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HomeMy WebLinkAboutCC Reso 95-249 with Unity and Covenant.REsormxON NO 95- 249 A RESOL.d1ION, WITH ATi`A :`_'(S), AF1 ING THE RECISION OP THE ZO 2NG BOARD TO A SPECIAL EXCEPTION FROM ORDINANCE NO. 110QO, AS .-'' x... ar . , THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1, RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A PRIMARY AND SECONDARY SCHOOL FOR THE PROPERTY LOCATED AT 600 NORTHWEST 24TH AVENUE, 619/21 NORTHWEST 25TH AVENUE, 2455 NORTHWEST 6TH STREET AND 2480 NORTHWEST 7TH STREET, MT.AMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT *A** ATTACHED HERETO), ZONED R-2 TWO FAMILY -RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL, PER PLANS ON FILE, SUBJECT TO; (1) THE CONDITIONS SET FORTH ON EXHIBIT "Er ATTACEED HERETO AND £4ADB A PART HEREOF; (2) THE SUBMITTAL OF A COVENANT, IN A FORM ACCEPTABLE TO THE CITE: ATTORNEY, INCORPORATING SAID CONDITIONS; AND (3) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, . the Miami Zoning Board at its meeting on Jannary 9, 1995, Item Noe 5, duly .adopted Resolution ZB 005-95 by a six to two (6.-2) vote, granting a Special Exception, subject to conditions, as hereinafter set iorthi and SAS, an appeal iaae been taken to the City Commission by a neighbor from the grant of the Special Exception; and CONTAWM CITY CCSS3ON MMETZNG OE MP. 27195 �esalacic�rs i�da 95- 249 47- - J cc r 4.0c�r _... T..12" Is�.120.1,-4 nn7 PT a(T WHEREAS, the City Commission after careful consideration of this ratter, finds test the application for a spacial exception doss meet the applicable requirements of Zoning Ordinance nce r§ca. 11000, end deems it advisable and in the best intereast of the general welfare of the City of Miami and i,ta inteabitazta to grant the Special ExCeption and to affirm the decision of the Zoning eoa rd i NOw, THEREFORE, BE IT RESOLVED BY zuls C00041SSION OF CITY O 24XJ FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and Incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board to grant a Special Exception. from Ordinance No. 11000, as amended, the Zoning Ordizaance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, Conditional Principal see, to allow a primary and secondary school for the property located at 500 Northwest 24th Avenue, 519/21 Northwest 25th Avenue, 2455 Northwest 6th Street, and 2480 Northwest 7th Street, Miami, Florida (more particularly described € n Exhibit "A" attached hereto and made a part hereof) zoned R®2 Two -gamily Residential and C-1 Restricted remmorcial, per plans on file, subject to: () the conditions set forth on Exhibit bR,, attached hereto and made a part hereof; (2) the submittal of a covenant, is a form acceptable to the City Attorney, incorporating said conditions; and (3) a time 95- 249 linitation of twelve (12) months in which a building permit it be obtained, .is hereby affirmed and. the Special Exception is hereby granted. Section 3. This Resolution shall become effective immediate/y upon its adoption. PASSED AND nOPTED this 27th dy of March , 1S95. A016160n4 twt. G‘ MIRIAM MAHR CHTEP ASSISTANT CITY ATTORNEY APPROVED AS TO PORN AND CORBEL USSS: - 3 - n :7. n n -a- 0ri aa3 " =a '3 a-, n t LOTS 1,. 2 A 3, atocm 2, PO AS ICr..*DSA rot PLAT ROOt V* 3X CGOW?T, mortroA, LIOdkLDESCUPTSON; LOTS I. 2, d 3 cA,. INDIAN ASZSETA 2:ad SECTION, ACCORDING TC pIC rat? RAOre N PLAT SOOR 29# PASS 52, Of TEE S 0,' PZot'Ii,Ad TOO VIM PLACE. accomormv TO TEE PLAT TNEATOF" AGI 45, Of THE PUBLIC RECORDS OW WITH; LOTS 1 TXRO . $LCC& 2 =DIAN MUM ACCORDING TO TRI PLAT sEOF At MOND= IX PLAT )OOX 12. PAGE 71. Of TER PU LIC 2t.CIALOS OF DASR CGUI1TFr FLORIDA 1AyND �. NI 50.45 C7 LOTS 1 A 2. , PO wampum TO INN PLAT TB 2'0$, AS **man SU PLAT NOOK 11PLACR. P'GE 454 Of IBR MUD RSCO r OF DADS _' FLORIDA AND Ir0!' 4, BLOCS 2, PCd2'rA1R# PAC*, ACcOMOXIso TO INS PLAT ?*a', AS RAGOEREO IN PLAT BOOK 11. PAU ill. OP TINS PUBLIC MOMS OF DADS COMM, PLONTDA AND Lars 4 1, Rs *toot 1 r Z DtA* nzzomvs 2Od szeTuN. ACCooras6 TO TIT PLAT Tumor, AS Moto= rm PLAT ROCE IS, PAGE $2, Os► TI3K MIMIC ACCORDS OP DADS C'o'T® ELO*1A 1 AND LOTS 7 s 8, swat 2, INDIAN' fAZIOH , iCC4}Iiormo TO TIN PLAT THEREOF, A3 ARC0 O,D IN PLAT mom 12. PAOS 71. OF THt PURLIC *ZOOIDS OF DUN COMET?. FLORIDA. 95- 249 ePI ld) That unity of title he obtained for all sots subject to this appiicatioo Z4 That there be AP modification to the exterior oppearance of the existing residential structures. 3.) That the lighting spillover be ,,, ,, led. 44 That a five (5) foot landscape buffer be provided along the parking area on the alley south of the subject property. $ That ttte existing tree presently located in the site of the p parking lot be relocated -to a nearby place along the alley or replaced two shade trees (Oak or Mahogany) to he placed along the alley. 64 That no drop-orf er pick-czp of children attending classes or any function at the school/church complex will be allowed an or along the alley to the swath of the subject property and that a traffic monitor be in place, on the alley. during peak drop-ff/pick-op hours to ensure compliance with this condition. 7.) That signage im the residential area be limited to a INXilatga of twenty (20 square feet and that it net be illuminated. P '1 L ^1 G P GT A '� .. i C.� .. s . � � � Li � i %.- r .--- r i . a x .. � .7) �' Property "A" appraisers parcel iderrtifac.atiern No, 0) 4103 042 022o Property "13" appraisers parcel identifacatkm No, tt 1 4103 042 9240 pt -ty „("' appraiser; parcel identification No.: 01 4103 027 0150 Property "i)" appraisers parcel identification No,: 01 4103 028 11020 4177 11Ni1 ' OF TULE 95R305,280 1995 SEP 25 12i57 y'VIIEREAS, The First Spanish United Presbyterian Church of Miami, Inc. , a Florida not for profit corporation, (hereinafter, the "('hoards") is the owner of the real property in Dade ('oaunt3', Florida that is described as follows: Property „A" LOTS 1,2, Si 3, BLOCK 1 €NDIAN IIFI,GIITS 2nd SECTION, according to the Plat thereof as recorded in Plat Book 19, at Page 52, of the Public Record of Dade County, Florida, together with : LOTS 3, BLOCK 2, PORTLAND PLACE, according to the Plat thereof :as recorded, in Plat ilook 11, at Page 48 , of the Public: Records of Dade County, Florida, together with Lars 1 ihru 5, BLOCK 2, 1N1)L1N IiEIC,I1'€'S, according to the Plat thereof as recorded in Plat Book 12, at Page 71, of the Public Records of Dade County, Florida, together with the South 50.45 feet of LOTS 1 & 2, BLOCK 1, PORTLAND PLACE, according to the Plat thereof, as recorded in Plat Book I1, at Page 48, of the Public Records of Dade County, Florida. Commonly known as 2480 NAV, 7th Street, Miami, Florida. WHEREAS, 1.a Progresiva Presbyterian School, Inc., a Florida not for profit corporation, (hereinafter, the "School") is the owner of the real properties in Dade ('county, Florida , that are described as follows: Properly "13" : LOT 4, BLOCK 2, PORTLAND I'I.ACE, according to the Plat thereof, as recorded in Plat Book 11, Page 48, of the Public Records of DadeL'ounty, Florida. Commonly knows as: 619-621 N,\V. 25th Avenue, Miami, Florida. Property "("' : LOTS 7 and 1i, 131.O(.'1ti 2 IND1AN HEIGHTS, according to they Plat thereof as recorded in Plait Book 12, at Page 71, of the Public Records of Dade County, Florida. Commonly known as: 600 N.1'i'. 2,4th Avenue, Miami, Florida. Property "i)": 'ors 4 :nid 5, 131,0('K 1, €N1)IAN HEIGHTS 2aad SEC"t'1ON, according to the Plait thereof, as recorded in Nat Book 19, at Page 52, of the Public Records of 1)adt, County,. Florida. ('iammonly known as: 2455 N.W.611z Street, \Iiaaaai, l'1a,ria€ae. i692c41 WHEREAS, l'rciperty A, Property•li, Property C and 'Property D shall, hereinafter, be collectively referred to as the "I'ruperty", 2ind VEREAS, the Seti4int •,irid Church recognize and acknowledge that linr tine pithlic wcilare, saietyidmorals, tbe Property stub tan hekli into separate parcels owned Iny sinvral wisaiers so long .as Property C 'arid Pronertv I) are put to die hereinafter described use; and ‘Vii.EREAS, ki4.741nsideration of the issuartre or a specizti Exceptioit grained by the €'onirnission Of the City of Miami, norida, at its March 29, 1995, meeting to permit the operation Of primary iind seeondarl NChooi the Property and for other valuabie considerations the Chtirch and the School hereby agree to and do restrict the use of the Property in the following manner: I, Except for any conveyances by the Church to the School or by the School to the Church, the Property 1fl tie considered as one plot or parcel of land and no puritan or such plot and parcei of land shall be sold transferred, devised (kr assigned separately, hut shall only be sold, transferred, devised or assigned in its entirety a one plot or parcel of land, 2. That the School and the Church. further agree that these conditions, restriction5 and limitations shall be deemed a covenant running with the Property aini shall remain in fuli force and effect and shall he binding upon the Church and the School, their successors and assigns midi such lime as the same may be released in writing by the Planning, Building and Zoning Department of the City. of Nliaini fir' its Director or the designated representative; providing that said release has been apprareed by the Commission of the City o iianii after a public hearing, which public hearing shall be applied for and at the expense uf the Church and the School anal also provided that the Church and the School have obtained approval of a site plan which meets all applicable City regulations froin the Director of the Planning linildinR and Luning Department of the City of Ninon& SIGNED SEA I. :1), EXEC( `r1.:13 and ACKNOWI.EDGED an this /,3day. of ,1995, at Miami, Florida, ' e First Spanish United Presbyterian Church of Miami, inc. a not far profit corporation Roxana Mila le Es Roxana Mila 7.--Pdar le Esc/ci ) Roxana Mila 13y: Winston I l. Soso, President o - j) ,i'PJ,A3, 4- 6 The First Spanish United Presbyterian oi Inc Nioniara Vuelta, Secretary I' he First spanisli United Presbyterian Church of Miami, inc. La ProgresNa Presbyterian School, Inc. it not for profit corporation I3v: Winston IL Sosit, President ,5 e) L".1' -0 rrr. Xiatsaa;ir.a Viwtt;a•. Secreta Lit 1'E'eYayr3:Siv:i Sch.14.4, ltte. Faacana Mi S`1'A't L OF LI,ttl. 1 €.'t)I'N•I'V OF O I,) Tit c foregoing instrument was -ackn owledge d before iiar this l3, 1995 hy'aWinst<ora 1l. Susa, President of 'The Find Spanish 1.aalied €� atayt inn ichurch t3! lianai, Inc., and Xicultar-a \ ayelta, Secretary of "1'he First Spanish United Presbyterian Church of Miami, lac. as Nonprofit 1+'iorida State Corporation, on behalf of the corporation. n. They are p rss rally known to ate or have produced f1. !<'ik c ' S s' r as Identification and did (did not) take aan 01:12.1L My t'aoretattissi oaa S'I' VFE OF FLORIDA t't)ll1V'IY OF DAI)EE Public, State of orida Estela M. Ariza Printed Notary Signature .cam' W6'‘ yoeaol4"." A. olf60o tva�to 11 ONO (} h CouTtCl Couats •fhe foregoing instrument was ;acktaoe%ledged before ttib this 3t' � /79.5 1995 by Winston ILSaasaa, President ad La Progrestvi retebitcriatta Schairal, #tee, and Xlaaanaraa l'taettn, Secretary of La Prugreslva Presbyterian School, liar. a Nonprofit Florida State Corporation', au behalf or the identification aanel did ( did not, tatke an oath. Nac(;ary Public, State of FIirridaa Estela M. Ariza Printed Notary Signature My Como ifl Expires: ttti iAn DECLARATION OF RESTRICTIVE COVENANTS 5R3g9 1 19 5 SEP 25 12;57 This Declaration of Restrictive Covenants (the `Declaration") mode this \ day of 1995 , by The First Spanish United Presbyterian Church of Miami, Inc a Florida not far profit rporetica , rhereinafter referred toes the "Church') < and La Progresiva Presbyterian School, Inc . ; a not for profit Florida corporation, (hereinafter referred to as the "School") , is in favor of the CITY OF MMh MI , FLORIDA , a municipality located w thin the State of Florida thereinafter referred to es the ' CITY'), WiTNESSE T H WHEREAS, the Church is the tee simple owner of the real proper-6+ in the Sit} of Miami, Bade County, Florida ,incated at 248O N. W. 7th Street, that is described on the attached Exhibit A (the Church Property); WHEREAS. the School is the tee simple owner otthe real property in the City of Miami, Dade County, Florida, faceted at 500 N.W 24 th Avenue , 819-21 N.W. 25 th Avenue, and 2455 NA 6 Street , that is described on the attached Exhibit B (the Schee! Property); WHEREAS, the Church Property and the School Property that ere described crn the attached Exhibits A and B shaft hereinafter coltec;ively be referred to es the(:' Property") ; and WHEREAS, the Church end the School are presently applicants before the Commission of the Ctty of Miami for e Special Exception to allow the School to operate a primary end secondary school at the Properly. WHEREAS, the Church end the School a desirous of making e binding commitment to assure that the Property shall be developed in accordance with the provisions of This Declaration. NOW THEREFORE, the Church and the Sch(soi voluntarily covenants and agrees that the Property shalt be subject to the fotlowtng restrictions that are intended end shell be deemed to be covenants running *Eh the land and binding upon the Church and the School, their successors and assigns : Section 1. The recitals and findings set forth in the Preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. There shalt be no modification to the exterior appearance cf the existing residential structures. Section 3, There shall be no lighting spill -over to the adjacent residential district, Section 4. A five (5) foot Landscape buffer shall be provided along the parking area on the alley south of the Property. Section 5. The existing tree presently located in the -site of the proposed parking lot shall be relocated to q nearby place along the alley or replaced with two shade trees (oak or mahogany) which shall be placed along the alley. Section 6. No drop-off or pick-up of children attending classes or any function at the schootichurch complex shall be allowed on or along the alley to the south of the Property and a traffic monitor shall be in place an the alley, during peak drop - off / pick - up hours to ensure compliance with this condition Section 7. Signage in the residential area shall be limited to a maximum et twenty (20) square feet and it shall not be illuminated. Section 8. Should the Property ceaeo to be used as a school, the Special Exception shall expire. Section 9. Effective Date, if the City of Miami Commission grants the Special Exception, and after said grant has become final and non -appealable, This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners of the Properly and for the public welfare. Section 10. 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 lee simple title to the land to be affected by such modification, amendment or release, providing that same has bean approved by the City of Miami Commission offer a public hearing which public hearing shell be applied for and at the expense of the Owner. Should this instrument be so raioditied, emended or released; the Director of the City's Planning Building and Zoning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Of ra g aw" par S on 11. Terrn pf Cgverti rri..' rm voluntary cov n N on the pert of the Owner shaq roman €ry full force and effect e shall be binding upon the Owner, lis araccesacrs end assigns got sn Initial pod of thirty (30) years frcarn the date this instrument is aacotded In the, public records of Cade County and shell by automatically extended for <successkve periods of ten (10) years thereafter unless modified or released prior to the expiration thareraf.. Section, 12, inspection am:: Enforcement. it is understood and agreed that any official inspector of the City of Miami may have the right any time during normal working hours of entering and Investigating the use of the Property to determine whether the conditions of this Declaration and the requiter-herft+s a3itba-Cite a Building and Zoning r=rtalations are being complied with, An enforcement action may be brought by the City or by any property turner within 375 feet of the Property by action in law or In equity against any party or person violating or attempting to violater any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or io reCcr.+aa damages, The prevailing party In the action or suit shall be entitled to recover co add 'reasonable attorney's fees. This enforcement provision shall be In addition to any other remedes available under the law. Section t 3. Invaikiaton of any one of these covenants by judgement of Court shall not affect any of the other prowistons of the Declaration, which shall remain in full force and effect. Section 14, This Declaration shall be flied of record among the Public Records of Dade County, Florida, at the cost ®t the Owner. ..... iN WITNESS WHEREOF, the undersigned have sat their hands and seals this * T day of tutu 995. WITNESSES: XIO ARA y_LIELTA •-�—'`tic--4..:_, , .. MARIE ESQU 7 1 XIOMARA VUELTA MARIE ESQU STATE OF FLORIDA COUNTY OF DADE LA PROGRESIVA PRESBYTERIAN SCHOOL, INC. a not for profit Florida Corporation Zoo-Y P-V3. -vyt . c; THE FIRST SPANISH UNITED PRESBYTERIAN CHURCH OF MIAM€. INC a not for profit Florida Corporation By: ,_...y�„s� > �e py. .Wyf... eefare ma, the undersigned euthor'rty, personally appeared WINSTON H. SOSA, es President of Le Progresiva Presbyterian School, Inc., an behalf of the corporation. He Is personalty known to me of has produced Fr, kr/E as identification and did (did not) take en oath, My Commission Expires: 0Ti,.t;YiY F,U CCi {�aC�J3.Li. Itiotar Public: State of Florida STATE OF FLORIDA r',F r COUNTY OF DADE 8afore ms, the undersigned authority, personally appeared Mil H. SOSA, e% President i The First Spanish United Prasbyterlan Church of ivilarai, lnc,; on hahaii at the corporation. He is porsonaiiy known to me of has produced S z +C as identification and did (did not) take an oath. i'aaloft, State of Fdtatfd My Commission Expires: This instrument prepared by; WINSTON H. SOSA, ESQ, 800 N. W. 24th Avenue Miami, Florida 33125 nrr EXHiBiT ' "A" 1 LOTS 1, 2 , end 3, Block 1, INDIAN HEIGHTS 2NID SECTION, acc arding tts the PIat thereof, es recorded in Plat Boob 10, Page 52, of the Public Records of Dade County, Florida. AND LOTS 1, 2, and 3, Block 2; PORTLAND PLACE, sccordlrig to the Plat thereof, as rcc€fdad 1n Plat Book 11, Page 48 of the Public Records of Dade County, Florida. AND LOTS 1 THRU 5 , Block 2, INDIAN HEIGHTS, accesdtng to the Plat thefeuf, as recordPlat Bock 12, Page 71, of than Public Records of Dade County, Florida. AND • THE SOUTH 50.45 feat of Lots 1 and 2, Bieck 1, PORTLAND PLACE, according to the Pt 1 the€eoi, as recorded In Plat Book 11, Page 48 , of the Public Records of Dade County, Florida. a1 EXHIBIT "3'a. LOTS 4, Block 2 , PORTiAND PLACE, according to the Plat thereof, as fecrarded Irs Plat Book 11, Page 48, of the Public Recorde of Dada County, Florida. AND LOTS 4 and 5, Eitock 1, IN©IAN HEIGHTS 2ND SECTION, according to in Pig Book 119_ Page 52, of the Public Records of Dade County, Fionda.. AND e Piet thereof, ea recorded LOTS 7 end 8, Bfock 2, INDIAN HE GFHTS, according to the Plat thereof, as fecorded in Plat Boo12, Page 71, of the Public Records of Cade County, Fi®rkia. mvrvary-c3.1 °11.feitoovvttitritc cacu[t