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Resolution
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3500 Pan American
Drive
Miami, FL 33133
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Mile Number: 04-00897cm Final Action Date.
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE
COVENANT ("ZONING COVENANT") DATED OCTOBER 20, 2004 AND
RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGES 3035-3038, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 AND 2295
SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST 23RD STREET,
AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY
DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN
SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN.
WHEREAS, the properties located at approximately 2255, 2263 and 2295 Southwest 37th
Avenue, 3685 and 3695 Southwest 23rd Street, and 3672 and 3688 Southwest 22nd Terrace,
Miami, Florida (the "Property"), more particularly described in attached "Exhibit A," are subject to a
Declaration of Restrictive Covenant ("Zoning Covenant"), dated December 20, 2004, recorded in
Official Records Book 22923, Page 3035, of the Public Records of Miami -Dade County, Florida;
and
WHEREAS, on October 28, 2007, relative to a requested re -zoning, the City Commission
changed the zoning classification of this property from R-2 Two -Family Residential and C-1
Restricted Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay
District, F.A.R. of 2.4; and
WHEREAS, at that time, the property owners voluntary proffered to the City Commission a
Declaration of Restrictive Covenant, dated November 16, 2004, (the "Covenant"), and the
Covenant limited the property to be developed in accordance with those plans prepared by
Wolfberg/Alvarez & Partners, dated June 21, 2004; and
WHEREAS, the Office of the City Attorney will review the Modification of the Covenant and
is subject to being approved as to legal form and correctness by the City Attorney; and
WHEREAS, the City Commission after careful consideration of this matter, finds that it is in
the best interest of the general welfare of the City of Miami and its inhabitants to approve the
Modification to the Zoning Covenant, in substantially the form attached, and therefore grants the
requested Modification;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami
Page . of 2 Printed On: 10/26/2007
File Number: 04-00 7cm
Section 2. The modification of the Declaration of Restrictive Covenant dated December 20,
2004, recorded in Official Records Book 22923, Page 3035, to amend the Covenant for the
Property is granted in order to allow the modified plans prepared by Behar Font & Partners, P.A.,
dated April 27, 2007, in attached "Exhibit B.
Section 3. Except as expressly modified all provisions of the Covenant continue in
operative force and effect.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS'
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami
Page 2 of 2 Printed On: 10/26/2007