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PZAB Resolution Miami, FL 33133
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Enactment Number: PZAB-R-17-071
File ID: 2730 Final Action Date: 10/16/2017
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENTS, RECOMMENDING APPROVAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM '74-
R", GENERAL URBAN TRANSECT - RESTRICTED, TO 75-0", URBAN CENTER
TRANSECT - OPEN, FOR THE PROPERTIES LOCATED AT 824, 826, 834, 842, 852,
860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE AND
BY CHANGING THE ZONING CLASSIFICATION FROM `76-8-0", URBAN CORE
TRANSECT — OPEN, TO "76-12-0", URBAN CORE TRANSECT — OPEN, FOR THE
PROPERTIES LOCATED AT 36 AND 40 NORTHWEST 8 AVENUE, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 824, 826, 834, 842, 852, 860, 868, and 876
Northwest 1 Street and 29 Northwest 9 Avenue, Miami, Florida are currently located in a 74-R",
General Urban Transect — Restricted; and
WHEREAS, the properties located at 36 and 40 Northwest 8 Avenue, Miami, Florida are
currently located in a 76-8-0", Urban Core Transect - Open; and
WHEREAS, Riverwest Miami, LLC ("Applicant") proposes to change the zoning
designation of the properties designated 74-R", General Urban Transect — Restricted, to 75-
0", Urban Center Transect—Open, and to change the zoning designation of the properties
designated 76-8-0", Urban Core Transect — Open, to 76-12-0", Urban Core Transect -- Open;
and
WHEREAS, the proposed zoning change is not out of scale with the needs of the
neighborhood and the City of Miami ("City"); and
WHEREAS, the proposed zoning change from 76-8-0", Urban Core Transect — Open,
to 76-12-0", Urban Core Transect — Open, is consistent with the principle of transitional zoning
provided by Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami,
Florida ("Miami 21 Code"); and
WHEREAS, in the surrounding area to the subject properties, there is no 75-0", Urban
Center Transect — Open; and
WHEREAS, the wide array of additional Uses permitted in a "75-0", Urban Center
Transect — Open, in addition to the density increase, provides for undesirable foreseeable
results with the possibility to create a domino effect on adjacent properties; and
City of Miami Page 1 of 3 File 1D: 2730 (Revision: C) Printed On: 9011912017
WHEREAS, the proposed zoning change will maintain the same or similar population
density pattern and thereby increases and overtaxes the load on public facilities such as
schools, utilities, and streets; and
WHEREAS, the proposed zoning change will contribute to the improvement of
development of properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed zoning change will result in the allowance of uses such as
Entertainment Establishments by Right and Alcohol Beverage Establishments by Exception,
which will not disrupt or negatively impact the Residential neighborhood to the north of the
Properties; and
WHEREAS, the Applicant has voluntarily proffered two (2) restrictive covenants
("Covenant") for these parcels, attached as Composite Exhibit °B," that offer to limit the use for
Affordable and/or Senior Housing and Workforce Housing, as defined by Section 1.2, Article 1
of the Miami 21 Code, and
WHEREAS, although the Applicant has proffered the Covenant to reduce the impact of
certain uses, the Planning Department continues to recommend against the proposed zoning
changes, -and
WHEREAS, the Planning, Zoning and Appeals Board, after careful consideration of this
matter, deems it advisable and in the best interest of the general welfare of the City and its
inhabitants to recommend that the proposed zoning change be granted as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The PZAB recommends that the City Commission approves the
amendment of the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning
classification of the properties designated "74-R", General Urban Transect — Restricted, to 75-
0", Urban Center Transect — Open, and by changing the classification of the properties
designated 76-8-0", Urban Core Transect — Open, to 76-12-0", Urban Core Transect — Open,
for the properties as more particularly described in "Exhibit A", attached and incorporated.
Section 3. The PZAB further recommends the voluntarily proffered Covenant, both
attached herein as Composite Exhibit "B", be recorded within the thirty (30) days of City
Commission action and copies provided to the City Attorney's Office and the Planning
Department upon recordation.
Section 4. This Resolution shall become effective upon adoption by the PZAB.
_Ffo
Fran isc arcia, Director
Dep t of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE }
Execution Datle
City of Miami Page 2 of 3 File ID: 2730 (Revision: C) Printed an: 1019912017
Personally appeared before me, the undersigned authority, 01 r-ItXa, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that sihe execute he foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS Loff AY OF DC-+Obe✓ , 201-7.
St i o 4e- -
Print Notary Name otary P is State of Florida
Personally know or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
�*'�• SILVIAGONZALEZ
4- MY COMMISSION # GG 051561
;s;�AR F PaF= EXPIRES: November 30, 2020
Bonded Thru Notary Public Undenv t r3
City of Miami Page 3 of 3 File 1D: 2730 (Revision: C) Printed On: 1011912017
EXHIBIT "A"
LEGAL DESCRIPTION
[Legal description of the Property]
778477 Page 6 of 8
Address: 40 NW 8 Avenue
Folio Number#: 01-4138-003-3040
Address: 36 NW 8 Avenue
Folio Number#: 01--4138-003-3050
Address: 26 NW 8 Avenue
Folio Number#: 01-4138-003-3060
Address: 824 NW 1 Street
Folio Number#: 01-4138-003-3070
Address: 826 NW l Street
Folio Number#: 01-4138-003-3080
Address: 834 NW 1 Street
Folio Number#: 01-4138-003-3090
Address: 842 NW 1 Street
Folio Number#: 01-4138-003-3100
Address: 852 NW 1 Street
Folio Number#: 01-4138-003-3110
Address: 860 NW 1 Street
Folio Number#: 01-4138-003-3120
Address: 868 NW l Street
778477 Page 7 of 8
Folio Number#: 01-4138-003-3130
Address; 876 NW 1 Street
Folio Number#: 01-4138-003-3150
Address: 29 NW 9 Avenue
Folio Number#: 01-4138-003-3140
778477 Page 8 of 8
EXHIBIT B
Prepared by:
Name: William W. Riley, Jr., Esq.
GrayRobinson, P.A.
Address: 333 SE 2nd Avenue, Suite 3200
Miami, Florida 33131
After recordation, Send Certified Copy to:
Zoning Administrator
444 SW 2' Avenue,
41 Floor
Miami_ FL 33130
DECLARATION OF RESTRICTIVE COVENANTS
(Affordable and/or Senior Housing and Workforce Housing Use Restriction)
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2017, in favor of the City of Miami, Florida.
WITNESSETH:
WHEREAS, the Owner hold fee simple title to certain property in the City of Miami,
Florida, located at 40 and 36 NW 8 Avenue; 824, 826, 834, 842, 852, 860, 868, and 876 NW 1
Street; and 29 NW 9 Avenue, Miami, Florida, legally described in Exhibit "A" attached hereto
and made a part (the "Properly"), and also known as:
Please see Exhibit "A" for Legal Description
WHEREAS, the Owner is desirous of making a binding commitment to assure that the
Property shall be maintained in accordance with the provisions of this Declaration.
NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
be subject to the following restrictions that are intended and shall be deemed to be covenants
running with the land and binding upon the Owner(s), its successors in interest, heirs, vendees,
and assigns, as follows:
I . Recitals. The recitals and findings set forth in the preamble of this Declaration
are true and correct and are hereby adopted by reference thereto and incorporated herein as if
fully set forth in this Section.
2. Use. Future use of the Property shall be restricted to a single, uniform
development site with use of the first two floors restricted to one or more of the following: (1)
neighborhood retail establishments, (2) off-street parking and (3) affordable and/or senior
housing and workforce housing. Uses above the second floor shall be restricted to one or more of
the following: (1) off-street parking and (2) affordable and/or senior housing and workforce
housing. As used herein, the terms "affordable housing" and "workforce housing" shall have the
same meaning as set forth in Section L�,;Article 1 o the Miami 21 Zoning Code, as amended,
and by any successor Zoning Ordinance of the City, as applicable.
3. Covenant Running with the Land. This instrument shall constitute a covenant
running with the land and shall be made binding upon Owners, their successors and assigns.
These restrictions shall be a limitation upon all present and future Owners of the Property.
Effecti This instrument shall become binding on the Property upon
recordation `iii the Public Records of Miami -Dade County, Florida. The Owner shall promptly
record this instrument at their cost and expense and provide a certified copy of the recorded
instrument to the City of Miami Office of the Zoning Administrator, 444 SW 2nd Ave, 4d' Floor,
Miami, Fl. 33130 within thirty (30) days of execution.
4. Term of Covenant. This voluntary covenant on the part of the Owners shall
remain in full force and effect and shall be binding upon the Owners of the Property, its
successors in interest and assigns and shall be binding upon them for an initial period of thirty
778477 Page 2 of 7
(30) years from the date this instrument is recorded in the public records and shall be
automatically extended for successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
5. Inspections and Monitoring. 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 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,
including failure to record the Declaration, may be brought by the City of Miami 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 City Code, 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. Each party shall bear their own attorney's
fees.
tpModifiocotion, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion thereof, by a
written instrument, in recordable form, executed by the then owner(s) of the Property, approval
of the City Zoning Administrator, and approved by the City Attorney as to legal form and
correctness. Any modification, amendment or release shall include the signatories included in
this section and be recorded in the Official Public Records of Miami -Dade County, Florida to be
valid and effective.
778477 Page 3 of 7
8. Severability. 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. Recording. This Declaration shall be filed of record among the Public Records of
Miami -Dade County, Florida, at the cost of the Owners, no later than thirty days after approval.
In the event a court of competent jurisdiction rescinds or quashes this approval, it is expressly
understood that this Declaration is void and of no legal force and effect and that the Owner
and/or his assigns and successors may file and record any documents which are necessary to void
the legal effect of this Declaration_ Ak Ak 'Ak
[Signatures on the Following Pages]
IN WITNESS WHEREO
Im
duly executed this Declaration this
day of 1201 -11 2017;
TWO WITNESSES FOR EACH OWNER(S): OWNER
By: By:
Print Name:
Print Name:
Print Name:
778477 Page 4 of 7
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this th day of [Month], 2017
by . (S)He personally appeared before me, is [ ] personally
known to me or [ ] produced s identification.
Name:
Notary Public, State
Commission No.
My commission p
LEGAL DESCRIPTI
[Legal description of the
778477 Page 5 of 7
Address: 40 NW 8 Avenue
Folio Number#: 01-4138-003-3040
Address: 36 NW 8 Avenue
Folio Number#: 01-4138-003-3050
Address: 26 NW 8 Avenue
Folio Number#: 01-4138-003-3060
Address: 824 NW 1 Street
Folio Number#: 01-4138-003-3070
Address: 826 NW 1 Street
Folio Number#: 01-4138-003-3080
Address: 834 NW 1 Street
Folio Number#: 01-4138-003-3090
Address: ` 842 tre
Folio Number#: 01-4138-003-3100
Address: 852 NW 1 Street
Folio Number#: 01-4138-003-3110
Address: 860 NW 1 Street
Folio Number#: 01-4138-003-3120
Address: 868 NW 1 Street
778477 Page 6 of 7
Folio Number#: 01-4138-003-3130
Address: 876 NW 1 Street
Folio Number#: 01-4138-003-3150
Address: 29 NW 9 Avenue
Folio
778477 Page 7 of 7
This instrument was prepared by:
Name: William W. Riley, Jr., Esq.
GrayRobinson, P.A.
Address: 333 SE 2nd Avenue, Suite 3200
Miami, Florida 33131
(Space reserved for Clerk)
Parcel ID:
COVENANT IN LIEUJURTNITY OF
WHEREAS, Riverwest Miami LLC, a for6ign limited liability com ,,,." =("Owner"), owns
the properties (collectively referred to as the "Pr6 er ") Legally describes
1. The address of which is 40 NW 8 Avenue, Miami, Florida, and;
a. Folio Number 01-4138-003-3040 and Legal Description attached hereto as
Exhibit
2. The address f which i6 NW 8 Avenue, Miami, Florida, and;
a. Folio Number 01-4138-003-3050 and Legal Description attached hereto as
Exhibit "A"
address o which is 824 NW 1 Street , Miami, Florida, and;
Folio Number 01-4138-003-3070 and Legal Description attached hereto as
,Exhibit "A"
4. The address of which is 826 NW 1 Street, Miami, Florida, and;
a. Folio Nur01-4138-003-3080 and Legal Description attached hereto as
Exhibit ""
5. The address of which is 834 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3090 and Legal Description attached hereto as
Exhibit "A"
6. The address of which is 842 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3100 and Legal Description attached hereto as
Exhibit "A"
7. The address of which is 852 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3110 and Legal Description attached hereto as
Exhibit "A"
8. The address of which is 860 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3120 and Legal Description attached hereto as
Exhibit "A"
9. The address of which is 868 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3130 and Legal Description attached hereto as
Exhibit "A"
10. The address of which is 876 NW 1 Street, Miami, Florida, and;
a. Folio Number 01-4138-003-3150 and Legal Description attached hereto as
Exhibit "A"
11. The address of which is 29 NW 9 Avenue, Miami, Florida, and;
a. Folio Number 01-4138-003-3140 and Legal Description attached hereto as
Exhibit "A"
In consideration of the issuance of permits for the Property and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner hereby
agrees to restrict the use of the subject property in the following manner:
That the Property shall be considered as one plot and parcel of land and that no portion of
said plot and parcel of land shall be encumbered, mortgaged, sold, transferred, divided,
conveyed, devised or assigned separately, except in its entirety as one plot or parcel of land.
Covenant Running with the Land. This Unity of Title on the part of the Owner shall
constitute a covenant running with the land and shall be recorded, at the Owner's expense,
in the public records of Miami -Dade County, Florida and shall remain in full force and effect
and be binding upon the undersigned Owner, and its heirs, successors and assigns until such
time as the same is modified or released. The City of Miami Office of Zoning shall be
promptly furnished with a recorded copy of this Declaration within thirty (30) days of
recording.
Term This Unity of Title is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years from the date this Unity of Title is
Page 2 of 8
recorded after which time it shall be extended automatically for successive periods of ten
(10) years each, unless an instrument signed by the, then, owner(s) of the Property has been
recorded agreeing to change the covenant in whole, or in part, provided that the Unity of
Title has first been modified or released in writing by the City of Miami.
Modification, Amendment, Release. This Unity of Title may only be modified, amended or
released as to the Property, or any portion thereof, by a written instrument executed by the,
then, owner(s) of the Property, including joinders by all mortgagees, if any, provided that
the same is also approved in writing by the Zoning Administrator and the City Attorney, as
to legal form.
Authorization for the City to Withhold Permits and Inspections. In the event the terms of
this Unity of Title are not being complied with, in addition to any other remedies available,
the City is hereby authorized to withhold any further permits, and refuse to make any
inspections or grant any approvals, until such time as this Unity of Title is complied with.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to
be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such
other additional rights, remedies or privileges.
Severability. Invalidation of any one of these covenants, by judgment of Court, shall not
affect any of the other provisions which shall remain in full force and effect.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
Signed, witnessed, executed and acknowledged on this day of
20 , at Miami, Florida.
Page 3 of 8
WITNESS:
Print Name
Print Name
Riverwest Miami LLC
By: Alan Amdur, Manager
Signature
Signature
(TWO WITNESSES FOR EACH PERSON SIGNING).
(STATE OF FLORIDA)
Page 4of8
(COUNTY OF MIAMI DADE)
I HEREBY certify that on this day before me, a Notary Public duly authorized in the state
and county named above to take acknowledgement, personally appeared
to be well known to be the
person(s) described in and who executed the foregoing instrument and acknowledged to and
before me that they executed said instrument under oath and for the purposes therein
expressed.
WITNESS my hand official seal in the county and state named above this day
of , 20 .
Notary Public, State of Florida at Large
My commission expires:
Page 5 of 8
Approved:
Devin Cejas
Zoning Administrator
Approved as to Legal Form:
Victoria Mendez, Esq.
City Attorney
Page 6 of 8
Exhibit "A"
Page 7 of 8
Page 8 of 8