HomeMy WebLinkAboutZoning Administrator Memo Re: Covenant Release Review Committee RecommendationCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noreiga V, City Manager DATE: July 14, 2023
SUBJECT: Release Review Committee
Recommendation for Release of Restrictive
Covenant located at 5445 Biscayne Blvd
FROM: Daniel S. Goldberg, Esq., REFERENCES: PZ-20-8875
Director of Zoning / Zoning Administrator
ENCLOSURES:
On June 26, 2023, the City of Miami's Release Review Committee ("RRC")
recommended approval by the City Commission to modify a restrictive covenant recorded on July
2, 2021, in Official Records Book 32595, Page 788 of the Public Records of Miami Dade County,
Florida ("Covenant") against the property located at approximately 5445 Biscayne Boulevard
("Property"). The Covenant was proffered in connection with a rezoning of the Property from T3-R
to T4-L. The Covenant, among other restrictions, required the following:
The Property shall be developed, within two years of the expiration of the appeal
period for appealing the change in zoning classification for this property from T3-
R Sub -Urban Zone -Restricted to T4-L General Urban Zone, and in compliance
with the plans entitled Morningside Centre, dated 7/24113. Such plans are
acknowledged as being on file with the City and are deemed as being
incorporated by reference herein, subject to any Waiver and/or City Commission
approval that may be required.
The Owners further agree to voluntarily knowingly and promptly institute and
maintain all applications and attend all hearings to return the Property to its
Zoning Classification of T3-R Sub -Urban Zone -Restricted if they have not timely
developed the Property within two years as set forth in [the above section], The
Owners do expressly reserve their ability to develop the Property as allowed by
the Miami 21 Code.
The RRC recommends approval of modifying the Covenant to remove the two year
limitation (but retaining all other restrictions in the Covenant) as it will facilitate the development of
these empty parcels on the Biscayne Corridor consistent with the rezoning, the site plan proffered
in connection with the Covenant, and the MiMo Biscayne guidelines.
cc: Nzeribe Ihekwaba, Ph.D, P.E., Deputy City Manager
Luis Torres III, Building Official
Juvenal Santana, P.E., Director of Resilience and Public Works
Lakisha Hull, AICP, LEED AP BD+C, Director of Planning Department
Robert Santos-Alborna, Director of Code Compliance