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HomeMy WebLinkAboutSubstitution Memo from Planning DepartmentCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V, City Manager DATE: December 10, 2024 SUBJECT: Substitution of PZ. 6, Updates to the Staff Analysis and Legislation File ID 16838 FROM: David Snow Director, Planning Department ENCLOSURE: Updated Legislation and Staff Analysis The purpose of this Substitution Memorandum for Item PZ. 6 on the December 12, 2024, City Commission Agenda is to provide an updated staff analysis and legislation. The updates are necessary to address and incorporate findings related to a waiver of waterfront setback requirements with the proffering of public benefits. Upon approval, the updated staff analysis and legislation for the above -referenced Special Appearance will be provided to the City Clerk's Office for distribution to the Mayor and all Commissioners. Approved: [DOCUSflCd RiMNM vi,ur Abvix,a► Arthur Noriega V, City Manager • rri -o W ' 1838 4Dv'bcv1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS MODIFICATION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA; APPROVING A PARTIAL RELEASE/MODIFICATION OF AN AMENDED RESTRICTIVE COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "C;" AND APPROVING THE PROFFERED SECOND AMENDED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTY LOCATED APPROXIMATELY AT 1633 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Nicholas Barshel, Esquire, on the behalf Host Biscayne Bay Land LLC, a subsidiary of Host Hotels & Resorts (the "Applicant") submitted a request to the City of Miami (the "City") for a Special Appearance for a partial release/modification of a recorded Amended Restrictive Covenant attached and incorporated as Exhibit "C," (the "Amended Covenant") and modification of the waterfront setback requirements pursuant to Section 3(mm)(iii) of the City Charter for the property located approximately at 1633 North Bayshore Drive, Miami, Florida, (the "Property") as legally described in Exhibit "A,"; and WHEREAS, the Property is an assemblage of approximately 82,847 square feet of lot area (1.90 acres); and WHEREAS, the Property is in the "T6-36B-O," Urban Core Transect Zone — Open; and WHEREAS, on May 4, 1972, the Owner's predecessor (the "Previous Owner") entered into a Restrictive Covenant agreement with the City, as recorded in Official Records Book 7878, Page 266 of the Public Records of Miami -Dade County, Florida (the "Covenant") regarding the proposed Plaza Venetia development (the "Plaza Venetia") on the Property and surrounding parcelsf; and WHEREAS, the Covenant stipulated that the Property was required to be developed substantially in compliance with the sketches, drawings, renderings, and models approved by the Miami City Commission (the "City Commission") to construct a Mixed -use project (the "Initial Project"); and WHEREAS, the Initial Project was approved with a 20-foot waterfront setback; and WHEREAS, pursuant to Section 3(mm)(iv), the 50-foot waterfront setback provision does not apply to lands and projects that received approval before 1979, including "Plaza Venetia," Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972"; and WHEREAS, on February 28, 1980, the Previous Owner entered into an Agreement (as defined below) and also an Amended Covenant with the City, as recorded in Official Records Book 10684, Page 1729 of the Public Records of Miami -Dade County, Florida, which amended the Covenant related to the development of the Property; M r rrl c) -.o r.� WHEREAS, the Agreement with the City (the "Agreement") and Amended Covenant provided a 50-foot waterfront setback requirement from the shoreline of Biscayne Bay that must be observed at the Property; and WHEREAS, In 1982, the Property was developed as a Hotel (the "Hotel") per the Agreement and Amended Covenant; and WHEREAS, the Agreement and Amended Covenant provided a 50-foot waterfront setback requirement from the shoreline of Biscayne Bay that must be observed at the Property; and WHEREAS, the Applicant applied for a Variance to allow for additional Height; and WHEREAS, in 1982, the Previous Owner developed a Hotel on the Property in accordance with the Amended Covenant; and WHEREAS, the Applicant is now proposing to renovate the Hotel to include a two (2) story Place of Assembly (the "Place of Assembly") with indoor and outdoor amenities encroaching into the 50-foot waterfront setback area set forth under the Amended Covenant; and WHEREAS, the proposed enclosed Place of Assembly is approximately 4,182 square feet; and WHEREAS, the Applicant is seeking a partial release/modification to the Amended Covenant to provide that a 25-foot setback requirement from the shoreline of Biscayne Bay may be observed at the Property for the Hotel's Place of Assembly; and WHEREAS, the Applicant also seeks a modification of the 50-foot waterfront setback by the City Commission as contemplated in Section 3(mm)(iii) of the City Charter, which states that such setback requirement may be modified by the City Commission after design and site -plan review and public hearing only if the City Commission determines that the modifications requested provide public benefits such as direct public access, public walkways, plaza dedications, covered parking up to the floodplain level, or comparable benefits which promote a better urban environment and public advantages, or which preserve natural features; and WHEREAS, in consideration of this waiver and approval of a 25-foot setback for the Place of Assembly, the Applicant is proffering public benefits that promote a better urban environment through improvements and upgrades to the existing waterfront patio. Initially, furnishing the waterfront patio for the public will cost at least $250,000, which will be paid by the Applicant, who will then cover all costs of maintaining and securing the area under the Amended Covenant; and WHEREAS, the Applicant proffered a Second Amended Covenant, attached hereto, and incorporated as Exbibit "B;" and WHEREAS, the Applicant proffered the following restrictions: a. Modified Setback for Place of Assembly Improvements. Subsection 2.6 4;the Covenant, previously modified by the Amended Covenant, is hereby further amended to provide that: Notwithstanding anything to the contrary herein, the proposed Place of Assembly/event space for the existing hotel up to two (2) stories in height with related indoor and outdoor amenities, including but not limited to accessory use hotel dining (collectively, the "Place of Assembly Improvements"), is permitted to be setback only 25 feet from the shoreline of Biscayne Bay. The sketches, drawings, renderings, and models of the Place of Assembly Improvements, made part of the record under City Commission Resolution No. and incorporated herein by reference, will be substantially complied with. b. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to also include the following new subsection: D. It is understood and agreed that, in conjunction with Owner's development of the Place of Assembly Improvements, Owner shall construct on and improve the existing elevated patio with landscaping, hardscaping, lighting, and furniture upgrades generally in accordance with the plans incorporated herein (the "Outdoor Patio"). The Outdoor Patio shall remain open to the public between sunrise and sunset every day for the purposes of viewing Biscayne Bay and other passive recreational activities. The Outdoor Patio may include a gated entry for security purposes that is closed overnight outside of these daily hours. Owner shall ensure that the Outdoor Patio is continuously maintained in a safe and well- kept manner, so as not to pose a safety hazard to the public and to be aesthetically pleasing in this highly visible waterfront location, and Owner may establish and enforce rules for use of the Outdoor Patio to do so that are generally consistent with the City's park regulations set forth under Chapter 38 of the City Code. Notwithstanding the foregoing, temporary closures of the Outdoor Patio to the public may be permitted (i) for such periods of time as may be reasonably required for construction, repairs, and maintenance to the Outdoor Patio, or (ii) under temporary emergency circumstances. WHEREAS, on October 17, 2024, the Review Release Committee recommended approval of the partial release/modification of the Amended Covenant; and WHEREAS, the Planning Department recommends approval of the partial release/modification to the Amended Covenant, approval of the Second Amended Covenant as presented by the Applicant, and approval of the waterfront setback modification pursuant to the City Charter; and WHEREAS, as required by Section 3(mm)(ii) of the Charter, it is determined that the Applicant's Place of Assembly provides various public benefits including promotion of a better urban environment through improvements and upgrades to the existing waterfront patio, fumishing the waterfront patio for the public (which will cost at least $250,000), and maintaining and securing the area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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. -o 0 0 r Section 2. The City Commission approves the partial release/modification of the Covenant, in a form acceptable to the City Attorney, by the following two (2) restrictions: c. Modified Setback for Place of Assembly Improvements. Subsection 2.B of the Covenant, previously modified by the Amended Covenant, is hereby further amended to provide that: Notwithstanding anything to the contrary herein, the proposed Place of Assembly/event space for the existing hotel up to two (2) stories in height with related indoor and outdoor amenities, including but not limited to accessory use hotel dining (collectively, the "Place of Assembly Improvements"), is permitted to be setback only 25 feet from the shoreline of Biscayne Bay. The sketches, drawings, renderings, and models of the Place of Assembly Improvements, made part of the record under City Commission Resolution No. and incorporated herein by reference, will be substantially complied with. d. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to also include the following new subsection: D. It is understood and agreed that, in conjunction with Owner's development of the Place of Assembly Improvements, Owner shall construct on and improve the existing elevated patio with landscaping, hardscaping, lighting, and furniture upgrades generally in accordance with the plans incorporated herein (the "Outdoor Patio"). The Outdoor Patio shall remain open to the public between sunrise and sunset every day for the purposes of viewing Biscayne Bay and other passive recreational activities. The Outdoor Patio may include a gated entry for security purposes that is closed overnight outside of these daily hours. Owner shall ensure that the Outdoor Patio is continuously maintained in a safe and well -kept manner, so as not to pose a safety hazard to the public and to be aesthetically pleasing in this highly visible waterfront location, and Owner may establish and enforce rules for use of the Outdoor Patio to do so that are generally consistent with the City's park regulations set forth under Chapter 38 of the City Code. Notwithstanding the foregoing, temporary closures of the Outdoor Patio to the public may be permitted (i) for such periods of time as may be reasonably required for construction, repairs, and maintenance to the Outdoor Patio, or (ii) under temporary emergency circumstances. Section 3. The City Commission, after design and site -plan review and public hearing in accordance with Section 3(mm)(iii) of the City Charter and Article 3, Section 3.11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, (the "Miami 21 Code"), hereby determines that the modifications to the Waterfront setback requirements requested by the Applicant provide public benefits which promote a better urban environment and public advantages and hereby approves the modification of the Waterfront Standards and Setback requirements for the Place of Assembly located at approximately 1633 North Bayshore Drive, Miami, Florida and as legally described in Exhibit "A," attached and incorporated, subject to the following conditions: 1) This approval is only for those elements discussed herein. Full compliance is required with all other requirements of the Miami 21 Code; the Code of the City of Miami, Florida, as amended ("City Code"); and all Miami -Dade County, State of Florida, and Federal agencies and regulations. 2) The Applicant shall comply with all applicable requirements as part of the building and permitting process. 3) The Property shall comply with all Building Code regulations and shall not have any open Code violations. 4) The City reserves the right to inspect the site/Property to ensure compliance with the conditions as listed. 5) Failure to comply with the conditions herein may result in the immediate revocation of this Resolution and shall be subject to any fines and penalties pursuant to the City Code. Section 4. All remaining provisions and restrictions in the Amended Covenant previously accepted by the City Commission remain in full force and effect. Section 5. This Resolution shall become effective ten (10) days upon its adoption and signature of the Mayor.' �-e 1 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. rrl c7 Yr City of Miami Planning Department ANALYSIS FOR SPECIALAPPEARANCE Staff Analysis Report No. PZ-23-16064 Location 1633 North Bayshore Drive Folio Number 0132310360021 Miami 21 Transect "T6-36B-O" Urban Core Transect Zone — Open MCNP Designation Central Business District Commission District District 2, City Commissioner Damian Pardo Commissioner District Office Downtown-Brickell Planner Darren Murphy, Plannerll dmurphvCa�miamigov.com Vickie Toranzo, Chief of Land Development vtoranzo miami ov.com Property Owner Host Biscayne Bay Land LLC Project Representative Nicholas Barshel, Esquire nicholas.barshel@akerman.com A REQUEST Nicholas Barshel, Esq., on behalf of Biscayne Bay Land LLC and Host Hotels & Resorts ("the Applicant), is requesting approval of the Covenant modification and associated waterfront setback Waiver for the property generally located at 1633 North Bayshore Drive, Miami, Florida, (the "Property"). B. RECOMMENDATION PROJECT DATA The Planning Department recommends the approval of the Covenant modification and associated waterfront setback waiver based on the facts and staff findings. C. PROJECT DATA The Property is located within Miami 21 Code's T6-36B-O Transect Zone — Open, which has the highest Density and variety of Uses. It has the Central Business District ("CBD") designation of the Miami Comprehensive Neighborhood Plan's ("MCNP") Future Land Use. Staff Analysis Report No. (PZ-23-16064: 1633 N BAYSHORE DR -Special Appearance) — Page 1 of 8 10/15/2024 Figure 1: Aerial view of subject Property outlined in red Miami 21 Code MCNP / Density ("du") Existing Use North T6-36B-O Central Business District / 1,000 du/acre Hotel/Motel South T6-36B-O Restricted Commercial / 150 du/acre; Central Business District / 1,000 du/acre Housing of Worship, private recreational facilities associated with private residential development, marina complexes East N/A N/A Coastal Water — N/A West T6-36B-O Restricted Commercial / 150 du/acre Sales and Service Table 1: Abutting Prope►tiesandthe associated Miami 21 Code TransectZones, MCNP Future Land Use designations, and existing Uses. Staff Analysis Report No. (PZ-23-16064: 1633 N BAYSHORE DR -Special Appearance) — Page 2 of 8 12/9/2024 D. BACKGROUND On May 4, 1972, the Owner's predecessor (the "Previous Owner") entered into a Restrictive Covenant agreement with the City, as recorded in Official Records Book 7878, Page 266 of the Public Records of Miami -Dade County, Florida (the "Covenant") regarding the proposed Plaza Venetia development (the "Plaza Venetia") on the Property and surrounding parcels. On February 28, 1980, the Previous Owner entered into an Amended Covenant with the City, as recorded in Official Records Book 10684, Page 1729 of the Public Records of Miami -Dade County, Florida, which amended the Covenant related to the development of the Property. The agreement with the City (the "Agreement') and Amended Covenant provided a 50-foot setback requirement from the shoreline of Biscayne Bay that must be observed at the Property. In 1982, the Property was developed as a Hotel (the "Hotel") per the Agreement and Amended Covenant. E. ANALYSIS Restrictive Covenant The Previous Owner proffered a Restrictive Covenant in favor of the City of Miami that the Property would be developed following the City Commission -approved sketches, drawings, renderings, and models. The plans included a 20-foot setback. Amended Restrictive Covenant On February 28, 1980, the Previous Owner entered into an Agreement with the City to construct a 305-foot Hotel tower and a 352-foot apartment tower at the Property. This project included a waterfront setback of approximately 20 feet from the shoreline of Biscayne Bay; however, in the City's effort to establish a 50-foot waterfront setback, they proposed the Previous Owner obtain a Variance to allow for additional Height. Second Covenant Modification The Applicant proposes constructing a Place of Assembly addition (the "Place of Assembly") to the Hotel with a 25-foot waterfront setback from the shoreline. Because the Place of Assembly extends into the 50-foot waterfront setback area established by the amended Covenant, the Applicant must obtain City Commission approval for a second modification to its terms. Waiver of the Waterfront Setback Although the Hotel shall maintain a 50-foot waterfront setback under the "Amended Restrictive Covenant," it is exempt from Section 3(mm)(ii) requirements in the City Charter. Under Section 3(mm)(iv), that waterfront setback provision does not apply to lands and projects that received approval before 1979, including "Plaza Venetia," Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972." The owner is complying with the procedure to waive the waterfront setback requirements for the Place of Assembly under Subsection 3(mm)(iii) of the Charter in exchange for providing public benefits to be approved by the City Commission. Staff Analysis Report No. (PZ-23-16064: 1633 N BAYSHORE DR -Special Appearance) — Page 3 of 8 12/9/2024 In consideration for this waiver and approval of a 25-foot setback for the Place of Assembly, as shown in the attached plan set, the Owner is proffering public benefits that promote a better urban environment through improvements and upgrades to the existing waterfront patio. Initially, furnishing the waterfront patio for the public will cost at least $250,000, which will be paid by the Owner, who will then cover all costs of maintaining and securing the area under the amended Covenant. riNDINGS • The Property is located within the "T6-36B-O," Urban Core Transect Zone — Open. • The Property has a FLU designation of the Central Business District. • The Property is approximately 87,472 square feet (2.0 acres) in size. • The Previous Owner proffered a Restrictive Covenant that the plans would be developed according to those presented to the City Commission. • The Previous Owner entered into an Agreement with the City to reduce the setback to a 50-foot waterfront setback and would apply for a Variance to allow for additional Height. • The Agreement required the Covenant to beamended. • The Property was developed with a Hotel and continues to operate with that Use. • The Applicant is proposing an enclosed addition of approximately4,182 square feet. • Under Subpart A, Section 3(mm)(iv), the waterfront setback of at least 50 feet shall not apply to those land projects that the City Commission has approved before September 18, 1979. • The Applicant seeks a partial Waiver and approval of a 25-foot setback for the Place of Assembly within the 50-foot waterfront setback. In return, the Owner is proffering public benefits promoting a better urban environment through improvements and upgrades to the existing waterfront patio, furnishing the waterfront patio for the public (which will cost at least $250,000), and maintaining and securing the area. G. REVIEW RELEASE COMMITTEE The Review Release Committee recommended approval on October 17,2024. H. CONCLUSION Based on the analysis herein, the Planning Department recommends Approval of the Amended Restrictive Covenant and a partial Waiver of the Waterfront Setback. Eli Staff Analysis Report No. (PZ-23-16064: 1633 N BAYSHORE DR -Special Appearance) — Page 4 of 8 12/9/2024 PDocuSiign.dd by: awl 77g91181W'AY4C$ David Snow Planning Director DocuSigned by: S1M4 u, S{ 1A7SrAr5AF7FiAR Sevanne Steiner, CNU-A Assistant Planning Director �DocuSigned by: u� llroakiye '-3D882281C28F4A8 Vickie Toranzo Chief of Land Development Signed by: L �000c�ffi Darren Murphy Planner II Planning Department Attachments: Attachment 1 — Restrictive Covenant Attachment 2-Agreement Attachment 3 — Amended Restrictive Covenant Attachment 4 — Resolution No. 72-226 Attachment 5 — Site plan - Proposed Place of Assembly expansion & dedicated Waterfront Outdoor Space Staff Analysis Report No. (PZ-23-16064: 1633 N BAYSHORE DR -Special Appearance) — Page 5 of 8 12/9/2024 lb? . • •fit • Exhibit A 72R2000E9 'It Sri o tii 1 ' 38 w ifC 678 rc26G • Attachment 1 RESTRICTIVE COVENANT COMES NOW FLORIDA EAST COAST PROPERTIES. INC. , a Florida corporation authorised to do busts's. In the State of Florida. f and does hereby made. publish. declare and file the following restrictive covenant in favor of the City of Miami, a municipal corporation snd a political subdivision of the State of Florida. WHEREAS. FLORIDA EAST COAST PROPERTIES, 1NC. , is the owner of the following legally described land: All of Tract "A" of Replat of a portion of the amended plat of Nelson Villa according to the Plat thereof recorded in Plat Book S6, page 69; and Lots 4. S. 30 and 31 and that portion et Lots 6 and 29 which lie East of Biscayne Blvd. • of Biscayne Park Addition, according to the Plat thereof recorded in Plat Book 2 at Page 24 and Lots 1 and 2 and all of the tilled in and bulkhead land lying East of and contiguous to the said Lots 1 and 2, also Lots 3. 32. 35. 36, 37, 3S. 39. 40. 41. and 42 said all of the unnamed North -South street and that portion of the circular parkway which lie. between Lot. 3 and 4 North of the North right of way line of N.E. 16 Street and all of the unnamed North -South Street and that portion of the circular parkway which lies between Lots 31 and 32 South of the South Righl•of•way line of N.E. 16 Street. all as shown on the AMENDED PLAT OF BISCAYNE PARK ADDITION. according to the Pietthsrnot. recorded in Plat Book 4. at Page 22; and Lots 1 and 2. Block "A" and all of the filled in add bulkhead land lying East at and contiguous to the said Lots 1 and 2. Lot. 3 4 4 Block B. Lot S through 10. and that portion of Lot 11 whitk lies saet of Biscayne blvd. la Block C. all as ahown on the plat of RICE 4 SULLIVAN SUB. , according to tho plat thereof. recorded In Plat Book 4. at Pais 64; and Lots 1 4 2 and that part of the South 20 feet of Lot 3 lying East of the original shore line of Miramar Plasa. all in the AMENDED PLAT OF MIRAMAR PLAZA, according to the Plat thereof, recorded in.Plat Book 33. at Page la ; and Begin at the SW corner of Lot t of AMENDED PLAT OF MIRAMAR PLAZA, Plat Book 33. at Page IS; thence South along the prolongation South of the West line of the said lot 1, for a distant* of 25' more or less. to the NW earner of Lot 1. Block "A" of RICE 4 SULLIVAN SUB., Plat Book 4. at pose 64; thence East along the Book7878/Page266 CFN#19720200069 Page 1 of 5 4f 4..• :« 7878 267 North line of Lot 1. Block A of the said Rice & Sullivan Subdivision and its prolongation East, for a distance of 492. 96 to the taco of an existing concrete bulkhead; thence northerly. along the late of the said concrete bdkhead for a distance of 25. more or less, to the intersection thereof with the South line of Lot 1. of the said AMENDED PLAT OP MIRAMAR PLAZA or its prolongation **surly; thence west. along the south line of Lot 1 of the said AMENDED PLAT or MIRAMAR PLAZA. for a distance of 493.65 ft. to the Point of Beginning. All before described in the Public Records of Dade County. Florida. and The Westerly 130' of Lots 1 & 2 and Lots 3. 4, 5, 6 and 7 in Block 14 of THIRD AMENDED PLAT OF MIRAMAR. according to the Plat. as recorded in Plat Book S. page 4 of the Public Records of Dade County. Florida, and Lot 6. Block Z. Rice & Sullivan Sub.. Plat Book 4, Page 64. and Lots 7 through 13 inclusive, in Block 3 of Rice 1 Sullivan Sub.. according to tits Plat thereof. recorded in Plat Book 4 at Page 64 of the Public Records of Dade County, Florida. and, WHEREAS. FLORIDA EAST COAST PROPERTIES. INC. has currently applied to the City of Miami, Florida. to construct a multi- million dollar proJset known ae Plass Venetia on the land legally desc.ibed above. and WHEREAS. FLORIDA EAST COAST PROPERTIES. INC. desires to develop said Land in accordance with certain plans deslptsted as Plssa Venetia. Miami, Florida, latest revision dated March 31. 1972, Sheets 1 throsglt •, as prepared by Mr. Joseph Amisano, FAIA. 148 Cain Street, N.E.. Atlanta, Georgia 30303, and WHEREAS. FLORIDA EAST COAST PROPERTIES, INC. desires to bind itself to the City of Miami to develop its property substantially in accordance with said plans. and "WHEREAS, the City of Miami Florida, a municipal corporation. does hereby wish to acoopt this restrictive covenant on behalf of the City of Miami sad deems said restrictive covenant to be le the beet interest and general overall welfare of the City of Miami for the development of Plass Vsaetia -2- f 1 Book7878/Page267 CFN#19720200069 Page 2of5 i 4 • 7878 7t. 268 described above. now, TIIEREYORZ, IT IS 8ZRtmY COvinaur an, CONTRACTED AND AGREED AS POLZ.OWS• 1. That FLORIDA PAST COAST PROPERTIES, INC. doss hereby covenant, agree and binds itself to the City of Mani, a municipal corporation, that it will develop ita lands legally described above substantially in accordance with those certain plans designated as Plaza Venetia, Miami, Florida, latest revision dated march 33, 1973, Sheets 1 through 8, as prepared by Mr. Joseph Amisano, rAIA, 148 Cain Street, N.8., Atlanta, Georgia 30303. 2. That Florida Rest Coast Properties, Inc. binds itself to act and perform so as to comply with all of its reprsaentatioss and agreements made as shown in the Official Court Rsportwe's Transcript of the City Ccswission Besting of April 20, 1972. Item No.36, concerning the development of Plaza Venetia which includes but is not limited to the agreements as to the following items' A. That Joseph Amisano, PALA, will continue to be the supervising architect through the completion of the project. 8. The sketches, drawings, rendering@ and models of the Plaza Venetia project made a part e: the record at the presentation before the City Commission on April 20. 1972. bring Item No. 26. dealing with the development of Plaza Venetia. will be substantially complied with. C. That the easement discussed as being maintained for the ee:'wting property owners at the close of the meeting will be maintained and made a part of the seplat. waussmisommININNIIINENM -3.. . . • C3 Book7878/Page268 CFN#19720200069 'M1% ;ti4•t3 Page 3 of 5 1 : • • iic 7878 ►c 269 3. That the City of Miami does hereby accept this restrictive covenant and deems same to be in the best interest and overall general welfare of the City of Miami for the development of Plaza Venetia described shove. DATED at Mieni, Florida, this y of lMt, 1971. WitnesSess 11.. O. STATE or . IDA s e SSs COUNTY or DADE FLORIDA EAST COAST PROPERTIES, INC.. a Florida cprporation Presrdent� Attests /.sl.tc.,1 Secretary CITY or MIAMI, mLORIDd1. a municipal corporation BEFORE P. the undersigned authority. personally appeared .T .t h t .s , as President, and C4AnalTvMf Co*/ , as Secretary of FLORIDA EAST COAST PROPERTIES, INC., a Florida corporation, and after by me being duly sworn depose and say that they executed the foregoing restrictive covenant for the purposes contained therein. IN WITNESS WHEREOF. I have hereunto set my hand and seal -4- •i Book7878/Page269 CFN#1 9720200069 Page 4 of 5 IlC 7878 f; 270 in t' s State and County named above this day of May. 1973. ,'•`Ili Ite: • ; STATE OF FLORIDA ) SS: COUNTY OF DADE ) • ,, )4oTLhtWl A1%10Ic1 • btate of Florida at Large My Commission Expires: `Ware TrMi+:4ve 4f i%•Uia •tLsTrs My Cmreniutee Expires .May 10. 1975 BEFORE ME. the undersigned authority. personally appeared t M. L. ALESS as SLTY FU61ArEtt of the City of Miami, Florida. who after by me being first duly sworn. deposes and says that be has executed the acceptance of the foregoing restrictive covenant on behalf of the City of Miami. Florida. for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal in the Stale and County named above, this Ably ol7rlolr.a 1972. State of Florida at Large My Commission. Expires: y1101�1 not d FLOWS saioeoairi.ltouaN rsco pr i 1 SWIM' !A AS IOIiK/fibli Co I' jjj 4 A. ROONSTW1 City Attorney TItIS f'STR1 SST PRBPARBD SY ALAN H. ROTHS:EIN City Attorney. City of Miami Law Departwent, 65 S. N. First Street., Meld. Florida. nW10aMRMM,lM1t10 NM MILS :4 mMM E. 8. £AI'QIRIIAit Book7878/Page270 CFN#19720200069 Page 5 of 5 Exhibit B 1980 HAR 12 PH I: Sf SEC 10684 61727. AGREEMENT THIS AGREEMENT entered into this Ap,ay of February, 1980 by and between FLORIDA EAST COAST PROPERTIES, INC., a Florida corpora- • tion, and the CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the State of Florida. WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. is the owner of the property known as Tract B of Omni International, recorded in Plat Book 102, at Page 3 of the Public Records of Dade County, Florida; and WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. has received the necessary permission from the CITY OF MIAMI to Construct a building on said property which is to be built approximately 20 feet from the shore line of Biscayne Bay; and WHEREAS, the CITY OF MIAMI is desirous to persuade FLORIDA EAST COAST PROPERTIES, INC. to modify its existing plans to allow for a 50 foot setback from the shore line of the aforesaid property and to further modify said plans to allow FLORIDA EAST COAST PROPERTIES, INC. to add additional height to the buildings which have already been ap- proved by the CITY OF MIAMI. NOW, THEREFORE, in consideration of the mutual promises made each to the other, it is hereby covenanted, contracted and agreed as follows: 8QR 691G; Attachment - 2 1. That in order for the above to be accomplished a variance by the CITY OF MIAMI is necessary and FLORIDA EAST COAST PROPERTIES, INC. has agreed to apply to the CITY OF MIAMI for said variance. 2. That it is further agreed between the parties that should said variance not be granted by the CITY OF MIAMI for any reason, or should the variance be granted and not used by FLORIDA EAST COAST PROPERTIES, INC. within the time provided for variances as extended, or not used by FLORIDA EAST COAST PROPERTIES, INC. for any reason, then in that event, FLORIDA EAST COAST PROPERTIES, INC. shall be re- quired to revert back to the original permitted and approved structure but without the necessity of securing any additional permits other r fCC10684 P,1728 than those permits originally required for such building as origin- ally approved. 3. That the purpose of this Agreement is to ae ure FLORIDA. s'• 'EAST COAST PROPERTIES, INC. that if for any reason it does not decide to actually construct the building of increased height with a 50 foot setback, that it shall be permitted to construct the building which has been previously approved and permitted by the CITY OF MIAMI with- out the necessity of receiving any additional permits or approval from the CITY OF MIAMI. K1�l,,e.. IN WITNESS WHEREOF, the parties hereto have set their hands .vA. saltii .this , , day of February, 1980. Sid . rr. 10•-4..,!.5st^et/6FO 3ir'4'1`' ME r.K , ,0 =i y '1 l , i9414 _ FLORIDA EAS ' COAS PROPERTIES, INC., a Florida i r . tion �• � S �,5 -��' (Y Pane State-o Rer large. = . .. CcWnissioa Expires Sept 13,1961. ATTEST: 'LIBOR • OLLO, President ATTEST: AGREED AND ACCEPTED this /i Ssr Secretary day of February, 1980. CITY OF MIAMI, FLORIDA, a municipal corporation By RALPH G. ONGIE, CITY CLERK AND CORRECTNEt'S : GEO'. F. NOX, JR CITY ATTORNEY JOSEPH R. GRASSIE, City Manager imamate t11 ntto./ stamens moms Of O.Ot Comae. t1011104. e(eO.O via0.e, RICL1AHD P.18R1NKEty CLERK CIRCUIT COuRf 1 LAI I L v 1980 MAR .12 PH 1: b1 at 10684 Pc i 729 SCR -69165 AMENDED RESTRICTIVE COVENANT Attachment 3 COMES NOW FLORIDA EAST COAST PROPERTIES, INC., a°Florida corporation authorized to do business in the State of Florida, and does hereby modify that certain Restrictive Covenant agreement entered 'into by FLORIDA EAST COAST PROPERTIES, INC., on the 4th day`ofMay, 1972 add accepted by the CITY OF MIAMI on the 19th day of May, 1972 by City Resolution No. 72-226. That said Restrictive Covenant agreement be and the same is hereby modified as follows: 1. Section 2.B. is hereby amended to read: The sketches, drawings, renderings and models of the Plaza Venetia Project as appearing on plans stamped "6 February, 1980" by the Planning and Zoning Boards Administration Department are hereby stipulated as constituting a part of the record at the presentation before the City Com- mission on April 20, 1972, being Item No. 36, dealing with the development of Plaza Venetia, will be substantially complied with, except that a 50 foot setback requirement from the shoreline of Biscayne Bay will be observed thereby permit - trig a further exception, namely, that said sketches, drawings, renderings and models may be modified by additional plans prepared by Joseph Amisano, the supervising architect of the project, to allow said complex to consist of a hotel tower 305 feet in height and an apartment tower 352 feet in height including parking structure for both towers; all of said structures being located on Tract 8 of Omni International. recorded in Plat Book 102, at Page 3 of the Public Records of Dade County, Florida. DATED at Miami, Florida, this,., y4\j*ay of February, 1980. WITNESSES: ACCEPTED AND APPROVED this ATTEST: 44!). -.AAS TO Fc ` AND CORRECTNESS: FLORIDA EAST COAST PRAPERTIES, INC., a Florida c94porati ATTEST: LO, President Secretary y of February, 1980. CITY OF MIAMI, FLORIDA, a municipal corporation CD =J'E By JOSEPH R. GRASSIE, City Manager PH G. ONGIE, CITY CLERK CITY ATTORNEY NOTICE • STATE OF FLORIDA ) ss: COUNTY OF DADE EU 1068f PG I 730 BEFORE ME, the undersigned auth rity,.personally appeared .a O#J n/ L✓- uR 1Sei./ fss, TIBOR HOLLO, as President, and ERMUOMIONEPORAY, as Secretary of FLORIDA EAST COAST PROPERTIES, INC., a Florida corporation, and after by me being duly sworn depose and say that they executed the foregoing Restrictive Covenant for the purposes contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and seal in the state and county named above this.4 (' day of Februaryilp,. F g: c4, -1 -. Notary Public,�State o My Commission Expires: STATE OF FLORIDA ) ss: COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared as of the City of Miami, Florida, who after by me being first duly sworn, deposes and says that he has executed the acceptance of the foregoing Restrictive Covenant on behalf of the City of Miami, Florida, for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal in the state and county named above, this day of February, 1980. Notary Public, State of Florida at Large My Commission Expires: s ecotone* re OPTIOIAL saes,+ ua� OPIL •[EOto .fl lflIO RICHARD P. BRINKER, CLERK CIRCUIT COURT • AHT/f 1 5/12/72 Attachment 4 '72 NAY 15 4M II: 10 RESOLUTION NO. 7 Z- 22 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT ON BEHALF OF THE CITY OF MIAMI FOR FLORIDA EAST COAST PROPERTIES, INC. FOR THE DEVELOPMENT OF PLAZA VENETIA, COPY OF SAID RESTRICTIVE COVENANT BEING ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; SUBJECT TO RECORDING FORMAL PLAT. WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. has applied to the City of Miami, Florida, to construct a multi -million dollar project known as PLAZA VENETIA on the land legally described in Restrictive Covenant, copy of which is attached hereto and by reference made a part hereof; and WHEREAS, the City of Miami, Florida, has agreed to accept this Restrictive Covenant on behalf of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager of the City of Miami is hereby authorized to execute a Restrictive Covenant on behalf of the City of Miami for Florida East Coast Properties, Inc. for the development of PLAZA VENETIA, copy of said Restrictive Covenant being attached hereto and by this reference made a part hereof, subject to recording formal plat. PASSED AND ADOPTED this 4010P day of_21111,011P 1972. PREPARED AND APPROVED BY fz------- LR. ar s urner, s . y orney "SUPPG'1 T EVE DC�C .`;:°Ei1TS "DOCUMENT INDEX ITEM NO. SD „ RESTRICTIVE COVENANT'' COMES NOW FLORIDA EAST COAST PROPERTIES, INC. , a Florida corporation authorised to do business in the State of Florida, and does hereby made, publish, declare and file the following restrictive covenant in favor of the City of Miami, a municipal corporation and a political subdivision of the State of Florida. WHEREAS, FLORIDA EAST COAST PROPERTIES, INC.. is the owner of the following legally described land: A11 of Tract "A" of Replat of a portion of the amended plat of Nelson Villa according to the Plat thereof recorded in Plat Book 56, page 69; and Lots 4, 5, 30 and 31 and that portion of Lots 6 and 29 which lie East of Biscayne Blvd. , of Biscayne Park Addition, according to the Plat thereof recorded in Plat Book 2 at Page 24 and Lots 1 and 2 and all of the filled in and bulkhead land lying East of and contiguous to the said Lots 1 and 2, also Lots 3, 32, 35. 36, 37. 38, 39, 40. 41, and 42 arid all of the unnamed North -South street and that portion of the circular parkway which lies between Lots 3 and 4 North of the North right of way line of N. E. 16 Street and all of the unnamed North -South Street and that portion of the circular parkway which lies between Lots 31 and 32 South of the South Right-of-way line of N.E. 16 Street, all as shown on the AMENDED PLAT OF BISCAYNE PARK ADDITION. according to the Plat thereof, recorded in Plat Book 4. at Page 22; and Lots 1 and 2. Block "A" and all of the filled in add bulkhead land lying East of and contiguous to the said Lots 1 and 2, Lots 3 & 4 Block B. Lot 5 through 10, and that portion of Lot 11 which lies east of Biscayne Blvd. in Block C, all as shown on the plat of RICE iR SULLIVAN SUB., according to the plat thereof, recorded in Plat Book 4. at Page 64; and Lots 1 & 2 and that part of the South 20 feet of Lot 3 lying East of the original shore linr of Miramar Plana, • all in the AMENDED PLAT OF MIRAMAR PLAZA, according to the Plat thereof, recorded in Plat Book 33, at Page 18 ; and Begin at the SW corner of Lot 1 of AMENDED PLAT OF MIRAMAR PLAZA. Plat Book 33, at Page 18; thence South along the prolongation South of the West line of the said Lot 1, for a distance of 25' more or less, to the NW corner of Lot 1. Block "A" of RICE & SULLIVAN SUB., Plat Book 4, at page 64; thence East along the "SUPPORTIVE DOCUMENT TO;14.1•2"."4 " i RESTRICTIVE COVENANTr COMES NOW FLORIDA EAST COAST PROPERTIES, INC.. a Florida corporation authorised to do business in the State of Florida, and does hereby made, publish, declare and file the following restrictive covenant in favor of the City of Miami, a municipal corporation and a political subdivision of the State of Florida. WHEREAS, FLORIDA EAST COAST PROPERTIES, INC.. is the owner of the following legally described land: All of Tract "A" of Replat of a portion of the amended plat of Nelson Villa according to the Plat thereof recorded in Plat Book 56, page 69; and Lots 4, 5. 30 and 31 and that portion of Lots 6 and 29 which lie East of Biscayne Blvd. , of Biscayne Park Addition, according to the Plat thereof recorded in Plat Book 2 at Page 24 and Lots 1 and 2 and all of the filled in and bulkhead land lying East of and contiguous to the said Lots 1 and 2, also Lots 3, 32. 35, 36, 37, 38, 39, 40, 41, and 42 and all of the unnamed North -South street and that portion of the circular parkway which lies between Lots 3 and 4 North of the North right of way line of N. E. 16 Street and all of the unnamed North -South Street and that portion of the circular parkway which lies between Lots 31 and 32 South of the South Right-of-way line of N. E. 16 Street. all as shown on the AMENDED PLAT OF BISCAYNE PARK ADDITION. according to the Plat thereof, recorded in Plat Book 4, at Page 22; and Lots 1 and 2, Block "A" and all of the filled in add bulkhead land lying East of and contiguous to the said Lots 1 and Z. Lots 3 & 4 Block B, Lot 5 through 10. and that portion of Lot 11 which lies east of Biscayne Blvd. in Block C, all as shown on the plat of RICE & SULLIVAN SUB. , according to the plat thereof, recorded in Plat Book 4, at Page 64; and Lots 1 & 2 and that part of the South 20 feet of Lot 3 lying East of the original shore liar of Miramar Plaza, all in the AMENDED PLAT OF MIRAMAR PLAZA, according to the Plat thereof, recorded in Plat Book 33, at Page 18 ; and Begin at the SW corner of Lot 1 of AMENDED PLAT OF MIRAMAR PLAZA, Plat Book 33, at Page 18; thence South along the prolongation South of the West line of the said Lot 1, for a distance of 25' more or less. to the NW corner of Lot 1, Block "A" of RICE & SULLIVAN SUB.. Plat Book 4. at page 64; thence East along the "SUPPORTIVE DOCUMENT To, 1C`7.2•a�b .. • North line of Lot 1, Block A of the said Rice & Sullivan Subdivision and its prolongation East, for a distance of 492.96 to the face of an existing concrete bulkhead; thence northerly, along the face of the said concrete bulkhead for a distance of 25, more or less, to the intersection thereof with the South line of Lot 1, of the said AMENDED PLAT OF MIRAMAR PLAZA or its prolongation easterly; thence west, along the south line of Lot 1 of the said AMENDED PLAT OF MIRAMAR PLAZA. for a distance of 493.65 ft. to the Point of Beginning. All before described in the Public Records of Dade County, Florida, and The Westerly 130' of Lots 1 & 2' and Lots 3, 4, 5, 6 and 7 in Block 14 of THIRD AMENDED PLAT OF MIRAMAR, according to the Plat, as recorded in Plat Book 5, page 4 of the Public Records of Dade County, Florida, and Lot 6, Block 2. Rice & Sullivan Sub., Plat Book 4, Page 64, :. and Lots 7 through 13 inclusive. in Block 3 of Rice & Sullivan Sub.. according to the Plat thereof, recorded in Plat Book 4 at Page 64 of the Public Records of Dade County, Florida. and, WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. has currently applied to the City of Miami, Florida, to construct a multi- million dollar project known as Plaza Venetia on the land legally described above, and WHEREAS, FLORIDA EAST COAST PROPERTIES, INC. desires to develop said land in accordance with certain plane designated as Plaza Venetia, Miami, Florida. latest revision dated March 31, 1972, Sheets 1 through 8, as prepared by Mr. Joseph Amisano, FAIA, 148 Cain Street, N.E. , Atlanta, Georgia 30303, and WHEREAS, FLORIDA EAST COAST PROPERTIES. INC. desires to bind itself to the City of Miami to develop its property substantially in accordance with said plans, and WHEREAS, the City of Miami Florida, a municipal corporation, does hereby wish to accept this restrictive covenant on behalf of the City of Miami and deems said restrictive covenant to be in the best interest and general overall welfare of the City of Miami for the development of Plaza Venetia -2- "SUPPORTIVE DOCUMENT 10:2-7.2'atiG r Cri r • described above. NOW, THEREFORE, IT IS HERESY COVENANTED, CONTMCTSD AND AGREED AS FOLLOWSs 1. That FLORIDA EAST COAST PROPERTIES, INC. does hereby covenant, agree and binds itself to the City of Miami, a municipal corporation, that it will develop its lands legally described above substantially in accordance with those certain plans designated as Plaza Venetia, Miami, Florida, latest revision dated March 31, 1972, Sheets 1 through 8, as prepared by Mr. goseph Amisano, FAIA, 148 Cain Street, N.S., Atlanta, Georgia 30303. 2. That Florida East Coast Properties. Inc. binds itself to act and perform so as to comply with all of its representations and agreements made as shown in the Official Court Reporter's Transcript of the City Commission Meeting of April 20, 1972, Item No.36, concerning the development of Plaza Venetia which includes but is not limited to the agreements as to the following items: A. That Joseph Amisano, PAIA, will continue to be the supervising architect through the completion of the project. B. The sketches, drawings, renderings and models of the Plaza Venetia project made a part of the record at the presentation before the City Commission on April 20, 1972, being Item No. 36, dealing with the development of Plaza Venetia, willlbe substantially complied with. C. That the easement discussed as being maintained. for' the existing property owners at the close of the meetit q wi•L3' bd, maintained and made apart of the replat. "SUPFORTIVE DOCUMENT TO: " •3- 3. That the City of Miami does hereby accept this restrictive covenant and deems same to be in the beat interest and overall general welfare of the City of Miami for the development of Plaza Venetia described above. DATED at Miami, Florida, this Atday of May, 1972. FLORIDA EAST COAST PROPERTIES, INC., a Florida ggrpo -- President 1 Attests Secretary CITY OF MIAMI, FLORIDA, a municipal corporation STATE OF FLORIDA • : SS: COUNTY OF DADE �//BEFORE ME, the undersigned authority, personally appeared -Boa, No44e , as President and E,C 1' 7',v- GR,* s/ , as Secretary of FLORIDA EAST COAST PROPERTIES, INC., a $lorida corporation, and after by me being duly sworn depose and say that they executed the foregoing restrictive covenant for the purposes contained therein. IN WITNESS WHEREOF, I have hereunto set my nand and seal "SUPPOMVE TO:`7•'A.1114. -a- RESTROOM Ca 4 Miami Biscayne Bay Marriott 1633 North Bayshora Dr., Miami, FL 33132 26.-0" 50'-7" 50'-0" SETBACK L SETBACK BALLROOM EXPANSION PROPOSED BALLROOM EXPANSION 03.27.2023 Ll°'• A'r.% Fro AAA From PUBLICLY ACCEVINFA EXTERIOR PA+. (WITN 100111011 111,11111 BISCAYNE BAY BISCAYNE BAY Attachment 5 •GATE TO REMAIN OPEN FUN PURI IC ACC,- SS TO EXTERIOR PATIO MONDAY THROW.. SUNDAY FROM A OA AM MOO PM NORTH HOUSTON / TYNER 713