HomeMy WebLinkAboutR-23-0201City of Miami
Resolution R-23-0201
Legislation
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WHEREAS, in 2010, the City repealed and replaced Ordinance No. 11000 with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,
City of Miami Page 1 of 2 File ID: 13450 (Revision:) Printed On: 7/1/2025
File ID: 13450 Enactment Number: R-23-0201
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:
ndez, City Nttor
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.
City of Miami Page 2 of 2 File ID: 13450 (Revision:) Printed on: 7/1/2025