HomeMy WebLinkAboutSubstitution Memo From Planning DepartmentCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Arthur Noriega V, City Manager
DATE March 7, 2024
SUBJECT Substitution of PZ.13 —
Rezoning — 260 NW 79 St
File ID 15310
David Snow
Interim Director, Planning Department ENCLOSURE: Updated Legislation and
Updated Exhibit "B"
The purpose of this Substitution Memorandum for Item PZ.13 on the March 14, 2024 City
Commission Agenda is to provide an updated voluntarily proffered covenant to replace the
attachment titled "Exhibit B — Declaration of Restrictive Covenants" and to update the legislation
to reflect the covenant. The updated covenant provides clarifications requested by the City
staff.
Upon approval, the updated voluntarily proffered Declaration of Restrictive Covenants and the
updated legislation for the - . ve-referenced Rezoning Application will be provided to the City
Clerk's Office for distribu• n o the Mayor and all Commissioners.
Approved:
Arthur N 1 riega V, City Manager
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City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15310
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), 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 "T3-O," SUB -URBAN TRANSECT
ZONE — OPEN, TO "T4-0," GENERAL URBAN TRANSECT ZONE — ";
sA
OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 7816 L4.)
NORTHWEST 2 COURT AND BY CHANGING THE ZONING —
CLASSIFICATION FROM "T6-8-O," URBAN CORE TRANSECT ZONE.-1:
OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE — LIMITED, EOR
THE PROPERTIES GENERALLY LOCATED AT 260 NORTHWEST 79 17J
STREET, 290 NORTHWEST 79 STREET, 294 NORTHWEST 79 STREET, 7835
NORTHWEST 3 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY —
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER
ACCEPTING THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND
INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property is an assemblage of five (5) parcels located at 7816 Northwest
2 Court, 260 Northwest 79 Street, 290 Northwest 79 Street, 294 Northwest 79 Street, 7835
Northwest 3 Avenue, Miami, Florida (collectively the "Property"), totaling approximately 40,330
square feet (0.93 acres) of land; and
WHEREAS, the Applicant has submitted a request to change one (1) parcel of the
Property: 7816 Northwest 2 Court from "T3-O," Sub -Urban Transect Zone — Open, to "T4-O,"
General Urban Transect Zone — Open, and to change the remaining four (4) parcels: 260
Northwest 79 Street, 290 Northwest 79 Street, 294 Northwest 79 Street, and 7835 Northwest 3
Avenue from "T6-8-O," Urban Core Transect Zone — Open, to "T6-8-L," Urban Core Transect
Zone — Limited; and
WHEREAS, the Miami Comprehensive Neighborhood Plan's ("MCNP") Future Land Use
("FLU") designation for 7816 Northwest 2 Court is "Duplex Residential" and the MCNP's FLU
designation for the remaining four (4) parcels 260 Northwest 79 Street, 290 Northwest 79
Street, 294 Northwest 79 Street, and 7835 Northwest 3 Avenue are "General Commercial"; and
WHEREAS, the request to rezone the Property from "T3-O," Sub -Urban Transect Zone —
Open, to "T4-O," General Urban Transect Zone — Open, is inconsistent with the Property's
existing MCNP's FLU of "Duplex Residential," therefore, a concurrent Comprehensive Plan
Amendment is required and has been submitted as a companion application PZ-23-15933; and
City of Miami File ID: 15310 (Revision:) Printed On: 3/7/2024
WHEREAS, the parcel at 290 Northwest 79 Street has one (1) Structure built circa 1959,
and the parcel at 260 Northwest 79 Street has one (1) Structure built circa 1965 and is bordered
by both Commercial and Residential Uses; and
WHEREAS, the Property is bounded by the following thoroughfares: Northwest 79 Street
to the north, Northwest 2 Court to the east, Northwest 77 Street to the south, and Northwest 3
Avenue to the west; and
WHEREAS, the Property is in a portion of the Little Haiti Neighborhood where there are
not a variety of zoning designations, commercial uses, and housing types; and
WHEREAS, the parcel at 7816 Northwest 2 Court was zoned R-2 under Ordinance No.
11000 (the "Previous Zoning Code) which permitted 18 dwelling units per acre; and
WHEREAS, the four (4) parcels at 260 Northwest 79 Street, 290 Northwest 79 Street,
294 Northwest 79 Street, and 7835 Northwest 3 Avenue, were zoned C-2 under previous
Zoning Code, which permitted 65 dwelling units per acre; and
WHEREAS, the proposed "T4-O," General Urban Transect Zone — Open, classification
will result in higher intensity and taller development; and
WHEREAS, the application is consistent with Article 7, Section 7.1.2.8.f.1.a of the
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"); and
WHEREAS, this request to Rezone the Property is consistent with the MCNP's intent of
Policy TR-1.1.5, which makes the request consistent with the rezoning criteria of Section
7.1.2.8.f.1 of the Miami 21 Code; and
WHEREAS, this request to Rezone the Property is consistent with the MCNP's'Objectave
LU-1.2 to promote, facilitate and catalyze the redevelopment and revitalization of blighted;
declining, or threatened residential, commercial and industrial areas, which makes the request_
consistent with the rezoning criteria of Section 7.1.2.8.f.1 of the Miami 21 Code; and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.1.b of
the Miami 21 Code; and
WHEREAS, there are changing conditions to the Zoning Atlas of the Miami 21 Code in
the form of the recently enacted rezone by Ordinance 14024, which is within close proximity to
the Applicant's properties, deeming the changes necessary and consistent with Article 7,
Section 7.1.2.8.f.1.b of the Miami 21 Code; and
WHEREAS, the proposed application is consistent with Article 7, Section 7.1.2.8.f.2 of
the Miami 21 Code in that it is Successional going from om "T3-0," Sub -Urban Transect Zone —
Open to "T4-0," General Urban Transect Zone — Open; and
WHEREAS, the proposed zoning change can be deemed appropriate in light of the
intent of the Miami 21 Code; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 6, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
121 by a vote of six to two (6-2), Item No. PZAB.7, recommending approval of the rezoning
change; and
City of Miami File JD: 15310 (Revision:) Printed On: 3/7/2024
WHEREAS, the Planning Department recommends denial of the rezoning application
from °T3-O," Sub -Urban Transect Zone — Open to "T4-O," General Urban Transect Zone —
Open and recommends denial of the rezoning application from "T6-8-O," Urban Core Transect
Zone — Open, to "T6-8-L," Urban Core Transect Zone — Limited; and
WHEREAS, the Applicant voluntarily proffered a Declaration of Restrictive Covenants,
attached and incorporated as Exhibit "B," to require ten percent (10%) of the Units developed on
the Property be made available for rent by Owner and shall be Affordable Housing Units at
eighty percent (80%) of the Area Median Income (AMI) as published by the United States
Department of Housing and Urban Development, annually, and certified by the City Housing
and Community Development Department; and
WHEREAS, the City Commission has considered the Applicant's justification as well as
the Planning Department recommendation; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the
zoning classification of the parcel located at 7816 Northwest 2 Court from "T3-0," Sub -Urban
Transect Zone — Open, to "T4-O," General Urban Transect Zone — Open, as described in
"Exhibit A," attached and incorporated.
Section 3. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the
zoning classification of the four (4) parcels located at 260 Northwest 79 Street, 290 Northwest
79 Street, 294 Northwest 79 Street, and 7835 Northwest, 3 Avenue, Miami, Florida, from "T6-8-
0," Urban Core Transect Zone — Open, to "T6-8-L," Urban Core Transect Zone — Limited, as
described in "Exhibit A," attached and incorporated.
Section 4. The City Commission hereby accepts the voluntarily proffered Declaration of
Restrictive Covenants, attached and incorporated as Exhibit "B" with the executed Declaration
of Restrictive Covenants to be submitted to the City by the Applicant within 90 days of the
effective date of this Ordinance.
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Section 5. If any section, part of a section, paragraph, clause, phrase, or word o thig
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affectd
Section 6. This Ordinance shall become effective thirty-one (31) days after se@Ortd '
reading and adoption thereof, pursuant and subject to Section 163.3184(12), Floridan gtutet
and Section 163.3187(5)(c), Florida Statutes.' 3n,
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' This Ordinance 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 Ordinance, 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 Mimi File ID: 15310 (Revision:) Printed On: 3/7/2024
Return recorded copy to:
City of Miami
Planning Department
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Document prepared by:
Javier L. Vazquez, Esq.
Berger Singerman LLP
1450 Brickell Avenue
Miami, Florida 33131
EXHIBIT B
Folio: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration"), made
this day of February, 2024, by A. Paigo, LLC., a Florida limited liability company ("A.
Paigo"), and 280 Jap, LLC, a Florida limited liability company ("280 Jap" together with A. Paigo,
collectively, "Owner"), having offices at 3272 NE 13 Street, Pompano Beach, FL 33062 in favor
of the City of Miami, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, A. Paigo holds fee -simple title to certain property in the City of Miami,
Florida, located at (i) 7816 NW 2 Court, Folio: 01-3112-032-0030 ("Parcel A") and (ii) 260 NW
79 Street, Folio: 01-3112-032-0020 ("Parcel B");
WHEREAS, 280 Jap holds fee -simple title to certain property in the City of Miami, Florida,
located at (i) 290 NW 79 Street, Folio: 01-3112-032-0010 ("Parcel C"), (ii) 280 NW 79 Street,
Folio: 01-3112-052-0060 ("Parcel D") and (iii) 7835 NW 3 Avenue, Folio: 01-3112-052-0061
("Parcel E"; together with Parcel A, Parcel B, Parcel C And Parcel D, collectively, .the
"Property") which are legally described in Exhibit A attached hereto and made a part hereof
WHEREAS, pursuant to application number PZ-23-15932, Owner has requested from the
City (i) a change of Parcel A's current zoning designation from T3-O to T4-O, and (ii) a change
of Parcel B's, Parcel C's, Parcel D's and Parcel E's current zoning designation from T6-8-O to
T6-8-L (the "Rezoning");
0
WHEREAS, pursuant to application number PZ-23-15933, Owner has requested from the
City an amendment to the Future Land Use Map of the City's Neighborhood Comprehensive Plan
to change Parcel A's current designation of "Duplex Residential" to "Low Density Restricted
Commercial" (the "FLUM Amendment"; together with the Rezoning, the "Applications");
1
Folios: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
WHEREAS, approval of the Applications will allow Owner to develop the Property into a
mixed -use development with multifamily residential rental units (studios, one bedrooms and two
bedrooms) ("Units"), and a commercial unit on the ground floor (the "Project");
WHEREAS, the Owner is proffering to commit ten percent (10%) of the Units to
households whose income is up to eighty percent (80%) of AMI (as defined herein), which shall
be adjusted for family and unit size ("Affordable Housing Units");
WHEREAS, for purposes of this Declaration, "AMI" shall mean the median income level
for the Miami -Dade County Metropolitan Statistical Area, as established and defined in the annual
schedule published by the Secretary of the U.S. Department of Housing and Urban Development;
NOW THEREFORE, Owner, 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 Owner of the Property, and its heirs, grantees, successors, and
assigns as follows:
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1. Recitals. The recitals and findings set forth in the preamble of this Declaratwv are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Seaton.
2. Use/Restriction.
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a. The Owner hereby covenants and agrees that ten percent (10%j:ofthenits
developed on the Property shall be made available for rent by Owner and shallbe rffoable
Housing Units at eighty percent (80%) of the Area Median Income (AMI) as publied by the
United States Department of Housing and Urban Development, annually, and certified Fiy the City
Housing and Community Development Department.
b. Prior to converting any of the Affordable Housing Units from rental units
to homeownership units, the Owner, or its successors or assigns, must request and receive written
authorization from the City Manager. In the event that the conversion is authorized, the City and
Owner shall coordinate to record covenants on individual units ("Individual Covenants") in a
manner that creates the same amount of Affordable Housing Units specified in this Declaration.
Each Individual Covenant must (i) specify the applicable AMI for any purchaser during the term
of the Individual Covenant and (ii) expire on the same date as this Declaration; and
c. In the event that any of the Affordable Housing Units are sold, the specific
Unit(s) must besold with a purchase cost equal to or less than the standards for those individuals
whose income is at or below the AMI as established herein. Each Affordable Housing Unit sold
shall include a deed restriction that the Unit shall only be sold with a purchase cost equal to or less
than the standards for those individuals whose income is at or below the applicable AMI as
established herein and shall further indicate that the Unit shall only be rented to individuals whose
income is at or below the AMI as established herein. The deed restriction must specify the specific
applicable AMI.
Folios: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
3. Effective Date. This Declaration shall constitute a covenant running with the title
to the Property and be binding upon Owner, its 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.
4. Term of Declaration. This voluntary Declaration on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner, its successors in interest and
assigns for an initial period of thirty (30) years from the date this Declaration 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.
5. Inspection. It is understood and agreed that any official inspector of the City may
have the right at any time during normal working hours of the City's inspector 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.
6. Enforcement. 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 to restrain violations, to recover damages, or for any other remedy
available. In addition, any violation or noncompliance of this Declaration shall be immediately
referred to the Code Compliance Department for enforcement proceedings, lien placement, and
citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both
may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall
be referred to the City Attorney's Office for enforcement, including but not limited to injunctive
relief and/or any other remedies in law or equity. This enforcement provision shall be in addition
to any other remedies available under the law. The use of one remedy shall not preclude the use
of another.
7. Non -Compliance. Any violation or noncompliance of this Declaration regarding
the affordable housing component shall result in a monetary penalty to be deposited into the
Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two
hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided
to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any
body or board including, but not limited, to the Code Enforcement Board.
8. Amendment, Modification, and Release. This Declaration may be modif�gd,
amended, or released as to any portion or all of the Property only after approval byte City
Commission at a publicly noticed hearing. All costs, expenses, and fees associated witileisig
this Declaration shall be the sole responsibility of the party requesting the release. "Kny
amendment, modification, or release approved by the City Commission shall be executed by the
Planning Director, the Zoning Director, and the Housing and Community Development Director,
or their successor, or designee, and be in a form acceptable to the City Attorney.
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Folios: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
9. Severability. Invalidation of any one of these covenants by judgment
not affect any of the other provisions of this Declaration, which shall remain in
effect.
10. Recordation. This Declaration will be e-recorded by the City
Owner's expense, in the public records of Miami -Dade County, Florida upon full
of Court shall
full force and
of Miami, at
execution.
11. 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.
12. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
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Folios: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
Signed, witnessed, executed and acknowledged this day of , 20_
Witnesses: A. PAIGO, LLC,
a Florida limited liability company
Print Name:
Print Name:
STATE OF
COUNTY OF
) SS
By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of physical
presence OR online notarization, this day of , 20 , by
, as of . Personally
Known or Produced Identification
Type of Identification Produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
Folios: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
Signed, witnessed, executed and acknowledged this day of , 20_
Witnesses: 280 JAP, LLC,
a Florida limited liability company
Print Name:
Print Name:
STATE OF )
) SS
COUNTY OF )
By:
Name:
Title:
The foregoing instrument was acknowledged before me by means of physical
presence OR online notarization, this day of , 20_, by
, as of Personally
Known or Produced Identification
Type of Identification Produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
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Folios: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
APPROVED AS TO CONTENTS:
David Snow
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
[George Mensah]
Director
Department of Housing and Community Development
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
Victoria Mendez,
City Attorney
1-4
Folios: 01-3112-032-0030, 01-3112-032-0020, 01-3112-032-0010,
01-3112-052-0060 and 01-3112-052-0061
Exhibit A
Legal Description
Parcel A:
Lots 4 and 5 of Block 1, CROSEL HEIGHTS, according to the Plat thereof, as recorded in Plat
Book 10, Page 32, of the Public Records of Dade County, Florida
Parcel B:
Lots 2 and 3 in Block 1, of CROSEL HEIGHTS, according to the Plat thereof, as recorded in Plat
Book 10, at Page 32, of the Public Records of Dade County, Florida
Parcel C:
Lot 1, Block 1, of CROSEL HEIGHTS, according to the Plat thereof, recorded in Plat Book 10,
Page 32, of the Public Records of Miami -Dade County, Florida.
Parcel D:
Lot 1, Block 2, of RESUBDIVISION OF THE AMENDED PLAT OF ESTELLE PARK NO. 2,
according to the Plat thereof, recorded in Plat Book 42, Page 69, of the Public Records of Miami -
Dade County, Florida.
Parcel E:
Lot 2, Block 2, of RESUBDIVISION OF THE AMENDED PLAT OF ESTELLE PARK NO. 2,
according to the Plat thereof, recorded in Plat Book 42, Page 69, of the Public Records of Miami -
Dade County, Florida.