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Home My WebLink AboutSubmittal-Iris Escarra-Art Plaza In. Rezoning ApplicationSubmitted into the publi.�Z I record fo iter(s) r on5711-10 _ City Clerk Art Plaza,, Ll Rezoning Application 01 IL City of Miami Commission Q � - Submitted into the publi�Z record f it (s) Art Plaza, LLC on -�) (I � City Clerk Letterof Intent............................................................................... 1 ExhibitBoard.................................................................................. 2 Downtown Development Authority Boundary Map..............3 OMNI CRA Boundary Map..........................................................4 City Residential Density Increase Area Map ........................... 5 City Urban Central Business District Map .................................. 6 Prior Rezoning Approval for Similar Development .................. 7 Declaration of Restrictive Covenants.......................................8 MIA 1857909590 mGreenbergTraurig Mr. Francisco Garcia City of Miami Planning and Zoning Department 444 S.W. 2nd Avenue, 3 rd Floor Miami Riverside Center Miami, FL 33130 Submitted into theP ub 'c fccord for item(s) _U I t% . City Clerk January 10, 2017 Iris V. Escarra Tel(305)579-0737 escarrai@gtlaw.com RE: Art Plaza LLC/ Letter of Intent and Application for Rezoning for properties located at 1336 NE 1 Avenue, 1348 NE 1 Avenue, 1366 NE 1 Avenue, 58 NE 14 Street, 50 NE 14 Street, 1335 NE Miami Court, Miami, Florida Dear Francisco: On behalf of Art Plaza LLC, (the "Applicant"), we respectfully submit the enclosed Application for Rezoning of the properties located at 1336 NE 1 Avenue, 1348 NE 1 Avenue, 1366 NE 1 Avenue, 58 NE 14 Street, 50 NE 14 Street, 1335 NE Miami Court, Miami, Florida, (collectively, the "Subject Property"). Please consider this correspondence as the Applicant's Letter of Intent and analysis pursuant to Article 7.1.2.8(c)(2)(g) of Miami 21. The Applicant seeks to develop the Subject Property as a mixed-use development with multi -family residential use, ground floor retail and requisite parking. PROPERTY INFORMATION According to the information on the Miami -Dade County Property Appraiser's website, the Subject Property is approximately 53,025 square feet or 1.22 acres in gross area and currently consists of mostly vacant and unimproved lots. Additionally, running down the center of the Subject Property from NE 14 Street to NE 13th Terrace is a 10 -foot alleyway as provided in Plat Book B at Page 87 and Plat Book 6 at Page 43 of the Public Records of Miami -Dade County, Florida. �M iER Image 1 GREENBERG TRAURIG, PA. ■ ATTORNEYS AT LAW ■ WWW.GTLAW.COM 333 S.E. 2nd Avenue ■ Suite 4400 ■ Miami, FL 33131-3238 ■ Tel 305.579.0500 ■ Fax 305.579.0717 Submitted into the pub Uc Letter of Intent for Submittal of Application for Rezoning record fo item(s) YZ, Art Plaza on City Clerk FUTURE LAND USE The City's Future Land Use Map ("FLUM") of the City's Comprehensive Neighborhood Plan (the "Comprehensive Plan") designates the Subject Property as General Commercial. Under the City's Comprehensive Plan, the Subject Property's General Commercial designation permits hotel, office, retail, restaurants, and "general entertainment facility" uses. Additionally, the General Commercial designation permits the development of residential units to a maximum density equivalent to High Density Multifamily Residential (i.e., 150 residential dwelling units per acre); however, because the Subject Property is located within the Omni Residential Density Increase Area, the density permitted at the Subject Property is 500 residential units per acre. Accordingly, the Applicant's proposed mixed use multi -family residential development at the Subject Property is permitted under the General Commercial designation of the Comprehensive Plan and is in keeping with its specific goals, objectives and policies as included on pages 8 and 9 of this correspondence as well as the request to rezone the Subject Property to T6 -24B-0. ANALYSIS OF REQUEST FOR REZONING As per Miami 21, the current zoning for the Subject Property is T6 -24A-0. The Applicant now proposes and hereby submits the enclosed application for approval of a zoning change for the Subject Property from T6 -24A-0 to T6 -24B-0 pursuant to the successional zoning requirements of Article 7.1.2.8 of Miami 21. For the reasons outlined below, the proposed rezoning is consistent and appropriate for the Subject Property and should be approved. NEA -1 TH' TER 0 Image 2 1. The Subject Property is located in Urban Central Business District supporting the rezoning to T6 -24B-0. The Subject Property is located in the center of the Urban Central Business District (the "UCBD"). The Comprehensive Plan defines the UCBD as containing high intensity, high density multi -use development which includes retail, entertainment facilities and high-density residential uses. Accordingly, the Applicant's proposed rezoning to T6 -24B-0 for development of a mixed MIA 985595094x4 GRFENBERG TRAURIG, RA - ATTORNEYS AT LAW • WWWGTLAWCOM t•A 1 ..y- � NEA -1 TH' TER 0 Image 2 1. The Subject Property is located in Urban Central Business District supporting the rezoning to T6 -24B-0. The Subject Property is located in the center of the Urban Central Business District (the "UCBD"). The Comprehensive Plan defines the UCBD as containing high intensity, high density multi -use development which includes retail, entertainment facilities and high-density residential uses. Accordingly, the Applicant's proposed rezoning to T6 -24B-0 for development of a mixed MIA 985595094x4 GRFENBERG TRAURIG, RA - ATTORNEYS AT LAW • WWWGTLAWCOM Siuhmitted into the public 10cord foite (s) Letter of Intent for Submittal of Application for Rezoning - � City Clerk Art Plaza use multi -use residential structure at the Subject Property is appropriate due to the Subject Property's location within the boundaries of the City's UCBD. As previously, mentioned the UCBD contemplates and encourages the development of high-intensity and high-density residential and commercial development such as that proposed by the Applicant. 2. The Subject Property is in the Omni Community Redevelopment Area as well as the Performing Arts Center District supporting the rezoning to T6 -24B -O. The Subject Property is also located in the Omni Community Redevelopment Area (the "OMNI CRA") and the Performing Arts Center District (the "PAC District"). In recent years, development of the PAC DISTRICT has made the OMNI CRA a hub of culture, dining, shopping and entertainment. Future developments for the area including the Omni Media Towers and hotel developments proposed within the area have also led to an increased demand in multi- family residential housing, hotel use, and commercial space, including retail use, in the area. High density and high intensity residential towers dominate the skyline along Biscayne Boulevard across the City's newly established Museum Park. The existing and proposed multi- family residential uses continue along Biscayne Boulevard into the OMNI CRA and Edgewater areas. The OMNI CRA has long been seen as the point of connection between Downtown Miami and the areas of Design District, Midtown and Wynwood creating an ideal location for both residents and visitors to live, work and play. The proposed ground floor retail on the Subject Property will create active pedestrian areas by providing connectivity with the surrounding commercial spaces and create a gathering place for both visitors and residents of the OMNI CRA. 3. The proposed rezoning will permit a cohesive and unified development with increased Floor Area at the Subject Property in accordance with the guiding principles of Miami 21. The Subject Property's existing T6 -24A-0 zoning designation permits bonus building floor areas 30% above what is permitted by right; whereas, the proposed rezoning to T6 -24B-0 will permit a cohesive and unified development by permitting a floor area 40% above the available floor area by right. This increase in floor area will permit increased development which will be consistent with the character, scale and uses of the surrounding area. Moreover, the proximity to downtown Miami enhances the need for maximum lot coverage to further promote the much needed residential and commercial development in the area. 4. The current Floor Lot Ratio under the existing zoning is inconsistent with the City's Comprehensive Plan. Attached is a data sheet comparing the development standards under the existing T6 - 24A -0 and the proposed T6 -24B-0. The existing zoning permits a multiplier of only 7 for the Floor Lot Ratio (the "FLR"), which is inconsistent with the permitted development under the Comprehensive Plan and Miami 21 for Subject Property. By right, the Subject Property is permitted development up to 48 stories, but the current zoning would meet its FLR max at MIA 985595094v4 GREEN BERG TR.AUR. IG. PA. ■ AI I0RNEYS A- LAW • b' VANI G -LAV COiit Submitted into the public Letter of Intent for Submittal of Application for Rezoning record fo ite (s) ' Art Plaza °n . 7 City Clerk approximately 21 stories. The rezoning to T6-2413-0 would permit an FLR multiplier of 16, which would result in development that is consistent with the City's plans for the Subject Property and surrounding area given its Comprehensive Plan designation, as well as the availability of mass transit to serve residents and visitors discussed further below. Additionally, as previously mentioned, the Subject Property's designation as General Commercial under the City's Comprehensive Plan, permits density of up to 150 dwelling units per acre, and the current zoning permits 500 dwelling units per acre. Without the rezoning, the Subject Property would not be able to achieve its viable development potential in permitted stories or density under Miami 21 and the Comprehensive Plan. The rezoning will correct the clear error in the Subject Property's current zoning. 5. An analysis of the development and use pattern for the immediate vicinity of the Subject Property supports the proposed rezoning to T6 -24B-0. The properties located immediately to the East of the Subject Property up until Biscayne Bay are zoned T6 -24A-0. The properties located immediately to the South of the Subject Property are zoned T6 -24A-0. The Subject Property does not adjoin or abut any single-family residential neighborhoods. The property located at 1657 N Miami Avenue, located North of the Subject Property, was recently improved for the development of Filling Station Lofts, with a 16 -story 81 - unit multifamily structure with retail space located on the ground floor. See Image 3 below. Image 3 The property located at 235 NE 14 Street, located to the East of the Subject Property, was recently approved for the development of Melody Towers, a 36 -story 496 -unit multi- family mixed-use development. This project is currently under construction. See Image 4 below. MIA 1855950944 GREENBERG TRAURIG, P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM Letter of Intent for Submittal of Application for Rezoning Art Plaza Submitted into the publi record fo ite (s) oz. , on % City Clerk Image 4 • The property located at 1630 NE 1 Avenue, located North of the Subject Property, is currently being redeveloped as Canvas Condos, a 37 -story 513 -unit multi- family mixed use development. This project is currently under construction. See Image 5 below. Image 5 MIA 1855950944 GREENBERG TRAURIG, P.A ■ ATTORNEYS AT LAW - WWW GTLAW.COM Submitted into the publ'c record r itMs) s) �L Letter of Intent for Submittal of Application for Rezoning O1 City f Clerk Art Plaza The property located at 1749 NE Miami Court, located North of the Subject Property, was approved to be redeveloped as Parc Lofts, a 72 -unit multi -family mixed-use development. See Image 6 below. Image 6 6. The changing conditions and recent redevelopment in the immediate vicinity of the Subject Property warrant the proposed rezoning to T6- 2413-0. As previously mentioned, the Subject Property is located in an emerging area of the City. Residents are trending less towards urban sprawl and seeking out residences with pedestrian - friendly accommodations. Moreover, Downtown Miami, Edgewater, and other emerging areas within the OMNI CRA point to the need of maximum use of every parcel available. Residents want to live, work and play in neighborhoods without the need for their own personal transportation. The Subject Property is located within the Miami -Dade County Transit MetroBus, MetroMover and MetroRail systems. As such, any development at the Subject Property under Miami 21 will incorporate the increased nearby transit opportunities in order to promote walkability in conformance with the principles of Miami 21. The rapid growth of the surrounding area supports and demands the zoning change to a higher transect zone designation promoting growth along major thoroughfares. The character of the surrounding areas has evolved to consist of more liberal commercial uses and higher scale multifamily residential uses which has served as a catalyst in the revitalization of the area and stimulated economic growth and jobs in the OMNI CRA and surrounding neighborhoods. CONCLUSION In light of the foregoing, the proposed rezoning of the Subject Property, pursuant to the Rezoning Application to T6-2413-0 is appropriate due to the proximity of the site to a rapidly MIA 1855950944 GREENBERG TRAURIG. P.A. ■ ATTORNEYS AT LAW ■ W W W.GTLAW.COM Submitted into the pubic record fo ite — (, Letter of Intent for Submittal of Application for Rezoning on City Clerk Art Plaza developing commercial and residential area, is consistent with the scale, character and uses located in the immediate vicinity, is compatible with the established land use pattern in the area. It is important to note that the multiplier for FLR is the only change in the development standards with the approval of the proposed rezoning. The Applicant's proposed rezoning from T6 -24A-0 to T6-2413-0 is consistent with the City's vision and plans for the OMNI CRA, as well as the underlying General Commercial land use designation. Moreover, the network of public transit available to serve the Subject Property makes evident that the area was always envisioned as a bustling neighborhood to live, work and play. The proposed development at the Subject Property complements the existing and proposed development approvals in the immediate vicinity such as the recently approved and currently under construction Filling Station, Melody, Canvas Condos, and Parc Lofts developments as well as the City's efforts to expand the uses in the area to attract visitors and residents alike. The rezoning to T6-2413-0 will allow redevelopment to meet the intent and goals of Miami 21, through development standards including required retail frontages, habitable liners, pedestrian friendly development, active facades, etc., improving the property and neighborhood overall. Please note that pursuant to Article 7.1.2.8(c)(2)(g) of Miami 21, the proposed Rezoning of the Subject Property is in conformance with the Comprehensive Plan, the established land use pattern for the adjacent properties and the immediate area, and in scale with the needs of the neighborhood. Specifically, the Applicant's proposed is consistent with Miami 21's intent and the zoning and comprehensive plan designations for the adjoining properties and neighborhood of expanding mixed uses and urban development to the Omni area. Enclosed please find the Rezoning Application, a check payable to the City for the associated filing fees for the applications, and a survey of the Subject Property. If you require any additional information or would like to discuss further this request, please contact me at 305- 579-0737. Thank you for your attention to and favorable consideration of this matter. Sincerely, Iris V. Escarra Enclosures MIA 185595094x4 GREENBERG TRAURIG, P.A. ■ ATTORNEYS AT LAW ■ WWW.GTLAWCOM Submitted into the pub]' record fo ite (s) L lk Letter of Intent for Submittal of Application for Rezoning on City Clerk Art Plaza Comprehensive Plan Objectives and Policies Furthered 4Y Rezonin • Policy LU -1.1.1: Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami -Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(1), F.S. Policy LU -1.1.7: Land development regulations and policies will allow for the development and redevelopment of well-designed mixed-use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. • Objective LU -1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public-private redevelopment initiatives and revitalization programs including, where appropriate, historic designations. Objective LU -1.3: The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well-designed, mixed-use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City's land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE). Policy LU -1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. Objective LU -1.6: Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan. MIA 9855950944 GREEN5ERGTRAURG,PA. ■ ATTORNEYS .ATL?.W ■ WWWGTLAWCOM Submitted into the public record fo% ite (s) 7, Letter of Intent for Submittal of Application for Rezoning on J ( City Cleric Art Plaza + Policy LU -1.6.3: The City's Planning Department shall review all proposals to amend the City's Zoning Ordinance and any other land development regulations, and shall report as to the consistency between any proposed amendment and the MCNP, to the Planning Advisory Board, the City's "local planning agency," which will then forward its recommendation to the City Commission for approval and adoption. MIA 185595094x4 MIA 185595094v4 GREENBERG TRAURIG, P.A. 0 ATTORNEYS AT LAW ■ WWW.GTLAW.COM T6 -24a vs. T6 -24b DATA SHEET -CALCULATIONS BASED ON MIAMI21 ZONING CODE A (GENERAL SITE INFORMATION oNwo uaaNA,lotlwm. ART PLAZA An v -n- 1339 NE i A— 1335 NE 1 Arenue, 1J66 NE +Arenas. 335 NE Mmrti tion, en090 st to Slreel tln9 6tl NE. to Slnnl T6 -24a URBAN CORE ZONE ART PLAZA IA Art pl= 1336 NE 1 Arena., l3ae 1JE r e, n N NE 1 nrenun, 10J3 NE Miomi C9a4 ...In NF 1. Slreel em SB NE Ia Slreel T6 -24b URBAN CORE ZONE a siE rvtef. NET LOT AREA ,u,u Ns, Lor uca a519a> plOKatGn 1pTu Nn Lm uta aFrF,n 1v ocomArroN uoNa ua. s° 5!,037 of 1.J7 aces NO CHANGE - 50,551 sf 1.16 ann -- PENM1'ILO naOWEO KRYMKp NOWtEn ! ° ltl3NlR6.rgr40in9gE 55! R55 NO CHANGE NO CHANGE u SrpNS w/BONUS reM wl9 =r w maoao x nNlr PR°L,wo A4AOLE F.L0. FI R. Bn SEAR •NE]LOr MEA r t K0, ]!o 5],OT 51],SE] ToSaw,.°.,, uw ..F]]! Se CHANGE xlq, ALPLR Sn,ATi MA aO FT.ONER PIA PEWREO SO R. ovEq iI PLOORa RE9aE5TE0 Id t LOi [OKRAOE 9FENt:a4L ',°" 7'. --1 (--'� NO CHANGE le]K EY tPgCE CAIpNLATgN r0 t' � OMx4Pe9E REO'IrIN Te.yy �- -: eONnWaAltM t>tn>t a+ONfa IOPEu 19 xJ0.<I � r YY{OkTi U' �CPtlu nF¢a r 3 r rLn - `"""'""T°"""°' NO CHANGE ]u,n TOIK ALLOWS A FULL 48 STORY BUILDING ART PLAZA PerFMp for 655 UnItS callow 0on5iiy) +.5 OvrAmll MAX. FLR 519,0375f 562 Parklnp apanaa Mn9rE;np nFacna NO CHANGE O 6e CD .. C r� s✓ x T6 -24a vs. T6 -24b DATA SHFET - CALCULATIONS BASED ON MIAMI21 ZONING CODE A GENERAL SfEE INFORMATION ART PLAZA ART PLAZA M Mnaa1]3R NF 1 AVMnue, 13NF, 1]60 NE Avenue, An plat! r ]iE NE 1 A—,1]a0 NE Mumpue. N COVn, end 53 Eta Suael1335NE end 50 ,AVa,11<-NE Arenue, 1135 NE Miva,Conn. NE to Sh«I entl 50 NE 1< Suae1 pM 5B NE 11 Sheet 1 YDxva DnRsairnxlwpFa MY1RH l TG -24a URBAN CORE ZONE T8 -24b URBAN CORE ZONE .X.1I ERE MEA NET LOT AREA TOTAL NET LOT MEA BEiORE n6nlurwN YOTxL MET LOl AREA V*C* 1Y <' DEDWATION MONO 1Mn SxeN 57,0]7 a/ rdt scan 50,551 sl 1 18 acres PSRatRTeO nRDvn{D PDRMrtiFD ADVpEO )�OEMMT, Epa VNrtS rNET LOT ACRE NO CHANGE :'.INTvxr RDSnlcrnMf r-3«1.^<. �Ewus 3e s< .1<ND.us NO CHANGE aERui+Ti� PRovnDD-'"P€b'::r7f'ac n-ovaa _ 'D'!AvuuaLE FLR cLP+rvnfEi LP .Nf.T LOr wREn TI Si0 - . ewnso st Err pcse� auxui!.tpw/x,., 1,p -m ]n, n,1 CHANGE TOTaL I.LR stn.pp> 1117 Da SOFT OVERF.LR PERMIFlEO iO IT. DV[R la nlaOhi REOUDftED P-1- LOVERAOE 9. ,. � w. NO CHANGE r' DaEN fence 1n, j�—�I— �� IORFT aPAOfi CALONATM1x YO Cnl'�en<;q n00 ••>/LR Fvr LL ``COMPlNM1EM° eRi<rt0ilE6 tr'ER 1:t CJD'. V'1 1nY S.oaS S,Na N„E.!ER Oa CtIFN fpefl rl. qn NO CHANGE :Ls'EN fL1'WLCr ALLOWS A FULL 48 STORY BUILDING ART PLAZA Garking!Or 635 Uni!s (altuw tlene0yl 1 5 pRi/unil 502 k1nNO CHANGE MAX. FLR 519,0373( DR. D,peces 3D2perklnDapace, cn n � o a a 0 �rD a� `yam. m 14 Miami DDA ►�' _ .�,�:w Boundary n A� ti +i > -`�41 r`i w f FkI •. y . f f * • a '{ r f ►'";'• 1 _ � Illi R / s -.. n OMNI CRA Boundary LID � �:�; ;' ; -�: r ria.. 7a,�. 51• � ` �;, T lam w r Urban Central Business District A - Boundary ` qu M °' sAW 1 w i, i School Boar 5 _ , Station Sub�•ect �,yy��'�� Ai ai �; . 1 v, Property Lp A., w MI. Submitted into the publ' record fo ite (s) on � City Clerk Source: Miami-Dade County ITO, Miami DDA DDAM I A M I D DA Updated July 3, 2013 DDWNIOWN1lEYEL➢PMEd7 AUTH� Miami Boundary IVW 17,THt_ uj 40, ot six I ix NAVENETIANtD LWN MI—'. , -- -- — ET;IAL VENETIAN CS WV NE 12?H ST NE 19TH TER sh E ST f ITHST' Gy Ngj [51 Submitted into the pub�c record f'or iter (s) on '� �. City Clerk Volume 1 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN GOALS OBJECTIVES POLICIES City of Miami Planning Department 444 SW 2nd Avenue • Miami, FL 33130 October 2015 The Miami Comprehensive Neighborhood Plan was adopted as Ordinance 10544 on February 9, 1989 and has been amended by the City Commission through October 22, 2015. J! City of Miami JtT-flt — 1-1 � Residential Density Increase Areas ff 2020 Future Land Use Map October 2015 11411 11 =111L III_1lII IIR1117111 ,.r swill Ill 1111110 Mill I 1 I Willi all 111■IIY11 21W119 nil Mill nil 011111111 III' -11 III= a 11111 InIs in I, I llu aiml i■lm 6E 1111=l111F. Nizz alm. 8111=WE IG Mill Inn: _? R,,i— W Density Increase Ar— 2015 N ="IA121 WE + S 111— Ill 1Z Kim B. 7u NE 13TH SS T5% X --[J !*%-113951EX RD F-13, LU E FL�AGI ---SE-11 ST s -r ITH ST SE 7TAT H ST SE 8TH ST 6 JIT Submitted into the pubfic record fo iter] S) h on 5 76 . City ( lerk MACARTHUR� IETIAN WAY Area Map City of Miami J." N Submitted into the pub 'c record for ite (s) 7, on City Clerk Volume 1 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN GOALS OBJECTIVES POLICIES * INC ORP A ORATED p � 18 City of Miami Planning Department 444 SW 2nd Avenue • Miami, FL 33130 October 2015 The Miami Comprehensive Neighborhood Plan was adopted as Ordinance 10544 on February 9, 1989 and has been amended by the City Commission through October 22, 2015. - - City of Miami NW 3RD ST NW 20TH R � Urban Central Business District r� 3' Q NW IST ST z Q 2020 Future Land Use Map � U NW 19TH IT February 2010 z z Z v NW 18TH ST a z r x 3 NW 17TH ST 3 > ¢ r z > z NW 16TH ER Z m v Q NW 16TH ST z z z z it M 1395 EXPY NW 15TH ST NW 14TH ST SRgs. a a 2 x x U F z w T 1: Z z''TyZ z z > M a W T ~ sr�O z T E r- yid S rys � m 'r z z y`pT,QO z NW 9TH ST NW 8TH ST NNW 7TH ST NW 7TH ST N NW 4TH ST NW 3RD ST Area Map Q � NW 2ND ST r� 3' Q NW IST ST z F I � m SW 2ND ST U) SW 3RD ST SW4TH ST U v S > I- 3 _ a U N N F k 3SW 6TH ST N ro rn N U) SW 7T ST �� a SW 8TH ST z N U < SW 9TH ST F rn x = m 3 3 U) SW 10TH ST 1 U) a) SW 11TH ST S/y H ��,PJ e e�, � y�5 1P, 0 w5y�ti`' JS�7sT rya P Legend _ mUrban Central Business 0istrkt IP, �IPA yr 19 0 • 990.1 .---a 0.2 m OA Miles Q NE 20ftTFR NE 20TH ST_>ubmitted intros the public Wt eco d fo Ie{ City 1�11i NE 14TH 7TH 1STST♦ X SE 0 z CSWY NE 13TH STi� MACARTHUR CSWY SA4,,,,y i m T am 0 Area Map t 1 City of Miami , File Number: 14-00054ze City of Miami Certified Copy Submitted into the pub]* record fo - ite (S) , on 51`�I City Clerl: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Enactment Number: 13619 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM 76-24-0" URBAN CORE ZONE -OPEN TO 76-2413-0" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; FURTHER ACCEPTING A COVENANT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B", RESERVING NINETY-SIX (96) RESIDENTIAL UNITS AS WORKFORCE HOUSING; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 5, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-020, by a vote of three to five (3-5), item No. 14, recommending APPROVAL, which failed, constituting a recommendation of denial of the Zoning Change originally requested which was to "76-36-0" Urban Core Zone -Open; and WHEREAS, 14 Plaza Corporation ("Applicant") has voluntarily proffered a covenant, in substantially the form attached as Exhibit "B", that will reserve ninety-six (96) of the total number of residential units as workforce housing units; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE 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 Ordinance No. 13114, as amended, is further amended by changing the zoning classification from 76-24-0" Urban Core Zone -Open to 76-2413-0" Urban Core Zone -Open, for the property located at approximately 1410, 1420, 1424, and 1432 Northeast Miami Place; 1415, 1421, 1425, 1433, and 1445 Northeast Miami Court; and 47, 55, and 67 Northeast 14th Street, Miami, Florida, as described in Exhibit "A", attached and incorporated, Section 3. The Applicant shall record the restrictive covenant, in substantially the form attached as Exhibit "B", within thirty (30) days of the effective date of this ordinance and provide copy of said recordation to the City of Miami Planning and Zoning Department and the City Attorney's Office. City of miwni Page 1 oj4 13619 File Number: 14-00054ze Submitted into the publi� record fo iter on �City Cleric Enactment Number: 13619 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes. {1} Date: MAY 22, 2014 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER SARNOFF Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND HARDEMON ABSENT: 1 - COMMISSIONER(S) CAROLLO Action: DEFERRED Date: JULY 10, 2014 Mover: COMMISSIONER CAROLLO Seconder: COMMISSIONER SARNOFF Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND HARDEMON ABSENT: 1 - COMMISSIONER(S) SUAREZ Action: DEFERRED Date: SEPTEMBER 29, 2014 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER CAROLLO Vote: AYES: 4 - COMMISSIONER(S) SARNOFF, CAROLLO, SUAREZ AND HARDEMON ABSENT: 1 - COMMISSIONER(S) GORT Action: DEFERRED Date: NOVEMBER 20, 2014 Mover: VICE CHAIR HARDEMON Seconder: COMMISSIONER SARNOFF Vote: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND HARDEMON ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ Action: DEFERRED Date: JANUARY 22, 2015 Mover: COMMISSIONER SARNOFF Seconder: VICE CHAIR HARDEMON Vote: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND HARDEMON ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ Action: DEFERRED City of Miami Page 2 of 4 13619 Submitted into the pub]' record fo ite s on r C �� • City Clerk File Number: 14-00054zc Enactment Number: 13619 Date: MARCH 26, 2015 Mover: COMMISSIONER SARNOFF Seconder: COMMISSIONER SUAREZ Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO AND SUAREZ ABSENT: 1 - COMMISSIONER(S) HARDEMON Action: DEFERRED Date: JUNE 25, 2015 Mover: VICE CHAIR HARDEMON Seconder: COMMISSIONER SARNOFF Vote: AYES: 3 - COMMISSIONER(S) GORT, SARNOFF AND HARDEMON ABSENT: 2 - COMMISSIONER(S) CAROLLO AND SUAREZ Action: DEFERRED Date: SEPTEMBER 24, 2015 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER CAROLLO Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND HARDEMON Action: DEFERRED Date: DECEMBER 10, 2015 Mover: COMMISSIONER CAROLLO Seconder: COMMISSIONER SUAREZ Vote: AYES: 4 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO AND SUAREZ ABSENT: 1 - COMMISSIONER(S) HARDEMON Action: DEFERRED Date: MARCH 24, 2016 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER GORT Vote: AYES: 5 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON Action: INDEFINITELY DEFERRED Date: JULY 14, 2016 Mover: COMMISSIONER SUAREZ Seconder: COMMISSIONER CAROLLO Vote: AYES: 5 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON Action: PASSED ON FIRST READING WITH MODIFICATIONS Date: JULY 29, 2016 City of Miami Page 3 oJ4 13619 Fite Number: 14-00054re Submitted into the public record fite s} , on �% City Clerk Enactment Number: 13619 Date: JULY 29, 2016 Mover: VICE CHAIR RUSSELL Seconder: COMMISSIONER CAROLLO Vote: AYES: 5 - COMMISSIONER(S) GORT, RUSSELL, CAROLLO, SUAREZ AND HARDEMON Action: ADOPTED WITH MODIFICATIONS Date: AUGUST 8, 2016 Action: SIGNED BY THE MAYOR I, Todd B. Hannon, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that this constitutes a true and correct copy of Ordinance No. 13619, with attachments, passed by the City Commission on 7/29/2016. Deputy Clerk (for Todd B. Hannon, City Clerk) nuOUst 25, 2016 Date Certified {1} 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 Qf Aflau,i Page .1 o d 13619 Submitted into the public record f°� it (S) n, 1 on_,,,; City Clerk l File Number: 14-00054zc Version: 5 City of Miami Master Report Enactment Number: 13619 File Type: Ordinance Reference: File Name: Rezoning - 1410-32 NE Mia P1/141545 NE Mia Ct/47-55-67 NE 14 St Submitted into the public record for itejp(s) Q'%, 0 on J 111 /17 City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Status: Passed Controlling Body: Office of the City Clerk Introduced: 1/21/2014 Requester: Cost: Final Action: 7/29/2016 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T6-24-0" URBAN CORE ZONE -OPEN TO "76-2413-0" URBAN CORE ZONE -OPEN, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1410, 1420, 1424, AND 1432 NORTHEAST MIAMI PLACE; 1415, 1421, 1425, 1433, AND 1445 NORTHEAST MIAMI COURT; AND 47, 55, AND 67 NORTHEAST 14TH STREET, MIAMI, FLORIDA; FURTHER ACCEPTING A COVENANT, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B", RESERVING NINETY-SIX (96) RESIDENTIAL UNITS AS WORKFORCE HOUSING; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 14-00054zc PZAB 03-05-14 Supporting Docs.pdf,14-00054zc 05-22-14 FR Fact Sheet.pdf,14-00054zc 05-22-14 FR Analysis, Maps, Concurrency, Application.pdf,l4-00054zc 05-22-14 Legislation (v.2).pdf,14-00054ze 07-10-14 FR Fact Sheet.pdf,14-00054ze 09-29-14 FR Fact Sheet.pdf,14-00054zc 11-20-14 FR Fact Sheet.pdf,14-00054zc 01-22-15 FR Fact Sheet.pdf,14-00054ze 03-26-15 CC FR Fact Sheet.pdf,14-00054ze 06-25-15 CC FR Fact Sheet.pdf,14-00054zc 12-10-15 CC FR Fact Sheet.pdf,14-00054ze 03-24-16 CC FR Fact Sheet.pdf,14-00054zc 07-14-16 CC FR Fact Sheet.pdf,14-00054zc Legislation (v3).pdf,14-00054zc 07-29-16 CC SR Fact Sheet.pdf,14-00054zc Analysis, Maps & PZAB Reso.pdf,14-00054ze Application & Supporting Documents.pdf,14-00054zc Legislation (v4).pdf,14-00054zc Exhibit.pdf,14-00054zc Exhibit B - SUB.pdf,14-00054zc-Submittal-Iris Escarra-Housing Income Limits Chart.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Planning, Zoning and 3/5/2014 Recommended Fail Appeals Board Approval with Conditions 2 Office of the City 5/21/2014 Reviewed and Attorney Approved 2 City Commission 5/22/2014 DEFERRED Pass 2 City Commission 7/10/2014 DEFERRED Pass City of Miami Page I Printed on 8/25/2016 5 Office of the City Clerk 8/8/2016 Signed and Attested by City Clerk 5 Office of the City 8/15/2016 Reviewed and Attorney Approved Action Note: MODIFICATIONS MADE TO LEGISLATION AND EXHIBIT "B". City of Miami Page 2 Primed on 8/15/1016 Submitted into the public record for ite (s) P Z► I on j City Clerk �. City of Miami City Hall 3500 Pan American Drive ' Miami, FL 33133 • utur unu ,!: �off% � ,oma Master Report www.miamigov.com Enactment Number: 13619 3 Office of the City 9/26/2014 Reviewed and Attorney Approved 3 City Commission 9/29/2014 DEFERRED Pass 3 City Commission 11/20/2014 DEFERRED Pass 3 City Commission 1/22/2015 DEFERRED Pass 3 City Commission 3/26/2015 DEFERRED Pass 3 City Commission 6/25/2015 DEFERRED Pass 3 City Commission 9/24/2015 DEFERRED Pass 3 City Commission 12/10/2015 DEFERRED Pass 3 City Commission 3/24/2016 INDEFINITELY Pass DEFERRED 4 City Commission 7/14/2016 PASSED ON FIRST Pass READING WITH MODIFICATIONS 4 Office of the City 7/20/2016 Reviewed and Attorney Approved 5 City Commission 7/29/2016 ADOPTED WITH Pass MODIFICATIONS 5 Office of the Mayor 8/8/2016 Signed by the Mayor Office of the City Clerk 5 Office of the City Clerk 8/8/2016 Signed and Attested by City Clerk 5 Office of the City 8/15/2016 Reviewed and Attorney Approved Action Note: MODIFICATIONS MADE TO LEGISLATION AND EXHIBIT "B". City of Miami Page 2 Primed on 8/15/1016 Submitted into the public record for ite s 9L, l on I / City Clerk Exhibit "A" LEGAL. DESCRIPTION: THE LAND DESCRIEED HEREON IS AS PER THE TITLE COMMITMENT PREPARED BY FIRST AMERICiN] TITLE IN5L1;7ANCE COMPANY, FILE NUMBER: 17$6&4287: LOT 3, IN BLOCK 17, OF ROBB[NS-GRAWI AHO CHILLINMYORTH ADDMON TO THE QTY of MWIL ACCQZDING TO THE MT TIiEREOF, AS RECORDED IN PLAT BOOK W, AT PAr6 0 K OIF THE PUBLIC RECORCIS OF MIAMI-DADECOUNTY, FLORILUI LOTS 5, 6, AND NORTH Vi OF IAT 7 AND ALL OF IAT B IN BLOCK 17 OF ROG8INS GW WFI AND QiRLf NGSLVoRTH ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED R! PUT SOOX W. PAGE 49 % OF THE PUBLIC RECORDS OF MIAMI -DARE COUNTY, PLORILYL LATS 9 AND 12 LESS THE NORTH 1 FOOT OF LAT 9, BLOCX 17, OF NORTi MW41, MORE OD1 LIIONLY KN05V11 AS ROMLN5IR1AXAM AND CHILLDIGSVIORTH ADDITION, NSS%LDM TO THE PWT THEREOF RECORDED IN PIAT BOOK A, PAGE 49 Vi, OF THE PUBLIC RECORDS OF MLOII-DADS COUNTY, FLORIDA. SOUTH HALF OF OJT 7, IN BLOCK 17 OF NORTH AWU, ACCDRDRIG TO THE PLAT THEREOF RECORDED IN PLAT BOOK -A- AT PAGE 49 Vi, OF THE PuB7.1C RECORDS OF MIAMI-oADE axurY, LRDRILL1 THE LAND DE XRIBED HEREON IS AS PER THE TITLE COMMITMENT PREPARED BY FIRST AMERICAN TITLE INSMAN0E COMPANY, FILE NUMBER: 17568-0288 . LAT 10, IN BLOCK 17, OB ROBMHS, GWUHAM AND CfiWX+Gfi%VORTH SUBOMSION, ACCORDING TO THE PLAT THEREOF, AS ReMADE D IN PLAT BOOK'A', AT PAGE 49h OF THE PUBLIC REOO>.4DS OF MIAISIiaLDE COUNTY, PLARWAL THE UW DES(RWM HEREON 6 AS PER THE TITLE COMMTH•LENT PREPARED BY FIRST AMERICAN TITLE 114SLJPMCE COMPANY, FILE NU40M UNIVERSAL UMPSR1SE5, INC. LOT 11, BIDOC 17, OMROE Vl- AND CMUINGSWORTi, ACCORDING TO THE PLAT TKY.EOf AS RECORDED IN PLAT BOOK "A', PAGE(S) 49 Vi OF THE PU811C RECORDS OF ML*U-DA DE COUNTY, FLORIN MAP OF BOUNDARY SURVEY _ i 11 , �opsYrP•+... 1.,f�r •1 '�J -- 1! 1-- , 17 I I m --- w.•�ili .""^ .olc "' 1� a ... _ -. - - - - - � i 1 toI_ �♦0♦ o t 3 a' iii/ ♦ o GE e 1 i ♦ IM si�anT j _ f � � � � , ` - � u � � �LOCATION MAP 1 ♦'t ; .� 6 �I 2� SURVEYOR'S NOTES I REPORT: ..r... ..i< 17' S6'! •0.00' " lit �.... _ _ �_..� - .••rq � •� •1l�arr4Ni..ruP- �� ' ✓. h. 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Address: Greenberg Traurig, P.A. 333 SE 2nd Avenue Miami, Florida 33131 DECLARATION OF RESTRICTIVE COVENANTS Submitted into the pub i I record f9r it (s) on 5 ( 11 / 0 City Clerk THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2016, by 14 Plaza Corp., a Florida profit corporation having offices at 425 N.E. 22nd Street, Suite #301, Miami, Florida 33137 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 1424 N.E. Miami Place, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner intends to build the above approved development on the Property as Mixed -Use Residential with Commercial area on the ground floor and will reserve ninety-six (96) of the total number of residential units as workforce housing units (the "Units"); and WHEREAS, Owner has applied to the City of Miami for the waiver of developmental impact fees related to the number of Units of the project pursuant to the eligibility requirements for deferral of impact fees per Section 13-8 and 13-16 of the City Code; and MIA 1853871660 14 Exv,b',a 6 - S V b THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, Submitted into the publi record f r it m(s) Z ; on S City Clerk WHEREAS, Owner is desirous of deferring these developmental impact fees until such time as the Units no longer qualify as workforce housing units. WHEREAS, the City acknowledges that upon the closing of the Units by Owner; Owner will no longer be responsible for any monies due should the Units cease to meet the applicable criteria of the impact fee deferral program and shall be released in accordance with this covenant. NOW, THEREFORE, the Owner; during its ownership of the Units, or its successors and assigns, (the "Subsequent Unit Owner"),. voluntarily covenants and agrees'that when the Unit no longer qualifies as a workforce housing unit that the development impact fees that would be normally due at the time of the issuance of this permit for this development would become due and payable to the City and the Owner, during its ownership of the Unit or the Subsequent Unit Owner, will promptly pay, within thirty (30) days, in full such fees. The Owner, during its ownership of the Unit or -the Subsequent Unit Owner, agrees that this will be a covenant running with the land and binding upon the Ownef of the Property, its successors in interest 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. Workforce Housing_ Restriction. Owner shall reserve ninety-six (96) of the total number of residential units as workforce housing units (the "Units") described as housing priced up to 140% of the -area median income as certified by the City of Miami's Department of Community and Economic Development. - — THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE MIA 185387�86v1 SEEN AT THE END OF THIS DOCUMENT. Submitted into the pubs' record for ite �� s) on 6 � � � � City Clerk 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, during its ownership of the Unit or the Subsequent Unit Owner, its successors and assigns upon recordation in the Public Records of Miami-laade 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 Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, during its ownership of the Unit, or the Subsequent Unit Owner its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and presuming that the Owner or Subsequent Unit Owner is in compliance with every term and condition herein, shall be automatically extended for two (2) successive periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. 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 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 THIS DOCUMENT IS A SUBSTITUTION TO MIA 1653671660 ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Submitted into the public record f r M ___L °n City Clerk IN WITNESS WHEREOF, the undersigned has set his hand and sea] this day of 92016. Witnessed by: Name: Name: 14 Plaza Corp,, A Florida profit corporation By: Martin Ferreira de Melo STATE OF FLORIDA . ) ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged.before me this day of 2016 by Martin Ferreira de Melo, of 14 Plaza Corp.- He personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. -My commission expires: MIA 185387188vi THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. E Submitted into the public record fol�te�n(s} ?Z' I � • on ((1177 City Clerk IN WITNESS WHEREOF, the undersigned has set his hand and seal this 2016. ATTEST: Print Name: r Print Name: 01 STATE OF FLORIDA day of CITY OF MIAMI, a municipal corporation of the State of Florida By: Daniel J. Alfonso, City Manager ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of , 2016 by Daniel J. Alfonso, as City Manager of the City of -Miami. He personally appeared before me, is personally known to me or produced as identification. I APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department MIA 1853671660 Name: Notary Public, State of Florida Commission No. My commission expires: George Mensah, Director Community and Economic Development THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Submitted into the publi� record fo ite s) •. �� I °n City Clerk Exhibit "A" THE LAND DESCRIBED HEREON 15 AS PER THE TITLE COMMITMENT PREPARED BY FIRST AMERICAN TITLE INSURANCE COMPANT, FILE'NUMER 17568-0283. LOT 3, IN BLOCK 17, OF ROBBINS-GRAHAM AND CHILLINGSWORTH ADDITION THE CITY OF MIAMI, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", AT PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOTS 5, 6, AND NRTH 1/2 OF LOT 7 AND ALL OF LOT 8 IN BLOCK 17 OF ROBBINS- GRAHAM AND CHILLINGSWORTH ADDITION, ACCORDING TO THE PLAT THEREOF, AS. RECORDED IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOTS 9 AND 12 LESS THE NORTH 1 FOOT OF LOT 9, BLOCK 17, OF NORTH MIAMI, MORE COMMONLY KNOWN AS ROBBINS-CHILLINGSWORTH ADDITION, ACCORDING TO TI4E PLAT THEREOF RECORDED IN PLAT BOOK "A", PAGE 49 1/2, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.' SOUTH HALF OF LOT 7, IN BLOCK .17 OF NORTH MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "A" AT PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOT 4, BLOCK 17, OF ROBBINS, GRAHAM AND CHILLINGWORTHS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. MIA 1853671660 'THIS DOCUMENT IS A SUBSTITUTION TO; ORIGINAL. BACKUP ORIGINAL CAN BE � SEEN AT THE END OF THIS DOCUMENT. Submitted into the pli I record fo,, i on 6/1107City Clerk SUBSTITUTED This i ant prepared by, and after recording return to: tSc�^vsrn¢ctf^ riMt �rr� Mr Name: Iris V. Esearte, Esq. Address: Greenberg Traurig, P.A. 333 SE 21 Avenue iami, Florida 33131 DEC TION OF RESTRICTIVE COVENANTS THIS DECLARATI OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of 2016, by 14 Plaza Corp., a Florida profit corporation having t offices at 425 N.E. 22nd Street, Suite 01, Miami, Florida 33137 (the "Owner"), in favor of the City of Miami, Florida, a municipality of State of Florida (the "City"). WITN WHEREAS, Owner holds fee -simple titl Florida, located at 1424 N.E. Miami Place, legally SETH: certain property in the City of Miami, bed in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner intends to develop the Property a ixed-Use Residential building with 710 Units with Commercial area on the ground floor with a oximately 282,000 Square Feet of bonus pursuant to Zoning Ordinance 13114, as amended of th ity of Miami ("Miami 21") Section 3.14 Public Benefits Program; and WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in ' cordance with Miami 21 Section 3.14.4 (a)(I )l with the the reservation of .ninety-six (96) of the to number of residential units equaling approximately one hundred and forty-one thousand square et as ' Affordable/workforce housing on site of the development. For each square foot of affordable/%wrkforce hbusing (including pertaining space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. Submitted into the public record for iten (s) _ °n Jr /� �- City Clerk SUBSTITUTED wo orce housing units, as defined in City Code Section 13-9 (the "Units for workforce housin well"as, through Public Plaza dedication and improvements in accordance with Miami 21 tion 3.14.4 (b)(1)(i) and (ii) ; and Owner es that this will be a covenant running with the land and binding upon the Owner of the Prope its successors in interest and assigns, as follows: 1. Recitals. he recitals and findings set forth in the preamble of this Declaration are hereby adopted by ref nce thereto and incorporated herein as if fully set forth in this Section. 2, Public Benefit Pro : Workforce Housing Restriction. Owner has agreed to satisfy the Public Benefits Bonus in \eawith Miami 21 Section 3.14,4 (a)(1.) with the reservation of ninety-six (96) of the toof residential units equaling approximately one hundred and forty-one thousand squa, 00 SF) as workforce housing units as defined in City Code Section 13-5 (the "Unitorc ousing"). Furthermore, Owner shall not sell, lease,or otherwise convey any inUnits any consideration in excess of 140% of the area median income as deterhe Departm t of Community and Economic Development. 3. Public Benefit Pro ram: Plaza Dedication and Imoro'%ments. Owner has also agreed to provide as an alternative satisfaction of the Public Benefit\thland laza on the Property and abutting the School Board Metro mover Stop, incluand plaza improvements as part of the redevelopment of the Property. : WorVoree housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value, o onlhl rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is 80 percent to 140 percent of area median income as determined by the department of community and economic development in relation to the affordable housing and workforce housing impact fee deferral program provided for in this article. 7 Submitted into the public record�fo� ite i s) oft F1 City Clerk SUBSTITUTED 4. Effective Date. This instrument shall constitute a covenant running with the title to the erty and be binding upon Owner, its successors and assigns upon recordation in the Public Rec s of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a limitation n, all present and future owners of,the Property and for the public welfare. S. Term f Covena t. This voluntary covenant on the part of the Owner shall remain in full force and ect and shall be binding upon the Owner, its successors in interest and assigns for an initial period thirty (30) years from the date this instrument is recorded in the public records, and shall be a matically extended for periods of ten (10) years, unless modified, amended or released pr to the expiration thereof. However, use restrictions regarding work force housing, any such restrictions shall not exceed those twenty (20) years, in accordance with Florida Statute 420. 6. Inspection and Enforcement. It ' understood and agreed that any official inspector of the City of Miami may have the right at y time during normal working hours to enter upon the Property for the purpose of investigate the use of the, Property, and for determining whether the conditions of this Declaration an the requirements of the City's building and zoning regulations are being complied with. An a\any e the terms and conditions of this Declaration may be brought by the City and ion at law or in equity against any party or person violating or attempting to venants of this Declaration or provisions of the building and zoning regulations,in violations or to recover damages. This enforcement provision shall be in ao r remedies available under the law. Submitted into the publi record for iter i s City Clerk SUBSTITUTED 7. Amendment and Modification. This instrument may be modified, amended, or releas as to any portion or all of the Property only after occurrence of either (1) satisfaction by other me permitted by Section 3.14 of Miami 21, including but not limited to payment into the City of mi Affordable/Workforce Housing Trust Fund of $2,851,000 (282,000 SF x $10:11) as satisfac n of the Public Benefit Program or (2) a public hearing before the Planning Zoning and Appe Board and the City Commission. Any amendment or modification approved by City Commission shall be executed by the City Manager, his successor, or designee, and be i form acceptable to the City Attorney. 8. Severability. Invali 'on of any one of these covenants by judgment of Court shall not affect any of the other provisi of this Declaration,. which shall remain in full force and effect. 9. Recording. This Declaration sha Miami -Dade County, Florida, at the cost of the recorded Declaration to the City Department of J recordation. filed of record among the Public Records of The Owner shall furnish a copy of the Boards within thirty (30) days of SIGNATURE PAGES TO FOLLO Submitted into the public record fo ite ,(s , On `� 7 City Clerk SUBSTITUTED IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2016. Witnessed by: Name: Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) 14 Plaza Corp., A Florida profit corporation By: Martin Ferreira de Melo The foregoing instrument was acknowledg before me this day of 2016 by Martin Ferreira de Melo, of 14 Plaza C He personally appeared before me, is personally known to me or produced as ide 'fication, Name: Notary Public, Sta of Florida Commission No. My commission expir -3111-1-miltted into the publT 1,Ccova flor,•itcy(s) - efty Clerk Submitted into the public recoi-ci f r ite: 1(s) — -C'-4-t ;perk SUBSTITUTED Exhibit "A" THE L DESCRIBED HEREON 15 AS PER THE TITLE COMMITMENT PREPARED BY FIRS MERICAN TITLE INSURANCE COMPANT, FILE NUMER 17568-0283. LOT 3, IN B CK 17, OF ROBBINS-GRAHAM AND CHILLMGSWORTH ADDITION THE CITY OF I, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "A", AT- GE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOTS 5, 6, AND NRT 2 OF LOT 7 AND ALL OF LOT 8 M BLOCK 17 OF ROB$INS- GRAHAM AND CHIL GSWORTH ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORD IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI -DAD OUNTY, FLORIDA. LOTS 9 AND 12 LESS THE NO 1 FOOT OF LOT 9, BLOCK 17, OF NORTH MIAMI, MORE COMMONLY KNO AS ROBBINS-CHILLINGSWORTH ADDITION, ACCORDING TO THE PLAT THE RECORDED IN PLAT BOOK "A", PAGE 49 1/2, OF THE PUBLIC RECORDS OF MIAM ADE COUNTY, FLORIDA. SOUTH HALF OF LOT 7, IN BLOCK 17 O ORTH MIAMI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "AlPAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. LOT 4, BLOCK 17, OF ROBBINS, GRAHAM ANXCHILLINGWORTHS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORYD IN PLAT BOOK "A", PAGE 49 1/2 OF THE PUBLIC RECORDS OF MIAMI-DADE CO TY, FLORIDA. Stthmitted into the public record fo rte s , Oil /I City Clerk This instrument prepared by, and after recording return to. Name: Iris V. Escarra, Esq. Address: Greenberg'Fraurig, P.A. 333 SE 2"Avenue Miami, Florida 33131 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of -_- .................. 2017, by Art Plaza LLC, a foreign limited liability corporation having offices at 425 N.E. 22nd Street, Suite #301, Miami, Florida 33137 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, 58 NE 14 Street, Miami, Florida 33132, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner intends to develop the Property as a mixed-use residential building with 655 residential units and 14,599 square feet of commercial area on the ground floor pursuant to Zoning Ordinance 13114, as amended, of the City of Miami ("Miami 21") Section 3.14 Public Benefits Program; and MIA 185845161v4 Submitted into the public record f ipte (s Pl , on uJ 6 j City Clerk Art Plaza Public Benefits Covenant WHEREAS, Owner has agreed to satisfy the Public Benefits Bonus in accordance with Miami 21 Section 3.14.4 (a)(1)' with the reservation of at least fourteen percent (14%) of the total number of residential units equaling approximately 91 as workforce housing units, as 0 defined in City Code Section 13-52 (the "Units for Workforce Housing"); and Owner agrees that this will be a covenant running with the land and binding upon the •1 Owner of the Property, its successors in interest 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. Ilublrc Belief -it I'rmlrarn: Workforc.e...11ousirrt; Restriction. Owner has agreed to satisfy the Public Benefits Bonus in accordance with Miami 21 Section 3.14.4 (a)(1) with the • reservation of the Units for Workforce Housing. The Units for Workforce Housing shall contain design finishes consist with the standard market rate units. Furthermore, Owner shall not sell, lease, or otherwise convey any interest in the Units for Workforce Housing for any consideration in excess of 140% of the area median income as determined by the Department of Community and Economic Development. 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the AtTordable/workforce housing on site of the development. For each square foot of affordablehvorkforce housing (including pertaining shared space such as parking and circulation) provided on site, the development shall be allowed two square feet of additional area up to the bonus Height and FLR as described in Section 3.14.1. ' 6Vw•k7'orce housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 80 percent to 140 percent of area median income as determined by the City's Department of Community and Economic Development in relation to the affordable housing and workforce housing impact fee deferral program provided for in this article. 2 MIA 185845181v4 A 0 `)ilbmitted into the public record f I lerp(S) on �_ City Clerk Art Plaza Public Benefits Covenant 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 Covenant. This voluntary covenant on the part of the Owner shall remain in fill 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 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. 5. Applicable Law. The restrictions within this Declaration on the part of the Owner are being made under the applicable laws of the City at the time of the Effective Date. However, if the applicable laws are modified in a manner that would be more favorable to the Owner, then this Declaration shall be interpreted under the more favorable laws at such time. 6. Inspection and Eiilorcernent. 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 0 the City of Miami'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. An action to Is 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 0 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. G MIA 185845161v4 1-1 Submitted into the publi 2 • record fo ite (s) + on City Clerk Act Plaza Public Benefits Covenant 7. Amendment _anti. Modification. This instrument may be modified, amended, or released as to any portion or all of the Property only after occurrence of either (1) satisfaction by other means permitted by Section 3.14,of Miami 21, including but not limited to payment into • the City of Miami Affordable/Workforce Housing Trust Fund as satisfaction of the Public Benefit Program; or (2) a public hearing before the Planning Zoning and Appeals Board and the • City Commission. Any amendment or modification approved by the City Commission shall be executed by the City Manager, his successor, or designee, and be in a form acceptable to the City Attorney. i S. �ei c rarabi!_itvr. 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. 9. Reeordir!;. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. The Owner shall furnish a copy of the •I I recorded Declaration to the City Department of Hearing Boards within thirty (30) days of • recordation. 10. No.. Vested Rights. _ Nothing in this covenant shall be construed to create any i vested rights whatsoever for the Owner, its successors and assigns. SIGNATURE PAGES TO FOLLOW 4 MIA 185845161v4 • 0i i a Submitted into the publi record fox on ff 7-- City Clerk Art Plaza Public Benefits Covenant IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of 2017. Witnessed by.- Name: y: Name: 0 Name: Art Plaza LLC, A foreign limited liability corporation By Martin Ferreira de Melo STATE OF FLORIDA ) ID ) ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2017 by Martin Ferreira de Melo, of Art Plaza, LLC. He personally appeared before me, is . personally known to me or produced as identification. 11 • • MIA 185845161v4 0 Name; Notary Public, State of Florida Commission No. My commission expires: W Submitted into the public recordfo} ite (s) __ � t' on rJ/ li i City Clerk Art Plaza Public Benefits Covenant APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning and Zoning Department MIA 185845169x4 •I •1 01 •I • • 0 Art Plaza Public Benefits Covenant Exhibit "A" Submitted into the public record fo ite 17 on I }� 7(S)G City Clerk LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 1, OF CORRECTED PLAT OF BLOCK ONE, BALDWIN OXAR & OXAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 43 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Folio Nos.: 01-3136-009-0060 01-3136-009-0050 01-3136-009-0040 01-3136-009-0010 01-3136-009-0020 01-3136-009-0030 MIA 185845181v4 J