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Home My WebLink AboutR-24-0079City of Miami Resolution R-24-0079 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15444 Final Action Date: 2/22/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF THREE (3) RECORDED INSTRUMENTS, SPECIFICALLY APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "C," AND APPROVING THE RELEASE OF A UNITY OF TITLE, ATTACHED AND INCORPORATED AS EXHIBIT "D," RECORDED AGAINST THE REAL PROPERTY GENERALLY LOCATED AT 1825 BISCAYNE BOULEVARD, 1819 BISCAYNE BOULEVARD, 1844 NORTHEAST 4 AVENUE, 1840 NORTHEAST 4 AVENUE, 1824 NORTHEAST 4 AVENUE, 1820 NORTHEAST 4 AVENUE, 331 NORTHEAST 18 STREET, AND 327 NORTHEAST 18 STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE(S) IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 17 Plaza LLC ("Applicant") submitted a Special Appearance application to the City of Miami ("City") to release the three (3) legal instruments proffered by a former property owner in connection with an expired Variance from 1991 linked to the cancelled "Chinatown Project", specifically 1) a Declaration of Restrictive Covenants recorded on April 20, 1992 in Official Records Book 15481, Page 0602, attached and incorporated as Exhibit "B"; 2) a Declaration of Restrictive Covenants recorded on December 29, 1992 in Official Records Book 15761, Page 2913, attached and incorporated as Exhibit "C"; and 3) a Unity of Title recorded on December 29, 1992 in Official Records Book 15761, Page 2910 (collectively, "Legal Instruments") for the property generally located at 1825 Biscayne Boulevard, 1819 Biscayne Boulevard, 1844 Northeast 4 Avenue, 1840 Northeast 4 Avenue, 1824 Northeast 4 Avenue, 1820 Northeast 4 Avenue, 331 Northeast 18 Street, and 327 Northeast 18 Street, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated, ("Property"); and WHEREAS, the Property is designated "T6-36B-O," Urban Core Transect Zone — Open, in the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, ("Miami 21 Code"); and WHEREAS, pursuant to Resolution No. R-92-268, the "Chinatown Project" generally located within the Property was approved by the City Commission on August 30, 1992, amending Resolution No. R-91-92, adopted January 24, 1991, and amended by Resolution No. R-91-779, adopted October 24, 1991, which granted the Variance ("1991 Variance"), as part of the "Chinatown Project", pursuant to Ordinance No. 9500 of the City of Miami, Florida (Previous Zoning Code) with specified Conditions of Approval that were not complied with by the former City of Miami Page 1 of 3 File ID: 15444 (Revision: A) Printed On: 3/4/2024 File ID: 15444 Enactment Number: R-24-0079 property owner; and hence, the 1991 Variance effectively expired per its two-year expiration date of August 30, 1992 deadline; and WHEREAS, in connection with the 1991 Variance, the then owner of the Property proffered and recorded the Legal Instruments; and WHEREAS, none of the Conditions of Approval of the 1991 Variance were met and as a result, the Chinatown Project that was never constructed and was cancelled; therefore, the Applicant is requesting a Special Appearance to release the Legal Instruments; and WHEREAS, the Applicant is requesting a Special Appearance to release the Legal Instruments, which are described below: • Exhibit B - Covenant 1 (City -assigned ePlan File ID: PZ-23-17252): Section 2 of Covenant 1 provides that the Permits and plans for the redevelopment of the Property "shall be held in Escrow by the Building Official until" various conditions are met including payment of all City and County impact fees, posting of a $250,000 cash bond, and issuance of a building permit prior to August 30, 1992. Section 6 of the Covenant provides that it may be amended or released by a written instrument executed by the then owners of the Property provided that said instrument is approved by the City Commission at a public hearing. • Exhibit C - Covenant 2 (City -assigned ePlan File ID: PZ-23-17252): This covenant provides various restrictions requiring that at least 80 parking spaces (and necessary easements) be provided on the eastern portion of the Property to serve the western portion of the Property. Section 6 of Covenant 2 also provides that the Owner shall not sell or convey the eastern portion of the Property separately from the western portion of the Property until the Owner meets all the conditions sets forth in the 1991 Variance. • Exhibit D - Unity of Title (City -assigned ePlan File ID: PZ-23-17252): The Unity of Title mirrors Covenant 2 and provides that the Owner shall not sell or convey the eastern portion of the Property separately from the western portion of the Property until the Owner meets all the conditions sets forth in the 1991 Variance. Section 3 of the Unity of Title provides that it may be amended or released by a written instrument executed by the then owners of the Property provided that said instrument is approved by the City Commission at a public hearing, and WHEREAS, the Release Review Committee recommended to the City Commission approval for the release of Covenant 1, Covenant 2, and the Unity of Title with the condition that the Applicant record the Chinatown Project's Tentative Plat #1380 (the "Tentative Plat") and released documents simultaneously in the public records of Miami -Dade County, Florida; and WHEREAS, as a condition of this Special Appearance application, ePlan File ID — PZ- 22-14439, the Applicant shall record in the Miami -Dade County Official Records the releases of the three (3) Legal Instruments, as described herein, along with the Tentative Plat at the same time; and WHEREAS, the Planning Department recommends approval and full release of the three (3) Legal Instruments as presented by the Applicant; and City of Miami Page 2 of 3 File ID: 15444 (Revision: A) Printed on: 3/4/2024 File ID: 15444 Enactment Number: R-24-0079 WHEREAS, any modification, amendment, or release of the Legal Instruments shall be in a form acceptable to the City Attorney; and WHEREAS, the Planning Department has reviewed the application and finds that the release of the Legal Instruments is consistent with the goals of the Miami 21 Code by promoting the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City; and WHEREAS, the City Commission, after careful consideration of this matter, finds that it is in the best interest of the general welfare of the City and its inhabitants to approve the release of the Legal Instruments; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 City Commission approves the release of the three (3) recorded Legal Instruments, attached and incorporated as Exhibit "B," Exhibit "C," and Exhibit "D," for the Property described in the attached and incorporated Exhibit "A," and authorizing' the City Manager to execute such release(s) in a form(s) acceptable to the City Attorney. Section 3. This Resolution shall become effective ten (10) days upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 2/12/2024 fr t riai ndez, City Attorj]ey ) 3/1/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 15444 (Revision: A) Printed on: 3/4/2024