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2012-117-1712-Z-127 - Release of Declaration1515  NW  167  Street, Building  5  Suite  200    Miami  Gardens, Florida  33169    City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: September 5, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1 s t Reading 2 n d Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department   Short  Title: RESOLUTION NO. 2012____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RELEASE OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN OFFICIAL RECORDS BOOK 24840, PAGE 3471 IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff  Summary:  Background In 2006 the City approved public hearing application PH-2006-08 allowing the multi-family residential development of Emerald Place on the 46.91 acre property lo cated east of N.W. 27 Avenue and north of the Miami-Dade County North Dade Regional Library on N.W. 183 Street . The applicant at the time proffered a Declaration of ITEM 11-A) RESOLUTION/PUBLIC HEARING Release of Declaration Dolphin Center South Release of Covenant, September 5, 2012 PH-2012-000082   Restrictions recorded in Official Records Book 24840, Pages 3471 through 3483 of the Public Records of Miami-Dade County (see attached as Exhibit A). Since 2006 th e Emerald Place development has not commenced and the City has obtained ownership of approxi mately 39.9 acres of the property, with the applicant Cornerstone CW, LLC owning the remainder seven (7) acres. The entire 46.91 acr es are subject to the Declaration of Restrictions. Current Situation The current developer, Cornerstone CW , LLC owner of the seven (7) acre portion of the overall 46.91 acre property is proposing a multi-family residentia l development under the City’s Land Development Regulations (LDRs). The development of the entire 46.91 acre property is subject to the conditions in the Declaration of Restrictions including the site plan that was submitt ed with the Emerald Place development in 2006. A release of the recorded Declaration of Restrictions will allow the proposed devel opment of the applicant’s sev en (7) acre site under the City’s LDRs and a new site plan. At the same time, the release of the Declaration of Restrictions will lift the restrictions of the Emerald Place development on the 39.9 acre City owned property a llowing development in the future under the City’s LDRs. The proposed new multi-family development on the seven (7) acre property and any future development of the City owned property will be subject to site plan review by th e City and will require all ot her land development approvals applicable at the time. The Declaration of Restrictions was proffered at public hearing to the City Council, so therefore, it must be released by action of the City Council. . Analysis The request for release of the Declaration of Restrictive C ovenant is beneficial in that the original zoning approval for which the Declaration was proffered is considered aba ndoned and therefore the Declaration is not in effect; in addition, the remainder of the property owned by the City is also released of the Declaration of Restrictions allowing the future development of the remai nder of the property under the City’s LDRs. Proposed  Action:  Recommend adoption of the Resolution. Attachments:  Exhibit “A” - Declaration of Restrictive Covenants  Exhibit “B” - Applicant’s Letter of Intent