HomeMy WebLinkAboutO-11309J-95-630
02/27/95 11309
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-4 MULTIFAMILY HIGH -
DENSITY RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICT FOR THE
PROPERTY LOCATED AT 1744/56 NORTH BAYSHORE
DRIVE, 1783/95 NORTHEAST 4TH AVENUE AND 407
NORTHEAST 17TH TERRACE, MIAMI, FLORIDA; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 23 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board at its meeting of June 19,
1995, Item No. 3, following an advertised hearing, adopted
Resolution No. ZB 66-95, by a six to two (6-2) vote, RECOMMENDING
APPROVAL of 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
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
11309
Article 4, Section 401, Schedule of District Regulations, is
hereby amended by changing the zoning classification from R-4
Multifamily High -Density Residential to SD-6 Central Commercial -
Residential District for the property located at 1744/56 North
Bayshore Drive, 1783/95 Northeast 4th Avenue and 407 Northeast
17th Terrace, Miami, Florida, legally described as Lots 5, 6, 7,
8, 9, 10, 11 and 12, Block 8, MIRAMAR SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 5, at Page 4, of the
Public Records of 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 to changed or changing conditions;
(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;
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11309
(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. 23 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 remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective after
final reading and adoption thereof pursuant to Section 163.3189,
Florida Statutes (1993).
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
July,1995.
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1130
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of September , 1995.
k
STE EN P. CLAAK, MAYOR
ATTEST:
WALTER J.
CITY CLE
PREPARED AND APPROVED BY:
I A A id
G!'14fAfAM MAEA
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GMNVw029.DOC
-4-
11300
TO
FROM
Walter J. Foeman
City Clerk
i J nes, III
City A rney
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
March 6, 1996
Ordinance No. 11309
adopted 9/28/95
Scrivener's Error in
Legal Description
FILE A-9500378
The subject Ordinance deals with a change of zoning from an R-4 Multifamily High -
Density Residential classification to an SD-6 Central Commercial -Residential District
classification for property located at 1744/56 N. Bayshore Drive, 1783/95 N.E. 4th Avenue
and 407 N.E. 17th Terrace, Miami, Florida.
Although, in the preparation of the Zoning Board resolution, the City's Hearing
Boards Office inadvertently omitted Lot 12 from the lots included in the legal description,
the street address was correct in the legal ad and in the title of the Ordinance. The Hearing
Boards Office corrected its Zoning Board resolution February 9, 1996 (see Exhibit 1).
Consequently, the attached Ordinance has been modified to include the omitted lot (see
Exhibit 2).
Due to the absence of any potential impact or effect resulting from the omission of
Lot 12, follow-up action by the City Commission is unnecessary, and you may substitute the
attached corrected Ordinance for the legislation currently in your possession.
You may wish to keep this memorandum on file with any backup material you have
in your custody regarding the item.
cc: Christina Cuervo, Assistant City Manager (w/Enc.)
GMM/amk/ZBD/HOLL03. DOC
11a09
ZB 02/09/96
Mr. George E. Barket offered the following Resolution
and moved its adoption.
RESOLUTION ZB 66-95
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, 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 THE ZONING ORDINANCE NO. 11000, PAGE 23, ARTICLE
4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM
R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTY LOCATED
AT 1744/56 NORTH BAYSHORE DRIVE, 1783/95 N.E. 4TH AVENUE
AND 407 N.E. 17TH TERRACE LEGALLY DESCRIBED AS LOTS 5, 6,
7, 8, 9, 10, 11 AND 12, BLOCK 8, MIRAMAR SUBDIVISION
(5-4) PUBLIC RECORDS OF DADE COUNTY; ZONED R-4
MULTIFAMILY HIGH -DENSITY RESIDENTIAL.
Upon being seconded by Ms. Gloria Basila
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Barket, Crespo and Milian.
IVAYES: Messrs. Carman and Moran-Ribeaux.
ABSENT: Messrs. Luaces and Hernandez.
Ms. Fernandez: Motion carries 6-2.
June 19, 1995 Item# 3
Zoning Board
EXHIBIT 1
11309
J-95-630
02/27/95
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM R-4 MULTIFAMILY HIGH -
DENSITY RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICT FOR THE
PROPERTY LOCATED AT 1744/56 NORTH BAYSHORE
DRIVE, 1783/95 NORTHEAST 4TH AVENUE AND 407
NORTHEAST 17TH TERRACE, MIAMI, FLORIDA; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 23 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board at its meeting of June 19,
1995, Item No. 3, following an advertised hearing, adopted
Resolution No. ZB 66-95, by a six to two (6-2) vote, RECOMMENDING
APPROVAL of 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
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
EXHIBIT 2 11309
Article 4, Section 401, Schedule of District Regulations, is
hereby amended by changing the zoning classification from R-4
Multifamily High -Density Residential to SD-6 Central Commercial -
Residential District for the property located at 1744/56 North
Bayshore Drive, 1783/95 Northeast 4th Avenue and 407 Northeast
17th Terrace, Miami, Florida, legally described as Lots 5, 6, 7,
8, 9, 10, 11 and 12, Block 8, MIRAMAR SUBDIVISION, according to
the Plat thereof, as recorded in Plat Book 5, at Page 4, of the
Public Records of 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 to changed or changing conditions;
(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;
-2-
11` 09
(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. 23 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 remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective after
final reading and adoption thereof pursuant to Section 163.3189,
Florida Statutes (1993).
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
July,1995.
-3-
11309
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
G. RIAM�MAER
CHIEF ASSISTANT CITY ATTORNEY
1995.
STEPHEN P. CLARK, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
of � -I/A31
,r,
GMM/w029. D(K
-4-
1.13cp9
PZ0 5
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
ZONING FACT SHEET
1744/56 N. Bayshore Drive, 1783/95 N.E. 4th Ave. & 407 N.E. 17 Terrace.
(Complete legal description with the Hearing Boards Division).
Tibor Hollo, Owner
100 S. Biscayne Blvd. ellOO
Miami, Florida 33131
358-7710
R-4 Multifamily High -Density Residential.
Synchron Parking Systems, Inc. (Owner)
Phillip A. Yaffa, Esq.
REQUEST Change of Zoning as listed in the Zoning Atlas of Ordinance No. 11000, as amended,
the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, from R-4 Multifamily High -Density Residential to SO-6 Central
Commercial -Residential Districts.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case Nol: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: N/A
HISTORY
ANALYSIS The requested zoning change is in order to move the SD-6 boundary line north to include the
subject property. The intent of the SD-6 Central Commercial Residential District is to allow
higher floor area ratios (FAR) for residential development or for combinations of residential
with office, service, cultural, entertainment and retail uses. Approval of this petition will
increase the potential density of the subject property and may bring an intrusion of office and
commercial activities into the aijacent residentially zoned area. Generally-, this type of
petition is attached to a Major Jse Special Permit (MUSP) application and plans; but since in
this case plans have not been submitted, it is impossible to calculate the potential impact
that this zoning change would have on the area. While this change is consistent with the
Downtown Master Plan, and the Planning Division is not opposed to development within the
district, the lack of specific plans makes a recommendation of approval difficult; it would be
like authorizing a "blank approval" for a piece of property without knowing what is coming.
Based on these findings, the Department is recommending denial of the application as presented.
ZONING BOARD Recommended for approval to City Commission. (Res. No. 66-95)
APPELLANT N/A.
CITY COMMISSION Passed First Reading on CC 7/13/95.
APPLICATION NUMBER 95- 385 Page 1 June 19, 1995 11309
ANALYSIS OF PROPOSED ZONING CHANGE -
APPLICATION NUMBER 95- 385
Yes No N/A'
X The proposed change is in harmony with the adopted Miami Compre-
hensive Neighbor ood Plan, 1989-2000, and does not require a plan
amendment.
X The proposed cha ge is in harmony with the established land use
pattern.
X The proposed change is related to adjacent and nearby districts.
X The change suggested is within scale with the needs of the neigh-
borhood or the City.
X The proposed change maintains the same or similar population
density pattern and thereby the load on public facilities such as
schools, utilities, streets, etc. is the same.
X Existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
X There are change or changing conditions that make the passage of
the proposed ch ge necessary.
X The proposed ch nge positively influences living conditions in
the neighborhood.
X The proposed change has the same or similar impact on traffic and
does not affect public safety as the existing classification.
X The proposed change has the same or similar impact on drainage as
the existing classification.
X The proposed change has the same or similar impact on light
and air to adjacent areas as the existing classification.
X The proposed change has the same or similar impact on property
values in the adjacent areas as the existing classification.
X The proposed cha ge will contribute to the improvement or deve-
lopment of ad jac nt property in accord with existing regulations.
X The proposed cha ge conveys the same treatment to the individual
owner as to the owner within the same classification and the
immediate area; and furthers the protection of the public welfare.
X There are substantial reasons why the use of the property is
unfairly limited under existing zoning.
X It is difficult to find other adequate sites in the surrounding
area for the proposed use in districts already permitting such
use.
2. 1.1309
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APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number -
J
I, Tibor Hollo hereby
apply to the City Commission of the City of Miami 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: NE corner of Bayshore Dr. and 17th Terrace between
I.
Address of property: Bayshore-and NE 4th Street 1740 NE Bayshore Dr.
x
2.
Two surveys, prepared by a State of Florida Registered Land Surveyor.
t�
x
3.
Affidavit disclosing ownership of property covered by application and disclosure of interest.
x
(See attached form.)
►,,
fN
4.
Certified list of owner of real estate within a 375-foot radius of the outside boundaries of
x
property covered by this application. (See attached form.)
5.
At least two photographs that show the entire property (land and improvements.)
x
6.
Atlas sheets) on which property appears: 23
x
—"
7.
Present zoning designation(s): R - 4
x
8.
9.
Proposed zoning designation(s): -
Statement explaining
why present zoning designation is inappropriate. (See attached form.)
x
10.
11.
Statement as to why proposed zoning designation is appropriate. (See attached form.)
Other (Specify)
12.
Filing fee of $ according to following schedule:
I
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area .............
$ 0.12
Minimum.......................................................
$550.00
R-3, R-4, 0, 6/I, per square foot of net lot area .............
S 0.16
Minimum.......................................................
$650.00
C-1, C-2, I, per square foot of net lot area ..................
S 0.20
Minimum
.......................................................
$750.00
CBD and all SD's, per square foot of net lot area .............
S 0.22 Z
Minima ..............................................1,......
$85C<00
Signature: S=
Name: i Tibor Hollo
Address:
100 S.Biscayne Blvd. #1100 Mi
Phone: 305-358-7710
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Ong
tftn 3tjT-31
�/Q A 1-4-4', being duly sworn, deposes and says that he is the (Owner)
of the.reai property described in answer to question 1 above; that he has read the foregoing answers
an tat the sale are true and complete; and (if acts as agentjforner) that he has authority to execute
this petition on behalf of the owner. O
t t �� ilii • (SEAL)
SWORN TO AND SUBSCRIBED
before me this"'Q.g'Oday of lg�
MY CMi�IISSION EXPIRES: OFFICIAL NOTARY SEAL
xATHL.EEN CROCAN _ Nota Public, State of Florida at Large
NOTARY PUBLIC STATE OF FLORIDA - CRUl'kN
^,n �r-Zn2+t� 11
1307
3o
__ • A F F I D A V I T
STATE OF FLORIDA }
} SS .I
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Tibor Hollo , who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public- hearing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion of a classification or regulation of toning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is theme r 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.
u:r (SEAL)
(Name) Tibor Hollo
• Sworn to and Subscribed before me
Tr/
this, day of
OFFICIAL L NOTARY SEAL
.— KATHLEEN CROGAN
L C. � .� �. -L `'' 2 �' [NC�MARY PUBLIC STATE OF FLORINotary Public, State of Florida atlargeCOMMISSION NO. CC343462
COMMISSON EXP. FEB. 26,19981
1_309
4 A F F I D A V I T
STATE OF FLORIDA }
} SS .I
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Phillip n vnffm , who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the monsm000rdbo legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he 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 grect.
Further Affiant sayeth not. ynchro .i teals, Inc.
(SEAL)
(N / 16
a, Legal Representative
Sworn to and Subscribed before me
this d y of 9f
OfFICIAL NOTARY SEAL
Nota Public, State of Florida a Large KATHLEEN CROCAN
. ter- • -- * NOTARY PUBLIC STATE OF FLORIDA
My Commission Expires: COMMISSION NO.CC343462
MY COMMISSION EXP. FE9 26,1998
11309
OWNER'S LIST
Owner's Name Synchron Parking Systems, Inc.
Mailing Address [-'in RncFantha i - Rnacntha l C. Raar+nm i n'l1 m Mi nrni Rl ini Mnrth
Miami Beach, Florida 33162
Telephone Number
Legal Description: Lots 5,8,9 and 12, Block 8, Miramar, according to the Plat thereof,
recorded in Plat Book 5, at Page 4 of the Public Records of Dade County, Florida.
Owner's Naas
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property awned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
Street Address
Street Address
io
Legal Description
Legal Description
11300
OWNER'S LIST
Owner's Name Tibor Hollo
Mailing Address 1-00 South Biscavne Blvd . , # 1100. Miami. Florida. 33131
Telephone Number ( 305 ) 358-7710
Legal Description: Lots 6,7,10 and 11, Block 8 of the Third Amended map of Miramar, a
subdivision of Dade County, Florida, according to the Plat thereof, as recorded in
Plat Book 5; at Page 4, of the Public Records of Dade County, Florida.
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
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
Street Address
Street Address
T %*c C tl Q _na 1 i Al „r.lr R _ MjynMar . =r. osdi nrr to
the Plat thereof, recorded in Plat Book 5, at Page 4
�g t11P P11h1 i p Rann1'lic of nnAiz P'niin+-s.' EI=4dr7a .
Legal Description
Legal Description
t1309
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
Lots 5, 8, 9 and 12, Block 8, Miramar, according to,the Plat thereof,
recorded in Pl-at Book 5, at Page 4 of the Public.Records of Dade
County, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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 i2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Tibor Hollo — 100% Shareholder of Synchron Parking Systems, Inc.
Synchron Parking Systems, Inc. is 100% owner of property.
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question'i2, and (b) located within 375 feet of the subject
real property.
Lots 6, 7, 10 and 11, Block 8 of the Third Amended map of Miramar,
a subdivision of Dade County, ccording to the Plat thereof,
as recorded in Plat Book 5 Page the
eAV
lic Records of Dade
County, Florida.
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Phillip A. Ya f f a , being duly sworn, deposes and says that he
is the (Please Print) (dMim) (Attorney for Owner) of the real property described in
answer to question 01 above; that he has read the foregoing answers and that the same
are true and complete and (if acting as attorney for ) that Jhas authority to
execute the disclosure of Ownership fora an owner -A
SWORN TO AND SUBSCRIBED
before as this
day of 19
MY COMMISSION EXPIRES:
7PUBLIC
NOTARY S
EEN CROGAN
[bN:OTARY STATE OF FLORIDA
ON NO. CC343462
ON EXP. FEB. 26,1998
(SEAL)
for Owner
Public, State of Florida f large
KATHLZ&i"K JC
1309
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 6, 7, 10 and 11, Block 8 of the Third Amended map of Miramar,
a subdivisiorr-vf Dade County, Florida, according .to the Plat thereof,
as recorded in Plat Book 5 at Page 4, of the Public Records of Dade
County, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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 i2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Tibor Hollo — 100% owner
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question f2, and (b) located within 37S feet of the subject
real property.
Lots 5, 8, 9 and 12 Miramar, according to the Plat thereof,
recorded in Plat Book 5, at Page 4 of Public Reocrds of Dade
County, Florida.
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Tibor Ho 1 l o , being duly sworn, deposes and says that he
is the (Please Print) (Owner) (Attorney for Owner) of the real property described in
answer to question /l above; that he has read the foregoing answers and that the save
are true and complete and (if acting as attorney for owner) that he has authority to
execute the disclosure of Ownership fore on behalf of the owner.
(SEAL)
Signature of Owner or Attorney for Owner
SWORN TO AND SUBSCRIBED
before me this
day of Asc. 1
MY COMMISSION EXPIRES:
OFFICIAL N ARY SEAL
KATNLEEN CROGAN
WOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC343462
MY COMMISSION EXP. FEB. 26,1998
No ry Public, State of Flor at Large
KA11M EF.N O�2k X�.�.
/3
11309
9. The present zoning R4 is not allowed for the flexibility or intensity of use"envision as part of
the Omni Redevelopment Plan. The present zoning is restricted and it only permits residential and
some hotel use. The Omni Redevelopment Plan proposes intense use and mixed -use including
residential, retail and- office. A need for this type of mixed -use development within the Omni
redevelopment area is clearly demonstrated in the Omni Redevelopment Plan Report prepared in
1988. The current status of the Omni Redevelopment Plan is that the City and County
Commission continue to negotiate on the creation of the Tax Increment District. This project
would implement a portion of the plan and would be completed without the cost of public
assembly and condemnation of properties. The proposed development is immediately adjacent to
the Omni and within one City block of the Metromover.
10. The proposed zoning designation as SD-6 is a logical extension of the zoning on the Omni
site. The Omni Redevelopment Plan as well as the amity of Miami Comprehensive Plan suggest
that high intensity mixed -use development is appropriate in the Omni area. Site has been
assembled by the developer and upon designation as SD-6, the developer will immediately begin
a preparation of plan, specifications and permitting through the Major Use Special Permit process
in the City. This proposed development will add significantly to the Tax Increment Financing that
will ultimately be used to support the Performing Art Center. Intense development within the
service area of the Metromover will reduce street congestion and pollution within the Downtown
area; will accomplish urban infill and avoid the extension of infrastructure; and will result in
rebuilding the adjacent streets so that flooding no longer occurs.
14 -
11309
Mr. George E. Barket offered the following Resolution
and moved its adoption.
RESOLUTION ZB 66-95
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, 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 THE ZONING ORDINANCE NO. 11000, PAGE 23, ARTICLE
4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM
R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO SD-6 CENTRAL
COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTY LOCATED
AT 1744/56 NORTH BAYSHORE DRIVE, 1783/95 N.E. 4TH AVENUE
AND 407 N.E. 17TH TERRACE LEGALLY DESCRIBED AS LOTS 5, 6,
7, 8, 9, 10 AND 11, BLOCK 8, MIRAMAR SUBDIVISION (5-4)
PUBLIC RECORDS OF DADE COUNTY; ZONED R-4 MULTIFAMILY
HIGH -DENSITY RESID NTIAL.
Upon being seconded by Ms. Gloria Basila
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Barket, Crespo and Milian.
NAYES:
ABSENT:
M ssrs.
Messrs.
Carman and Moran-Ribeaux.
Luaces and Hernandez.
Ms. Fernandez: Motion carries 6-2.
June 19, 1995
Zoning Board
Item# 3
15
S=i 2210. N AM =Wn� Qr n1 M CErr 03jMMMM .
Whm pertniniDg to the remoning of lard fader anplica inn made ceder section 2202.1(e), the
report and recomoa ration of the Toning Board shall show that the Zooij* Board has studied and
considered, where applicable, whether or not:
(a) The proposed d=P =do= with the adopted Miard CosprdU=ive Neighborhood Plan
and does not require a plan ammm mmt;
(b) The I I I dmW is in tmn=W with the established land use pattern;
(c) 'fie proposed dmoge is related to djaasnt and herby districts;
*fie d=W ng estd is not out of scale with the nook of the neighborhood or the
may;
(e) 'fie prof - I disye MIZZ-+m the Sees cc similar popnletian dso dty pattern and
thereby does not iaeresse or overtax the lad an public facile tism such as schoo}s,
utilities, streets, etc.;
(f) Bdstiag district bandarim are illogically dram in ter stim to e3dstiag
condi foes on the prWarcy p—ed for drmn e;
CS) Ohm@md oe dmnging conditions ado the passage of the proposd dm p necessary;
(h) The proposd chmW positively iaflusross livtg aooditIms in the nei#rboeiood;
(1) 'fie pcapoed dwo has the sans oc similar ispect on traffic and does not affect
public safety to a smom extent thm the adstimg elaesificatian;
(j) The proposd dmW has the soar or similar impeet m dmI mge as the edstiag
classification,
(k) the proposd dmW hm the same or similar impact m U& and air to djace t
areas as the adatiq claseifirat1m;
(1) 'fie propoed dmV bm the sew m similar ispeet on property vebcee in the
adjecom are as the am sting classification;
(m) 'fie proposd die will ooatributs to the ioptvYnssot ae develapamat of adjacent
property in accord with mdsti% rapdatiaos;
(a) 'fix proposed dump amweys the same treoeeot to the iadividnal goer as to arecsrs
within the sax classification sod the iamdiab area ad fucthms the protection
of the public welfare;
(o) crone an substantial remms thy the use of the property is unfairly limited order
edstiag zmiag;
(p) It is difficLdt to find other ak quets sits in the masoumding arse for the
proposed use in districts already permdttlM such use.
(2!MM) Aker avaideriag the factor set forth in Section 2210 of 0rdimm 11000, I m*m that
eta—�� (agsda item 3 ) be reoa�oa.d to the CLty ChwArs for
• (arptwal9(dsdal).
��j 11309
TUE JUL 11 1995 D: FINAL
SECTION: LOCAL PAGE: 1B LENGTH: 16.29" MEDIUM
ILLUST:
SOURCE: DEXTER FILKINS Herald Staff Writer
DATELINE:
MEMO:
HOMELESS EFFORT WINS A $12 MILLION PAT ON THE BACK
Dade's cutting -edge plan to help the homeless won a big endorsement
Monday when federal officials awarded it nearly $12 million. The $11.8
million grant is enough to provide shelter and treatment to as many as 1,000
people next year.
The money will go to seven Dade nonprofit groups that help some of the
estimated 6,000 local people who live on the streets. About $5.1 million will
go toward renovating apartments to provide permanent housing. The remaining
$6.7 million will go for temporary housing, which often includes counseling,
treatment and other services.
"Our efforts to help the homeless are attracting not only recognition,
but also lots of dollars," said Metro Commissioner Alex Penelas, who has led
county efforts.
The grants were part of $900 million handed out Monday to homeless
organizations nationwide by U.S. Secretary for Housing and Urban Development
Henry Cisneros. That's the highest amount in federal history. The money went to
818 projects in 228 communities. Dade officials said the grants illustrated
Washington's strong support for the homeless program.
The first of its kind in the nation, Dade's program draws on a half -cent
sales tax at large restaurants to help support efforts to keep people off the
streets. Nearly half the $26 million earmarked Monday for Florida is headed for
Dade. "The word is out in Washington that there is a public -private
partnership that works in Miami," said Alvah Chapman, president of Community
Partnership for the Homeless and former chairman of Knight-Ridder Inc.
The $11.8 million will go to seven local groups: Carrfour Housing Corp.,
the Miami Beach Community Development Corp., the Salvation Army of Dade County,
Fellowship House, Bayview Center for Mental Health, Northwest Dade Center and
the Christian Community Service Agency.
At the Bayview Center for Mental Health, workers welcomed the hard-won
federal money. Yezid Arango, the director, said his organization would use it
for drug treatment -- a problem that afflicts as many as 75 percent of homeless
people.
"Few facilities treat both mental illness and drug addiction," he said.
"We hope to be able to."
ADDED TERMS: mi and homeless commission
END OF DOCUMENT.
11309
Prepared by: A. Vicky Leiva, Esq.
Eckert Seamans Cherin & Mellott
701 Brickell Avenue, Suite 1850
Miami, Florida 33131
Space Reserved for Clerk
DECLARATION OF RESTRICTIVE COVENANTS
7A
This Declaration of Restrictive Covenants (the "Declaration") made this day of
N 1995, by Tibor Hollo, an Individual, and Synchron Parking, Inc., a Florida
corporation (jointly hereinafter referred to as the "Owner"), 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 Owner holds fee -simple title to certain Property in the City of Miami,
State of Florida (the "City"), located at 1744-1756 N. Bayshore Drive, 1783-1795 N.E. 4th
Avenue, and 407 N.E. 17 Terrace, Miami, Florida, and legally described as:
LOTS 5,6,7,8,9,10,11 and 12, BLOCK 8, MIRAMAR SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 5, at Page 4 of the Public
Records of Dade County, Florida.
(the "Property"); and
WHEREAS, the Owner is presently an applicant before the City of Miami City
Commission for a change of zoning classification from R4 Multi -Family Residential to SD6
Central -Commercial Residential District (the "Change of Zoning") on the Property; and
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed in accordance with the provisions of this Declaration;
24168.1
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall
Stib�m!tted ao too Qu)"-,Jc
tleccr� in k"onn"chin with
item L- y on
tp2-6- Y aker F emn
11309 CityCleric
be subject to the following restrictions that are intended and shall be deemed to be covenants
running with the land and binding upon the Owner of the Property, and its heirs, successors and.
assigns as follows:
Section L 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. Use of Property. The principal use of the Property shall be for residential
development consisting of two towers containing 274 and 436 residential units and a third tower
consisting of either a hotel or a residential building, containing 404 units.
Section 3. Ancillary Use. Ancillary retail -commercial space not to exceed 14,000 sq.
ft., and 100,000 sq. ft. dedicated to the following allowable uses: art galleries, museum
libraries or rehearsal room for performing arts organizations and other cultural uses, theaters
other than drive-in, offices, studios or laboratories, educational institution of a business,
professional or scientific nature, private clubs, lodges, fraternities and sororities, religious and
other similar uses; post -secondary public or private educational facilities.
Section 4. View Corridors. The residential towers and the all suite hotel shall be
aligned in an east west of the Property direction in order to accommodate view corridors for
properties to the west and to take maximum advantage of view of Biscayne Bay.
Section 6. Floor Area Ratio. The Owner agrees to the maximum Floor Area Ratio
(FAR) permitted under the SD6 zoning district.
Section 7. Major Use Special Permit. The Owner further agrees to submit to the City
a Major Use Special Permit application which will reflect the limitation herein incorporated in
this covenant.
24168.1
6A
11309
Section 8. Effective Date. If the City of Miami Commission approves the Change of
Zoning as requested, and after said approval has become final and non -appealable, this
instrument shall be recorded in the Public Records of Dade County upon final approval by the
State of Florida Department of Community Affairs and shall constitute a covenant running with
the title to the Property and shall be binding upon Owner, its successors and assigns. These
restrictions shall be limitation upon all present and future owners of the Property and shall be
for the public welfare.
Section 9. 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 Commission after a public hearing
which public hearing shall be applied for and at the expense of the Owner. Should this
instrument be so modified, amended or released, the Director of the City's Planning Building
and Zoning Department or his successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or release.
Section 10. Term of Covenant. This voluntary covenant on the part of the Owner shall
remain in full force and effect and shall be binding upon the Owner, its successors and assigns
for an initial period of thirty (30) years from the date this instrument is recorded in the public
records of Dade County and shall be automatically extended for successive period of ten (10)
years thereafter or until the obtainment of a Certificate of Occupancy upon completion of all
phases for the Miramar project, whichever occurs first, unless modified, amended or released
prior to the expiration thereof. Upon the issuance of the Certificate of Occupancy, this
24168.1 -3-
11309
Covenant shall automatically be released by the City, without further action required by the City
Commission.
Section 11. Inspection and Enforcement. It is understood and agreed that any official
inspector of the City of Miami may have the right any time during normal working hours of
entering and investigating the use of the Property to determine whether the conditions of this
Declaration and the requirements of the City's Building and Zoning Regulations are being
complied with. An enforcement action may be brought by the City or by any property owner
within 375 feet of the property by action in law or in equity against any parry or person violating
or attempting to violate any covenants of this Declaration, or provisions of the building and
zoning regulations, either to restrain violations or to recover damages. 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 12. 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
force and effect.
Section 13. Recording. This Declaration shall be filed of record among the Public
Records of Dade County, Florida, at the cost of the Owner.
24168.1
Q
11309
IN WITNESS WHEREOF, the undersigned have set their hands and seals thisLday
of , 1995.
WITNESSES:
' -c-E'" tea,.
STATE OF FLORIDA)
COUNTY OF DADE )
1995,
TIBOR HOLLO
SYNCHRON PARKINCA INC.
Vice -President
r++
The foregoing instrument was acknowledged before me thi� day of S?_=P7,—_mP
by Tibor Hollo, who is Rg§onall known to me or who has produced
as identification and who did (did not) take an oath.
OFFICIAL NOTARY SEAL
KATHLEEN CROGAN Name:
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC343462 Commission No.:
MY COMMISSION FXP. FEB. 26,t9S8 Notary Public, State of Florida at Large
My Commission Expires:
STATE OF FLORIDA
COUNTY OF DADE
�l The foregoing instrument was acknowledged before me this day of
1994, by Phillip A. Yaffa, Vice -President of SYNCHRON PARKING, INC. who is personall
known to me or has produced s identification (did not) take an oath.
OFFICIAL NOTARY SEAL Name:'� 4.,Z`�iJ.7ts
KATHLEEN CROGAN
NOTARY PUBLIC STATE OF FLORIDA Commis ion No.:
COMMISSION NO. CC343462 NOtary btic
MY COMMISSION EXP. FEB. 2E,,1998
State of Florida at Large
My Commission Expires:
24168.1
-5-
11309
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of Synchron Parking, Inc., desires to enter into an
agreement with the City of Miami entitled Declaration of Restrictive Covenant.
WHEREAS, the Board of Directors of Synchron Parking, Inc. has examined terms,
conditions and obligations of the proposed Agreement with the City; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
Synchron Parking, Inc. that the Vice -President is hereby authorized and instructed to enter into
said agreement in the name of and on behalf of this corporation with the City of Miami in
accordance with the terms and conditions of the Declaration of Restrictive Covenants.
IN WITNESS WHEREOF, this day o „ 1 , 1995.
Attest:
Corporate/Secretary
O,g,j i-
24168.1
In
11309
OPINION OF TITLE
TO: CITY OF MIAMI, FLORIDA
With the understanding that this opinion of title is furnished
to City of Miami, Florida, and as an inducement for acceptance of
a proposed Declaration of Restrictive Covenants covering the real
property hereinafter described, it is hereby certified that I have
examined the complete Abstract of Title* covering the period from
the beginning to September 14, 1994, together with Attorney's Title
Insurance Fund, Inc. ATIDS computer update from September 14, 1994
to September 21, 1995 at 11:00 p.m. as to Parcel A; and a complete
Abstract of Title* covering the period from beginning to June 12,
1980, together with Attorneys' Title Insurance Fund ATIDS computer
update from June 12, 1980 to September 21, 1995 at 11:00 p.m. as to
Parcel B, inclusive, of the following described real property:
SEE EXHIBITS "A" (Parcel A) and "B" (Parcel B)
Basing my opinion on said complete abstracts and ATIDS updates
covering said period I am of the opinion that on the last mentioned
date the fee simple title to the above -described real property was
vested in:
A. SYNCHRON PARKING SYSTEMS, INC., a Florida limited
partnership, as to the property described in Exhibit A. (Parcel A)
B. TIBOR HOLLO, as to the property described in Exhibit B.
(Parcel B)
Subject to the following liens, encumbrances, and other exceptions:
GENERAL EXCEPTIONS As to Both Parcels A & B:
1. Taxes for the year of the effective date of this policy
and taxes or special assessments which are not shown as
existing liens by the public records.
2. Encroachments, overlaps, boundary line disputes, and any
other matters which would be disclosed by an accurate
survey and inspection of the premises.
3. Easements or claims of easements not shown by the public
records.
4. Any adverse ownership claim by the State of Florida by
right of sovereignty to any portion of the lands insured
hereunder, including submerged, filled and artificially
exposed lands, and lands accreted to such lands.
*(which term for the purpose hereof means and refers to Owners Title Insurance
Policy Number OPM-971087 dated September 14, 1994, issued by Attorneys' Title
Insurance Fund, Inc. as to Lots 5, 8, 9 and 12, Block 8, (Parcel A] and Owner's
Title Insurance Policy Number 870-OP-600068, dated June 12, 1980, issued by
Safeco Title Insurance Company as to Lots 6, 7, 10 and 11, Block 8 (Parcel B]
11309
OPINION OF TITLE
City of Miami, Florida
Page 2
5. Any unrecorded labor, mechanics' or materialmens' liens.
6. Zoning and other restrictions imposed by governmental
authority.
7. Any lien provided by Chapter 159 of the Florida Statutes,
or provided by Metropolitan Dade County Ordinance No. 84-
10 in favor of any city, town, village, or port authority
for unpaid service charges for service by any water
systems, sewer systems, or gas systems serving the land
described herein.
SPECIAL EXCEPTIONS:
S. As to the property described in Exhibit "A":
a. Plat of MIRAMAR according to the Plat thereof, as
recorded in Plat Book 5, at Page 4, of the Public Records
of Dade County, Florida.
b. Dade County Board of Commissioners Resolution No. R-987-
89 for Metromover Stage 1, recorded in Official Records
Book 14258, at Page 2399, of the Public Records of Dade
County, Florida.
C. Dade County Board of Commissioners Resolution No. R-824-
91 for Metromover Stage 1, recorded August 28, 1991 in
Official Records Book 15168, at Page 2413, of the Public
Records of Dade County, Florida.
d. Dade County Board of Commissioners Resolution No. R-854-
92 for Metromover Stage 1, recorded August 7, 1992 in
Official Records Book 15615, at Page 1652, of the Public
Records of Dade County, Florida.
e. Dade County Board of Commissioners Resolution No. R-1029-
93 for Metromover Stage 1, recorded August 27, 1993 in
Official Records Book 16035, at Page 3996, of the Public
Records of Dade County, Florida.
f. Dade County Board of Commissioners Resolution No. R-1261-
94 for Metromover Stage 1, recorded August 16, 1994 in
Official Records Book 16478, at Page 1048, of the Public
Records of Dade County, Florida.
g. Dade County Board of Commissioners Resolution No. R-1121-
95 for Metromover Stage 1, recorded August 4, 1995 in
Official Records Book 16872, at Page 1634, of the Public
Records of Dade County, Florida.
9. As to the property described in Exhibit "B":
a. Plat of MIRAMAR according to the Plat thereof, as
11309
OPINION OF TITLE
City of Miami, Florida
Page 3
recorded in Plat Book 5, at Page 4, of the Public Records
of Dade County, Florida.
b. Dade County Board of Commissioners Resolution No. R-987-
89 for Metromover Stage 1, recorded in Official Records
Book 14258, at Page 2399, of the Public Records of Dade
County, Florida.
C. Dade County Board of Commissioners Resolution No. R-824-
91 for Metromover Stage 1, recorded August 28, 1991 in
Official Records Book 15168, at Page 2413, of the Public
Records of Dade County, Florida.
d. Dade County Board of Commissioners Resolution No. R-854-
92 for Metromover Stage 1, recorded August 7, 1992 in
Official Records Book 15615, at Page 1652, of the Public
Records of Dade County, Florida.
e. Dade County Board of Commissioners Resolution No. R-1029-
93 for Metromover Stage 1, recorded August 27, 1993 in
Official Records Book 16035, at Page 3996, of the Public
Records of Dade County, Florida.
f. Dade County Board of Commissioners Resolution No. R-1261-
94 for Metromover Stage 1, recorded August 16, 1994 in
Official Records Book 16478, at Page 1048, of the Public
Records of Dade County, Florida.
g. Dade County Board of Commissioners Resolution No. R-1121-
95 for Metromover Stage 1, recorded August 4, 1995 in
Official Records Book 16872, at Page 1634, of the Public
Records of Dade County, Florida.
h. Restrictive covenants contained in Warranty Deed from
MIRAMAR COMPANY, a Florida corporation, as follows:
1. As to Lot 6, dated February 23, 1921, recorded
December 30, 1921 in Deed Book 275, at Page 439.
2. As to Lot 7, dated February 1, 1919, recorded
February 3, 1919 in Deed Book 186, at Page 86.
3. As to Lot 10, dated December 13, 1916, recorded May
19, 1917 in Deed Book 172, at Page 4.
4. As to Lot 11, dated February 1, 1919, recorded
February 15, 1919 in Deed Book 186, at Page 124.
i. Covenant in favor of the ARCHDIOCESE OF MIAMI through
DOM, INC., contained in that certain Warranty Deed from
DOM, INC., to MOE BROWARNIK, dated April 4, 1979,
recorded April 20, 1979, Official Records Book 10368, at
Page 1674; which Warranty Deed was re -recorded June 19,
11309
OPINION OF TITLE
City of Miami, Florida
Page 4
1979, Official Records Book 10428, at Page 1678.
Therefore, it is my opinion that the following parties must
join in the Declaration of Restrictive Covenants of the above
described real property in order to grant City of Miami, Florida,
and the public, enforceable restrictions as set forth in the
Declaration encumbering the property described in Exhibits "A" and
"B".
NAME
Synchron Parking Systems, Inc.,
a Florida corporation
Tibor Hollo
INTEREST
Fee Simple as to Parcel "A"
Fee Simple as to Parcel "B"
I, the undersigned, further clarify that I am an attorney -at -
law duly admitted to practice in the State of Florida, and a member
in good standing of the Florida Bar.
Respectfully submitted this day of September, 1995.
ROSENTHAL, ROSENTHAL & RASCO
By:
. R L, ESQ.
1031 orth Miami Beach Blvd.
North Miami Beach, FL 33162
3/real\synchron.op
11309
EXHIBIT "A"
PARCEL A
LEGAL DESCRIPTION
That certain piece or parcel of land situate, lying and being in
Dade County, Florida, more particularly described as follows, to -
wit:
Lots 5, 8, 9 and 12, Block 8, MIRAMAR, according to the
plat thereof, recorded in Plat Book 5 at Page 4 of the
public records of Dade County, Florida, being more
particularly described as follows:
Begin at the Northeasterly corner of said Lot 5, said
point being on a circular curve whose radius point bears
North -80002' 05" West for 1277.60 feet; the following five
(5) courses being along the Easterly line of said Lots 5,
8, 9 and 12, also being along the Westerly right-of-way
line of North Bayshore Drive; (1) thence Southwesterly
along said circular curve leading to the right through a
central angle of 06058127" for an arc of 155.51 feet*to
a Point of Compound Curvature; (2) thence Southwesterly
along a 107.78 foot radius curve leading to the right
through a central angle of 17046156" for an arc of 33.45
feet to a point of compound curvature; (3) thence
Southwesterly along a 583.96 foot radius curve leading to
the right through a central angle of 0600811611 for an arc
of 62.56 feet to a point of compound curvature; (4)
thence continue Southwesterly along a 335.13 foot radius
curve leading to the right through a central angle of
09050102" for an arc of 57.52 feet to a Point of
Tangency; (5) thence South 50041' 36" West for 14.77 feet
to a point of curvature; thence Southwesterly and
Northwesterly along a 73.82 foot radius curve leading to
the right through a central angle of 7801213311 for an arc
of 100.76 feet to a point of tangency; thence North
51005'4011 West along the Southerly line of said Lot 12
also being the Northerly right-of-way line of NE 17th
Terrace for 200.13 feet to the Southwesterly corner of
said Lot 12, said point also being on a circular curve
whose radius point bears North 45044103" West for 558.00
feet; thence Northeasterly along the Westerly line of
said Lots 12, 9, 8 and 5, and along said circular curve
leading to the left through a central angle of 26018133"
for an arc of 256.22 feet to the Northwesterly corner of
said Lot 5; thence South 76022126" East along the
Northerly line of said Lot 5 for 266.72 feet to the Point
of Beginning;
All of the above lying and being in Section 31, Township
53 South, Range 42 East, City of Miami, Dade County,
Florida.
11309
EXHIBIT "B"
Parcel B
Lots 6, 7, 10, and 11, Block 8, of the THIRD AMENDED MAP
OF MIRAMAR, a subdivision of Dade County, Florida,
according to the Plat thereof, as recorded in Plat Book
5, at Page 4, of the Public Records of Dade County,
Florida.0
11309
MIAMI DA
Published
STATE OF FLORIDA
COUNTY OF DADE:
Before the under
Octelma V. Ferbeyr
Supervisor, Legal
Review Vk/a Miami R
and Legal Holidays)
County, Florida; the
being a Legal Advert)
CITY OF
ORDINAN
In the ...................
was published in
Oct 27,
Affiant further sal
Review is a newsy
County, Florida, and
been continuously
each day (except Be
has been entered a
office in Miami In so
one year next prec
copy of .advertiseme
neither pal"or pro
any disc t, rebate,
of sec In his adv,,
now
MY OF M1 gL �,k_
L A4 M E mN /OF THE CITY bF MAW, nbpm)k
- ' SECTK>wF <401, OF RICT
AN wed Parsons w� too (to" tilt on tAa 281h day mil Septm(bu; Ely' CHING- ANGTHE ZSif" �0ASS16
1I!!5, tha IIr�Orr of Muhl. Ronda, adapted ul re 1iellarsrig sod FgC/! R� INULTIPAR Y i#KiFi-DEf161T11' RED
CE1N �FrAL-+ r
arlirrarresas `
ENn Sp,$
D THE PROPERTY LOCATED AT 17'441M NORTH
OIkCOL#J tE NCL #1305
BAY DRIVE, 1110 -NORTHEAST 41H ATIENIjE ANDr
AN E flEFIN1N8 -AND - DESIGIii41 MO -THE
407 17TH"TERRACE, MIAMI, FLOPJPA, AND BY
"
TERRI 6ftoL LIMITS FOR im CITY OF mma FoR THE
THE NECESSARY CH A NGISS ON PAGE ND• 23
PURPOSE OF TAXATION; FIXING THE MILLAOE AND
OF ING ATLAS;. CONTAINNG A REPEALER PROM-
LEVYING'TAXES IN THE CITY OF BIwc FLORIDA, FOR 'TIE
SION SEVERASLrrYCLAUSE.
FISCAL YEAR BEONNill OCTOBER 1, 1996 AND ENDING'
-
SEPTEMBER 30, 1996; CONTAINING A 0EVERASILITY
1T
0 K' NO.11318
CLAUSE.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
THE. COMPREHENSIVE NEIGHBORHOOD FLAN FOR THE
QRDD ANCE NO, ,13304
PROPERTY LOCATED AT 3711-13 SOUTHWEST.' 27TH
AN ORDINANCE MAKING APPROPPMAT IONS FOR THE FISCAL
STREET, BY CHANGING THE LAND USE DESIGNATION FROM
YEAR, ENDING SEPTEMBER 30; 1996; CONTAINING A
DUPLEX RESIDENTIAL TO RESTRICTED COMMEINICIAL; .
REPEALER PROVISION AND A SEVERASILiTY CLAUSE.
MAKING FINDINGS, 447RUCTING THE TRANSMITTAL OF A
COPY. OF ' THIS ORDINANCE TO " AFFECTED AGENCIES;
ORDINANCE NO.11305 _ _
CONTAINING A REPEALER PROVISION AND A S€VERABILI Y
AN ORDINANCE; ; WITH ATTACHMENT, RELATED TO
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL
LJMITE OF THE DOWNTOWN. DEVELOPMENT DISTRICT OF
ORa1lLbiCE NO.11311
THE CITY OF MIAMI, FLORIDA; FIXING THE _MILLAGE 'AND
AN ORDINANCE AMENDING THE ZONING ATLAS OF "THE ",
LeAV#G TAXES. IN ..SAND DOWNTOWN DEVELOPMENT
ZONING .ORDINANCE OF ?FIE .CTTY OF. MIAMI, FLORIDA,
DIST%11 f FOR Ti1E YEAR BEGINNING OCTOBER 1,
ARTICLE 4, SECTION 401, SCHEDULE OF . DISTRICT
tAND ENDI 99S NG' 30, 1996; AT FIVE -TENTHS
REGULATIONS, BY CH4,00ING THE..-ZONING.:CLASSI-
(.5)IyUL21$ ON THE DOLLAR -OF NONEXEMPT ASSESSED
FK;ATION FRQIA R•2 11ArO-FAM)LY RESIDENTIAL TO C-1
VALUE OF: ALL REAL AND PERSONAL PROPERTY IN SAID
RESTRICTED COMMERCIAL FOR THE PROPERTY LOOATED
DISTRICT; FIOYIDIN6 THAT SAID MLLAGE AND 14-11115 TAXES
AT 3711-13 SOUTHWEST .27TH STREET, MINI, FLORIDA,
SHALL BE #i ADDITION TO THEFIX ;ING OF THE MCLAGE
EXCEPT FOR A 1' STRIP ALONG THE VYESTERN BOUNDARY:_
AND THE LEVYING OF TAXES: V1 THE TERRITORIAL
LINE; AND BY MAKING ALL THE NECESSARY CHIANGES.ON
LIMITS OF T1H1E CITY OF MIAMI AS REFLECTED IN THE MY'S -
PAGE NO. 42 OF SAID- ZONING ATLAS; CONTANBNG A
MILLAGE LEVIY -DRDINANCE FOIR- THE AFORESAID FISCAL
REPEALER PROMS MAND A SEVERADILTTV CLAUSE.
YEAR WHICI+* REQUIRED BY CrTY C1HARTER SECTION 27;
PROVIDING TMMT THE FIXMiG OF THE Mq:LAC3E AND.
, ORDMNANCE NM 11312 '
HEREIN SE ADDITION TO--
LEVYING OFIN
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE
,TAXES
'SPECIAL ASS MENTS; PRENf1E� T HAT' THIS: ORDIN-
ZONING ATLAS OF` ZONING ORDINANCE NO. 11000, FOR „ .
ANCE SHALL " NOT BE D AS . ALL4, OR
THE PROPE#VIE$ LOCATED WITHIN THE WYNWOOD
AMOM4 ANY OTHER OROINAA FIXINS MLLAGGE OR
FOFEIGN TAAD£'ZONE, MIAMI, FLORIDA, BY CHANGING THE
LEVYING TAXES, BUT SHALL BE.'Di041E0 SEIPPtEIMEN'TAL
ZONING CLASSIFICATION OF -SAID AREA FROM R-3
AND- IN ADDITION THERETO;. CONTAINING A REPEALER
MULTIFAMILY ` MEDIUWDENSITY RESIDENTIAL ` TO I.
,PROVISION, SE�IEftABIL.TTY CLAUSE AND'PROVIDING FOR:
IN VIAL; CONTAINING A REPEALER PROV06N AND
AN EFFECTIVE DAM
SEVEH3ABIl RY CLAIISC AND PROVIDING FOR AN,
EFFECTIVE DATE
ORDINANCE NO.11306
AN ORDINANCE MAKING APPROPRIATIONS' FROM THE
OIitDINANCENla:a1313 -
DOWNTOWN DEVELOPMENT DISTRICT AD, VALOREM TAX
AN ORDINANCE, WITH ATTACHME"-S), AMENDING THE
LEVY AND '-OTHER 'NHSCI=LLANEOI}S lNC<MAE. ,FOR THE
ZONING ATLAS OF ZONING ORDINANCE NO. 11000, FOR
DOWNTOWN DEVELOPMENT AUTHORITY. OF THE CITY OF
THE PROPERTIES., LQFATECL WrrM' = THE WYNWOOD
MIAMI, FLORIDA, FOR T14E FISCAL YEAR BEGINNING
FOREIGN TRADE ZONE, MIAMI, FLORIDA, BY CHANGING THE '
OCTOBER 1, 1996 . AND ENDIW_ $EPTIEMSE4``30, -t906:
ZONING CLASSIFICATION OF SAID AFIEA'FROM C-2 i-IBERAL
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTH'-
COMMERCIAL TO 14NW4STRLAd `.£pfFFI, WING A REPEALER
OR(TY TO INVITE OR ADVERTISE REQUIRED BIDS:.
PROVISION AND. SEVEAABL1tY GAND, PROVIDING
PROVIDING' FOR BUDGETARY FLEXIBILITY; :PROVIDING
FOR AN EFFECTIVE DATE.
THAT THIS ORDINANCE BE DEEMED SUPPLCMENTAL AND IN
ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS
OR®II�MNE Np.11314
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, I'M AND
AN ORDINANCE"'AME[ OM -THE ZONING ORDINANCE BY
ENDING SEPTEMBER 30, 1'1I96 FOR THE OPERATIONS FOR
AMENDING ARTICLE 9, "GENERAL AND SUPPLEMENTARY
THE; CITY OF MIAMI; CONTAINING A REPEALER PROVISION,
REGULATIONS,' TO POH11811T VARIANCES FROM REQUIRED
SEVERABILI'TY CLAUSE AND PROVIDING FOR AN EFFECTIVE
VISIBILITY TRIANGLE$ A} , NTERSECTIONS; CONTAINNQ A
DATE.
REPEALER PRMSK*N AND-A-SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTLV€ DATE,
ORDINANCE -NO. 11307
AN EMERGENCY 'ORDINANCE AM€NDING:SECTIONS 1, 3. 5
_ O N�EMO.11315'
AND 6 OF ORDINANCE NO. 11180; THE ANNUAL APPRO-
AN ORDINANCE: AMENDING ORDINANCE NO. 11000, AS
PRIATIONS ORDINANCE, ADOPTED SEPTEMBER 22, 1994
AMENDED,, THE_ ZONING OPbNANCE, OF THE CITY OF.
FOR FISCAL.YEAR ENDING SEPTOADER 30, 1995, FOR THE
,: teECf10N -80�3, 'SD B BISCAYNE
PURPOSE OF INCREASING SAID •'APPROPRIATIONS REL-
BOULEVARD NORTH SAY DtSTM1ACT," BY ADDING AND
ATING TO OPERATIONAL REOUWENIENTS AND OTHER
+' a.: MODIFYING REGUATIQN'dt 4WAlAA111lXNG_ ONSITE'-SOGNS
BUDGETARY ADJUSTMENTS REOUIRED FOR THE FY195
` 1A ABOVE A HEIGHT OF FWfaN t15) FEET ABOVE GRA
SUDGET AS MORE PN1TICULAFt<Y, HEREIN,
AI DI tilt IIMENDMIf# SECTION w.t6 'LwATioNS
CONTAINING A REI R PFI,Ai A_SEVERAAftJTY
QVISKiI
ON9rtE SIGNS ABOVI�-AINEIGHT OF FIFTY (60) FEET.
CLAUSE.
GRADE,' TO ADD A't'r�'L.AUSE REFERENCMIG S
FOR THE SD 9 SPECIAL. DISTRICT; ' LONTA
PROVISION AND A:SEVERABILrTY CLAUSE,
��NG
AN ORDINANCE AMENDINI�i THE � U5E MAP'OF
FOR AN �t_VE DATE.
.THE COMPREHENSIVE.. PLAN FOR ,THE.
,
PROPERTY LOCATED At 17�Ui786 _NORTH BNY
SW ad nences may be Inspected by.ttis puWic.at the OIll d�+e City
DRIVE, 17831/795 NORTHEAST' 4tTH' AVENUE AND. 407
Clerk, 3500 Pan Americar► Dike, Miami; Florida, Ma_ely 1h p Friday,
NORTHEAST 17TH'TERRACE; SY CHAMING THE LAH
�4fg h0Ways, botow Ws hours m S a.m. and 5 p.m. a�
DESIGNATION' FROM" HM DENBIt Y MULTI -FAMILY �-
ENTIAL Tao RESTRICTED COMMERCIAL; MAKING ;
INSTRUCTING THE TRANSMITTAL OF A' COPY `AF
Y.
WALTERJ.FOEAt1AN
�ORDWANCE -TO`A ED AMNC1ES;
Q
CITYC�EfiNf'
REPEALER :PROVISI X AND SEVERABILITY C4_AkW AND
(+M 1)
PROVIDING FOR AN EFFECTIVE DATE.