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HomeMy WebLinkAboutSubmittal-Ben Fernandez-Item PZ.2 01-26-12Schimmel, Howard & Marlena 350 NE 56th Street City Commission January 26, 2012 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM?z ON ot I2J,1r2- BERCOW RADELL & FERNAN DEZ ZONING, AN ID USE ANO ENV I IR(DNME N "-AA_ LAW /O - 6t9.296, C`-'i - J7fct / - /evnci.-7p7ez- 2 D/-�; -/2 MIAMI 21 ARTICLE 3. GENERAL TO ZONES AS ADOPTED - MAY 2010 3.4 DENSITY AND INTENSITY CALCULATIONS 3.4.1 Lot Area is used for purposes of Density and Intensity calculation. 3.4.2 Density shall be calculated in terms of units as specified by Article 4, Tables 3 and 4. The referenced tables provide the maximum allowable Densities. Intensity shall be calculated in terms of Floor Lot Ratio. The buildable Density or Intensity on any particular site will be affected by other regulations in this Code and thus the stated maximums of this Miami 21 Code may exceed the actual Capacity that a site can sustain when other regulations of this Code are applied to the site. The inability to reach the maximum Density or Intensity because of the necessity to conform to the other regulations of this Code shall not constitute hardship for purposes of a Variance. 3.4.3 Lodging Units shall be considered as equivalent to one-half (0.50) of a Dwelling Unit. 3.4.4 The allowable Transect Zone Density may be increased as provided by the Future Land Use Element of the Miami Comprehensive Plan (Residential Density Increase Areas), as illustrated in Article 4, Diagram 9. 3.5 MEASUREMENT OF HEIGHT 3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in Stories. The height of Fences and walls shall be measured in feet. The Height of Buildings, Fences and walls shall be measured from the Average Sidewalk Elevation or, where no sidewalk exists, the average of the record profile grade elevation of the street Abutting the Principal Frontage of the Building, as determined by the Public Works Department. In the event that the base flood elevation, as established by FEMA, is higher than the sidewalk or grade elevations, the Height of the first Story but not the height of Fences and walls shall be measured from the base flood elevation. 3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in Height from finished floor to finished floor. Basements are not considered Stories for the purposes of determining Building Height. A ground level retail Story may exceed this limit up to a total height of twenty-five (25) feet. A single floor level exceeding fourteen (14) feet, or twenty-five (25) feet at ground level retail, shall be counted as two (2) Stories; except for T6-36, T6-48, T6-60, T6-80, and D1, where a single floor level exceeding fourteen (14) feet may count as one (1) story if the building height does not exceed the maximum height, including all applicable bonuses, allowed by the transect at fourteen (14) feet per floor. Where the first two stories are retail, their total combined Height shall not exceed thirty-nine (39) feet and the first floor shall be a minimum of fourteen (14) feet in Height. Mezzanines may not exceed thirty-three percent (33%) of the Habitable Space Floor Area, except for D1, where mezzanines may not exceed fifty percent (50%) of the Habitable Space Floor Area. Mezzanines extending beyond thirty-three percent (33%) of the Floor Area, or fifty percent (50%) of the Floor Area in D1, shall be counted as an additional floor. The Height of a Parking Structure concealed by a Liner may be equal to the Height of the Liner; this may result in a Liner Story concealing more than one level of Parking. SUBMITTED INTO THE III 7 PUBLIC RECORD FOR TEM(2z,z ONw2i,z . Table of Contents A. Photos B. Revised Covenant SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ez, ON 0,/06i2 , BE.RCOW RADELL & FERNAN DEZ ZONING. LA N ID USE ANO EN V I RO N ME N fAL LAW A. Photos SUBMITTED IN!TJ THE PUBLIC REC.RD FOR ITEMp22 ON//%z. BERCOW RADELL & FERNANDEZ ZONING, LAND USE ANO EN V I RON M ENTHL LAW SUBMITTED INTO THE PUBLIC RECORD FOR ITEM pz 2 ON SUBMITTED INTO THE PUBLIC RECORD FOR ITEM Z. 2 ON oitz&/72. B. Revised Covenant SUBMITTED INTO THE PUBLIC RECORD FOR ITEM2_ONo//%z. BERCOW RADELL & FERNAN DEZ ZONING, LANE US 1= ANc ENVIRONMENTAL LAW SUBMITTED INTO THE PUBLIC RECORD FOR ITEMvz='""! 0,/26 This instrument was prepared by and after recordation return to : Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) MODIFICATION OF DECLARATION OF RESTRICTIVE COVENANTS This Modification Declaration of Restrictive Covenants (the "Modification") made this day of 2011, by Howard and Marlene Schimmel (hereinafter referred to as the "Owners"), are in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY"). WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. 13234, for the property located at 350 NE 56th Street Miami, Florida and being legally described as: (See attached exhibit "A", which is incorporated by reference into the Declaration). WHEREAS, on November 18, 2010 the City Commission approved the rezoning of the Property to T-5L Urban Center Transect Zoning; WHEREAS, the Owners proffered a Declaration of Restrictions recorded at Official Records Book 27791 Pages, 0430-435 ("Recorded Declaration"); WHEREAS, the Owners seek to modify the terms of the Recorded Declaration and are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owners voluntarily covenant and agree that Section 2 of the Declaration be modified from: A. That development on the property shall not exceed three (3) stories in height. to: A. That development on the property shall not exceed fifty-three feet (53') in height at the top of roof line. Section 3. Effective Date. This Modification is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their heirs, successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 4. 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 Owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Any modification, amendment, or release will be in a form acceptable to the City Attorney. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMp22 ON'/,'/Z. Section 5. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. This enforcement provision shall not apply against the City of Miami. Section 6. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 7. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners within thirty (30) days of its execution by the Owners, and acceptance by the City of Miami. The Owners shall provide a certified copy of the recorded covenant within thirty (30) days of its recordation to: City of Miami Zoning Administrator, 444 SW 2nd Ave., 4th Floor, Miami, FL 33130-1910, with a copy to the Division of Hearing Boards, 444 SW 2nd Ave., 7th Floor, Miami, FL 33130-1910. [Signature Page(s) to Follow] SUBMITTED INTO THE PUBLIC RECORD FOR ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this day of 2011. Witnesses: Signature Howard Schimmel Print Name Signature Print Name STATE OF COUNTY OF Address: 5255 Collins Avenue, Unit 6D Miami Beach, FL 33140 The foregoing instrument was acknowledged before me by Howard Schimmel. He is ❑ personally known to me or Cl has produced as identification. Witness my signature and official seal this day of 2011, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name SUBMITTED INTO THE PUBLIC RECORD FOR ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this day of , 2011. Witnesses: Signature Marlene Schimmel Print Name Signature Print Name STATE OF COUNTY OF Address: 5255 Collins Avenue, Unit 6D Miami Beach, FL 33140 The foregoing instrument was acknowledged before me by Marlene Schimmel. She is ❑ personally known to me or ❑ has produced , as identification. Witness my signature and official seal this day of 2011, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name SUBMITTED INTO THE PUBLIC RECORD FOR TE 2 ON 0/6,il, } EXHIBIT A Legal Description: Lot 4, Block 4, DIXIE HIGHWAY TRACT as recorded in Plat Book 5, at Page 24, of the Public Records of Miami -Dade County, Florida. Folio No.: 01-3113-065-0481 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM Pia ON of oz.