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ITEMS SUBMITTED FOR THE RECORD EXPEDITED APPLICATION NO. CDMP20190023

TO AMEND THE COMPREHENSIVE DEVELOPMENT MASTER PLAN (Consisting of materials submitted for the record for the May 20, 2020 CDMP Hearing)

ITEM PAGE Power Point Presentation submitted by the Applicant 3 Declaration of Restrictions submitted by the Applicant 5-13-20 17

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Maple Multifamily Land SESmall-Scale Amendment to Land Use Plan Map (CDMP)

CDMP20190023

1. Small-Scale Amendment: Redesignate Property on LUP Map

2. Proffered Declaration of Restrictions

Application Requests

✓ Staff Recommendation of Approval with

Proffered Declaration of Restrictions

✓ Community Council Approval

(January 28, 2020)

✓ Planning Advisory Board

(March 4, 2020)

Application Timeline

8300 Park Boulevard

WASD PARCEL

COVENANT AREA /DEVELOPMENT PROPERTY

OVERALL PROPERTY

Business and Office Medium Density

Permitted Uses

Commercial & Professional Offices Retail Multi Family Residential Medical Building Hotel Entertainment and Cultural Facilities

Permitted Uses

Residential (13-25 dwelling units/acre) Townhouses Low-Rise & Medium-Rise

Apartments

Compatibility:Land Use Map

Low Density

Business and Office

Medium Density

Midway Garden Apartments Mira Villas

Tonwhomes

Midway Point Townhomes

Chateaubleau Villas

Compatibility: Multi-Family Uses

Central Location to Transit Hubs

Palmetto Expressway

Dolphin Expressway

West Flagler Street

Miami-Dade Metrobus Routes

(7, 11, 51, 87)

Major Employment Hubs

Height Restriction of Future Residential Development (4 stories/50 feet)Enhanced Setbacks from abutting

residential uses to the North and West5% of the units within Covenant Area as

Workforce housing.

Voluntary Declaration of Restrictions

Questions and Discussion

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This instrument was prepared by: Jorge L. Navarro, Esq. Greenberg Traurig, LLP 333 SE 2nd Avenue Suite 4400 Miami, Florida 33131

(Space reserved for the Clerk) ______________________________________________________________________________

DECLARATION OF RESTRICTIONS

WHEREAS, the undersigned, Costco Wholesale Corporation, a Washington corporation

(the “Owner”), holds the fee simple title to that certain parcel of land located in Miami-Dade

County, which is legally described in Exhibit “A” attached hereto (hereinafter the “Property”),

which is supported by the Opinion of Title provided by _____________ dated _____________:

See Exhibit “A”

WHEREAS, the Owner has authorized Maple Multifamily Land SE, L.P. (the “Applicant”)

to pursue an amendment to the Miami-Dade County Comprehensive Development Master Plan

(“CDMP”) that is pending as Expedited Application No. CDMP20190023 as filed in October 2019

(the “Application”);

WHEREAS, the Application seeks to re-designate, among other things, the Property from

“Business and Office” to “Medium Density Residential” on the Miami-Dade County Future Land

Use Plan Map (“FLUM”). The Property is referred to as the Covenant Area in the Application;

WHEREAS, an additional parcel of land (the “WASD Parcel”), consisting of 0.089 acres,

is also part of the Application, which parcel is more particularly described in Exhibit “B” to this

Declaration;

WHEREAS, the WASD Parcel is not included within the boundaries of the Property and

is not subject to the terms of this Declaration.

RECEIVED 5/12/20

NOW, THEREFORE, IN ORDER TO ASSURE Miami-Dade County, Florida (the

“County”) that the representations made by the Applicant during its consideration of the

Application will be abided by the Owner freely, voluntarily, and without duress, Owner makes the

following Declaration of Restrictions (the “Declaration”) covering and running with the Property:

(1) Setbacks. The minimum setbacks for any residential buildings constructed on the

Property as a result of the Application shall be as follows: seventy (70) feet from the northern

Property line and thirty-five (35) feet from the western Property line.

(2) Height. The maximum building height permitted on the Property shall be the lesser

of four (4) stories or fifty (50) feet, exclusive of rooftop uses and architectural elements,

mechanical equipment, and other non-habitable uses and structures as may be allowed under the

applicable zoning regulations.

(3) Workforce Housing. As part of the zoning hearing process, the Applicant shall

provide a declaration of restrictive covenants providing that the future residential development at

the Property shall include a minimum of 5% of the total residential units developed thereon to be

workforce housing for a period of 20 years (the “Workforce Housing Covenant”). The

Workforce Housing Covenant shall be recorded by Miami-Dade County at the Applicant’s sole

cost and expense following the approval of the zoning hearing application and expiration of any

applicable appeal periods. For purposes of the Workforce Housing Covenant, workforce housing

shall mean a residential unit, the sale, rental or pricing of which is restricted to households whose

income is established between sixty (60) percent up to one hundred forty (140) percent of the most

recent area median income for the County reported by the U.S. HUD as maintained by the

Department.

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

A PORTION OF TRACT "D" OF "FLAGLER PARK PLAZA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 134, PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHERLY SOUTHWEST CORNER OF SAID TRACT "D", THENCE NORTH 61°15'20" WEST ALONG THE SOUTHWEST LINE OF SAID TRACT "D", 43.51 FEET; THENCE NORTH 00°10'12" WEST ALONG THE WEST LINE OF SAID TRACT "D" 540.01 FEET TO THE SOUTHWEST CORNER OF TRACT "J" OF SAID PLAT; THENCE NORTH 89%D49'39" EAST ALONG THE SOUTH LINE OF SAID TRACT "J" 60.0 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "J"; THENCE NORTH 00°10'12" WEST ALONG THE EAST LINE OF SAID TRACT "J" 65.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT "J"; THENCE NORTH 89°49'39" EAST ALONG THE NORTH LINE OF SAID TRACT "D" 977.20 FEET TO A POINT ON THE ARC OF A CIRCULAR NON-TANGENT CURVE CONCAVE EASTERLY FROM WHICH A RADIAL LINE BEARS SOUTH 76°07'56" EAST; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID TRACT "D", ALSO BEING THE WEST RIGHT-OF-WAY LINE OF NW 82nd AVENUE, BEING THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 935.00 FEET, A CENTRAL ANGLE OF 15°05'41", FOR AN ARC DISTANCE OF 246.33 FEET TO A POINT

EXHIBIT B

LEGAL DESCRIPTION OF THE WASD PARCEL

TRACT “J”, OF “FLAGLER PARK PLAZA” ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 134, PAGE 87, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA

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