HomeMy WebLinkAboutAnalysis & MapsCity of Miami
Planning Department
ANALYSIS FOR
REZONE
Staff Analysis Report No.
PZ-24-17607
Location
151 Northwest 60 Street; 145 Northwest 60 Street
Folio Number(s)
0131130520270; 013113052-0280
Miami 21 Transect
"Cl," Civic Institution Zone; "T3-O", Sub -Urban
Transect Zone — Open
MCNP Designation
Major Institutional, Public Facilities, Transportation,
and Utilities; Duplex Residential
Commission District
District 5 - Commissioner Christine King
Commissioner District Office
Little Haiti
Planner
Darren Murphy, Planner II
(dmurphy@miamigov.com)
Property Owner
SUR Capital, LLC
Project Representative
Melissa Tapanes Llahues, Esquire
(mtapanes@brzoninglaw.com)
A. REQUEST
Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21 Code"), as amended,
Melissa Tapanes Llahues, Esquire, on behalf of SUR Capital, LLC, (the "Applicant") requests an
amendment of the Miami 21 Code's by changing the zoning classification from the "Cl" Civic
Institution Zone to the "T4-L" General Urban Transect Zone — Limited for the property generally
located at 151 Northwest 60 Street and from the "T3-O" Sub -Urban Transect Zone — Open to
the "T4-L" General Urban Transect Zone — Limited (T4-L) for the property generally located at
145 Northwest 60 Street, Miami, Florida. (collectively called the "Property").
Based on the project files, the Property is bifurcated into two (2) separate Zoning Classifications
with their respective areas:
151 Northwest 60 Street:
• Transect Zone: "Cl" Civic Institution Transect Zone (CI)
• Area: ±42,135 square feet or ±0.97 acre
145 Northwest 60 Street:
• Transect Zone: "T3-O "Sub -Urban Transect Zone (T3-O)
• Area: ±7,125 square feet or ±0.16 acre
The total area for the Property is approximately 49,260 square feet or 1.13 acres.
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B. RECOMMENDATION
Pursuant to Article 7, Section 7.1.2.8 of Miami 21 Code, as amended, the Planning Department
recommends Denial of the requested change in zoning classification based on the facts and
findings in this staff report.
Figure 1: Existing Zoning Classifications: CI and T3-O
C. BACKGROUND
Figure 2: Proposed Zoning Classification: T4-L
Site Location
The following streets bound the Property: to the north, Northwest 62 Street; to the east,
Northwest 1 Avenue; to the south, Northwest 60 Street; and to the west, Northwest 1 Place, as
shown in Figure 3. The Property is not located within any City -designated zoning or transit
overlays. However, this Property is serviced by two (2) Miami -Dade County Metrobus Bus
Routes: 2 and MIAHAIT.
On the western side of the Property, it abuts Miami -Dade County Public Schools' ITech -
Miami's Mega Technology Magnet High School with its associated track, soccer fields, and
tennis courts.
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Figure 3: Aerial of the Property
Surrounding Uses
Table 1 shows the Property's abutting neighbors with their associated zoning, land use, and
existing uses, as shown in Table 1.
Miami 21 Code
MCNP I Density
Existing Use
North
T3-0
Duplex Residential / 18 dwelling
units per acre
Vacant, Non -Protected Government -
Owned or controlled, Single Family Med.-
Density
South
T3-0
Duplex Residential / 18 dwelling
units per acre
Single Family Med.-Density, Two -Family,
Multifamily Low Density
East
T3-0
Duplex Residential / 18 dwelling
units per acre
Multifamily Low Density, Social Services,
Fraternal, and Charitable Services
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Miami 21 Code
MCNP / Density
Existing Use
West
CI
Major Institutional, Public
Facilities, Transportation and
Utilities / 150 dwelling units per
acre
Social Services, Fraternal, and Charitable
Services
Table 1: current zoning, land use, and existing use
Zoning Ordinance 11000 (the "Previous Zoning Code")
The comparison of the Property's Previous Zoning Code and the Current Zoning Code
designations is shown in Table 2.
Previous
Zoning Code
Density
Intensity of
Uses
Current
Zoning
Density
Intensity of
Uses
151
Northwest
60 Street
G/I,
Government
and
Institutional
18*
Major
Institutional,
Public
Facilities,
Transportation,
and Utilities,
private
cemeteries
CI
36**
Major
Institutional,
Public
Facilities,
Transportatio
n, and
Utilities
145
Northwest
60 Street
R-2, Two-
Family
Residential
18
Residential:
Two Two-
family
residences and
supporting
services
T3-0
18
Residential:
Two Family
Residence
Table 2: Density and Intensity - Comparison between the Previous and Current Zoning Code
* Uses ancillary to these uses are allowed to a maximum density and intensity equivalent to the
least intense abutting zoning district, which is "R-2"
** When a CI zoned property ceases to be used for Civic functions, the successional rezoning is
determined by identifying the lowest Intensity Abutting Transect Zone and rezoning to that
Zone's next higher Intensity Zone, which is "R-2"
Proposal
The Applicant requests a change in zoning classification and FLU designation as listed below;
refer to Table 3.
Address
Sq. Ft.
(approx.)
Existing
FLUM
Proposed
FLUM
Existing Zoning
Proposed
Zoning
151 Northwest
60 Street
42,110
Major
Institutional,
Public Facilities,
Low Density
Restricted
Commercial
CI
T4-L
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Address
Sq. Ft.
(approx.)
Existing
FLUM
Proposed
FLUM
Existing Zoning
Proposed
Zoning
Transportation
and Utilities
145 Northwest
60 Street
7,150
Duplex
Residential
Low Density
Restricted
Commercial
T3-0
T4-L
Table 3: Summary of Concurrent Requests
Covenant
The Applicant has voluntarily submitted a Covenant (the "Covenant") that is linked to this
rezoning application, as referenced in Attachment 1. The Covenant designates twenty percent
(20%) of the total new units constructed on the Property to be leased, rented, or made available
continuously to individuals whose income does not exceed eighty percent (80%) of the area
median income ("AMI"). The Applicant's Covenant is filed under PZ-24-18515: 151 NW 60 ST -
Declaration of Restrictive Covenant for Affordable or Workforce Housing.
D. ANALYSIS
Miami Comprehensive Neighborhood Plan (MCNP)
According to the adopted Future Land Use Map (FLUM) of the MCNP, the property address
(145 Northwest 60th Street) has a Future Land Use (FLU) designation of "Medium Density
Multifamily Residential." This FLU designation allows a maximum Density of 65 dwelling units
per acre (65 DU/AC). It allows for serving the retail and personal services needs of the building
or building complex, as well as small-scale, limited commercial uses as accessory uses, places
of worship, primary and secondary schools, and accessory post -secondary educational
facilities. Whereas the property address (151 Northwest 60 Street) has a FLU designation of
Major Institutional, Public Facilities, Transportation, and Utilities, this designation allows for
facilities related to federal, state, and local government activities, as well as major public or
private health, recreational, cultural, religious, or educational activities. It also permits major
transportation facilities, public utilities, and general commercial activities intended to serve the
public's needs. Residential facilities are permitted up to a maximum density of "High Density,"
which is 150 dwelling units per acre.
Miami 21 Code
In the "Cl" zone, land use functions include community -oriented purposes such as not -for -profit
organizations dedicated to arts and culture, education, recreation, religion, and government.
Conversely, in the "T3" Transect Zone, land use functions focus on permanent housing. Listed
below are the uses that are allowed by right, by warrant (administrative process), or by
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exception (public hearing - granted by the Planning, Zoning & Appeals Board) per Article 4,
Table 3 of the Miami 21 Code, as shown in Table 4.
BUILDING FUNCTION: USES
CI
T4-L
RESIDENTIAL
SINGLE FAMILY RESIDENCE
R
COMMUNITY RESIDENCE
R
ANCILLARY UNIT
R
TWO FAMILY RESIDENCE
R
MULTI FAMILY HOUSING
R
DORMITORY
E
E
HOME OFFICE
R
BUILDING FUNCTION: USES
CI
T4-L
LIVE - WORK
R
LODGING
BUILDING FUNCTION: USES
CI
T4-L
BED & BREAKFAST
R
OFFICE
OFFICE
E
R
COMMERCIAL
FOOD SERVICE
ESTABLISHMENT
E
R
ALCOHOL BEVERAGE
SERVICE ESTAB.
E
GENERAL COMMERCIAL
E
R
OPEN AIR RETAIL
E
PLACE OF ASSEMBLY
E
RECREATIONAL
ESTABLISHMENT
E
CIVIC
COMMUNITY FACILITY
E
W
RECREATIONAL FACILITY
E
R
RELIGIOUS FACILITY
E
R
REGIONAL ACTIVITY
COMPLEX
E
CIVIC SUPPORT
COMMUNITY SUPPORT
FACILITY
E
W
BUILDING FUNCTION: USES
T3-0
T4-L
RESIDENTIAL
SINGLE FAMILY RESIDENCE
R
R
COMMUNITY RESIDENCE
R
R
ANCILLARY UNIT
R
TWO FAMILY RESIDENCE
R
R
MULTI FAMILY HOUSING
R
DORMITORY
E
HOME OFFICE
R
R
BUILDING FUNCTION: USES
T3-0
T4-L
LIVE - WORK
R
LODGING
BUILDING FUNCTION: USES
T3-0
T4-L
BED & BREAKFAST
R
OFFICE
OFFICE
R
COMMERCIAL
FOOD SERVICE
ESTABLISHMENT
R
ALCOHOL BEVERAGE
SERVICE ESTAB.
E
GENERAL COMMERCIAL
R
CIVIC
COMMUNITY FACILITY
W
RECREATIONAL FACILITY
E
R
RELIGIOUS FACILITY
E
R
CIVIC SUPPORT
COMMUNITY SUPPORT
FACILITY
W
INFRASTRUCTURE AND
UTILITIES
W
W
MARINA
W
PUBLIC PARKING
W
TRANSIT FACILITIES
W
EDUCATIONAL
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INFRASTRUCTURE AND
UTILITIES
E
W
MAJOR FACILITY
E
MARINA
E
W
PUBLIC PARKING
E
W
RESCUE MISSION
E
TRANSIT FACILITIES
E
W
EDUCATIONAL
CHILDCARE
E
W
COLLEGE / UNIVERSITY
E
ELEMENTARY SCHOOL
E
E
LEARNING CENTER
E
E
BUILDING FUNCTION: USES
CI
T4-L
MIDDLE / HIGH SCHOOL
E
E
PRE-SCHOOL
E
E
RESEARCH FACILITY
E
R
SPECIAL TRAINING /
VOCATIONAL
E
CHILDCARE
W
ELEMENTARY SCHOOL
E
E
LEARNING CENTER
E
MIDDLE / HIGH SCHOOL
E
E
PRE-SCHOOL
E
E
RESEARCH FACILITY
R
Table 4: Building Function Uses allowed by Right or Permit for each of the existing and proposed Transect Zones
A chart has been provided to illustrate the differing development capacity standards between
the "Existing" and "Proposed" Transect Zones, as shown in Tables 5 and 6.
Building Disposition
T3-0 (Existing)
T4-L (Proposed)
Lot Area
5,000 s.f. min.
5,000 s.f. min.; 20,000 s.f. max
Lot Coverage
50% max. first floor
60% max.
30% max. second floor (T3-R & T3-
L only)
Floor Lot Ratio (FLR)
N/A
N/A
Frontage at front setback
N/A
50% min
Density
T3-0 = 18 du/ac max.
36 du/ac max.
Setbacks
Principal Front
20 feet (ft.)
10 ft.
Side
5 ft. min. 20% Lot Width total min.
0 ft. or 5 ft. min. Abutting a Setback
Rear
20 ft.
20 ft. min.
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Building Disposition
T3-0 (Existing)
T4-L (Proposed)
Building Height
Min. Height
2
N/A
Max. Height by Right
2
3 Stories and 40 ft. max.
Max. Benefit Height
N/A
N/A
Table 5: Development Capacity between T3-O vs. T4-L
Building Disposition
CI (Existing)
T4-L (Proposed)
Lot Area
10,000 s.f. min.
5,000 s.f. min.; 20,000 s.f. max
Lot Coverage
80% max.
60% max.
Building Disposition
CI (Existing)
T4-L (Proposed)
Floor Lot Ratio (FLR)
8
N/A
Frontage at front setback
N/A
50% min
Density
150 du/ac max.*
36 du/ac max.
Setbacks
Principal Front
10 ft. min.; 20 ft. min. above 8th
Story
10 ft.
Side
0 ft. min.; 30 ft. min. above 8th Story
0 ft. or 5 ft. min. Abutting a Setback
Rear
0 ft. min.; 30 ft. min. above 8th Story
20 ft. min.
Building Height
Min. Height
N/S
N/A
Max. Height by Right
2 Stories and 25 ft. to eave max.
3 Stories and 40 ft. max.
Max. Benefit Height
N/A
N/A
Table 6: Development Capacity between CI vs. T4-L
Neighborhood Context photos
On September 20, 2024, Planning Staff evaluated the Property's existing conditions and those
of the surrounding neighborhoods. The visit showed a property located within an established
Single -Family neighborhood, while the western side of the Property abuts a Civic, Educational
Use: Miami -Dade County Public Schools' ITech - Miami's Mega Technology Magnet High
School.
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Figure 4: Northern view from Northwest 61 Street
Figure 6: Southern view from Northwest 60 Street —
single-family residences
Figure 5: Eastward view from Northwest 1 Place —
single-family residences
Figure 7: Western view from Northwest 1 Place -
Miami -Dade County Public Schools' ITech - Miami's
Mega Technology Magnet High School to the left
Criteria for Rezoning
Under Article 7, Section 7.1.2.8.a of the Miami 21 Code, "[Successional Zoning considers] the
City's growth and evolution over time will inevitably require changes to the boundaries of certain
Transect Zones. These changes shall occur successionally, in which the zoning change may be
made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser
intensity; or to the next higher Transect Zone...". However, all changes must maintain the goals
of this Code, which are to preserve neighborhoods and provide transitions in intensity, density,
building height, and scale for the specified zoning Transect Zone.
Criteria 1
Under Article 7, Section 7.1.2.8.f.1(a) of the Miami 21 Code: "The relationship of the
proposed amendment to the goals, objectives, and policies of the Comprehensive
Plan, with appropriate consideration as to whether the proposed change will further
the goals, objectives, and policies of the Comprehensive Plan; the Miami 21 Code;
and other city regulations.
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In the context of this rezoning application, the proposed change was reviewed under
the following criteria:
MCNP: Housing Element, Goal HO-1, Policy HO-1.1.5: "The City shall continue to
enforce, and, where necessary, strengthen those sections of the land development
regulations that are intended to preserve and enhance the general appearance and
character of the City's residential areas and neighborhoods by buffering them from
the encroachment of commercial uses."
Miami 21 Code: Article 2, Section 2.1.2.a.1 of the Miami 21 Code: "Preserving
Neighborhoods, Historical Resources and the natural environment."
Analysis 1
Based on Table 4, this proposed rezoning has the potential to allow the
encroachment of Commercial Uses, such as a "Food Service Establishment" or
"General Commercial", which are permitted "By right" into the middle of an
established "T3" residential neighborhood. Thus, these Commercial Uses could act
as a catalyst for altering the residential character and possibly introducing negative
externalities, such as noise, light spillover, and increased traffic.
In terms of preserving the general appearance and character of this established
residential neighborhood, it is important to note that, based on Table 2, this
Property has maintained the equivalent "Civic" and "Low -Density Residential"
zoning topologies since the adoption of the Previous Zone Code on April 25, 1991,
per Ordinance 10879.
Finding 1
Staff find the request inconsistent with Article 7, Section 7.1.2.8.f.1(a) of the Miami
21 Code.
Criteria 2
Under Article 7, Section 7.1.2.8.f.1.b of the Miami 21 Code: "the need and
justification for the proposed change, including changed or changing conditions that
make the passage of the proposed change necessary."
Analysis 2
Significant changes have been identified as the basis for the proposed amendment
to the Miami 21 Code's Zoning Atlas:
Since the adoption of the Miami 21 Code on October 22, 2009, the City
Commission has approved two Rezones and two Special Area Plans within a 1/2-
mile radius of the property (refer to Table 7). The Rezones involved two (2)
properties that changed the zoning classification from "T4-R" to "T5-O." Also, there
were two (2) Special Area Plans that involved large-scale, master -planned
development projects greater than nine (9) acres, as shown in Figure 8.
Staff Analysis Report. ePlan FileID: PZ-24-17607-151 NW 60 ST-RE-Zoning Application— Page 10 of 13
11/18/2025
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8: 0.25-mile Study Area (black, weighted outline): approved Rezonings and SAPs
Ordinance
Date
Details
Change
13651
11/16/2016
Rezoning - 5434
NE Miami Ct &
3 NE 54 St
From: T4-R To:
T5-O
13721
12/14/2017
Special Area Plan
- Miami Jewish
Health Systems
Per the recorded
Development
Agreement
13849
6/27/2019
Special Area Plan
- Magic City
Per the
recorded
Development
Agreement
14233
11/16/2023
Rezoning - 43 NE
53 St and
50 NE 54 St
T4-R > T5-O
Table 7: Changing conditions: City Commission -adopted Rezones and Spec al Area Plans
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The identified changing conditions justify a change to the Miami 21 Code's Zoning
Atlas, which aligns with Article 2, Section 2.1.3.1.b (the City —Guiding Principles) of
the Miami 21 Code: "Growth strategies should encourage infill and
redevelopment."
Finding 2
Staff find the request consistent with Article 7, Section 7.1.2.8.f.1.b of the Miami 21
Code.
Criteria 3
Under Section 7.1.2.8.f.2. "A change may be made only to the next intensity Transect
Zone or by a Special Area Plan, and in a manner which maintains the goals of this
Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and
Building Height."
Analysis 3
Pursuant to Article 7, Section 7.1.2.8.a.1 and Article 7, Section 7.1.2.8.a.3, the
request to change the zoning classification from CI and T3-O to T4-L is
successional as it involves changing to the next intensity Transect Zone.
Per Article 7, Section 7.1.2.8.1: "When a CI zoned property ceases to be used for
Civic functions, the successional rezoning is determined by identifying the lowest
Intensity Abutting Transect Zone and rezoning to that Zone's next higher Intensity
Zone.
On February 2, 2017, the Applicant received a City -issued building permit, under
BD17-001385-001, for the total demolition of all existing structure(s) located at the
property address: 151 Northwest 60 Street. Based on Table 3, this property
address is currently zoned "Cl", whereas it is currently vacant and no longer serves
any Civic functional uses. Therefore, this property automatically reverts to the
lowest Intensity Abutting Transect Zone, which is the Transect Zone of "T3", which
subsequently allows the rezoning to that Zone's next higher intensity Zone of "T4".
Regarding the other property (145 Northwest 60 Street), this follows the
successional as it involves going from the existing Transect Zone of "T3" to the
proposed Transect Zone of "T4".
Finding 3
Staff find the request consistent with Section 7.1.2.8.f.2 of the Miami 21 Code.
F. CONCLUSION
The Miami 21 Code incorporates various planning principles to ensure necessary "checks and
balances," including criteria for zoning modifications. These principles encourage cohesive
growth, conservation, and redevelopment while considering the City's existing conditions,
infrastructure, and established residential neighborhoods. However, when existing conditions
change or no longer support a specific use, such as the CI -zoned property at 151 Northwest 60
Street, the Miami 21 Code provides a mechanism under Article 7, Section 7.1.2.8.a.1, to enable
successional rezoning by designating the lowest Intensity Abutting Transect Zone and rezoning
it to the next higher Intensity Zone within that zone.
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Conversely, the Applicant's request to change these two (2) Transect Zones was carefully
evaluated in consideration of the newly permitted Uses, particularly the "Commercial Uses", and
the potential conflicts with the City's goal to preserve and enhance the appearance and
character of its residential neighborhoods while minimizing negative externalities such as noise,
light spillover, and increased traffic on local streets. Based on the Miami 21 Code's overall
intent, this rezoning request could potentially threaten the "residential character" of this
established "T3" neighborhood. Therefore, Planning staff believes that the "T4-R" General
Urban Transect Zone - Restricted is a more appropriate option because it emphasizes "By -right"
Residential Uses and would serve as a proper transitional buffer between the "Cl" and the "T3-
0" zoning topologies.
Per Article 7, Section 7.1.2.8 of Ordinance 13114, as amended, and considering the facts and
findings above and the Applicant's submission, the Planning Department recommends denial of
this proposed change in zoning classification from "Cl" and "T3-O" to "T4-L" for the properties
located at 151 Northwest 60 Street and 145 Northwest 60 Street, Miami, Florida.
, ---DocuSigned by:
V4Slaw
`-.-- 7711n 14R4RCAA4 RR
David Snow
Planning Director
,—DocuSigned by:
`.—.141 n7g1RR7(Aa4R1-1
Graham Jones
Assistant Planning Director
r----DocuSigned by:
---72FA69A&74CE481
Darren Murphy
Planner II
Attachment:
Attachment 1 - Declaration of Restrictive Covenants
Staff Analysis Report. ePlan FileID: PZ-24-17607-151 NW 60 ST-RE-Zoning Application— Page 13 of 13
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]Return recorded copy to:
City of Miami
Planning Department
444 S.W. 2nd Avenue, 3rs Floor
Miami, FL 33130-1910
Document prepared by:
City Attorney's Office
City of Miami
444 S.W. 2nd Avenue, 9th Floor
Miami, F: 33130-1910
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
Reserved for Recording
ATTACHMENT 1
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made
this day of , 2025, by RAIDER ROAD LLC, a Florida Limited liability
company having offices at 7221 SW 59 Street, Miami, FL 33143 (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 at 151 NW 60 Street and 145 NW 60 Street legally described in Exhibit "A"
attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner is desirous of making a binding commitment to assure the City
that redevelopment of Property shall be maintained in accordance with the provisions of this
Declaration.
J
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
WHEREAS, consistent with the goals, policies, and objectives of the Miami
Comprehensive Neighborhood Plan and Miami 21, the Owner is proposing much needed
residential units (the "Project"); and
WHEREAS, the Project requires the following approvals by the City Commission
(collectively, the "Approvals): (i) an Amendment of the Miami Comprehensive Neighborhood
Plan ("MCNP") Future Land Use Map ("FLUM") from "Major Public Facility and Duplex
Residential" to "Low Density Restricted Commercial" (the "FLUM Amendment"); (ii) a re -zone
from CI and T3-O to T4-L (the "Re -Zone"); and (iii) adoption of this Declaration; and
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
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 forth in the preamble of this Declaration
are hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Section.
2. Commercial Use Prohibition. The Property shall not be used for any Commercial
uses, as defined in Article 1, 1.1.d of Miami 21 (2025).
3. Affordability Restriction. If the Property is developed pursuant to the applicable
T4-L density, affordability shall be as follows: Twenty percent (20%) of the total new units
constructed on the Property shall be leased, rented or made available on a continuous basis to
persons whose income does not exceed eighty percent (80%) of the area median income
2
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
("AMI"). However, if the Property is developed pursuant to the Live Local Act,
§166.04151(7)(b), Fla. Stat. (2025), in addition to the commitment in Section 2(a) above,
i. Twenty percent (20%) of the total new units constructed on the Property shall be
leased, rented or made available on a continuous basis to persons whose income
does not exceed one hundred percent (100%) of the AMI; and
ii. The remaining sixty percent (60%) new units within the Property shall be leased,
rented or made available on a continuous basis to persons whose income does not
exceed one hundred and twenty percent (120%) of the AMI.
Prior to converting any of the Workforce Housing Units from rental units to
homeownership units, the Owner, or its successors or assigns, must request and receive written
authorization from the City Manager. In the event that the conversion is authorized, the City and
Owner shall coordinate to record covenants on individual units ("Individual Covenants") in a
manner that creates the same amount of Workforce homeownership units specified in this
Declaration. Each Individual Covenant must (i) specify the applicable AMI for any purchaser
during the term of the Individual Covenant and (ii) expire on the same date as the Covenant for
Workforce Housing; and
In the event that any of the Workforce Housing Units are sold, the specific Unit(s) must
be sold with a purchase cost equal to or less than the standards for those individuals whose
income is at or below the AMI as established herein. Each Workforce Housing Unit sold shall
include a deed restriction that the Unit shall only be sold with a purchase cost equal to or less
than the standards for those individuals whose income is at or below the applicable AMI as
established herein and shall further indicate that the Unit shall only be rented to individuals
3
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
whose income is at or below the AMI as established herein. The deed restriction must specify
the specific applicable AMI.
3. 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.
4. Term of Declaration. This voluntary Declaration on the part of the Owner shall
remain in full 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 Declaration is recorded in the
public records, and shall be automatically extended for periods of ten (10) years, unless
modified, amended or released prior to the expiration thereof.
5. Inspection. It 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 enter upon the Property for the purpose of investigating the use of the Property, and
for determining whether the conditions of this Declaration and the requirements of the City's
building and zoning regulations are being complied with.
6. Enforcement. 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 or provisions of the building
and zoning regulations to restrain violations, to recover damages, or for any other remedy
available. In addition, any violation or noncompliance of this Declaration shall be immediately
referred to the Code Compliance Department for enforcement proceedings, lien placement, and
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
citations pursuant to Chapter 2, Article X of the City Code, Chapter 62 of the City Code, as both
may be amended, and this Declaration. Any violation or noncompliance of this Declaration shall
be referred to the City Attorney's Office for enforcement, including but not limited to injunctive
relief and/or any other remedies in law or equity. This enforcement provision shall be in
addition to any other remedies available under the law. The use of one remedy shall not preclude
the use of another.
7. Non -Compliance. Any violation or noncompliance of this Declaration regarding
the workforce housing component shall result in a monetary penalty to be deposited into the
Affordable Housing Trust Fund. Such monetary penalty shall be assessed as a daily fine of two
hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided
to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any
body or board including, but not limited, to the Code Enforcement Board.
8. Amendment, Modification, and Release. This Declaration may be modified,
amended, or released as to any portion or all of the Property only after approval by the City
Commission at a publicly noticed hearing. All costs, expenses, and fees associated with
releasing this Declaration shall be the sole responsibility of the party requesting the release.
Any amendment, modification, or release approved by the City Commission shall be
executed by the Planning Director, the Zoning Director, and the Housing and Community
Development Director, or their successor, or designee, and be in a form acceptable to the City
Attorney.
5
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
9. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of this Declaration, which shall remain in full force
and effect.
10. Recordation. This Declaration will be e-recorded by the City of Miami, at the
Owner's expense, in the public records of Miami -Dade County, Florida upon full execution.
11. Counterparts/Electronic Signature. This Declaration may be executed in any
number of counterparts, each of which so executed shall be deemed to be an original, and such
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.
13. No Vested Rights. Nothing in this Declaration shall be construed to create any
vested rights whatsoever to the Owner, its successors and assigns.
SIGNATURE PAGES TO FOLLOW
6
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
Signed, witnessed, executed and acknowledged this day of , 2025.
Witnesses:
RAIDER ROAD LLC, a Florida
Limited Liability Company
Print Name: By:
Name: Keith T. Ward
Title: Manager
Print Name:
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me by means of physical
presence OR online notarization, this day of , 2025, by
, as of
Personally Known or Produced Identification
Type of Identification Produced
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
7
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
APPROVED AS TO CONTENTS:
David Snow, Director
Planning Department
Frost, Tamara Digitally signed by Frost, Tamara
I I l r� Date: 2025.10.30 14:10:57 -04'00'
Tamara Allen Frost, Director
Office of Zoning
APPROVED AS TO LEGAL
FORM AND CORRECTNESS:
George Wysong,
City Attorney
8
Folio No(s): 01-3113-052-0280;
01-3113-052-0270
Exhibit "A"
Legal Description
LOT 8 THROUGH 12 INCLUSIVE, BLOCK 2 OF ROCKMOOR PARK TRACT, ACCORDING TO THE PLAT THEREOF, AS RECORDER IN
PLAT BOOK 4, PAGE 190 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
AND
LOT 13, IN BLOCK 2, OF ROCKMOOR PARK TRACT, ACCORDING To THE PLAT THEREOF, AS RECORDER IN PLAT BOOK 4, PAGE 190
OF THE PUBLIC RECORDS OF MIAM!-DADE COUNTY, FLORIDA.
9
AERIAL
EPLAN ID: PZ-24-17606
COMPREHENSIVE PLAN AMENDMENT
ADDRESS(ES): 145 and 151 NW 60 ST
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MIAMI 21 ATLAS (EXISTING)
EPLAN ID: PZ-24-17607
REZONE
ADDRESS(ES) : 145 AND 151 NW 60 ST
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MIAMI 21 ATLAS (PROPOSED)
EPLAN ID: PZ-24-17607
REZONE
ADDRESS(ES) : 145 AND 151 NW 60 ST
0
125
250
500 Feet
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