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HomeMy WebLinkAboutO-10441J-88-04 12/16/137 ORDINANCE NO. t0441 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, NY CHANCING THH ZONING CLASSIFICATION OF APPROXIMATELY 2785-2855 TIGERTAIL AVENUE AND APPROXIMATELY 3241-3299 MARY STREET, MIAMI, FL0RinA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/� GENERAL RESIDENTIAL WITH AN SPI•-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO RG-2J6 GENERAL, RESIDENTIAL AND RETAINING THE SPI-3 OVERLAY DISTR.ICT BY MAKING; FINDINGS; AND BY MAKING ALL, THE. NECESSARY CHANGES ON PAGE NO. 46 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 me(-t.i.na of December 7, 1987, Item No. 1, f.ollowing an advertised hearing, adopted Resolution No. ZB 120-87, by a six to three (6-3) vote, recommending DENIAL of a zoning classification, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of: f' this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants, K{ notwithstanding the Zoning Board's recommendation of denial, to grant this change of zoning classification as hereinafter set V forth; Ix 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 4 by changing the zoning classification of approximately 41 2785-2855 Tigertail Avenue and approximately 3241-3299 Mary s. f Street, Miami, Florida, more particularly described as Lot 35 s less north one foot and west five feet, Lots 36-38 less west five feet, Lot 39 less southeasterly five feet, Lots 40-43 .less one foot at north and west rear property lines and lass southeasterly' five feet, Lot 44 less north one foot, east one foot, and J-88-04 12/16/87 3 ORDINANCE NO. A.0441 AN ORDINANCE: AMENDING THE, ZONI:NG ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE; OF THE CITY OF MIAMI, FLORIDA, FAY CHANGING THE; ZONING CLASSIFLCATION OF APPROXIMATELY 2785-2855 TIGERTAIL, AVENUE AND APPROXIMATF,LY 3241-3299 MARY STREET, MIAMI, FLORIDA, (MORE PARTICULARLY. DESCRIBED HEREIN) FROM RG-2/9 GENERAL RESIDEN,rIAL WITH AN SPI-3 COCONUT GROVE MAJOR S'CREETS OVERLAY DISTRICT TO RG-2/6 GENERAL RESIDENTIAL AND RE:TAZNI:NG THE SPI-3 OVERLAY DISTRICT BY MAKING FINDINGS; AND BY MAKING ALL THE; NECESSARY CHANGES ON PAGE; NO. 46 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SEC:TION 300, '.THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meetin4 of December 7, 1987, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 120-87, by a six to three (6-3) vote, recommending DENIAL of a 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 s: grant this change of zoning classification as hereinafter sit forth; I 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 approximately 2785-2855 Tiger.tail Avenue and approximately 3241-3299 Mary k, Street, Miami, Florida, more particularly described as Lot 35 less north one foot and west five feet, Lets 36-38 less west five feet, Lot 39 less southeasterly five feet, Lots 40-43 less one foot at north and west rear property lines and less southeasterly five feet, Lot 44 less north one foot, east one foot., and x ! 1LU441 F `i t � i e southeasterly five feet, COkNEtjIA M. DAY SUBDIVIfi1ON as record+-�d in Plat Book 3 at Page 16 of the Pt.thl.ic R.ecc?rds <,f Dade County, t~ lorida, frr)m RG-2/5 General Residont i al with an sPI-3 Coconut Grove Major Streets Overlay ni.str. i#-t to RG-2/6 General Residential end retail -inch the >PI•-1 Ove:�tDist riot. Section :2. It is hereby found What this zoni.ncx classification change: (a) Is in conformity with the adopted Miami Comprehensive Neighborhood Plan; f; (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 n(-?eds of the neighborhood # i 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.; t (f) Is necessary due to changed or changing conditions; (9) 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; Fi (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. 46 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, Sectioel 300 ra!' „aicl Ord inanc:.-? i ?-teret7y arr,oncied, to rpr•I,?eat the changes made necessary by these amendments. y Sect ion 4 . All ordinances or part: of in:;«far 'is they arty incon:;intent or in c'confl.ict with the prnvl. ;i{ins or this* ordinance are hereby repealod. Sectie�n 5. Ii any section, part �,�f SE'c:tion, r7iraclraph, clause, phrase, or word aC this c)rclinance is declared invalid, the remaining provisions of this .1inanc( :,hall neat Ise affected. This Ordinance shall he eaper.;ativea and the provisions thene�.af, unless otherwise indicated, shall effective in accot-dance with City Charter provisions. PASSED ON FIRST READING BY TITLE t')NLY thi:; ?.8th day of April , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 19th day of May , 1988, AT • Gj`'c'(.ijL.. u3, • MA TY HIRAI XAVIER L. SUAR Z, Mayor t City Clerk a- PREPARED AND APPROVED BY: G. MIRIAM MAER e Assistant City Attorney J l APPROVED AS TO FORM AND CORRECTNESS: LU A IA. DOUG ERTY r C,i'ty Attorney GMM/rcl/M258 h:, iv t,it. c,r �1►,,,,ti. t'Ica'stit, } A. iriitl i a7N�raf#� e,1•i11eJ,7,11ci' ti1'.ly 3?.°p'1:=ti ,: !t'•• �•^•, •l. of the. D,uh• 0minty l: ulri 3ie,;:,.�•;;t tht t't:� ,,,:r ;Jet) r i lit; . t i tJ C:ii t1ti�i I -3- XW rJf AT 1.AW Mtkmi. Ft,()ti1DA AMAN June 2 1988 G. Miriam Maer Assistant City Attorney 1100 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131 _ .._._ Re: tltem PZ-6 and 7, May 19, 1988. City Commission Agenda. tots 35 thru 38; less the West 5 feet thereof; Lots 39 thru 44; less the Southeasterly 5 feet thereof; CORNELIA M. DAY'S SUBDIVISION, PB3/16, Dade County, Florida. Dear Ms. Maer: Enclosed herewith is the original Declaration of Restrictive Covenants from James G. Robertson, owner of the above described property, duly notarized and witnessed. The City Clerk has advised me that the original ordinance and resolution rezoning the above property and granting a height variance has not as yet been signed by the appropriate city officials of the City of Miami. I request a certified copy of the above prior to the recording of the Declaration of Restrictive Covenants. If there is any charge for these, please.advise and I will remit same. Thank you for your cooperation in this matter. Sincerely, 1 :x Jack R. Rice, Jr. p JRR/fr cc: James G. Robertson x` Gloria Fox, Hearing Boards Guillermo Olmedillo, Planning Department Matty Hirai, City CTei-k DL -L4 - 4 4 7L. i = 4, ZONING FACT SHEET LOCATION/LEGAL Approximately 2785-2855 Tigertail Avenue and Approximately 3241-3299 Mary Street Lot 35 less N1' and W5' Lots 36-38 less W5' Lot 39 less SE'ly 5' Lots 40-43 less : at North and West rear property lines, and less SE'ly 5' Lot 44 less N1', El', and SE'ly 5' CORNELIA M. DAY SUB. (3-16) P.R.D.C. . APPLICANT/OWNER James G. Robertson • 25 SW 2 Avenue Miami, Florida 33131 Phone 313-5711 Jack R. Rice Jr., (Power of Attorney) 2424 NW 1 Street Miami, Florida 33125 Phone = 643-0240 ZONING' RG-2/5 General Residential with an SPI-3 Coconut Grove Major Streets Overlay District REOUEST Change of Zoning Classification in the Official Zoning Atlas of Zoning -Ordinance 9500, as f amended, the Zoning Ordinance of the City of k Miami, to RG-2/6 General Residential and x_ retaining the SPI-3 Overlay District. RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. The proposed cnange would not be in ` conflict with the Miami Comprehensive (; Neighborhood Plan and would' not require an Amendment to the Plan. No significant changes in the immediate area of the subject property have resulted to justify the granting of the petitioned cnange of sector number. The petitioner is asking for a floor area ratio increase from .75 to 1.21, which is excessive and unjustified. The proposed change could adversely influence l iving conditions in the neignoorn000 and could also increase traffic congestion. The proposeO cnange ' would constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. r ( t 10441 PURL*IC WORKS the sanitary sewer system does nave tufficient Capacity to serve these two lots it the change of toning reouest is approved. However, '` the remainder of the R3-2/5 area was rezoned and redeveloped RG-2/E, the sanitary sewer system design capacity would be exceeded. OAUL COUNTY PUBLIC WORKS No objections. s- 3 ZONIirG BOARD nt its meeting of December 7, 1987, the Zoning Board acooted Resolution ZB 120-87 by a 5 t;; vote, t recommending oenial of tr+.e above. Twenty-five proponents and one 0000nent were present at the meeting. Four objections were received by mail. CITY COMMISSION At its meeting of „anuary 2E, 1988, the City Corm - mission continued the above, and scheduled a work- shop on February 16th for apblicant ono objectors. At its meeting of February 25, 1988, the City { Commission continued the above to its meeting r of March` 24, 1988. At its meeting of March 24, 1988, the City Commission continued the above to its meeting of April 28, 1988. At its meeting of April 28, 1988, the City w; Commission passed the above on First Reading. y� f HISTORY Zonir.. 3oare Meetinc 7, 20/87 _- REOUE... %ovine from n;-2/:, General Chanae or _ Res aential wttr, S?I-: overlay, to ;3-3I6, Resiaential-Office with SP:•3 overlay. a PLANNIhu PARTMENT Denial. t: ZONING $OARO Referrea by Resolutior. �. 69.8' a the { applicant`s reouest. r, CITY COMMISSION At its meeting of February 25, 1988, R the city commission continued the f E above to its meeting of March 244 1988. 5 :. f 1 441 PUBLIC WORKS DADE COUNTY PUBLIC WORKS ZONING BOARD The sanitary sewer system does nave sA,fficient capacity to serve these two lots If the change Of Zoning reouest is approvet. however, the remainder of the Ku-2/5 area was re2oned and reaevel oped Ku-2/E, the sanitary sewer system design capacity would be exceeded. No obj ettions. At its meeting of Decemoer 7, 1987, the Zoning boarc acopted Resolution ZB 120-87 by a 5 tc'3 vote, recommending aenial cf the above. Twenty-five proponents and one 0000nent were present at the. meeting. Four objections were received by mail. CITY COMMISSION At its meeting of January 2c., 198E, the amity Com- mission continued the aoova. and scheduled a work- shop on Feeruary 16th for applicant ano oDjectors. At its meeting of February 25, 1988, the City Commission continued the above to its meeting of March 24, 1988. At its meeting of March 24, 1988, the City Commission continued the above to its meeting of April 28, 1988. At its meeting of April 28, 1988, the City Commission passed the above on First Reading. . HISTORY � '20/87 Zomr,: 5oara Meetinc 7; - REOUE,:" Chance of Zoning from RG-21E,General Residential witn S?I-: overlay, to R0-3/6, Resicential-Office with, S':-3 overlay. PLANNING,MEPARTMENT Denial. ZONIha BOARD Deferre. by ReSolu B94" a: %ne r applicant's reauest. — CITY COMMISSION At its meeting of February 25, 19881 the City pommiusion continued the above to its meeting of March 24, 1988, f c 1441 __.._.._..� v! 11 ,a.. -. ,.."' 14Apt nuEz 11 Oak QTM .25— A V E. +f�RU� GEMINy�+, b +loo a 9 SO Sb ISO �ht K. ✓' tM. A' M �e + 20 I 100 10 2 g i RUTH STEM 5 J ° 100 ! 3 so SO 0 y 6 2 U7i 3 p ° 2 too _ Z ,`� 7 3 23 2C ° ° i- Its 6,ts �C t 24 cc ° a 2S e W . I • � 26 ;7 12 ' 1 am mom RO 6 •5 ' Aso a 3 2Tic:lr2! v2 tso 15 'a Aso 63 soISO I so $ -.. NNW s00 29 SS ! S41 53 ! Sa,.S+ 150 I 49 I ag aZ ' +0 30 u 8 + 3� 14 ►� ti ' MMI.... ...... 3 3 .... .........:....:s.... ' ' ..._......... j4 �ce zeii�c•'.•ii:i R�5_• ::3l�sei I mitts•. � r. 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Z785-'ZU56 Tigertai I A •• !` ���; . `� Approx, 3241-32$9 Clary Street "Eit►:* 10441 APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83 (, Jack R. Rice, Jr. , hereby apply to the City Commis. sion of the City of Miami for an amenament to the Zoning Atlas of the City of Miami cs more particularly described herein and, in support of that request, furnish the following y information: I . 2785 thru 2855 Ti ertail Ave., Miami, :L 33133 Address of property 9 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). y a x 4. Certified list of owners of real estate within 375' radius from the outside -' ry boundaries of property covered by this application. (See Form 6-83 and attcc'^, to application.) :r x 5. At least two photographs that show the entire property (land and improvements). 3i x c. Atlas sheet(s) on which property appears _ Pq cr 7. Present Zoning Designation RG-2 / 5 e,. X 8. Proposed Zoning Designation & Y 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 Opp ii- 1 cation) 11. Other (Specify) See attached documents, photographs and exhibits i• x 12. Filing Fee of $ 7,212.64 according to following schedule: i (a) To; RS- I , RS-1.1, RS-z, , $0 04 per sq,ft. of net lot area, minimum f< E RG- I, PD-H, PD-HC, $300.00 (b) To: RC-29 RG-2.11 $0.06 per sq.ft. of net lot area, minimum RG-2,3, RO.1, $350.00 R0-2, (c) To; RG*2.2, RC-3, $$0.08 Per Sq,ft, of net lot oreo, minimum RQ,3 $400.00 (d) To: CR- I , CR-21 S0. l0 per sq.ft. of net lot area, minimum -_ CR-3, 0-I1 CG- 11 $500.00 CG-2, WF-1, WF-R, -I, 1-2; SPI-11295,1, 8991, I I ,12 (e) To: CBD-1, SPI-6 $0.12 per sq.ft. of net lot area, minimum_ $600.00 (f) For any change in a sector number only, for a particular district classifica- tion, the fee shall be the some as for a change in its district. ciassification, as shown in (b) through (e) above. (g) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.00, to be refunded if there is no appeal. (City Code - Section 62-6I) Signature ter' E. Ad�me/ Jack R. Rice, Jr. It''"'Address 2424 N. W. Firstreet, Miami , 331 Phone (305) 643-0240 i STATE OF FLORIDA ) S5: . 'COUNTY OF DADc ) rl Jack R. Rice ► Jr. , being duly sworn, deposes cnc says tnat ne is the ymDtb4 (AUtnorizea Agent for caner) of the real property described in }t answer to question # I, above; that he has read the foregoing answers and that the some are true and complete; 'and -(if acting as agent for owner) that he has authority to execute this petition an behalf of the owner. Jp,C X R. RICE, JR- SWORN TO AND SUBSCRIBED s before me this 7 day Of .-rune 1987 � -/ ,/ A Notary Pubtic, State of Fiorito ct -arge MY COMMISSION EXPIRES; f Form 25-83 I 10441 I 9a. A STATEMENT AS TO WHY THE CURRENT ZONING IS INAPPROPRIATE The existing zoning of RG-2/5 is not adequate fcr the construction of an additional structure in the vacant property adjoining Banyan I and Banyan II. The configuration of the lot prohibits an adequate use unless the property is rezoned together with the adjoining propert° as set forth in this application. Under the present zoning classification the vacant property can not be developed. There is insufficient off street parking to serve the existing structures as they were constructed prior to the change in the present zoning code. The parking in the area is minimal and it is necessary to upgrade parking to meet the demands of the existing structures that were permitted at the time of construction and under the present zoning are inadequate. The property involved is located on a corner extending in a triangular shape 632 feet on Tigertail Avenue and approximately 307 feet on Mary Street and provides for a gross lot area which includes one-half of the adjoining street. This unusually large street area is not availab for liveability purposes. The site upon which the proposed new buildi will be constructed is unusual in shame (lots 40 and 41), having a street frontage of 100'feet; 101.65 feet which, is the Southwest side lot line, and 215.53 feet; Northeast lot line, and a wedge shape rear` lot line adjoining the two sides of 150 feet. The unusual shape of these two lots and the unuseable liveabilitv'space or one -hale of the street does not permit adequate construction of an economically feasih size building meeting the requirements of the Code The existing structures do not utilize the size and height that is permissible under the existing Code. There is a need for additional residential units in the area. The existing Code will not provide the best development for the subject site. The existing zoning does nat provide a reasonable and suitable use of the property and the zoning regulations are so severe that the applicant can not adequately develop the property. C AMENDED OCTOBER 2.Oth, 1987. 10. a STATE24ENT AS TO WHY THE PROPOSED ZONING DESIGNATION IS APPROPRIATE. `/014 The proposed zoning designation RC-2/6 is appropriate as it is in conformity with the surrounding development and will not change the use of the property. The_nronosed residential units are moderate in size and are similar to the other residential apartment units in the area. The proposed zoning will not alter the use presently in effect under the existing zoning RG-2/5. There is a demand in Coconut Grove of relatively small and medium size apartments as are proposed in the new structure and will provide residents in close proximity to the ronnn,at Grove business area. As previously stated the change of zoning will not change the use o the property and will only affect the intensity factor by an increase from 5 to 6. It should be noted that in the RG-2/5 zoning you can not increase the LUI'to 6 under said designation, thereby requiring a change in zoning to meet this factor. The change of zoning will permit the increase in the height c- the -building (pursuant to a variance filed herewith) to be in confor:.tity with existing structures in the area. The property immediately adjace: to the northeast is a 6 story structure with 60 units (in excess o the height limitation of the. existing ordinance). Immediately to the west of the site on Mary Street is an existing office building 6'_ fee - in height (in excess of the height limitation of the existing orcinanc There are other buildings in the area that exceed the existing height ) limitation as _imposed "on the subject site. The change of zoning would permit the construction of a proposed ' building that would provide adequate setbacks from the existing F` structures thereby decreasing building bulk. : The public parking proposed will provide an upgrading of the parking requirements of Banyan I and Banyan II, permitting the new structure and the existing structures -to now meet the of= street parking space allotment of the Code. Although the existing structures do not meet the: off street parking requirements, with the development of the new t; facility, there will be provided 163 off street parking spaces i� (154 spaces required). The new proposed structure meets the requirement of liveability space in joining with the existing structures. The new structure will be 3` within the zoning regulations providing excess of open space - 74,743 square foot required, 92400 square :foot provided, and provi,di.ng excel of recreational. area. - 11,155 square foot required, 15,800 square fac provided. The new structure as proposed will increase the open area and decrease the building footprint in the area. { ' . 10 441 10, continued The fact that the property involved -is located on a corner extending in a triangular shape 632 feet on Tigertail Avenue and approximately 307 feet on Mary Street provides for a gross lot area which includes one-half of the adjoining street. This unusually large street area is not available for liveability purposes. The site upon which the proposed new building will be constructed is unusual in shape (lots 40 and 41), having a street frontage of 100 feet; 101.65 fees on the Southwest side lot line, and 215.53 feet Northeast lot line, and a wedge shape rear lot line adjoining the two sides of 150 feet. The unusual shape of these two lots and the unuseable liveability' sflace of one-half of the street does not permit adecuate area for the construction of an economical feasible building meeting the reauire- ments of the Code. The proposed new structure on the vacant lots will provide an aesthetic pleasing addition to the area and permit the development of the land !' commensurate with the surrounding properties. The only variance required is from a height limitation of 40 feet; ? 59.99 feet building height requested. Had the property not been included` in the SPI-3 Overlay District, there would be no need for a variance for applicant's prouerty. z a sj E r { 0441 9 INTRODUCTION The purpose of the rezoning of the above properties is to upgrade the, area and to provide for a new residential apartment building I X on the unimproved lots 40 and 41. The new structure will be approximately 59.99 feet in height and is in conformity with 'other structures in the area. The new structure will not be connected with the existing apartment units located on each side thereof. Access to the new structure will be from Tigertail Avenue with two floors of underground parking. The access to the existing structures will be as presently provided. The property Banyan Iz is located on the corner of Mary Street and Tigertail Avenue The proposed new structure and existing Banyan I will be located on Tigertail Avenue. The odd shape of the lots requires a change of zoning to accomodate the proposed new structure. The existing Banyan I and Banyan II were constructed prior to the new zoning ordinance and at the time of construction met the requirements for off street parking. under the new ordinance these structures do not meet the off street marking requirements. The new structure, as contemplated, will provide sufficient off street parking for both the existing and the proposed building.. The immediate area has an insufficient amount of of` street parking of both 'the residents and businesses in Coconut Grove. The existing off street parking on the property has constantly been a problem by vehicle encroachment. The new parking facility will provide 163 off street parking spaces with only .154 spaces required for both the improved and proposed new structure. The purpose of requesting a change of the zoning on this property is solely to change the impact sector to 6. There will be no change of f' use of the property. A covenant running with the land will be executec by the applicant to be approved by the appropriate officials of the _ City of Miami that no business will be conducted on the premises and the use will be restricted solely to residential. The proposed new structure will meet the required setbacks There will be an unity of title ioining all tracts cf both existing and 4 proposed buildings. Aa � raw. fir=. c.r A41%Wry A ,t J1A= -I-i hlr.i l.Wt�� fiy''f► M wMy f r .y. i+ 1 Befcre R:e, the :i,:t��ir�:�',� nL„�.... �uj � ...+.� a�y �rsw� � .`a .u.r �t�C1{ t� • p1CG r U 1�.. Who tee __ 'w�� fre C4 .� ,- A 01 ,r t upc cat.- deposes a: says: 1 7ha tie { s the '�i+7l G�+!►`.a }.MCI: rVA3 iema.. rp,.reseY�«...;. s. .cau -.-....�i SIG4-ie he owner, subm tting the acc-_:—.;=r4 alp? : ^.aticn for a olic hear".ng as requ ed by Ordinance Rio. 9500 cf the Code of the Cit;� of ?�ti2rrs, 1c dd, x_ effectir_S the real propert; located in the City of Miaz i as described and listed on the pages attached to this affidavit and rude a pain thereof. 2. That all owners which he represents, any, have given fuj and c=lete per,^issicn fcr him to act in their c^_r behalf for the ge or =di.`'ication of a classification or regulation cf zoning as set cut 4=6 the acccmparying petition. 3. That the gages attached hereto and made a part cf this { affidavit contain the ="rent names, nm' 1 i g ad—'resses, phone mmice s ar leg=l descriptions for the real proper t;► which he is the owner cr le a representative. k. The facts -as. represented in the alp: ":aticn ant dsc':, tents m; hm itte�'d in ccnj=,czicn with this affidavit are true and correct. Further- Affi.ant sayeth not. vrl.r. lliame,.L, Swc— to a-..d ciu]csc ibCW4 before me this G t'' aay or J_i4 8 77 Notary Public, State of Florida at urge' Nry Ccr miasicn xp4 res; 1� 10441 hai l i nd Addrp _ _ _. _► _. 2nd Ave u g- `}..r eleb!ibnn Nu�1Der t3�) 3"f`3���i1 Le�a1 �asrw`iGttdo: , Lots 3 , 36, 11, an 388; less the West zeet thereof; tocether with Lots 390 401 41, 4, 42, and 44; less the Southeasterly 3 feet thereof; f''C0Mr.LIA M. DAY' 3 8tJ8DtV181:0 , a; cvrdinq to the Plat thereof as redo-rded to Pu 3 at Pace 16, Public Record_ Dade Count-, "lorida O�rner' S Nsrd el C, 'ic-nje11/I��yNumber I,ec:..\ h �.Ca�.� ! !-"�etl f �� o� ` ♦ (�i �,t'GLAr►. ��/Lr�� .ltrk� A+I ✓.rtaril' ' a ,✓ Owner's Name Mailina Address Telephone Number Legal Description: Any ot:. • real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 315' of the subject site is listed as follows: Street Address Leoa1 Description S74 Ft of E 150 Ft Lot 1 & N24 ft of 3200 Mary Street r „ :;n rr1 50 Ft �iiart, i , Florida 33133 Street Address _ Leaal Descriotion P1-F, Grove Towers Condo Disc. James- 2843 S. Bayshore Drive Center, All the Tract PB111/89. tea= , Florida 3 33 Street Address Leoal Descriotion ►t A �•✓. � jsAltcc� �s •IvL /sio v�,a►� rwrs•�►+I ow/c 10441 rZ� �i�Hi 1, Legal deseriatitri atA street address of subject real-ropert*6 2785 thru 2855Ticrertail Avenue, Miami, FL 3313 ; Lots 3 ,, 36, 3 at -A 38, less the West 5 teet thereof; together with Lots 39, 4n, 41, 4 , 43, and less the Southeasterly 5 feet thereof*/ C_ORNELIA X1. DrY'S SUBDii,'ISI01N', - according t: the Plat thereoz as recorded i PS :, pace 10, Pub!;.:: Rec Dade CouritV,. N1)or'da 2. aWt"IE �SI C suuj real pLo►.�`" , "'and' percentage Of Cwnerc::ib. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties n ng a financial interest, either direct or indirect, in the S_0ect matter of a presentation, request or petition to the City C0=1s510M. _ Accdrdinglyt question 42 requires disclosure of all shareholders of eoroorations, beneficiaries of trusts, and/or any other interested pa=ies, together with their addresses and proportionate interest. James G. Robertson, 25 S.E. 2nd Avenue, 441B, Miami, F1 33131 100% interest ,Ce .+s / looe.. r,r.v �- iVi.a°i� � ,v C+/ tsk t�.?r � � e � d�.✓c .�..+ �,�r 1J 3. Legal description and street address of any real property (a) owned by dny party listed in answer to question 412, and (b) located with—L. 375 feet of the subject real property. 3200 Mary Street, S 74 Ft of E 150 Ft Lot 1 & N 24 Ft of E 150 ft`of Lot 2 & N 50 Ft of E LDu Ft Lut 1 �. Pl-F 2843 S. Bayshore Drive Grove Towers Condo Disc Jamestown Center A, b' Miami, FL 33133 All the Tract A, PB111/89 i; �'G I n+ c � � f J 9ru� �! �I� � r✓ V � i ✓ /.tii r C Q..C,! I". +.✓ .Z i ,j I..✓ �rw.-!+� 7 { --:Z:- ,- a � K.F f JACK R. RICE, JR. STATIC OF F'LC3'ctIDA ) SS: -- ` CCcnlT-v CF DADS ) x JACK R. RICE, JR. being duly sworn, deucses arld says tnat ne is the � (Attorney for Owner) of the real pruverty described in answer to question 41s, above; that he.has read the iorecoing answers and that the same Are true and eonplete; and (if ac =g as attcrnev for owner) that he has authority to execute this Disclosure of cwner,�hi-p form on behalf of the owner. (SEAL) (name) JACK R . RICE , Jir. i before we this day of June , *m 7 t Ndtarj ?will race qz" Florida. at Large 10441 fi pt)Wto or A4+011NEv ow rftA J'j R i now RM :den By These {resents i 7'hal I, JAMES G. POBt 2TSOh ha ve made, constituted and appointed, and by these presents do make, constitute and ap oint JACK R. RICE, , JP his true and lawful attorney for him and in his name, place and stead i to apply to the City of Miami in his name for an application for a change.of zoning and related zoning requests to rezone the real property herein described, together with an Amendment to the Comprehensive Plan in reference thereto, with power to represent the arantor of this po%tar of attorney to file the said application with respect to the following described property: Lots 35, 36, 37, and 38; less the West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the South— easterly 5 feet thereof; CORNELIA M. DAY s SUBDIVISION, according ,.o the Plat thereof as recorded in Plat Book 3, at Page 16 of the Public Reccrd of Dade County, Florida, giving and granting unto Jack R. Rice, Jr., said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to to accomplish the above be done/in and about the premises as fully, to all intents and purposes. as he might or could do it personally present, with full power of substitution and revocation, hereby ratifying and confirm- ing all that Jack R. Rice, Jr., said allorney or substitute shall lawfully do or cause to be done by virtue hereof. In 10ltne55 10hereef, I have hereunto set my hand and seal the 15th da o June y f in the year one thousand nine hundred and eighty—seven Sealed and delivered in the presence of . ......... ......... A� 1 - - --1. �. ?-�e� ....-e...................... ,F State Of FLORIDA COUnty Of DADS 1 i 33e it RUM, That on the 15th day of June, one thousand nine hundred and eight -seven ,before me, Florence B. Rice a Notary Public in and for the State of F lorida duly commissioned and sworn, dwelling in the City ow Miami personally came and appeared JA14ES G. ROBERTSON, to me personally known. and known to me to be the same person described in and who executed the within power of attorney, and he acknowledged 'the within power of attorney to be his act and deed. In TWIMony VW90f, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. IL0441 ., •:••.. c K J .Eat sk4 IV. ECTNW\l NA\AGE\JF\T i�r CERTIFIED MAIL RETURN RECEIPT REOUESTED July 8, 198' City of Mia m Planning and Zoning Boards Administration Department P. 0. Box 33070d -.. Miami, FL. 33233-0708 . Public Hearing - July 15, 198" - p.m. 2785-2855 Tigertail 3241-3299 Mar), Street R. E . Loning From .High Moderate Residential to Residential Office Gentlemen: Attached is the card you requested, together with the tax notices indicating lot, bloc}; and parcel numbers for Equitable's real estate holdings within 3"5' of the subject site. The equitable Life Assurance Society of the United States o•000ses the change o zoning _ on these properties from ;nigh moderate dens.t:: residential to residential office. Sincerely, .. �VRussell n. Atlas _ Asset Manager for EQUITABLE RDA:DF ( At t . i t pne wn;oin Piece 19oo range; A9i4 ;guile 4s1. 59Ci AsIon F�;349' E 1044 t . I r.r.� . r• . . �. a iMhddAx i yfi TT yy Salqq OPEII " i,�;1681.61 'CNTY WDE119864.57 an Tye :13 DEBT SVC 40272.52 DEBT SVC 21097.48 11 ;LIBRARY _ 7313.`I8 4% NOV 4631 D8.22 3% DEC 465437.45 s ` 2X 3AN 473266.73 I% FED475095.95 WAO MAR 482925.23 Y"t � .SSJ@,�I3iL �SlL954.,1►3 :Sty@ :iQL. j_yp356.Q3 DELINJUENT 0T7tL^VALUE �6431058 t (� 010 0 01 4122 01 1S00 6 I APR 49 416.98 _._ i. .. - MAY 497416.98 068632-168632-2 RHDDES NEW RISC PH 8-16 { GRAND BAY -HOTEL JDINT VENTURE PDRT LOTS 10 THRU 15-BEG'NELY EQUITABLE REAL EST INV MAN INC coRNLOT III W DEG EL 113588FTF5ELY54'8 -� 1900 GLADES RD STE 451 ETC ROLL �j BOCA RATON F1 33431 _ 6 0100014122011500b 046360822 046843748 047326673 046292S23 + a z " Y / T�L r m r 111 10111' C'I 11W II", I1AI I At;'1'l 111111It III N\'rll PAN NNTVINIO-o't11N ►N�1t1�11 �111E1•rtnr'fM 1��e �Y11�1 U4 1'IAK � t11C••1 �d-44T 4%,;.96 SUB . 4- 1364.4"►--S1IS.-TOT .•— . ' . DELYNdUENT TANGIBLE 111009 __r,nyn fl]+..D7. -qA n'A4_�Y - AAY 33�2.5c J U N 3 413�4 9 jtt, DS IJAY�H6REJSJNT VENTURE r2665TSO AT BAYSNORE DR — nIAnI FL 33133 Oc 2.262 Del Mh 67 0003262 6 07130100075500943 000313216 000316479 000319741 000326267 'ot; ., %.wo ar ♦vvr, a.vr. - ua vv%un +%nu t%ccr run ivun'nca.unuo -"IW' COMBINIO TAX V-tL 1986 REAL PROPERTY TAXE5_, ffyK),il;#%.D i:A7f Lattr.li _ •/° rl:r Unrarw4 .. HIANI �a`` OPEN -` 10724.62 iCNTY -NDE 7450 82 !t T :- 59.32 mm DEBT SVC 2671.34 DEBT SVC 1344.43 .. LIBRARY 440.46 `X `=NDV---'30751.9z '3% DEC 31072.2S 2x JAN 3L392.58" ^wr... I1% FEB_ 3L712.92 .. i0% HAR 32033.25 me ` �1lB,- 0-1-3395:9b: Sit@ 70T. g84Q21 I M.vw i4 !#OiAL�/ALUE- 30II99gq-� DELINQUENT 010 I 0 01 4122 O1 1550 5 APR 32998.25 NAY 32998.2S JML34-168634-2 I •�• ` :15 22 54 41 PS B-16 "GRAND-BAY-NOTEt'JOINT VENTURE RHODES AND PLAT OF NEW BISCAYNE 'B EQUITABLE REAL EST INV HAN INC LOTS 28 29 i 30 a N13.16FT LOT 3 1400 61ADES RD STE'451 L PORT LOT 9 DESC BEG HV CDR BOCA RATON ft 33431 ETC ROIL 6 11i0001412g0115505 003075192 MUMS 003139258 003203325 .T. naI -�.—a.usft+:;2►GAf_ rKurCR1II iMACO .-.Mtt.Mr to --.-.... .. 4 �.,,�. AA -- nI1 WOE ?695. ql OPER 49. 34 SYC 2652.59 CNTI DEBT'5YC 1389.61 14% , n M-D LTJ 55. 9 DEBT LIBRARY 487.01 NOY 30536.06 DEC 30654.15. I3% 2% JAN 3L172.23 FEB 36490.32 ih% 0% MAR 3160S.4D ' -"I 1330103 SUA . TOI . 9771c.63 'TOTAL VALUE�7.082250 .• 1.91,•1ut.,urttt bELtti, UENT 766AS - DID 0 - Ul 4122 01 1490 8 • APR 3 MAY 32766.65 ,.:u.,t �.... ..•.,.. .. 06863U-368630-2 15 22 54 41 PB B-16 GRAND BAY HOTEL JOIi4T % EQUITABLE REAL EST VENTURE INV MAN INC RHpDES AMD PLAT OF NEW B15CAYME PORT OF LOT 9 i-PARC OF LAND LYG a 1900 GLADES RD STE 451 SWLY BEG MOST SLY CDR LOT 9 ETC ROLL BOCA RATON FL 33431 00 1 Z 6 0100D1412201149D8 g03D53606 g0308S415 00311?223 OU31808'�0 _t + ,fit.-� 4 m � Z z m 11 T�L � " PAW ,......�.._ ...'... --Alda_:HEAL.'PRQQERTY. FAXES_ �t.gAtwtW ?1Ai! UblFK'iS y .•t .<N ♦1/ tiaMlaHtU L_.. Iq • —`�Y ii .IA 111 lA. i tf•x " ! LtllAl lAa-f._�37� {.a�� AE w4ff- `UPER t—Hl ! 65';CNTY NDE 8386.77 11 4 j V. �..�.;..to1 wwx:ttNi ts,t s r:.a11n 33T 58�t. DEBT SVC 2817.82' DEBT SVC 1476:1,12 ;LIBRARY 517.35 14x NOV `-32438:07 3% DEC 32775.97 '2% JAN 33LL3.87 r, A — A. 'Ox FEB 37846 UT L !Imu y�;S11a nz___ia3�a� � wl l.A lltJh: W a.. OTAt YlCN> `1i49660` Mr, / 1.4, ru/afw.Mdia DELINQUENT. 010 0 Ol 4122 D1 1501 5( APR 34807.3S MAY 34807.35 ti :.,.�./ l.. _,......x. 068631,-168631-2 RHODES NEW DISC.PB B-16 --GRAND-BAY HOTEL JOINT VENTURE-"-- SLL.32FT OF LOT 31 S ALL LOTS X EQUITABLE R E INV MAN INC 32 THRU 34 6,BEG HE COR LOT'35 1900 GLADES RD S7E`451 S 12.5FT HNLY 17.1,7FT E 12.5FT BOCA RATON FL 33431 ETC ROLL - I 6 01000141220115015"003243807 U03277597 OU3311357 DUJJ78466 + 3 t c�,,>b✓. X711d A9 Z ' Z ' '- !fi h F �;kn ao ?!__ ItLhUJIVW IMASlit t $EL1L OPUPERIY.1AXES -. �, • yCr,G,k ih wl SIwIt 1...CIo as t.:fw, U` txM'I• 1:1A. IAx k 4 5 10611.48 - OPER__T1y`•324. D':CNTY NOE 35"•b7. 7.:DEBT SVC 1869.14 ...•�.,,� rAK;iwr an r gain. DEBT SYC 'LIBRARY 655.07 4%�-,NUV` 41073.t;S' ,. 3% DEC 41501.59 2% JAN 41929.35 1 p% iF1 R _ 42785.05 �+ �Slfl 14I �53492,.25_ .�tE T.QT __:3�i43,b9 +TOTAL aawr,oA; VA lUE--�1455720 ►at:. j i� i :':.1 l:niu rwiwttli DELINQUENT 440?2.60 ._ 010 0 01 4122 01 1560 3� APR _----. KAV 44072.60 ~ 066633-168633-2 .. RNODES NEW RISC PH H-16 --GRAND-DAY HOTEL JOINT VENTURE LOT 35 LESS TRIAN6 TR_IH HE COR b 40 HLK 41 % EQUITABLE REAL EST INV "AN INC LOTS 36 TO j 5900 GLADES RD STE 451 ETC ROLL •J - BOCA RATON FL 33431 Gio��.6for'c✓ td`�iaf 6 010A0X41220115603 0041073LS 004150150 U04142935 OU4278505 + + u._ Z Z w H Y 07-py•7W-�7 1 1 tui 1 4 teNENBAIJM=-Ft •� THIS IS YOUR tw6PY bETACH AND KEEP FOA YOUF :COIibS + ' hl_... COMBINED 1ax tiLi ,�..,...,,•1486-4ttAL -PRAPERXY - AXE bC04001 AND b1,tt I t� t1 ST r 6 ST SVC 4535OT SVpjVMA6- 759. 7 .+�rnti n;tr tt r�tn rti BRARY 9326-81 47. 17 7 36� Lila SUB. -TOT 227432.96 SUB T07 1670?2- 64 1'3TxtP�►LU�-333 0 4`D 2�i: _ D E L I N a U N t 010 0 01 �4122� 01 1470 2 APR 5b03- 1. 32 _ MAY S60171.32 RHODES ACED PLAT OF NEW BISCAYNE `ZR IN T `VE 9T ORF " ` -P 8 8 -16 3250TMARY ST 5TH FLOOR �OTS 6 c s� 7 LESS PORT LYG IN MIAMI , /W BLK 418 33133 ETC ROLL 08 2262 002 033187 05438S177 6 01000141220114702 052209770 052753622 053297473 054385177 t; THIS IS YOUR. COPY - DETACH AND KEEP FOR YOUR _ RECORDS —k t. ^COMBINED .TAX B(l%—:SBb ..PE$SdWaL--ARQPrrpp* T r VCH-UL ♦ND: -ATE D:$T�q:,; iiliY I,AXES ` x 9 D1 4PER M DIST 56.'95 DEBT 33 CNTY WD 809.�81 2•D$ DST SVC 142.54 , 3 LIBRARY 49.95 44 NOV 32. 2 JAN 1147:41' 1� FES 31H 0. '--4 6, S U 6 q4 --.,.._...13 6 4.41--;4t&.-?.�.�'-----�1 D D 2.3 D Q% F1 A R 3 2.6 7 rk..t« K►Mtt► TANGIBLE 111009 .. nn� ^. D94 .3.-.. _ t APRELINQ3313.61 J U N 3 3,49 2$ 5 44 p A p.: SAAYAKEJ�NT VENTURE ¢FATED AT t1 I FL 66S 0 � 9AYSHORE DR 3313 + D7►9Q1t7A07550R943 O6 2b Qti0313 ,6 000316479 000319741 AOD32b267 10441 . SUGGBST=� .. y- ,.�r ?R..,S�.r,_ iC:v r0 :�W4.,�OR.. Dear Sir or ,Madams I am helping the owner of Jamestown Apartments which consists of apartments named Banyan I and Banyan ZI and the vacant lot between the two bui14-ings, to obtain the signatures of neighbors in. the area in order that he may obtain a change of zoning for the property located on 2785-2855 TiQertail Avenue and 3241-3299 Mary Street. We are going to upgrade the parking by providing for three floors of off-street parking in the proposed new apartment building. This will provide much needed parking for the existing Banyan I and Il apartments and will have an excess parking for that required in the new building. This should upgrade the area as the new building will be very attractive with balconies and open space between the existing Banyan Z-and Banyan . I.7 . The,new building will compliment the existing structures in the neighborhood We ask you to sign the petition in favor of the rezoning and variance for the new building and insert your address. We would be `glad to answer anv questions concerning the new proposed structure. Originally we had asked that the property be rezoned from residential to residential office, however, we have agreed to delete the office par_ o= our request and now only ask for a change of zoning which will remain residential from RG-2/5 to RG-2/6. The City of Miam-4 will probably send to you notices of the hearing and a card for you tc insert your approval. We would appreciate that you indicate your approval on any request you receive from the City. The date and time of the hearing of our request will be set forth in the city's notification to vou. Thank you for your assistance and help. RE: 2735-2853 Tigerta..1 Avenue and 3241-32019 :•Iary Street 33133 Dade County,'Florida WE, THE LNDERSIGNEu, residing within 375 reet of the above ment:.onec -roverties do approve cf the rezoning from RG-215 '4oderate :.g;. Zensit- Resident to RG-2/6, and a variance fro:. Section 1530 and 1333.3 to oermit the construction o. a proposed residential build' of 99 eet which will orovide for three floors fer off-street parkins tc utcrade parking for the existing structures and the proposed new structure in excess of that presently required. NAME ADDRESS J• LI T. 1LO441 4� RE: 2785-28.JJ Tigertail Avenue and 3241-3299 Mary Street 33133, Dade County, Florida WE, THE UNDERSIGNED, residing within 375 Feet of the above mentioned" properties do approve of the rezoning from RG-2/5 Moderate High Density Resident to RG-2/6, and a variance froth --Section 1530 and 1533.3 tc q permit the construction of a proposed residential building of 59.0-9 -se which will provide for three floors for off-street parking to uperade narking for the existing structures and the proposed new structure in excess of that presently required. NAKE ADDRESS RE: 2185-28�5 T gertail Avenue and 3241.-3299 :Mary Street 33133, Dade County, Florida WE, THE UNDERSIGNED, residing within 375 Feet of the above mentioned - properties do approve of the rezoning from RG-2/5 Moderate High Densit,:- Resident to RG-2/6, and a variance from•Section 1530 and 1533.3 to ' < ,. the .. Ct perm.. e construction of a proposed residential- building ct 5 �Q..�-C� which will provide for three floors for off-street parking to upgrade parking for the existing structures and the proposed new structure -: excess of that presently required NAME ADDRESS UCtuct ��u� AA[A COOS 30S dA3-02a0 8a2-0380 LOCATION. 2a2a N. W. rIPST STaEE- J.& c is R.- R i c E. Jam. ATTOONEY AT LAW November 9, 1987 MAILING ADOa ESS: o O. BOX 3SO838 MTA.,tI, FLORIDA 33135 Ms. Gloria Fox Director City of Miami Planning and Zoning Board Administration Department 275 N. W. 2nd Street Miami, Fluiiva 3312^0 Re:,Lots 35 thru 44, CORNELIA M. DAY SUBDIVISION PB 3/16; approximately 2785-2855 Tigertail Avenue and 3241-3299 Mary Street. Amending the Miami Comprehensive Neighborhood Plan of the subject properties from High Moderate Density Residenti,-. to Residential Office. Dear Ms. Fox: -tr Pursuant to our meeting of October 21st, 1987, Mr. Guillermo w Olmedillo of the Plannina Department stated to you that; it r will not be necessary to change the comprehensive planin order to have the following change in zoning of the property: from RG-2/5 to RG-2/6 and a variance as follows from: Article XV, Section 1533.3 and Section 1530 Variance from Section 1530-SPI-3 Coconut Grove Major Street Overlay District f Variance from -Section 1533.3 Special height limit, maximum height - permitted 40-feet, proposing 59.99 feet Predicated on the above facts that there will be no need to change the comprehensive plan, I am withdrawing_ the application for change in the comprehensive plan from RG-2/5 to RO-3/6 previously filed with your office; Very truly yours, / r f Jack R. Rice, Jr. 0441L fft JACK R. RicE. •JR. ATTORNEY AT LAW ApEA CODE ]OS MA-LtNG AOOOCSS- 6a3.pt.p o. Box 350838 f �•:-o�Bo October 20, 1987 � 4 LOCATION IL Ail, FLOBIDA 33105 t ta2A N w rla5- S-r. aEC- Mr. Sergio Rodriguez Director City of Miami Planning Department and Ms. Gloria Fox Director City of Miami Planning and Zoning Board Administration Department 275 N. W. 2nd Street Miami, Florida 33128 Re: Banyan properties -Lots 35 thru 44, CORNELIA M. DAY SUBDIVISION, PB 3/16; Petition for Variance Dear Sirs: .r: Pursuant to our meeting before the Planning and Zoning. Board, the Petition for Rezonina is to be changed from RO-3/6 to RG-3/6 as this will continue the residential character of z the property This change will be noted on the application for change of zoning previously submitted Also No. 10 Amended Statement as to why the Proposed Zoning Designation p. is Appropriate October 20, 1987 attached hereto, is to be exchanged for the original paragraph No. 10 as set forth in the initial application for change zoning. A Petition for Variance is attached hereto for a variance from Section 1530 being SPI-3 Coconut Grove Major Street Overlay District and Section 1533.3 Special Height Limit, Maximum height permitted 40 feet, proposing 59.99 feet. These variances will permit the building as set forth on the proposed 'plans that are submitted herewith, together with the survey of the property, and have been approved by the r_ appropriate departments of the City of :Miami. The applicant, has submitted all other documents, exhibits, etc, required by the city to place this matter before the Planning and Zoning Hoard of the City of Miami on December 7, 1987, at 700 P.M. Thank you for your assistance, very truly yours, ,. Jack R. Rice, Jr. — Enclosure's .► AREA CODE 30S 643-0240 642.0360 ,OCATIO N' 242A N, W. FIRST STREET .�Acm R. 1Zici , .J i2. ATTORNEY AT LAW March 24, 1988 r 41: ! (� MAILING AOORES5. P. O. BOX 3SO838 ' Nftdvi, r'wRIDA 33135 Honorable Lucia Allen Dougherty City Attorney City of Miami AmeriFirst Building 1 S.E. 3rd Avenue, llth Floor Miami, Florida 33131 Re: Rezoning and Variance; Lots 35 thru 44 CORNELIA M. DAY'S SUBDIVISION, PB3/16, Public Records Dade. County, Florida. Attention: Miriam Maer, Esq. Dear City Attorney: I am enclosing herewith a Declaration of Restrictive Covenants that incorporates the amended height of the building to 49 feet. The application for a variance was originally for 59.99'feet. f This was amended by the applicant after the February 25th, 1988 Commission meeting wherein the applicant stated he would submit new plans for a 49 foot building. These plans have been submitted and approved by the appropriate departments and divisions of the City. r; a` The resubmitted covenant reflects this change, in height to 49.feet and also reflects that new plans have been approved by the appropriate officials of the city for this height limitation. See the third Whereas on .page 1, and. paragraph D on page 2. D In reducing the height to 49 feet the objectors, in my opinion, ,do not now object to the proposed structure. I have the original of this covenant fully executed by Or. James G. Robertson, applicant, and will record same upon your direction, Very truly yours, Jack R. Rice, Jr. JRR/fr gnclQsure cQ; Planning Department { Zoning Department 1L0441 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants running with the land ("Declaration") is made and entered into this 24th day of March, 1988, by JAMES G. ROBERTSON ("Owner") in favor of the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida "City ll) ; W I T N E S S E T H: WHEREAS, the Owner holds fee simple title to certain property located in the City of Miami, Dade County, State of Florida, consist- ing of Lots 35, 36, 37, and 38; less the West 5 feet thereof; together with Lots 39, 40, 41, 42, 43, and 44; less the Southeasterly - 5 feet thereof; CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, at Page 16 of the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Owner has applied to the City of Miami for a change of zoning to obtain certain land use approval as contained in the Application for Change of Zoning of the City of Miami, from RG-2/5 (General Residential) to RG-2/6 (General Residential), and retaining the SPI-3 overlay district, for the above -described property, less the southeasterly 5 feet thereof, and less 1 foot .F on the north and west rear property line, and less 1 foot on the east side property line thereof, that said application is hereby made a part hereof by reference; and WHEREAS, as a companion item to the above, an Application for a Variance to obtain certain land use approval from Ordinance i 9500 as Amended, Article 15, Section 1530, Subsection 1533.3 E Special Height Limits to allow an apartment building on the above site as per plans on `file, with a maximum height amended to 49 feet, that said application is hereby made a part hereof by reference; and t, bIL0441 0 JACK R. aICE. JR., ATTO,RNEY AT LAW P :0. BOX 35©63Q. , MlAn9 F: A. 1 4HERtAS, the Owner is desirous of making a binding commit- ment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW, m1EREFOA8t 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 heirs, successors and assigns as follows: A. Incorporation by Reference. The recitals enumerated above are hereby incorporated by reference as if set forth in full. B. Unity of Title. The Owner hereby covenants that the ( real property hereinabove described shall be construed as a single 4 tract of land and no portion thereof may be subdivided for purposes of sale other than a tract of the whole consisting of all the property as heretofore described. C. Restricted Use. That it is covenanted and agreed that the heretofore described property shall not be further developed with the exception of the development as provided in the Request for Jariance as hereinabove referred to and the plans submitted therewith and reviewed by the appropriate departments of the City of Miami D. Building Height Limitation. The height of buildings to be located on Lots 40 and 41 hereinabove described shall not exceed 49 feet in height as provided in the amended plans submitted by the applicant and approved by the appropriate departments of the City of Miami. - E. Effective Date. If the City Commission of the City approves the Owner's pending applications for Change of Zoning and the Request for Variance, 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 heirs, successors and assigns. In the event the applications as submitted by the Owner are not approved, this Declaration shall be considered null and void and shall not 10441 JFn(;K R. RIC C:. 4R., ATTPRf4FY AT (_AW F Q, 15QX 35QO4@ MIAMI, F4,A.3S3E�) 454 4ia 1 be recorded in the Public Records of Dade County, Florida, it the event the applications as submitted by the Owner are approved by the City but are challenged by third parties in a court of competent jurisdiction, then the provisions of this Declaration shall be stayed pending the final determination of the court action, in the event such court action results in a reversal of the City's final approval of the applications, then the provisions of this Declaration shall be deemed null and void and without any force or effect. These restrictions shall be for the benefit and limitation upon all present and future owners of.the Property. 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, cuituadwuac yr 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 Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modifica- tion, amendment or release. G. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, his heirs, successors and assigns for a period of thirty (30) years from the date this x instrument is recorded in the public records. 4 H. Presumption of Compliance. Where construction has ' occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Miami, and inspections made and { approval of occupancy given by the City, the same shall create :a s x 1044 .) ACA R. RICF,. 4R, ATTQRNFY AT JAW P Q, @QX 3F?Q@, MlAM1, Frei. 331,35 ( C;? i) Cj43*g Q presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration of Restric- tive Covenants and said Declaration shall not be construed as a cloud on title to any of said property upon which said develooment has occurred. 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 are being complied with. An enforcement action may be brought by the City or by any property owner within 350 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. J. Severability. Invalidation of any one of these cove-, nants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect, provided, however, that such invalidation may be a grounds for the City to -amend the zoning and/or land -use regula- tions applicable to the Property. K. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. t' IN WITNESS WHEREOF, the undersigned has set his hand and seal the date and year first above written. Signed, sealed and delivered ' in the presence of: _ JAMES G. ROBERTSON -4- ' 0441. ,r:e,,,K R. RJC F-. ,)Fi., TTC�Rt4 Y AT l.aW P O_ C7X 3 4 ��$ + t+llAtdl, F} (A. 31 5 3Q$) �a$ ^�?f'! 4� STATt OF FLORIDA ) y SS: COUNTY OF DADR Before me, the undersigned authority, personally appeared JA14ES G. ROBtATSON, who acknowledged on this 24th day of March, 1988, that he executed the foregoing Declaration of Restrictive Covenants for the purposes expressed therein. My commission expiress Notary Public, State of Florida at Large 10441 ,JACK R: RIC9. J. R, ATTORNF-Y AT LAW P O. (BOY. 35Oe35 MIAMI. FLA 33135 j3O57 4�3-Q Q E Z,. Lam, r _- OR m,l OPT 7' ®R Ll j I (' Yr Y7 y) N pe r. 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MONDAY, DECE14BER 7, 1987 MIAMI PLANNING Atli) ZONING HOARD APPLICANT: JAMES G. 11011rPTSON M.0 HISTORY PRIOR TO THE ADOPTION OF ORDINANCE: NO. 9500 AND THE ADOPTION OF THE OVERLAY DISTRICTS SPI, THE PROPERTY IN QUES`10N COULD BEI DEVELOPED WITHOUT LIMITATION AS TO THE HEIGHT OF 9'HE; STRUCTURE AND WITH NO SET LUI AS THIS REQUIREMENT WAS NOT A PART OF Till; ZONING ORDINANCE 6871. THE HISTORY OF THE DFVELOPME:NI` -IN THS; AREA OF PROPERTY IMMEDIATELY ADJACENT TO APPLICANT'S PROPEIZT REFLECTS THE FOLLOWING. 1. GROVE SQUARE LOCATED AT 2801 FLORIDA AVENUE, AUTHORIZED THE CONSTRUCTION OF A 56 FOOT BUILDING HEIGHT. THIS WAS ADOPTED BY ZONING BOARD RESOLUTION 114-84, APPROVED BY THE CITY COMMISSION ON FEB. 28, 1984, RESOLUTION 84-217. AT THE TIME: OF THE VARIANCE THE OVERLAY DISTRICT WAS SPI-2. THIS BUILUI G IS LOCATED LESS THAN ONE 13LOCK FROM THE SUBJECT PROPERTY. 2. ANTONIADIS BUILDING - MARY STREET, SEPARATED BY vir.. IVIDTII iaF MARY STREET FROM THE SUBJECT PROPERTY. AT THE TI14E:(1F CONSTRUC- TION, THIS PROPERTY WAS ZONED C-2 WITH COCONUT GROVE INTERIM ZONING DISTRICT, A VARIANCE OF THE FRONT YARD REQUIREMEN`.TS FOR A SIX STORY BUILDING (NOT IN ACCORD WITH INTERIM ZONING REQUIREMENTS) WAS APPROVED BY THE CITY COMMISSION ON MARCH 28, 1974, RESOLUTION #74-212. 3. COMPUTER BUILDING -DIRECTLY ACROSS THE STREET FROM THE SUBJECT PROPERTY ON TIGERTAIL, THE COMPUTER BUILDING WAS CONSTRUCTED; THE PROPERTY WAS REZONED FROM R-4 to R-6 WHICH PE:RI4ITTED OFFICE DEVELOPMENT. THIS WAS ADOPTED 014 OCTOBER 29, 1971 BY ORDINANCE NO. 8003 AND THE PROPERTY IS PRESENTLY ZONED RO-3/6. 4. GREEN APARTMENT BUILDING LOCATED AT 2715 TIGERTAIL AVENUL•' IMMEDIATELY ABUTTING APPLICANT'S PROPERTY TO THE EAST, IS A SIX STORY BUILDING ZONED"R-4; NO HEIGHT LIMITATION WAS IMPOSED BY THIS DISTRICT. THIS BUILDING WAS CONSTRUCTED UNDER ORDINANCE 6871. DATE OF CONSTRUCTION APPROXIMATELY 1974. 5. PAYNE BUILDING LOCATED AT 2922-44 S.W. 27th AVENUE PERMITTED A VARIANCE IN THE HEIGHT REQUIREMENTS FROM 40 to 48 FEET, LOT COVERAGE 30.68(25% PERMITTED)'! FLOOR AREA RATIO 1.131 (.60 PERMITTED). THIS WAS APPROVED BY THE ZONING BOARD ON OCT. 18, 1982, RESOLUTION NO. 190-82 AND EXTENDED BY THE CITY COI.IMISSION ON MARCH 24, 1983 BY RESOLUTION 83-269. AFTER A LAPSE OF ONE YEAR THE DEVELOPERS DID NOT PULL THE PERMIT UNTIL APPROXIMATELY ` TWO (2) YEARS AFTER THE ADOPTION OF THE FOREGOING RESOLUTION, THE BUILDING HAVING BEEN COMPLETED IN THE LATTER PART OF 1986. 6. YACHT SALES BUILDING AT THE NORTHWEST CORNER OF DAY AVENUE AND S.W. 27th AVENUE. THE ZONING ON THIS PIECE OF PROPERTY WAS CHANGED FROM RG-2/5 AND SPI-3 TO RO-2.1/6 BY THE CITY COMMISSION ON JULY 25, 1985 BY THE ADOPTION OF ORDINANCE NO. 10028; THIS STRUCTURE IS LOCATED IMMEDIATELY TO THE NORTH OF THE GREEN BUILDING SEPARATED BY DAY AVENUE AND THE APPLICANT'S PROPERTY {� LOCATED NEXT TO THE GREEN BUILDING ON TIGERTAIL. IT SHOULD BE FURTHER NOTED THAT DAY AVENUE IS A ONE WAY STREET cw � WEST OFF OF 27th AVENUE. ZI £?. . 7. BRICK BUILDING LOCATED ON THE CORNER OF MARY STREET AND OAK w. AVENUE, ADDRESS: 3250 MARY STREET, THAT IS APPROXIMATELY 61 FEET I i1 IN HEIGHT. THE PROPERTY IS IN A SPI-2 DISTRICT. THIS BUILDING )}' EXCEEDS THE HEIGHT LIMITATION AND WAS BUILT APPROXIMATELY 1985. B. FORMER GAS STATION NORTHEAST CORNER OF 27th AVENUE AT TIGERTAIL. Q t� ZONED RG-2/5 WITH A FAR .86, CHANGED TO RG-2/6. -REZONED TO PD-MU WHICH PERMITS A FAR OF 1.39. EXCEEDS THE DENSITY OF - c? RO-3/6 AND EXCEEDS THE DENSITY IN THE RO DISTRICT. ORDINANCE r TO RG-2/6 IS NO. 10011, RESOLUTION 85-460. ORDINANCE 10012 RG-2/6 TO PD-MU. �C•� 9. BUILDINGS ALONG BAYSHORE DRIVE IN EXCESS OF 100 ft. IN HEIGHT WITH THE EXCEPTION OF "BUILDING IN THE ' pip ' n GROVE", AND THE BUILDING SHOWN ADJACENT. '1044-1 a ,. (. -.. Ilk , i + i LUGM, D1,"SCRIPTTON, Lots 40 and 41, CUf21:i::1IA M, DAY':; Stltai IVI3tr;:, rcr , ;:•r,r i . + to khe flat: thereof au r+:corded i •; L�l,�t ,;•I. `f at: i n of the Public Records of Dade County, f'lorida. c. f SURVEYORS CER'11jP1C,%'PF. I HEREBY CEAVCTPY THAT t i;rr 91-,etch t ;; a recent 130116ADARY SURVEY •''.cildu t:+,dut iti a,w,• with the minimum technical standards for hand r i, i ;,3 r, State of Florida, cha;�ler 21-IFIi-6 P.A.C. and is tri& i.+r1,1 correct to the best of nrj, kr,owlerl,je a+u1 'relief. 11O1th I.A14D SURVEYORS I11C. ( mT Ar Rrttre leros ISresider;r. Reg. Land Surve,'.`or #3679 State of Florida Bate: March l-1, 1`)87 21~ 1 Y �. �t•�, L1 Scales I'-201' liti:_-7 P2 -!<1 Ci Ml�'3 g Order 140: A37-3II .` ,j,J� r•:v "CFi x�M r Da te:: 'larch 1.1 . 1987 C q Elevations are hased on City of t•livrr!i Lratc.rnt. i 10441 Age yam\ •�•.i..�j•!, .r t „1..... a:{.. i� _ _,j • t i'S -A Ya. '�A:�t' ,fix' ''�F,d�,F �$5��.:,:� ✓.Ev�SFy�5.x.fi5y�y3�..k�'i<"."�1'.w.�t5 44�r :..-e.a..x k'KSX!RpPh`.R"A4 uneM..>e...a J iev w r I k t 10441 MIAMI REVIEW STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookfe Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Dade County. Florida: that the atlached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10441 In the X X X Court, was published in said newspaper in fire issues of May 26, 1988 AUiant further says that the said Miami Review is a newspaper published at Miami in said Dade County. Florida, and that the said newspaper has heretofore been continuously published in said Dade County. Florida, each day texcept Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and at11ant further says that she has neither paid not promised any person, firm or corporation any discount, rebate, commission or refWld for the purpose of securing this advertisement for publication in the said newspaper. 17 �I11►Ilitlilfffff tw Swfit�f�f r bscribed before me this 26 .�•��M��' 8 8 day V % . A.M 19 -`i olary PubijF, S101" Flo at Large (SEAL) : i1 •nU BI.\(� fr My CommistiW4%pires June 21, A MR 114A y� s .. • ' Q '``` 'y�frffi1111t11+1•� CITY OIF MIAMI DACE COUNY'YI, F4ORWA LEGAL NOTICE i All interested persons will take notice that on the 19th day of May, f988, the City Commission of Miami, Florida adopted the following titled I ordinances: ORDINANCE No 10438 AN EMERGENCY ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE Vill, CHAPTER 54, TO PROVIDE THAT ANY PERSON OR FIRM SEEKING TO USE PUBLIC RIGHTS -OF -WAY IN THE CITY FOR THE PLACEMENT OF PATHWAYS IN CONNECTION WITH THE OPERATION OF A PRIVATE TELECOMMUNICATIONS SYSTEM SHALL BE REQUIRED TO PAY A FEE TO THE CITY BASED ON THE ACTUAL LINEAR FEET OF PATHWAY AS A CONDITION TO SUCH PLACEMENT OF THE PATHWAYS; FURTHER PROVIDING DEFINITIONS; SETTING FORTH TERMS AND CONDITIONS IN REGARD TO THE PERMIT TO BE ISSUED TO SAID PERSON OR FIRM; PROVIDING FOR POSTING OF BONDS AND SECURING OF INSURANCE; REOUIRING COMPLIANCE WITH CERTAIN STANDARDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10439 AN EMERGENCY ORDINANCE ADOPTING A NEW SECTION 53-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ESTABLISH A TICKET SURCHARGE ON PAID ADMISSIONS FOR EVENTS HELD IN CITY OF MIAMI PUBLIC FACILITIES AND PARKS; FURTHER AMENDING SECTIONS 53.131(C), 53-135(A) AND (B) OF SAID CODE BY DELETING REFERENCES TO 'THE NATIONAL FOOTBALL LEAGUE" AND SUBSTITUTING THE TERM "PROFESSIONAL FOOTBALL WHERE APPLICABLE: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10440 AN EMERGENCY ORDINANCE AMENDING CHAPTER 22, ENTITLED "GARBAGE AND TRASH", OF THE CODE OF THE CITY OF MIAMI. FLORIDA,AS AMENDED, TO PROVIDE FOR: THE ISSUANCE OF A REGULATORY PERMIT REOUIRED FOR ALL PERSONS ENGAGED IN SOLID WASTE COLLECTION AND DISPOSAL' IN THE CITY, THE PAYMENT OF A REGULATORY PERMIT FEE, THE SUBMISSION OF CERTAIN FINANCIAL STATEMENTS AND DOCUMENTS, AND THE AUTHORIZATION OF THE DIRECTOR OF THE SOLID WASTE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS IN REGARD TO THE ISSUANCE AND ADMINISTRATION OF SUCH PERMIT AND FEE; < i MORE PARTICULARLY, BY AMENDING PARAGRAPH (1) AND REPEALING PARAGRAPH (2) OF SUBSECTION (a) OF SECTION 22.13, REPEALING SECTIONS 22.18.5 AND 22.18.7 IN THEIR ENTIRETY; AMENDING SUBSECTIONS (g) AND (h) OF SECTION 22.18.1. AMENDING SECTION,22.18.4, AMENDING SECTION 22.18.6, AND ADDING NEW SECTIONS 22 18.12 AND 22.18.13 TO SAID CHAPTER 22; CONTAINING A REPEILER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NI 10441 " 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 APPROXIMATELY 2785-2855 TIGERTAIL AVENUE AND APPROXIMATELY 3241.3299 MARY STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG•215 GENERAL RESIDENTIAL WITH AN SPI.3' COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO RG•216 GENERAL RESIDENTIAL AND RETAINING THE SPI.3 OVERLAY DISTRICT BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO, 46'OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO.9500 BY REFERENCE AND DESCRIPTION 1N ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERA131LITY CLAUSE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 A.M. and 5:00 P.M. OF s . i �'.O r.:st otvt MATTY HIRAI CITY CLERK (04969) CITY OF MIAMI, FLORIDA 5/28 8Q 052853M kt 1'u ilm ;sa1;s5; ,i7 lutlt 2, 1,988 G• 1,1iriam riIao Ij. Assistant City Attorney 1100 E'lmeriFi_rst Building One Southeast Third Avenue miami, Florida 33131 Re: tItem PZ-6 and 7, May 19, 198B. City Commission Agenda. tots 35 thru 38; less the (lest 5 feet thereof; Tots 39 thru 44 less the Southeasterly 5 feet thereof; CuRNELiA M. DAY'S SUBDIVISION, PB3/1:6, Dade County, Florida. Dear Ms. Maer: Enclosed herewith is the original Declaration of Restrictive Covenants from James G. Robertson, owner of the above described property, duly notarized and witnessed. The City Clerk has advised me that the original ordinance and resolution rezoning the above property and granting a height variance has not as yet been signed by the appropriate city officials of the City of Miami. I request a certified copy oftheabove prior to the recording of the Declaration of Restrictive Covenants. If there is any charge for these, please advise and I will remit same. Thank you for your cooperation in this matter. Sincerely, Jack R. Rice, Jr JRR/fr cc James G. Robertson Gloria Fox, Hearing Boards Guillermo Olmedillo, Planning Department Matty Hirai, City Clerk,; DW-u- �- 47 t # 'tt l 1� LUCIA A. DOUGHERTY � OM 579-6700 Tplecopiet: 0051 374-4730 City Attorney May 24, 1988 Jack R. Rice, Jr., Esq. 2424 Northwest First Street Miami, Florida 33125 Re: Item PZ=-6, May 19, 1988 City Commission Agenda Approximately 2785-2855 Tigertail Avenue and approximately 3241-3299 Mary Street Dear Mr. Rice: We are awaiting the original Covenant with the additional language regardingthe Floor Area Ratio included as soon as possible. Sincerely, i G. Miriam Maer Assistant City Attorney GMM/rc1/P096 cc: Donald W. Cather, Director Department of Public Works Gloria Fox Hearing Boards Joseph A. Genuardi Zoning Administrator James J. Kay, Acting Design Engineer Public Works Department Joseph W. McManus Assistant Director Planning Department OffICE Of THE CITY ATTORNEY/1100 AmeriFirst BuiidingyOne Southeast Third Avenuei Miami, fiofida 33131