PZ.7 - Approve Museum Structure Amendment

WHEREAS, the Institute of Contemporary Art, Miami, Inc. (“ICA” or Applicant”), owns the property located at approximately 61 Northeast 41 Street, 50-52 Northeast 42 Street, 58 Northeast 42 Street, and 68-70 Northeast 42 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A” (“Property”); and

WHEREAS, there is a Declaration of Restrictions recorded in Official Records Book 29781, Page 4368 (“Original Covenant”) on the Property in connection with a requested zoning change to “CI,” Civic Institution; and

WHEREAS, on July 11, 2015, the City Commission considered and approved the zoning action under File No.15-00406lu for the Property and accepted the Original Covenant as part of the public hearing process; and

WHEREAS, the Original Covenant imposes development limitations on the Property, including restricting construction of the museum building to the southern parcels, requiring the northern parcels to be maintained as a sculpture garden, establishing maintenance, enforcement, inspection, and timing requirements, and requiring City Commission approval for any modification, amendment, or release; and

WHEREAS, the Applicant submitted a request to the City of Miami(“City”) seeking to amend the Original Covenant, with the proposed amendment attached and incorporated herein as Exhibit “B”; and

WHEREAS, this request represents the first amendment to the Original Covenant; and

WHEREAS, the requested amendment is limited to modifying the provision prohibiting structures on the northern portion of the Property – to allow for the construction of a small ancillary museum structure of approximately two hundred ninety-seven (297) square feet; and

WHEREAS, while the amendment to the Original Covenant would allow a structure for a maximum of seven hundred fifty (750) square feet, the Applicant only intends to construct a building that is two hundred ninety-seven (297) square feet; and

WHEREAS, pursuant to Article 4, Table 12 and Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”), properties designated with a Civic Institution (CI) use classification permit ancillary structures and accessory uses that are customarily incidental and subordinate to the principal institutional use, and the proposed structure is intended solely to support the operations of the Institute of Contemporary Art, Miami as an accessory to the primary museum use; and

WHEREAS, the proposed amendment expressly authorizes the placement of an ancillary museum structure on the North Parcels, limited to a maximum of seven hundred fifty (750) square feet with a buffer from the public right-of-way, thereby establishing a clear and permissible location for such structure within the portion of the site otherwise maintained as a sculpture garden; and

WHEREAS, the Applicant is not requesting a full or partial release of the Original Covenant, and all provisions not expressly modified in the amendment shall remain in full force and effect; and

WHEREAS, the Property consists of approximately 28,085 square feet (0.64 acres), is zoned “CI,” Civic Institution Transect Zone, and is located within the Buena Vista Historic District; and

WHEREAS, on June 26, 2026, the City’s Release Review Committee reviewed this request to modify the Original Covenant pursuant to Section 7.1.7.6 of the Miami 21 Code and recommended approval; and

WHEREAS, the Planning Department has reviewed the request and determined that the proposed amendment is appropriate, limited in scope, and consistent with adopted City procedures; and

WHEREAS, the City Commission approvesto amend the Original Covenant as stated herein;

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 herein.

Section 2. The City Commission hereby approves the amendment to the Original Covenant, attached hereto as Exhibit “B,” in a form acceptable to the City Attorney, with the condition that:

·Any future development, construction, site improvements, or structural modifications on the Property shall comply with Chapter 23 of the Code of the City of Miami, Florida, as amended, and obtain all required approvals from the Historic and Environmental Preservation Board (“HEPB”) or HEPB Review Group, as applicable.

Section 3. All remaining provisions and restrictions in the Original Covenant shall remain in full force and effect.

Section 4.  This Resolution shall become effective ten (10) days after adoption.