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Home My WebLink AboutR-88-0106;i =i '.i ;j J-87-969 10/30/87 RESOLUTION NO. 4, A RESOLUTION APPROVING AN AMENDMENT TO THE DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND DATED JANUARY 24, 1985, AND RECORDED IN OFFICIAL RECORDS BOOK 12400, PAGE 240, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, i FOR THE PROPERTY OWNED BY FELIX PEREZ (JEMAJO CORPORATION) AND LOCATED AT APPROXIMATELY 2230-2240 SOUTHWEST 16TH STREET, (MORE i PARTICULARLY DESCRIBED HEREIN) TO PERMIT A SURFACE PARKING LOT IN CONJUNCTION WITH THE ADJOINING SHOPPING CENTER, SUBJECT TO RECEIPT BY CITY OF A RECORDABLE INSTRUMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, on January 24, 1985, the City Commission accepted a Declaration of Restrictions (the "Covenant") which, among other limitations, restricted the use of the property located at approximately 2230-2240 Southwest 16th Street, legally described as Lots 4 and 5, Block 11 VEDADO, Plat Book 10 at Page 19, Public Records of Dade County, Florida, (the "Property") to residential purposes only, which covenant, (a copy of which is attached hereto), is recorded in Official Records Book 12400 at Page 440, Public Records of Dade County, Florida; and WHEREAS, the Covenant provides that it may be released, modified or amended by a written instrument approved at a public hearing before the City Commission; and WHEREAS, the property owners have requested that the Covenant be amended to permit a surface parking lot on the Property in conjunction with the adjoining shopping center. WHEREAS, the City Commission has determined that it is in the best interests of the general welfare of the City of Miami and its inhabitants to allow the above -described amendment; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The amendment to the Covenant recorded in Official Records Book 12400 at Page 440, Public Records of Dade . County, Florida and entered into on January 24, 1985, to allow a CITY COMMISSION MEETING OF JAN 281988 1N Ww 99- 06 i surface parking lot as per plans on file for the property located at approximately 2230-2240 Southwest 16th Street, legally described as Lots 4 and 5, Block 1, VEDADO, according to the Plat thereof as recorded in Plat Book 10, at Page 19, of the i Public Records of Dade County, Florida is hereby approved subject to receipt by City of a recordable instrument in a form acceptable to the City Attorney, PASSED AND ADOPTED this 28th day of J uary , 1988. i ATTEXAVIER L. SUAH9, MAYOR — NATTY HIRAI, City Clerk PREPARED AND APPROVED BY: %6 A G. 44TRIAN MAER Assistant City Attorney APPROVED AS/" FORM AND CORRECTNESS: LUCIA A. DOUG City Attorney GMM/db/rcl/M554 99-1®6. PZ=21 LA'S Orr.Cts GREENeERG. 7 RAURIG. ASKEW. MOrrMAN. Liporr. ROSE" & OUENTEL. P A .trrwtT 0 .6wON ra*NANO, C ALOMfO Ccs•w L .LvAact *u00LpM r •"&Go" w,CMARO A aw.I" SCWSIN O 0 As.tw aewwl L 6Aws. ..LAw1t sass . LtSSA o SAWYGaan" *.CMARO 0 SAM* NOwYAN J sa"rowo "asa0 OLOON .toNawOo r Salto ,,eve GOUTON f-Eve 6:I1-4.0C. acme" a 61I016I1404TON L•LIA"A CA"O . 00.6610 CAwve4 $we Y case aa./OALL 6 COrr9V C.A"a r CON"1rr. 'ArratT O O.CANLO OSCAN 6 09 .A 64.44111101A •L690T A 39. CASTILLO .LAN T DIMOND C.ARLCS w COGAN. III 'errseT L reawaN MONCwT J rwltOMAN 40sewr a GANG L.uwA A GA"Gaol Y.wLCNa GARCIA w.CMARO G G.wwtTT S w1.80 ■ G&S, sowcc M GILCS-IgCIN post" 6 61"6two wICMAND .0 61 W STO ..wwe"Ct OODOrs•• ...N s GOLD S.eve" t GOLDMAN Steve% r 604.0smI.- .awwa"Cc 6 GO*DON ..atTMcw 6 GONSON •Owaso w GwteM .w .1.a14N9 GwceN6ewo N CLVIN " G*taN6ewG 111109COT L GOOSSMAN At"Nev" C .OrrYap -.ROTS .OrrYA" .ANev v .Weep.*t.s DONALD . .A09T ra*COs O .•Y9"e2 .."oft ■AL6 .00L J wasp duD1Tl. ■CNMCT -•YQrMT a all" sTeve" . 00AVltt fTavcN A .NOT .LLCM 0 La.IGaA.w AL." s LCotp••N .Crrocv a .Cvcv .IOwYA" . 6.0orr CANLOS a LOurICT .WAN 0 LOWMICt PCDRO A -.*TIN .ATa Y.wTWs .ocL D Y.sto w41./AW Let YC6.N"ess -D•NT Ycnaes ,Owls a YONTC1660..0 AL.CIA o YOSALts .ANCT L O 1101914 AftrwoI.T a O DO""ELL. dp Ms. Gloria Fox City of Miami Zoning Hearings Board Second Floor 275 N.W. 2nd Street Miami, Florida 33130 .. 6.t a C.Ot-Orr Ots61t - =ps.arsa. rah a aaC•MaN S-tv.N . w..00 S-evtN a SASSO" r.wlrKL w wasna"AC■ 6-00% G "nose" &,sea? D OWeftnu .00L RC•NSTa.N ee.N I *also." L.IS Ra•Tcw CO"ST.NCa Y *•0090 aNORas awaw0 •• At"NCTM 6 008111150N N.CMOL•S wOCaweLL WAOU[L a 000W Ouat 404"Ift ! 0069" •.C"Awo A POSaN6.um W"KO r w0l908oANTIM OAV.O L Ross wostat O wuelN AA*CN o wuNOOu•s- CLIr►OND A SC.v LrA" rAwLa"t A S•LTCRYAN STUART . !.Mace T.YDTMT a see/TM OAv.O a sorTNass LAWS& 0 sTes •eNsO" GART 0 T.Y.N NoseRT r T*AUNIG .4900060 A 4"S" T.oOTNT 0 wOLrt S"CILA 00LrsON JACMART r 0#06rr'49-•6901 Y.Am$ Orr -cc *NICKEL- _OtiCOIJwS .O• 61.IC09:. A.tNWe ...AY. V CISIOA 33.3, -CL[Pl•O••as r.AY..3051 5�9 • cSCC swowaso•3C61523 6 -9692 60.3,24 -tLtCOWv t305I ST9.07 6 • ST9.OT 7 WeST PALM UtACM Orr.Ct OO ANSTOAL•AN AVENUC • SW•TC 201 WCST PALM 6eAC" rLCwIOA 33406 :3oe1663 66•• -CLCCOP►13031663.6&&T 6000141110 OrrlCt 5D0 CAST 6POW&NO 60ULev.R0 • SwIT[ '3S0 roar LAWOCRDALC. 11`6011110A 33394 3051763.0500 -tLtCOPT'3CS1 769 -'•TT ORLANDO Or►.CC :.I NORTH ONANGt AVCNWC • SWITC'950 *LANoo rLON-OA 38600 .3051 6*l - 2222 -C6CCOPT•3051A22.2r66 w*ITa* ! O.wact NO October 5, 1987 579-0581 06.9"e wcPLV -O M.Aw1 orrice Re: Declaration of Restrictions on Lots 1, 2 and 3 of VEDADO, PB 10/19 Dear Ms. Fox: This letter constitutes our application for a modification of the Declaration of Restrictions referenced above, a copy of which is attached for your information. This Declaration was given to the City in January, 1985, as a result of Ordinance No. 9952, adopted on January 24, 1985 rezoning to CR-1/7 Lots 1, 2, and 3 of VEDADO, PH 10/19. A copy of that Ordinance is attached hereto. The Declaration was given to limit use of the property to those commercial uses that pro- duce minimal noise and traffic. The modification requested is the elimination of paragraph 3(g) that restricts the use of lots 4 and 5 for residential purposes only. the purpose of this request is to allow the use of these lots for additional parkin; that is needed for the shopping center that is adjacent to thesr- ss-t& i Ms. Gloria Fox September 29, 1987 Page 2 lots on the east. A special exception will be requested for this use, pursuant to Section 2018, City of Miami Zoning Code if the City Commission approves the release of this restriction. The application fee for modification of the Declaration of Restric- tions in the amount of $300.00 is enclosed. SFW:lr Very truly yours, Sheila Wolfson Attorney for Jemajo Corporation - 1313-106- AFFIDAVIT • STATE OF Fi:.=) SS. OOt = OF DALE ) Before me. theundersigned authority, this :ay personally appeared SHEILA WOLFSON who being by rre first duly sworn. upon oath, deposes and says: '�. 1. That he is the owner, or the lepl representative of the _ owner. sub Atting 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 iuU and complete per...ssion for him to act in their behalf for the change or Tra+:."'t=tian .f a ciassll- a.ion or regulation of z:,airg ar. rer. cut. .n the ac::.-l;=jing petition. 3. That the pages attached hereto and :rode a part of this affidavit contain the current names, mailing addresses, phone numbers and legal desc.: ptions for the real property which he is the awr er or Legal representative. 4. The facts -as represented in the application and do..� I -Its a acitted in conjunction with this -affidavit are true and correct. Further Affiant sayeth not. (Name I Sworn to and Subscribed before me this day ofo�+-19 LZ. - Not;*27 Public, State of Florida at urge My r =.m sion Expires: XTVIT Seca: " By :"�=- ■ ^ e7*A 11� 0" OWNER'S LIST Owner's Name Felix Perez - Hailing Address •2000 S.W. lath Terrace, Miami, Florida 33145 Telephone Number 305-541-211,5 Legal Description: Lots 4 and x, Block 1, Vedado, according_ to the plat thereof recorded in Plat Book 10 at Page 19 of the Public Records of Dade Count:, Florida Owner's Name i'. 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 Leaal Descriotion 2200 S.W. 16th Street •Lots 1, 2, and 3 , Vedado, PB10/19 Miami rl ni-i rya ? 11 4; Street Address Leaal Description 1601 S.W. 23rd Avenue Lot l_l,_Block 1, VEDADO, PB 10/19 Street Address Legal Description ^ 4!7*,A 11� DISCLC6LTU OF a%NMHIP 1. Legal description and street address of subject real property: Lots 4 and 5, Vedado, PB10/19, 2230-2240 S.W. 15th Street, Miami, Florida 33145 2. Owner(s) of subject real pranerty 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. Felix Perez - 100% Owner 2000 S.W. 17th Terrace Miami, Florida 33145 3. Letg l description and street address of any teal proper : , (K) owned by any party listed in answer to question P2, anti (b) located within 375 feet of the subject real property. ' Jemajo Corporation, Felix Perez, President Lots 1, 2, and 3, Vedado, PB10/19 and 2000 S.W. 16th Street, Miami, Florida See attached Exhibit "A* for other officers Felix J. Perez, Trustee Lot 11, Block 1, VEDADO PB 10/19 1601 S.W. 23rd Avenue Miami, Florida r_ STATE OF FLORIDA ) SS: CO( LWY OF DARE ) s SHEILA WOLFSON , being duly sworn, deposes and says that ne is the XR KKX CAttorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney _= for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. (fame) r SWORI TO AMID SUSSCAIBED before thi day of , 9-Q* 7 Notary Pw ic, stateoz OF Florida at Large MY =WSSION E011RES: ^ 4 EXHIBIT "A" JEMAJO CORPORATION Felix J. Perez President 33-1/3% Shareholder 2000 S.W. 17th Terrace Miami, Florida 33135 Jose M. Perez Treasurer -� 33-1/3% Shareholder 1776 S.W. 13th Street Miami, Florida 33145 Jorge Perez Secretary 33-1/3% Shareholder 80 Shore Drive Way Coconut Grove, Miami 33133 n rN i'1 0" ES5 JAN 30 PM 4= 25 PSR030310 RFr EC 12400PG 440 '85 F:: -4 P 2 *1b DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, JEMAJO CORPORATION, being the owner of the fee simple title to the property legally described as: Lots 1, 2, and 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- ies 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 Miami, 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 ude said property for the following purposes: (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: (a) At no time will any wall be constructed on the property which would unduly obstruct the vie'w qr visibility from adjacent lots. (b) All air-conditioning units and fans shall be installed on the roof of the building so as to avoid noise and heat to adjacent lots. RECORD AND RETURN TO: 3. Miriam Maer, Assistant City Attorney QPY OF MIAMI DEPARTMEti'T OF LAW r % 169 FAST FLAGLER STREET L SUITE 1101 - - .... F38-106 '_%� '-*.A OCN °EC 1 Z40DP"* 441 (c) No refuse collection shall take place 22nd Avenue and all such refuse collection after 9:00 A.M. and before 4:00 P.M. except from S.W. shall take place (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. S. 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 property within a 300 foot radius of the subject property by a suit rn 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 41HEREOPe the undersigned has set its and seal this Y_ day of*•44cgAA, , 1985. STATE OF FLORIDA SS: COUNTY OF DADE JEMAJO C ORATION By: Pablo Perez, Presid t The foregoing instrument was acknowledged before me this 0'�t day of. .utl.1L , 1985, by Pablo Perez, as President of Jema o Corpor• t on, A corporation, on behalf of said corpora- tion. Notary Public •,•,.••IINNN••, State of Florida at Large .•�''SttA.. My Commission Expires: r••'' Q m Mile We of nmda a tMe. i �� kv a of Couben Doves pee. 5, loll CO 1 s . v • CARD-i a wa cou"11. nook" 11j1j••IN•IIM••••'• Uwe NMIW 2 IUCBARD 4 ER7NUA �s f.L�► CI=t � _,� ''�N J-84-928 11/20/84 ORDINANCE NO. 9 9.5 2 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 2210 SOUTHWEST 16TH STREET AND APPROXIMATELY 1600-02 SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-2/2 ONE FAMILY DETACHED RESIDENTIAL TO CR-1/7 COMMERCIAL -RESIDENTIAL (NEIGHBOR- HOOD) BY MAKING FINDINGS= AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 39 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE N0, 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF1 CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of Septlember 24, 1964 , Item No. 1, following an advertised hearing, adopted Resolution No. Z8 66-64, by a 8 to 0 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 not- withstanding the Zoning Board's recommendation of denial, to grant this change of zoning classification as hereinafter set forth; NOWe THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt 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 2210 Southwest 16th Street and approximately 1600-02 Southwest 22nd Avenue, Miami, Florida, more particularly described as Lots 1, 2 and 3 inclusive, 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, :rom RS-2/2 ONE FAMILY DETACHED RESIDENTIAL to CR-1/7 COMMERCIAL -RESIDENTIAL (NEIGHBORHOOD). y n �i9-106= Section 2. it is hereby found that this zoning classi- fication changes (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 areas (1) Will not be a deterrent to the improvement or develop- ment 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. 39 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, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. /6 -2- PASSED ON FIRST READING BY TITLE ONLY this 5�. day of' November , 19 8 4 . PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 2244t_h_ day of _ January _ ., 1984. Maurice A. Ferro i MAURICE A. FERRE, Mayor T: LPH ONGIE C y Clerk 0 PREPARED AND APPROVED BY: ,tb. f�N1,(.k - -, G.'XIRIAM MAER Assistant City Attorney " %.& A. &~W%w City Attorney GMM/wpc/pb/317 CORRECTNESS: -3- 198-106i 0 •= CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM .0 Honorable Mayor and Members DATE January 4, 1988 L'ILE of the City Commission SUBJECT Jemajo Corp. Covenant rRpM 4EFERENCES Ser o rlguez, Director g Department ENCLOSURES 40 The Planning Department recommends denial of the application by Jemajo Corp. to amend the existing restrictive covenant filed in 1984 in conjunction with the Commissions' consideration of rezoning their property, to potentially permit a commercial parking lot in a residential district, because it would intrude into a stable neighborhood, which will then be forced to struggle against the pressure for change. Background and Analysis Jemajo Corp. is requesting an amendment to the restrictive covenant submitted to the City Commission in conjunction with the rezoning of their property which concluded in Ordinance 9952. Out of the five (5) lots initially requested for rezoning in their 1984 application, lots 4 and 5 were expressly excluded from the rezoning during the public hearings, and as additional protection the voluntary restrictive covenant was proffered with the key wording being that these two lots were to be used only for residential purposes. By seeking to change this limitation, the owner is in fact asking for the future ability to change the use, by special exception, to create a parking lot for commercial use in a residential district, a privilege which he had previously renounced in order not to negatively affect the surrounding neighborhood. SR/GEO td/88:001 cc: Gloria Fox, Division Chief Hearing Boards Office l2 l99-�;Q6