PZ.8 - Approve Amended Restrictive Covenants

WHEREAS, MIMO BAY APARTMENTS II LLC (“Applicant”), requests a Special Appearance to Amend a Declaration of Restrictive Covenants, in substantially the attached form, attached and incorporated as Exhibit “B,” for the properties generally located at 610, 621, 625, 626, 630, 645, 640, 650, 675, and 685 Northeast 64 Terrace, 629, 635, 645, 655, 669, and 685 Northeast 64 Street, and 6443 Biscayne Boulevard, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A”(collectively, “Assemblage”); and

WHEREAS, the Applicant owns the Assemblage; and

WHEREAS, theAssemblageis locatedin the City of Miami’s (“City’s”) Upper EastSide neighborhood, and bounded by Biscayne Boulevard to the east,Northeast 7 Avenue to the west, Northeast 64 Street to the south,and Legion Park to the north, Miami, Florida; and

WHEREAS, theAssemblageis comprised ofseventeen(17) lots; and

WHEREAS, on November 21, 2024, the City Commission adoptedOrdinance Nos. O-14334and O-14335for a Future Land Use Map amendment and change in zoning classification for the Assemblage; and

WHEREAS, in connection with their request, theApplicant voluntarily proffered a Declaration of Restrictive Covenants, which was then recorded in Official Record Book 34641, Page 4055 of the Public Records of Miami-Dade County, which is attached hereto as Exhibit “C” (“Covenant”); and

WHEREAS, the voluntarily proffered Covenant contained the following restrictions:

1.Density Restriction: The total number of units that may be developed on the Property is 337 units.

2.Mixed-Income Housing: A minimum of twenty (20) units shall serve multiple income ranges between eighty percent (80%) 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 by the Department of Community and Economic Development. Of the twenty (20) units, a minimum of sixteen (16) units shall be reserved for households whose annual income is 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 City Attorney for the provision of the Mixed-Income housing identified in this Section.

3.DesignLimitations:ThePropertyshallbedevelopedsubstantiallyincompliance with plans, including, specifically, conceptual plans prepared by Corwil Architects, dated May 26, 2023, attached hereto as Exhibit “C,” 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 Floor Lot Ratio (FLR) of 707,600 square feet.Development of the Property shallnotbeeligibleforanybonusheightor FLRavailableunderMiami21.Notwithstandingthe 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. Notwithstanding the foregoing, any portion of the Property within the MiMo BiscayneBoulevard Historic District shall abide by the applicable regulations, including limits on height.

4.Public Benefits.  The Owner shall provide the following Public Benefits to the

City:

a.Public Benefit Contribution. The Owner agrees that prior to issuance of a building permit for development of the Property, the Owner shall contribute Five Hundred Thousand and 00/100 Dollars ($500,000.00), payable to the District 5 Office, for the exclusive and restricted use towards beautification, analysis, design and/or construction of project(s) in the Palm Grove, MiMo, and Bayside Historic Districts.

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 such other number that may be 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 assigns shall 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 the general public within the Property shall be available free of charge on Saturdays from 8:00 AM to 4:00 PM.

5.Live Local Act. The Owner shall not develop the Property pursuant to the provisions of Section 166.04151, Fla. Stat. (2024) as same may be amended from time to time.

6.Tree Preservation. To the greatest extent practicable, existing tree resources located on the Property shall be preserved, relocated, or replaced on-site.

7.Time Limit/Development Restriction. The Owner shall submit plans and apply for 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, except that the time to submit plans and apply for a master building permit for development of the Property in accordance with the Project Plans shall be tolled during any appeal or other challenge to any land development review board approval or permit required to develop the Property in accordance with the Project Plans. Following submission of a master building permit application and plans, the Owner shall obtain a master building permit for the project within two (2) years of submission of the application and plans. The Owner may make up to three (3) requests for six (6) month extensions in writing to the Zoning Administrator provided good cause is shown for the extension and the applicant is proceeding in good faith to obtain a master building permit to develop the Property inaccordance with the Project Plans, as determined by the Zoning Administrator. If a master building permit to develop the Property in accordance with the Project Plans is not obtained within the timeframe specified by this section, the Owner voluntarily covenants and agrees, notwithstandinganyotherprovisionoftheDeclaration, thattheportionofthePropertysubjectto the Proposed Rezoning and Proposed FLUM Amendment shall thereafter be developed in accordance with the regulations applicable to the T5-R Zoning Transect.

8.Modified T5-O Downzoning. Following adoption of the proposed legislation under File Number 16917 (the "T5-O Amendment"), the Owner shall submit the Project Plans to the City's Planning and Zoning Departments for review and confirmation that the Project Plans, inclusive ofthe Public Parking required by this Declaration, maybe achieved in accordance with the T5-O Amendment. Upon written confirmation by the City's Planning Director and Zoning Administrator, or designees, that the Project Plans and Public Parking may be achieved in accordance with the T5-O Amendment, the Owner shall not thereafter object, assert vestedrights, or claim a regulatory taking, and willsupport the City'sapplication to rezone all or part of the Property to T5-O, so long as the T5-O Amendment remains effective. If the PlanningDirector or Zoning Administrator determine that the Project Plans and Public Parking cannot be achieved in accordance with the T5-O Amendment, the Owner shall be entitled to object, assert vestedrights,orclaimaregulatorytaking,toanyapplicationproposingtorezoneallorpartof the Property to a Transect Zone other than T6-8 filed prior to issuance of a master building permit for development of the Property in accordance with the Project Plans; and

WHEREAS, onAugust 1, 2025,pursuant to Historic and Environmental Preservation Board (“HEPB”) Resolution No. HEPB-R-25-025, the proposed development wasapproved; and

WHEREAS, onFebruary 4, 2026, pursuant to Planning, Zoning and Appeals Board (“PZAB”) Resolution No. PZAB-R-26-006, the proposeddevelopment was subsequently approved for an Exception to allow for an increase in the maximum lot size for a Neighborhood Serving Use, a Warrant to allow for Public Parking, and a Wavier to permit a ten percent (10%) parking reduction; and

WHEREAS, at the PZAB hearing, the Applicant voluntarily proffered as a condition that, prior to the issuance of a Building Permit, the Applicant shall submit an amendment to the Covenant to the City for review and approval, pursuant to the terms of the Covenant, and upon approval by the City, the Applicant shall record such amendment to the Covenant, which shall:

a.Require Five Hundred Thousand and 00/100 Dollars ($500,000.00) payable to the District 5 Office for mitigation of project impacts prior to issuance of a building permit in addition to payments already required under the Covenant;

b.Require that any member of the public utilizing the public parking within the project be permitted three (3) hours of parking free of charge, seven (7) days per week, during all times the garage is open for public use, in addition to any free public parking already provided under the Covenant; and

WHEREAS, onFebruary 26, 2026, pursuant to City Commission Resolution No. R-26-0099, the City Commission approved a Right-of-Wayvacation for Northeast 64 Terrace; and

WHEREAS, on May 8, 2026, the Applicant submitted an application requesting a Special Appearance pursuant to the voluntarily proffered Exception condition to comply withSection 14 of the Covenantthat requires any modification, amendment, or release to be approved by the City Commissionfollowing a public hearing; and

WHEREAS, pursuant to the Zoning Atlas of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, (“Miami 21 Code”) the Assemblage is currently designated “T6-8-O,” Urban Core Transect Zone – Open and “T6-8-L,” Urban Core Transect Zone – Limited (although it may be rezoned to T5-O pursuant to the terms of the Covenant); and

WHEREAS, pursuant to the Miami Neighborhood Comprehensive Plan, the Property has a Future Land Use Map designation of “Restricted Commercial”; and

WHEREAS, the Assemblage is located within the Upper Eastside neighborhood; and

WHEREAS, on June 26, 2026, the Release Review Committee reviewed the request to amend the Covenant and recommended approval of the amendment, pursuant to Section 7.1.7.6 of the Miami 21 Code; and

WHEREAS, the City’s Planning Department, through its analysis, finds the Amended and Restated Declaration of Restricted Covenants is consistent with the goals of the Miami 21 Code; and

WHEREAS, the Planning Department recommends approval of the Amended and Restated Declaration of Restrictive Covenants as presented by the Applicant; and

WHEREAS, based on the information contained herein, the City Commission finds it appropriate to approve the amendment to the Covenant, as stated herein;

NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI 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 hereby approves the Amended and Restated  Declaration of a RestrictiveCovenants, attachedand incorporated as Exhibit“B,”for the properties generally located at610, 621, 625, 626, 630, 645, 640, 650, 675, and 685 Northeast 64 Terrace, 629, 635, 645, 655, 669, and 685 Northeast 64 Street, and 6443 Biscayne Boulevard, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A”.

          Section 3. This Resolution shall become effective immediately upon its adoption.

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