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HomeMy WebLinkAboutM-89-0588(I speak for Ann Buchberger, of 2250 Southwest 16th Street and myself as owner of the property at 2260 Southwest 16th Street,) r; TO: MIAMI CITY COMMISSION Mza DATE: June 15, 1989 RE: 2210 Southwest 16th Street and 1600-02 Southwest 22nd Aveune Lots 1, 2, and 3 Block Vedado Subdivision (10-19) P.R.D.C. I object to removing the restrictions on the property. It interferes with the peaceful enjoyment and neighborhood atmosphere. Any of the following would add to the "pollution" of the area: - Restaurant (Even a tea room) - Beer, Wine, or Liquor Sales - Grocery Store This is a family -type area. An area of homes, not a commercial mini -center. Please, don't make the matter worse with more lenient uses. Don't add to the traffic, the noise and clutter, and the problems that liquor sales are a part of. He misrepresented before; Jemajo said all they, wanted to do was pave the lot and keep the natural quiet of the neighborhood. You're letting him ERODE and totally change the nature of the area, little by little:" k In your good wisdom...STOP IT NOW: ; This same commission permitted Jemajo to EXTEND his parking lot, pave it, and tear down homes in the process. Consider how you are letting the dominos touch one another and all fall down. ,{ Stop it now, or -- change the whole street, 16th, from 22nd to 27th to four 1 s, with strip centers on both sides... Please don't! Robert H. P ler' Owner of 2260 Southwest 16th Street �`taJic genob j by # 061489 ; TIPl� is - Tom•-• a � 1 oii 2 }' r L d 8 rfy "`yrQx, 4. • { ha Ci#y clerk X tr b rity�_gx a ram' �� tii� �iz J•X. r .''F ^e '•4 i'. JAN .30 PH 4t s, # 1 U SEC »And i AM PC b9MRATION OF RESTRICTIONS KNEW ALL MEN BY THESE PRESENTSs " THAT the undersigned, JEMAJO CORPORATION, being the owner of the fee simple title to the property legally described ast Lots 1, 2, afid 3 of VEDADO, according to the Plat thereof as recorded in Plat Book 10, at Page 19, of the Public Records of Dade County, Florida. makes the following voluntary Declaration of Restrictions cov- ering and running with the above referenced property, specifying that this Declaration shall constitute a covenant running with _ the land and shall be binding upon the undersigned and all part - Les deraigning title through it. These Restrictions during thd'ir lifetime shall be for the benefit of and a limitation upon all present and future owners of the real property and to the City of Hiami, Florida, for the public welfare. 1. The owner is presently an applicant before the City Commission of the City of Miami, Florida to rezone the subject _ property from RS-2/2 to CR-1/7. 2. If the property is rezoned to CR-1/7, the owner, will not use said property for the following purposess (a) Residence hotels, lodging houses, tourist homes, and guest homes, with quarters rented for periods one week or more, hotels and other transient facility. (b) Private clubs, lodges, fraternities, sororities and the like. (c) Playgrounds, playfields, and auditoriums. (d) Package liquor stores, lounges and bars or any sale of alcoholic beverages. (e) Restaurants, tea rooms, and cafes. (f) Any use which would necessarily produce noxious odors or loud noises so as to create a nuisance. (g) The operation of any drive-in or drive-thru teller facilities for financial institutions. (h) Repair shops. - (i) Retail establishments for the sale of any food products including grocery stores, meat markets and bakeries. 3. If the property is rezoned to CR-1/7, the. following, —� covenants and restrictions shall be applicable to the property:, =ti (a) At no time will any wall be constructed on the, property;'_ which: would unduly obstruct the view qx ,visibility •fr6m � adjacent lots.; .- E (b) All. air conditioning units and, fans .shall be installed on the roof of the building so as to avoid noise a`nd heat tc;�yk s '' adjacent lots. Submitted into the. public :ORD AND RETURN T4: �. record in connccon with "4 Miriam Maer, Assistant City Attorneyite ;4 CITY LAWS,, pppRTMEyT pFS FRET M¢tty i9AS'.FLAGLf<R City Cidx ; z x St3iTE 11031 AW 1 �. *'r x d ' «.aa.++wee.:>'. 441 (0) No refuse collection shall take place except from 5.W. 22nd Avenue and all such refuse collection shall take place after 9:Oo A.M. and before 4:OO P.M. (d) Landscaping shall be planted in conformance with the City of Miami landscaping code. (e) All security lights be directed away from a residential area. (f) Hours of operation shall be permitted between 7 A.M. and 9 P.M. daily. (g) The use of lots 4 and 5 shall be for residential purposes only. 5. This Declaration of Restrictions may be modified# amended or released as to any portion of the lands covered hereby by written instrument executed by the holder or holders of the fee simple title to the subject property and by the City of Miami or its authorized representative, provided, that no such mod- ification, amendment or release shall be made without a prior: public hearing being held by the City of Miami. 6. This Declaration shall enure to the benefit of the owner, the City of Miami, and all property owners within 300 feet and may be enforced by the City of Miami and by such owners of f t di of the subject ro ert by a t property within a 300 0o ra us P P suit in equity against the then owners of the subject property violating these restrictions, after a determination that a violation exists is made by the City Commission and the Code - Enforcement Board of the City of Miami. IN WITNESS MHEREOF, the undersigned has set its and seal this �-qt day of%,4A(ttA0 • , 1985. JEMAJO C PORATION i _ Pablo Perez, Presid t' STATE OF FLORIDA ) i SS: �- COUNTY OF DADE The foregoing instrument was acknowledged before me this 9 9 day of'�.,'!ict.' , 1985, by Pablo Perez, as President of Jema o Corpor ton, a'?�l'r� corporation, on behalf of said corpora tion. - 7C.��%/ Wit. �►. �` 3 Notary Public �,,.n}I/I/,.H,1.•, State of Florida at Large6A< ''•. ,t My Commission Expires: �.•. •.s , • xo 4Yt•-�k:y Notary Public State of Florida it lane. j �;�' ; �. ti.• ; r 91 conemission Ezpir es pec. 51 1987 = r . ��•O1 w4Tr; o t a STFtti'= r - nw.r•r a .d,w ,.... rAY. WAft CARD -I 01 D.Dt tpVMl/. 14D.}D4 DECa4 .c.u1W 2 4 ? RICAAItDpa�•HR�t�NpK�� gh��� Zr r r i 4S. u n , is t { , 'S 1 PZ 9 ZONING FACT SHEET LOCATIONJLEGAL 1600-02 S.W. 22 Ave. 2210 S.W. 16 St. Lots 1, 2, and 3, Block 1, s Vedado (10-19) •P.R.D.C. Pe rez erez APPLICANT/OWNER Felix. 2000 S.W. 17th Terrace Miami, FL 33145 Phone: (305) 541-2175 rt: CR-1/7 Commercial -Residential ZONING >>_ (Neighborhood) REQUEST Modification of ,.,Declaration of $, Restrictions of, January 24th,:19851 t to allow retail establishments—, (grocery store, bakery, cafe, and restaurant) for -the sale of food and F beverages (i ncl udi ng,,beer and wine) .' RECOMMENDATIONS DENIAL. The exi'sting`.44 parking spaces are required for: the, present -� uses. If a restaurant is alloyed in I 25% of the existing building, approximately 3,300 -sq. ft will - require 33 spaces, which added to the 18 required spaces for the 751E of the building,. will result; in 51 spaces required. A variance `for 27 spaces will be needed, there are only 23 spaces provided on the adjacent site. If _,the restaurant includes live :.entertainment, the same amount of square footage will require 43 spaces, which added .to the. 18.:_required spaces wi11 total YS f'- -61.spaces. A variance for 37.spaces wi) l be needed, ' 14' additional _ spaces, r`Y' to the ones provided on the adjacent site, ae`"` 5 f § r REQUEST Zoning Change from RS-2/2 to CR-1/7 for lots 1 through 5. Planning Department Denial. Zoning Board Deferred for applicant to meet with neighbors. ; Res. ZB 61-84. Zoning Board 09/17/84 Denied. Res. ZB 68-84. i City Commission 10/25/84 Continued. City Commission 11/15/84 Passed on First Reading for lots 1, 2, and 3 only. City Commission 12/20/84 Continued. Motion M 84-1495. — City Commission 01/24/85 Passed on Second Reading. Ord. 9952. Subject.to a_ Declaration of Restrictive ; Covenant that restricted, among_ _ other things, the use of lots 4 and 5 ao residential is purposes only. — City Commission Meeting 11112/87 A REQUEST Modification of Declaration of Restrictive Covenant, by _ eliminating paragraph 3(g) to allow the use of lots 4 and 5 for additional parking.— _ Planning Department Denial. City Commission Continued. �� i �� City .Commission 11/19/81 Continued. ,, City Commission' 12/02/87 Continued. 4„ ;;.$ City�Commission 41%28%81: Passed. Res. $8 IOC: � — Ia 5 rY.jF �, R;,e t x 4 2^. tjf '; r••��.1�' i' { f+ {��r� ' '- (k'�Js�'�'i. ,(�.,..59u�<M.'ua. .. - i Joni na Board Mee* i na05/02/88 - - Special Exception to allow a REQUEST surface parking facility on lots 4 and 5, Block 1. — Denial. Planning Department Granted, Res. 68-88. Zoning Board 1Y+ M t t g 3 f ) j + - - • f 4* i l 1 t' � 4 �.� }}p�� ��5`� ��tf �T ry �M1i �"` Yt ! t T 1 .f �� 1 t-Y ,}^^^k ,.e/• y �' � T F ni M 4 ;{ �'L —_ :`� - C�. in.tTyi 1>^`•f'1.1� 4 �a ,V i :�- / t N.x �. i,+ rt'Si}fb t 5 i 1 7 � - _- - �. ".hit �fa r;. 1 tY- J er L i "Cm'4 'S. al � � Y�+'.l,yF, y � _- �i'nr�a � �` �Td 1K )t t* t`. ♦ 1 rggE¢�,, t�;�4 } '�a'�w � (� {ii_ Yli�..4yrr''�`F�i�1 r N♦ �•}t'tR {'.'ii a.r f. � S tt t' ���,R...`!, ,L t��' : td+';`� _Ei�..C't'��°4.. —� C T'Y or DAM � Before me, the undersigned authority, this day personally appeared 5HEILA WOLFSON • ,Nho being by ire first duly gworno 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 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 ccmplete permission for him to act in their behalf for the change t •�r modification of a classification or regulation of zoning as set out in the accwWnying petition. t i - 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone nvnbers and legal de3=ption3 for the real property which no is the owner or legal r a representative. F S 4. The facts AS represented in the application and documents submitted in conjunction with this affidavit are true and correct. - ., t Further Affiant sayeth not. • (SEAL) �Nam1 Sworn to and Subscribed before me this , day of �19- t _ i 4 t: f State of Florida at Large .. IoCQSdssion Expires: 4 NOTARY PUBLIC SPATE OF FLORIDA + NY COWSS1I^• EXP, OCT 12.1S21 ,.s 1.'U,} i V + 5 triAN-g ...-= r_ 010MA'S Litt Owner's Nsfie Felix J. Perez, 1/3 Jemajo Corporation Mmkb Hailing Address 2000 S.W. 17th Terrace, Miami, Florida 33145 Telephone Number (30S) 858--3781 Legs) Description: Lots 1, 2 and 3, 8lock_1, VEDADO, according to the Plat thereof as recorded in Plat Book 10, • at Page 19 of the Public Records of Dade County, Florida. Owner's Nacre Jorge Perez, 1/3 Jemajo Corporation Wlint Address 80 West Shore Drive, Miami, Florida Y Telephone Number (305) 285-6778 legal Description: Lots 1, 2 and 3, Block 1, VEDADO, according to the Plat thereof as recorded in Plat Book 10, at Page 19 of the Public Records -of Dade County, Florida. Owner's Name Jose Manuel Perez, 1/3 Jemajo Corporation Mailing Address 1776 S.W. 13th Street, Miami, Florida 33145 Telephone Number (305) 858-3699 Legal Description: Lots 1, 2 and 3, Block 1, VEDADO, according to the Plat - thereof as recorded in Plat Book 10, at Page 19 of the Public Records of Dade County, Florida. 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 Description Lots 4, 5 and 11, Block 1, VEDADO,, 1601 S.W. 23 Avenue, _ according to the Plat thereof as Miami, Florida recorded in Plat Book 10, Page 19, _ Public Records of Dade County, Florida. Street Address s Legal Description Street Address Legal Description F Efl !i'j`R k r ! } S t i ze d� r y { 4(,2 tp 6 {. 015c=gn OF C%giww 1. •tegal description and street address of subject real property: Lots 1, 2, and 3, Block l,' Vedado Subdivision according to the Plat thereof as recorded in Plat Book 10, Page 19, of the Public Records of Dade County, Florida. 2200 S.W. 16th Street, Miami, Florida. 2. Owner(s) of subject real property and percentage of ownership. dote: City of Miami Ordinance No..9419 requires disclosure of all parties �iaving a financial interest, either direct or indirecti, 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. Jemajo Corporation - 100%, 2200 S.W. 16th Street, Miami, Florida Felix J. Perez - 33-1/3% of Jemajo Corporation, 2000 S.W. 17th Terr. Miami, Florida, President Jorge Perez - 33-1/3% of Jemajo Corporation, 80 W. Shore Drive, Miami, Florida, Treasurer Jose Manuel Perez - 33-1/3% of Jemajo Corporation, 1776 S.W. 13th Street, Miami, Florida, Secretary 3. Legal description and street address of any real property (a) owned by any party listed in ansmr to question #2, and (b) located within 375 feet of the subject real property. ' JEMAJO CORPORATION 1601 S.W. 23 Avenue Miami, Florida Lots 4, 5, and 11, Block 1, Vedado Subdivision according to the Plat thereof as recorded in Plat Book 10 at Page 19 of the Public Records of Dade County, Florida. rrmy"&, M�- STATE OF FLO= ) SS: comay /' 6= SHEILA WOLFSON, ESQ. , being duly sworn# deposes and says that he is the Attorney tor Owner) of the real property described in answer to question #1, abovei that he has. read the foregoing answers and that the same are true and aoa;leter and' (if acting as attorney for caner) that he has authority to execute this Disclosure of Ownership fora as behalf of the owner. T", QZ 6,t) (SM) 5N" io AD y. before me . tbi*s< ;r day of May `";' 198 90 , s Public, Rate at t_ Florida at Lacgs ,N9Y IC °iA� G"► , rr GJ` .r Er+. _ 1t.1rt9t x� pp�p a d: 140MMATtOW, OP . DkMAMT109 Or =TR MOONS This Modification of Restrictions is made this ,6 , day of . 1089 by 3emajo Corporation, (hereinafter referred to as the "Owner") in favor of the City of Miami (hereinafter referrer to as the "City"). WITNESS9TH= WHEREAS, the Owner holds fee simple title to Lots 1 through 5, Block 1, Vedado, according to the Plat thereof recorded in Plat Book 10 at Page 19 of the Public Records of Dade County, Florida, hereinafter referred to as the "Property". WHEREAS, a Declaration of Restrictions (hereinafter referred to as the "Declaration"), in favor of the City of Miami was recorded 'in the Public Records of Dade County in Official Record Book 12400 at Page 440, which placed certain restrictions and conditions on the use of the property; and WHEREAS, a Modification of Declaration of Restrictions was approved by the City of Miami in Resolution No. ,AT a C.and recorded in Official Record Book , 0 T3 at Pages a of the Public Records of Dade•County; and WHEREAS, a public hearing was held before the City 'of Miami Commission on 1989, at which hearing the modification of Paragraph 2(d) of the Declaration was approved by Resolution No. to allow the following uses for Lots 1, 2, and 3, Block 1, Vedado, according to the Plat thereof recorded in Plat Book 10 at Page 19 of the Public Records of Dade County, Florida: From: _.'. "(d) Package liquor stores, lounges and _ bars or any sale -of alcoholic beverages." To: - "(d) `Package liquor stores,lounges and bars or any sale of alcoholic beverages -other than beer and wine as may be allowed by applicable laws." Further, the modification of Paragraph 2(e) of the Declaration was also approved by Resolution No. to allow the following uses for Lots 1, 2, and 3', Block 1, Vedado, according to the Plat thereof recorded in PlatBook 10 at Page 19 of the Public Records of Dade'County, Florida:. From: "(e) Restauraots,• tea rooms, and cafes". To: " (e) Tea rooms". Further, the deletion of Paragraph 2(1) which reads as is ' foll6ws s f g,; Retail establishments for the sale of 1 an food products' including rocer y P 9 .9 Y stores =•� ' meat markets and bakeries" < { This instrument reparedi b,► Sheila Wolfsa°, 13�c� r f3scepaber9. Tacaur:�9 HaPfmarta,► �igof,, =oaa Qaea7,r i'.J� t A:, was approved by Resolution No. _ as pertaining to Dots 1, 2, and 3r !Block 1, Vedado, according to the Plat thereof recorded in Plat gook 10 at Page 19 of the Public Records of bade County, Florida, WHEREAS, Paragraph 5 of the Declaration states in relevant part that the Declaration may be modified, amended or released by a written instrument executed by the holder or holders of the fee simple title to the property and by the City of Miami after public hearing. NOW, THEREFORE, paragraph 2(d) of the Declaration is hereby modified as to Lots 1, 2, and 3, Block It Vedado, according to the Plat thereof recorded in Plat Book 10 at Page 19 of the Public Records of Dade County, Florida and shall read as follows: "(d) Package liquor stores, lounges and bars or any sale of alcoholic beverages other than beer and wine as may be allowed by applicable laws." Further, paragraph 2(e) of the Declaration is hereby modi- fied as to Lots 1, 2, and 3, Block 1, Vedado, according to the Plat thereof recorded in Plat Book 10 at Page 19 of the Public Records of Dade County, Florida and shall read as follows: "(e) Tea rooms". Further, paragraph 2(1) of the Declaration which reads as -. follows: "Retail establishments for the sale of any food products including grocery stores meat markets and bakeries". .is hereby deleted as to Lots 1, 2, and 3, Block 1, Vedado, according to the Plat thereof recorded in Plat Book 10 at Page 19 of the Public Records of -Dade County, Florida. IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of , 19890 WITNESSES: OWNER: JEMAJO CORPORATION By: Felix J. Perez, Vice President STATE OF FLORIDA ) s j SS; COUNTY OF DADE I' HEREBY CERTIFY that on the da Y of ; 19569 , f : before me personally appeared FELIX J, PEREZ for Jem`g�` Corporation, who executed the foregoing` instrument, apd he do .� +� 4 acknowledge to me the execution thereof for the use and purpQsest F� Y mentioned. and in his capacity as Vice 'President ` Qf�mao,�"' t. t Corporation`:, - (` gt4 . Y ' �•. .' : ' .�r '.' F 3 1 r.,;7 �o , an-`y} 3jTi,�+�.0 f i NQTARY_.Fa,9LIC, .State at :La;,e z �i My Co main ian xpixea t , a �Vc �a•1 .. K:..ic5> .. _.i 'w-. ♦ 4 1lT •]1R4�• .... .. . .. ........... i. . -. ..- s ..t .....ro i.'3t...♦.�..���'� , Txas ,, r Rt STR1C'1'tt31q This Modification of Declaration of Restrictions in made this -24 day of April, 1989 by Felix Perez (hereinafter referred to as the "Owner"), in favor of the City of* Miami (hereinafter' referred to as the "City"). y�ITNE 8 58Ta: WHEREAS, the Owner holds fee simple title to Lots 4 and 5, Block 1, Vedado, according to the Plat thereof recorded in Plat Book 10 at Page 19 of the Public Records of Dade County, Florida, hereinafter referred to as'the "Property". WHEREAS, a Declaration of Restrictions (hereinafter referred to as the "Declaration"), in favor of the City of Miami was i recorded in the Public Records of Dade County in Official Record Book 12400 at Page 440, which placed certain restrictions. and conditions on the use of the property; WHEREAS, a public hearing was held before the -City of Miami Commission on January 28, 1988, at which hearing the modification of Paragraph 3(g) of the Declaration was approved by Resolution No. 88-106 as follows: From: "(g) the use of Lots 4 and 5 shall be fo r residential purposes only." To: "(g) The use of Lots 4 and 5 will be limited to a transitional use parking lot permitted by special exception pursuant to the City of Miami Zoning Code." NOW, THEREFORE, paragraph 3(g) of the Declaration is hereby f -� modified as aforesaid, STATE Of FLORIDA COUNTY O/ DaaG i Hs4caY cERr +. w1►, ortg.r�' .•r10'i ` elf! � day f�y VrIL 1 i a� •� `���1 Y}Yf .fiIS iffi ^4. t aichlVo', an t rA►�i ! � �j ey Gl% ti ' Thfs It�atrumeat Prepared } By Sheila Wolfson, sd, • " ``` h$ � 1, Greenbscg,' Trauri ; `fmaA; Limey/ ff, :Roge uentel, B.A�: { 1221 Bcickisll ei,awi Flc�r da : 3131' � y; IN WITNESS Wggrigorr the undersigned have set their hands and 'I seals this .,5026--, day Of Xprilt logo. WITNESSES I STATE OF FLORIDA ) SS OWNER! J- FELIX PEREZ COUNTY OF DADE I HEREBY CERTIFY th'at on the day of 1989, before me personally appeared FELIX PEREZ# who executed the foregoing instrument, and he d id acknowledge to me 'the execution thereof for the uses and purposes mentioned and in his capacity as Owner. W'kZ6�� NOTARY PUBLIC State of Florida at Large My' Expires: -Commission NOTARY MUC STATE OF FLORIDA NY COMI&SION W. OCT 12.15-31 OOKOED THRIJ MEAL JUS. VW. 10 t .42 2 80, "5 b"