HomeMy WebLinkAboutO-106211
J-89-417
6/22/89
ORDINANCE NO. 10621
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF 1918 BRICKELL
AVENUE, MIAMI, FLORIDA (AS MORE PARTICULARLY
DESCRIBED HEREIN), FROM RG-2.1/3.3 GENERAL
RESIDENTIAL TO RG-2.1/5 GENERAL RESIDENTIAL;
BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 37 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of April 3,
1989, Item No. 4, following an advertised hearing, adopted
Resolution No. ZB 39-89, by a 5 to 4 vote, RECOMMENDING DENIAL 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,
notwithstanding the Zoning Board's recommendation of denial, to
grant this change of zoning classification as hereinafter set
forth; and
WHEREAS, the applicant has voluntarily proferred a covenant
running with the land which shall be in a form acceptable to the
City Attorney's Office;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 9500, the
Zoning Ordinance of the City of Miami, Florida, is hereby amended
by changing the zoning classification of 1918 Brickell Avenue,
Miami, Florida, also described as Southeasterly 180' of Lot 22,
Block A, FLAGLER MARY BRICKELL, as recorded in Plat Book 5, at
Page 44, of the Public Records of Dade County, Florida, from
RG-2.1/3.3 General Residential to RG-2.1/5 General Residential.
10621
Section 2. It is hereby found that this zoning
1
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;
(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;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 3. Page No. 37 of the Zoning Atlas, made a part of
Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
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.
- 2- 10621
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 June,
1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of July , 1989. /---,
10
ATT ST
MAT Y HIRAI
City Clerk
PREPARED AND APPROVED BY:
RAFAEL E. SUAREZ-RIVAS
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
4y0T
FER ANDEZ
orny
RSR/ema/M479
XAVIER L. SgARFVZ, Mayor
- 3 1.0621-
PzW1
ZONING FACT SHEET
LOCATION/LEGAL 1918 Brickell Avenue
Southeasterly 180' of Lot 22
Block A
FLAGLER MARY BRICKELL (5-44) P.R.D.C.
APPLICANT/OWNER Paul R. Sadovsky
C/o Jeffrey Bercow
Steel Hector & Davis
4000 SE Financial Center
Miami, FL 33131 Phone # 577 -2398
ZONING RG-2.1/3.3 General Residential.
REQUEST Change of Zoning in the Official Zoning Atlas of
Zoning Ordinance 9500, as amended, the Zoning
Ordinance of the City of Miami from RG-2.1/3.3
General Residential to RG-2.2/7 General
Residential.
. ANALYSIS
YES NO N/A
X The proposed change is in conflict with the.
adopted Miami Comprehensive Neighborhood Plan,
and requires a plan amendment. There is a
companion item being presented before the
Planning Advisory Board.
X The proposed change is in harmony with the
established land use pattern.
X The proposed change creates an isolated district
unrelated to adjacent and nearby districts.
X The change suggested is out of scale with the
needs of the neighborhood or the City.
X The proposed change materially alters the
population density .pattern and thereby increases
or overtaxes the load on public facilities such
as schools, utilities, streets, etc.
X Existing district boundaries are logically 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, �.'/''�7y
�n�1.J/M �� N
YES NO N/A
X The proposed change adversely influences living
conditions in the neighborhood.
X The proposed change creates or excessively
increases traffic congestion or otherwise
affects public safety.
X The proposed change creates a drainage problem.
X The proposed change seriously reduces light and
air to adjacent areas.
X The proposed change adversely affects property
values in the adjacent areas.
X The proposed change is a deterrent to the
improvement of development of adjacent property
in accord with existing regulations.
X The proposed change constitutes a grant of
special privilege to an individual owner as
contrasted with protection of the public
welfare.
X There are substantial reasons why the property
cannot be used in accord with existing zoning.
X It is possible to find other adequate sites in
the City for the proposed use in districts
already permitting such use.
RECOMMENDATIONS
PLANNING DEPARTMENT DENIAL OF ZONING CHANGE AS RE UESTED, APPROVAL
OF ZONING CHANGE TO RG-2.1 5. The Miami
Comprehensive Neighborhood plan adopted on
2/9/89 identifies the subject property as Multi -
Family Medium Density, therefore, there is no
need for a plan amendment. The proposed change
as requested, although related to the adjacent
district to the southeast, creates a district
out of scale with the needs of the neighborhood;
and constitutes a grant of special privilege to
an individual owner as contrasted with
protection of the public welfare.
06 '�
The proposed intensity of 1.72 is suitable to
the development of the bayside area of Brickell
Avenue, but the same intensity is not suitable
to the other side of Brickell Avenue, because
existing development on either side is
completely different in nature.
PUBLIC WORKS When sewers were built to serve this property
(1974), the designer anticipated a change in
zoning fiom the existing R-1 (RS-2/2) to R-3
(RG-2.1/3.3). Sanitary sewers were designed for
this zoning change which in fact has occurred.
Sanitary Sewers were not designed to accommodate
this current request. Past studies have
indicated the downstream trunk mains and pump
station to have no excess capacity.
DADE COUNTY TRAFFIC
AND TRANSPORTATION No comments.
ZONING BOARD At its meeting of April 3, 1989, the Zoning Board
adopted Resolution ZB 39-89, by a 5 to 4 vote,
recommending denial of the above.
Two proponents and 5 opponents were present at the
meeting.
Eleven objections were received by mail.
CITY COMMISSION At its meeting of May 25, 1989, the City Commission
continued the above to its meeting of June 22, 1989.
-1062 3
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Steel Hector & Davis
Miami, Florida
Jeffrey Bercow, P. A.
(305) 577.2945
May 12, 1989
Hand Delivery
Ms. Gloria Fox
Hearing Board Division
City of Miami
275 N.W. 2nd Street
Room 226
Miami, Florida 33128
Re: Zoning Application concerning 1918 Brickell Avenue
Dear Gloria:
As you requested, this letter is to advise you that Jeffrey
Bercow, Esq., is now the attorney of record for Mr. Paul R.
Sadovsky, the applicant in the captioned zoning application.
Please call me if you have any questions regarding the
foregoing. It is our understanding that this application will
be before the City Commission on first reading on May 25th as
PZ Agenda Item-1.
Si17erel,
/-� Alf�
Je r Bercow, P.A.
JB/lcj
,Uami Office
515 North Flagler Drive
440 Royal Palm Way 1200 North Federal Highway
310 West College Avenue
FL 32301.1406
-•)00 Southeast Financtai Center
1200 Northbridge Centre 1
Palm Beach, FL 33480 Suite 409
Tallahassee,
:!-ami. FL 33131.2398
West Palm Beach, FL 33401.4307
1,407) 650.7200 Boca Raton, FL 33432
(904) 222.4192
,105) 577.2800
(407) 650.7200
(407) 394.5000
Fax: (904) 222.6410
-ix: 1305) 358.1418
Fax: (407) 655.1509
=3x: (4071 394.4856
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83-®
I Gary M. Held hereby apply to the City Commis-
sion of the City of Miami for an amenament to the Zoning Atlas or the City of Miami as
more particularly described herein and, in support of that request, furnish the following
informations
I. Address of property 1918 Brickell Avenue
2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
X 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).
_X 6. Atlas sheet(s) on which property appears 37
X 7. Present Zoning Designation RG-2.1 / 3.3
X 8. Proposed Zoning Designation RG-2•*2/7 (applicant will accept RG-2.1/5)
X .9. Statement explaining why present zoning designation is inappropriate. (Attach to
applicatton)
X110. Statement as to why proposed zoning designation is appropriate. (Attach to appli-
cation)
,el I. Other (Specify)
X 12. Filing Fee of $ 1,799.03 according to following schedule:
(a) To: RS-1, RS- I.1, RS-29,
RG-1, PD-H, PD4-iC,
(b) To: RG-2, RC-2.1,
RG-2.39 RO-I,
RO-2.1
(c) To: RG-2.2, RG-3,
RO ; 3
0.O.8per sq.ft. of net lot area, minimum
350.00
0./ O per sq.ft. of net lot area, minimum
.µoo0oo
P./lper sq.ft. of net lot area, minimum
;44-00
(d) To: CR-1, CR-2,
CR-39 0-1, CC- It
CG2, WF-11 WF-R,
I-1,1-2; SP1-1,2,5,7,
819911912
(e) To: CBD-1, SPI-6
0.1 Viper sq.ft. of net lot area, minimum
550.00
0.16 per sq.ft. of net lot area, minimum
6SD.00
(f) For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the same as for a change in its district classification, as
shown in (b) through (e) above.
Signature
Name /Gary 9% Held, Milledge & Iden
7.100 Ponce de Leon Blvd.
Address Suite 600
Miami, FL 33134
Phone 445-1500
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
Gary M. Held being duly sworn, deposes and
says t at he is the 1 Authorizea Agent for wner at the real property described in
answer to question # I , above; that he has read the foregoing answers and that the same are
true and complete; and (if acting as agent for owner) that he has authority to execute this
petition on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this 1 dax
MY COMMISSION EXPIRES:
Form 2543
(SEAL)
Notary.. Publ i,: S tote or Flo ida at Large
KNDEZ 'hAu- E%ERAL aw.+;h�.
10621
STATEMENT EXPLAINING WHY PRESENT ZONING IS INAPPROPRIATE
The zoning map for Brickell Avenue between S.W. 15th Road and
Rickenbacker Causeway, shows the parcels on the west fronting
Brickell are in transition, shifting from the lower intensity
residential permitted by RG-2.1/3.3 to the slightly higher
intensity permitted by RG-2.1/5. One of the reasons for this
transition is that the economics of development in this area no
longer permit development at the level allowed under Sector 3.
STATEMENT EXPLAINING WHY PROPOSED ZONING IS APPROPRIATE.
The change to Sector 5 is appropriate because it will permit
development in conformity with what is presently being proposed
for construction, and zoning which has recently been approved by
the City Commission, on other similar parcels of land lying to the
west of Brickell Avenue between S.W. 15th Road and Rickenbacker
Causeway. The requested change is also in conformity with the
existing designation of the Property on the current Comprehensive
Neighborhood Plan and the proposed designation of the Property on
the Future Land Use Plan Map of the recently adopted 1989 - 2000
City of Miami Comprehensive Neighborhood Plan.
10621 c
1
Steel Hector & Davis
Miami, Florida
Michael E. Radell
(305) 577.2542
June 8, 1989
Ms. Gloria Fox
Hearing Board Division
Building & Zoning Department
275 NW 2nd Street
Room 226
P.O. Box 330708
Miami, FL 33128
.c —C. ) I : ;
. a_:,
RE: Revision to Zoning Application of Paul Sadovsky - Property
located at 1918 Brickell Avenue
Dear Gloria:
This law firms represents Mr. Paul Sadovsky, the applicant
for the captioned rezoning. As was discussed at the meeting
of City Commission on May 25th, the disclosure portion of Mr,.
Sadovsky's application needs to be revised as follows:
The contract purchaser is Masoumeh Gandeminejad or Assignee.
The contract purchaser's husband, Nasser Edrissi, may also have
a beneficial interest in the contract to purchase this property.
Please call me if you have any comments or questions
concerning this amendment to the disclosure portion of Mr.
Sadovsky's application.
Sincerely,
Michael Radell
MER/btk
cc: Jeffrey Bercow, P.A.
Mr. Paul Sadovsky
Neil Litman, Esq.
10621
Miami Office
Steel Hector Davis
Steel Hector Davis
Steel Hector 6 Davis
4000 Southeast Financisl Cartier
Bums 6 Middleton
Bums 6 Middl W
201 South Morvoe
Miami, Florida 33131.2398
1200 Northbndps Centre 1
440 Royal Palm Way
Suite 200
(305) 577.2800
West Palm Beach, Florida 33401.4307
Palm Beach. Florida 33480
Tallahassee, Florida 32301.1848
Telex 51.5758
(305) 850.7200
(305) 650.7200
(904) 222.4194
AFFIDAVIT
STATZ OF FLORIDA)
SS
COLRM OF DADE ) '
Before me, the undersigned authority, this day personally
appeared Paul R. Sadovsky who being by rre 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 hea' x-rg as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting 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 modification 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 mz=bers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts 'as represented in the application and doc:-..ents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(Name)
Sworn to and Subscribed before me
this "� day of 19 -
Mary Public, State of Florida at Large
My (.crrmission Expires:
Notary Public. State of Florida at Large
fdy Commission Expires Dec. 20, 1992
IL0621
/D
OWNER'S LIST
Owner's Name Paul R. Sadovsky
c/o Allan Mil e ge, once ne Leon
hailing Address Suite 600, Miami, Florida 33134
Telephone Number 445-1500
Legal Description:' See attached Exhibit "A"
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' of the subject
site is listed as follows:
Street Address Legal Descriotion
None
Street Address Leaal Descriotion
Street Address Legal Description
IL0621
PARCEL I: The Northeasterly 50 feet of the Southeasterly
100 feet of lot 22 Block "A" being part of the POLLY LEWIS
DONATION, in Section 39 Township 54 South Range 41 East,
as per plat recorded in Plat Book "B" page 96 public
records of Dade County, Florida; said land being also
described as follows: The Northeasterly 50 feet of the
Southeasterly 180 feet of lot 22 Block "A" of FLAGLER as
recorded in Plat Book 5 page 44. Said property fronts 50
feet on Brickell Avenue and is 180 feet in depth. Said
property is also described as follows, to —wit:
For a place of beginning, start at that point on the
Northerly boundary line of Brickell Avenue where the line
between lots 21 and 22 of Block "A" as shown on Plat of
part of Polly Lewis Donation, as recorded in Plat Book "B"
page 96, intersects the Northerly boundary line of
Brickell Avenue, thence in a Southwesterly direction along
the Northerly boundary line of Brickell Avenue a distance
of 50 feet; thence in a Northwesterly direction parallel
to and 50 feet distance from said line between lots 21 and
22, of said Block "A" aforesaid, a distance of 180 feet;
thence in a Northeasterly direction parallel to and 180
feet distance from said northerly boundary line of
Brickell Avenue to the said line between lots 21 and 22
aforesaid; thence in a southeasterly direction along said
line between lots 21 and 22, a distance of 180 feet to the
place of beginning; all as shown on a plat of part of the
Polly Lewis Donation, as recorded in Plat Book "B" page 96
public records of Dade County, Florida; AND
PARCEL II: The West 50 feet* of the South 180 feet of lot
22 Block "A" of FLAGLER, a subdivision in Miami, Florida,
according to the Plat thereof recorded in Plat Book 5 page
44 of the Public Records of Dade County, Florida, the said
tract of land being more particularly described as
follows:
For a place of beginning,, start at that point on the North
boundary line of Brickell Avenue where the line between
lots 22 and 23 of Block "A" as shown on plat of part of
Polly Lewis Donation as recorded in Plat Book "B" page 96
public records of Dade County, Florida, intersects the
North boundary line of Brickell Avenue; thence in a
Northeasterly direction along the North boundary line of
Brickell Avenue a distance of 50 feet; thence in a
Northwesterly direction parallel to and 50 feet distant
from said line between lots 22 and 23 of Block "A"
aforesaid, a distance of 180 feet; thence in a
southwesterly direction parallel to and 180 feet distant
from said North boundary line of Brickell Avenue to the
said line between lots 22 and 23 of Block "A", aforesaid;
thence in a southeasterly direction along said line
between lots 22 and 23 a distance of 180 feet to the place
of beginning; all as shown on a plat of part of the Polly
Lewis Donation as recorded in Plat Book "B" page 96 public
records of Dade County, Florida.
106211
EXHIBIT "A"
DISCUSS OF OW'E SHIP
1. Legal description and street address of subject real property:
Legal description is attached as Exhibit "A".
Street address: 1918 Brickell Avenue.
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
wing a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 62 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest. •
OWNER: Paul R. Sadovsky
5301 W. cypress Street
Suite 304
Tampa, Florida 33607
The contract purchaser is Masoumeh Gandeminejad or
Assignee. The contract purchaser's husband, Nasser
Edrissi, may also have a beneficial interest in the
contract to purchase this property.
3. L yul description and street address of any real pr. ope: t •� (n )
owned by any party listed in answer to question #2, am) (b) located witian
375 feet of the subject real property. '
STATE OF ffORIDA ) SS:
COGYI'Y OF DADE )
Michael Radell , being duly sworn, deposes and
says at no is the Attorney or Owner) of the real property
described in answer to question #1, abwet.that he has read the foregoing
answers are that the same are true and ow4pletet and (if acting as attorney
for owner) that he has authority to execute, this Disc mwre of Ownership
form on behalf of the owner. / /
SWOR4 TO AND SUBSCRIBED
before -me this / ,.
day o#�;._� A2_ 1 198.
J
(SEAL)
UW.L,L%:, .7G4261Z VL .
at Large it 06021.
MY C04%WLISSION E UISES:
NOTARY 13U."{ 4 STATE Or FLORIDA /
My CQ`41E':UJJ1 VP. 8E;T.Ie.1992
90tm ThFid fWWPA1 INS I M. �
"A 0Cm4 11 The Northeasterly 50 feet of the Southeasterly
:H#- of lot 22 Block "A" being part of the POLLY LEWIS
DONATIONt in Section 39 Township 54 -South Range 41 East,
as 1igr plat recorded in Plat Book "B" page 96 public
toeovda of Dade Countyr Florida; said land being also
1.101Mk°ibod as follows: The Northeasterly 50 feat of the
8okit:heant Orly 180 feet of lot 22 Block "A" of FLABLBR as
tou"Orded in Plat Book 5 page 44. Said property fronts 50
toot. on Brickell Avenue and is 180 feet in depth. Said
tWopotrty in also described as follows, to -Wit:
fxw 'a place of beginning, start at that point on the
%6rthorl.y b*undary line of Brickell Avenue vhere the liter
b0twOen 10ta 21 and 22 of Block "A" as shovn on Plat -)f
part of Polly Levis Donation, as recorded in Plat Book, "B*
t�ge '6t into,raects t-'ha Northerly boundary line pf
T+k'i4 *l Xvro'nuer thence in a Southvesterly di.rewti.vn a1�s
the 1\'orth#r17 bOuPaary line cf Brickell Avenue a d st n e
>'( "5i*1 feet I thonoe i,z s Northvest.erly dire;ticm *rai`tl
L� ats'i -to foot sistance from said line betveen 1 cta 21 .F-nd
2 of .1144145 131C�ok "A" a.ioresaid, a distance of 1$'Q reef:
rests"e di.rect{on parallel tr an- 1,a9
f t aata a f.:am sa4a nortber.ly bounce.-y 1.ne 'if
lxrio ell Apt* rtsae t the suit line bete*een lets 23 �arx� 22
,scam #z to=_y dii recti'n t-. -Vn t vs'lt
11170 tvOtsn $Z+ts l and
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DISCL,'SUFE OF as'NERSHIP
1. Legal description and street address of suoject real property:
Legal description is attached as Exhibit "A".
Street address: 1918 Brickell Avenue.
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 #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together ;with their addresses and proportionate interest.
OWNER: Paul R. Sadovsky, 100%
5301 W. Cypress Street
Suite 304
Tampa, Florida 33607
CONTRACT TO PURCHASE:
Nasser Edrissi , 100%
9988 N.W. 5th Lane.
Miami, Florida 33172
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question *2, and (b) located within
375 feet of the subject real property.
None
"NER OR F�'I' MiEY FOR GilNE
i
STATE OF FLORIDA ) SS:
COUNTY OF DADE )
being duly sworn, deposes and
says that ne is the (owner)-4Attorney for Owner) of the real property
described in answer to question #l, above; that he has read the foregoing
answers and that the same are true and corrplete; and (if acting as attorney
for owner) that he has authority to execute this-171sclosure of Ownership
form on behalf of the owner. '/'
SWOFN TO AM SUBSCRIBED
before me this ' --
day of , 198_.
( Name) ,.
Notary Public, State of
Florida at Large
MY Co"UVISSI^+ UFI!RES:
Notary Public, State of Florida at Large 10621
My Commission Expires Dec. 20, 1992
(over)
ram.
STATE OF FLORIDA j SS:
COUNTY OF DADE }
being duly swr+rn, deposes and
says that he is the nuly appointed of __...
the owner of the real property desc I in answer to question 4. , amove;
that he has read the foregoing answers; that the same are true and com-
plete; and that he has the authority to execute this Disclosure of Owner-
ship form on behalf of the owner.
(SEAL)
(Name)
SMRN TO AM SUBSCRIBED
before me this
day of r 198�.
Notary Puulic, State of
Florida at Large
Diy co," ASISSIOb EXPIRES:
Q%M/wpc/ab/G25
1.0621.
DECLARATION OF RESTRICTIVE COVENANTS
1�
d N X
1 T WII *� T
Z8 3 15
This Declaration of Restrictive Covenants is given by Paul R.
Sadovsky ("Owner"), in favor of the City' of Miami ("the City"),
a municipality within the State of Florida.
W I T N E S S E T H:
WHEREAS, The Owner holds fee -simple title to certain property
in the City, legally described as set forth in Exhibit "A" hereto,
and located at 1918 Brickell Avenue, Miami, Dade County, Florida
("the Property");
WHEREAS, the Owner is presently an applicant before the City
of ttiami Zoning Board and the City of Miami Commission, seeking
a change of sector classification in the Official Zoning Atlas of
the City of Miami, from RG-2.1/3.3 (General Residential) to
RG-2.1/5 (General Residential);
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;
NOW, THEREFORE, the Owner voluntarily covenants and agrees
that the Property shall be subject to the following restrictions
that are intended and shall be deemed to be covenants running with
the land binding upon the Owner of the Property, and his succes-
sors and assigns as follows:
A. Owner excludes the northwesterly one foot of the property
from this zoning application.
B. Building Height Limitation. The height of buildings on
the Property shall not exceed 40 feet excluding any mechanical and
equipment penthouses, elevator parapets and ornamental pediments.
C. Setback. The setback of buildings. in the Property shall
be no less than 40 feet from the northwesterly property line.
D. Landscape Plan. Prior to the issuance of a building per -
This instrument prepared by:
Gary M. Held
Milledge & Iden
2100 Ponce de Leon Blvd., Suite 600
Miami, Florida
(305) 445-1500
mit on the Property, Owner shall obtain approval of his"
is landscape
plan from the City of Miami Planning Department, which plan shall
reflect a landscape buffer with a width of ten (10) feet along the
northwestern boundary of the Property. The landscaping of the
property shall be installed in conformity with said landscape
plan; and the Owner shall also be responsible for the permanent
maintenance of the landscaping on the Property.
E. Local Park Contribution. A contribution in the amount of
$5,000.00 shall be paid to the City of Miami prior to the issuance
of any certificateof occupancy for the Property, which contribu-
tion shall be applied by' the City to the Park Improvement Trust
Fund for child care facilities or such other park use as City
deems fit.
F. Effective Date. If the City Commission of the City
approves the Owner's pending application for an amendment to the
City of Hiami Zoning Atlas to RG-2.1/5 (General Residential), and
after said 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 Owner, his successors and
assigns. These restrictions shall be for the benefit of and
limitation upon all present and future owners of the Property and
for the public welfare.
G. Amendment and Modification. This instrument may be modi-
fied, 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. Should this instrument be so modified, amended
or released, the Director of the City's Planning Department or his
successor, shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or
release.
11. Term of Covenant. This voluntary covenant on the part of
the Owner shall remain in full force and effect and shall be bind-
ing upon the Owner, his successors and assigns for an initial
period of thirty (30) years from the date this instrument is
recorded in the public records, and shall be automatically ex-
-2-
tended for successive periods of ten (10) years thereafter, unless
modified, amended or released prior to the expiration thereof.
I. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the
privilege at any time during normal working hours, to determine
whether the conditions of this Declaration and the Zoning Ordi-
nance are 15eing complied with. 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 of
these covenants, either to restrain violations and/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.
J. 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,
provided, however, that such invalidation may be grounds for the
City to amend the zoning and/or land -use regulations applicable
to the Property.
K. Recording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida by the Owner, at
the cost of the Owner, and the original delivered to the City's
Zoning Official or Administrator, Building and Zoning Department,
275 N.W. 2nd Street, Miami, within 90 days after final approval
by the City Commission of the City of Miami as set forth above.
IL0621
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this•. . day of i��f1 �1Cfa , 1989.
Witnesses:
PAUL R,-SADOV�KY
COUNTY OF ":. "...-A,
The foregoing instrument was acknowledged before me this
day of �, 1.:,;;, c._\:._ , 1989 by Paul R. Sadovsky.
N,OTARY,PUSLIC
CSt/ ate—af Florida at Large
My Commission Expires:
Notaty Public. State of Florida at large
My Commission Expires Dec. 20,1992
-4-
10621. `fir
PARCEL I: The Northeasterly 50 feet of the Southeasterly
100 feet of lot 22 Block "A" being part of the POLLY LEWIS
DONATION, in Section 39 Township 54 South Range 41 East,
as per _plat recorded in Plat Book "B" page 96, public
records of Dade County, Florida; said land being also
described as follows: The Northeasterly 50 feet of the
Southeasterly 180 feet of lot 22 Block "A" of FLAGLER as
recorded in Plat Book 5 page 44. Said property fronts 50
feet on- Brickell Avenue and is 180 feet in depth. Said
property is also described as follows, to -wit: .
For a place of beginning, start at that point on the
Northerly boundary line of Brickell Avenue where the line
between lots 21 and 22 of Block "A" as shown on Plat of
part of Polly Lewis Donation, as recorded in Plat Book "B"
page 96, intersects the Northerly boundary line of
Brickell Avenue, thence in a Southwesterly direction along
the Northerly boundary line of Brickell Avenue a distance
of 50 feet; thence in a Northwesterly direction parallel
to and 50 feet distance from said line between lots 21 and
22, of said Block "A" aforesaid, a distance of 180 feet;
thence in a Northeasterly direction parallel to and 180
feet distance from said northerly boundary line of
Brickell Avenue to the said line between lots 21 and 22
aforesaid; thence in a southeasterly direction along said
line between lots 21 and 22, a distance of 180 feet to the
place of beginning; all as shown on a plat of part of the
Polly Lewis Donation, as recorded in Plat Book "B" page 96
public records of Dade County, Florida; AND
PARCEL II: The West 50 feet of the South 180 feet of lot
22 Bloc "A" of FLAGLER, a subdivision in Miami, Florida,
according to the Plat thereof recorded in Plat Book 5 page
44 of the Public Records of Dade Countyr Florida, the said
tract of land being more particularly described as
follows:
For a place of beginning, start at that point on the North
boundary line of Brickell Avenue where the line between
lots 22 and 23 of Block "A" as shown on plat of part of
Polly Lewis Donation as recorded in Plat Book "B" page 96
public records of Dade County, Floridar intersects the
North boundary line of Brickell Avenue; thence in. a
Northeasterly direction along the North boundary line of
Brickell Avenue a distance of 50 feet; thence in a
Northwesterly direction parallel to and 50 feet distant
from said line between lots 22 and 23 of Block "A"
aforesaid, a distance of 180 feet; thence in a
southwesterly direction parallel to and 180 feet distant
from said North boundary line of Brickell Avenue to the
said line between lots 22 and 23 of Block "A", aforesaid;
thence in a southeasterly direction along said line
between lots 22 and 23 a distance of 180 feet to the place
of beginning; all as shown on a plat of part of the Polly
Lewis Donation as recorded in Plat Book "B" page 96 public
records of Dade County, Florida.
10621Y
EXHIBIT "A"
MiRedge & Iden
A T T O R N E Y S A T L A W
Gary M. Held
VIA FACSIMILE TRANSMITTAL
Mr. Guillermo 0 medil o
Assistant Director
Planning Department
City of Miami
275 N.W. Second Street
Miami, Florida
CITY OF MIAMi PLANNING DEPT.
59 MAR 31 PM 12-- 59
Fit
March 29, �1989
Fox,
Covenant on 1918 Brickell Avenue
Dear Guillermo:
Thank you for your telephone call yesterday regarding
the covenant. We have reviewed the file and discussed your
requests to reduce the proposed height to 40 feet and to
place a twenty foot landscaped buffer in the rear of the
subject property. We can agree at this time to the 40 feet
height limitation and will amend the covenant accordingly.
However, we wish to proceed on the basis of the ten foot
buffer as we initially proposed.
The reasons for this include: (1) the covenant already
provides for the building to be set back 40 feet from the
rear property line; and (2) this situation is identical to
that of the property at 2100 Brickell Avenue, which only
had to place a ten foot landscaped buffer at the rear of its
property. Whatever need there was for an alley or driveway
in the 30 feet area between the landscaped buffer and the
building at 2100 Brickell will probably be experienced at
this location as well, so the identical development
situation will in all likelihood occur. This combination of
a ten feet landscaped buffer, 40 feet rear setback, and low
impact use in the 30 feet area in between will probably have
the same impact as the larger landscaped buffer. Because
there will be no difference, we cannot commit to the larger
landscaped area suggested at this time.
We hope you understand and can continue to support the
application. I am sure that at the time a landscaping plan
is submitted to your Department, as provided in the covenant
that any concerns you may have as to the effectiveness of
the 10 feet buffer can be addressed.
Please contact me upon your receipt of this letter to
discuss the matter further. Thank you.
Sincerely,
zV
SUITE 500 . 2100 PONCE DE LEON ROULEVARO . MIAMI, FLORIDA 3313A . TELEPHONE (305) 446.1500