HomeMy WebLinkAboutPZAB (16466) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-057
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 16466 Date Rendered: 9/16/2024
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACHMENT(S), RECOMMENDING APPROVAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ("MIAMI 21 CODE") BY CHANGING THE ZONING CLASSIFICATION
FROM "T5-R," URBAN CENTER TRANSECT ZONE - RESTRICTED, TO "T6-8-L,"
URBAN CORE TRANSECT ZONE - LIMITED, FOR THE PROPERTIES GENERALLY
LOCATED AT 625, 645, 675, 685, 650, 640, 630, AND 626 NORTHEAST 64
TERRACE, AND 635, 645, 655, 669, AND 685 NORTHEAST 64 STREET, AND FROM
"T5-R," URBAN CENTER TRANSECT ZONE - RESTRICTED, AND "T6-8-O," URBAN
CORE TRANSECT ZONE - OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE -
LIMITED, AND "T6-8-O," URBAN CORE TRANSECT ZONE - OPEN, FOR THE
PROPERTY LOCATED AT 610 NORTHEAST 64 TERRACE, AND FROM "T5-R,"
URBAN CENTER TRANSECT ZONE - RESTRICTED, AND "T6-8-O," URBAN CORE
TRANSECT ZONE -OPEN, TO "T6-8-L," URBAN CORE TRANSECT ZONE - LIMITED,
FOR THE PROPERTY GENERALLY LOCATED AT 629 NORTHEAST 64 STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; FURTHER
RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE
VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS
EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Melissa Tapanes Llahues, Esquire, on behalf of Mimo Bay Apartments II,
LLC , ("Applicant") has submitted a request to change the zoning classification on the Zoning
Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended,
("Miami 21 Code") from "T5-R," Urban Center Transect Zone - Restricted, to "T6-8-L," Urban
Core Transect Zone - Limited, for the properties generally located at 625, 645, 675, 685, 650,
640, 630, and 626 Northeast 64 Terrace, and 635, 645, 655, 669, and 685 Northeast 64 Street,
and from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect
Zone - Open, to "T6-8-L" Urban Core Transect Zone - Limited, and "T6-8-O," Urban Core
Transect Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R"
Urban Center Transect Zone - Restricted and "T6-8-O" Urban Core Transect Zone -Open to
"T6-8-L" Urban Core Transect Zone - Limited for the property generally located at 629
Northeast 64 Street (collectively, the "Property"), Miami, Florida; and
WHEREAS, the Property is an assemblage of 15 parcels totaling approximately 112,368
square feet (2.579 acres) of land; and
WHEREAS, the Applicant has drafted a voluntarily proffered Covenant attached hereto
as Exhibit "B"; and
Date Rendered: 9/16/2024
City of Miami Page 1 of 4 File ID: 16466 (Revision:) Printed On: 9/16/2024
WHEREAS, the Future Land Use Map designation on the Miami Comprehensive
Neighborhood Plan ("MCNP") is "Medium Density Multifamily Residential" for the properties
generally located at 625, 645, 675, 685, 650, 640, 630, 626, and the eastern portion (Arlington
Subdivision Lot 7) of 610 Northeast 64 Terrace, the eastern portion of 629 Northeast 64 Street,
and 635, 645, 655, 669, and 685 Northeast Street; and
WHEREAS, the request to change the zoning classification from "T5-R," Urban Center
Transect Zone - Restricted, to "T6-8-L," Urban Core Transect Zone - Limited, is inconsistent
with the existing future land uses ("FLU") of "Medium Density Multifamily Residential," therefore,
a concurrent Comprehensive Plan Amendment is required; and
WHEREAS, the request to change the FLUM from "Medium Density Multifamily
Residential" to "Restricted Commercial" is being processed concurrently (PZ-23-16881); and
WHEREAS, the Property is located in the Upper Eastside neighborhood where there are
a variety of zoning classifications and Uses, including Residential, Lodging, Commercial, Civic
Support and Educational Uses; and
WHEREAS, the Property is bounded by Legion Park to the north, Northeast 7 Avenue to
the east, Northeast 64 Street to the south, and parcels within the Miami Modern / Biscayne
Boulevard Historic District ("MiMo") to the west; and
WHEREAS, the eastern portion (Arlington Subdivision Lot 7) of 610 Northeast 64
Terrace and an approximately 18-foot-wide strip along the western edge of 629 Northeast 64
Terrace and is located within MiMo; and
WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants
does not affect the Planning Department's recommendation or an analysis; and
WHEREAS, the proposed application is consistent with Miami 21 Code, Article 7,
Section 7.1.2.8.f.1(a); and
WHEREAS, the proposed application is consistent with Miami 21 Code, Article 7
Section 7.1.2.8.f.1(b); and
WHEREAS, the proposed application is consistent with Miami 21 Code, Article 7,
Section 7.1.2.8.f.2; and
WHEREAS, the proposed zoning change is deemed appropriate in light of the intent of
the Miami 21 Code; and
WHEREAS, the Planning Department recommends denial of the change in the zoning
classification from "T5-R," Urban Center Transect Zone - Restricted, to "T6-8-L," Urban Core
Transect Zone - Limited, for the properties generally located at 625, 645, 675, 685, 650, 640,
630, and 626 Northeast 64 Terrace and 635, 645, 655, 669, and 685 Northeast 64 Street, from
"T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone -
Open, to "T6-8-L," Urban Core Transect Zone - Limited, and "T6-8-O," Urban Core Transect
Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R" Urban
Center Transect Zone - Restricted and "T6-8-O," Urban Core Transect Zone -Open, to "T6-8-L,"
Urban Core Transect Zone - Limited, for the property generally located at 629 Northeast 64
Street; and
City of Miami Page 2 of 4 File ID: 16466 (Revision:) Printed On: 9/16/2024
WHEREAS, alternatively the Planning Department recommends the change in the
zoning classification from "T5-R," Urban Center Transect Zone - Restricted, to "T5-O," Urban
Center Transect Zone - Open, for the properties generally located at 625, 645, 675, 685, 650,
640, 630, and 626 Northeast 64 Terrace and 635, 645, 655, 669, and 685 Northeast 64 Street,
from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect
Zone - Open, to "T5-O," Urban Center Transect Zone - Open, and "T6-8-O," Urban Core
Transect Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R,"
Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone -Open, to
"T5-O," Urban Center Transect Zone - Open, and "T6-8-O„" Urban Core Transect Zone -Open
for the property generally located at 629 Northeast 64 Street; and
WHEREAS, the Applicant shall fulfill all necessary requirements to effectuate the
rezoning of this Ordinance within 30 days from the adoption of this Ordinance; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other City regulations;
and
WHEREAS, the PZAB has considered the need and justification for the proposed
change, including changing and changed conditions that make the passage of the propose
change necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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 Planning, Zoning and Appeals Board ("PZAB") recommends that the City
Commission approve the request to amend the Zoning Atlas of Ordinance No. 13114, the
Zoning Code of the City of Miami, Florida, as amended, ("Miami 21 Code") by changing the
zoning classification from "T5-R," Urban Center Transect Zone - Restricted, to "T6-8-L," Urban
Core Transect Zone - Limited, for the properties generally located at 625, 645, 675, 685, 650,
640, 630, And 626 Northeast 64 Terrace, and 635, 645, 655, 669, and 685 Northeast 64 Street,
from "T5-R," Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect
Zone - Open, to "T6-8-L," Urban Core Transect Zone - Limited, and "T6-8-O," Urban Core
Transect Zone - Open, for the property located at 610 Northeast 64 Terrace, and from "T5-R,"
Urban Center Transect Zone - Restricted, and "T6-8-O," Urban Core Transect Zone - Open, to
"T6-8-L," Urban Core Transect Zone - Limited, for the property generally located at 629
Northeast 64 Street, Miami, Florida, as described in "Exhibit A", attached and incorporated.
Section 3. PZAB further recommends that the City Commission accept the voluntarily
proffered Declaration of Restrictive Covenants, in a form acceptable to the City Attorney, a draft
of which is attached and incorporated as Exhibit "B."
Section 4. This Resolution shall become effective upon adoption by the PZAB.
City of Miami Page 3 of 4 File ID: 16466 (Revision:) Printed On: 9/16/2024
Reviewed and Approved:
David Snow
City of Miami Page 4 of 4 File ID: 16466 (Revision:) Printed On: 9/16/2024
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
Parcel 1:
LOT 5, LESS THE SOUTH 7.5 FEET AND LESS THE EXTERNAL AREA OF A CIRCULAR
CURVE, LYING WITHIN SAID LOT 5 LESS THE WEST 30 FEET, BEING CONCAVE TO
THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
89°44'00", AN ARC LENGTH OF 39.15 FEET AND TANGENTS WHICH ARE 45.00 FEET
EAST OF AND PARALLEL WITH THE CENTERLINE OF BISCAYNE BOULEVARD AND
16.50 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF NE 64 TERRACE,
ARLINGTON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7,
PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Parcel 2:
THAT STRIP OF LAND LYING WITHIN SUBDIVISION "L", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK "A", PAGE 1, PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT A POINT 987.60 FEET NORTH OF THE SOUTHWEST CORNER OF
GOVERNMENT LOT 5, IN SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST,
THENCE EAST 112.00 FEET, THENCE NORTH 0.4 OF ONE FOOT; THENCE WEST 112.00
FEET; THENCE SOUTH 0.4 OF ONE FOOT TO THE POINT OF BEGINNING.
Parcel 3:
THAT PARCEL OF LAND DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT 988.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE
NORTHEAST 1/4 (OR GOVERNMENT LOT 5) OF SECTION 18, TOWNSHIP 53 SOUTH,
RANGE 42 EAST, THENCE RUN EAST 112.00 FEET; THENCE NORTH 52.00 FEET;
THENCE WEST 112.00 FEET; THENCE SOUTH 52.00 FEET TO POINT OF BEGINNING,
LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
LESS AND EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THE FOLLOWING:
THE WEST 30.00 FEET OF LOT 5, ARLINGTON, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 7, PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, AND THE WEST 45.00 FEET OF THAT PORTION OF
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SUBDIVISION "L" OF GOVERNMENT LOT 5, SECTION 18, TOWNSHIP 53 SOUTH,
RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
A, PAGE 1, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING
NORTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 5, ARLINGTON,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 44, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Parcel 4:
LOT 3, LESS THE SOUTH 7.5 FEET, ARLINGTON, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 7, PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
Parcel 5:
LOT 4, LESS THE SOUTH 7.5 FEET, ARLINGTON, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 7, PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
Parcel 6:
A STRIP OF LAND MEASURING 25.00 FEET NORTH AND SOUTH AND 125.00 FEET
EAST AND WEST LYING TO THE NORTH OF TRACTS "K" AND "L", AS SHOWN ON A
PLAT OF SUBDIVISION OF GOVERNMENT LOT 5, IN SECTION 18, TOWNSHIP 53
SOUTH, RANGE 42 EAST, AND RECORDED IN PLAT BOOK A, PAGE 1, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND OTHERWISE REFERRED TO,
DESCRIBED AND INDICATED AS TRACT "M" ON A CERTAIN PLAT ATTACHED TO A
MORTGAGE RECORDED IN MORTGAGE BOOK 55, PAGE 146, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LESS AND EXCEPT THE
FOLLOWING PARCEL:
THE WEST 45.00 FEET OF THE SOUTH 25.00 FEET OF SUBDIVISION "C" OF
GOVERNMENT LOT 5, SECTION 18, TOWNSHIP 53 SOUTH, RANGE 42 EAST,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGE 1, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Parcel 7:
LOT D, LESS THE SOUTH 7.5 FEET, IN LEGION PARK, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 39, AT PAGE 93, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA; AND LOTS 1 AND 2, LESS THE SOUTH 7.5 FEET
FURTHER LESS THE SOUTH 16.5 FEET OF THE EAST 6 FEET OF LOT 1 THEREOF, OF
ARLINGTON RESUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 7, PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
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FLORIDA; AND A PORTION OF SUBDIVISION C OF GOVERNMENT LOT 5 OF SECTION
18, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK A, AT PAGE 1, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 1 OF "ARLINGTON", ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, AT PAGE 44, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE S89°44'50"W ALONG THE
NORTH LINE OF LOTS 1 AND 2 OF SAID "ARLINGTON" FOR 112.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 2; THENCE N00°00'00"W FOR 25.00 FEET TO THE
INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT D
OF "AMENDED PLAT LEGION PARK", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 39, AT PAGE 93, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; THENCE N89°44'S0"E ALONG THE WESTERLY EXTENSION
OF SAID LOT "D" FOR 112.00 FEET TO THE NORTHWEST CORNER OF SAID LOT D;
THENCE S00°00'00"E ALONG THE WEST LINE OF SAID LOT D FOR 25.00 FEET TO THE
POINT OF BEGINNING.
PARCEL B:
LOT 7, OF AMENDED PLAT OF LEGION PARK, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 39, PAGE 93, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
PARCEL C:
LOT 9, OF ARLINGTON, A SUBDIVISION IN GOVERNMENT LOT 5, IN SECTION 18,
TOWNSHIP 53 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 7, PAGE 44, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LESS A TRACT OF LAND 9 FEET NORTH AND SOUTH BY 6 FEET
EAST AND WEST LYING IN THE NORTHEAST CORNER OF LOT 9, AND BEING THE
EASTERLY PRODUCTION OF THE SOUTH HALF OF ARLINGTON PLACE (NOW
CALLED NORTHEAST 64TH TERRACE) THROUGH SAID LOT 9, ARLINGTON, ALL
ACCORDING TO THE PLAT OF ARLINGTON, AS RECORDED IN PLAT BOOK 7, PAGE
44, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL D:
LOTS 6, 7, AND 8, OF ARLINGTON, A SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 44, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, LESS THE NORTH 7.5 FEET AS CONVEYED TO THE
CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION, AS PER RIGHT OF WAY
DEED RECORDED IN OFFICIAL RECORDS BOOK 27178, PAGE 3332, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
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PARCEL E:
Parcel 1:
LOT C, LEGION PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 39, PAGE 86, AS AMENDED PER AMENDED PLAT OF LEGION PARK,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 93,
BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Parcel 2:
LOTS "A" AND "B", LEGION PARK, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED PER AMENDED PLAT LEGION
PARK, PLAT OF LEGION PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 39, PAGE 93, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
Parcel 3:
THE EAST 10 FEET OF LOT "E", AND ALL OF LOTS "F", "G", AND "H", LEGION PARK,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 86, AS
AMENDED PER AMENDED PLAT OF LEGION PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Parcel 4:
LOT "E", LESS THE EAST 10 FEET THEREOF, LEGION PARK ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 86, AS AMENDED PER
AMENDED PLAT OF LEGION PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA.
Parcel 5:
LOTS 10 AND 11, AND LOT 14, LESS THE EAST 25 FEET THEREOF, LEGION PARK,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39, PAGE 86, AS
AMENDED PER AMENDED PLAT OF LEGION PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 93, BOTH OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
PARCEL F:
Parcel 1:
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LOT 19, AMENDED PLAT OF LEGION PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 39, PAGE 93, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
Parcel 2:
LOT 22, AMENDED PLAT OF LEGION PARK, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 39, PAGE 93, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
PARCEL G:
LOT 18 AND THE EAST 14 FEET OF LOT 15, AMENDED PLAT OF LEGION PARK, LESS
THE NORTH 16 FEET OF THE WEST 4 FEET THEREOF, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 93, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PARCEL H:
A PORTION OF LOTS 14 AND 15, AMENDED PLAT LEGION PARK, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, PAGE 93, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN 14 FEET WEST OF SOUTHEAST CORNER OF LOT 15 AFOREMENTIONED;
THENCE RUN NORTH PARALLEL TO THE EAST LINE OF LOT 15 FOR 84 FEET TO A
POINT; THENCE RUN EAST PARALLEL TO THE SOUTH LINE OF LOT 15 FOR 4 FEET;
THENCE RUN NORTH PARALLEL TO THE EAST LINE OF LOT 15 FOR 16 FEET TO THE
NORTH LINE OF LOT 15; THENCE RUN WEST ALONG THE NORTH LINE OF LOTS 15
AND 14 FOR 54 FEET TO A POINT; THENCE RUN SOUTH FOR 16 FEET TO A POINT;
THENCE RUN WEST FOR 11 FEET TO A POINT; THENCE RUN SOUTH ALONG THE
WEST LINE OF THE EAST 1/2 OF LOT 14 FOR 84 FEET TO THE SOUTH LINE OF LOT 14;
THENCE RUN EAST ALONG THE SOUTH LINE OF LOTS 14 AND 15 FOR 61 FEET TO
THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 39, PAGE 93 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
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DRAFT 8-30-24
Document prepared by:
Office of City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Return Recorded Copy to:
City of Miami
Planning Department, Attn: Planning Director
444 S.W. 2nd Avenue, 3rd Floor
Miami, FL 33130-1910
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
(Space Above for Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this
day of , 20 , by Mimo Bay Apartments II, LLC, a Delaware Limited
Liability Company having offices at 670 Dekalb Avenue, Suite 100, Atlanta Georgia, 30312 (the
"Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the
"City").
WITNESSETH:
WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida,
located north of NE 64 Street, east of Biscayne Boulevard, south of Legion Park, and west of NE
7 Avenue, legally described in Exhibit "A" attached hereto and made a part hereof (the
"Property"); and
WHEREAS, the Owner applied to amend a portion of the Property's Future Land Use
Map ("FLUM") designation under the City's Miami Comprehensive Neighborhoods Plan
("MCNP") legally described in Exhibit "B" from "Restricted Commercial" and "Medium Density
Multi -Family Residential" to "Restricted Commercial" (the "Proposed FLUM Amendment"); and
WHEREAS, the Owner concurrently applied to rezone the portion of the Property
described in Exhibit "B" from the T6-8-O and T5-R Transect Zones to the T6-8-O and T6-8-L
Transect Zones (the "Proposed Rezoning"); and
Submitted Into The Record
�W iD Ic No ctiqtaatA
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
WHEREAS, the City is the owner of the property known as Legion Park located at 6447
NE 7 Avenue and identified by Miami -Dade County Folio No. 01-3218-000-0030 ("Legion
Park"); and
WHEREAS, the Owner seeks to redevelop the`Property"with mixed -income residences,
among other uses, which will provide diverse housing options, including Affordable/Workforce
Housing; and
WHEREAS, the Owner seeks to make certain contributions for upgrades to Legion Park
and the surrounding neighborhood; and.
WHEREAS, the Owner intends, to .limit the total density and intensity permitted to be
developed on the Property to ensure compatibility with Legion Park and the surrounding
neighborhood; and
WHEREAS;. ahe Proposed.FLUM Amendment was approved pursuant to Ordinance No.
;and
WHEREAS,*
and
ezoning was approved pursuant to Ordinance No.
WHEREAS, the Owner desires to make a voluntary binding commitment to ensure that
the Property is developed in accordance with the provisions of this Declaration.
NOW THEREFORE, the':Owner, for valuable consideration, the receipt and adequacy
of which are hereby acknowledged; voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant
2
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
running with the land and binding upon the Owner of the Property, and its heirs, grantees,
successors, and assigns as follows:
1. Recitals. The recitals and findings set forthn the:preamble of this Declaration are
hereby adopted by reference thereto and incorporatedhherein as if fully set forth in this Section.
2. Density Restriction: The total number of units that may be developed on the
Property is 337 units.
3. Mixed -Income Housing: A minimum' of twenty (20) units shall: serve multiple
income ranges between eighty percent (8;0%) of the Area Median Income ("AMI"), or below, and
one -hundred twenty percent (120%) of the Area. Median Income, as published by the United States
Department of Housing and Urban Development and certified hythe Department of Community
and Economic DevelopmentOf the twenty (20) units,; a.mimmum,of sixteen (16) units shall be
reserved for households whose annual incomejs at or below eighty percent (80%) AMI. Prior to
building permit for development of the Property, the Owner shall provide a covenant in a form
acceptable to the CityAttorney for the provision of the Mixed -Income housing identified in this
Section.
Design -Limitations; The Property shall be developed substantially in compliance
with plans, including,. specifically, conceptual plans prepared , dated
attached hereto as Exhibit , except that said plans shall be revised to further
distinguish the transition between the portion of the property located within the MiMo/Biscayne
Boulevard Historic District from the remainder of the proposed building. The foregoing plans shall
be collectively referred to in this Agreement as the "Project Plans". "Substantially in compliance,"
for purposes of this Agreement, shall be determined by the City Planning and Zoning Director, or
designee. The maximum height of any development of the Property shall be limited to seventy-
five feet (75'). The maximum intensity of any development of the Property shall not exceed a
3
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
Floor Lot Ratio (FLR) of 707,600 square feet. Development of the Property shall not be eligible
for any bonus height or FLR available under Miami 21. Notwithstanding the foregoing, changes
to the Project Plans necessary to obtain approvals from land development review boards or
Commissions, including but not limited to, the Historic and'Environmental Preservation Board
(the "HEPB"), the Planning and Zoning Appeals Board'(the "PZAB"), the City Commission, shall
be deemed to be substantially in compliance with the Project Plans -so: long as the overall height,
density, and FLR do not exceed the limits set forth herein.
5. Public Benefits. The Owner shall provide the;.following Public Benefits to the
City:
a. Legion Park Contribution. Prior to:`issuance of a building permit for
development of the Property, the Owner shall provide.the City a one-time payment of two hundred
thousand dollars ($200,000.00) for improvements to %region Park
b. Public Parking. Subject to the City's final non -appealable approval
of a Warrant to permit Public Parking within a development on the Property, as well as a Waiver
for reduction of minimum off-street,parking standards, the Owner shall make fifty (50) parking
spaces, or suchother number. that:maybe approved and permitted in accordance with the City's
Miami 21 Zoning Code and Florida Building Code, within the ground floor of the development
available for use by the general public between the hours of 8:00 AM and 12:00 AM, except that
the Owner,; its successors and assignsshall retain the exclusive right to use five (5) ground floor
parking spaces for building operations- purposes during the hours that the ground floor parking
within the development is open to the general public. The Owner shall be entitled to levy a
reasonable hourly fee for use of the parking spaces by the general public that shall not exceed the
rate charged by the Miami Parking Authority for on -street parking spaces located on NE 64 Street
adjacent to the Property. Notwithstanding the foregoing, the parking spaces available for use by
4
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
the general public within the Property shall be available free of charge on Saturdays from 8:00
AM to 4:00 PM.
c. Traffic Circulation Improvements,'; :. Prior to issuance of a building
permit for development of the Property, the Owner shall, at the, Owner's sole cost and expense,
provide a maximum of $150,000.00 to study, design,; and construct traffic mitigation measures at
the intersections of Biscayne Boulevard and NE "63'8treet, NE 64 StreetNE 65 Street, and NE 66
Street, and the transition between commercial and residential uses west:;ofthe above -mentioned
intersections, as well as conduct a traffic signal optimization study between of all signalized
intersections with Biscayne Boulevard between NE.54 Street and NE 79 Street, which shall be
submitted to Miami -Dade County Department of Transportation and Public Works for the purpose
of implementing the optimization where feasible and appropriate.
6. Live Local Act. The Owner shall..not develop ;the Property pursuant to the
provisions of Section 16604151, :Fla. Stat. (2024) as same -may be 'attended from time to time.
7. Tree Preservation=:.To the greatest extent practicable, existing tree resources
located on the Property shallbe preserved, relocated, or replaced on -site.
8, . r Reversion to Prior Zoning The Owner shall obtain a master building permit for
development of the Property in accordance with the Project Plans within three (3) years of the date
the Proposed Rezoning and. Proposed FLUM Amendment are effective and non -appealable. The
Owner may make up to two (2), requests for six (6) month extensions in writing to the Zoning
Administrator provided good cause is shown for the extension. One additional six (6) month
extension may be granted by the:Zoning Administrator if the Owner possesses a master building
permit process number and is proceeding in good faith to obtain a master building permit to
develop the Property in:.accordance with the Project Plans, as determined by the Zoning
Administrator. If a master' building permit to develop the Property in accordance with the Project
5
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
Plans is not obtained within the titneframe specified by this section, the Owner voluntarily
covenants and agrees, notwithstanding any other provision of the Declaration, that the portion of
the Property subject to the Proposed Rezoning and Proposcd:FLUM Amendment shall thereafter
be developed in accordance with the regulations applicableto the Zoning Transect.
9. Effective Date. ' This instrument•shall constitute a covenant running with the title
to the Property and be binding upon Owner,, its successors and assigns upon recordation in the
Public Records of Miami -Dade County, Florida.: These restrictions shall be for the benefit of, and
a limitation upon, all present and future owners of the Property and for the public welfare.
10. Term of Covenant...This voluntary covenant on the part of the Owner shall
constitute a covenant running with the land and :remain in ful force and effect and shall be binding
upon the Owner, its successors in interest and assigns.for an initial period of thirty (30) years from
the date this instrument is recorded in the public records; and shall be automatically extended for
periods of ten (10) years, unless modified, atnended or released prior to the expiration thereof
11. Inspection. and Enforcement. °' Zt is understood and agreed that any official
inspector of the City of Miami may have the right at any time during normal working hours of the
City of Miami's inspector to triter upon the-Property:for the purpose of investigating the use of the
Property, and for detei µMining whether the conditions of this Declaration and the requirements of
the City'-s'building and zoning regulations are being complied with. An action to enforce the terms
and conditions of this Declaration may "be brought by the City and may be by action at law or in
equity against; .any party or person violating or attempting to violate any covenants of this
Declaration of provisions of the.'building and zoning regulations, either to restrain violations or to
recover damages. This enforcement provision shall be in addition to any other remedies available
under the law.
6
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
12. Cumulative. All rights, remedies, and privilegesgained herein shall be deemed
to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges as may be available to it.
13. Presumption of Compliance. ere construction has occurred on the Property or
any portion thereof, pursuant to lawful permit issued by the City, and, inspections made and
approval of occupancy given by the City, then such construction, inspection, and approval shall
create a rebuttable presumption that the buildings or ;structures :thus constructed comply with the
intent and spirit of this Declaration.
14. Amendment, Modification, Release. This instrument may be modified, amended,
or released as to any portion or all of the Property only after tle.occurrence of a public hearing
before, and approval from,,. the City Commission. Any amendment, ;modification, or release shall
be executed by the Planning Director and the.Zoning Administrator, or their successor or designee,
and be in a form acceptable to the City Attorney:;
15. Severability. Invalidation of anyone of these covenants by judgment of Court
shall not affect any' of the other, provisionsof this Declaration, which shall remain in full force and
effect.
16:;:;�, . Recordings This Declaration shall be filed of record among the Public Records of
Miami -Dade -County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance
by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department
of Hearing Boards Within thirty(30) days of recordation.
17. Counterparts/Electronic Signature. This Declaration may be executed in any
number of counterparts, eachof which so executed shall be deemed to be an original, and such
7
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
counterparts shall together constitute but one and the same Declaration. The parties shall be
entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile,
PDF or other email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute and
deliver to the other parties an original signed Declaration upon request.
18. No Vested Rights. Nothing in this Declaration shall be:construed to create any
vested rights whatsoever to the Owner, its successors, or assigns.
19. Estoppel. The Owner, , its successors,or assigns, shall be entitled to request an
Estoppel Certificate from the City certifying compliance and good standing with the terms of this
Declaration upon ten (10) days written notice from the Owner.
SIGNATURE PAGES TO -FOLLOW
8
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of
, 20 .
Witnessed by:
Mirno Bay Apartments II, LLC
tsy:
Name: Michael Van IDrFoel, Managing Partner
Address:
Signature:
Name:
Address:
Signature:
STATE OF FLORIDA )
ss
COUNT,YOF MIAMI-DARE)
The foregoing instrument was acknowledged before me, by means of physical presence OR
online notarization, this* ::. day of , 20 by
of He personally appeared before me, is personally known to me or
produced
as identification.
Name:
Notary Public, State of Florida
Commission No.
My commission expires:
9
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
APPROVED AS TO CONTENTS:
David Snow, AICP, LEED
Planning Director
Daniel S. Goldberg, Esq.
Zoning Administrator
APPROVED AS TO LEG
FORM AND CORRECTNESS:
George Wysoig: Es
City Attorney
10
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
Exhibit "A"
]Total Property ]
11
Declaration of Restrictive Covenants
Folio No(s):
01-3218-006-0040
01-3218-006-0030
01-3218-006-0020
01-3218-000-0100
01-3218-002-0081
01-3218-002-0080
01-3218-002-0110
01-3218-002-0100
01-3218-006-0060
01-3218-006-0051
01-3218-006-0050
01-3218-002-0020
01-3218-002-0030
01-3218-002-0040
01-3218-002-0050
01-3218-002-0060
01-3218-002-0070
Exhibit "B"
[Rezoning Area Legal Description]