HomeMy WebLinkAboutR-25-0227City of Miami
Resolution R-25-0227
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17576 Final Action Date: 6/17/2025
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 3850 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, European Automotive, LLC ("Applicant" or "Owner")) 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 3850 South Dixie Highway, Miami, Florida, as more particularly described in
"Exhibit "A," attached and incorporated ("Property"); and
WHEREAS, on December 20, 2010, Owner entered into the Covenant with the City, as
recorded in Official Records Book 27719, Page 1358 of the Public Records of Miami -Dade
County, Florida; and
WHEREAS, on October 19, 2023, the Applicant received site plan approval for The Nine
at Miami, a 79-unit multifamily development designed to provide a gradual transition in scale
and intensity, supporting context -sensitive infill aligned with the area's historic and cultural
character; and
WHEREAS, as the Applicant prepared to close on the Property and initiate development
of the project, First American Title Insurance Company conducted an updated title search —
consistent with reviews performed over the past three years —which revealed the existence of
the Covenant affecting a limited portion of the site; and
WHEREAS, the Covenant was proffered with a rezoning request that contemplated the
Owner's intent to renovate the property for a continued use as an auto repair and electric car
sales; and
WHEREAS, the Covenant imposes development constraints, including a maximum
building height of three (3) stories along the southern boundary and restrictions on access from
Day Avenue; and
stories.
WHEREAS, specifically, the Covenant provides that:
a. Irrespective of the T5-O regulations, no building on the Property shall exceed three (3)
b. There shall be no ingress or egress to or from the Property from Day Avenue.
c. Installation of a concrete wall fronting Day Avenue, per Miami 21 guidelines.
d. A landscape buffer along Day Avenue, per Miami 21 guidelines; and
City of Miami Page 1 of 2 File ID: 17576 (Revision:) Printed On: 8/25/2025
File ID: 17576 Enactment Number: R-25-0227
WHEREAS, the Covenant is no longer necessary and conflicts with approved
entitlements, including site plan approval, plat approval, street vacation, and Waiver Final
Decision PZ-22-15483 issued by the City of Miami; and
WHEREAS, the release of the Covenant will resolve this conflict, eliminate an outdated
encumbrance, and facilitate the implementation of a high -quality residential project that
advances the City's planning goals and supports the ongoing revitalization of the surrounding
community; and
WHEREAS, on April 3, 2025, the Review Release Committee recommended approval of
the release of the Covenant; and
WHEREAS, the Planning Department recommends approval of the release of the
Covenant; 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 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.
Section 2. The City Commission approves the release of the Covenant, in a form
acceptable to the City Attorney.1
Section 3. This Resolution shall become effective ten (10) days after adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy•ng III, C y ttor -y 5/13/2025
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 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: 17576 (Revision:) Printed on: 8/25/2025