HomeMy WebLinkAboutExhibit BSubmitted into the public
record for item(s) PZ.7 & PZ.S
on 09/22/2016, City Clerk
This instrument prepared by
and when recorded returned to:
Steven 3. Wernick, Esq.
Akerman LLP
Three BrickeIl City Centre
98 Southeast Seventh Street
Miami, FL 33131
(Space Above For Recorder's Use Only)
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIONS (this "Declaration") is made this day of
_, 2016, by 4201 Design West, LLC, a Florida limited liability company (hereinafter, the
"Owner"), in favor of the City of Miami, Florida, a municipality located within the State of Florida (the
"City") (collectively, the "Parties").
WITNES SETH:
WHEREAS, the Owner holds fee simple title to that certain real property located at 4201 NW 2"d
Avenue, Miami, Florida, identified as Folio No. 01-3124-020-0280 (the "Site"); and
WHEREAS, the majority of the Site adjacent to and fronting on NW 2"a Avenue is currently
classified as T4-L on the Zoning Atlas of the City of Miami Zoning Code ("Zoning Atlas"); while the
eastern portion of the Site, as more particularly described in Exhibit "A" (the "Subject Property"), is
currently classified as T3-L on the City's Zoning Atlas; and
WHEREAS, however, the property comprising the Site has been, since at ]east 1983, under
common ownership and considered one unified development site with a single address and tax folio,
improved with a 1- and 2-story commercial structure and outdoor playground area, which has been used
as a day care center; and
WHEREAS, on July 17, 2015, the Owner filed an application (the "Application") with the City's
Planning and Zoning Department to amend the City's Zoning Atlas to change the zoning classification of
the Site, including the Subject Property, to T4-O to unify the zoning of the entire Site to effectuate
efficient and appropriate use and future redevelopment of the Site; and
WHEREAS, the Planning Department recommended approval of the application as being
consistent with the criteria contained in Article 7,1.2.8 of the City of Miami Zoning Code; and
WHEREAS, after meetings with abutting property owners and representatives of the
neighborhood associations representing residents and property owners in the neighborhood, Buena Vista
Heights Neighborhood Association, Inc., and Buena Vista Stakeholders, Inc., including a meeting at the
Site in September 2016, and mutual support by the Owner and the representatives of the aforementioned
associations, the Applicant voluntarily amended the Application to reduce the proposed zoning for the
Subject. Property to T4-L to provide an appropriate and desired transition between the Site and the
neighborhood to the east of the Subject Property; and
(36287471;5}
Submitted into the public
record for item(s) PZ.7 & PZ.8
on 09/22/Z016, City Clerk
WHEREAS, on October 21, 2015, the Planning, Zoning and Appeals Board unanimously
recommended approval of the Application, as amended (11-0); and
WHEREAS, on December 10, 2015, after recommendation by the Planning, Zoning and Appeals
Board, the City of Miami City Commission on first reading of the ordinance, reviewed the Application, as
amended, for amendment to the City's Zoning Atlas, and determined the Application to be consistent with
the criteria contained in Article 7.1.2,8 of the City of Miami Zoning Code; and
WHEREAS, on . 2016, on second reading, the City Commission approved the
Application, as amended, for amendment to the City's Zoning Atlas, pursuant to Ordinance No,
attached hereto and made a part hereof as Exhibit "B"; and
WHEREAS, the Owner desires to ensure that any future use and/or development of the Subject
Property is consistent with both the current and future conditions of the surrounding Buena Vista Heights
neighborhood, and respects the residential character of the neighborhood east of NW 2'd Avenue.
NOW THEREFORE, the Owner, in order to assure the City that the representations made to the
City will be abided by the Owner, its successors or assigns, freely, voluntarily and without duress makes
the following covenants covering and running with the Subject Property:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. Covenants Against the Subject Property. The Owner hereby declares the following restrictions
against the use and development of the Subject Property:
a. The Subject Property shall not be used as a nightclub, lounge, or other Alcohol
Beverage Establishment, as defined in the City of Miami Zoning Code.
b. No outdoor dining shall be located on the Subject Property.
c. Commercial uses shall only be located on the ground floor of any building or structure
on the Subject Property. No uses other than residential uses are permitted on additional floors
above the ground floor of any building or structure on the Subject Property. Structures on the
Subject Property shall have a maximum height of twenty-five (25) feet and no more than two (2)
stories.
d. In connection with any improvement of the Subject Property for parking facilities to
support any new commercial uses on the Site, a buffer shall be provided along the eastern
property line of the Subject Property consisting of trees planted at a maximum average spacing of
thirty (30) feet on center within a minimum five (5) foot wide landscaped strip, and either (i) a
fence with a life expectancy of at least ten (10) years or masonry wall with a measured height of
six (6) feet, or (ii) landscaped hedge or shrubs which are of plant material that normally grow to a
minimum height of six (6) feet, in accordance with City of Miami Zoning Code, to screen
visibility from NW 42 Street.
In the event the City of Miami Zoning Atlas is amended to allow for T4-L or greater for
fifty (50) percent or more of the lots abutting the property to the north, south, or east, the Owner
may request the release of this Declaration consistent with the procedures set forth in Section 6
herein.
(3628747);5)2
Submitted into the public
record For item(s) PZ.7 & PZ.8
on 09/22/2016, City Clerk
3. Effective Date. This Declaration shall constitute a covenant running with the title to the Subject
Property and be binding upon Owner, its successors, heirs, and assigns upon recordation in the Public
Records of Miami -Dade County, Florida. These restrictions shall be for the benefit of, and a ]imitation
upon, aI] present and future owners of the Subject Property and for the public welfare,
4. Term of Covenant. This Declaration on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner of the Subject Property, its successors in interest and assigns
for an initial period of thirty (30) years from the date this instrument is recorded in the public records and
shall be automatically extended for successive periods of ten (10) years, unless modified, amended or
released prior to the expiration thereof.
5, Inspection and Enforcement. It is understood and agreed that any official inspector of the City
of Miami may have the right at any time during normal working hours to enter upon the Subject Property
for the purpose of investigating the use of the Subject Property, and for determining whether the
conditions of this Declaration and the requirements of the City's building and zoning regulations are being
complied with. An action to enforce the terms and conditions of this Declaration may be brought by the
City and may be by action at 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. This enforcement provision shall be in addition to any other remedies
available under the law,
b. Amendment and Modification. This instrument may be modified, amended or released as to
any portion of the Subject Property by a written instrument executed by the owner(s) of the fee -simple
title to the Subject Property to be effected by such amendment, modification, or release and the City with
the approval by the City Commission at a public hearing, which public hearing shall be applied for by,
and be at the expense of the Owner. Any modification, amendment, or release of this Declaration will be
subject to the approval as to content by the Zoning Administrator, and as to legal form by the City
Attorney. The Buena Vista Heights Neighborhood Association, Inc., and Buena Vista Stakeholders. Inc.,
shall be given notice of any modification, amendment, or release of this Declaration.
7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect
any of the other provisions of this Declaration, which shall remain in full force and effect.
8, Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade
County, Florida, at the cost of the Owner. The Owner shall submit a recorded copy to the Zoning
Administrator at 444 SW 2°4 Avenue, 4th Floor, Miami, FI., 33130-1910 within thirty (30) days of
recordation.
[ Signature Page Follows ]
136287471;5}3
Submitted into the public
record for item(s) PZ.7 & PZ.8
on 09/22/2016, City Clerk
IN WITNESS WHEREOF, the Owner has set his hand and seal effective of the date first above
written.
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MLAMI-DADE )
420! DESIGN WEST, LLC, a Florida limited liability
company
By:
Nam e:
Title:
The foregoing instrument was executed, acknowledged and delivered before me this day of
, 2016, by , as of 4201 Design West, LLC,
a Florida limited liability company, on behalf of the company. He/She is personally known to me or has
produced as identification..
(Official Seal)
Name:
Notary Public, State of Florida
My Commission Number:
My Commission Expires:
APPROVED AS TO LEGAL FORM APPROVED
AND CORRECTNESS:
OFFICE OF THE CITY ATTORNEY ZONING ADMINISTRATOR
By: By:
Printed: Printed:
{36287471;5}