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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 5 �3 i o SUUSI) 0'1 Awwo -�''ti''' piAnctAiLsozp 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. r^. 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, ccs -0 2>-r 3C M�--� N r— rn ' 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: t-J 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. .,:- -v „Y• 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. c 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 c-� torn •11 rn 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: -o r\J 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.