HomeMy WebLinkAboutExhibit B Second ReadingThis instrument was prepared by and
after recordation return to :
Name: Jorge L. Navarro, Esq.
Address: Greenberg Traurig
333 SE 2"d Avenue, 2"d Floor
Miami, FL 33131
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") is made this day of
2017, by SOUTHEASTERN INVESTMENT GROUP CORPORATION
(hereinafter the "Owner"), a Florida limited liability company, its successors and/or assigns, in
favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida
(hereinafter the "CITY").
RECITALS
WHEREAS, the Owner owns the parcels of land fee simple located at 2900 S. Miami
Ave and 2890, 2900, 2920, 2940 & 2960 S. Federal Highway in Miami, Florida, as more
particularly described in EXHIBIT A attached hereto (the "Property"); and
WHEREAS, the Owner filed applications for a: (a) Comprehensive Plan amendment to
re -designate the Property from "Single Family Residential" to "Duplex Residential" on the
City's Future Land Use Map (FLUM); and (2) Rezoning of the Property from T3-R/NCD-3 to
the T3-O/NCD-3 Transect Zone on the City's Zoning Atlas, in order to permit the development
of a residential project on the Property (collectively the "Application"); and
WHEREAS, the Owner seeks to submit a recordable agreement guaranteeing the
development of the Property in substantial conformance with the voluntarily self-imposed
restrictions as described hereon.
NOW, THEREFORE, for valuable consideration, the Owner voluntarily covenants and
agrees that the Property shall be subject to the following restrictions that are intended and shall
be deemed to be a covenant running with the land and binding upon the Owner of the Property,
and its heirs, grantees, successors and assigns as follows:
Section 1. The recitals set forth above are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The Owner hereby makes the following voluntary declarations running with
the land concerning the Property:
A. Site Plan. Contingent upon approval through the zoning and building permit
process, the use of the Property shall be established and maintained in substantial
conformity with that certain site plan entitled "South Federal Hwy. Parcel," as
prepared by Borges Architects + Associates dated July 20, 2017 (the "Site Plan")
Southern Investments Group, Inc.
Declaration of Restrictive Covenants
attached hereto as EXHIBIT B, with such modifications to the Site Plan that are
determined by the City to comply with Section 7.1.3.5 of Miami 21. The Site
Plan sets forth that the total number of residential units shall not exceed the 17
residential units proposed for the Property as depicted in the Exhibits of this
Declaration. The Owner acknowledges that the future development of the
Property shall require detailed site plan approvals by the City which will
determine, among other things, the exact location, distribution, and orientation of
the residential units to be located on the Property, as well as, other requirements
for compliance with all applicable departments/agencies/overlays as part of the
City of Miami building permit submittal process including but not limited to: EP-
46 (Environmental Preservation 46) designation, Transportation Scenic Corridor
designation, Environmental Resources, Historic Preservation Section, Land Use,
Zoning, Building, Fire and Public Works. Owner will submitted detailed plans
consistent with this Declaration to the City and seek approval of said plans
through the ordinary municipal procedures.
B. Permitted Uses. The uses on the Property shall be limited to residential uses.
Notwithstanding the rezoning of the Property to the T3-O Transect Zone, the
following uses shall not be permitted: commercial uses, lodging and/or
educational uses as defined in Section 1.1 and Article 4, Table 3 of the Miami 21
Zoning Code.
C. Residential Density. Notwithstanding the rezoning of the Property to the T3-O
Transect Zone, the maximum number of dwelling units permitted on the Property
shall be seventeen (17) units.
D. Single Family Residence. Notwithstanding the rezoning of the Property to T3-O,
the development of the Property shall include a minimum 5,000 square foot lot at
the intersection of US-1 and SW 30th Road (comprising of a portion of the Lot
identified by Folio No.: 01-4139-001-17404140-007-0010) which shall be
reserved for the use, design and development of a single family residence as
reflected in the Site Plan (the "Single Family Lot"). In no event shall said Single
Family Lot be constructed with any non T3-R permitted structure.
E. Setbacks. Notwithstanding anything to the contrary, the residential units that abut
the rear yard of the existing single family home located on Lot 13 according to the
plat recorded in Plat Book 42, Page 73, of the Public Records of Miami -Dade
County, Florida (identified by Folio No. 01-4139-003-0030) shall be constructed
with a minimum rear setback of 25 feet as reflected in the Site Plan.
F. Access. The two-family residences proposed for the Property shall be served by
rear vehicular access, subject to the approval of said access driveway by all
applicable government agencies and departments. Vehicular access along SW
30th Road shall be limited to a single curb cut with ingress only. Notwithstanding
the foregoing, the Property may also have curb cuts to permit vehicular ingress
and egress along both the US-1 and South Miami frontages. However, the ingress
and egress along South Miami Avenue shall be limited to right -turn -in and right-
Southern Investments Group, Inc.
Declaration of Restrictive Covenants
turn -out only. Additionally, in no event shall a curb cut or access be permitted
along the US-1 frontage within 200 feet of SW 30`h Road.
G. Landscape Buffers. The Owner agrees to provide an opaque landscape buffer
along the rear (South) property line to further screen the residential units on the
Property from the view of the abutting residences (the "Landscape Buffer").
Specifically, Owner shall install a 12 foot hedge along the Southern boundary of
the Property pursuant to Miami 21. Additionally, Owner shall install, at Owner's
sole cost and expense, an aluminum post fence along the southern boundary of the
Property at a height pursuant to Miami 21; provided however not to exceed eight
(8) feet in height. The hedge and aluminum fence described herein shall be
maintained in good condition by the Homeowner's Association or other entity
created for the governance of the Property.
H. Architectural Style. The architecture of the proposed residential units at the
Property will include warm facade materials such as hard woods, stone veneers
and specialty metals of quality. Overall building envelope will be finished with
smooth stucco and a palette of at least 4 color options will be provided to the
future owners of the residential units at the Property to guide the coloration of
facades and limit the variations in color to a palette of whites, soft beige and other
warm tones. Mechanical equipment shall be installed on roof tops and screened.
Section 3. Effective Date and Term. The provisions of this Declaration shall
become effective upon their recordation in the Public Records of Miami -Dade County, Florida,
and shall continue in effect for a period of thirty (30) years after the date of such recordation,
after which time they shall be extended automatically for successive periods of ten (10) years
unless released in writing pursuant to and as described in this Declaration. This instrument shall
constitute a covenant running with the land and title to the Property, which shall be binding upon
Owners, their heirs, vendees, grantees, successors and assigns.
Section 4. Amendments, Modifications, and Releases. This Restrictive Covenant
may not be amended, modified, or released unless said amendment, modification, or release is by
a written instrument executed by (i) the then Owners of the fee -simple title to the Property to be
affected by such amendment, modification, or release and (ii) the Director of Planning and
Zoning and has been approved by the Miami City Commission with the notice and procedural
requirements for advertisements and public hearings in effect under the City Code at such time.
All costs shall be at the sole expense of the Owner. Any amendment, modification, or release
shall be subject to the approval of the City Attorney as to legal form and the Planning Zoning
and Appeals Board recommendation.
Section 5. This instrument shall constitute a covenant running with the title to the
Property and be binding upon Owner(s), its heirs, vendees, grantees, successors, and assigns
upon recordation in the Public Records of Miami -Dade County, Florida. These restrictions shall
be for the benefit of, and a limitation upon, all present and future owners of the Property and for
the public welfare.
Southern Investments Group, Inc.
Declaration of Restrictive Covenants
Section 6. 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 of
the City of Miami's inspector to enter upon the Property for the purpose of investigating the use
of the 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
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, or the then Owners at the time the violation is committed, either
to restrain violations or to recover damages This enforcement provision shall be in addition to
any other remedies available at law, in equity, or both. The violations may also be enforced by
City Code, Chapter 2, Article X, entitled Code Enforcement. Each Party shall bear their own
attorney's fees and costs.
Section 7. Permitting. Within ten (10) months of Owner obtaining final approval of
the Application and the expiration of all applicable appeal periods, Owner shall submit
applications to the City of Miami for any Waivers, Warrants, or Historic Environmental
Preservation Section approvals necessary for development of the Property in accordance with
this Declaration (the "Initial Development Approvals"). Within six (6) months of obtaining
final approval of the Initial Development Approvals and the expiration of all applicable appeal
periods, Owner shall submit an application for building permit with the City of Miami for
development of the Property in accordance with this Declaration. Furthermore, upon issuance of
the building permits for the development of the Property, the Owner shall diligently pursue the
work to completion. Additionally, Owner shall use commercially reasonable efforts to pursue
the Initial Development Approvals and building permits for the Property. If such applications
for Initial Development Approvals and building permits are not submitted within the time
periods provided in this Section, then the Owner agrees that the City shall revert the FLUM to
"Single Family Residential" and rezone the Property to the T3-R/NCD-3 Transect Zone on the
City's Zoning Atlas.
Section 8. Force Majeure. Should Owner be prevented from performing any
obligations herein (including complying with the ten (10) and six (6) month periods described in
Section 7 herein) due to or resulting from a "Force Majeure" as defined in this Section, Owner
shall be excused from performance (including complying with the ten (10) and six (6) month
periods described in Section 7 herein) for a period equal to the period of the delay occasioned by
any Force Majeure. As used herein, "Force Majeure" shall mean an act of God which includes
but is not limited to sudden, unexpected or extraordinary forces of nature such as floods,
washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other
forces of nature, strikes, lockouts, other industrial disturbances, wars, acts of public enemies,
riots, military action, civil manufacturing and delivery delays and other causes reasonably
beyond the control of the Owner, whether or not specifically enumerated herein.
Section 8. Severability. Invalidation of any one of the covenants in this Declaration by
judgment of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full force and effect.
Section 9. Recording. This Declaration shall be recorded in the Public Records of
Miami -Dade County by the Owner and at the Owners' expense within ten (10) days of its
Southern Investments Group, Inc.
Declaration of Restrictive Covenants
acceptance by the City of Miami. The Owner shall promptly furnish a recorded copy of this
Declaration to the City of Miami within thirty (30) days of recording.
Witnesses: SOUTHEASTERN INVESTMENT
GROUP CORPORATION
By:
Name:
Signature
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Title:
The foregoing instrument was acknowledged before me by as
President of Southeastern Investment Group Corporation, a Florida
corporation. He is ❑ personally known to me or ❑ has produced as
identification.
Witness my signature and official seal this _ day of 2017, in the County and
State aforesaid.
Notary Public State of _
My Commission Expires: Print Name
CITY:
APPROVED:
Francisco Garcia, Director
Planning and Zoning Department
APPROVED AS TO LEGAL FORM
AND CORRECTNESS:
Victoria Mendez
City Attorney
EXHIBIT "A"
SIG PROPERTY LEGAL DESCRIPTION
PROPERTY ADDRESS #1:
2960 SOUTH FEDERAL HIGHWAY, MIAMI, FL, 33129-3732
LEGAL DESCRIPTION:
LOT 1, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #2:
2940 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
LEGAL DESCRIPTION:
LOT 2, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #3:
2920 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
LEGAL DESCRIPTION:
LOT 3, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT HOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #4:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL, 33129-3732
LEGAL DESCRIPTION:
LOT 4, OF EKMAT SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 69, PAGE 87, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
PROPERTY ADDRESS #5:
2890 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
FOLIO: 01- 4139-003-0070
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO WIT: FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE
RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY LINE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE
73, OF THE F'UBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
PROPERTY ADDRESS #6:
2900 SOUTH FEDERAL HIGHWAY, MIAMI, FL. 33129-3732
FOLIO: 01- 4139-003-006 0
LEGAL DESCRIPTION:
LOT 20, LESS THE NORTHEASTERLY 5 FEET THEREOF, ALL OF LOT 21, AND
THE FOLLOWING DESCRIBED PORTION OF LOT 22, TO WIT: FOR A POINT OF
BEGINNING, COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 22; THENCE
RUN WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 22 A DISTANCE
OF 5 FEET; THENCE RUN SOUTHERLY AND PARALLEL TO THE EASTERLY LINE
OF SAID LOT 22 TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE
OF LOT 22; THENCE RUN EASTERLY ALONG THE SOUTHERLY LINE OF SAID
LOT 22 TO THE SOUTHEASTERLY CORNER OF SAID LOT 22 TO THE POINT OF
BEGINNING, OF RESUBDIVISION OF BLOCKS 61 AND 62 OF FLAGLER,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, PAGE
73, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PROPERTY
IS VACANT LAND, ADJACENT TO VACANT LAND AND NOT HOMESTEAD
PROPERTY OF GRANTOR.
EXHIBIT B
MIAMI 21_ZONING REQUIREMENTS
PROPOSED
Zonlno
T5-0
LO: Area Is6t) .
59,6i"a ]
130 acres
r, swidth f tj:
50 minimum
Density 118 units/acre)
23 units
17 units
Lot Coverage (soft): 50% maximum
28,318 soft
21,221 soft
Green/Open Space (soft): 25%minimum
14,159 soft
20,554 soft
Moor Lot Ratio
N/A
45.012 soft
Max. Height:
2 stories
2 stories
Residential Parking (2 per unit)
34 parking spaces
34 spaces
UNIT MIX -73-O
MODEL] TYPE
A/C AREA
GARAGE
UNIT AREA
UNIT QTY.
TOTAL
A
SF
4.000
400
4,400
1
4,400
B
DUPLEX
1,900
400
2.300
10
23.000
C
DUPLEX
1,836
400
2,236
2
4,472
D
DUPLEX
2,080
4013
2,480
2
4.960
E
DUPLEX
2,440
400
2.840
1
7,840
F
DUPLEX
4,940
400
5,340
1
5.340
TOTAL
17
45,012
AVERAGE UNITS]ZF
2.647.78 sqft
PRIMARY FRONTAGE
SOUTH FEDERAL HIGHWAY
24' ASPHALT PAVEMENT (EAST SOUND)
LOT-1 LOT-2 LOT, LOTS LOT, LOT-7
(,0 (T3-0) (TPLE (T30) (Ta-0( (T30) DUPLEX
SINGLE FAMILY DUPLEX DUPLE% DUPLE% DUPLE% DUPLEX DUPLEX
LOT 5027 SF(012 ACRE) LOT AREA:5,000 SF(12 ACRE) LOT AREA: 5,00 SF(.12 ACRE) LOT
ASF(-12 AGRE) LOT APE, & WO SF ( 12 ACRE) LOTAREE 5,000
SF(,12 ACRE) LOT ARE450. SF(-12 ACRE)
DENSITY: 2.02 DU DENSITY: 2.02 DU DENSITY: 207 DU DENSITY, 07 DU T' DENS: 202 OU/AC DENSITY: 207 DU DENSITY:202 DU
FLR4a005F FLR: 4. ER: FLR: : 2.4 SF FLR: 4. FLR: 4 600 SF FL0,2225F
LOT COVERAGE:2 333 SF (46.6%) LOT COVERAGE: 2480 SF 149.E%)LOT COVERAGE 2 GB0 SF(49,6%)LOT COVERAGE:2a6o SF 61,6%) LOT COVERAGE: 2.460 SF (49.6%)LOT COVERAGE 2..0 SF (49,6%) LOT COVERAGE: 2236 SF(,3%1
SOUTH FEDERAL HWY.
PARCEL
ZONING CONCEPT
2960 SOUTH FEDERAL HIGHWAY. MIAMI. FL
2 0fY..N• 04-R117
LOT
LOT SIZE{$F) '
FLR AREA (5F)
1
5027
4.400
2
5,000.
4.600
3
5.000
4,600
4
5,000
4.600
5
54000
4,600
6
5,000
4.600
7
5.044
4,472
8
6,391
4,960
9
13,579
&]SD
TOTAL
55,040
45,012
LOT,
(T7-0)
DUPLEX
LOT AREA. 0 391 SF (0.15 ACRE)
DENSITY: 2 65 DU
FLE LOT COVERAGE: 2,080F SF (41%)
69
66.-92'9tia;,,.
v
61M
SETSACKS{T3.0)
REQUIRED I PROPOSED
sront5etback
20 ft 118ft 110% waiver)
27tt{LOT5 1-61
Rear Setback
20ft
224 ft(LOT 7]
20 ft 4DT53.91
Site Sethscks:
10% of lot width
10% of lot width
LCPTE
DUPLEX
(T10)
LOT ARDENSIT13 : 51 (DU ACRE)
DENSITY:561 0U
LR 6
LOT COVERAGE�a 0905E (311%)
SITE DIAGRAM
SCALE n.t.s.
14.3
xe 40 P7
RcL
/5.
SFG0
08-22-2017
borge!tes