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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 13953 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 5445 Biscayne Blvd, 5501 Biscayne Blvd APPLICANT(S): Ben Fernandez, Esq., on behalf of ROSA 55 MORNINGSIDE LLCRUBEN MATZ TRSMATZ FAMILY TRUST PURPOSE: To amend a Declaration of Restrictive Covenants FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. City of Miami Legislation Resolution Enactment Number: R-24-0046 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13953 Final Action Date:1/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, 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, ROSA 55 MORNINGSIDE LLC, RUBEN MATZ TRS, and MATZ FAMILY TRUST (collectively, "Applicant") submitted a request for a Special Appearance for an amendment of a Declaration of Restrictive Covenants for the properties generally located at 5445 Biscayne Boulevard ("Property") and 5501 Biscayne Boulevard ("Abutting Property") (collectively, the "Properties"); and WHEREAS, the Property is comprised of 16,670 square feet (0.38 acres); and WHEREAS, the Abutting Property is comprised of 21,801 square feet (0.50 acres); and WHEREAS, the Properties are comprised of 38,471 square feet (0.88 acres); and WHEREAS, there was an application to change the zoning classification for a portion of the Property from "T3-R," Sub -Urban Transect Zone — Restricted, to "T4-O," General Urban Transect Zone — Open; and WHEREAS, the legal description for the portion of the Property that was subject to the rezone is the West 40 feet of Lot 52, of Bayshore Plaza, according to the Plat thereof, as recorded in Plat Book 39, at Page 51, of the Public Records of Miami -Dade County, Florida; and WHEREAS, at its meeting on May 1, 2012, the Historic and Environmental Preservation Board ("HEPB"), following an advertised public hearing, adopted Resolution No. HEPB-2012-28, approving with conditions, a Special Certificate of Appropriateness for new construction of two (2) commercial buildings connected by a pedestrian bridge over Northeast 55 Street, and the reconfiguration of Northeast 55 Street as a roundabout with a fountain located at 5501 and 5445 Biscayne Boulevard, located within the Miami Modern / Biscayne Boulevard Historic District ("MiMo"); and WHEREAS, at its meeting on September 18, 2013, the Miami Planning, Zoning and Appeals Board ("PZAB"), following an advertised public hearing, adopted Resolution No. PZAB- R-13-040 by a vote of seven to three (7-3), recommending approval of the requested change in zoning; and WHEREAS, on March 27, 2014, the Miami City Commission, after careful consideration of the matter, deemed it advisable and in the best interest of the general welfare of the City of Miami ("City") and its inhabitants to change the zoning classification for a portion of the Property to "T4-L," General Urban Transect Zone — Limited, rather than the requested "T4-O," General Urban Transect Zone —Open, via Ordinance No. 13443; and WHEREAS, as part of the application requesting a change in the zoning classification, the applicant proffered a Declaration of Restrictive Covenants ("Covenant") that was accepted by the Miami City Commission; and WHEREAS, the Covenant was recorded in the public records of Miami -Dade County on July 2, 2021 in Public Records Book 32595, Page 788; and WHEREAS, the proffered Declaration of Restrictive Covenants contained the following five (5) restrictions: A. The only T4-L uses permitted on the Property shall be residential uses allowed as a matter of right and as the term "residential uses" is defined by Section 1.1 (a) of the Miami 21 Code and parking to serve the residential uses, as well as commercial parking to serve the abutting T4-L lots to the west. B. There shall be no vehicular ingress from or egress to the T3-R area to the north and the east from the Property. C. A minimum twenty foot (20') set back shall be provided from the Property's east and north property line. Landscaping within this setback area shall include shade trees. Written approval of the landscape plan shall be required by the Planning Department prior to issuance of a building permit. The Owners will maintain all landscaping in a viable condition, at their own expense, for the term of this Covenant. D. The Property shall be developed, within two years of the expiration of the appeal period for appealing the change in zoning classification for this property from T3- R Sub -Urban Zone -Restricted to T4-L General Urban Zone, and in compliance with the plans entitled Morningside Centre, dated 7/24/13. Such plans are acknowledged as being on file with the City and are deemed as being incorporated by reference herein, subject to any Waiver and/or City Commission approval that may be required. E. The Owners further agree to voluntarily knowingly and promptly institute and maintain all applications and attend all hearings to return the Property to its Zoning Classification of T3-R Sub -Urban Zone -Restricted if they have not timely developed the Property within two years as set forth in Section 2 (D) above. The Owners do expressly reserve their ability to develop the Property as allowed by the Miami 21 Code. WHEREAS, at its meeting on November 5, 2019, the HEPB, following an advertised public hearing, adopted Resolution No. HEPB-R-19-057, approving with conditions, a Special Certificate of Appropriateness for new construction of two (2) mixed -use buildings connected by a pedestrian bridge over Northeast 55 Street, and the reconfiguration of Northeast 55 Street as a roundabout with a fountain located at 5501 and 5445 Biscayne Boulevard, located within MiMo; and WHEREAS, the Applicant is requesting an amendment of the proffered Covenant; and WHEREAS, the Applicant has submitted a draft of the Amended and Restated Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B", ("Amended Covenant"); and WHEREAS, the Applicant is requesting the Covenant be amended and that the proffered Amended Covenant contain the following eleven (11) restrictions: A. The only T4-L uses permitted on the Property shall be residential uses allowed as a matter of right and as the term "residential uses" is defined by Section 1.1 (a) of the Miami 21 Code and parking to serve the residential uses, as well as commercial parking to serve the Property and the Abutting Property. B. There shall be no vehicular ingress from or egress to the T-3R area to the north and the east from the Property and the Abutting Property. C. There shall be no access to the roof of any building on the Property or the Abutting Property after midnight. D. There shall be no commercial use, no kitchen facilities, no restrooms or storage rooms on the roof level of any building on the Property or the Abutting Property. E. Any music playing on the roof level of any building on the Property or the Abutting Property shall not be audible from the property line to the east, and no music is permitted whatsoever between 10:00 PM and 8:00 AM. F. All trash from the Property and the Abutting Property shall be maintained in conditioned fully enclosed structures. G. A minimum twenty foot (20') set back shall be provided from the Property's east and north property line. Landscaping within this setback area shall include shade trees. Written approval of the landscape plan shall be required by the Planning Department prior to issuance of a building permit. The Owners will maintain all landscaping in a viable condition, at their own expense, for the term of this Amended Declaration. H. The Property and the Abutting Property shall be developed in substantial compliance with the plans prepared by DB Lewis Architect and MAK WORK, landscape architect, consisting of sixty-two (62) sheets as approved by the Historic Environmental Preservation Board. Such plans are acknowledged as being on file with the City and are deemed as being incorporated by reference herein, subject to any Waiver, Warrant or other zoning approval that may be required. I. No employees or staff of any business on the Property or the Abutting Property shall be allowed to park in the Morningside residential area. J. A solid eight (8) foot high privacy wall, subject to City of Miami approval, shall be installed abutting all T-3 R zoned properties before construction commences on any building. In addition, continuous landscape buffer comprised of Spanish Stoppers or similar native plant species, a minimum of 14 feet high at time of planting, shall be planted on the Property and the Abutting Property, prior to certificate of occupancy, abutting all single family homes, subject to City of Miami approval. K. Together with any residential lease to prospective tenants, Owners shall include a written notice that on -street parking within the Morningside residential area is not approved parking for any building on the Property or the Abutting Property. L. The Owners further agree that these conditions, restrictions and limitations shall be deemed covenants running with the land which shall be recorded in the Public Records of Miami -Dade County within thirty (30) days of acceptance by the City, and that the Owners shall provide the City Department of Hearing Boards with a recorded copy within such time. WHEREAS, the Planning Department recommends approval of the Amended Covenant as presented by the Applicant; and WHEREAS, Amended Covenant will allow the project to proceed without having to revert to the previous zoning classification and with a similar development; and WHEREAS, the City's Planning Department, through its analysis, finds that the Amended Covenant is consistent with the goals of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); 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 an Amendment to the Declaration of a Restrictive Covenants, as stated herein; and WHEREAS, the third Whereas Clause of the attached proposed Amended Covenant shall clarify that the Covenant recorded in July 2021 was the original declaration of restrictions, not a corrected and amended declaration of restrictions; and WHEREAS, the provisions of the Amended Covenant needs to clearly referenced "Amended Covenant" rather than "Declaration"; and WHEREAS, the City Commission finds that the request is appropriate with the conditions as stated in Section 2 herein; NOW, THEREFORE, BE IT RESOLVED BY 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 hereby approves an Amendment to a Declaration of a Restrictive Covenants, attached and incorporated as Exhibit "B", for the properties located at approximately 5445 Biscayne Boulevard and 5501 Biscayne Boulevard, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated, with the following conditions: 1. The site shall be developed in accordance with the plans as prepared by DB Lewis Architect and MAK WORK, landscape architect, consisting of sixty-two (62) sheets submitted as part of application PZ-19-4393. The plans are deemed as being incorporated by reference herein. 2. All glass shall be clear with the option of Low-E. 3. All proposed signage shall be open face aluminum channel letters with copper penny finish with white neon like lighting. To eliminate the signage and the roundabout and on both sides of the pedestrian bridge. 4. All lighting on the exterior of the property and in the parking lot shall be amber in color. 5. The pedestrian bridge shall be limited to the minimum height permitted by Public Works with no signage. 6. Environmental Resources shall review and approve paving materials, walls, and gates to ensure they have no impact trees. 7. The Applicant shall maintain the landscape at the rear of the property that serves as a buffer between the new construction and the residences in the Morningside Historic District. 8. All building permits, including any revisions, shall be reviewed and approved by Preservation Staff or when required by the Historic and Environmental Preservation Board. 9. All site improvements and deviations from the plans referenced in Condition 1 shall be reviewed and approved by Preservation staff or when required by the Historic and Environmental Preservation Board. 10. The proposed palms and trees within the adjacent right of way or within proximity to any sidewalks shall remain, and the actual species shall be subject to the Environmental Resources Division. 11. The Applicant shall comply with all applicable requirements of the Miami 21 Code, as well as Chapter 23 and Chapter 17 of the City of Miami Code of Ordinances. 12. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 13. Environmental Resources shall review and approve paving materials, walls, and gates to ensure they have no impact trees. 14. Valet shall be required for any restaurant/bar uses, prohibiting their use of onsite parking. 15. There shall be no variation during construction of the materials proffered on the plans presented at this hearing. Section 3. This Resolution shall become effective upon its adoption and signature of the Mayor.' 1 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. APPROVED AS TO FORM AND CORRECTNESS: 5/30/2023 rt6 ia it de��S z, pity ttor