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Home My WebLink AboutO-119070 J-00-116 1/28/00 {�y 1 6 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 45 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL IN ORDER TO ADD SD -12 BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2960, 2961, AND 2965 AVIATION AVENUE, MIAMI, FLORIDA; CONTAININGA REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of January 24, 2000, Item No. 1, following an advertised hearing, adopted Resolution No. ZB-2000-0267, by a six to two (6-2) vote, recommending a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY - 1190 OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, amending Page 45, Article 4, Section 401, Schedule of District Regulations, R-1 Single Family Residential in order to add SD -12 Buffer Overlay District for the properties located at approximately 2960, 2961 and 2965 Aviation Avenue, Miami, Florida, more particularly described as Lots 5, 6, 7 and 8, Block 3, OCEAN VIEW HEIGHTS, according to the plat thereof, recorded in Plat Book 2, Page 86 of the Public Records of Miami -Dade, County, Florida and the Southeast % of Lot 8, Block 3, RHODES AMENDED PLAT OF NEW BISCAYNE at Plat Book B,,Page 16 of the Public Records of Miami -Dade County, Florida. Section 2. It is hereby found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax ,the load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due I'to changed or changing conditions; Page 2 of 4 0 7 • (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; (j). will not seriously reduce light and air to adjacent area; (k) will not adversely affect property value in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege . to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 45 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is hereby amended to reflect the changes made necessary by this Amendment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. .Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid,- the nvalid;the remaining provisions of this Ordinance shall not be affected. Page 3 of 4 0 7 Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.l' PASSED ON FIRST READING BY TITLE ONLY this 17th day of February' 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of March 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated plat prbvide°d, said ►Qgisl4 i`' - ,y becomes effective with the elapse of ten (10) days f m the Comm' n regarding same, without the Mayor exer sing v o. ATTEST: WALTER J. FOEMAN CITY CLEPk-) e' IT ATTORNEY 836:YMT:eij CORRECTNESS:/ J. • ity Clerk �i This Ordinance shall become effective as specified herein unless vetoed by the Mayor/within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 19' 0" ! ! PZ -7 SECOND READING ZONING FACT SHEET Case Number: 1998-0153 24 -Jan -00 Item No: 1 Location: Legal: Applicant: Zoning: Approx. 2960, 2961, & 2965 Aviation Avenue (Complete legal description on file with the Office of Hearing Boards) Tyler House LLC 2077 NE 120 Road North Miami, FL App. Ph: (305) 899-2141 R-1 Single-family Residential A. Vicky Leiva, Esquire 2500 First Union Financial Center Miami, FL 33131-2336 Rep. Ph: (305) 350-2409 ext Rep. Fa (305) 374-7593 ext Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-1 Single Family Residential in order to add SD -12 Buffer Overlay District. Purpose: This will facilitate future surface parking for commercial development by Special Exception. Recommendations: Planning Department: Denial Public Works: No comment Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-0267 Zoning Board: Recommended approval to City Commission. Vote: 6-2 City Commission: Passed First Reading on February 17, 2000. 1190 7 ANALYSIS FOR ZONING CHANGE Approximately 2960, 2961 and 2965 Aviation Avenue. CASE NO: 1999-0153 Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for an,amendment to the Zoning Atlas has been reviewed as follows: The request is to change the Zoning designation as follows: Lots 5, 6, 7 and 8, on Block 3, OCEAN VIEW HEIGHTS SUBDIVISION (2 - 86) AND, THE SOUTHEAST'/, OF LOT 8, in Block 3, RHODES AMENDMENT PLAT OF NEW BISCAYNE SUBDIVISION, (B -16), from R-1 "Single Family Residential" to R-1 "Single Family Residential" with an SD -12 "Buffer Overlay Dis- trict". The following findings have been made: • It is found that the subject property is immediately adjacent on the northwest side to an O "Office" with an SD -19 "Designated .75 FAR Overlay District" designated area under the same ownership. • It is found that this petition is in order to improve the existing property to be used as parking for the adjacent Office area. • It is found that in spite of the location of the subject properties adjacent to a commer- pi\_z cial corridor, the current designation is R-1 "Single Family Residential" and this pro- posed amendment is not consistent with the established residential pattern of the area east of the subject properties. • It is found that the requested zoning designation change is consistent with the under- lying land use designation and therefore does not require an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. x.100'7 ANALYSIS FOR ZONING CHANGE CASE NO. 1990-0153 Yes No N/A ❑ ❑ In harmony with Comp. Plan; does not require amendment. ❑ O ❑ In harmony with established land use.. ❑ ❑ . 0 Is related to adjacent and nearby districts. ❑ ❑ Is within scale with needs of neighborhood or City. ❑ ❑ Maintains similar population density pattern. ❑ D ❑ Existing district boundaries are illogically drawn. ❑ W . ❑ Changes or changing, conditions ,that make change necessary. ED CEJ ❑ .. Positively influences living conditions in neighborhood. F-/7 ❑ . ❑ Has similar impact on traffic; does not affect public safety.. W ❑ ❑ Has similar impact on drainage. . 0 ❑ ❑ Has similar impact on light and air to adjacent areas. ❑ ❑ ® Has similar impact on property values in adjacent areas. ❑ ❑ Contributes to improvement or development of adjacent property. 17 ❑ Conveys same treatment as to owners within same classification.. ❑ D ❑ Property is 'unfairly limited under existing zoning. ❑ ❑ O Difficult to find other adequate sites in surrounding area. ❑ ❑ ❑ ❑ ❑ ❑ ' ❑ ❑ o 11907 • 9 Miami Zoning Board Resolution: ZB 2000-0267 Monday, January 24, 2000 Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 11000, PAGE 45, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL IN ORDER TO ADD SD -12 BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2960, 2961 AND 2965 AVIATION AVENUE, LEGALLY DESCRIBED AS LOTS 5, 6, 7 AND 8, BLOCK 3, OCEAN VIEW HEIGHTS (2-86) AND THE SOUTHEAST 1/2 OF LOT 8, BLOCK 3, RHODES AMENDED PLAT OF NEW BISCAYNE (B-16), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Ms. Ileana Hernandez -Acosta, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Mr. Charles J. Flowers Ms. Ileana Hernandez -Acosta Mr. Osvaldo Moran-Ribeaux Mr. Humberto J. Pellon Mr. Fidel A. Perez Mr. Juvenal Pina Mr. Ricardo D. Ruiz Mr. Georges Williams Ms. Fernandez: Motion carries 6-2 Yes Yes No Yes Yes Away Away Yes Yes No AYE: 6 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 2 T e r e s i t a L. Fernandez, —Chief Office of Hearing Boards Case No.: 1998-0153 Item Nbr: - 1 SECTION 2210. NATURE AND RE UIREh S OF ZONING BOARD REPORT TO CITY COMMISSION (CIRCLE APPROPRIATE CONDMONS)' When pertaining fo'the rezoning of land under application made under Article 22, the report and recommendation of the Zoning Board shall show that the Zoning Board has studied and considered, where applicable, whether or not: (a) The proposed change conforms with the adopted Miami (n) The proposed change conveys the same treatment to the individual Comprehensive Neighborhood Plan and does not require a plan owner as to owners within the same classification and the immediate amendment; area and furthers the protection of the public welfare;. (b) The proposed change is in harmony with the established land use (o) There are substantial reasons why the use of the property is unfairly paw; limited under existing zoning; (c) The'proposed change is related to adjacent and nearby districts; (p) It is difficult to find other adequate sites in the surrounding area for tht pioposed use in districts already permitting such use. (d) The change suggested isnot out of scale with the needs of the neighborhood or the city; (MOTION) After considering the factors set forth in Section 2210 of (e) The proposed change maintains the same or similar,population density Ordinance 11000, I e request be recommended to the City pattern and thereby does not increase or overtax the load on public Commission r (APPROV ENIAL): ' facilities such as schools, utilities, streets, etc.; (f) Existing district boundaries are illogically drawn in relation. to. existing conditions on the property proposed for change; Signature (g) Changed or changing conditions make the passage of the proposed change necessary; (h) The proposed change positively influences living conditions in the Agenda Item % neighborhood; Date e (i) The proposed change has the same, or similar impact on traffic and does not affect public safety to a greater extent than the existing classification; 0) The proposed change has'the same or similar impact on drainage as the existing classification; (k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification; (1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification; (m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations; 11907 =f RM 1 M � N T 1-03 o; MAE-�� :lu-I®r. i•q�r'Z + zu MISS 7S'5, 1 xy 90 11 n _ Ana -j- IYIWV ragoa.. WARM MORA $A I lotw}3 e: t riTJ• & � a r Y as a �rd� • • ST W 3 s " Grp, �"' �° • � � '�� `� � `ice � , � � z` -q � "'��'�� "sa ®R .sx: n„w �a,..se'�^" z z � � �£ �r.; ,.4.--t` rdmrP •• s tnr r b .?% F i 'P G'✓tar . 1 lot BILZIN41UMBERG DUNN PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 2500 FIRST UNION FINANCIAL CENTER 200 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131-2336 TELEPHONE: (305) 374-7580 FAX: (305) 374-7593 E-MAIL: INFOOBILZIN.COM ONE EAST BROWARD BOULEVARD • SUITE 700 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE: (954) 356-0030 • FAX: (954) 356-0406 A. Vicky Garcia -Toledo, Esq. Direct Dial: (305) 350-2409 E -Mail: vleiva(a)bilzin.com November 1, 1999 Teresita Fernandez, Director Hearing Board Section City of Miami 444 Southwest 2nd Avenue, 7th Floor Miami, Florida 33128 Re: Amendment to Public Hearing Application for Properiy Located on Aviation Avenue Dear Ms. Fernandez: The purpose of this letter is to request an amendment of the pending application on the above referenced property. As you will recall, this matter was set for hearing before the planning advisory board at which time the neighbors expressed some very substantial concerns with the project. At that time I requested that the application be deferred indefinitely until we had an opportunity to meet with the neighbors. At the present time I can report that we have entered a settlement with the neighbors which alters the amount of property and request of the previous pending application. I am enclosing with this letter the pertinent pages with the new and revised information for substitution in your files. It. is my understanding after discussions with you, Ms. Trehy, and Ms. Slazyk that the fees that were originally submitted as part of this application are more than sufficient to cover the amended application and therefore no further fees will be incurred by the applicant. The settlement agreement with the neighbors call for the property subject matter of the original application to be replatted and subdivided to create two residential lots facing Inagua Street with a strip of approximately 59 to 60 feet of width fronting Aviation Avenue and directly adjacent and abutting Grove Forest Office Building to be used for surface parking by requesting a rezoning of that portion of the property to SD -12. A new survey has been prepared for the property which will be dedicated to surface parking under this G:\DMS\73 592\ 11045\0259361.01 9/20/99 11907 BILZIN'"SUMBERG DUNN P* & AXELROD LLP ®. Teresita Fernandez, Director September 21, 1999 Page 2 SD -12 request and in support of the commercial office venture at Grove Park, which I am accompanying with this correspondence. I would also request that the original lans use application be. withdrawn. I would respectfully request that upon receipt of these documents you set this matter for hearing at the soonest available zoning board hearing date. Should you need any additiona! information or have any question, please do not hesitate to call me. Si cerely j A. Vic y Garcia -Toledo AVGT:em cc: Yamile Trehy Lourdes Slazyk Ana Gelabert-Sanchez Roberto Lavernia. Sean Grossman GADMS\73 592\ 11045\0259361.01 9/20/99 11907 CITY OF MIAMI OFFICE OF IJEARING BOARDS APPLICATION FOR AMENDMENT TO ZONTNG ATLAS AND/OR OV.Pi LAY DISTRICT rvs#x*###*ww»s##was#*#a#*#a#:*#ww»»##aws#wwv»#*wwws##w*;##wy»+#wwx##wwxx#xwwss##was#wwMy###w SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, R,ORIDA, AS AMENDED, GE, RALLX REQUIRES ANY PERSON M40 RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTTVITIES 'f0 REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACfIVITI ES BEFORECITY ITY STAFF, BOARDS, COMMTTTEES AND THE CITY COMMISSION. A CONY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY I -TALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133. *##»»##Ma####*##a#»##w#**www*x#wws#ww4x*#w#=##uwsx#Mw»##ww»#wwP##wM+f####R##tww»##ww##ww*###w NOTE: THIS APPLICATION MUSTBE TYPEWRITTEN AND SIGNED IN BLACK INK. t, Tyler House LLC , hereby apply to the City Commission of the City of Mimi for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information (sec Article 22 of the Zoning Ordinance): ✓ I .Address of property: 2960 2961 and 2965 Aviation Avenue ✓ 2. Folio Nwnbcr: 01-4115-038-0030 01-4122-0001-0010 ✓ 3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of the application. ✓ 4_ Affidavit disclosing ownership of property covered by application and disclosure of interest (see attached form). ✓ 5. Certified list of owner of real estate within a 375 -foot radius of the outside boundaries of property covered by this application. ✓ 6. At tease two (2) photographs that show the entire property (land and improvements). ✓ 7. Present zoning designation(s): R-1 ✓ 8. Future zoning designation(s): SD -12 ✓ 9. other (specify and attach cover letter explaining why any document you are attaching is pertinent to this application). j2t)4183.021 Revised by letter of November 1, 1999 1190' Z00 'd 'IV '19 '911 NS 'NI Z'1I8 93:0I (NOW) 00 ,0I - 'NVP ✓ 10. Statement explaining why present zoning designation is'inappropriate. The two small wood frame homes are surrounded on three sides by commercial uses. There is a shortage of parking in the area causing spillage and street parking. ✓ 11. Statement as to why proposed zoning designation is appropriate: The zone change will' permit better. utilization of land, allow for a transitional use and improve landscape buffer for separation between residential and commercial use. The change will also improve parking in the area. 12. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 13. Other (specify). 14. Filing fee of $ according to Section 62-156 of the Zoning Ordinance: Change of zoning classification to: CS, PR, R-1, R-2, per,square foot of net lot area: ............. .......... $ .15 Minimum ... .... ... ................'........ . ...........635.00 R-3,, R-4, O, G/1, HP, per square foot of net lot area:.... ...... ......... $ .20 Minimum ... ... ....... ....... ' ..... ........... 750.00 C-1, C-2, I, per square foot of net lot area.......... .. .............. $ .25' Minimum ................... ...............990.00 CBD and all SD's, per square foot of net lot area:.......... $ .30 Minimum.............................................. .1,000,00 Public hearing mail notice fees, including cost of handling and mailing per notice:.. ................................ $. 3.50 Signature:' Name: Tyler House. LLC BY: Sean Grosman for S&S Management its general partner Address: 2077 N.E. 120 Rd., North Miami. FL Phone: (,305)899-2141 Date: 2 19 0'7 • FROM City of Miami He -Bring Soards STATE Of FLOWDA 4 )SS COUNTY OF MIAMI-DADE ) FAX NO. : 3054152335 AMDAVIT • Dec. 19 1998 ®3=elAM P2 Before me, the undersigned authority, this day personally appeared / who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal t+epresentative of *comer, submittit,a the accompanying application for a public hearing as requited by the Zoning Ordinance of the City of Miami, Florida, a5ming the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and trade a part thercoE 2. That all owners which he/she repressM 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 classif iiaation or regulation, of Zoning as set oat in the accompanying petition. 3. That the pages attached hereto and made apart of this affidavit contain the torrent namm, mailing addresses, telephone numbers and legal descriptions for the real property of which hte!shs is the own W or legal representative. 4, The facts as represented in the application and documents submitted tit conjunction with this affidavit are" and correct. Further Affiant sayeth not, STATE OF FLORIDA fJ COUNTY OF MIAM -I)AM _ 19�regon ent acknowled before me this v day of y H • �/ f� — '%� who is oral known to me or Who has produced as identification and who t 200 take ant oath, o s war �cAttaYzat NWAaY ptMX 5rAM CW Ft (XM CKNOWSM No. tJQtr" MYCON>67ct! NOV.241999 /Y �O� d 16k, t_'." S02'131 Name: Notary Public -Stam Irlorida CornmiWon No.: My Commission Expires: 11907 rxxx►xxx"y'13'`J?lHMS'NI ZZ10 LC: PI (INd)86:81-'a36 Owner's Name:. Tyler House. LLC (Sean Grosman) % A. Vicky Leiva, Esquire, Bilzin Sumberg, et al. Mailing Address: 2500 First Union Financial Center. Miami FL 33131 Telephone Number: (305)374-7580 Legal Description: Lots 5, 6, 7 and 8, Block 3, Ocean View Heights, Plat Book 2 at Page 86 and 'Southeast 1/2 of Lot 8, Block 3, Rhodes Amended Plat of New Biscayne at Plat Book B, Page, 16 of the Public Redords ofMiami Dade County. Owner's Name: N/A Mailing Address: Telephone Number: Legal Description: Owner's Name: N/A Mailing Address: Telephone Number: LegalDescription: Any other real. estate property owned individually, jointly or severally (by 'corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description 2937 S.W. 27 Avenue All of Lot 2, as per plat of the Resubdivision of Lots 1, 2, 3, 5, and 6 of the TRIANGLE COMPANY SUBDIVISION in the Southwest 1/4 of Section 15, Township 54 South, Range 41 East in the City of Miami, according to the Plat thereof as recorded in Plat Book 32, Page 79 of the Public Records of Dade County, Florida, less the Northeast 80 feet of said Lot 2, which Northeast 80 feet is more particularly described as follows: Beginning at the most Easterly comer of Lot 2 of the Resubdivision of Lots 1, 2,. 3, 5 and 6 of the TRIANGLE COMPANY SUBDIVISION in Southwest 1/4, Section 15, Township 54 South, Range 41 East, in the' City of Mimai, as per plat recorded in Plat Book 32 at Page 79 of the Public Records of Dade County, Flroida; thence Southwesterly along tge . Southeasterly boundary of said Lot 2 a distance of 90 feet; thence Northeasterly along a line parallel to the Northeasterly boundary'of said Lot 2 a distance of .125 feet,'. more or less, to the Northwesterly boundary of said Lot 2; thence Southeasterly along the Northeasterly boundary of said Lot 2; a distance of 125 feet,'more or less, to the Point of Beginning, saving and excepting therefrom that area required to form a curve with a radius of 25. feet at themost Northerly corner of said Lot 2. 4 1.90'7 E, DISCLOSURE OF OWNERSHIP is Legal description and street address of subject real property. Lots 5, 6, 7 and 8, Block 3, Ocean View Heights, Plat Book 2 at Page 86 and Southeast % of Lot 8, Block 3, Rhodes Amended Plat of New Biscayne at Plat Book B, Page 16 of the Public Records of Miami Dade County. 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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. Tyler House, LLC 100%. Tyler House LLC is owned by Bengro [US] Hodings, Inc. 30% and S&S Management, Inc. 70%. Bengro [US] Hondings, Inc. is owned 100% by Bengro Holdings, Inc.; owned 100% by Ben Grosman. S&S Management, Inc. is owned 50% by Sean Grosman and 50% by Shane Grosman. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. 2937 S.W. 27 Avenue Please see owner's list for legal description. Tyler House, LLC By: Sean Grosman for S&S Management its general partner STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 1998, by Sean Grosman. General Partner for S&S Management. General partner of _Tyler House. LLC a Florida limited liability corporation, on behalf of the corporation.. He is personally known to me or has produced and who did [did not] take an oath. as identification CC738728 Name: # Main= M" Name: Notary Public - State of Florida K(*My C _ '�►. AW as, Commission No.: 11907 sm:1 829N4647 Return to: (enclose self-addressed envelop) Name: Ronald G. Baker, Esq. Rus_so 8 Baker, P.A. Address: 4675 Ponce de Leon Boulevard #301 Coral.Gables, FL 33146 This Instrument Prepared By: Name: Ronald G. Baker, Esq - Russo a Baker, P.A. Address: 4675 Ponce de Leon Boulevard #301 Coral Gables, FL 33146 .9SR,47S 18.3 1P48 SEP V 1�:23 MCSITOrt SURT\ 0.00 1;:1 M RUVIN, iLERK DARE CO'dM, FL :yAtzAhIM DEED �8 X31DBNT�, made this K` day of ,. 1998, . BETWEEN DONALD. G. SMM,.a single man, Individually and as•srostiee, .and * and O. SMITB, a married aan, of Miami -Dade County, Flvrida..Grantor«, and TYLER ROUSE, L.L.C., whose fedeul identificationnu_ntiber is r rf and whose post of f ice, address i the, County of Miami -Dade, State of Florida, Grantee*, a WITNR88$TH: That said Grantor, for and in consideration of the sum of Ten and no/ Dollars ($10.00) and other good. and valuable considerations to said Grantor in hand paid by said Granter , sold cetbe of which is hereby acknowledged, has granted, bargained, said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County,. Florida, to -wit: Lots 5 and 6, in Block 3. of OCEAN VMV HEIGHTS• according m the Plat theseoZ as recorded in plat Book 2, at Page 86, of the Public Records Of"ana Dade Cwmty, Florida Folio No: 01- 4115.038-0020 SUBJECT TO: Conditions, restrictions, limitations,aeasementss,shall nd reservations of record, if any, pro vided not serve to reimpose same, applicable zoning ordinances, and taxes for the current year. TRIS PROPSRTX IS NOT THE HOMESTEAD OF GRADITOR ROBBRT O. ell=. ROBERT T1 8MPRH ltE3ID88 AT 35 Chester Street, Newton Highlands, M osuchusatts. and said ^Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of ail persons whomsoever. *"Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITgS WKEREOg, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and .delivered in theencs of'. (L.S.) G, gym a single man, Individually and as Trustee, whose address is: 551 Bargello Avenue . _. Co j 1 dables, FL 33146 REMRT a. sMITx (Prints W ) Whose Address is: 55 Chester street C Newton Highlands, Mass. (Printed Name of Witness) 11907 .:=K'S_r;.6i',. .c•`.,^,;;4:� ,�,;t.;a.:.it...(� t;..•�'+,.�.;K7, T.. . r �:�, - - .ri,��,,_tss;:��.;.;...:;ri��. �.H:..��::,u..f, .r��. %�.¢ r ,,<..:. ',;.A,,�''•.. 1 ,� * 18290T4 8 AiC. STATE OF FLORIDA COUNTY OF MIAMI -DAVE I HEREBY CERTIFY that on this day, . before ire, ' an. officer duly authnorised. ,:inn the. State aforesaid and .n.;•;ttie. r County aforesaid to take acloowled ants. ,. ., ' gti!... personally appeared: IIONALD G _•:SgITB, ,;a sing3o Baa, • tnOvidv42p -and aq'-'-`'' teal who::is P Y".aiNo t To t[S,..and_ to known to be. the person ..deseribed'._in_aiid`;:i�ihb :BXecnted.tke :foregoing instrument and he acknowledged` before .me "that 'he exocuted'the same. WITNESS my hand and official seal in the County and State last aforesaid, this. ,2; day of I�pi�!p1li17C817►1Y�� OOOrD�iQl1ZNDiC069D1Y: (Stamped"Comaission of Notary) ' STATE OF COITm OF i HEREBY CERTTRY . that on. thin day, before me, an ;officer duly authosizedn'the State:;afaresad-and zri the County',=aforesaid to take :-:; acknowledgments, personallj► . appeared ROBSRT :O SMZTBt whos "lithe= gSR80NH Y 14�oWH ".TO: 195, or lb) p p, Cad to me ;as:: .:;•:: which expires oa.6. aad, ath, and. to. me known to•;be the: person described and who ;executed, the 'foregoing instrument anis he acknowledged before me that he executed "`'the , same. WITNESS my hand and official seal in the County and State last aforesaid, •this b4 day of aBMW k (stem :•.o .-.otary)' 0 i i� �r�� .,V i I�:0� !:.'$$ii;Y:.f?.?%Ytn�rt'•ato �;sattvem,_+C.7lv•' &ri;:!C_i JD h:y r, this UARVEY RUVI��1,CLERK, of Circ i nd CU;: y uric ' Deputy CieHARM gym. RIMN o , .f,` DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS THAT Tyler House, LLC ("Owner") being the fee simple title owner of certain parcels bf real property located within the City of Miami in Miami -Dade County, Florida, as further described on Exhibit "A" attached hereto and made a part hereof ("Property"), in settlement of differences and disputes that have arisen between the Owner and the Coconut Grove Park Homeowners Association, Inc., the Coconut Grove Civic Club, Inc., Herb and Edythe Quartin, and Frank and Florence Revak, (collectively, "Neighbors"), regarding Owner's development plans for the Property, makes the following Declaration of Restrictive Covenants covering and running with the Property in favor of the Neighbors, their successors and assigns. 1. Subdivision of Pro-pertY The Property shall be subdivided in conformance with the site plan attached hereto and madea part hereof as Exhibit "D". This subdivision shall include three lots as follows: • Parking lot built pursuant to city code subject to any necessary variances or special permits to preserve trees and provide for maximum buffering as contemplated in this Declaration, fronting on Aviation Avenue, with access only from Aviation Avenue. • Two lots fronting Inagua Avenue to be used and zoned for single family residential purposes. • All of the property owned by Owner which is the subject matter of the public hearing application referenced herein shall be approved with an SD -12 Overlay, solely for the purposes of meeting the city of Miami Code requirements of 100 feet of frontage and a minimum 10,000 sq. feet of property. Only the 59 feet directly' adjacent and abutting the Grove Park Plaza shall be used for parking and the remainder of the property shall be replatted and subdivided into two residential lots which shall at all times shall remain single family residential in use and zoning and which under any circumstances shall not be used for parking except for parking for residential use as otherwise identified in this Covenant. If the SD -12 Overlay is abandoned, the Owner shall not apply for a rezoning to any other zoning than R-1. 2. Parking Lot • The parking lot shall have a width of no more than fifty- nine (59) feet. • The parking lot shall include a heavily landscaped ten - foot wide buffer from Aviation Avenue and a heavily G:\DMS\73592\11045\0273223.02 Sutnnifted Into the Public 12/23/1999 Page 1 of 6 r"Or C0?'0n0V-0 w1#h Rem on -.4 17-Qo 11907W. r Faeman City cift landscaped ten -foot wide buffer from the rear lot line of the parking lot adjacent to the property at .2613 and 2567 Inagua Avenue. "Heavily landscaped" shall mean at least three native hardwood trees of the highest grade and no less than fifteen (15) feet in height and a solid length of shrubbery. • Tree number thirteen (13) on the site plan prepared by Robin Bosco Architects and Planners, 'Inc., dated 6-16-99 as attached hereto and made a part hereof as Exhibit "C". shall be preserved. Any pruning of said tree shall not affect the existing canopy. The owner of the property at 2613 and 2567 Inagua Avenue shall be notified by the Owner and must then give his approval or disapproval within forty-eight (48) hours of written notification of any pruning that may affect the tree -canopy over his property. Said approval may not be unreasonably withheld. Failure to respond within this forty-eight (48) hour period shall be interpreted as approval to proceed. • The parking lot shall remain zoned R-1 and the Owner shall apply for a SD -12 overlay district for the parking lot. If the SD -12 overlay is abandoned, the Owner shall not apply for a rezoning to any other use than R-1. The parking lot property may be used only for parking or for single family residential use.. •. The parking lot shall be surrounded by a six (6) foot high concrete block and -stucco wall. The wall adjacent to the property at 2613 and 2567 Inagua Avenue may be eight feet in height if desired by the owner of 2613 and 2567 Inagua Revenue. That wall shall be placed in such 'a manner so as to preserve the existing coral rock wall between the properties. The concrete block and stucco wall shall be placed inside the parking lot property with the coral rock wall between it and the property at 2613 and 2567 Inagua Avenue. • The parking lot shall be secured by a gate that will be opened at 7:00am and closed at 6:00pm Mondays through Fridays, opened at 8;00am and closed at 12:00, noon on Saturdays, and closed on Sundays and holidays. However those individuals who rent or lease offices in the Grove Forest Plaza Building and who have authorized access to the parking lot during its regular hours of operation may use the parking lot after those regular hours of operation, The security system for the Grove Forest office Building shall include monitoring of the parking lot by the game means as the building. The Neighbors shall be notified by the Owner of any change in security system. Lighting shall be installed to eliminate light spillage onto all adjoining properties. Submitted into the public record onnection with item on - 7'c'0 G:\DMS\73592\11045\0273223..02 Walter Foeman 12/23/1999 Page 2 of 6 City Clerk 11907 3. Residential lot at Aviation and Inagua avenues • There shall be a driveway from Aviation Avenue to serve this property. • This property shall remain in residential use only (R-1 zoning with or without the SD -12 overlay) and shall not be rezoned. This property shall be used only for single family residential use. • No vehicular access through this property from Aviation to Inagua avenues shall be permitted. • Owner shall plant two street trees within the swale area along Inagua Avenue, as dictated by site design. These trees shall be native hardwood trees of the highest grade and no less than fifteen (15) feet high. • Outside air conditioning compressor units shall be placed at the rear or side of the residential bu_ilding.closest to Aviation Avenue. 4. Residential lot on Inagua Avenue • This property shall remain in residential use only (R-1 zoning with or without the SD -12 overlay) and shall not be rezoned. This property shall only be used for single family residential use. • Owner shall plant two street trees within the swale area along Inagua Avenue, as dictated by site design. These trees shall be native hardwood trees of the highest grade and no less -than fifteen (15) feet high. • A six (6) foot wall, ,shall be constructed along the property line with the property at 2567 Inagua Avenue. That wall shall be placed in such a manner so as to preserve the existing coral rock wall between the properties. The concrete block and stucco wall shall be placed inside the residential property with the coral rock wall between it and the property at 2613 and 2567 Inagua Avenue. • Outside air conditioning compressor units shall be placed at the rear or side of the residential building -closest to Aviation Avenue and at the -opposite side of the property from the lot line with the property at 2613 and, 2567 Inagua Avenue. 5. Enforcement Any violation or breach of any of the terms of this Declaration of Covenants may be remedied by any relief available at law or in equity, including injunctive relief and/or damages and sanctions for contempt of court, by any party with whom this Declaration runs. The prevailing party in any proceeding seeking to enforce this Declaration or any portion hereof shall be entitled to receive from the other party court costs and reasonable attorney's fees, G:\DMS\73592\11045\0273.223.02 12/23/1999 Page 3 of 6 Submitted into the,public 9 0 recor�,in connection with item 4'G�r on —2-11-21V Walter Foeman Citv Clprk 1] including paraprofessional fees and attorney's fees incurred in connection with any appeal. 6. Effective Date and Binding Effect This Declaration shall constitute a covenant running with the title to the Property, binding upon Owner, its successors and assigns upon its recording in the Public Records of Miami -Dade County, Florida. These restrictions shall be a limitation upon all present and future owners`of the Property. 7. Duration This Covenant shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty years from the date this instrument is recorded in the Public Records of Miami -Dade County, Florida and shall be automatically extended for successive periods of ten years each thereafter unless provisions of any modification, amendment or release as set forth herein provides otherwise. 8. Modification and Amendment This Declaration or any part hereof shall be modified, changed, amended or released or terminated only by an instrument in writing executed by the Owner or its successors or assigns and by the Neighbors, or their successors and assigns. This instrument shall be recorded in the Public Records of Miami -Dade County, Florida at the expense of the Owner. 9. Construction of Lancruage In construing this Declaration of Restrictive Covenants, the singular shall be held to include the plural, the plural shall include the singular, the use of any gender shall include every other and all genders; and captions and paragraph headings shall be disregarded. The headings herein are for convenience only, and shall not be referenced or utilized in the interpretation of this Declaration. 10. Severability In the event any term or provision of this Declaration of Restrictive Covenants be determined by appropriate judicial authority to be illegal or otherwise invalid, such -provision shall be given its nearest legal meaning or be construed to be deleted as such judicial authority determines, and the remainder of 'this Declaration of Restrictive Covenants shall be construed to be in full force and effect. 11. Notices All correspondence and notices required under this Declaration shall be sent via U.S. Mail, Certified Letter, with return receipt, as follows: Submitted into the public G:\DMS\73592\11045\0273223.02 recoro, in connection with 12/23/1999 Page 4 of. 6 item, Z-9 on - 7 -CC Walter Foeman city 0104 19 0 7 0 .0 as to Owner: Tyler House, LLC 2937 S.W. 27th Avenue Coconut Grove, Florida 33133 as to Neighbors: Coconut Grove Park Homeowners Association, Inc. c/o Robert Fitzsimmons, Esq., President 2950 S.W. 27th Avenue Suite 200 Coconut Grove, Florida 33133 Coconut Grove Civic Club, Inc. c/o Frank Balzebre P.O. Box 381 Coconut Grove, Florida -33133 Herb and Edythe Quartin 2584 Inagua Avenue Coconut Grove, Florida 33133 Frank and Florence Revak 2567 Inagua Avenue Coconut Grove, Florida 33.133 12. Recordation This'Declaration shall be executed and recorded at the expense of the Owner in the Public Records of Miami -Dade County, Florida only after all City of Miami approvals necessary for the implementation of this Declaration. 13. Force Maioure; Florida Law No party shall be required to perform any term, condition or covenant in this Declaration of Restrictive Covenants so long as such performance is delayed or prevented by a force majeure event, which shall mean "Acts of God," labor disputes (whether lawful or not), material or labor shortages, restrictions by any governmental authority, civil riots, floods and any other cause not reasonably within the control of such party and which by the exercise of due diligence, such party is unable, wholly or in part, to prevent or overcome within the time in which performance is otherwise required. This Declaration shall be governed by and construed and enforced in accordance.with the laws of the State of Florida. Submitted into the public recofnnection with alfon-2,�-I-C�J<j item G:\DMS\73592\11045\0273223.02 Walter F®LfTian 12/23/1999 Page 5 of 6 City CEeis 11907 IN WITNESS WHEREOF, the undersigned has set his hand and seal this . day of 2000. OWNER Witnesses Print Name Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of , 2000 by , who is personally known to me or who produced as identification, on behalf of the corporation. My commission,expires: G:\DMS\73592\11045\0273223.02 12/23/1999 Page 6 of 6 NOTARY PUBLIC State of Florida at Large Print name: Submitted into the public record in connection with -item PZ -2 on a-17 Walter Foeman City Clerk 11907 MIAMI DAILY EUSINEW REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review Vkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11906 in the............XXXXX...................... Court, was published in said newspaper in the issues of Mar 28, 2000 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aHlant her says that she has neither paid nor promised any n, firm or corporation any discount, rebate, eom- missi n r refund for the purpose of securing this advertise - men publics n in the said newspape orn to and b ri d efore me this 28 Marc 2000 y of A.D.... .. ... . . ... .. ..... (SEAL) Sookie Williams pers V,"0*040 MSOFFICiAL NOTARY SEAL 0 JANETT LLERENA 0 COMIMSS10N NUMBER �4t:.Q CC566004 7r ~ MY COMMZSION EXPIRES FOF F�� JUNE 23,2000 , N`:CITY OF MI/�MI,`F6:®RIDLi ®TIOE ®F. R®P�S�C :0RDIId�1I�ICES, 41' interested persons will take notice that on the 23rd of March, 2000, -the City.Commission of Miami, Florida adopted the following.titled ordi-, Inances: t ORDINANCE NO. 11905 d AN EMERGENCY ORDINANCE OF THE MIAMI CITY COM- - =MISSION ESTABLISHING A NEW SPECIAL REVENUE'FUNb-' _ ; ENTITLED "2000 -2001 -WELFARE TO WORK PROGRAM` AP- PROPRIATING .FUNDS FOR , ITS• OPERATION . IN THE -, AMOUNT.OF;$2,433;960, CONSISTING OF.A.GRANT FROM THE.U:S. DEPARTMENT.OF LABOR THROUGH, -THE SOUTH = FLORIDA.EMPLOYMENT AND TRAINING CONSORTIUM; AU THORIZING.THE CITY MANAGER TO ACCEPT SAID GRANT AND EXECUTE "THE NECESSARY DOCUMENT(S), IN A FORM.ACCtPTABLE.T0 THE CITY ATTORNEY, FOR THIS PURPOSE; -CONTAINING A REPEALER,•PROVISION AND A 1 SEVERABILITY -CLAUSE. ORDINANCE NO. 11906 - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COM- 4 '-MISSION ESTABLISHING A SPECIAL REVENUE FUND ENTl- '. _TLED:. "WYNWOOD/HIDTA COMMUNITY "EMPOWERMENT ;.-CRIME AND DRUG DEMAND, REDUCTION"PRQGRAM," BY - ESTABLISHING INITIAL- RESOURCES SAND `APPROPRIA- TIONS" AND:' AUTHORIZINGEXP ENDITURES,-'•IN. THE AMOUNT OF $41,700, CONSISTING -OF A GRANT FROM -THE HIGHINT ENSITY-DRUG TRAFFICKING "AREA.COMM UNITY ;,EMPOWERMENT CRIME'AND DRUG DEMAND;REDUCTION PROGRAM THROUGH THE MONROE.000NTY SHERIFF§. OFFICE; AUTHORIZING THE CITY,MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCU- MENT(S),, IN,A..FORM.ACCEPTABLE TO THE, CITY ATTOR- NEY, FOR THIS PURPOSE; CONTAINING A REPEALER PRO- VISION AND'SEVERABILITY CLAUSE. ORDINANCE Nom. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- . ING'PAGE NO. 45. OF THE ZONING ATLAS -OF ORDINANCE NO. 11060, AS, AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; -FLORIDA, ARTICLE 4, SECTION 40i,:- SCHEDULE -OF DISTRICT REGULATIONS, R-1 SINGLE FAMI- LY RESIDENTIAL IN ORDER TO ADD SD -12 BUFFER OVER- -"LAY' DISTRICT FOR THE .PROPERTIES LOCATED AT AP- PROXIMATELY 2960; 2961, :AND 2965 AVIATION AVENUE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION "AND A SEVERABILITY -CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American DriVe, •Miami, Flori- da, Monday through Friday, excluding holidays, between -the hours of 8 a.m. and 5 p:m. All interested persons may. appear at the meeting and.may be heard with respect to the proposed ordinances. Should any person desire to ap- peal any.decision of the City Commission with respect to any matter to be considered ar this meeting; •that 'person . shall ensure ;that a verbatim record of the proceedings is made including all testimony and evidence fi upon which any appeal may bb -based." WALTER,J. FOEMAN CITY C 11 LERK nn.d_rai