HomeMy WebLinkAboutAnalysis & MapsCITY COMMISSION DOCUMENTATION
ANALYSIS FOR RELEASE OF COVENANT
FILE ID:
APPLICANT:
PROJECT NAME:
PROJECT ADDRESS:
TRANSECT ZONE:
FOLIO NUMBERS:
COMMISSION DISTRICT:
NET OFFICE:
2171
Maria A. Gralia, Esq., on behalf of Las Palmas VOA Affordable
Housing, L.P.
Las Palmas Plaza I and Las Palmas Plaza II
740 NW 25 Avenue and 2501 NW 7 Street, Miami, FL, 33125
T6-8-O "Urban Core" Transect Zone
01-3134-038-0150, 01-3134-038-0160
District 1, Commissioner Wilfredo (Willy) Gort
Little Havana
SUBJECT: A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A
RELEASE OF A DECLARATION OF RESTRICTIVE COVENANT
("COVENANT") WITH ATTACHMENTS DATED JUNE 25, 1984 AND
RECORDED IN THE OFFICIAL RECORD, BOOK 12187, PAGE 2833, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE
PROPERTY LOCATED AT 740 NW 25th AVENUE, MIAMI, FLORIDA, AND
LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A".
BACKGROUND
Las Palmas VOA Affordable Housing, L.P. ("VOA"), is the owner of a project located at
740 NW 25th Avenue and 2501 NW 7 Street. The project is located just to the north of
NW 7th Street, between NW 25th and 26th Avenues. The project is a building consisting
of 60,335 sq. feet and five stories within the T6-8-O Transect Zone.
On or about March 23, 1989, the City Commission heard a request for a modification of
the Covenant for the above properties. The Covenant restricted the uses on the property
to television station studios and offices, including but not limited to parking, plaza and
satellite and tower antennas. Following the City Commission hearing of March 23, 1989
(PZ-15), the Commission denied the request of said modification to release the Covenant
by motion No. 89-301 with a vote of 5-2.
740 NW 25 Ave. and 2501 NW 7 St.
City Commission
File ID # 2171 (Release of Restricted Covenant)
Page 2
FINDINGS
• In 1989, the City Commission denied VOA's request to release or modify the
Covenant, which was part of a previous zoning change amendment for Channel
23, owned by Univision Station Group Inc. The Covenant restricted, among other
things, the uses on the property to television station studios and offices, including
but not limited to parking, plaza, satellite, and tower antennas. VOA requested
that the Covenant be released to construct an elderly housing project.
• Based on the public hearing of March 23, 1989, the request for release of the
Covenant was denied due to neighbors' concerns of potential adverse effects of
potential additional traffic into the residential neighborhood immediately to the
north of the property. However, the restrictions contained in the Covenant did not
prevent the construction in 1995 of the existing elderly housing project because
the use was allowed "as -of -right".
• The existing Covenant limited the uses on the northern 50-feet of the property to
allow only accessory uses such as, television station studios, offices, parking,
plaza, and satellite and tower antennas. In 1990, the current five story buildings
with 96 and 100 dwelling units, respectively, were constructed for, Las Palmas
Plaza 1, and Las Palmas Plaza II, with corresponding parking, landscape buffer,
and an open plaza. The northern 50 feet contain an open landscaped plaza in
compliance with the Covenant.
• The applicant is requesting that the 1984 Covenant be released and replaced with
a new Covenant that clarifies that the current uses on the property are elderly
housing. The new Covenant will continue to restrict the northern 50-feet as a
landscape buffer and open plaza in substantial conformance with the attached site
plan, dated June 21, 2006, for the "construction of apartment housing consistent
with the property's existing T6-8-O zoning designation, pursuant to the Miami 21
Code".
• At this time, applicant has closed on a Housing and Urban Development ("HUD")
loan to for the rehabilitation of both towers. The HUD lender is requiring a new
Covenant that clarifies that the current uses on the property are elderly housing.
• The Covenant only restricted uses for the northern 50-feet of the property to
accessory uses such as, television station studios and offices, parking, plaza and
satellite and tower antennas. The applicant, at this time, through its counsel,
provided copy of an "ALTAINSPS LAND TITTLE SURVEY AND BOUNDARY
740 NW 25 Ave. and 2501 NW 7 St.
City Commission
File ID # 2171 (Release of Restricted Covenant)
Page 3
SURVEY" dated October 20, 2014 with revisions on November 4, 2016 and
December 14, 2016 from Manuel G. Vera & Associates, Inc.
• The Covenant amendment is appropriate, as the applicant has proffered a
substitute Covenant in substantially the same form as the former Covenant.
Furthermore, the City allows for modifications and amendments to a Covenant,
provided that the same is also approved by the City Commission, after public
hearing.
RECOMMENDED ACTION
Staff acknowledges there are inherent constraints associated with the restrictions that no
longer are applicable to the current situation. The current development and use of the site
is not a television studio. The current development is an elderly housing complex and the
current restrictions of the existing covenant did not prevent the construction of the existing
residential buildings as of right. The applicant is maintaining the northern 50-feet of
landscaped open space and plaza consistent with the restrictions contained in the original
Declaration of Restrictive Covenant; as such, staff recommends the amending of the
Covenant as proposed.
Attachments:
• Recorded restrictive covenant and attached site plan dated May 23, 1984.
• Legal description
• Current Land Use and Zoning Transects
■ Aerial photograph
City Commission Minutes, March 23, 1989
Jacq e' Ellis
Chie •f L d Development
Prepared By: Antonio Perez, Planner II
April 14, 2017
-,111.117
ask III25 el 1r53 R 1937 I8
moulumom or xcTia p
c 12187 FG2833
KNOW ALL MEN BY THESE Pite8ENTS that the undersigned, being
the owners of the following described property (the 'Property"),
lying, Being and situated in Dade County, Florida, to -snit:
Lots 1 and 6, Block 6, Supplemental Plat of
Riverside Farms, according to the Plat there-
of as recorded in Plat Dock 2, Page 88 of the
Public 'Records of Dade County, Florida.
in order to assure the Zoning Board and City Conaiasion of the
City ofMiaaai, Florida, that the representations made to them by
the owners will be abided by, voluntarily make the following
Declaration of Restrictions covering and running with the Prop-
erty:
1. That use of the Property shall be limited to uses
accessory to television station studios and offices, including
but not limited to parking, plaza and satellite and tower anten-
nas.
2. That the Property will not be used for the purpose of
floor area calculations for the redevelopment of abutting prop-
erty at 2501 N.W. 7 Street.
3. That the antennae to be Located en the Property will be
designed against television rcceptier interference at homes
within a radius of e75 feet of the Property, and any television
interference which may result to such owners from said antennas
will be eliminated by the undersigned at its bole coat and
expense.
4. Met the antennas to tie loeate3 on the Property will be
designed and secured against collapse beyond property owned by
the undersigned due to hurricanes or other atom], and any daeage
caused by said antennas to abutting properties shall be repaired
at the expense of the undersigned.
5. Thet the antennas will be located on the eroperty sub-
stantially in accordance with the site plans entitled "Spanish
International Comm. Corp., wr,4'V 23', prepared by E. Frances,
A.I.A., dated April 25, 1984.
6. That an 8 feet high wall will be installed to the north
and east of the antennas as shown on said eite plan prior to the
commencement of construction of said antennas.
7. That approximately 20 feet high trees will be planted
every 10 feet along the landscaped buffer north and east of the
wall described in paragraph 6 above.
8. That said landscape buffer shall be no leen than IO
-feet wide along the northern boundary of the Property.
9. That the undersigned will obtain and maintain in full
force an insurance policy against the claims of other property
owners for damages which might be caused to such other property
owners resulting from the collapse, if any, of the antennae
eaflected on the plan described in Paragraph 5 above.
It le understood and agreed by the undersigned that any
official inspector of the City of Miami Fire, Rescee and Inspec-
tion Services Department or any agents duly authorized by the
Director cf that Department may have the privilege at any time
'¢hfe Inrstrument Prepared 1Bya
Gary N. Hell[, Esq.
Greenberg, Trauriq, skew, Coffman,
Lipoff, lien i Quentel, P.A.
2401 Brickell Avenue, PH -I
Miami, Florida 33131
it e 12187 (..2834
during normal working hours of entering and inve>ettgating the une
of the Property to determine whether or not the requirements of
the building and zoning regulations and the conditions herein-
agreed to are being fulfilled.
These restrictions during their lifetime shall be a restric-
tion and limitation upon all present and future owners of the
Property and for the public welfare,
This Declaration shell constitute a covenant running with
the land and shall be recorded in the public records of Dade
County, Florida, and shall remain in full force and effect and be
binding upon the undersigned, its successors and assigns until
such time as the same is modified or released. �~
These covenants shall continue for a period of 30 years fro*
the date of recordation, after which time they shall be extended
automatically for successive periods of ten years, unless an
instrument signed by a majority of the then owner(a) of the Prop-
erty has been recorded which changes or releases the covenants in
whole, or in part, provided that the covenants have first been
released ar the changes approved by the City of Miami,
This Declaration of Restrictive Covenants may be modified,
amended or released as to the land herein described, or any por-
tion thereof, by a written instrument executed by the then
owner(s) of the fee simple title to the lands to be affected by
such modification, amendment or release, provided that the same
has first been approved by the City Ccnmission or the Zoning
Board of Miami, Florida, (whichever by law has jurisdiction over
such matters) after public hearing.
Should this Declaration of Restrictive Covenants be so modi-
fied, amended or released, the Director of the City of Miami
Fire, Rescue and Inspection Sery ces 00itdl.ti7.0=? or his suG-
cesepr, shall fortiw1th execute a written instrument effectuating
and acknowledging such modification, amendment or release.
Enforcement shall be by action at law or in equity against
any partien or persons violating, or attempting to violate, any
covenants, either to restrain violation or tc recover dateageo.
The prevailing party shall be entitled to recover, in addition to
coats and disbursements allowed by law, such sum as the Court may
adjudge to be reasonable for the services of his attorney.
Invalidation of any one of these covenants, by judgment or
Court, in no wise shall affect any of the other provisions which
shall remain in full force and effect.
IN WITNESS W EREOF, the owners have caused these presents to
be executed and signed in their names by their proper officers,
and their corporate seals to be affixed hereto and attested to by
their Secretaries the day and year set forth below.
WITNESSES! SPANISii INTERNATIONAL
COMMUNICATIONS CORPORATION
Xila.+i�
- 2 -
12187 ;.62835
s'PATE OF NEW YORK )
SSt
C.011Nri OF BRONX )
The foregoing instrument was acknowledged before we this 23
day of jqtry , 1984, by Reynold V. Anselmo
and S'ally Segal , President and 8eoretary,
respectively, of prtish Inxr tional Cat. C rati st a a Delaware
corporation, on behhalf oo the corporation.
My Commission Expirest
Nosey Mile, loft el New Yak
No. 00144
GNAW Rim unagr
t 1.si
APPROVE A9 TO FORM AND
CORRECTNESS
ty Attorney
.
- 3 -
% 1,
M • ARY
State of New ork at Large
ncaMo ix *Inc* norm 11A
a OM fin,i1Gu64.
l7m16 rlAiPN6
i1C,JARD P. PRI.NKER.
ksZC1RCUII Ce{!RI
Legal Description
Lots 1 and 6, Block 6, Supplemental Plat of Riverside Farms, according
to Plat thereof as recorded in Plat Book 2, Page 88 of the Public Records
of Miami Dade County, Florida.
NW-27TH AVE
MIAMI 21 (EXISTING)
File ID: 2171
T4-R—
J
uJ
ji<>
CO
N
NW 9TH ST
i
Z
T6-8-O
0 125 250
i I
NW-7TH ST
uJ
z
N
T3-O
U
2
N
T3-O
NW 25TH AVE
ADDRESS: 740 NW 25 AV &
2501 NW 7 ST
500 Feet
0
100
200
AERIAL
File ID: 2171
400 Feet
A
rthstar Geogra phics; CNE, (Airbus
ro rid, IGN, !GPP swisstopd-and t
ADDRESS: 740 NW 25 AV &
2501 NW7ST
Mr. Bab Atid one other hatter for the record, is that Mittel Center,' joint
vehtUra, represented today by Mr. Minsky hill requested that the City':
reiolutiohe be Clarified to indioate that whatever action is taken today Only
affects 'out portion of the HMIMI Center i development order property and net
the southern portidn of that property owned by his spent and we are agreaeble'
tb these olarifitatibnr,
Mayor Suarest: We've got the item tabled then for a few minutes.
Hr.'Eercovi oli. '
_ 45, DENY 1i1QUE T FOR HODIFICATION FAR RELEASE OF DECLARATION OF ) STSI TIV.E
COVENANTS' RUNNING WITH LAND FOR PROPERTY OWNED BY UNIVISION STAT10N
GROUP, INC. at approximately 740-742 N.M. 25th Ave. - to permit use -of
property 'for construction of ..a community taped residential aehter"�'
{ACLY)
d
atha;
Mr. Desikines` .."PZ-15. Let'a hear PE-15. We got ell these people out here
with
Mayor Suarats Do we have a lot of people here on PZ-157
Mr. Dawkins Ail the people with 15, hold up your hande.
Mayor Suarez, PZ-i5 then.
Oloiediiles 'Fifteen is a modification of. a' covenant, a property known all,
Channel' 23.siaa iesued•a zoni'n "amendment. n'
It waa'chae of Bonin eon i
ago coven pro ere o it. The ape can ,e seeking relief
e t a ... covenant and wit!T ertain-reetricftna.which will%a11ow:theraAo•put nil
ACLF building, an adult con re ate in facilit , for a hundred' clients.:
That is a hundred un; t' apartment buiidin . ' The Plannia"g Department le
recordmending.approva-r5T the meZi cation Au act to the submitted piaxio:phich
.era.on record. -
.Mr. Plum err Were on fifteen?
Mayor Suarez: 'Yee, PZ-15. Ss there anyone who wiehaa.to be heard.egainet.the:;
reaolution':of PZ-157' Ah, T see'.'' 0K, leer Nolte -then from the appli"cant'firet.';Y
xr, Olmed111or From the applicant first, yea, sir,
Tony O'Donnell,• 4r6' Saq.i Mr. Mayor, wembare of the...
Hr. `P1iuth ere Cad we -Ask that all persons going' to. testify be . evorn la'
you're going Co testify, you must raise your right hand and be sworn.
AT THIS POINT THE CITY CLERK ADtiINISTEii$D REQUIRED: OATH UNDER ORDINANCE'tti0
10511 TO THOSE PERSONS 0/VINO TESTIMONY ON THIS ISSUE.
Mr. P1uaaiera'
Mr,'0'Donoelli
Mr, Plummer:
I know, Tony, for oertain'that you area registered Iobbgigt::'
:':Yea, Mr. Plummer, I am.
Forth', record; thank ybu,•
Mr. O'Donnella For tbe'reaord,'ny nisae'is. Tony O'Donnell with' few olli.oee R
901 ;trio/Le/1 Avenue. Pm representing the applicant in thin nietter. I.
rsques£, i f 'I could1 ' if 'the Commieeion''could turn • td page"'two of.:the pockets
rook' qt 'tsha "*mete, or perhaps refer to the .map that I p ' up on'; the Jip,OPip
Raeica1ly, the appl#eetiors that we have today. ;e to, obtain,. if.y,oµ'11'1ook. i
that pegs tees;, find youlook st the property thet's shaded ' In acid tlyeu zlgi t pss
top of Chatproperty,,the property that', crouahatched, there pre.ently,exilta', Au
. sost or the 'to "50'feet° •that' e9 ra1ie ched -on' thet''ccie c
. -*R1.4r
1pca;qd' Os -the. ngrth :"s 487of "H.N, ..7th Street:. Viet aovgys.synt veg4p k4`vid4_
joy car 'a ion o the uao t a °° . fogy wide ..tri . !t} *re oak
torsi ass iae fi .t';atep p'an`effort tC1 get ar.. i' A;:a 4Ftm
'446
:z"
•
the elderly, hot only on that property but the shaded propert below that,
ii1.74-11ttrg for i release of n we a e proposing, or Ili e
Etta n r siltation or • , ne l.''hVShant which covefig6tTi'
ad port on o t y and�o the shaded portion. Md
e new cowman ey TMt am- Only other uee that will now be
on roper will no ion er-be the commercial ure,l no Tonger'
use, t e broadcast station use or annel 1., but wild...
rea€dent a use This rep€dentiaL use is not an adult congrig_ste living
it . €ll be instead an apartment Moat for the independent elderli.
o�'1sa Ap`sop1e vho have - are not in need o
w flr u cons
<E1 o abe for o coat ■ er rd`Ct�i7I be run •y a n•n�poi ft-organization,
nt■ ova' submitted a preliminary sfTb ptan co tile„
anlrFng Department for their consideration. Ii you release the rear 50 fest
of this property from the covenant tons ht and €mpo a the oovenan .w o e
eve pro are , en e a e o e_
k 'air axcs .tion which will Se raviewod after public heel ng oerore th6
on€inn Soand for t a proposed apartment wilding, we peJ eve thaithere i8"l
amuolio• heed. an a a e Department recommends this
application based partially on that, a community need to provide affordable
hooking for the independent, for the healthy elderly In the community in which
they lived their lives so that they do not have to leave that community. So
that they can be near the churches and synagogues and the shops and the family
that they have lived their liven with. ,fig not ■ nursing home au 1 said
and not an ACLF but a low cost apartment complex for the community itself.
Seoon3Tp, we think that this...
ton
na
a
D
Mayor Soarers Tony, what does this structure look like now? What do you have
there?
Hr. O'Donnell:
the very rear,
ha rear. The
Mayor.Suarez:
seine?
Aleht now, it's a combination of broadcasting statism and_at
the broadcasting - not towers, but ashen - on the property et
property is zoned commercial from northwest...
Was It used as a studio at one point or is that. an idea . of •
Hr. O'Donnell, Yee, it was. .Yes, a studio...
Hayor.Suarezc it's a pretty low 'tractors then•
Mr. O'Donnell, Yes, it is. The structure...
Mayor Suarez: And what's the restriction that you're having you're trying :to
have lifted?
Hr, ,0'Donnell: The restriction Is at t v ry rear of the property which
would regyireq a ten ooan e_o.-nne-.�,u far, required a wail and ragulxed 'no
,14k1`g of the FAR fire that last 50 feat and transferring it to the front N -
as to build bigger structures on the frost w nh a d
under_your ordinance.
Mayor Soarers What Mould you be able to build if you didn't have the lifting
of this restriction?
Hr. O'Donnell: . On the particular 50 feet, we wouldn't be eble.to build much
of.anything except what's under the restriction. From the o'raeshatched
portion of that...
Mr. P1uiomar: No, no, no, you couldn't build anything.
Hr,,,0'Dongell: .., down to the Northwest th.,.
Mr. ,..ylusrper:, No,, no, no, no, no. On .that southerly 50 feet, you . co,i1dp lt. .
build anything,
Kr. O'Donnell,,. The northerly '50 feet, right.
Hr. Plummer: I'm sorry, the northerly 50 feet you couldn't build "anything:.
Hr. O'Donnell, 1 agree with that, Hr. Plummer, but•from, that point fprward.;,
who yagq,S+f•the canmoprclal><•ealdaabial,.cg-2.17.wauJ.¢bal9w0,, a hi�E ;:ti►gx
i41
•
rt
1
the residential use Le a batter transition use. We are providing, in our
plan, a 30 fobt wide lehdseepa setback rather than the 10 feet that was
originally proposed on that 30 feet wide crosshatched area. Our building will
be 45 feet, the reaidehtiil toning that abuts us allows up to 35 feet, We
think the combination of a 30 foot wide buffer eetbaok plus !i reetricttbn dot
45 feet hi h building will provide a vet ood trans ion between the
resident!. in the rear and t e common a n the front. We're hoping it the
r the the ecl:mere a e r n a neighborhood eomflerelal. That.
Mould be very beneficial for the type of tire we're talking about where the
elderly db not normally have cars, have very low traffic uaea, will be able to
walk to the cohveniemee center. In reality, this is In !deal loeation in
transforming this particular property into a specific use of broadcasting
station end turning it Into a residential use which meets the Heed°of the
cot r and' we would as ,
at a evs
at thr
throe
unn to atE &
g
am_ $Tina spiC a a>edip ion be18Te ova Zoning oars d. � �
Mayor Suarez: You know, the way tills reads, unless I'm missing something
hers, doesn't make much sense. It says.qay want a release of the raatriotien
to permit the use of +► property - of the property rather - for a 100• unit
r▪ ahtal apartment for eiaerTy persons.What, exactly, are they making to be
trfte at xou ■ Aow u ding of a 100 unit rental apartment for
e lderly persona. What does that have to do with it? What they would...
Mr. Olmedlllo: The northerly 50 feet has a reatriotion which seys...
Msyor Suarez: Yes...
Mr. 0lmedillo: .. that the pro art shall limited to uses accea_eory to
1• ion etetione studios —and effi.cag F .cludin: but not limited to,
WNW, PltE/1_415,411TMIT an• over antonn: . That the property whet'
be' used far the p-oor ar t Nations for redevelopment of the
Abutting property, that...
Mayor Suarez: Would not be used for what? What are we lifting that`it says
ln.there:that they cannot•build a certain amount of unit rental apartment for
"- elderly persons?
WM
oar
Mr. 0lmedillo: Well, Once the only uses were to be related to the teievieiou.
etation.a n apartment bu 1 ng, obv ous y s nof-17,rted to a television •
atatton.
Mayor Suarez: An apartment building?
Mr. 0lmedillo: night, that'n correct. It's not related to the television
station.
Mayor Suarez: OK, what ie the fact that they're talking:about'■'hundred 'unit
rental apartment for elderly persons have•to do with it? They want to...
Mr. O'Donnell: Well, excuse...
Mr. Olmedilloe Well, they're p offeripg to you today that that will be the
only use that they will give to the property.
Mayor•Suarete Oh, because they want it's of oing b u
an. apartment building for :my old peregn, it'a going to be: for,elderiy
persona.
Mr. 0lmedilio: Or it could be a commercial use or aomethiig like that..:..yI
you lift the covenant entirely, they are left with a CR zoniag�d_igtric ;:-
Therefore; 'they can use commercial,' they' can .do the reaiden al; theyean''dd.
other things..
Mayor.Suarez, And the covenant prohibited?
Mr, Olmedillo: It Iimited the prperty, the 50 feet, the northerly O Sgey,'
gp y `to .those 'nasal -which. are related to'.the` station, to :the=steievisio'n''
station. • �, ..
Mr. Plummer: The area of concern before wan the antennas. .
Mr. 01.Donnell: But the point is, Mr. Mayor, -could T:respond fQr'a'pedendi:
•
142
4
Meyer !Wares' That's a hall of a covenant.
Mr. O'Donnell; The point is, we were trying to let - We a piocedutel
roblem b cause you must ft t s 50 feet obi/anent before we can Dote lb
with•our pro sea fo what w vent to do with the lii d r o a art F
nd u ng t a bet 0 feet, Because the prate urs for getting approval bf nur
'MT exception oe to the tonlh Board. They're not cap... there don't
- sievea paver to ift the rs tact an over the rear 50 feat ao this fa the
first step. The covenant that we're offering in the meantime is to afford AM
nterita prates on or a , a a s we e
In o e ►fro , 't wet release -It antic -Men We cZma'nfl' end-puE
coaame n it v ch we iwould be able to dq But rimy chi aril?'
restriction now is oq the rear 50 feet. oromerc it is preaent1y allowed from
tfi-it 50 oT otsacban1 all the way forward to N.W. 7th and we are giving up that
com►aerclel or we're o owl to in r to have _a treneition rye identlalo
n we think it's a beater ■olution, ve think it meets a community need and•ve
ilao thlnfc it's a good transition to`the residents in the area ee'opposed to
proposals for commercial or other business uses an that property. And the
Planning Department agrees with our position.
PIM
i�
e AB
Mr. Plummer: Let's hear from the objectors, Hr. Mayor. Can we hear from the
objectors? '
Heyor Suarez: Yes, OK. I'm going to hear from the objectors. Do you have
any kind of an orgenixed format ao we can hear from a limited number•of
people,- please? You have an aeeooiation of neighbore, maybe, or...
•
UNIDENTIFIED SPEAKER& I didn't even hear about it until two days ago.
Mayor Suarez; No,•.no, I'm just wondering procedurally -so wa know than -:go'
ahead, sir. •
Mr. ,Martin Drum Levine: My name as Martin' Drum Levine. I've lived .there
since September of 1945. My parents are.,.
Mayor Suarez: Can you give.ua an addreas, Mr. Levine?
Mr. Levine: 765 H.W. 25th Avenue.
Mayor Suarser Proceed.
Mr:.•Levine; We are aeking that this be denied.
Mayor:Suarei: Go ahead.
Mr. Levine:':. We would request that the thing be not be zoned•far the,hundred'
unit -complex, we,.don'.t; being built there,
Mayor Suarez; Are you satisfied with the existing use of this property..which,
I guess; ie•what - it's like a little a low building with some antenna.
and...
Mr. Levine; It has ono building, it has two buildings. One building has en
antenna• that's not being used. It has one building -that they uae tc build the
stage`platforws which Channel 23 set up wherever.the new station•'iew, The
other•building•.is abandoned -duplex that wae.converted for''. studio which'•'ie
new 1e•4111•broken up, The'-vindows are all:knocked out, it hasn't been used in
years,
'Mayor=•8uarez: Ame neighbor of the area, what would you like to see triers?
Whet would be the ideal thing you would like to see there?
Hr Levine: Residential houses like it .used to be. When Channel 23 bought'
the property. seve.ral': years ago;.. they tore.down two..:.. ,.
Mayor: Susses: OK, lot imaask the staff about that. Supposing that:thig vows,
rezonCd .back: to regular•-residential+houses, to usa,, his°term, what" would .bp; t
propgr zoning that. it would receive?
Mr s.Qitpadilior.' .It'll. be. an R4-1/3 .zoning which ia' .tor,thet i rt,
partieuler;'
■rail,
��N- ,
t e E 8 e y'�'' ,'r ?h'Sr t
^l',- .,.'•'l:ri,.r..7::r-1;4�'y tr•...:�:��k1S"k':'�F:'!+gS�'
•
ti
' Hayor suaivar AdA1?
Ate )1toadillol Orne, three which i■ duplex oohing which 1e What indite.' ':•
Mayor Warn, Oh, oh, you can only go - you oan never do anything like 'r
hundt'id'wilt en that...•
lir. biuedL1161. bight{ you wouldn't be able to do that.
Hayor:Suarest t'bu:wouldn't be. able to do multi family at aIl.
Kr. Oltbadill a: For. that you would have to go through an AG-2 or ari RG-3/6.Or.
7.
'Mayor Suarez' Right. It would be nowhere near that density. OX, thank:you. "
Tom,:Wahead,'ma''Om , or'iir. We're going to limit to two minutes'said
try 'uot•to be repetitive, I'm sure you're going to give all kinds of important
raaiona but.,,
Mr. Alexander Fuses OR, when•ve were trying to form here... •
Mayor 'Sulrez*:•'Give um your name and address,. please.
Mt: Fuse ^OK, my, name is'Alexander ,Fuse and I'm •a reeident o!.•thas■rea.:.
pretty "young and: it'e hard • for hie .to explain what we've- come: up with `becentier`
We 'wereASot•' aware of What :was going on with -our property • the"re 'sited • at':7th`"
Striet• and 25th Avenue.. .and' 26th Abenue... We •were`•jUPt `aware:of it' avcouplai.of„
drys. aga lad ire etartea?looking- nil' around because. the-:reaidente of thew area.
ware• net aware of 'What iiae oLng on end we came up°,with':.c'tonaluaion
Of`)thchwnere•:`of•' the` land'that'e°'eround•'this •'area} and'what 'kgoing:,on ia;:that`;°:
they?re not-'in`campiate 'Agreement of whnt:'iel going on with thethe sanitiO,thiv0010
think the£':'it%'i,•:going'"to devalue their propeitYi Tlyay, you•-knowr,buil043:a-{
residerit3ai `area around the': faetlity and another suggestion? that .T.. Wba 5;k
Haydr Siserazi 'Let me'->aak a. Otieation" about. thee, hy.fiwap tkia-aver eliowe
Chia area? -. •Beesuse of proximity to N.W. •7tki; Stroh, 1far. hhst twhri
oratoricalUse, dr4hat7 :.
l3r«:Olmedillo'rrti:Why was .the...
Mayor:'Suurers Why:::did•:we ever allow: aainsthiag,";,like.ra-:•talavitidri tower's?;
arixenna:::and .atudio theta? . r ! .. u'
Mr. O1medii'1oi When the zoning ahaflga::was.. , A
Hkyor• Suarez I 'eee,'• but I.Fm looking at:the Chart'. there of, CR2/7'zonitiig .'an
it seems. to•go up all of a. sudden. . .•
Kr. Olrnedillo: Right, .this was subject of a change
issued'. bq• Commieaioa... .
g ' c hafgp-,;vhigh' ypa.
• Haybr Sidereal VAS it a,'•friend of •eomabody,. is: tlfat.. `'; .1•.::„r
Mr. Rodriguez, No, it just happens to he •a request' •fa€•zori,iag tb t' C,l.
Connriraion 'approvae ..a few yearn ago. " The land;used. `to bi.: etraf'gh , balare
fort .of, and 'then the request of .aching. change 1no#vded the eras tp xlie;;;;C•¢
and' thl'Coidaiaeioh'ippxoved the.' change in tinning
Nayor>r$G"araas And ''vhet;waa:,the. prior'uae:rprior.to;`it6beinq-,auee
4tud40:4,1
hlr:;oO1 is4#° ic�i^ R y3/3�. duplex, dup1ex•Mop ing,,..;That:p'ae
H}yob? µ xez ;°E Np� the UePi the'not,".the 'zaia i
Jgat•an a pty, .
$rf 40'0 clot "hero ware houses then were house Lens$ a;
o.�t�
for 'Su`a .ij �1.604 . now 1 Kent people tpkw ins L g{`4
i
aeome point, aQ sbody permitted'.thii- rope that; wauld«Qt e
ogre }h s acrapa 'tile taf�c of ,W 7th'.. Street to hie "-So
1
Whole truth... I was here...
•
!hat Which to me, looking at it .right now, hikes no menial you knee. Atd.to
get. 'Way heat that C -2/7 toning that it presently hem, we ought to be careful
to Ise, What. would be the. ideal thing td locate there because Under. theeentag.
they ,have., tliey..cauld do quite' e, few things, couldn't they that we wbu14h!t
partlielarly.like in the.neighborhood4
kr. Oimedtiios Thatee right. That was..,
Mayoruarosse Coaaerciei..,
ilr. almediiior Yes, that was performed in 1984.
Dr. Theedet. Koper Snares✓.
Mayar.$uarer, Dr. Theede.
Dr,' Theeder I'd like to swear myself
Neyor.Suaress So help you God.
in. I swear to tell the 'truth,, the
•
Dr. Theedet So help' me Cad. 1 vas here when all this went en. In..the
ahaiober.i supported it. Originally, the television station wanted to build,a
beautiful' new building, they came before the Commi■sion,.they presented..niae
thing. , People. were in agreement. The realm that they. had, that, *pica ,io._i�se
bask is. that., they. wanted to buffer and they 'went to the peaplethet were`.:in
the'neighborhoad at the time and .said, .*We want to `maintain friendshipwith
you,, we waut.to,give ,you protection. Ws don't vent to brin.=g my nois,s,,tat6.
your, .neighborhood, therefore,: we offer as a peace keeping these ere,tinot
verWetire words=.a:parking. lot there, to. not as a buffer, betveen ouratttiee
and your asighboibvods, And ■s that Stands nmvr - it vaen't WOCN - but Whatever
teiavi(iihii`stition vas there, they hail planned to put in * beautiful. building,.'
and I',don!t think It ever got put there and me he told you, the .duplex thet.So;:
now'deetroyed was part of their engineering equipment room. And `ail Of Jthat
wee. supposed to,, came down and all o4 it • was supposed to be Liebuilt and.:'it,
hadrOt-.baeiidone hied thatWas the purpose of the change in Cooing: :
Mayer Suerees Thank you, Doctor.
Dr. theidei : OK.
Mayor:3iiarers Anyonaelse? Toe', sir, and then,
welt, right,up..the•re.: end,:ye 111 -,,just: go,,aheed, sir
•Nr.,.Sanchexs Joao Sanchez...1 live for ;0,yeern.
. this leiter;', "few ',check :thief nothing. 1Ne no. like
Item. trouble in' this area for future for. And.•
Heyor Suarez; Is it a fairly...
Hr: Sanche2i I'hava many neighbor....
• Mayor Suerezi•;I.et;me just aek a question. la it
arse beck; Cher¢ bhliir>d... ,
!!r,•Olmedilios, It'is
!!spar Sgerezi �E.I thouglit,.iti:tras.,` O}t:
Mr, lea Tuner„.,,`(Asked ;m Spanish to hr Sanchez if }ie prefesrpd"tp epek1;
ma'am.. 0* , ahe.Ad,` : O:OA
this bns'iaeee , in tills. area:.
a Fiirly..`stable, sesidept,41
.�ufK• t.jiere'/ r R C
. llay?rtCre7�.
+'•' 1 avyr rxl •- d, •
��' � Pe �urxor ,r,.�.t�pr�➢!n�A1? �pld �� �4�c�R;x� �R��,�iF�
t ;”e4R6orittid,,t i.�
•
Hr, eendhee, (translated by Mr. nimedilio)r I have lived there for 20 years
in the Aria. 1 h►ve taken care of my property, 1 believe that if a hundred
unit aparttteht building le brought to that, 1 shall have problems eh in hourice
led rli mg. neighbors teal the same way, surprised because ouch s "large
cofolmtnity will be breueht to this area, This to s residential are* and'I hove
paid tones throughout 20 years as a realdentLel area. I understated that this
is not approptlate for that pertieuier place with ouch ► little building. And
ao think i11 my neighbors to whorl I have rpokae in the ►rea. 1 did trot
receive or I was net lent a letter of notice for thee meeting. 1 found cut
through s neighbor end this is all I have to say and 1 am opposed to this
building. Thank you.
Mayor Suarez* Yes, ma'am.
!ire. Bennett' I'n' Hrs. Bennett, 1 live at 1000 H.6f. 25 ekVenee end I've t7eee
there 33 years. The building first un 7th Street was the Church et' 'the
Narorene, it wee nice. Then it wee t;,he Veiders Association and they moved to
LeJeune Road. Met street is no busy 1 can't even get in with nothing there..
There'■ r school oh 26th Avenue' that hen a sign that says,. no left tur►i, and.
do 'you knot how many people turn there and there's not that much traffic pit
there wili.be7 You can't get out of that street. And llth Street le just as
bad. 1 didn't know till Tuesday this was going to happen, I 'almost hide
heart attack that night and I'm ready to have right now. You peopleshould
live there and pee the traffic) These people just looking for their money,
they don't oars, they ought to stay there. He said about the parking, when he
amid about the parking at that building, you can't even get in and out of that
street. Do you think these people r.sare, all of you people that vote for
things should be made to live there a week to see what people heva to go
through! 1 meat, 1 can't believe that they had the nerve to want to put e
hundred people In that place! 1 can't believe it! 1 can't believe I'm here
telling you this thing! This whole thing sucker
(AL'PLAIISB) .
Heyor Suarez' Plaare, please
(APPLA0u11)
Meyer'Suarezr 'Eloaee`, pleeeei please, plearre.
Hee':"Bxurmsarr Sir, whatever you say, you'can
tanbasTirip SPEAKER' You're gci.ne to believe'it.,
Mayor -Suarez' Let the record reflect that she meant that thia'whole thing•
•
etinke. Ali right,'air, very quickly. WO heve a pretty'good !des of`what
your objections are. But go ahead, quickly.
Hr. Guillermo Rosso' My name le Guillermo Hosea: I liver at,'1010 N.S. 23Ch
Avenue.:titian I bought thie house two years 'age, 1 come from New York: 1 .,
bought the ?souse because it's a residential neighborhood and •I don't eee np
big'buildenge around and that's why I bought thle house•, I hava`e gizithat
ea 13 yearn old and if they put a building over here, 100 units, it'.'s goi,ng.ttp,
bee hall around there. Sepecially if there is older people., .Slow are they,
going to 'get to churches? There le only ttso churches around 'there .Ind.'. t)ie.
Catholic Church le on Flsgier and 30th Avenese. eSri; if thoy.dea't drve''like`':
lome people say that they won't be able to drive, hole are they going tt ito .''.
the Catholic Church' That's why I objaot'to this building.. • And Iegot..th.e.`,.
letter 'ejuat' yeeterdey about this meeting end the• ,should have••give aa' this.,.
letter'when they. started doing this project and 'that's ali.1'heve to,gay'ebbuk''
this. 'Thank'you '
•
Neyer'Suare:;s Thank you.
Me: Be'pitet•)
Mayor selerezr
ovary' Sunday'.
usually, don't
tq'e.Catholio
ele
'r.
Let the .rei:erd: , .
top that! '
•
You oen't'Ivan get across the street 'and they Alan
You had enough to say laet,tine: around, Please, ave t.o,ge,
1 have to 'seise a deoiafon''on. attending a Cetholiee.Chuach ,but:;,
make'decieltne in zoning calms based an.wheth_er people cap;ge
'Church, but 1 othervi+e understand your point, .
1G'6
MEM
-e
Mr. Jose Pate Good evening, Hy neme ie Joae pea and I reside at 920 N,N.
25th Avenue foe apprexlmately 19 years, Ae you can sae, Mr. Mayor, this ie
What I would call like a geese roots effort here. The majority of the
residence in the area ere vehemently opposed to zoning that or approving 100
unit apartment building, We Would like to see the area or the existing
Wilding -that &buts directly on N.M. ?th Street if there is any way they tee
either renovate it or keep that as a commercial, but the lots that were bank
in 1984 that ware excuse ma, I'm a little bit nervous...
Meyer Suarez! You're doing well.
Hr. Peek ... back in 1984 the ones that they were proposing to build a
parking lot, t believe that I speak for the majority of the residents, that ve
would like to tee thet area rezoned reeidentiel end regarding the need of the
community, b do agree that there is need for a housing for the elderly but I
don't agree that thie community, my neighborhood, needs such a apartment
building and for the record, I would like to say if there's any way possible
that the City at Miami Public NNrka or, excuse me, Code Bnforeement
Department, if there', such a thing, can take a look et the existing building,
the condition it's in and also the surrounding City parkway, the amount of
trash that's been accumulating there for quite some time. During the
Chrietmas Channel 23 or who ever is the owner of that building has a toy drive
for the underprivileged children which I'm in agreement of. However, they
tend to - a lot of people do go there to pick up the toys and there's been 'e
lot of trash that it never seems to be picked up. But, again, an you can aye,
the majority of the pe'apie are against for a 100 unit apartment. building
there. Thank you.
Mayor Suarez: Thank you for your statement.
Hr. De Yurrea Mr, Mayor, I'm ready to make a motion.
Mayor Suareas Do you want to say anything before the Vice Mayor makes his .
notion?
`0'Donnelle Juet a couple of pointy of olarifieation,' if I could.,. First,
the zoning that's tied to that ,covenant is on the top two lots, that in ttic'.
last' 50. feet, . It ie not the entire area that comes off of — that jute, in.'
th-ere. And that'o what we're addressing tonight, just the last 50 feet! Our;
plan, by• just moving the building one ueay or- the other, :in :fact,
diecuseed it with the Planning Department, would place the same type,
Parking 'and landscape buffering and wall within that 50 .feet. Iia'fact,'.;
another ten feet from that. So that particular use would rerain the.eamo.arid:
would be lbe limited beeauee this would an elderly apartment. Finally, ,Pith,'.
the c`dmmereial — potential commercial uses of the remainder of that:,
ere under' the present toning and also under the pre:sent neighborhood-, plank'I '
think the'traffic impacts asd the adverse impacts on the neighborhoodthat
wauli#•'be much•vorae than what we're proposing. We think that this le ®.,good`
location for a much needed community facility. We think it will be served by.-,
being.' close to 'oonaeercial and -We think that we will adequately -buffer' it. to-
that it's far preferable than any other alternative redevelopment `of the
property. And we Souls urgo yo4 to at least give ue the' opportunity Co
present our plane at public hearing to the Zoning Board to work,vithho'.
community on these plans and perhaps have something that will be u'.tlt,imate1,y
acceptable' to everyone. So tonight I'm just, asking if you Would- Selene-.th®•
seat two lots there,` the last 50 feat no that we can go 'forward, With the;;-.
public hearing on'our zoning application, .'Thank you very ouch.
Meyer, Suarez: Guillermo, just for my a I'm pretty sure how I'm going...to,vote'
'on this ;e.but,`to be'abeolutely sure, where can you -draw on the asap,thare.on:
the overhead where .the entire property is that they would. intend-ta.,build:'
alias -"I 'mean, I know where the 50 feat are but where would they ,intend to •.
build this thing?
Me.''Olniediui'o, The 'property coiaen down to 'about here end it ex0ends. Lisxp''i
'SD.'feet'-thjt ire 'oroeuhatch'ed.
•
Mdyot 3iJarai Soit would Neva
Mt ''01medillo i' "` No:.
..^lfayor Suarez.' In rapt, what ie
reach N:W, :lth? .
a"1
m.•
Mr. O1stedillet Ai I remember, there'n a construction there, that was the old
Church, thera'a a tiro Atary building there.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD,
Mayor IhlArett You know, you're hat really helping your test, to tell you the
troth, because the way that were going right mow, I can tell youl,for myself?,
thera'r.mot a snowball's chance in hell I would vote for this, but I want to
be absolutely aura that the reetona why I'm doing that and, you know, if you
talk out of turn and so on, after We gave you an opportunity to speak and you-•
put some rather lively statements into the record.
Hr. De Turret How many stories are we talking about the construction?
Mr. O'Donnell' The number of stories is 5 stories, 45 feat height limitation.
The adjoining residential district hay a 35 feet height restriction.
Mayor Suarez:, How do you fit 5 stories into 45 feet? doing underground
partly, or something?
Mr. O'Donnell: No, these... would you like to - I can bring Jerry Selman, our.
architect, to explain.,
Mayor Suarez, I don't have any doubt that Gerardo could probably do it, but
that's quite creative, I've seen five etoriea in 45 feet one time but part.of '
the.firet etory,underground, right?
INAUDIBLE COMMENTS NOT ENTERED INTO TKS PUBLIC RECORD.
Mr.•.De.Yurret Mr, Mayor...
Mayor Suarer;, You can do it In 9 feet par story?
i1NIDENTIFIED:SPEAKER' .., eight feet plug six inches of slab, eight eix.-
Mr.,�e,Yurrep .Yes. ..But there's no...
Mayor,Suarezg 1 have a couple of pretty tall brothers that would barely fit',`
Hr. De..Yurrer .Then thorn's no roof.
Mr. OfDonnell' With respect to traffic, seriously,. this isnit•£or 'the'
elderly, it's not family housing, it's not low income family housing,.':tt' ..ip'.
for people over dO years old who'are independent, some Will have'cars; maiiy,:
will have cars. But the traffic generation of this facility. ie- far. lean 'thaii...
a..commercfal uee would be on that. property., •
Hr.. De Yurret Mr. Mayor, _I'd like to make a motion. rlrst of all; I have .
problem with getting into w so far into the residential area with -a
building.-,I.have.a probiem.with that. Secondly, i think it's going to`ba-a
problem with the building as far as the parking is eoncerned.becauss 'even:'
though you're going, to have elderly people there,:,you're going to have a.:ltit
of visitors viaitingj their children, their grand children and ae.on :ands"ac
forth.,. and; where are they going to park because there's not going'to be',.enough;
parking in the area. You're going to start intruding into theneighboehoad','>.`
So, for that reason, I move to deny this petition.
Mayor Su■rere So moved.
. Mrs. Kennedy: Second.,
Mayor_Suerezr. Seconded. Let sae say I'.m.6511ng to vote with the motion
atrangly recommend .that you meet with- them,• with the .ownera,.A# they!:
interee,ted.in.doing aomething.else that would,'be.:acceptpb1e because the a a,
lenow moped, . if I''re not incorrect, for corao'eroial; `sad you ,racy be ,ship to #t
something _Om :they could put there, not a' 100 .unit multi faai.ly elder
residential Facility, but. .riomething.else that would be aooapteble tpf;ytr
neighborhood %.ad..'sight ; conceivably -be. More ccaptable' to &, t owner,
Otherwlio, they're liable to put anything cormergia1 there, r1giit.T: ThyyF;' ,
put....•
11.
Hr. O16ed€11os Yea, air.
Mr. Rodr€guess And realdentiai too.
Mayer Suer/Ott- SO, anyhow, that ditaage, I think, Was done ray ib the beet ekd
*Ora trying to avoid•it being worse for your neighborhood, Ve have a motion
and a second. Ahy further dis0ueaion? Call the roll.
. Thefollowing motion vas Introduced by ComMiaeioner be Yurre, Who moved.
lie adoptions
MOTION NO. 89-301
A ..NOTION TO DENY RELEASE OF THE DECLARATION OF
RESTRICTIVE COVENANT RUNNING WITH THE LAND FOR THE
PROPERTY OWNED 9Y UN1VISiON STATION GROUP, INC. AND
LOCATED AT APPROXIMATELY 7406•742 N.W. 257% AVENUE.
Upon being seconded by Commissioner Kennedy, the motion was palmed and
adopted by the following vote;
AYES' ComMissioner J. L. Plummer, Jr.
Comoieaioner Rosario Kennedy
Comoiisioner Miller Dawkins
.Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOESI
ABSENTS • None.
COMMENTS MADE DURING ROLL CALLS
Mr. Plummers WhaL'e the motion?
Ma. Niraie To deny it, sir.
Mayor Suarez! To deny,
FIr. 1pariguez: berry.
Mri 1'livamars:.' Yea:
. : ;Ns.'.Nirait •Thevote'!a yes,?
(APPLAUSE).
' Mrs. Kannedys We haven't finished roll ra11. Y.
COMMENTS FOLLOWING ROLL CALLS
Mr. O'Donnells. Thank you vary much.
Mayor Susrext Thank you. Thank everybody you want.
(APPLAUSE)
•rl
y 5M
l€,