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HomeMy WebLinkAboutLegislation-SUBfiCity of Miami Resolution R-22-0370 C'I'R I1tlll lulp ,Fy, OCT E Ir;, r,, tOF F CE. E i Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12195 Final Action Date: 9/22/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTY GENERALLY LOCATED AT 399 NORTHEAST 82 TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pelican Harbor Seabird Station Inc, ("Applicant") submitted a request for a Special Appearance for the release of a recorded Declaration of Restrictive Covenants ("Covenant"), attached and incorporated as Exhibit "B," for the property generally located at 399 Northeast 82nd Terrace, Miami, Florida ("Property"), as legally described in "Exhibit "A," attached and incorporated; and WHEREAS, the Covenant was voluntarily proffered and recorded on July 16, 2007, in the Official Records Book 25862, Page 3302, of the Public Records of Miami -Dade County, Florida during a change in the zoning classification of the Property from R-1 (Single Family Residential) to R-2 (Duplex Residential) under Zoning Ordinance No. 11000; and WHEREAS, the Covenant may be released as to the Property, or any portion thereof, by a written instrument executed by the then Owner of the Property subject to the Covenant, provided that the same also is approved by the City of Miami, Florida, after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls; and WHEREAS the zoning classification for the Property is currently T3-O pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS on May 24, 2007, a change in zoning classification was approved, under Ordinance No. 11000, by the City Commission pursuant to City Ordinance No. 12921 for the Property; and WHEREAS, the proffered Declaration of Restrictive Covenants contained the following seven (7) conditions: A. Provide one vehicular access from North East Fourty Avenue into an internal drive to the project and to serve as the access point to all units. If requested by the Fire Department for the life safety needs of the community, a "break -away" metal exit may be provided for use by emergency vehicles only. B. Provide four (4) units within the affordability range of workforce housing as identified by Miami -Dade County. City of Miami Page 1 of 3 File ID: 12195 (Revision: B) Printed On: 10/4/2022 THIS DOCUMENT IS A SUBSTITUTION TO 121 6-1S Lig9i s alion -sub File ID: 12195 Enactment Number: R-22-0370 C. Provide a "look -out" to the Little River Canal, which will be submitted to the Oakland Grove Homeowners Association for design input. Z mz D. Provide a tree mitigation and relocation plan. o a g E. Provide a sidewalk as part of the project on the east side of NE Fourth Avenue. F. Provide the option of the traffic mitigation plan as presented by Richard Garcia and z o Associations to be implemented only by and at the request of the Oakland Grove m tr, Homeowners Association. x 2 G. Provide that the subject property shall not seek a change of zoning for a period of ten a a LL (10) years following the adoption date of the change of zoning from R-1 Single Family i^ x Residential to R-2 Duplex Residential on May 24, 2007; and z a w 2 m = WHEREAS, conditions "A," "B," and "F" have been found to be irrelevant to the current m a 1- development and change in intended use; condition "C" has been proffered as well by the p z a Applicant's new covenant; conditions "D" and "E" will be addressed through the site planning 0 c� z tn process; condition "G" has been satisfied as ten (10) years has lapsed since the adoption of the = p N original rezoning; and 1- WHEREAS, the Planning Department recommends approval and full release of the Declaration of Restrictive Covenants as presented by the Applicant; and WHEREAS, the proposed Approval and full release allows Pelican Harbor Seabird Station, Inc., to accommodate a new Declaration of Restrictive Covenant that better reflects the intended development of the Property as a Community Facility for the rehabilitation of wildlife and open -space conservation; and WHEREAS, any modification, amendment, or release of the Covenant shall be in a form acceptable to the City Attorney; and WHEREAS, the Planning Department has reviewed the application and finds the proposed Special Appearance to release the Covenant is consistent with the goals of the Miami 21 Code by promoting the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City of Miami ("City") and promoting more efficient use of public funds; and WHEREAS, the City Commission, after careful consideration of this matter, finds that it is in the best interest of the general welfare of the City and its inhabitants to approve the release of the recorded Covenant; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY O F 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 release of the recorded Covenant as set forth in Exhibit "B," attache& and incorporated, is hereby approved, and the City administration is hereby authorized' to execute a release. • rll f ,) 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 12195 (Revision: B) Printed on: 10/4/2022 File ID: 12195 Enactment Number: R-22-0370 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar 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. THIS DOCUMENT IS A SUBSTITUTION TO w m z Z w a U � U < 0 Z 0 3 N_ 2 0 l— a p LL o U Z Q w 2 Q Z z w pw City of Miami Page 3 of 3 File ID: 12195 (Revision: B) Printed on: 10/4/2022 OCT -L} 1'_N 10: 34 City of Miami CITY -I LI•= E�j' t/ CL Er, Legislation i'�JAi fI Resolution City Hall 00 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12195 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH TTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RERICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FO" THE PROPERTY GENERALLY LOCATED AT 399 NORTHEAST 82 TER CE, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A' ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAIN! A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pelican Harbor Seabird Station I ("Applicant") submitted a request for a Special Appearance for the release of a recorded •r-claration of Restrictive Covenants ("Covenant"), attached and incorporated as Exhi•.: "B," for the property generally located at 399 Northeast 82nd Terrace, Miami, Florida ("Prope "), as legally described in "Exhibit "A," attached and incorporated; and WHEREAS, the Covenant was vol . tarily proffered and recorded on July 16, 2007, in the Official Records Book 25862, Page 3`.2, of the Public Records of Miami -Dade County, Florida during a change in the zoning c. ssification of the Property from R-1 (Single Family Residential) to R-2 (Duplex Residents..' under Zoning Ordinance No. 11000; and WHEREAS, the Covenant ''.y be released as to the Property, or any portion thereof, by a written instrument executed by e then Owner of the Property subject to the Covenant, provided that the same also is .proved by the City of Miami, Florida, after public hearing with, at a minimum, written notice all property owners within 500 feet of the Property shown on the Miami -Dade County tax roll•', and WHEREAS the ning classification for the Property is currently T3-O pursuant to Ordinance No. 13114, e Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHERE . on May 24, 2007, a change in zoning classification was approved, under Ordinance No. 1000, by the City Commission pursuant to City Ordinance No. 12921 for the Property; and W. REAS, the proffered Declaration of Restrictive Covenants contained the following seven (7 conditions: A. 'rovide one vehicular access from North East Fourty Avenue into an internal drive to the project and to serve as the access point to all units. If requested by the Fire Department for the life safety needs of the community, a "break -away" metal exit may be provided for use by emergency vehicles only. B. Provide four (4) units within the affordability range of workforce housing as identified by Miami -Dade County. C. Provide a "look -out" to the Little River Canal, which will be submitted to the Oakland Grove Homeowners Association for design input. SUBSTITUTED D. Provide a tree mitigation and relocation plan. E. Provide a sidewalk as part of the project on the east side of NE Fourth Ave 'e. F. Provide the option of the traffic mitigation plan as presented by Richard G. cia and Associations to be implemented only by and at the request of the Oakla Grove Homeowners Association. G. Provide that the subject property shall not seek a change of zoning fo a period of ten (10) years following the adoption date of the change of zoning from -1 Single Family Residential to R-2 Duplex Residential on May 24, 2007; and WHEREAS, conditions "A," "B," and "F" have been found to be: relevant to the current development and change in intended use; condition "C" has been pr• ered as well by the Applicant's new covenant; conditions "D" and "E" will be addresserough the site planning process; condition "G" has been satisfied as ten (10) years has I.,-sed since the adoption of the original rezoning; and WHEREAS, the Planning Department recommends ..•proval and full release of the Declaration of Restrictive Covenants as presented by the A..plicant; and WHEREAS, the proposed Approval and full relee allows Pelican Harbor Seabird Station, Inc., to accommodate a new Declaration of R trictive Covenant that better reflects the intended development of the Property as a Commu ; y Facility for the rehabilitation of wildlife and open -space conservation; and WHEREAS, any modification, amendm-:'t, or release of the Covenant shall be in a form acceptable to the City Attorney; and WHEREAS, the Planning Departm: t has reviewed the application and finds the proposed Special Appearance to release ' e Covenant is consistent with the goals of the Miami 21 Code by promoting the public healt safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the ity of Miami ("City") and promoting more efficient use of public funds; and WHEREAS, the City Co ission, after careful consideration of this matter, finds that it is in the best interest of the ge ral welfare of the City and its inhabitants to approve the release of the recorded Covenant; NOW, THEREFO , BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. T recitals and findings contained in the Preamble to this Resolution are adopted by referen and incorporated as if fully set forth in this Section. Section The release of the recorded Covenant as set forth in Exhibit "B," attached and incorporat-., is hereby approved, and the City administration is hereby authorized' -to ,'b'„ execute a rel- -se. Si.f 12ii� i 0 S- ion 3. This Resolution shall become effective immediately upon its adoption. (rr r! he herein authorization is further subject to compliance with all legal requirements that may be mposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 8/26/2022 C.) Ur' C) Th t-- rrt CD CA..)