all required FDOT, County, and City approvals,
including any required Waiver, to successfully effectuate the vehicular access, exit, and service
area described here within one (1) year of the City Commission's acceptance of this Declaration,
the Owners freely agree to, within thirty (30) days, meet with City staff and diligently proceed, in
good faith, to agree on a modification to this Declaration or other action by the Owners to
accomplish such, with such modification being applied for by the Owners at their cost for City
Commission decision. The Owner further freely agrees that, if after eighteen (18) months from
the date City Commission accepts this Declaration, the driveway access, exit, and service areas
have not been approved as provided by this Section, the Owner will immediately, at its own cost,
apply for a rezoning of this Property to its former transect zone classification of T5-O. In the
event that an application to modify this Declaration is submitted at any time, the 18-month
timeframe for applying to rezone the Property shall be tolled until a final decision is rendered
with respect to the proposed Declaration modification. In the event of the rezoning of the
Property to T5-O, Owner freely agrees it will not claim any vested or other private property
rights or entitlement to a T6-8-0 or higher density zone. If the Property is rezoned to T5-O
pursuant to this Section, the monetary contribution pursuant to Section 2 of this Declaration shall
not be required and the restrictions related to the physical development of the Property as stated
herein shall be null and void. Notwithstanding, the voluntary proffer that Owner will not claim
any vested rights in the event of a rezoning as stated in this Section will survive.
6. Loading and deliveries. All loading, unloading, deliveries and commercial
services to the Property shall be provided from SW 22" Terrace Monday through Friday no
earlier than 8 am and no later than 6 pm. Loading, unloading, and deliveries are not allowed on
Saturdays or Sundays. These requirements apply each day of each year.
7. Signage. The owner agrees to fund the purchase and installation of any
directional signage related to new development on the Property that the Public Works
Department requires along the right of ways abutting the Property. Signage will comply with
applicable City and County Sign Codes.
8. Ail. Any art provided shall be made an integral part of the design of the
building's facades. In addition, if any Art is required by the Art in Public Program, Chapter 62,
Article XVI, of the City Code, it shall be made an integral part of the design of the building's
facades.
9. Effective Date. This instrument shall constitute a covenant running with the
title to the Property and be binding upon Owners, their heirs, grantees, successors and assigns
upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall
be for the benefit of, and a limitation upon, all present and future owners of the Property and for
the public welfare.
10. Term of Declaration. This voluntary Declaration on the part of the Owners
shall remain in full force and effect and shall be binding upon the Owners, their, successors,
heirs, grantees, 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 periods of ten (10)
years, unless modified, amended, or released prior to the expiration thereof.
11. 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 of
the City of Miami's inspectors to enter upon the Property for the purpose of investigating the use
of the 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. In any such action(s) each party shall bear their own
attorney's fees.
12. Cumulative. All rights, remedies, and privileges gained herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be deemed to
• m,,titute an election of remedies, nor shall it preclude the party exercising the same from
FILE NO. 8997 EXHIBIT B SUB
Submitted into the public
record for item(s) PZ.6
07-22-2021
exercising such other additional rights, remedies or privileges as may be available to it.
13. Amendment, Modification, Release. This instrument may be modified,
amended, or released as to any portion or all of the Property only after the occurrence of a public
hearing, the cost and application for which shall be paid by the Owners, before, and approval
from, the City Commission. Any amendment, modification, or release shall be executed by the
Planning Director and the Zoning Administrator, or their successor or designee, and be in a form
acceptable to the City Attorney. Any release of this. Declaration as described herein approved by
the City shall be executed by the Planning Director and the Zoning Administrator, or their
successor or designee and the release shall be promptly recorded in the Public Records of
Miami -Dade County by the Owners.
14, 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.
15. Recrrdutg. This Declaration shall be filed of record among the Public Records
of Miami -Dade County, Florida, at the cost of the Owners, within thirty (30) days of the
acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City
Department of Hearing Boards within thirty (30) days of recordation.
16. Counterparts/Electronic Signature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile,
PDF, or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
17. No Vested Riglh. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
SIGNATURE PAGES TO FOLLOW
IN WITNESS WHEREOF, the undersigned has set his hand and seal this
June 2021.
WITNESSES; OWNER:
Signature
Print Name
day of
27TH AVENUE AND CORAL WAY, LLC
Managing Member / Partner
Name: Pablo L. Cejas
Title: AMBR
Signature 2199 PONCE DE LEON BOULEVARD
CORAL GABLES, FL 33134
Print Name
STATE OF FLORIDA }
) ss:
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged by means of • physical presence or •
online notarization before me by Pablo L. Cejas, the AMER of 27TH AVENUE AND CORAL
WAY, LLC, on behalf of the limited liability company. He is • personally known to me or •
Submitted into the public
record for itern(s) PZ.6
07-22-2021
has produced , as identification.
(SEAL)
u L
w
Notary Signature a. N• i
Print, Type, or Stamp of Notary cu V
Notary Public, State of Florida ▪ -=
Commission No. 2 a
• L
My commission expires:
- o
= a)
N L c
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
July 2021.
WITNESSES: OWNER:
Signature
Print Name
27TII AVENUE AND CORAL WAY 2, LLC
Managing Member / Partner
Name: Pablo L. Cejas
Title: AMBR
Signature 2199 PONCE DE LEON BOULEVARD
CORAL GABLES, FL 33134
Print Name
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged by means of • physical presence or •
online notarization before me by Pablo L. Cejas, the AMBR of 27TH AVENUE AND CORAL
WAY 2, LLC, on behalf of the limited liability company. He is • personally known to me or •
has produced , as identification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
07-22-2021
APPROVED AS TO CONTENTS:
Cesar M. Garcia -Pons
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
Exhibit A
All of Lots t and 2 and the East 25 feet of Lot 3, Block I, of MIAMI SUBURBAN ACRES,
according to the Plat thereof, recorded In Plat Book 2, at Page 84 of the Public Records
of Miami -Dade County, Florida; save, and excepting therefrom the following: the North
32.8 feet, the East 35 feet and the South to feet for street right of way.
2
07-22-2021
Document prepared by:
Office of City Attorney
Victoria Mendez, City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Attn: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
SUBSTITUTED.
(Spac- Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE C I ENANTS
THIS DECLARATION OF RESTRICTIVE COVEN NTS (the "Declaration"), made this
day of June 2021, by 27TH AVENUE AND 1 RAL WAY, LLC, a Florida limited
liability company having offices at 2199 Ponce de L
n Boulevard, Coral Gables, Florida, 33134
and 27TH AVENUE AND CORAL WAY 2, C, a Florida limited liability having offices at
2199 Ponce de Leon Boulevard, Coral Gab -s, Florida, 33134 (collectively, the "Owners"), in
favor of the City of Miami, Florida, a m icipality of the State of Florida (the "City").
ITNESSETH:
WHEREAS, Owners ho . s fee -simple title to certain property in the City of Miami,
Florida, located at 2200 SW 27 Avenue and 2222 SW 27 Avenue in Miami, Florida, legally
described in Exhibit A
ched hereto and made a part hereof (the "Property"); and
WHEREAS, te Owner sought and obtained a rezoning pursuant to Ordinance No.
for the Property; and
1
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
WHEREAS, the Owners are desirous of freely making a voluntary bind g commitment
to assure and affirm that the Property shall be developed and maintained in . cordance with the
provisions of the Declaration herein.
NOW THEREFORE, the Owners, for valuable considerati ► , the receipt and adequacy
of which are hereby acknowledged, voluntarily covenants, and . rees that the Property shall be
subject to the following restrictions that are intended and shall r e deemed to be a covenant running
with the land and binding upon the Owners of the Prope and its heirs, grantees, successors, and
assigns as follows:
1. Recitals. The recitals and findings :et forth in the preamble of this Declaration are
hereby adopted by reference thereto and inco
rated herein as if fully set forth in this Section.
he suance
2. Use/Restriction- Ri ht of a Improvements Contribution. At the time tof
Temporary Certificate of Occupancy
the Owner shall contribute $100,00
prior to the issuance of a new Certificate of Occupancy,
to the City of Miami towards right-of-way improvements, to
be entirely used in the abutting . ea and/or neighborhoods within District 4, in the manner decided
by the City, along SW 22nd errace in the area of the Property and/or in abutting neighborhoods
within District 4. The ayment shall be made in full in one total amount sum of $100,000 by
certified or cashier' check payable to the City of Miami. The Owners affirm it is the Owner's
express commitent to make this contribution as a condition precedent to issuance of the
Certificate o Occupancy. Once such payment is received the City will issue a receipt to the
Owners ich will be proof of the Owner's compliance with this Section.
2
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
3. Height. The Property shall be developed at a maximum height not to ceed 10
stories. Building Height is defined in Sec. 1.2, "Definitions of Terms", of the . mi 21 Code
which definition is incorporated is incorporated by reference.
4. Parking. The Owners agree that any new development on t • Property shall not be
developed with any parking reductions or parking waivers. Parkin shall be at minimum as
required by the Miami21 Code, as amended. All parking shall . e on site located within the
Property. There shall be no off -site parking.
5. Vehicular Access; Service Area. Any n development on the Property shall
include a driveway access from SW 27th Avenue and , driveway exit onto Coral Way, subject to
Florida Department of Transportation (FDOT) d Miami -Dade County approval. The sole
vehicular entrance to the Property shall be fro r SW 27th Avenue. The sole vehicular exit from the
Property shall be on Coral Way (SW 22nd street). The service entrance/exit, including loading and
unloading areas, and any commerciservices to the Property, shall only be accessed from SW
22nd Terrace.
6. Loadin • and . .. iveries. All loading, unloading, deliveries and commercial services
to the Property shall be ovided from SW 22nd Terrace Monday through Friday no earlier than 8
am and no later tha 6 pm. Loading, unloading, and deliveries are not allowed on Saturdays or
Sundays. These equirements apply each day of each year.
7. Signage. The owner agrees to fund the purchase and installation of any directional
signage elated to new development on the Property that the Public Works Department requires
3
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
along the right of ways abutting the Property. Signage will comply with applicable C and
County Sign Codes.
8. Art. Any art provided shall be made an integral part of the design o the building's
It should be either the Art In Public Places Program OR the Public Art Program
facades. In addition, if any Art is required by the Art in Public Program, Chap -r 62, Article XVI,
of the City Code, it shall be made an integral part of the design of the buil : ing's facades.
9. Effective Date. This instrument shall constitute a cov ant running with the title
to the Property and be binding upon Owners, their heirs, grante-., successors and assigns upon
recordation in the Public Records of Miami -Dade County, Fl• da. These restrictions shall be for
the benefit of, and a limitation upon, all present and fu re owners of the Property and for the
public welfare.
10. Term of Covenant. This voluntary ovenant on the part of the Owners shall remain
in full force and effect and shall be binding pon the Owners, their, successors, heirs, grantees,
and assigns for an initial period of thirty 1) years from the date this instrument is recorded in the
public records and shall be automatic, ly extended for periods of ten (10) years, unless modified,
amended, or released prior to the 'expiration thereof.
11. Insection an. nforcement. It is understood and agreed that any official inspector
of the City of Miami ma have the right at any time during normal working hours of the City of
Miami's inspectors . enter upon the Property for the purpose of investigating the use of the
Property, and for i etermining whether the conditions of this Declaration and the requirements of
the City's bui 1 ing and zoning regulations are being complied with. An action to enforce the terms
and con.' ions of this Declaration may be brought by the City and may be by action at law or in
4
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
equity against any party or person violating or attempting to violate any covena s of this
Declaration or provisions of the building and zoning regulations, either to restrain v'olations or to
recover damages. This enforcement provision shall be in addition to any other medies available
under the law. In any such action(s) each party shall bear their own attorne, s fees.
12. Cumulative. All rights, remedies, and privileges gained erein shall be deemed to
be cumulative and the exercise of any one or more shall neither be d- -med to constitute an election
of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges as may be availabl- o it.
13. Amendment, Modification, Release. Th. instrument may be modified, amended,
or released as to any portion or all of the Property
my after the occurrence of a public hearing,
the cost and application for which shall be paid . the Owners, before, and approval from, the City
Commission. Any amendment, modificatio
or release shall be executed by the Planning Director
and the Zoning Administrator, or their • ccessor or designee, and be in a form acceptable to the
City Attorney. Any release of this ovenant as described herein approved by the City shall be
executed by the Planning Direc +r and the Zoning Administrator, or their successor or designee
and the release shall be pro
Owners.
14. Seve bilit . Invalidation of any one of these covenants by judgment of Court shall
ptly recorded in the Public Records of Miami -Dade County by the
not affect any o the other provisions of this Declaration, which shall remain in full force and
effect.
5
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
15. Recording. This Declaration shall be filed of record among the Public Re •rds of
Miami -Dade County, Florida, at the cost of the Owners, within thirty (30) days of the cceptance
by the City. The Owner shall furnish a copy of the recorded Declaration to the ty Department
of Hearing Boards within thirty (30) days of recordation.
16. Counterparts/Electronic Signature. This Declaration m. be executed in any
number of counterparts, each of which so executed shall be deemed o be an original, and such
counterparts shall together constitute but one and the same Dearation. The parties shall be
entitled to sign and transmit an electronic signature of this Dec . ration (whether by facsimile, PDF,
or other email transmission), which signature shall b Binding on the party whose name is
contained therein. Any party providing an electrons' signature agrees to promptly execute and
deliver to the other parties an original signed De aration upon request.
17. No Vested Rights. Nothing i his Declaration shall be construed to create any
vested rights whatsoever to the Owner, i : successors, or assigns.
IGNATURE PAGES TO FOLLOW
6
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
June, 2021.
WITNESSES:
Signature
Print Name
OWNER:
27TH AVENUE AN 1 CORAL WAY, LLC
Managing Me
Name: Pabl
Title: AM
Signature 2199
CO
Print Name
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
ber / Partner
Cej as
NCE DE LEON BOULEVARD
L GABLES, FL 33134
The foregoing instrument was . owledged by means of ❑ physical presence or ❑ online
notarization before me by Pablo L. jas, the AMBR of 27TH AVENUE AND CORAL WAY,
LLC, on behalf of the limited liaAity company. He is ❑ personally known to me or ❑ has
produced , a• identification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
7
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
IN WITNESS WHEREOF, the undersigned has set his hand and seal this ay of
June, 2021.
WITNESSES: OWNER:
Signature
Print Name
27TH AVENUE AND ' ORAL WAY 2, LLC
Managing Me . er / Partner
Name: Pablo Cejas
Title: AMB
Signature 2199 P • CE DE LEON BOULEVARD
CO' A GABLES, FL 33134
Print Name
STATE OF FLORIDA
) ss:
COUNTY OF MIAMI-DADE)
The foregoing instrument was ac owledged by means of ❑ physical presence or ❑ online
notarization before me by Pablo L. C : as, the AMBR of 27TH AVENUE AND CORAL WAY
2, LLC, on behalf of the limited li. sility company. He is ❑ personally known to me or ❑ has
produced , as 'i entification.
(SEAL)
Notary Signature
Print, Type, or Stamp of Notary
Notary Public, State of Florida
Commission No.
My commission expires:
8
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
APPROVED AS TO CONTENTS:
Cesar M. Garcia -Pons
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez, Esq.
City Attorney
9
SUBSTITUTED.
Declaration of Restrictive Covenants
Folio No(s): 01-4116-008-0011, 01-4116-008-0010
Exhibit A
All of Lots 1 and 2 and the East 25 feet of Lot 3, Block L of MIAMI SUBURBAN ACRES,
according to the Plat thereof, recorded in Plot Book 2, at Page 84 of the Public Record
of Miarr7i-Dade County, Florida; save, and excepting therefrom the following: the N
32.8 feet, the Eost 35 feet and the South 10 feet for street right of way.
10
ProjectDo'
Checklist Comments Report
Project Name: PZ-19-4416
Workflow Started: 06/28/2021 9:28 AM
Report Generated:
07/09/2021 11:42 AM
SUBSTITUTED.
Grouping
Cycle
Ref #
Permit Type
Group Name
Comment Type
Category Type
Reviewer Comment
Applicant Response
Status
Upd By
Last Updated
Completed?
Date Completed
1
Site Development
Permitting
Coordinator
General
Prescreen Review
The zoning Administrator's last
name shall be fixed.
Mr. Goldberg's name has been
corrected.
Met
• nastassia Garcia
06/29/2021 9:49 AM
True
06/29/2021 9:49
AM
Page 7 is not duplicated.
There are two (2) simila
Permitting
named entities tha = m the
Anastassia Garcia
06/29/2021 9:49
2
Site Development
Coordinator
General
Prescreen Review
Page 7 and duplicated
property: 27 • enue and
Met
06/29/2021 9:49 AM
True
AM
Coral _ , LLC and 27th
e . -nue and Coral Way 2, LLC.
Planning
2. Use/Restriction- Su •uld
be in addition to ' - pecific
ROW impr. - ents otherwise
Jeremy Calleros
07/02/2021 3:47
3
Site Development
Executive
General
Department Review
requ' -• per Ch. 54.; Building to
Not Met
Gauger
07/02/2021 3:47 PM
False
PM
Review Group
-.nfirm enforcement
mechanism at C.O.
Planning
4. Parking- Parking reductions
Main Workflow
4
Site Development
Executive
General
:epartment Review
area restricted already due to
Waived
Jeremy Calleros
07/02/2021 4:43 PM
True
07/02/2021 4:43
Review Group
T3 proximity. Proffer is
extraneous.
Gauger
PM
1
5
Site Development
Planning
Executive
Revie oup
General
Department Review
5. Vehicular Access- Per 5.6.4,
Parking shall be accessed from
the Secondary frontage, (SW 22
TER).
Not Met
Jeremy Calleros
Gauger
07/02/2021 3:47 PM
False
07/02/2021 3:47
PM
5. Vehicular Access- 27 Ave
Planning
and Coral Way are Primary
Jeremy Calleros
07/02/2021 3:47
6
Si = :-velopment
Executive
Review Group
General
Department Review
frontages where vehicular
entrance and exits are not
allowed per 5.6.4.c.
Not Met
Gauger
07/02/2021 3:47 PM
False
PM
5. Vehicular Access- Limiting
Planning
parking access to primary
Jeremy Calleros
07/02/2021 3:47
7
Site Development
Executive
Review Group
General
Department Review
streets will force traffic into
surrounding neighborhoods. to
the north and east.
Not Met
Gauger
07/02/2021 3:47 PM
False
PM
ProjectDo c
Checklist Comments Report
SUBSTITUTED.
8
Site Development
Planning
Executive
Review Group
General
Department Review
5. Vehicular Access- Sole exit
on 22nd will not prevent
eastbound traffic on SW 22nd
TERR but will force additional R
turn on Coral Way and R turn
on 27th prior to accessing 22nd
TERR.
Not Met
Jeremy Calleros
Gauger
07/• - " 021 3:47 PM
False
07/02/2021 3:47
PM
5. Vehicular Access- Sole
entrance from 27th (southbound
Planning
only) will force traffic into
Jeremy Calleros
07/02/2021 3:47
9
Site Development
Executive
Review Group
General
Department Review
surrounding neighborhoods as
northbound traffic must find u-
turn locations or circulate
through neighborhoods.
Not Met
Gauger
07/02/2021 3:47 PM
False
PM
Planning
6. Loading- Loading would be
Jeremy Calleros
07/02/2021 4:43
10
Site Development
Executive
Review Group
General
Department Review
located on 22 TER per code.
Proffer is extraneous.
Waived
Gauger
07/02/2021 4:43 PM
True
PM
Main Workflow
1
#2 Right of Way .- • •vements
Land
Contributio•' - s previously
state • ' hecklist item #24,
./2021, there is concern
regarding the timing of the
13
Site Development
Development
Design & Review
Depa •• Review
monetary contribution. If this is
Not Met
Elia Sorice
07/02/2021 3:47 PM
False
07/02/2021 3:47
Review Group
being proffered to address
neighborhood concerns, then
the payment should be made at
the time the covenant is
recorded should the property be
rezoned from T5 to T6-8.
PM
#2 Right of Way Improvements
Contribution: Clarify that the
and
contribution is in addition to any
07/06/2021 5:13
14
Site Dove •. ent
Development
Review Group
Design & Review
Department Review
site specific ROW
improvements that would
otherwise be required pursuant
to Sec. 54-56 of the City Code.
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
ProjectDox
Checklist Comments Report
SUBSTITUTED.
15
Site Development
Land
Development
Review Group
Design & Review
Department Review
#4 Parking: The property is
located within 500 feet of an
ungated T3 Transect Zone;
therefore, is not eligible to
request parking reductions
pursuant to Article 4, Table 4.
This is already regulated by the
Miami 21 Code making this
restriction unnecessary.
Not Met
Elia Sorice
7/06/2021 5:13 PM
False
07/06/2021 5:13
PM
#5 Vehicular Access; Service
Area: Has a traffic analysis
been conducted that deems
Land
ingress and egress from SW 27
07/06/2021 5:13
16
Site Development
Development
Review Group
Design & Review
Department Review
AV and Coral Way, respectively,
appropriate? There is concern
that restricting single points of
entry will force traffic into I.:.
streets.
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
#5 Vehicul- cess; Service
Main Workflow
1
Area: ' • suant to Section 5.6.4,
ing shall be accessed from
Secondary Frontage.
Determination of Principal and
Secondary Frontages, and
subsequently the location of
Land
ingress/egress/service areas will
07/06/2021 5:13
17
Site Development
Development
Review Group
Design & : - 'iew
Department Review
be verified at time of
redevelopment and will be
required to comply with
applicable City and FDOT
regulations. The location of
service entries is already
regulated through Miami 21
rendering this service area
restriction unnecessary.
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
#6 Loading and deliveries.
Land
Remove language referencing
07/06/2021 5:13
18
Site Development
Development
Review Group
Design & Review
Department Review
specific location of service area
(from SW 22 TER) as this is
already regulated by Miami 21.
Not Met
Elia Sorice
07/06/2021 5:13 PM
False
PM
ProjectDox
Checklist Comments Report
SUBSTITUTED.
Main Workflow
1
19
Site Development
Land
Development
Review Group
Design & Review
Department Review
#8 Art. This restriction is
unnecessary as AIPP
requirements are already
regulated pursuant to Article 11
of Miami 21 and Chapter 62 of
the City Code. Given the
propertys prominent location,
the incorporation of art can
create a sense of identity for the
project and neighborhood and is
strongly encouraged.
Not Met
Elia So '
07/06/2021 5:14 PM
False
07/06/2021 5:14
PM
20
Site Development
Zone
Administrator
General
Department Review
(Placeholder 1) Insert your text
here.
Not Met
Daniel Goldberg
07/07/2021 5:11 PM
False
07/07/2021 5:11
PM
21
Site Development
Zoning
Administrator
General
Department Review
(Placeholder 2) Insert your text
here.
Not Met
Daniel Goldberg
07/07/2021 5:11 PM
False
07/07/2021 5:11
PM
22
Site Development
Zone
Administrator
General
Department Review
(Placeholder 3) Insert yo xt
here.
Not Met
Daniel Goldberg
07/07/2021 5:11 PM
False
07/07/2021 5:11
PM
Project
Department Review Status Report
SUBSTITUTED.
Project Name: PZ-19-4416
Workflow Started: 06/28/2021 9:28 AM
Report Generated: 07/09/2021 11:42 AM
Cycle
Department
Reviewer
Email
Status
Reviewer Comments
Applicant Comments
1
Land Development
Supervisor
Kemarr Brown
kbrown@miamigov.com
Planning Executive
Assignment Group
Kemarr Brown
kbrown@miamigov.com
Land Development
Review Group
Elia Sorice
ESorice@miamigov.com
Corrections Required
checklist items.
Planning Executive
Review Group
Jeremy Calleros Gauger
jcallerosgauger@miamigov.com
Corrections Required Please - -r to checklist items. Items are numbered per
section in the proffered covenant.
OCI-Transportation
Collin Worth
CWorth@miamigov.com
Staff Review Complete
Approved with Conditions
If the goal is to reduce neighborhood intrusion, I am not
clear as to why loading is intended to take place from
SW 22nd Ter. Loading should be internalized, it is
unclear that it will be internalized and loading vehicles
should enter from one of the driveways from Coral Way
or SW 27th Ave. Driveway access should be limited. A
site plan that clearly identifies
driveways/maneuverability as well as a traffic study for
the planned development and a traffic sufficiency letter
is required prior to issuance of building permit. Review
of covenant was the only task set for Transportation at
this time.
Public Works Review
Group
Simon Shuler
SShmuekler@miamigov.com
RPW is not agreement with this covenant. Permit
applicant will be responsible for right of way
improvements subject to City Code Ch. 54-56. Platting
issue is to be resolve prior to Building permit
application.
Zoning Review Group
'imberly Marcellus
KMarcellus@miamigov.com
Review Unnecessary
Sent in error.
Planning Administratio
Hellena Lahens
HLahens@miamigov.com
Staff Review Complete
Zoning Admii'_ ator
Daniel Goldberg
dagoldberg@miamigov.com
Corrections Required
Review completed. Comments in checklist.
SUBSTITUTED.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Cesar Garcia -Pons, Director of Planning DATE : July 8, 2021
FROM : Daniel S. Goldberg, Zoning Director/Administrator
Goldberg,
Daniel
fired by Goldberg, amel
Date IDe1,07.081835e7--0e•00'
SUBJECT : 2200 & 2222 SW 27th Avenue — Zonin Comments for Proffered
Covenant in Connection with Re-zon'. g (PZ-19-4416)
REFERENCES:
ENCLOSURES:
The Office of Zoning's comments for the covenant proffered in connection with the re-zoni
(Acella File ID #8997) are as follows:
of the abovementioned properties
For paragraph #3 of the covenant related to height: The proffered ten (10) Stoi height limit is acceptable as T6-8-O allows a
maximum of twelve (12) Stories with eight (8) allowed by right and up to
ur (4) additional Stories by bonus. However, the
paragraph should be reworded to clarify that those two (2) additional , ores above eight (8) would be obtained by bonus so as not
to create any argument that the Commission, if it accepts the profr, has somehow allowed those two (2) additional Stories by
right.
For paragraph #4 of the covenant related to parking: he proffer is acceptable to restrict the use of parking reductions. However,
to avoid confusion, it should be clarified if the . king sharing factor will be allowed assuming there is a mix of uses in a
subsequent project entitling the applicant ti rse parking sharing.
For paragraph #5 of the covenant r• ated to vehicular access: The site would likely have SW 22nd Street (Coral Way) and SW
27th Avenue designated as Pri cipal Frontages and SW 22nd Terrace as a Secondary Frontage, precluding access to parking to or
from Southwest 27th Ave re and Coral Way per Section 5.6.4(c) of Miami 21. While it is possible that an existing access point on
Southwest 27th Ave . e and /or Coral Way could be used to justify a Waiver for a nonconforming site improvement to allow this,
the covenant canof operate to require the City to issue such a Waiver, assuming after a review the Waiver is justified.
cc. ; emarr Brown, Assistant Director of Planning
Ilelena Lahens, Planner I
SUBSTITUTED.
Lee, Erica
From: Brown, Kemarr
Sent: Thursday, July 8, 2021 1:59 PM
To: Lee, Erica
Subject: FW: June 24 CC Meeting Item_PZ.1_File ID 8997 PZ-19-4416
Erica,
Please incorporate the below additional comments in record.
Best Regards,
Stay Updated on the work of the Miami 21 Taskforce here.
eBUILDER
CITY Of MATH
Kemarr L. Brown, LL.M, MA.IA
Assistant Director
Enterprise Program Manager
Planning Department
444 SW 2nd Avenue, 3rd Floor, Miami L 33130
Phone: (305) 416-1081
Email: kbrown@miamigov.com
For E-Plan Info: enter .rise .ro - cts@miamigov.com
For Planning ePlan inquiries eplanpz@miamigov.com
For eBuilder inquires: ebu. der@miamigov.com
To learn more about Things ePlan, visit our website
here.
Jon us at a tr
class on Eve
mg event, view and register for a
brite.
Subscrib- to our Youtube channel to view training video.
From: Shuler, Simon <SShmue er@miamigov.com>
Sent: Thursday, July 8, 2021 :43 PM
To: Brown, Kemarr <KBro @miamigov.com>
Subject: FW: June 24 CC eeting Item_PZ.1_File ID 8997 PZ-19-4416
Please see complet
comments for PZ-19-4416 need to be updated.
"The header of e document PZD-10 is missing address only folio number. Exhibit A is to be signed and sealed sketch
and legal doc - ment uploaded to the drawing folder PZD-8 shall be part of PZD-10.
RPW is not agreement with this covenant. Permit applicant will be responsible for right of way improvements subject to
City Cod: Ch. 54-56. Platting issue is to be resolve prior to Building permit application."
Tha you.
1
SUBSTITUTED.
Best Regards,
Simon Shuler
Civil Engineer — Consultant
Department of Resilience & Public Works
City of Miami
Miami Riverside Center
444 SW end Avenue, 8th Floor, Miami, FL 3313o
Ph: 305.416.1174
Email: simonshuler@miamigov.com;
sshmuekler@miamigov.com
2