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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 13450 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTY GENERALLY LOCATED AT 1775 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1775 Biscayne Boulevard APPLICANT(S): Javier Avino, Esq. on behalf of 1775 BISCAYNE L/CAL LLC. PURPOSE: This is a request to release a Declaration of Restrictive Covenants FINDING(S): PLANNING, ZONING AND APPEALS BOARD: N/A City of Miami Legislation Resolution Enactment Number: R-23-0201 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13450 Final Action Date:4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTY GENERALLY LOCATED AT 1775 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 1775 BISCAYNE L/CAL LLC, ("Applicant") submitted a request to the City of Miami ("City") for a Special Appearance for the release of a recorded Declaration of Restrictive Covenants, attached and incorporated as Exhibit "B," ("Covenant") for the property generally located at 1775 Biscayne Boulevard, Miami, Florida, as legally described in "Exhibit "A," attached and incorporated, ("Property"); and WHEREAS, the Covenant was voluntarily proffered and recorded on August 8, 2007, in the Official Records Book 25849, Page 4009, of the Public Records of Miami -Dade County, Florida in connection with an amendment to the City's zoning atlas related to a Master Use Special Permit ("MUSP") approval under the City's previous zoning code, Ordinance No. 11000, and restricted the Property's Floor Area Ratio ("FAR") to 5.0; and WHEREAS, in 2010, the City repealed and replaced Ordinance No. 11000 with Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), voiding the prior zoning designation on the Property, and replacing the FAR standard with a new Floor Lot Ratio ("FLR") standard; and WHEREAS, the approved MUSP on the Property was subsequently abandoned and the contemplated project was never constructed; and WHEREAS, in 2013, the City again rezoned the Property to a T6-36B-O designation, which permits a FLR of 22.0 on the Property by right, or up to 30.8 with certain Public Benefit bonuses; and WHEREAS, in 2018, the City approved a Waiver application allowing a mixed -use tower on the Property with 1,219,400 square feet of floor area, the equivalent of an FLR of approximately 25.6; and WHEREAS, release of the Covenant, which restricts the FAR to 5.0 is appropriate because of and as evidenced by the subsequent land use and zoning changes made on the Property; and WHEREAS, the Covenant may be released as to the Property, or any portion thereof, by a written instrument executed by the then Owner of the Property subject to the Covenant, provided that the same also is approved by the City, after public hearing with, at a minimum, written notice to all property owners within 500 feet of the Property shown on the Miami -Dade County tax rolls; and WHEREAS, the Planning Department recommends approval and full release of the Declaration of Restrictive Covenants as presented by the Applicant; and WHEREAS, any modification, amendment, or release of the Covenant 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 Covenant 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 promoting more efficient use of public funds; 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 recorded Covenant; 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 recorded Covenant attached and incorporated as Exhibit "B", in a form acceptable to the City Attorney, for the Property, and the City Manager is hereby authorized' to execute such release. 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: end" ez, City Httor ey 3/14/2023 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.