HomeMy WebLinkAboutM-00-0463J-00-3
5/3/00
ORDINANCE NO.
ORDINANCE OF THE MIAMI CITY COMMISSION
NDING THE FUTURE LAND USE MAP OF THE
CO REHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE AND USE DESIGNATION OF THE PROPERTIES
LOCAT AT APPROXIMATELY 5100 AND 5110-5112
NORTHW T 1ST STREET AND 40 NORTHWEST 51
AVENUE, MIAMI, FLORIDA, FROM "DUPLEX
RESIDENT L" TO "MEDIUM DENSITY MULTIFAMILY
RESIDENTI MAKING FINDINGS; DIRECTING
TRANSMITTA TO AFFECTED AGENCIES;
CONTAINING REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DAT
WHEREAS, the Planning\ Advisory Board, at its meeting of
April 12, 2000, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 18-0 by a vote of four to two (4-2),
RECOMMENDING DENIAL of an amendme
Ordinance No. 10544, as ame
to the Future Land Use Map of
the Miami Comprehensive
Neighborhood Plan 1989-2000, as hereinaXter set forth; and
WHEREAS, the City Commission, after Xareful consideration of
this matter, and notwithstanding the deci\it
the Planning
Advisory Board, deems it advisable and in interest of
the general welfare of the City of Miami ahabitants to
grant this Comprehensive Plan change as heret forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF 'RHE CITY
OF MIAMI, FLORIDA:
1Der11C-d V10"I
r Z- - q
Section 1. The recitals and findings contained in the
P amble to this Ordinance are hereby adopted by reference
ther to and incorporated herein as if fully set forth in this
Section.
Secti n 2. The Future Land Use Map of Ordinance
No. 10544, a amended, the Miami Comprehensive Neighborhood Plan
1989-2000, is reby amended by changing the land use designation
from "Duplex R idential" to "Medium Density Multifamily
Residential" for the properties located at approximately 5100 and'
5110-5112 Northwest St Street and 40 Northwest 51St Avenue,
Miami, Florida, more p ticularly described in Exhibit "A,"
attached and incorporated h ein'by reference.
Section 3. It is he by found that this. Comprehensive
Plan designation change:
(a) is necessary due to chan d or changing conditions;
(b) involves a residential lan use of 10 acres or less and
a density of less than 10 u 'ts per acre or involves
other land use categories, sing arly or in combination
with residential use, of 10 acres less and does not,
in combination with other changes dur'ng the last year,
produce a cumulative effect of having c anged more than
60 acres through the use of "Small Scale development"
procedures;
(c) is one which involves property that has not en the
specific. subject of a Comprehensive Plan change within
the prior twelve months;
1rY>�4'►� Ori
Page 2 of 4
(d) is one which does not involve the same owner's property
W
ithin 200 feet of property that has been granted a
omprehensive Plan change within the prior twelve
mo hs;
(e) does\fora
a text change to goals, policies, and
objeche local government's comprehensive
plan,s a land use change to the future land
use me -specific development; and
(f) is onof located within an area of critical
state concern.
Section 4. The City anager is hereby directed to
instruct the Director of the P1 ning and Zoning Department to
immediately transmit a certified c y of this Ordinance and the
public notice published upon first r ding and again after its
adoption on second reading to: the Secre ary, Florida Department
of Community Affairs; the Executive Di ctor, South Florida
Regional Planning Council, Hollywood, Flo 'da; the Executive
Director, South Florida Water Management Dis rict, West Palm
Beach, Florida; the Secretary, Department of ransportation,
Tallahassee, Florida; and the Executive Director, epartment of
Environmental Protection, Tallahassee, Florida.
Section 5. All ordinances or parts of ordinance insofar
as they are inconsistent or in conflict with the provis ns of
this Ordinance are hereby repealed.
Section 6. If any section, part of section, paragra h,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Page 3 of 4 #� Aga
ZJ
U
Sect
'on 7. This Ordinance shall become effective thirty-
one (31) da after second reading and adoption thereof pursuant
and subject to 163.3187 (3) (c) , Fla. Stat. (1999).'/
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
May , 2000.
PASSED AND ADOPTED ON SI&COND AND FINAL READING BY TITLE ONLY
this day of
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROV AQ/ TO
/ ./
7_1�TTORNEY
773:GMM: eij
2000.
CORRECTNESS
JOE CAROLLO, MAYOR
�i This Ordinance shall become effective as specified herein unless ve ed
by the Mayor within ten days from the date it was passed and adopt
If the Mayor vetoes this Ordinance, it shall become effecti e
immediately upon override of the veto by the City Commission or upon
the effective date stated herein, whichever is later.
l�C,- I;C-cl b-1 lryncrh C
Page 4 of 4 -- c
1. Legal
Lots 1,2,3 & 4,
the Public Records of r
® Exhibit "A" 0
DISCLOSURE OF OWNERSHIP
and street address of subject real property:
1, J.C. Subdivision, according to the Plat thereof as recorded in Plat Book 154 at Page 92 of
?ade County, Florida.
Lot 1: 5110-5112 NW " Street
Lot 2: 5100 NW 1" Stree
Lot 3: Vacant: Approximat 40 N.W. 51" Avenue
Lot 4: 40 NW 51" Avenue
2. Owner(s) of subject real property an rcentage of ownership. Note: Section 2-618 of the Code of the City of Miami
requires disclosure of all parties hav' a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the Ci mmission. Accordingly, question #2 requires disclosure of shareholders
of corporations, beneficiaries of trusts, or any other interested parties, together with their addresses and
proportionate interest.
CARLOS M. HERNANDEZ 100%
3. Legal description and street address of any real property owned by any party listed in answer to question #2, and
(b) located within 375 feet of the subject real property. N'A
i
Owner or
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of 1 Z 2000, by CARLOS
M. H E RN A N D E Z o f _ � a
corporation, on behalf of the co ratio (he is impersonally
known to me or o has produced as identification and who 1d id not take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
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G_ Y W COM IS M I CCU2M W=
August 11, 2003
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FIRST READING
APPLICANT
HEARING DATE
REQUEST/LOCA
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING FACT:SHEET
Mr. Carlos M. Hernandez.
April 12, 2000.
Amendment to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan Map.
Complete legal description on file at the Hearing Boards Office.
onsideration of amending Ordinance 10544, as amended, the
mi Comprehensive Neighborhood Plan 1989-2000 (MCNP) by
am ding the Future Land Use Map by changing the land use
desig ation for the properties located at approximately 5100,
5110- 12 NW 1s' Street and 40 NW 51s' Avenue from "Duplex
Residen I" to "Medium Density Multifamily Residential".
Denial.
Please see
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER
Denial
N/A
99-049
4-2
Item #1
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
. .W ~
Date: 4/5/00 � , Page 1
•
•
ANALYSIS FOR LAND USE CHANGE REQUEST
Apprimately 5100,5110-5112 NW 1St Street and 40 NW 51s'
Avenue.
Application No. 99-18.
DISCUSSION
The proposal has been revie ed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhoo Plan 1989-2000 from "Duplex Residential" to "Medium
Density Multifamily Residenti ". The subject property consists of a 0.84 acre parcel:
Lots 1, 2, 3 and 4 in Block 1 J. C. DIVISION (154 - 92).
Miami Comprehensive Neighborhood an (MCNP) Land Use Policy 1.6.1., established
future land use categories according the Future Land Use Plan Map and the
"Interpretation of the Future Land Use Map". The subject property is currently
designated "Duplex Residential"; and the s e designation east, west and north; to the
south, the area is designated "Medium Density ultifamily Residential".
The Duplex Residential land use category allo residential structure of up to two
dwelling units each to a maximum density of 18 dwm units per acre, subject to the
detailed provisions of the applicable land developmen egulations and the maintenance
of required levels of service. Other permissible land es include community-based
residential facilities (14 clients or less, not including g; alcohol or correctional
rehabilitation facilities); places of worship, child care center and adult day care centers
and primary and secondary schools are also permissible ins ble locations within this
land use designation.
The Medium Density Multifamily Residential land use catego allows residential
structure of up to a maximum density of 65 dwelling units per are, subject to the
detailed provisions of the applicable land development regulations an\schools
intenance
of required levels of service. Supporting services such as community-esidential
facilities (14 clients or less, not including drug, alcohol or correctibilitation
facilities) will be allowed pursuant to applicable state law, communitesidential
facilities (15-50) clients and day care for children and adults may ssible in
suitable locations. Permissible uses within medium density multifamily clude
commercial activities that intend to serve the retailing and persons the
building or building complex; places of worship, and primary and sec000ls and
accessory post -secondary educational facilities are also permissible in suitable locations
within this land use designation.
m��
e Planning and Zoning Department is recommending DENIAL of the application
asesented based on the following findings:
• It is Nind that a similar petition.was presented to the Planning Advisory Board in
May of I ,7.
• It is found that'llkis petition as presented, will generate commercial traffic on 51
Avenue which is aNgtrusion into the residential neighborhood.
• It is found that the reque ed change to "Medium Density Multifamily Residential"
will not be a logical extensN and will be potentially detrimental and incompatible
with the duplex residential scal f the neighborhood.
• It is found that a change such as the
Policy 1.1.3. which requires that all
of incompatible land uses.
►osed is in conflict with MCNP Land Use
the City be protected from encroachment
• It is found that the requested change is also inco ict with MCNP Housing Policies
1.1.5. and 1.2.7. which require the City to pre a and enhance the general
appearance and character of the City's neighborhood.
These findings support the position that the existing land use path m this neighborhood
should not be changed. \
It also should be stated, that whereas MCNP Land Use Policy .1.1. requires
development or redevelopment, that results in an increase in density or int ity of land
use, to be contingent upon availability of public facilities and services that Mee r exceed
the minimum LOS standards adopted in the Capital Improvement Element (CI (CIE
Policy 1.2.3.). It is found that the attached Concurrency Management Analysis pe g
to concurrency demonstrates that no levels of service would be reduced below minimum
levels.
2
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No. 18 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 12/08/99 WITHIN A TRANSPORTATION CORRIDOR
"AMENDMENT INFORMATION I CONCURRENCY ANALYSIS i
Applicant: Carlos M. He dez
Address: Approx. 40 N.W. ve.
RECREATION AND OPEN SPACE
Population Increment, Residents
Space Requirement, acres
68
0.09
Boundary Streets: North: NW East: NW
51 Ave.
Excess Capacity Before Change
182.80
South: West:
Excess Capacity After Change
182.71
Proposed Change: From: Duplex Re ' ntial
Concurrency Checkoff
OK
To: Medium Dens Multifamily Residential
Existing Designation, Maximum Land Use tensity
POTABLE WATER TRANSMISSION
Residentia! 0.56 acres C 18 /acre
10 DU's
Population Increment, Residers
68
Peak Hour Person -Trip Generation, Residen 1
14
Transmission Requirement, gpd
15,152
Other 0 sq.ft.Q 0 FAR
0 sq.ft.
Excess Capacity Before Change
>2% above demand
Peak Hour Person -Trip Generation, Other
0
Excess Capacity After Change
>2% above demand
Concurrency Checkoff
OK
Proposed Designation, Maximum Land Use Intensity
Residential 0.56 acres @ 65 DU/acre
36. DU`s
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential
Population Increment, Residents
68
Other 0 sq.fL@ 0 FAR
sq.ft.
Transmission Requirement, gpd
12,514
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
68
Dwelling Units
26
STORM SEWER CAPACITY
Peak Hour Person -Trips
20
Exfiltration System Before Change
On-site
Exfifration System After Change
On-site
Planning District
Fiagami
oncurrency Checkoff
OK
County Wastewater Collection Zone
306
!
Drainage Subcatchment Basin.
M1
f SOLI ASTE COLLECTION
Solid Waste Collection Route
28
I Popula Increment. Residents
68
Transportation Corridor Name
Flagler
So!id Was Generation, tormlyear
87
Excess Cap " y Before Change
500
RELEVANT MCNP GOALS, OBJECTIVES,
AND POLICIES
Excess Capa After Change
413
Concurrency C off
OK
Land Use Policy 1.1.1
CIE Policy"1.2.3
TRAFFIC CIRCULATI
Population Increment, R dents
68
Peak -Hour Person -Trip Gen ion
20
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 Department (WASA).
Excess capacity, K any, is currently not known
CM -1 -IN 03/1
ASSUMPTIONS AND COMMENTS
Population intxanunt is su:urnad to be all new Peak-petod �p
generation is based on ITE Trip Generation, 5th E ' 1.4 ppv ever
amupar-Y for wtvate p.ssenper vehldea. Transportatlbn copadtias and
LOS we from Table PT-2(Rt). Transportation Corridors report.
Potable wader and wsetaw�ater rraromieslon copadtiss are n with
Metro-Dode County stated eapecitles and era assunrod ea Service
connections to water and sewer mains aro assumed to be of adequate : 11 not.
new connectma are to be installed at ow rWa expense.
ReasOwn/Opan Spas awsapa requirements as assumed wdh proposed
rrianpe made.
17ci'1e>Co b o-'
M
A RESOLUTION V,,ECOMMENE
AMEND ORDIN E 10544,
COMPREHENSIVE IGHBOI
FUTURE LAND USE MAP
DESIGNATION FOR THE OF
5100 AND 5110-5112 NW 1 S'
"DUPLEX RESIDENTIAL"
RESIDENTIAL".
HEARING DATE:
ITEM NO. 1
VOTE: 4-2
April 12, 2000
ON PAB -18-00
'G DENIAL OF A CONSIDERATION TO
S AMENDED, THE CITY OF MIAMI
DOD PLAN, BY AMENDING THE
BY CHANGING THE LAND USE
tTIES LOCATED AT APPROXIMATELY
.EET AND 40 NW 51ST AVENUE FROM
"MEDIUM DENSITY MULTIFAMILY
ATTEST:
Aria Gelab9#'4anchez, Director
Planning and Zoning Department
"O'Dcv-s-, twco vo.,
rr• 0 -r -i c-►
C'N
60- i6i
CITY OF MIAMI /
OFFICE OF HEARING BOARDS
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN �
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SECTION 2-653 OF THE CO OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES ANY PERSON
WHO RECEIVES CO;ST
NS TION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO
REGISTER AS A LOTH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY
STAFF, BOARDS, CO THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE
OFFICE OF THE CITYRK CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
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NOTE: THIS APPLICAON MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
Section 62-32 of the Code of the City of Miami, eriodic review of the adopted comprehensive plan and adoption of evaluation and
appraisal report reads as follows:
(a) Periodically, but not less often than onN in five years or more often than once in two years, the comprehensive
plan shall be reviewed, evaluated and appraised the planning advisory board to determine whether changes in the
amount, land or direction of development and gro\tlhto
city or area thereof, or other reasons, make it necessary or
beneficial to make additions or amendments to rehensive plan. The building and zoning department shall
prepare an evaluation and appraisal report for the dvisory board which shall evaluate the comprehensive plan
pertaining to the major problems of development,'oration and the location of land uses and the social and
economic effects of such uses; the status ofnt of the comprehensive plan; the objectives of the
comprehensive plan compared to actual results to which unanticipated and unforeseen problems and
opportunities occurred; all as compared between tado 'on and the date of the report. The report shall suggest
that changes needed to update the comprehensivluding formulated objectives, policies and standards.
(b) The planning advisory board may recommend the report as pted, modify the report or reject the report in
duty noticed public hearing pursuant to the procedures in Section 62-3
(c) The city commission shall adopt, or adopt with changes, the report bkportions thereof by resolution in public
hearing within 90 days after the planning advisory board date of recommendati . The city commission shall thereafter
amend the comprehensive plan based on the recommendation in the evaluation d appraisal report. Adoption of the
report and recommended amendments to the plan may be made simultaneousl ursuant to section 62-31 or if not
simultaneous, the evaluation and appraisal report shall contain a schedule for adoptio f the recommended amendments
within one year.
See also Article 22 of the Zoning Ordinance.
Fee of $301250 to apply toward the cost of processing, according to Section 62-156 of the 2%&g Ordinance:
Conservation, recreation, residential single-family duplex .................X450.00
.00
Residential medium density multifamily ....................
Residential high density multifamily, office,
major public facilities, transportation/utilities ............................00
Commercial/restricted, commercial/general and industrial ................... $
Commercial (CBD) ................................................. 51,200.00
Surcharge for adverting each item .......................... ......... $1,200.00
'DN4A,.`�l
1
This petition\Buil
( )
( )
( ) Zonin
(X) Other
® i
Public hearing mail notice fees, including cost of
handling and mailing per notice ..:.................................... S. 3.50
I
d by:
and Zoning Department
oard
base specify): CARLOS M. HERNANDEZ
The subject property is IOCated LOT 1: S 110 - 5112 NW 1 • Sttcet L.OT 2: S10p» jA $}rgr}� 1.[1T a VArAn}: �nnm.rnnA}'►Y 40 N 7.
t t A • ....�..�. i AT A. AA 1tt1► ! T
• � r' •�iFilil+jGAfU�F�I.'�I�xI�AIiU:
s• ��DID
I ..
Block(s),Z
Subdivision
County, Flc
The undersigned being the owner or the representative
the City of Miami for the following amendment(s) to the
indicated in the Land Use Plan:
FROM: DuvlexResidential
TO:
, of the subject property do(es) respectfully request the approval of
prehensive Neighborhood Plan for the above-described property as
Please supply a statement indicating why you think the existing plan designation is i
Please supply a statement justifying your request to change the plan to your requested pian
What is the acreage of the property being requested for a change in plan designation?
e -d 100-1 ry-%&h G•1
•
OF FLORIDA
Y OF NUANII-DARE
•
foregoing instrument was acknowledged before me this day of 6;d"w,- , 2000, by
HERNANDEZ who is r3✓personally kno o me or who has produceK ❑ produced
as identification and whodid not) take an oath.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknovu
who
as ide
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
Name:
Notary Publi21017,
e of s
Commission �: � MrcoM �� WMEs
My Commission Exp' �P�EDIi�!l1ROYIt, 2M
uM ac
ed before me this day of , 19 , by
E3 personally known to me or who has produced ❑ produced
bion and who did (did not) take an oath.
Name:
My
Public -State of Florida
ssion No.:
Expires:
The foregoing instrument was acknowledged before me this day
who is o personally known to me or
as identification and who did (did not) take an
::0DMA\MH0DMA1MiAm;230112;1
, 19 , by
has produced o produced
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
cot b-1
U��
Has the desi atioi
Do you own any of
a change in plan de
Have you made a
Administration Dei
of this property been changed in the last year? No
roperty within 200 feet of the subject property? No . If yes, has this other property been grantee
ign ' n within the last twelve months?, No
for a change of zoning for the subject property with the Planning and Zoning
Have you filed with the Planning and Boards Administration Department: Affidavit of ownership? Yes
List of owners of property within 375 feet of subject property? _ Yes Disclosure of ownership
Yes . If not, pl ly them.
i
signatuwl
e Carlos M.1rIernandez
Address id
Telephone
Date Z
STATE OF RIDA }
} SS
COUNTY OF MI ADE }
Before me, the un ign
who being by me first duly swo
1. That he/she is the
•
A F F I D A V I T
authority, this day personally appeared CAUOS M. BERNANDEZ,
pon oath, deposes and says:
rn or the legal representative of the owner, submitting the accompanying application
for a public hearing as required by the Zoni Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on pages attached to this affidavit and made a part thereof.
2. That all owners which he/she rep 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
petition.
or regulation of zoning as set out in the accompanying
3. That the pages attached hereto and made a part of this�fl
telephone numbers and legal descriptions for the real property of which
4. . The facts as represented in the application and documents
true and correct.
Further Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
contain the current names, mailing addresses,
D is the owner or legal representative.
initted in conjunction with this affidavit are
The fore oing instrument was acknowledged before me this 3�-day of
HERN EZ 1 She is Vpersonally known to me or D has produced
wh did not) take an oath.
::0DMA\MH0DMA\MiAw;224870;1
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
2000, by CARLOS
identification and
WancV Stoppard
W COA oN # CC86226Y A II M
August 11, 2003
�OIDEO11Ml!l1lOYilIINNIBIAAlID�M�i � � ,
OWNEWS LIST
Owner's N CARLOS M HERNANDEZ
Mailing Address 5555 S.W. 223a Street Miami, FL Zip Code 33155
Telephone Number
Legal Description: Lots
Book 154 at Page 92 of the P
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
& 4, J.C. Subdivision, according to the Plat thereof as recorded in Plat
records of Miami -Dade County, Florida
Zip Code
Zip Code
Any other real estate property owned individually, jointly, or severally (by corporation, artnership or
privately) with 375 feet of the subject site is listed as follows:
Street Address Legal Description
::ODMAIMHODMA\MMM;23014.1;1
DISCLOSURE OF OWNERSHIP
1. Legal descriptikand street address of subject real property:
Lots 1,2,3 & 4, Bloc\�oun
sion, according to the Plat thereof as recorded in Plat Book 154 at Page 92 of
the Public Records of Miamlorida.
Lot 1: 5114-5112 Lot2: 5100NW1Lot 3: Vacant: Ap.W. 51" Avenue
.Lot4: 40NW51'
2. Owner(s) of subject real property andtags of ownership. Note: Section 2-618 of the Code of the City of Miami
requires disclosure of all parties having sial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City., fission. Accordingly, question #2 requires disclosure of shareholders
of corporations, beneficiaries of trusts, an any other interested parties, together with their addresses and
proportionate interest.
CARLOS M. HERNANDEZ 1000/0
3. Legal description and street address of any real property (a) weed by any party listed in answer to question #2, and
(b) located within 375 feet of the subject real property. N�A
'Owner or ARknev for,6twner
STATE OF FLORIDA
COUNTY OF MIAMI -DADS 2
The foregoing instrument was acknowledged before me this •7 day of r t 2000, by CARLOS
M . HERNANDEZ ofa
corporation, on behalf of the co ratio he is personally
known to me or 0 has produced as identification and who idid not a an oath.
::0DMAWH0DMAgA1AW:230114;1
Name:
Notary Public -State of Florida 7
Commission No.:'�
My Commission Expires:
W*n* SMpperd
W COM M a OCt62Si E70�1lES
August 11, 2003
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This%W7.
, made this 1n day of Apr/ im , $etWMU ANfTA HAWKINS HARRIS AIVA ANITA H.
HARRIWTA t4UEROA, A Sin91' WetttOn of 69 Coutay of OADE . State of Florida . jrantor•. amcCARLOOE2.Afh9i0Man wttose Past4Mc;ceddn=is8355SW22STREftT. MIAMI. FL33ISSer
the CotSteer of FlerfAa . Rttaae•, acrd
Witnessetb Ost _ sta000z. far eat in eoatddestmm of as tum of Toa ..................... ................. .........
Dollars. ad-odhm..4oed winabte oeaewmam to Said vmmr m hum pod by acid anamc. dw tttcsi % whereof is rtcre&y
acimowled;ed, has Fa md. sold m the said p;aOme, and arumm's bum acrd asat�t tortva. ft follOWW described lard.
stator. iyfot and being is D E Comm. Fioada, to-vit
THE LOT I AND S 112 OP LOT 2 OF FfVE HULL STREET. BUILMING LOTS ACCOR�iNG
TO THE PLAT .RECORDED IN PLAT BOOK 13 PAGE 65 OF THE PUBLIC RECORDS
OF DADE COUNTY. A.
SUIUSCT TO:
(a) Taxes for the year 1999 and yams. (b) Canditicim, r Mt9 iM. lwatatiotn, and easeatents
of record, if any, aid appliaMe mad buddies otdiasaccs.
and said staamr dose has" !illy wartaIn the to said la d. !tad will def®d ft same 'Kmart tic I WtW eiam of all
yetmom whom! waver.
°'Grantor' Ped '�aiar' an
wed der or }ttaeal, w Comm regaiws.
STATE OF FLORIDA
COUNTY OF DADE
bad acrd seal dw day and year !Stat above wnmm.
The bngc* iastrtmtets Tres admowtedSed Ie1 1- ate din 144t day of Apd. N,017, by ANITA HAWKINS
HARRI$ AAUA AWfrA H. HARRIS AIKIA ANITA RGUER*A. A 1110410 WantAn, yenandly know to me
or who bow produced a griwar'a UesxO as idasd11eaoos mad did egos an crab.
WFUZIAL
P.1�NE7H t�lT1S?w
N AIM rttrt•tc crus C!'
m octr�et
AtYaAMtM46tpp! txF. CCT. Jvw
PAY Casaminioa Eepitaa:
wins tssioo Z. ( ( C ti'ge1' t'a
Saw of Plotida at LAW regm
This instruniient was prepared by:
Santiago D. Echemendia, Esq.
Tew Cardenas Rebak Kellogg
Lehman DeMaria & Tague, L.L.P.
Address:
201 S. Biscayne Blvd., Suite 2600
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIONS
WHEREAS, the undersigned Owner holds the fee simple title to the land in Miami -Dade County,
Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property," which is
supported by the attorney's opinion attached as Exhibit `B," and
IN ORDER TO ASSURE the City of Miami that the representations made by the owner during
consideration of Application No. 99-18 will be abided by, the Owner freely, voluntarily and without
duress makes the following declaration of Restrictions covering and running with the Property:
(1) That Lots 1 and 2 shall be limited to duplex dwelling.
(2) That Lot 4 shall be limited to no more than 20 multifamily dwelling units and no more than
3 stories in height.
(3) That Lot 3 shall be limited to no more than 6 multifamily dwelling units and no more than
2 stories in height.
(4) That Owner will construct a six (6) foot CBS wall on the West side of the Property for the
length of Lot 4.
(5) That Owner shall provide a landscape buffer along the East side of the Property for length
of Lot 4.
City Inspection. As further part of this Declaration, it is hereby understood and agreed that
any official inspector of the City, or its agents duly authorized, may have the privilege at any
time during normal working hours of entering and inspecting the use of the premises to
determine whether or not the requirements of the building and zoning regulations and the
conditions herein agreed to are being complied with.
Covenant Running with the Land. This Declaration on the part of the Owner shall
constitute a covenant running with the land and may be recorded, at Owner's expense, in the
public records of Miami -Dade County, Florida and shall remain in full force and effect and
20646.004 MHODMA.Miami;238644;1
Pt',vt•17shr:
rd In �co'n8`decgopo wti 9'e
.�. On �� O
agy
be binding upon the undersigned Owner, and their heirs, successors and assigns until such
time as the same is modified or released. These restrictions during their lifetime shall be for
the benefit of, and limitation upon, all present and future owners of the real property and for
the public welfare.
Term. This Declaration is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years from the date this Declaration is
recorded after which time it shall be extended automatically for successive periods of ten
(10) years each, unless an instrument signed by the, then; owner(s) of the Property has been
recorded agreeing to change the covenant in whole, or in part, provided that the Declaration
has first been modified or released by City.
Modification, Amendment Release. This Declaration of Restrictions may be modified,
amended or released as to the land herein described, or any portion thereof, by a written
instrument executed by the, then, owner(s) of all of the Property, including joinders of all
mortgagees, if any, provided that the same is also approved by the City Commission of the
City of Miami, Florida, whichever by law has jurisdiction over such matters, after public
hearing.
Should this Declaration of Restrictions be so modified, amended or released, the Director of
the City of Miami Department of Planning and Zoning, or the executive officer of the
successor of such Department, or in the absence of such director or executive officer by his
assistant in charge of the office in his absence, shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment or release.
Enforcement. Enforcement shall be by action against any parties or person violating, or
attempting to violate, any covenants. The prevailing party in any action or suit pertaining
to or arising out of this. declaration shall be entitled to recover, in addition to costs and
disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the
services of his attorney. This enforcement provision shall be in addition to any other
remedies available at law, in equity or both.
Authorization for the City of Miami to Withhold Permits and Inspections. In the event
the terms of this Declaration are not being complied with, in addition to any other remedies
available, the City is hereby authorized to withhold any further permits, and refuse to make
any inspections or grant any approvals, until such time as this declaration is complied with.
Election of Remedies. All rights, remedies and privileges granted 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.
Presumption of Com lian . Where construction has occurred on the Property or any
portion thereof, pursuant to a lawful permit issued by the City, and inspections made and
approval of occupancy given by the City, then such construction, inspection and approval
20646.004 MHODMA.Miami;238644;1 Submitted into the public
> n b G� record in connection with
"� item K—/ on ��—
Walter Foeman
City Clerk
shall create a rebuttable presumption that the buildings or structures thus constructed comply
with the intent and spirit of this Declaration.
Severability. Invalidation of any one of these covenants, by judgment of Court, shall not
affect any of the other provisions which shall remain in full force and effect.
Recordin . This Declaration shall be filed of record in the public records of Miami -Dade
County, Florida at the cost to the Owner following the adoption by the City Commission of
the City of Miami of an ordinance approving the application.
Signed, witnessed, executed and acknowledged this day of May, 2000.
Witness Carlos Hernandez
Printed Name:
Miami, FL 33156
Witness
Printed Name:
State of Florida )
County of Miami -Dade )
I, an office authorized to take acknowledgments, according to the law and duly
qualified and so acting, do hereby certify that on this day of May, 2000, appeared
before me Carlos Hernandez, to me known to be the persons described in and who executed
the foregoing instrument and they acknowledged to me the execution thereof to be of their
free act and deed for the uses and purposes therein mentioned.
Witness my signature and office seal this day of May, 2000, in the County
of Miami -Dade, State of Florida.
My Commission Expires:
Notary Public
Printed Name
20646.004 MH0DMA.Miami;238644;1
Submitted into the public
recorS,in. 'connecttiop with
item on
Walter Foeman
City Clerk
Lots 1, 2, 3, 4, Block 1, J.C. Subdivision, according to the Plat thereof as recorded in Plat Book 154
at Page 92 of the Public Records of Miami -Dade County, Florida.
Submitted into the public
in connetion wilt
record-' cO
-1 on
Walter Foeman
fir" � city C1erk
Ilk
Submitted into the public
record in connection with
heart on
Walter Foeman
City Clerk
OPINION OF TITLE
To: CITY OF MIAMI, a municipal corporation
•
With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI,
FLORIDA in compliance with Section 55-8 of the Miami City Code and as an inducement for
acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is
hereby certified that we have examined the public records for the period beginning on the
commencement date of records maintained by Attorney's Titl' Insurance Fund, Inc., Title Information
Display System (November 15, 1976) to May 16, 2000 at 11:00 p.m., inclusive, of the following
described real property:
Lots 1, 2, 3 and 4, Block 1, J.C. SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 154, at Page 92, of the Public Records of Miami -Dade
County, Florida.
Basing our opinion on said complete abstract covering said period we are of the opinion that on
the last mentioned date the fee simple title to the above-described real property was vested in:
CARLOS M. HERNANDEZ
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
All taxes for the year in which this opinion is rendered and subsequent years.
2. Rights of parties -in -possession other than the above owner.
3. Facts that would be disclosed by an accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS:
Listing should include, but not be limited to, such exceptions as:
6. Mortgage from Carlos M. Hernandez a/k/a Carlos Manuel Hernandez and Rosaura P.
Hernandez, his wife, to TerraBank, N.A., dated recorded
in Official Records Book 17714, at Page 3574, of the Public
Records of Miami -Dade County, Florida; as modified by Mortgage Modification
Agreement dated September 30, 1999, recorded October 1, 1999, in Official Records
Book 18805, at Page 1361, of the same Public Records.
Submitted into the public
record in connecttiiowith
/ALN on
238975-1 -� item Walter Foemen
City Cleric
7. Those certain Dedications, Easements, Reservations, and Restrictions as shown on the
Plat of J.C. SUBDIVISION, as recorded in Plat Book 154, Page 92, of the Public
Records of Miami -Dade County, Florida.
I; the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the
State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted -this day of May, 2000.
238975-1
TEW, CARDENAS, REBAK, KELLOGG,
LEHMAN, DeMARIA & TAGUE, L.L.P.
Rv-
Name: Santiago D. Echemendia
Florida Bar No.
Address: 201 S. Biscayne Boulevard,
Suite 2600
Miami, Florida 33131
Telephone (305) 536-1112
Submitted into the public
in connectM with
r„cor —/ on
o `4 item Waiter Foeman
City Clerk
STATE OF FLORIDA )
COUNTY OF DADE )
The foregoing intrument was ackowledged before me this day of , 2000, by
Santiago D. Echemendia, who is personally known to me.
Notary Public, State of Florida at Large
Print Name:
My Commission Expires:
Submitted into the public
record �in co O�eC�ico
with
238975-1 r . item Y
Walter Foeman
City Clerk
U
�J
Lots 1, 2, 3, 4, Block 1, J.C. Subdivision, according to the Plat thereof as recorded in Plat Book 154
at Page 92 of the Public Records of Miami -Dade County, Florida.
Submitted into the public
recurin connectionWia�
�I on
item Walter Foeman
V e City Clerk
9 . ; 6
11
Submitted into the public
record in connection with
item on �Q-,CLO
Walter Foeman
City Clerk
0
OPINION OF TITLE
To: CITY OF MIAMI, a municipal corporation
•
With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI,
FLORIDA in compliance with Section 55-8 of the Miami City Code and as an inducement for
acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is
hereby certified that we have examined the public records for the period beginning on the
commencement date of records maintained by Attorney's Titl' Insurance Fund, Inc., Title Information
Display System (November 15, 1976) to May 16, 2000 at 11:00 p.m., inclusive, of the following
described real property:
Lots 1, 2, 3 and 4, Block 1, J.C. SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 154, at Page 92, of the Public Records of Miami -Dade
County, Florida.
Basing our opinion on said complete abstract covering said period we are of the opinion that on
the last mentioned date the fee simple title to the above-described real property was vested in:
CARLOS M. HERNANDEZ
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
All taxes for the year in which this opinion is rendered and subsequent years.
2. Rights of parties -in -possession other than the above owner.
3. Facts that would be disclosed by an accurate survey.
4. Any unrecorded labor, mechanics or materialmen's liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS:
Listing should include, but not be limited to, such exceptions as:
6. Mortgage from Carlos M. Hernandez a/k/a Carlos Manuel Hernandez and Rosaura P.
Hernandez, his wife, to TerraBank, N.A., dated recorded
in Official Records Book 17714, at Page 3574, of the Public
Records of Miami -Dade County, Florida; as modified by Mortgage Modification
Agreement dated September 30, 1999, recorded October 1, 1999, in Official Records
Book 18805, at Page 1361, of the same Public Records.
Submitted into the public
record in connect�with�,
238975-1 item H on
Walter Foeman
City Cleric
•
0
7. Those certain Dedications, Easements, Reservations, and Restrictions as shown on the
Plat of J.C. SUBDIVISION, as recorded in Plat Book 154, Page 92, of the Public
Records of Miami -Dade County, Florida.
I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the
State of Florida, and am a member in good standing of the Florida Bar.
Respectfully submitted -this day of May, 2000.
238975-1
TEW, CARDENAS, REBAK, KELLOGG,
LEHMAN, DeMARIA & TAGUE, L.L.P.
Rv-
Name: Santiago D. Echemendia
Florida Bar No.
Address: 201 S. Biscayne Boulevard,
Suite 2600
Miami, Florida 33131
Telephone (305) 536-1112
Submitted into the public
recon in cto with
onnect
�oo
item on
. ` Walter Foeman
`� °¢ City Clerk
STATE OF FLORIDA )
COUNTY OF DADE )
The foregoing intrument was ackowledged before me this_ day of , 2000, by
Santiago D. Echemendia, who is personally known to me.
Notary Public, State of Florida at Large
Print Name:
My Commission Expires:
Submitted into the public
record in co oneC��a
with
238975-1 �..- item
Q-5 Walter Foreman
City Clerk