HomeMy WebLinkAboutO-10726J-90-173
2/28/90
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM RG-
3/6 FOR THE SOUTH 161.3' OF TRACT A
(APPROXIMATELY 596 NORTHWEST 49 AVENUE) AND
RG-1/3 FOR TRACT B (A/K/A 4901 NORTHWEST 5
STREET) TO CR-2/7 RESIDENTIAL COMMERCIAL
(COMMUNITY), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 596 NORTHWEST 49 AVENUE AND
APPROXIMATELY 4901 NORTHWEST 5 STREET, ALSO
DESCRIBED AS SOUTH 161.3' OF TRACT A AND ALL
OF TRACT B, ZULETA, AS RECORDED IN PLAT BOOK
103, AT PAGE 32, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA, AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 31 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, the
Miami
Zoning Board,
at its meeting of
February 12, 1990,
Item No.
6, following
an advertised hearing,
adopted Resolution No. ZB 22-90, by a seven to zero (7-0) 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. 9500, as
amended, the Zoning Ordinance of the City of Miami, Florida, is
hereby amended by changing the zoning classification from RG-3/6
for South 161.3' of Tract A (approximately 596 Northwest 49
Avenue) and RG-1/3 for Tract B (a/k/a 4901 Northwest 5 Street) to
CR-2/7 Residential Commercial (Community), for the property
located at approximately 596 Northwest 49 Avenue and
approximately 4901 Northwest 5 Street, also described as South
161.3' of Tract A and all of Tract B, ZULETA, as recorded in Plat
Book 103, at Page 32, of the Public Records of bade 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
I
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;
(j)
will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property values in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
i
j (m) will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
i
public welfare.
i
Section 3. Page No. 31 of the Zoning Atlas, made a part of
Ordinance No. 9500, as amended, by reference and description of
said Ordinance, is hereby amended to reflect the changes made
necessary by these amendments.
- 2- U10726
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.
PASSED ON FIRST READING BY TITLE ONLY this 22nd day of
March , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 26th day of April , 1990.
XAVIER L. SUAFYZF MAYOR
ATTE S
MAAYH AI
CITY CLERK
PREPARED AND APPROVED BY:
X# AAAA�
L�v
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
n fm
JO$GE 'l,. 'F RNANDEZ
CI ATTOR EY
GMM/rma-f 593
- 3-
010726
M
iTY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
J
TO : Sergio Rodriguez DATE May 22, 1%q,'o '- ; , 'FILE . A-90-101
Director
Building & Zonirjq Department SUBJECT Zoning i MCA'
Tracts A
Zuleta Subdivision
FROM Irma M. Abe11a REFERENCES
.
Assistant City Attorney
EENCLOSURES.
Enclosed please find the original covenant for recordation
on the above referenced matter. Once recorded, please return a
copy to the Law Department to my attention.
IMA/dot/P478
cc: Gloria Fox, Chief
Hearing Boards
Joseph Genuardi, Zoning Administrator
Building and Zoning Department
James J. Kay, Assistant Director
Public Works Department
Guillermo Olmedillo, Deputy Director
Planning Department
Matty Hirai, City Clerk;
Receipt Memo
I hereby acknowledge receipt of the above referenced
covenant from the Law Department.
Received by:
Date:
Please sign receipt and return to Dot Terheyden, Law Dept.
Thank you.
�. lD'7*X 6
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS by MR. GARY SPIRER
AND CAPITAL HILL INVESTMENT COMPANY, a New York General Partner-
ship, the fee -simple owners of the subject property ("Owners"), in
favor of the CITY OF MIAMI, FLORIDA, a municipality of the State
of Florida.
W I T N E S S E T H:
WHEREAS, the Owners control fee -simple title to certain
property (the "Property") in the City of Miami, Florida (the
"City") legally described as:
Tracts A and B, Zuleta Subdivision, Plat
Book 103 on Page 32, public records of
Dade County, Florida.
WHEREAS, the Owners applied to the City of Miami for the
approval of a zoning district boundary change from CR-2/7, RG-3/6
and RG-1/3 to CR-2/7 for the entire Property; and
WHEREAS, Owners seek to provide assurances to the City that,
if said rezoning is approved, the Property will be developed in a
manner that will limit access to and impacts upon adjacent
residential uses; and
WHEREAS, the Owners therefore agree and are desirous of
making a binding commitment to assure that the Property shall be
developed in accordance with the provisions of this Declaration;
Prepared by:
Joseph G. Goldstein, Esq.
Greenberg, Traurig, Hoffman,
Lipoff, Rosen & Quentel, P.A.
122i Brickell Avenue
Miami, Florida 33133
r NOW, THEREFORE, the Owners voluntarily covenant and agree
hat the Property shall be subject to the following restrictions
-hat are intended and shall be deemed to be covenants running with
he land and binding upon the owners of the Property, their suc-
essors and assigns, as follows:
A. Landscaping installation and Maintenance. Prior to
he issuance of a building permit on the Property, the Owner shall
-btain approval of a landscaped buffer plan from the City of Miami
'lanning Department, which plan shall reflect a ten -foot wide land-
-caped buffer (the "Buffer") along those portions of the east and
-outh Property lines adjacent to and along N.W. 49 Avenue, N.W. 6th
street and N.W. 5th Street (the "Rights -of -Way"). Said Buffer will
ontain landscaping and be placed between said Rights -of -Way and
n eight foot masonry wall, which the Owners shall construct at the
,oundary of said ten foot Buffer. The landscaping of the Buffer
-hall be installed in conformity with said landscaped buffer plan
end the Owners, their successors or assigns shall also be respon-
,ible for the permanent maintenance of said landscaping.
[aintenance shall include, but not be limited to, removal of any
fraffiti from the proposed masonry wall and care for all
andscaping within the Buffer. The Owners further agree that, if
t becomes necessary for the City, at the City's discretion, to
aintain said Buffer and wall due to the Owner's failure to do so,
ny reasonable maintenance costs, in an amount not to exceed ten
housand dollars ($10,000) per year, shall be paid by the Owner in
he form of a bond or letter of credit. Said bond or letter of
redit shall be posted by the owners prior to issuance of any
wilding permits on the subject Property. The City shall exercise
is discretion by providing the then Owners with written notice,
2
sent by certified mail, which provides that the City will perform
uch maintenance, unless the then Owners respond to the City within
--thirty ( 3 0) days.
B. Vehicular Access Limitation. No direct vehicular
access for ingress or egress shall be permitted from the Property
to N.W. 49th Avenue, N.W. 5th Street or N.W. 6th Street. Owners
further agree to support and actively participate in any efforts
to close the alley located between Tracts A and B of the Property.
C. Use Limitations. The subject Property will not be
developed with high density multiple family residential
development. In addition, Tract B of Zuleta Subdivision, as
recorded in plat book 103 at page 32, public records of Dade
County, shall be used solely for parking.
D. Voluntary Contribution. The Owners voluntarily agree
to contribute $10, 000 to the City of Miami at the time the applied -
for zoning district boundary change becomes final.
E. Effective Date. Once the above -referenced zoning
approval has become final and non -appealable, this instrument shall
constitute a covenant running with the title to the Property and
be binding upon the Owners, their successors and assigns. These
restrictions shall be for the benefit and limitation upon all pre-
sent and future owners of the Property and for the public welfare.
F. 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 effected by such modification, amendment
or release providing that same has been approved by the City of
Miami City Commission. Should this instrument be so modified,
amended or released, the Director of the Planning Department or his
3
r
successor, shall execute a written instrument in recordable form
Yeffectuating and acknowledging such modification, amendment or
rielease.
G. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
binding upon the Owner of the Property, its successors and assigns
for an initial period of thirty (30) years from the date of this
instrument is recorded in the public records and shall be auto-
matically extended for successive periods of ten (10) years
thereafter or, as long as buildings constructed on the Property in
accordance with the CR-2/7 zoning district regulations remain on
the Property, whichever is longer, unless modified, amended or
released prior to the expiration thereof.
H. Inspection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the right at any time during normal working hours, to determine
whether the conditions of this Declaration are being complied with,
so long as reasonable notice is provided to the fee -simple owner,
its successor or assigns, before said official inspector enters the
Property. An enforcement action may be brought by the City or by
any property owner within 375 feet of the Property and shall be by
action at law or in equity against any party or person violating
or attempting to violate any covenants, either to restrain
violations or to recover damages. The prevailing party in the
action or suit shall be entitled to recover costs and reasonable
attorneys fees. This enforcement provision shall be in addition
to any other remedies available under the law.
I. Severability. Invalidation of any one of these cove-
nants by judgment of Court shall not affect any of the other
4
provisions of this Declaration, which shall remain in full force
and effect.
J. Recording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of >' ' 1 1990.
witnesses:
r'� I
r
STATE OF NEW YORK )
SS:
COUNTY OF - }
GARY SPIRER
1
By:
CAPITAL HILL INVESTMENT
COMPANY, a New York General
partnership
By:
Before me, the undersigned authority, personally appeared
Gary ,Spirer, Owner, who acknowledged on this �j- day of
1990, that he had the authority to execute the
foregoing instrument for the purposes expre sed therein.
MARIA DiCH1ARA
'Notary Public, State of „c: , No. 01.0149399ut
Qualified in Kings Count, NOTARY PUBLIC
Commission Expires Aug.1, % Sta f New York At Large
My Commission Expires: � 1/lli
5
f
i f .
STATE OF NEW YORK j
COUNTY OF fle, Yv�i/� j SS:
Before me, the undersigned authority, personally appeared
A as x %�rr� of Capital hill
T
Investment Company, a New York General Partnership, who
acknowledged on this 7 T day of / , 1990, that he had the
authority to execute the foregoing instrument for the purposes
expressed therein.
My Commission Expires:
iJ 3a Qo
State at--I(ew York At Large
HEWITT 1. RUBEL
MARY PUBLIC, State of Nev York
Na_31.8691100
Coft
W maims in i York
A W7j?
6
a
JOINDER BY MORTGAGE
The undersigned, Southeast Bank, N.A., a Florida corporation,
('Mortgagee"), owner of that certain mortgage from Gary S. Spirer
and Capital Hill Investment Company dated the 15th day of August,
1988, and recorded in Official Records Book 13786, Page 486, of the
Public Records of Dade County, Florida, in the original principal
amount of $525,000.00 covering all/or a portion of the property
described in the Declaration of Restrictive Covenants
("Declaration") attached hereto which has been duly executed by
Gary Spirer and Capital Hill Investment Company, does hereby
acknowledge that the terms of the Declaration are and shall be
binding upon the undersigned and its successors in title.
IN WITNESS WHEREOF, these presents have been executed this
day of ��� , 1990.
SOUTHEAST BANK, N.A., a Florida
corporation
Ana Maria Hernandez,. V i e President
r
Attest:
William W. Lang, Vic President
STATE OF FLORIDA)
ss:
COUNTY OF DADE )
BEFORE ME, the undersigned authority, this day appeared
l`,l..lr �� and !�/,.� '�'�� rrn, �'�� ,ei�� c, , both being to
me well known by me to be the �� `C �1 "�C �1fss�-� _ and
respectively, of Southeast Bank, N.A. , under the
.'.,-;laws of the State of Florida, and said persons are known to me to
be the persons described in and who executed the foregoing
instrument and who, in their official capacities as such officers
of said Corporation, are the said officers of said Corporation who
then and there severally acknowledged to and before me that they
executed the said instrument, acting in their said official
capacities, for and as to the act and deed of said Corporation and
in its name, and impressed thereon its Corporate Seal, for the uses
and purposes therein mentioned, and after being duly authorized and
directed.
WITNESS my hand and official seal at &.Lsi, in the County
and State aforesaid, on this, the _day of A.D.,
19
1�6TARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
NOTARY PUBLIC ST-J'! OF FLGFIrA
MY C0:'4ISSiC1! E:;P.
BONDED THRU GENERAL I1;S. WNJ.
05/10/90VG G/SPI RERJOI
Pzwl-
ZONING FACT SHEET
LOCATION/LEGAL Approximately 596 NW 49 Avenue b Approximately
4901 NW 5 Street
S. 161.3' of Tract A and all of Tract B
Zuleta (103-32)P.R.D.C.
APPLICANT Gary Spirer
and Capital Hill Investment Company
60 E. 42ad Street, Suite 2913
New York, New York 10165
Joseph G. Goldstein, Esq.
1221 Brickell Avenue
Miami, FL 33131 Phone 579-0609
ZONING RG-3/6 for S 161.3' of Tract A (Approx. 596 NW
49 Avenue); and RG-1/3 for Tract B (Approx. 4901
NW 5 Street).
REQUEST Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami, from RG-3/6 for S 161.30' of Tract A 596
NW 49 Avenue and RG-1/3 for Tract B (a/k/a 4901
NW 5 Street) to CR-2/7 Residential Commercial
(Community).
RECOMMENDATIONS
PLANNING DEPARTMENT APPROVAL. The proposed change is consistent
with the Future Land Use Element of the Miami
Comprehensive Neighborhood Plan 1989-2000 (MCNP)
designation of Restricted Commercial. The
Planning Department is concerned about the
potential of more intense land uses to be
iatroducced along NW 5 Street, NW 49 Avenue, and
ultimately into the low density residential
area. In addition, there will be a traffic
impact as the access to NW 7 Street from the
south of the subject property will be through
the stable residential neighborhood.
PUBLIC WORKS No comment.
010726
Na object:Lon.
At its metting of •February 12, 1990, the
Zoning Board adopted Resolution ZB 22-90
by a vote of 7 to 0, recommending approval
of the above.
Two Proponents were present at the meeting, and four
opponents were present.
At its meeting of March 22, 1990 the City Commission
passed the above on First Reading.
i
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ANALfj S I S
0 LA
X The proposed change is in harmony with the
adopted Miami Comprehensive Neighborhood
Plan 1999-2000, and does not require a plan
amendment.
X The proposed change 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 neighborhood 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 changes or changing conditions that
make the passage of the proposed change
necessary.
X The proposed change 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.
.; The proposed change has the same or similar impact
on property values in the adjacent areas as the
existing. classification.
X The proposed change will contribute to the
improvement or development of adjacent property in
accord with existing regulations.
010726
{ =LG The a _=csea _ anae conveys t :e Same t ara:ent .�
cite i :ai•: s.e::ai :.wrier as to t :e owner within t e
samec iss xf;:at:.an and t :e L=eaiate area: anti
here are SljmZt=r.% i. ^_asons t :e use at _ :e
�rosert•: -s uniairir llrmi.tea unaer
:� It is ai�i_ =i: to f �d otfter adecumze sites Z:Z
the Sur= rai :z area for t'te prvt-iosed us$ iz
dist4_ aizaaav = ev ml tt= q Sucah use.
oio7zs ( -
190 JIL 11
IPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83
19 Joseph G. Goldstein hereby apply to the City Commis-
)n of t e City of Miami for an amenament to the Zoning Atlas of the City of Miami as
ore particularly described herein and, in support of that request, furnish the following
formation:
1. Address of property South side of PT.w. 7th Street approximately 4.83 fee -
east of N.W. 51st Avenue and 1,350 feet west of N.W. 47th Avenue
X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
3. Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application).
X 4. Certified list of Owners of real estate within 375' radius from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
application.)
S. At least two photographs that show the entire property (land and improvements).
6. Atlas sheet(s) on which property appears page 31
x - 7. Present Zoning Designation CR - 2 / 7, RG - 3 / 6, RG 1 / 3
_ _ 8. Proposers Zoning Designation CR - 2/7
x 9. Statement explaining why present zoning designation is inappropriate. (Attach to
application)
X 10. Statement as to why proposed zoning designation is appropriate. (Attach to appli-
cation)
--1I. Other (Specify)
__12. Filing Fee of $. 13, 15 5.2 0 according to following schedule: 65,776 s q . f t .
(a) To: RS- I , RS- 1. I , RS-2,
RG-I, P0441 PD-HC,
(b) To: RG-2, RG-2.3,
RG-2.3, RO- I ,
RO-2.1
(c) To: RG-2.2, RG-3,
RO,3
0.08 per sq.ft. of net lot area, minimum
350.00
$OJO per sq.ft. of net lot area, minimum
i 00.00
$0J,2 per sq.ft. of net'lot area, minimum
450.00
U10'726
(d) To: CR-1, CR-2, 0.14 per sq.ft. of net lot area, minimum
CR-31 0-I9 CC-1, 150.00
CC-29 WF-1, WF-R,
I-1,1.2; SPI-I o2,5979
(e) To: CBD-1, SPI-6 $0.14 per sq.ft. of net lot area, minimum
$640.00
(f) For any change in a sector number only, for a particular district classifica-
tlon, the fee'shali be the same as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal to applicable fee from (a)-(c) abov not to exceed $500.00,
to be refunded if there is no appeal. (City Code - cti 66�
Signature
ITvse1) G G d ein
Name Gee era, Tr _a. Hoffman, Lipoff,
Rosen & Quentei, P.A.
Address 1221 Brickell Avenue
Miami, Florida 33131
Phone (305) 579-0609
:TE OF FLORIDA) SS:
LINTY OF DADE )
Jose h G. Goldstein , being duly sworn, deposes and
s t at he is the Auihorizea Agent forOwner) of the reai property described in
wer to question # I, above; that he has read the foregoing answers and that the same are
e and complete; and (if acting as agent for owner) that hauthority to execute this
itiori on behalf of the owner.
ORN TO AND SUBSCRIBED
are me this day
COMMISSION EXPIRES:
MY PUBLIC STAY[ OF FLORIDA
CONNISSION EXP. NOW. 2,1991
:3E0 TNRU GENERAL INS. UNO.
-rm 2543
otory Public, Mate of r rica at L.crge
010726 g _
STATEMENT AS TO WHY
PROPOSED ZONING DESIGNATION IS APPROPRIATE
The requested zoning designation of CR-2/7 for this property
L be consistent with the adopted Future Land Use Plan Map. As
a, this designation would further the goals of the Local
Brnment Comprehensive Planning and Land Development Regulation
which provides that local zoning regulations should be
sistent with the comprehensive plan. See, Section 163.3161 it
., Florida Statutes (1987). Specifically,*section 163.3194, of
rida Statutes provides:
the provisions of the most recently adopted
comprehensive plan, or element or portion
thereof, shall govern any action taken in
regard to an application for a development
order.
ce the current zoning is inconsistent with the City's Comprehen-
e Plan designation, this proposed change appears mandated by
to law.
Additionally, this rezoning is consistent with other zoning
the area. By Ordinance No. 9780, the City Commission changed
zoning classification on the property immediately to the west
the subject property to a designation'of CR-2/7-on the 26th day
_7anuary, 1984.
Based upon these facts, the requested zoning change would be
sistent with the City's Comprehensive Neighborhood Plan and
ld be identical to the zoning on the property immediately to the
t. For this reason, the requested zoning change is appropriate.
O10726
9
r
STATEMENT EXPLAINING
PRESENT ZONING DESIGNATION IS INAPPROPRIATE
Currently, the property is partially designated CR-2/7, RG
5 and RG-1/3 on the City of Miami's Zoning Atlas. Since the
tire property is designated on the Future Land Use Plan Map as
ommercial-Restricted", only the portion of the property which is
signated`CR-2/7 is consistent. As the remainder of the property
not consistent with the Land Use Plan Map, these zoning designa-
ons are inappropriate. Section 163.3.194 of Florida Statutes,
oxides:
the provisions of the most recently adopted
comprehensive plan, or element or portion
thereof, shall govern any action taken in
regard to an application for a development
order.
Therefore, this change is not only in keeping with the adopted
an, it is mandated by state law.
2
010726
AFFIDAVIT
NEW YORK
STAVE OF
I<i X365 SS.
CCUNTT CF )
Before me, the under-_: .ed authority, this day personally
appeared Gary Spirer who being by me first duly seuorn,
upon oath, deposes and says:
1. That he is the owner, or the_lega.1 representative of he
owner, submitting the act ,,;,azr*ri- g application for a public hear ng as
reauui-red by Crtinance No. 9500 cf the Code of the Clty of Miami, 7- ortba.
effect: ng t4he real p: rperc r lccated i ,. the City of t•liarni as desc: iced a:.a
�`" davit and ride ec-
i tEw Cn the rages attar. ea t0 t:',1.5 aii.i apart t::er
2. That all owners which he represents, it any, ; ave g ,en t .eir
fu_11 and complete trer* msssicn for ^ .m to act in t.".eir behalf fcr
or -mods ;ication of a class-J"f ticn or r avj atien at z,-' as seL zU _.:
the acc--.::carrlirg petition.
3. That the pages attached hereto and made a part -of this
affidanvit contain the curt�nt names, mai iln.g addresses, phone numbers and
legal descriptions for the real property which he is the owner or legal
represent=ive.
4. The facts as represented :,= the application and
suc,,. zrah ccnjmc :ion with this aff:davit. are the and ccrr ect
Further Affiant sayeth not.
amel
Sworn. to and °•,lbscribed before me
this . day of Li;cts� 19
E�oNar, ablic, State of/Moriw at Large.
�- New York
!4)r Cca .0 ssion Expires:
..ARIA DiCH1ARA
;..rr rublia, State of New York
No. 01•DI4939966
.qualified In Kings County
..:awsslon Expires Aug. 1. 1990
010726
tine Adoressc/o Capital Hill Investment Company, 60 E. 42nd St., Suite 2913
Mew ,
eleonone Numoer (212) 883-0035
Lecal Descri;,ion: Tracts A and B, Zuleta Subdivision, Plat Book
103, Page 32, Dade County, Florida
Owner's Name Capital Hill Investment Company
Mailing Address 60 E. 42nd St., Suite 2913, New York, New York 10165
Telephone Number .(212) 883-0035
Legal Description: Tracts A and B, Zuleta Subdivision, Plat Book
103, Page 32, Dade County, Florida. _
Owner's Name
Mailina Address
Telepnone Number
Legal Description:.
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
.site is listed as follows:
Street Address Leaal Des_riction
f
i
S:ree� Ad_rass
Stree: Adaress-
Leaal Description
Legal Descriotion
gyp: q d l Nd(' 06.
t ab 3"
kJ
010726
DISCLGS= -OF ar`NERSHIP
1. Legal, description and street address of subject real property:
Tracts A and B, Zuleta Subdivision, Plat Book 103, Page
32, in the Public Records of Dade County, Florida
2. Owner(s) of subject real property and =_rcentage of ownership.
Note: Citv of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct. or indirect, in the subject
;natter of a presentation, request or petition to the City Commission.
.accordingly, question #2 requires disclosure of all shareholders of
corporation, beneficiaries of trusts, and/or any other interested parties,
toaether with their addresses and proportionate interest.
Mr. Gary Spirer 50% owner as tenant -in -common*
Capital Hill Investment Company,
a New York Partnership 50% owner as tenant -in -common*
Partners of Capital Hill Investment Company are:
Mr. Gary Spirer 33.3%
:fir. Harvey Polly 33.3%
Mr. Nathan Phillips 33.3%
*Sub3ect to a 5% profit participation of Ms. Sandra Parker
and 15% profit participation of Mr. Ronald Stewart.
3. Le,.,Ld descrip ti.cn and street adobes_ of arty r =al grope: t , ! ;)
owned by any party listed in answer to quest.im ir2, arxl (b) ' ocated . j tliin
375 feet of the subject real property.
None
Capital Hiil Investment Company, �:�
New York Partnership & Gary Sp i r(�r
ac tenii itc-'ii�c:1 or1
By:
NEW YORK Gazr 1)
STATE CF SS:
COUNry GF =WX }
/W
,1r. Gary Spicer , being'duly sworn, deposes and
says trat ne Ls the kCwner) of the real property
described in answer to question 41, above; that he has read the foregoing
answers and that the same are true and complete; and (if acting as attorney
for caner) that he has authority to execute this Disclosure of Ownershil'
form cn imhalf of the owner. -
( SE4 )
Name 1
Sir OEN M AND SFJBSCP1EM
before me this ,'2?
day of
MARIA OICHIARA
Notary Public, State of New York
No. 01.014939966
m�issiondExpKings
ri sgAugu1,1990
010726
Nc�� r4,y 2=11c, State or /
F� is 3' at Larce
�1pW nrL-
ST= of FLOPJMA ) SS: '90 NN 1 t P 4 :01
camay of DADS )
r(2, � '•�eing duly sworn',, dE: �; I' �•'es ,
sys that ne is the ou y appointee a of Ig %
the owner of the real property descrineo answer to question , :.-XJV3;
that he has read the foregoing answers; th-_ the same are true and com-
plete; and that he has the authority to execute this Di osure of owner-
ship form on behalf of the owner.
SWUM M AM SUBSCRIBED
before me this 9r�4
day of 10.
Watary Pudic, State o=
Florida at Large.
My COMMISSIQ3 MIM:
NOTARY PUBLIC STATE OF FLORIDA _
NY COMMISSION EXP. NOV. 2.1991
BONDED IHRU GENERAL INS. UND.
Q*1/%pc/ab/G25
01.0726
THIS DECLARATION OF RESTRICTIVE COVENANTS by MR. GARY SPIRER
AND CAPITAL HILL INVESTMENT COMPANY, a New York General Partner-
ship, the fee -simple owners of the subject property ("Owners"), in
favor of the CITY OF MIAMI, FLORIDA, a municipality of the State
of Florida.
WI THE 8 BETH:
WHEREAS, the Owners control fee -simple title to certain
property (the "Property") in the City of Miami, Florida (the
"City") legally described as:
Tracts A and B, Zuleta Subdivision, Plat
Book 10.3 on Page 32, public records of
Dade County, Florida.
WHEREAS, the Owners applied to the City of Miami for the
approval of a zoning district boundary change from CR-2/7, RG-3/6
and RG-1/3 to CR-2/7 for the entire Property; and
WHEREAS, Owners seek to provide assurances to the City that,
if said rezoning is approved, the Property will be developed in a
manner that will limit access to and impacts upon adjacent
residential uses; and
WHEREAS, the Owners therefore agree and are desirous of
making a binding commitment to assure that the Property shall be
developed in accordance with the provisions of this Declaration;
Prepared by:
Joseph G. Goldstein, Esq.
Greenberg, Traurig, Hoffman; 010726
Lipoff, Rosen i Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33133
NOW, THEREFORE, the Owners voluntarily covenant and agree
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running, with
the land and binding upon the owners of the Property, their suc-
cessors and assigns, as follows:
A. L ndscavinc Installation and Maintenanm. Prior to
the issuance of a building permit on the Property, the Owner shall
obtain approval of a landscaped buffer plan from the City of Miami
Planning Department, which plan shall reflect a ten -foot wide land-
scaped buffer (the "Buffer") along those portions of the east and
south Property lines adjacent to and along N.W.. 49 Avenue, N.W. 6th
Street and N.W. 5th Street (the "Rights -of -Way") . Said Buffer will
contain landscaping and be placed between said Rights -of -Way and
an eight foot masonry wall, which the Owners shall construct at the
boundary of said ten foot Buffer. The landscaping of the Buffer
shall be installed in conformity with said landscaped buffer plan
and the Owners, their successors or assigns shall also be respon-
sible for the permanent maintenance of said landscaping.
Maintenance shall include, but not be limited to, removal of any
graffiti from the proposed masonry wall and care for all
landscaping within the Buffer. The owners further agree that, if
it becomes necessary for'the City, at the City"s- discretion, to
maintain said Buffer and wall due to the Owner's failure to do.so,,
any reasonable maintenance costs, in an amount not to exceed ten
thousand dollars ($10,000) per year, shall be paid by the Owner in.
the form of a bond or letter of credit., Said bond or letter of
credit shall be posted by the Owners prior to issuance of any,
building permits on the subject Property. The City shall exercise
its discretion'by providing the then owners with written notice,
01-0726/6
sent by certified mail, which provides that the City will perform
such maintenance, unless the then Owners respond to the City within
thirty (30) days.
B. Vehicular Access Limitation. No direct vehicular
access for ingress or egress shall be permitted from the Property
to N.W. 49th Avenue, N.W. 5th.Street or N.W. 6th Street. Owners
further agree to support and actively participate in any efforts
to close the alley located between Tracts A and B of the Property.
C. Use Limitations.. The subject Property will not be
developed with high density multiple family residential
development. In addition, Tract B of 2uleta Subdivision, as
recorded .in•plat book 103 at page 32, public records of Dade
County, shall be used solely for parking.
D. Voluntary Contribution. The Owners voluntarily agree
to contribute $5,000 to the City of Miami at the time the applied -
for zoning district boundary change.becomes final.
E. Effective Date. Once the above -referenced zoning
approval has become final and non -appealable, this instrument shall
constitute a covenant running with the title to the Property and
be binding upon the Owners, their successors and assigns. These
restrictions shall be for the benefit and limitation upon all pre-
sent and future owners of the Property and for the public welfare.
F. Amendment and Modification. This instrument may be
modified, amended or released as to any, portion of the Property by
a writteninstrumentexecuted.by the then owner of the fee -simple
title to the land to be effected by such modification, amendment
or release providing that same has been approved by the City of
Miami City Commission. Should this instrument be so modified,
amended or released, the Director of the Planning Department or his
3
successor, shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or
I release.
j
G. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
i
binding upon the Owner of the Property, its successors and assigns
for an initial period of thirty (30) years from the date of this
I
instrument is recorded in the public records and shall be auto-
matically extended for successive periods of ten (10) years
thereafter or, as long as buildings constructed on the Property in
accordance with the CR-2/7 zoning district regulations remain on
the Property, whichever is longer, unless modified,- amended or
released prior to the expiration thereof.
H. InaRection and Enforcement. It is understood and
agreed that any official inspector of the City of Miami may have
the right at any time during normal working hours, to determine
whether the. conditions of this Declaration are being complied with,
so long as reasonable notice is provided to the fee -simple owner,
its successor or assigns, before said official inspector enters the
Property. An enforcement action may be brought by the City or by
any property owner within 375 feet of the Property and shall be by
action at law or in equity against any party or person violating
or attempting to violate any covenants, either to restrain
violations or to recover damages. The prevailing party, in the
action or suit shall be entitled to recover costs and reasonable
attorneys fees., This enforcement provision shall be in addition
to any other remedies available under the law.
i
I. Severability. Invalidation of any one of these cove-
nants by judgment of Court shall not affect any of the other
olo7zs ��
provisions of this Declaration, which shall remain in full force
and effect.
J. Regordinc. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of , 1990.
Witnesses: GARY SPIRER
BY.
CAPITAL HILL INVESTMENT
COMPANY, a New York General
partnership
BY.
STATE OF NEW YORK )
SS:
COUNTY OF )
Before me, the undersigned authority, personally appeared
.Gary Spirer, Owner, who acknowledged on this day of
, 1990, that he had the authority to execute the
foregoing instrument for the purposes expressed therein.
NOTARY PUBLIC
State of New York At Large
My Commission Expires:
QIL 72 /
5
STATE OF NEW YORK
SS:
COUNTY OF )
Before me, the undersigned authority, personally appeared
, as of Capital Hill
Investment Company, a New York General Partnership, who
acknowledged on this day of , 1990, that he had the
authority to execute the foregoing instrument for the purposes
expressed therein.
My Commission Expires:
a111AWO .,UMM"a
6
NOTARY PUBLIC
State of New York At Large
oio°�zso� �
Mr. Lorenzo Luaces offered the following Resolution and
moved .its adoption. `
RESOLUTION ZB 22-90
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 3509 OF ORDINANCE 9500, AS AMENDED,
THE ZONING BOARD RECOMMENDED APPROVAL TO THE
CITY COMMISSION OF THE CHANGE OF ZONING IN
THE OFFICIAL ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FROM RG-3/6
FOR S 161.3' OF TRACT A (APPROXIMATELY 596 NW
49 AVENUE) AND,_RG-1/3 FOR TRACT B (A/K/A 4901
NW 5 STREET) TO CR-2/7 RESIDENTIAL COMMERCIAL
(COMMUNITY), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 596 NW 49 AVENUE AND
APPROXIMATELY 4901 NW 5 STREET, ALSO
DESCRIBED AS S 161.3' O.F TRACT A & AND ALL OF
TRACT B, ZULETA (103-32) P.R.D.C.
Upon being seconded by Mr. George Barket, the motion
was passed and adopted by the following vote:
AYES: Ms. Morales and Basila
Messrs. Moran-Ribeaux, Barket,
Mayor, Luaces and Dunn
NAYES: None.
ABSENT: Messrs. Alonso-Poch, Sands
Ms. Cruz
Ms. Fox: Motion carries 7 to 0.
OJL0726
v�
February 12, 1990 # 6
7.nnina Board
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE-
Before the undersigned Authority personally appeared
Bookie VAIllame, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a dolly
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dads County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10726
WANOW
In the .......... . X.......................... Court,
was published In sold newspaper In the Issues of
May 2, 1990
Afflant further says that the said Miami Review Is a
tear published at Miami In said _Dads County,. Florida,
(SEAL)
My Ca
class mall matter at the post office In Miami In sold
;ounty, Florida, for a perlod of one year next preceding
ublication of the attached copy of advertisement, and
f her says that she has neither paid nor promissa any
i rm or corporation any discount, rebate, commission
n for the purpose of securing this advertisement for
on A�fsaldnews%peper�.
`pwo�n fair ibed before me this
�� •�>, } Fy , A,D, 19. , ..9.Q
..... .
a' Notary Public, tips IF oridi at Large
F(OR10N