Loading...
HomeMy WebLinkAboutM-03-0117ITEM PZ 12 FIRST READING PLANNING FACT SHEET APPLICANT Ben Fernandez, Esquire, for Florida Union Land Corporation and Sime Corporation HEARING DATE November 20, 2002 REQUEST/LOCATION Approximately 536, 602, 608 and 690 NW 57th Avenue and 601, 605, 611, 631 and 641 NW 570h Court LEGAL DESCRIPTION Complete legal description on file with Hearing Boards. PETITION Consideration of amending Ordinance No. 10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan by changing the future land use designation for the properties at approximately 536, 602, 608 and 690 NW 57th Avenue and 601, 605, 611, 631 and 641 NW 57th Court from "Single Family Residential" and "General Commercial" to "Restricted Commercial". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER Denial. See supporting documentation. Recommended approval with conditions to City Commission. N/A. 02-079 VOTE: 6-2 Item #1 CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 1/13/2003 Page 1 03- 11"7 172n*l2U P3V ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 536, 602, 608 and 690 NW 57 h Avenue and 601, 605, 611, 631 and 641 NW 57thCourt. Aualication No. LU- 2002-0037 DISCUSSION The proposal has been reviewed for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Single Family Residential" and "General Commercial" to "Restricted Commercial". The subject property consists of a parcel comprised of several lots facing NW 57th Avenue and a parcel comprised of several lots facing NW 57th Court. (Complete legal description on file at the Hearing Boards Office). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established future land use categories according to the Future Land Use Plan Map and the. "Interpretation of the Future Land Use Plan Map". The subject property is currently comprised of two parts, one facing NW 57th Court designated "Single Family Residential" and the other facing NW 57th Avenue designated "General Commercial". To the east, the area is designated "General Commercial"; to the south, the area is designated "General Commercial" and "Single Family Residential"; to the west, the designation is "Single Family Residential"; and to the north, there is a "Restricted Commercial" land use designation. "Single Family Residential": Areas designated as "Single Family Residential" allow single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities2 (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable 1 03- 11'7 state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suit- able locations within single family residential areas, pursuant to applicable land develop- ment regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing struc- ture(s). "Restricted Commercial": Areas designated as "Restricted Commercial' allow residen- tial uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential' subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, res- taurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. "General Commercial": Areas designated as "General Commercial" allow all activities included in the "Office" and the "Restricted Commercial" designations, as well as whole- saling and distribution activities that generally serve the needs of other businesses; gener- ally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive re- pair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to R-3 or higher, but not to exceed a maximum of 150 units per acre, are allowed by Special Exception only, upon finding that the proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents. This category also allows commercial marinas and living quarters on vessels for tran- sients. The Planning and Zoning Department is recommending DENUL of the application as presented based on the following findings: • It is found that the current designation of the east part of the subject property is "General Commercial". • It is found that a change to "Restricted Commercial" could be a logical extension of the designation immediately north and it is also -found that the change could be beneficial to the area in providing development of commercial activities that serve the daily retailing and service needs of the public especially if it is located along 57d' Avenue, a major arterial roadway. • It is found that the current designation of the west part of the subject property is "Single Family Residential" and is facing NW 57th Court. • It is found that the character of NW 5701 Court is residential. • It is found that a change in the designation will represent a commercial intrusion into a stable residential neighborhood. • It is found that MCNP Goal LU -1. which require the City to maintain a land use pattern that protects and enhances the quality of life in the city's residential neighborhoods and, Objective LU -1.3 requires the City to encourage commercial development within existing commercial areas. These findings support the position that the existing land use pattern in this neighborhood should not be changed. It also should be stated, that whereas MCNP Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon availability of public facilities and servicesxthat meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy 1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. 3 03- 11'7 Proposed Designation, Maximum Land Use Intensity CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT 206 DU's Proposal No. 02-37 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 11/12/02 WITHIN A TRANSPORTATION CORRIDOR Population Increment, Residents AMENDMENT INFORMATION Other sq.fL@ 0 FAR CONCURRENCY ANALYSIS Transmission Requirement, gpd Applicant: Ben Fernandez Peak Hour Person -Trip Generation, Other RECREATION AND OPEN SPACE Excess Capacity Before Change Address: 536,602-08, & 690 NW 57 Avenue; Population Increment, Residents 516 601, 605, 611, 631, & 641 NW 57 Court Net Increment With Proposed Change: Space Requirement, acres 0.67 Boundary Streets: North: NW 7 Street East: NW 57 Avenue Excess Capacity Before Change 182.80 South: West: NW 57 Court Excess Capacity After Change 182.13 Proposed Change: From: Single Family Residential & General Comma 'al Concurrency Checkoff OK To: Restricted Commercial Exfiltration System After Change On-site Planning District Existing Designation, Maximum Land Use Intensity Concurrency Checkoff POTABLE WATER TRANSMISSION S.F. Residential 0.54 acres @ 9 DU/acre 5 DU's Population Increment, Residents 516 Peak Hour Person -Trip Generation, Residential 7 Transmission Requirement, gpd 115,575 General Commensal 0.83 acres 660 Excess Capacity Before Charge >2% above demand Peak Hour Person -Trip Generation, Other 10 Excess Capacity After Change >2% above demand Excess Capacity Before Change Excess Capacity After Change 800 140 Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 1.37 acres @ 150 DU/acre 206 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 103 Population Increment, Residents 516 Other sq.fL@ 0 FAR 0 sq.ft. Transmission Requirement, gpd 95,453 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population Dwelling Units 516 201 STORM SEWER CAPACITY Peak Hour Person Trips 86 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District Flagami Concurrency Checkoff OK County Wastewater Collection Zone 315 Drainage Subcatchment Basin M1 SOLID WASTE COLLECTION 516 Solid Waste Collection Route 31 Population Increment, Residents 660 Transportation Corridor Name Flagler Solid Waste Generation, tons/year Excess Capacity Before Change Excess Capacity After Change 800 140 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Concurrency Checkoff OK Land Use Policy 1.1.1 TRAFFIC CIRCULATION CIE Policy 1.2.3 Population Increment, Residents 516 Peak -Hour Person -Trip Generation 86 LOS Before Change D LOS After Change D Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Departrnent (WASA). Excess capacity, if any, is currently not known CM -1 -IN 03/1 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation. 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT 2(R1). Transportation Corridors report Potable water and wastewater transmission capacities aro in accordance with Metro -Dade County stated capacities and aro assumed Correct. Service conneetans to water and sewer mains are assumed to be of adequate size: if not new connections are to be installed at owner's expense- Recreation/Open Space acreage requirements are assumed with proposed Change made. 03- 117 03- 1 J ' m � ,� s � w.7� •� � �+t � a ` � �.. .. .. .".�. �'�,' syr .-r� d�: ^i ..� �~c• °S'+'�' .. YW�+;'mdnvp owl s .� Y " J,1 �� �.9.uo•3, !rJ ��� �',� n� `ti+..+�^-1t .'n' � ��'�'• .x.z �:� f�e. '' Y t "r4�, •�'$,s bb,�.. '.,�•.•._ roe ���5^e bwr'i ,.� Vt Z � c. y' •Sy,,''�'+ hTsa • -� �& .. '; �` �.. M1��4`+i1iq •,;: s, �� * ' ,� wD.Mu � rS y"'i•'; �' �'� J�+Mk q. py .1 �:. F ,S 3 e $ ^ h k. d�Nsr ' .,... -i+- ,�, +OM1' � .�• a . ',� K �• .'p � � �� .. � ' -� `r� � � `X$+ s;x � � m, '•fir ?'Xs� � r^,�.V �•' � s.`P 3' �E � ice^;. L � '£. G �. y;.n-.. "�3 r-• �§�� .«•,. max• � ,•'a , r -F �. ``�• r ?ice � ' POO MW L , X h s�� �� �� ..c' .xr_ 1 Y �. '�4nj "'9t�^,* h,�.. - "'r'�.,xr,. 4�'""• fi� � z .� .•y>'=e's ''�'..s` rgv wa.. ki �, ,+c �c .?K$�sva`� r� _ � �� F Sa _'S•�'n•+'"-y�' - l RESOLUTION PAB - 82-02 A RESOLUTION RECOMMENDING APPROVAL WITH CONDITIONS OF A CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 536, 602, 608 AND 690 NORTHWEST 57TH AVENUE AND 601, 605, 611, 631 AND 641 NORTHWEST 57TH COURT, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" AND "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL". HEARING DATE: November 20, 2002 ITEM NO.: 1 VOTE: 6-2 ATTEST: _ 4&)y4,4 API -1 A labe - nche , Director Planning andZoning Department 03- 117 MOTION PAB - 01-02 A RESOLUTION OF THE PLANNING ADVISORY BOARD REGARDING AN APPLICATION FOR LAND USE CHANGE FOR THE PROPERTIES LOCATED AT APPROXIMATELY 536, 602, 608 AND 690 NORTHWEST 57TH AVENUE AND 601, 605, 611, 631 AND 641 NORTHWEST 57TH COURT, MIAMI, FLORIDA, IN ORDER TO RECOMMEND TO THE CITY COMMISSION THAT IF THEY WERE TO SO ACCEPT THE VOLUNTARILY PROFFERED COVENANT AS PART OF THE COMPANION ZONING CHANGE TO THIS ITEM, THAT SUCH A COVENANT SHOULD ADDRESS THE FOLLOWING ISSUES: DESIGN REVIEW AND LANDSCAPE BUFFER. HEARING DATE: November 20, 2002 ITEM NO.: 1 VOTE: 8-0 ATTEST: A be - a chez, 01rector Planning and oning Department 03- 117 Sent By: Bereow & Radell; 305 377 8228; Nov -7-02 2:24P11; PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2' Avenue, r Floor • {fami, Florida 33130 Telephone 305.416.1480 • Fax 305.416-2035 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Page 2/ Jv +In --------------- ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTWIES TO REGISTER AS A LOBBYIST VM THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTMTIE5 OF -FORE CITY STAFF. BOARDS, COMMITTEES AND AVAILABLE THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS MIAMI, FLORIDA. 33133. THE OFFICE OF THE CITY CLERK (MTHE CITY HALL), LOCATED AT 3500 PAN AMERICAN ORS APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISHNY LANG To A BE PRESENTATION IF BEFORE CITY BOARDS, COMM�EES AND THE CITY COMMtS51ON, POWER OF ATTORNEY WILL APPLICATIONDOR DESIRE TO MAKE A PRESENTATION BEFORE BOARDS, OARICANT OR LEGAL COUNSEL REPRESENTING DS HCOMM CANT EXECUTE THE COMMISSION. COMMITTEE AND THE CITY THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DMSION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:50 PM. 1. Section 62-32 of the Code of the City of Miami, comprehensive plan and adoption of evaluation and appraisal review the adopted isal report reads as inilows: (a) Periodically, but not less often than once In five year, or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive pian. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the Comprehensive plan pertaining to the major problems of development, physical deterioration and the location of landuses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive pian compared a actual results and the extent to which unanticipated and unforeseen aced ms and opportunities occurred; all as compared between the date of adoption and the date d the report. The report shall suggest that changes needed to update the comprehensive plan incl ing reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report In duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shalt adopt, or adopt with changes, the report resolution In public hearing within 90 days after the planni gadvisory vi portions thereof by recommendation. The city commission shag thereafter amend m board date of based on the recommendation in the evaluation and a comprehensive plan appraisal report, Adoption of the Rev. 00M"2 03 117 Sent By: Bercow &.Radell; 305 377 8228; Nov -7-02 2:24PY; Page 3/3 report and recommended amendmerb to the plan may be made simultaneously Pursuant to section 62-31 or If not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 2. Two 11x17" original current surveys, prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 3. An 8 % x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached form). 5. Complete application should be reviewed and initiated by Planning and Zoning designee prior to submittal. 6. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high-density multifamily, office; major public facilities, transportation/utii sties Commercialfrestricted, commerciailgeneral and industrial Commercial (CBD) Surcharge for advertising each Item Public nearing and public meeting mail notice fees, including cost of handling and mailing per notice 7. This petition is proposed by: ( ) Planning and Zoning Department (X) Other (please specify): Owner $ 300.00 $ 450.00 $ 550.00 $ 650.00 $1,200.00 $1,200.00 $ 3.50 8. The subjed lroperty is located at: NNW 57 Avenue, 602-08 NW 57 Avera�601 NW 57 Court, 536 NW57 Avenue. 605 NW 57 Court, 641 NW 57 Court...631 NW 57 Court -61 1. NW 57 Court. • • ._ 1 f1 I/� 1 �1 1 11 h1 1 1 11 IyKill 1 11 Il1iC� 1 t / I f 1 1 1 / 1 1 1 1 •�� 1 1 1 1 1 ♦• • 1 1 1 1 ► 1 �` 1 1 AND MORE PARTICULARLY DESCRIBED AS: 2 03- 117 9. The undersigned being the owner or the representative of the owner, of the subject properly do(es) respectfully request the approval of the City of Miami for the following amendment to the Miami Comprehensive Neighborhood Plan for the above-described (s) indicated in the Land Use Plan: Property as FROM: Sin le -Fa nily Residential and General Commercial TO: Restricted Commercial 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: 11. Please supply a statement justifying your request to change the plan to your requested plan designation. 12. What is the acreage of the property being requested for a change in plan designation? 1.3706 acres 13. Has the designation of this property been changed in the last year? No. 14. Do you own any other property within 200 feet of the subject property? No. If yes, has this other property been granted a change in plan designation within ' the last twelve months? 15. Have you made a companion application for a change of zoning for the subject property with the Hearing Boards Division? - Yes. 16. Have you filed with the Hearing Boards Division a(n): • Owner's list form? Yes. ~ • Affidavit of ownership? Yes. • Disclosure of ownership form? Yes. • List of owners of property within 500 feet of the subject property? Yes. If not, please supply them. Rev. 06/04/02 03- 117 17. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? No. 18. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No. 19. What is the purpose of this amendment? To allow the development of an Eckerd Pharmacy on the property Rev. 06/04/02 Signature Name Address 2� •S• ��.�'.l !.1?.�i ��• Hinh,11' , jv 33131 Telephone Date02- 4 03- 117 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was 20 07— , by Awn T --ern before me this --i day of 1- who is an individual �o r who has puc uced _ who did (did not) take an oath. (StampBEM � MY COMM' E M-. FwbruW 2T. 2006 /40" NOTARY a, Nona SWVM & eondw x+c STATE OF FLORIDA COUNTY OF MIAMI-DADE as 20 by foregoing instrument was acknowledged before me this day of ' y of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature 20The foregoing by was acknowledged before me this day of behalf of y -,partner (or agent) on He/She is personally known to me or who has produced %.a Partnership. as identification and who did (did not) take an oath. (Stamp) Rev. 06/04/02 5 Signature 03- 117 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Femandez. Esq , who being by me first deposes and says: 1. That he/she is the owner, or the,.le al representativ of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, ❑ including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE plicant Signat e The foregoing instrument was acknowledged before 2002, by Ben Fernandez, Esq. who is an individual_rson produced as identifir"� an oath. (Stamp) BETTY U.ERENA MY COMMISSION +/ OD 005EG7 EXPIRES: PGbnJM 27. 2008 NOTARY PL NOWY i BWdM MSO. Rev. 12/0 v this_tb*:Lday of October known to r who has in,d,who did (did not) take 03— 117 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Sime Corporation see a► ached Exhibit "A". Florida Union Land Corporation, see attached Exhibit "B". 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Sime Corporation Florida Union Land Corporation Scott K. Sime 50% Ronald B. Picchi 33.33% Belinda S. Sims 50% Eugune Picci 33.33% Blaize Picci 33.33% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Owner or Signature The foregoing instrument was acknowledged before me this olbday of October 2002, by Ben Fernandez, Esq. who is an individual onallv known tom r who has produced as identification and who did (did not) take an oath. .-� q 4 (Stamp) SEM LLERENA MY COMMISSION I W ODOI EXPIRES: F*bruary 27.200 1.ta0p�NptA11Y' NOWy Serviw a Bandrp. Rev. 12/05/01 03— 117 The North 1/2 of Lot 2 all 91 Late 24 and 25, legs the East 6' of all Lola. Sloak 17, of WEST FLAGLER PARK, ogo►ding to the Plat thereof, recorded In P141 Sack 8, Peg© 8a, of tho Pubf!o Socords of D de �cunly. Fiortds. 03. 3r 1 Legal Description: Lots 1, 2, 3, 4, 5, 6, North 20 feet of Lot 7, Lots 26, 27, 28, 29, and 30; C -6j -C -n, West Flagler Park Subdivision, according to the Plat thereof recorded in Plat Book 8, Page 96 of the Public Records of Dade County, Florida. ' NOW . _. AdimWIL T '••why WI Mons 9taatlbatp, lM1atrip ttgRfnnn, LipofL fawn d *w". P.►. ' _ 14l1 a�btalt Mlarly, "a qt t I (Spew ra•>r.d I« Owl, of ceurU Property1►ppzaleer1s pa a1 1993 AUG 13 15;!_ iir�t$Tc"ve`t: 1016."vv SURtX 1r2,'s7.i'. FI41`irz. P'.'uJIlt1 CLERK DADE COUNTYs FL WARRANTY DEED THIS DEED Is made J d the t day of AmuiIL.'am betwoan SANDRA E. Dl) IN, e married woman (the'Q►Antarl,Haab address Is sly T.P. eM , j Arai 3.K 61ME CORP., a Fioddejjcolvastion (the'Ormtae1 whose Wpe__•, yer tdeniftedon number Is ._� and whoa oddrbals-909 LuerW Avenue. Coral Gabies, Florida 331148. 1 WITNESSETH: G AANTOR, In acn0doirs ion of Yon (=10.00 Dolare and other Good and valuable consideralipn pAicl by Wart". Ins ncol0t and suffic encyotwhich are hefty acknovAedged. has granted. bargalned and sold. and by :hese prevents does grant ba and sell, to Grantee, and Grantee's hetes, succsaaors and assigns forever. the following Property 1 t . In Dodo County, Florida (the `Proportyl, toeme The Nath 1/0 of Lot 2.4, a0 pf Late 24 and 25, toss the East 6' of sit Lots. Brook 17, of WEST RLAGLEA PARK.ottording to the Plat thereof, recorded In Plat Book 8. Page so, of the Public Records of 04 ift Bounty. Flodds. . • • 9liBJlCT TQ; . " 1. Taxes and asse Monts for the year 1903 en0 subsequent years._ 9. All laws, ordlnan jai, roostleas, rastrlcfioru, prahlbitlens and other requirements; imposed by 9awnenerg apttprky 7. 9 Easements, net fellons and rNarvatlone of record, Without tole trttentton of relrnpoa:n9 soma. HAVv AND TO HOM ynto Gtentee and Grantee's heirs, successors and assigns In fee Aimpla +3QdN'OA '+eroby wa to the title to the Property and will defend the sane against the lawful --spire cr se persons whomeow 0 RANTOM represents to that the Property 4 not now nor has R ever been the homostead -I Gromor nor Is the Proparty cc to the homestead of Grantor. IN WITNESS WHGAEOR Grah,tar has executed this Dead as of the day and year first above wrltton. _ . s' :isd sealed find doMred in the preeenoo of: j Nemo: SANDRA E DAMN Address: � �+ams• ca,cvcg 3�1 h ; STATE OFi� ) O � � COUNTY OPAIM COQ The forepoln9 lnatnimen Wee.aoknowledged before me this "flay of _thg ST1993, by i 9ANDliA .. bAL81N. She Is pare . Ily known to me or has produced Ij . ' as ktentincadon and db take an osih. slime 0, is ,,� a1o0�M M OM HARMS 43C am CUX • PWAo.$tate OI&Addr—=LtIgo rS �G v�Qri�i7:�• i— My Commission t;ixpiras: (N Aerfal goal) OFFICIAL SEAL w JANE SCARAVILLI s v NOTAP.Y PUSI. C. STATE OF MT CommiSSiON EXPIRE V94 I �Z '39ddZ&D9t698i-ON St:bi ¢hsliZ3tlit ' "�o:et EE ii�a� -+iQH��i P1Qr+P3 • � 03 _ 117 Calif. my; aerGUw a navv11i 3uo all tizza; OCt-23.O2 6:00PY; 1l/a? !Loss 11147 ION tat /L-004-2000.166:7202-19CM447-1 11ii13lgST" tea, 00 /ftoi t rt -0I-166172-2 i0i02/2002 11:41iQpci page 1 01'1 r.Yu Mtrsw• aw "Not"" p" 91+0o1,00saou . 1'rwl[:L NIY n,leJlat 144 Ma Atr l}aattr.e raasac .ss M of ,w oam V ato tole QttR•Qittat Oak. met" tAta l do or . A.D. t1 t! UVIA 11CM, a a11M2a woman. 1211 ioutbeast !rd Mr., PDAA+ so t If dllo, =iorida !! N rim71MIU i>Z W &M Q3AP09ATI0P, a 72erids eor asstton, s Wd dw - II it 11102 Itoceset teat, 900[ Let". IL ssou ORWA pt q �!f'1M?tit� list W aafd jtN! lvtlr, J� ead t+ eaiitatits d ue alt iii .. 00 OG • taladpebrontKtrtrlMd�tr�Wnrf{Pt ml�i�irip•dn�{I�cddrw jrieNK er[ pn•trkraatnlestittrladPstO►J1•w•tr•, a8/rrtpY,IMaiak++a4eYiw�tntdbrlli+}iiettJmptt,pyt left ins 614ar! a OdAbot &&POW lab p(M K/MM rk4tri wa 44 rad hms 4 At �7 d Raz, 31m v ?'t=m Loss 3d, 27, Yd, n! !P, nod 30, and e ha 90.40 feet of Lots 1, 2 S. aad 4, all 1n lloek 17 of MLI? nAA P&M. aeaardiat to the Plat tbersof as recorded M Platbook 9 at Pap 99 of the Pablla laearMt of Dada tbuaty, 119214; -AND- Rha awth 20 is•t, ism The rias: ! toot of Lot 90 is Stock 17 of VM RAZZ PI<!t, a.e09rL11}aa To tba IIIA tlereo! as re0ersed to Pidt- twok a at Pana 90 or the vublie aeeards at b"t Coury. Ptorldat t .30 adtatary consideration h" ■w-hawd h&MWAberelora. This Mad to rate a trssafes of 191119 any. Os f?9t IL3li!D llb New tydw riM aiae�f�it+-+4taMNen ttrnsaroiiwlpeQ Kotnl*x asisllllitlAata*1%R .hir fee.PidasiahiwareYaa+►tfliltrtrai[ .f'" reel, lOt•► of (If K quit M tlY silly p " tlI,11 f tried idptilfk MFi Maud portr is em" js UMAS Wkise t. 7ttr aoUftst per* Aa Mool vol ud d Soo p tic w t'r_ dtryeW ytvr.&w d4w hale. as ,rrtrairVz— atittlrr ---�— aLlt' ---- •'ss~nw�'ra' t ,• IMIAR[ �A1, ; � �M, � ilei s1� dh•ati . � ' • r;�t..... _..... _ a 4 fr;'rrMliA�i!!D{3 > u,,.boat,.�rww.iw.Lt•.....a.�T.•ia`•.ratn+s � � �'�R�ffT01,-L�aLl�i��j'�. _ _ �i.MMa,4 •rlh'..w4rtrlNa•.rs 1,..•r•rt.w.J 1 LACM PSCCLI •-�..1•r..�.MIL1.w�.,,i.wMli�•M�}HaY!a1/W�Mf�/l7FR �M�•Y ..i4Jwio.. •.� ei10 Q..1,..... lar t.w,r.a._�-M. Ki.t.tnr.da•.w .au ,h•..a ileis�a41 rs"ye r, �.i�t~j�•,yr..T.ti %'/'If! 47 .raar.w4ltrir- •+••w.+ ••••• "L±i��lt���i '�� Ya wM,ll►/ rtrw�'1,�/, I..w,.id.i).Jpia . ♦ +..r taw. yy il.. _,a0; _!�Z.l A e� L ... `fit.. a xw.pn--qvr t0•4 03- 117 ttrtn L MN, etsatr aur � weer OGM tr DUM P2CC L D.A. 17TWrr IT LY .,_Podt n soutqu3rd ATOnt lost Laaderdals. novi"ariea SSsaO +w %r adonaw•aa.4sRQ�4',i' 8! ifN FES 03 W43 asrtss MM P.A, k"WE AT UT 17 slsise Picchi, =e9• OpGi7fCQ CL M S.S3 , went tort• aunt ¢;wtt• a--_ +><t O r.Yu Mtrsw• aw "Not"" p" 91+0o1,00saou . 1'rwl[:L NIY n,leJlat 144 Ma Atr l}aattr.e raasac .ss M of ,w oam V ato tole QttR•Qittat Oak. met" tAta l do or . A.D. t1 t! UVIA 11CM, a a11M2a woman. 1211 ioutbeast !rd Mr., PDAA+ so t If dllo, =iorida !! N rim71MIU i>Z W &M Q3AP09ATI0P, a 72erids eor asstton, s Wd dw - II it 11102 Itoceset teat, 900[ Let". IL ssou ORWA pt q �!f'1M?tit� list W aafd jtN! lvtlr, J� ead t+ eaiitatits d ue alt iii .. 00 OG • taladpebrontKtrtrlMd�tr�Wnrf{Pt ml�i�irip•dn�{I�cddrw jrieNK er[ pn•trkraatnlestittrladPstO►J1•w•tr•, a8/rrtpY,IMaiak++a4eYiw�tntdbrlli+}iiettJmptt,pyt left ins 614ar! a OdAbot &&POW lab p(M K/MM rk4tri wa 44 rad hms 4 At �7 d Raz, 31m v ?'t=m Loss 3d, 27, Yd, n! !P, nod 30, and e ha 90.40 feet of Lots 1, 2 S. aad 4, all 1n lloek 17 of MLI? nAA P&M. aeaardiat to the Plat tbersof as recorded M Platbook 9 at Pap 99 of the Pablla laearMt of Dada tbuaty, 119214; -AND- Rha awth 20 is•t, ism The rias: ! toot of Lot 90 is Stock 17 of VM RAZZ PI<!t, a.e09rL11}aa To tba IIIA tlereo! as re0ersed to Pidt- twok a at Pana 90 or the vublie aeeards at b"t Coury. Ptorldat t .30 adtatary consideration h" ■w-hawd h&MWAberelora. This Mad to rate a trssafes of 191119 any. Os f?9t IL3li!D llb New tydw riM aiae�f�it+-+4taMNen ttrnsaroiiwlpeQ Kotnl*x asisllllitlAata*1%R .hir fee.PidasiahiwareYaa+►tfliltrtrai[ .f'" reel, lOt•► of (If K quit M tlY silly p " tlI,11 f tried idptilfk MFi Maud portr is em" js UMAS Wkise t. 7ttr aoUftst per* Aa Mool vol ud d Soo p tic w t'r_ dtryeW ytvr.&w d4w hale. as ,rrtrairVz— atittlrr ---�— aLlt' ---- •'ss~nw�'ra' t ,• IMIAR[ �A1, ; � �M, � ilei s1� dh•ati . � ' • r;�t..... _..... _ a 4 fr;'rrMliA�i!!D{3 > u,,.boat,.�rww.iw.Lt•.....a.�T.•ia`•.ratn+s � � �'�R�ffT01,-L�aLl�i��j'�. _ _ �i.MMa,4 •rlh'..w4rtrlNa•.rs 1,..•r•rt.w.J 1 LACM PSCCLI •-�..1•r..�.MIL1.w�.,,i.wMli�•M�}HaY!a1/W�Mf�/l7FR �M�•Y ..i4Jwio.. •.� ei10 Q..1,..... lar t.w,r.a._�-M. Ki.t.tnr.da•.w .au ,h•..a ileis�a41 rs"ye r, �.i�t~j�•,yr..T.ti %'/'If! 47 .raar.w4ltrir- •+••w.+ ••••• "L±i��lt���i '�� Ya wM,ll►/ rtrw�'1,�/, I..w,.id.i).Jpia . ♦ +..r taw. yy il.. _,a0; _!�Z.l A e� L ... `fit.. a xw.pn--qvr t0•4 03- 117 This instrument was prepared by: Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 r--Z-)a record item a -i?- on Priscilla A. 1 int i iry;rtra; i City Clerk (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this 13th day of January, 2003, by Sime Corp., and Florida Union Land Corp., Florida corporations (hereinafter referred to as the "Owners"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida (hereinafter referred to as the "CITY") WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Resolution , for the property located at and being legally described as: (See attached exhibit "A") WHEREAS, on January 23, 2003 the City Commission approved the rezoning of the Property to C-1; 03- 117 Submitted Into the uU`110 record in item�_e#v is o3 I rIJcilia P$- .. y... a.Y c.r'. 1 WHEREAS, the Owners are desirous of making a binding commitment to assureCi'Y Clerk that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owners voluntarily covenant and agree 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 Owners of the Property, and their heirs, successors and assigns as follows: Section 1. 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. Section 2. The Owners hereby make the following voluntary declarations running with the land concerning the use of the Property: A. That the billboard sign located on the Property shall be removed prior to the issuance of a building permit for a new retail use on the Property. The Owners voluntarily waive any and all rights under the Bert J. Harris Act in relation to the billboard sign. B. That a minimum 20 -foot landscaped buffer shall be provided along the western boundary line of the Property. C. That an 8 -foot high masonry wall shall be constructed along the western property line setback 15 feet from the base building line, subject to review and approval from the City of Miami Department of Planning and Zoning. D. The undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, shall be recorded in the 03- 117 record i i (;C; � KY(I lg�2 •/� Cir' PC'fsCili� Public Records of Miami -Dade County, and shall remain in full force and effect and be binding upon the undersigned, their heirs and assigned until such time as the same may be released in writing by the City of Miami Zoning Board or City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner or his/her designated representative. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future owners of the Property and shall be for the public welfare. Section 5. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Zoning Board or City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami's Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City or by any property owner within 500 feet of the Property by action in law or in equity against any party or person violating or attempting to violate any 03- 117 covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner. Submitted Into the public record in connection wn item Pz -0- on �tAs o3 —Priscilla A. Thrp=-s0 { City Clerk 03- 117 Submitted l nto t ,,- pubs is record in conn ..t' item Pi on -v os ACKNOWLEDGMENT Priscilla A. Thompson CORPORATION City Clea Signed, witnessed, executed and acknowledged on this day of 2002. Witnesses: Signature Sime Corp. Address: Print Name Signature Print Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by , the of Sime Corp., on behalf of the corporation. He/She is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of , 2003, in the County and State aforesaid. My Commission Expires: Notary Public State of Print Name 03- 117 ACKNOWLEDGMENT CORPORATION Signed, witnessed, executed and acknowledged on this 2002. Witnesses: Signature Print Name Signature Print Name STATE OF COUNTY OF Subnlittea record in conOrt�s'' �'3 item f'?�li on Priscilla A. Thompson City Clerk Florida Union Land Corp. Address: day of The foregoing instrument was acknowledged before me by the of Florida Union Land Corp., on behalf of the corporation. He/She is ❑ personally known to me or ❑ has produced as identification. Witness my signature and official seal this day of 2003, in the County and State aforesaid. My Commission Expires: Notary Public State of Print Name 03- 117 EXHIBIT SU1'J pit.„Gd R record in ccnr�:..' , k ,, , ,. item Priscilla A. T 0 x,P ��r1 City Clerk LEGAL DESCRIPTION: ALL OF LOTS 2,3,4,5 AND 6, TOGETHER WITH A PORTION OF LOTS 1,7,23,24,25,26,27,28,29 AND 30, BLOCK 17 OF "WEST FLAGLER PARK” ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 96 OF THE PUBLIC RECORDS. OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE WEST LINE OF SAID BLOCK 17, SAID POINT LYING 20.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 7; THENCE NORTH 00'01'02" WEST ALONG SAID WEST LINE 235.79 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 36'30'27" AN ARC DISTANCE OF 15.93 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 7TH STREET; THENCE NORTH 89'37'19" EAST 168.75 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUSOF 50.00 FEET THROUGH A CENTRAL ANGLE OF 90'22'42" AN ARC DISTANCE OF 78.87 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 57TH AVENUE AND ' THE POINT OF TANGENCY; THENCE SOUTH 00'00'01" EAST ALONG SAID WEST RIGHT-OF-WAY LINE 240.89 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 23; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE 101.96 FEET TO THE WEST LINE OF . SAID LOT 23. ;THENCE NORTH 00'00'32" WEST ALONG SAID WEST LINE OF LOT 23 AND ALONG THE WEST LINE OF SAID LOT 24 FOR 40.00 FEET TO THE INTERSECTION i WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 7; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE OF THE NpRTH 20.00 FEET OF LOT 7 FOR 121.96 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 59,704 SQUARE FEET (1.3706 ACRES). 03- 117