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HomeMy WebLinkAboutPZAB (8821) ResolutionCity of Miami City Hall f`. 3500 Pan American Drive PZAB Resolution Miami, FL33133 `f www.miamigov.com Enactment Number: PZAB-R-21-018 File ID: 8821 Final Action Date: 4/21/2021 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), FAILING TO RECOMMEND APPROVAL BY THE REQUIRED SUPERMAJORITY VOTE TO THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "75-0" URBAN CENTER TRANSECT ZONE — OPEN TO "76-8-0" URBAN CORE TRANSECT ZONE — OPEN FOR THE PROPERTY GENERALLY LOCATED AT 2200 AND 2222 SOUTHWEST 27 AVENUE, MIAMI, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", FURTHER RECOMMENDING TO THE CITY COMMISSION ACCEPTANCE OF THE VOLUNTARILY PROFFERED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, 27th Avenue and Coral Way LLC (the "Applicant") own the properties generally located at 2200 SW 27 Avenue and 2222 SW 27 Avenue (collectively the "Property"); and WHEREAS, the Property is an assemblage of two parcels totaling approximately 48,927 square feet (1.12) acres; and WHEREAS, the Property is located at the intersection of SW 22 Street ("Coral Way") and SW 27 Avenue on the block bound by Coral Way to the north, SW 27 Avenue to the east, SW 22 Terrace to the south, and SW 29 avenue to the west; and WHEREAS, the Property is developed with a gas station, constructed in 1956, and a four-story office building, constructed in 1973, and is bordered by other Office and General Commercial Uses along Coral Way and SW 27 Avenue; and WHEREAS, the Property is in Zone 5 of the Coral Way Beautification Master Plan, and falls within the boundary of the Coral Way Established Setback Area; and WHEREAS, Coral Way is a City -designated Transit Corridor, well served by several Miami -Dade County Metro Bus route 24 and City of Miami Trolley "Coral Way" route, and is located just north of the Coconut Grove Metrorail Station Transit Oriented Development (TOD) area; and City of Miami Page 1 of 5 File ID: 8821 (Revision: 8) Printed On: 611012021 WHEREAS, the Applicant has submitted a request to change the zoning classification of the Property from "75-0" Urban Center Transect Zone — Open to "76-8- 0" Urban Core Transect Zone — Open; and WHEREAS, the Applicant has voluntarily proffered a draft Covenant (Matter ID No. 20-1051, attached hereto as Exhibit B), that "At the time of a Temporary Certificate of Occupancy and prior to the issuance of a new certificate of occupancy, the Owner shall contribute $100,000 to the City of Miami towards right-of-way improvements along SW 22 Terrace in the area of the Property"; and WHEREAS, the request to rezone from T5-0 Transect Zone to the T6-8-0 Transect Zone is consistent with the Property's existing future land uses ("FLU") of Restricted Commercial, therefore, a companion Comprehensive Plan Amendment is not required; and WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code provides that a change to the Miami 21 Atlas may be made only to the next Transect Zone and shall maintain the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height; and WHEREAS, the Planning Department reviewed the application and found that the proposed zoning change from the T5-0 Transect Zone to the T6-8-0 Transect Zone is successional pursuant to Article 7, Section 7.1.2.8.a.3. of Miami 21, the proposed change represents the encroachment of the T6-8-0 Transect Zone along a well - established T5 corridor; and WHEREAS, the proposed zoning change from the T5-0 Transect Zone to the T6-8-0 Transect Zone would increase the maximum Density allowed from 65 DU/AC to 150 DU/AC and the maximum number of stories from five to eight By Right, with an additional four stories by participating in the Public Benefits Program of Article 3, Section 3.14; and WHEREAS, the area to east and west of the Property is largely a mix of Commercial and Office uses, and the Property is one of few along Coral Way that does not directly abut the T3 Transect, the Coral Way corridor was intentionally down -zoned to T5-0 to protect the well -established T3 neighborhoods to the north and south from incompatible Density, intensity, and Height; and WHEREAS, only rezoning the southwest portion of this intersection to T6-8-0 Transect Zone would result in an irregular zoning boundary along the south side of Coral Way that does not fully comply with the transitions sought by Miami 21; and WHEREAS, the requested rezone is successional; however, deemed the request inappropriate in light of the intent of the Miami 21 Code; and City of Miami Page 2 of 5 File ID: 8821 (Revision: 8) Printed On: 611012021 WHEREAS, under the previous City of Miami Zoning Ordinance 11000, the Property, along with the Coral Way corridor between SW 12 Avenue and SW 37 Avenue, was designated "C-1" Commercial and "O" Office with the SD-23 Overlay District; and WHEREAS, the SW 27 Avenue corridor between Coral Way and South Dixie Highway (US 1) was designated "C-1" Commercial and "O" Office with portions of the north -south corridor subject to the SD-24 Overlay; and WHEREAS, with the adoption of the Miami 21 Code (Ordinance 13114) in 2010, the properties fronting onto the Coral Way corridor were zoned "76-8-0" Urban Core Zone — Open, and the SW 27 Avenue corridor between SW 22 Terrace and US 1 was zoned "75-0" Urban Center Zone — Open; and WHEREAS, in response to feedback from neighbors and neighborhood associations from the Miami 21 rezone process, the City of Miami Planning Department initiated two rezonings (Ordinances 13237 and 13191), which subsequently down - zoned the Coral Way corridor between SW 17 Avenue and SW 37 Avenue from the T6- 8-0 Transect Zone to the T5-0 Transect Zone, and SW 27 Avenue was from between SW 22 Terrace and US 1 From T5-0 Transect Zone to T4-0 Transect Zone, respectively; and WHEREAS, the request to rezone from the T5-0 Transect Zone to the T6-8-0 Transect Zone is consistent with Land Use Policy LU-1.1.7 which seeks to establish land development regulations and policies that "will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycle, automobiles and mass transit; and WHEREAS, based on the Applicant's intent to develop the Property with "neighborhood serving uses and needed multi -family residential housing opportunities" in close proximity to places of employment and shopping, a change in zoning from the T5-0 Transect Zone to the T6-8-0 Transect Zone is not needed to fulfill the above MCNP policy nor Policy LU-1.3.15, referenced in the letter of intent: "the City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mx of uses including areas for employment, shopping, housing, and recreation in close proximity to each other"; and WHEREAS, the requested change from the T5-0 Transect Zone to the T6-8-0 Transect Zone would result in minimal changes to the range of Uses permitted as the T5-0 Transect Zone already permits a broad range of Residential, Commercial and Office development; therefore, the change would simply allow additional Density, Height, and development capacity; and City of Miami Page 3 of 5 File ID: 8821 (Revision: 8) Printed On: 611012021 WHEREAS, the requested change in zoning does not further the goals and objectives of the Miami Neighborhood Comprehensive Plan; and WHEREAS, a review the Miami 21 Zoning Atlas reveals that there have been no changes to the Transect boundaries that were established with the adoption of Miami 21 and the aforementioned changes to the Coral Way and SW 27 Avenue corridors with the exception of a rezoning from the T4-R Transect Zone to the T5-0 Transect zone for a portion of the property located directly to the west at 2750 SW 22 ST (Ordinance 13418); and WHEREAS, two additional rezones from the T4-R Transect Zone to the T4-L Transect Zone were approved along SW 22 Terrace between SW 22 Avenue and SW 37 Avenue pursuant to Ordinance 13489 and Ordinance 13683; however, these did not result in an increase in Density or Height, nor changed the east -west boundary that was established between the T5 properties along Coral Way and the T4 Transect to the south with the adoption of Miami 21; and WHEREAS, while the request to rezone from T5-0 to T6-8-0 is successional pursuant to Article 7, Section 7.1.2.8.a.3. of Miami 21, the proposed change represents the encroachment of the T6-8-0 Transect Zone along a well -established T5 corridor: and WHEREAS, the proposed change does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; and WHEREAS, pursuant to Miami 21, Article 7, Section 7.1.2.8.d.1, the Planning Department recommends denial of the request to change the zoning classification from "75-0" Urban Center Transect Zone — Open to T6-8-0" Urban Core — Open; and WHEREAS, there are some merits to this application, however, concerns outweigh those merits and a study of the corridor and neighborhood may be warranted as the standalone request of the proposed rezone results in an irregular zoning boundary that is incompatible with the Miami 21 principal of transitional zoning; and WHEREAS, the Applicant's voluntarily proffered Declaration of Restrictive Covenants does not affect the Planning Department's recommendation or analysis; and WHEREAS, PZAB has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, PZAB has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the propose change unnecessary; and WHEREAS, the PZAB, after careful consideration of this matter, failed to deem it advisable and in the best interest of the general welfare of the City of Miami ("City") and City of Miami Page 4 of 5 File ID: 8821 (Revision: 8) Printed On: 611012021 its inhabitants to recommend approval of this amendment to the Miami 21 Zoning Atlas, as hereinafter set forth; and WHEREAS, pursuant to 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, no action to recommend a rezoning shall be taken without the concurring votes of a supermajority of board members present with said supermajority consisting of one more member than a simple majority; and WHEREAS, after careful consideration of this matter, a motion to recommend approval of the zoning change was made, wherein six (6) PZAB members voted in favor and five (5) PZAB members voted against, thereby failing to receive the required supermajority vote to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD 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 Planning, Zoning And Appeals Board ("PZAB") failed to recommend approval to the Miami City Commission, by the required supermajority vote, to amend the Zoning Atlas of Ordinance No. 13114 ("Miami 21 Code"), as amended, by changing the zoning classification from "75-0" Urban Center Transect Zone — Open to "76-8-0" Urban Core Transect Zone — Open for the property generally located at 2200 and 2222 SW 27 Avenue, Miami, Florida as described in "Exhibit A", attached and incorporated. Section 3. The PZAB further failed to recommend to the City Commission the acceptance of the voluntarily proffered covenant, attached and incorporated as Exhibit "B" by failing to reach a supermajority pursuant to 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code. Section 4. This Resolution shall become effective upon adoption by the PZAB. Reviewed and Approved: k/CA 2.w� -Pons AI P, Director, Depaftmentotelanning 611012021 City of Miami Page 5 of 5 File ID: 8821 (Revision: 8) Printed On: 611012021 Y n r SKETCH TO ACCOMPANY LEGAL DESCRIPTIO NOTIV CE rni.­e, m—Ih.&dm,. pbk h—,g h .�o,aa�� wIm t1,[ 11le fldh m me Citym "All) Mi"I CWe. Theappl-d' bsi.ion-ma i'g bony will EXH I BIT A wewmehb�atio al lha pbk hearing to —da'. recommentlation or z final aecieon. PZ-19-4416 41 03/22/21 N87°53'27"E SW 22 STREET— — — (CORAL WAY) TT PUBLIC RIGHT-OF-WAY VARIES IORIGINAL PROPERTY LINE r50.0" AS PER P.B. 2 - PG. 84)I r N87053'27"E 190.05' 5.0' --- 2.0' I II 35.0' 25.0' CO I zC IE oN LL IZ O NI�v LO I `-�' z to !V I � C7 O ma ILL3 0 ON N I C4 Im a I O 0_ 0 a LOT 2 OF BLOCK 1 LOT 1 OF BLOCK 1 H l o l I ?> N I (P.B. 2- PG. 84) (P.B. 2- PG. 84) I r N � IIZ I I LEGEND: I I q = CENTERLINE 25.0' f0 = MONUMENT LINE 35.0' I O o I I 2.0' — — S87054'08'.W 190.49'� — 0 — - 50.0'--I N _SW 22 TERRACE 50' PUBLIC RIGHT-OF-WAY ORIGINAL FROPERTY LINE ° (A5 PER P.B. 2 - PG. 64) NOTICE: This document is not valid, full and complete without all pages. L 0jYNGITUDE S U R V E Y O R S, L L C r9776 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 * FAX: (305) 513-5680 * WWW.LONGITUDESURVEYORS.COM JOB No. 19023.0.01 PAGE 1 OF 3 J `t'SY fli'f SKETCH TO ACCOMPANY LEGAL DESCRIPTIO _,tlaNaa�� wOshnm uTICE Iheaweempbk h e,9 mresetmh m me city m m�eapplwtwom'bwy w thpheingt.—d(EXHIBIT "All) Th d-in., PZ-19-4416 �\ 03/22/21 LEGAL DESCRIPTION: Parcel 1: All of Lots 1 and 2 and the East 25 feet of Lot 3, Block I, of MIAMI SUBURBAN ACRES, according to the Plat thereof, recorded in Plat Book 2, at Page 84 of the Public Records of Miami -Dade County, Florida; save, and excepting therefrom the following: the North 32.8 feet, the East 35 feet and the South 10 feet for street right of way. NOTICE: This document is not valid, full and complete without all L .)NGITUDE S U R V E Y O R S, L L C 7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 * FAX: (305) 513-5680 * WWW.LONGITUDESURVEYORS.COM JOB No. 19023.0.01 PAGE 2 OF 3 SKETCH TO ACCOMPANY LEGAL DESCRIPTIO (EXHIBIT "A") LOCATION MAP (NOT TO SCALE) PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: 1�J L11Y'f]F� NOTICE m1..0,nmal needs to te.Ihedeied m, a pabun healing in a�o,aan� wim umenneq.et torah io the Citym Mlarni Cotle. The apphwde tleci.ion-making body will rewewthe information at the pubc hearing t. render a - mends., o, a final d-ieon. PZ-19-4416 �Av 03/22/21 The Legal Description of the Subject Parcel was generated from the following documents: Municipal Atlas of City of Miami Sheet # 42D , last Revision May 29, 1979 Plat of "MAP OF MIAMI SUBURBAN ACRES", recorded in Plat Book 2, at Page 84 Public Records of Miami -Dade County, Florida. Official Records Book 31325 Pages 4146-4148 and Official Records Book 31325 Pages 4157-4158 of the Public Records of Miami -Dade County, Florida. Bearing and coordinates (Northing and Easting) are relative to the Florida State Plane Coordinate System, Florida East Zone 0901, North American Datum (NAD) 1983 adjustment of 2011 (NAD83/2011)-Epoch 2010.0000; with a bearing of N87°53'27" E being established for the centerline of SW 22 STREET(CORAL WAY), said line to be considered a well established and monumented line. EASEMENTS AND ENCUMBRANCES: No information was provided as to the existence of any easements other that what appears on the underlying record. Please refer to the Limitations item with respect to possible restrictions of record and utility services. RESTRICTIONS: Since no other information were furnished other than what is cited in the above pertinent information used for the preparation of this document, the Client is hereby advised that there may be legal restrictions on the subject property that are not shown on this Sketch or contained within this report that may be found in the Public Records of Miami -Dade County, Florida or any other public and private entities as their jurisdicfions may appear. This document does not represent a field boundary survey of the described property, or any part or parcel thereof. SURVEYOR'S CERTIFICATE: I hereby certify: That this "Sketch to Accompany Legal Description" and the Survey Map resulting therefrom was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said "Sketch to Accompany Legal Description" meets the intent of the applicable provisions of the "Standards Practice for Land Surveying in the State of Florida ", pursuant to Rule 5J-17.053 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. LONGITUDE SURVEYORS LLC., a Florida Limited Liability Company Florida Certificate of Authorization Number LB7335 By: z Digitally signed by Eduardo M. Suarez Eduardo M. Suare Date: 2019.10.07 14:18:25-04'00' Date: Eduardo M. Suarez, PSM Registered Surveyor and Mapper LS6313 State of Florida NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps by other than the signing party are prohibited without the written consent of the signing party. NOTICE: This document consists of 3 pages and it is not valid, full and complete without all pages. L.)NUTUDE SURVEYORS 7769 NW 48TH STREET, SUITE 375, DORAL, FLORIDA 33166 * PHONE: (305) 463-0912 * FAX: (305) 513-5680 * WWW.LONGITUDESURVEYORS.COM JOB No. 19023.0.01 PAGE 3 OF 3 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-4116-008-0011, 01-4116-008-0010 1�J L11Y'f]F� NOTICE rn1.­e, m t Iheae�e m,. pabk h.,,,g In arcortlana wM1h tlmelln1let forth in the City & Mi"ITheapphwd' decision -ma i,g bwywill rewewihe inbrmation at the pabc hearing t. re dtl , a ,ecommenda ., o, a final d-in., PZ-19-4416 / �Av 03/22/21 /f (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of February, 2021, by 27TH AVENUE AND CORAL WAY, LLC, , a Florida limited liability company having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 and 27TH AVENUE AND CORAL WAY 2, LLC, a Florida limited liability having offices at 2199 Ponce de Leon Boulevard, Coral Gables, Florida, 33134 (collectively, the "Owners"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") WITNESSETH: WHEREAS, Owners holds fee -simple title to certain property in the City of Miami, Florida, located at 2200 SW 27 Avenue and 2222 SW 27 Avenue in Miami, Florida, legally described in Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, the Owner sought and obtained a rezoning pursuant to Ordinance No. for the Property; and WHEREAS, the Owner is desirous of making a voluntary binding commitment to assure and affirm that the Property shall be developed in accordance with the provisions of the Declaration herei . `11Y flp� . v.0 nTav NOTICE idtn, TMi„ebm'nalnaetlstobeactletlelf bcitym Declaration of Restrictive Covenants &in the°`"°a'1ng ina,°raanrewim tlmellhe in MlamlCWe. Theapplies detlsis n-naXing bWy will Folio No(s): 01-4116-008-0011, 01-4116-008-0010 "ewme�o coati°nal, Pabgehearingle ntle`® tlab one zfinal—iivon. PZ-19-4416 NOW THEREFORE, the Owner, for valuable consideration, the receipt and 03/22�21 which are hereby acknowledged, voluntarily covenants and agrees that the Property shall B—e 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. Use/Restriction: At the time of a Temporary Certificate of Occupancy and prior to the issuance of a new certificate of occupancy, the Owner shall contribute $100,000 to the City of Miami towards right-of-way improvements along along SW 22nd Terrace in the area of the Property. 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 Covenant. This voluntary covenant 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 instrument 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. PA `11Y flp� . v.0 nTav NOTICE Declaration of Restrictive Covenants TMi„ebm`nalnaetlstobeactletlelf &in the°`"°a'1ng ina,°raanrewim tlmellhe idtn, in bcitym MlamlCWe. Theapplies detlsi—n-na ing bWY will Folio No(s): 01-4116-008-0011, 01-4116-008-0010 "ewme�o coati°nal, Pabgeheard., ntle`® tlab one zfinal—iivon. PZ-19-4416 5. Inspection and Enforcement. It is understood and agreed that any offic °ai22i2 of the City of Miami may have the right at any time during normal working hours of the City 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. 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, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 3 `11Y flp� . v.0 nTav NOTICE Declaration of Restrictive Covenants TMi„ebm'nalnaetlstobeactletlelf &in the°`"°a'1ng ina,°raanrewim tlmellhe idtn, in bcitym MlamlCWe. Theapplies detlsis n-naXing bWY will Folio No(s): 01-4116-008-0011, 01-4116-008-0010 "ewme�o coati°nal, Pabgehearingle ntle`® tlab one zfinal—iivon. PZ-19-4416 8. Severability. Invalidation of any one of these covenants by judgment o °ai22i2 not affect any of the other provisions of this Declaration, which shall remain in full force effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. 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. 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW il Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 IN WITNESS WHEREOF, the undersigned has set his hand and seal this February, 2021. WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) OWNER: 1�J L11Y'f]F� NOTICE rni.­e, m t Ih.&e dm,. pabk h.,,,g In arcortlana wM1h tlmelln1let forth in the City & Mi"I CWe. The apphwd' decision -making bwywill rewewihe inbrmation at the pabc hearing t. re dtl ' a - mends ., o, a final eecivon. PZ-19-4416 / �Av 03/22/21 /f 27TH AVENUE AND CORAL WAY, LLC Managing Member / Partner Name: Pablo L. Cejas Title: AMBR 2199 PONCE DE LEON BOULEVARD CORAL GABLES, FL 33134 The foregoing instrument was acknowledged by means of ❑ physical presence or ❑ online notarization before me by Pablo L. Cejas, the AMBR of 27TH AVENUE AND CORAL WAY, LLC, on behalf of the limited liability company. He is ❑ personally known to me or ❑ has produced , as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 5 Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 I IN WITNESS WHEREOF, the undersigned has set his hand and seal this February, 2021. WITNESSES: Signature Print Name Signature Print Name STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) OWNER: 1�J L11Y'f]F� NOTICE rni.­e, m t Ih.&e dm,. pabk h.,,,g In arcortlana wM1h tlmelln1let forth in the City & Mi"I CWe. The apphwd' decision -making bwywill rewewihe inbrmation at the pabc hearing t. re dtl ' a - mends ., o, a final eecivon. PZ-19-4416 / �Av 03/22/21 /f 27TH AVENUE AND CORAL WAY 2, LLC Managing Member / Partner Name: Pablo L. Cejas Title: AMBR 2199 PONCE DE LEON BOULEVARD CORAL GABLES, FL 33134 The foregoing instrument was acknowledged by means of ❑ physical presence or ❑ online notarization before me by Pablo L. Cejas, the AMBR of 27TH AVENUE AND CORAL WAY 2, LLC, on behalf of the limited liability company. He is ❑ personally known to me or ❑ has produced , as identification. Name: Notary Public, State of Florida Commission No. My commission expires: Declaration of Restrictive Covenants Folio No(s): 01-4116-008-0011, 01-4116-008-0010 APPROVED AS TO CONTENTS: Cesar M. Garcia -Pons Planning Director Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney 7 1�J L11Y'f]F� NOTICE rni.­e, m t Iheae�e m,. pabk h.,,,g In arcortlana wM1h tlmelln1let forth in the City & Mi"I CWe. The apphwhle decision -making bwywill rewewihe inbrmation at the pabc hearing t. re dtl ' a - mends ., o, a final eecivon. PZ-19-4416 / �Av 03/22/21 /f `11Y flp� v.0 . nTav NOTICE TMi„ebm�a'nee°`mbaa`Xee°�em,apatl°`°ea,�ng Declaration of Restrictive Covenants in a�°,en wim timelineset in me citym Mlaml CWe.The appliwde tlswisi-°n-maXing b°tly will Folio No(s): 01-4116-008-0011, 01-4116-008-0010 "`wm`o coati°nallhepabehea"°°'°re°tle,a a�a°n °, � nnal eeue°n. PZ-19-4416 Exhibit A 03/22/21 s All of Lots 1 Ord 2 and the East 25 feet of Lot 3, Block L of MIAMI SUBURBAN ACRES, according to fhe Plat thereof, recorded in Plat Book 2, at Pogo 84 of the Public Records of Mbrni-Dade County, Florida; save, and excepting therefrom fhe following; the North 323 feet, fhe Eost 35 feet and the South 10 feet for street right of way.