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HomeMy WebLinkAboutExhibit BThis instrument prepared by, and after recording return to: Name: Simon Ferro, Esq. Address: 2525 Ponce de Leon Blvd. Suite 1235 Coral Gables, FL 33134 (Space reserved for Clerk of Court) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of , 2020, by a having offices at (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 4214 S.W. 3rd Street, Miami, FL, identified as Folio No. 01-4105-029-0260 and legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner holds fee simple title to certain property in the City of Miami, Florida, located at 4200 S.W. 3rd Street, Miami, FL, identified as Folio No. 01-4105-029-0270 and legally described in Exhibit "B" attached hereto and made a part hereof (the "Adjacent Property"); and 1 Property address: 4214 S.W. 3rd Street, Miami FL Property Folio No. 01-4105-029-0260 WHEREAS, the Property is zoned T3-R in the City of Miami Zoning Map and has a land use designation of Single Family Residential ("SFR"); and WHEREAS, the Adjacent Property is zoned T6-8-O in the City of Miami Zoning Map and has a land use designation of Restricted Commercial ("RC"); and WHEREAS, it is the intent of Owner to develop the Property and the Adjacent Property under one integrated plan of development with a single building spanning the boundary line between the Property and the Adjacent Property ("Integrated Development"); and WHEREAS, Owner has submitted an application to the City of Miami requesting a rezoning of the Property from T3-R to T4-L together with a change in the land use designation of the Property from Single Family Residential ("SFR") to Restricted Commercial ("RC); and WHEREAS, in the event the Property is rezoned to T4-L and its land use designation is changed to RC, or Medium Density Restricted Commercial ("MDRC"), the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions which shall apply to the Property upon the rezoning of the subject Property. NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, 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: 2 Property address: 4214 S.W. 3rd Street, Miami FL Property Folio No. 01-4105-029-0260 1. Recitals. 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. 2. Effect of Declaration. The Declaration shall only encumber the Property. 3. Integrated Development. In the event the Property is zoned T4-L and the land use designation is changed to RC or MDRC, the Property may be developed as the Integrated Development, either for lodging, residential or any other use permitted by the City of Miami Zoning and land use regulations, and the following conditions, restrictions and criteria shall apply:: a) The Property may be used for pedestrian ingress and egress to the Integrated Development, and may contain parking spaces screened from public view, as well as a parking ramp leading to second and third floor parking area only if, and as permitted, pursuant to the City Code, as amended, and City Zoning Ordinance, as amended, and in accordance with all applicable requirements. b) The Integrated Development may include a single building structure spanning the boundary line between the Property and the Adjacent Property, to create a single unified building structure only if, and as permitted, pursuant to the City Code, as amended, and City Zoning Ordinance, as amended, and in accordance with all applicable requirements. c) No portion of a building on the Property shall be located closer than 14 feet to the west boundary line of the Property ("West Landscape Buffer Area) No parking shall be permitted within the West Landscape Buffer Area, which shall be used exclusively as open 3 Property address: 4214 S.W. 3r'd Street, Miami FL Property Folio No. 01-4105-029-0260 space and landscaping.. No portion of a building on the Property shall be located closer than 10 feet to the north boundary line (fronting on S.W. 3rd Street) or closer than 5 feet to the south boundary line of the Property. The setback between the Property and the Adjacent Property to the east shall be 0'.00". d) The maximum lot coverage on the Property shall be 3,580 SF (58%). e) Maximum number of stories of any structure located on the Property shall be three stories and maximum height shall be 40 feet. f) Not more than ten (10) lodging units or more than five residential units shall be permitted on the Property. g) There shall be no vehicular ingress and egress from S.W. 3rd Street to the Integrated Development, However, a loading/delivery area and trash pickup may located on S, W. 3rd Street. Deliveries shall be limited to the hours between 7 a.m. and 4 p.m., Monday to Friday. h) The West Landscape Buffer Area shall contain no less than 3 live oak trees 14' to 16' in height and 4 silver buttonwood trees 10' to 12' in height, or any other combination of similar trees approved by the City. The Property and the Adjacent Property shall be landscaped in substantial accordance to that certain plan by Mariano Corral Landscape Architect, P.A. ("Landscape Plan") attached hereto as Exhibit C. The Landscape Plan may be revised or adjusted to accommodate final approved and permitted architectural drawings for any building on the Property or the Adjacent Property. 4 Property address: 4214 S.W. 3' Street, Miami FL Property Folio No. 01-4105-029-0260 i) Nothing herein contained in this Section or in this Declaration shall prohibit Owner from requesting and obtaining relief from any section of the City of Miami zoning and land use code or code of ordinances, including, by way of illustration and not limitation, rezonings, land use amendments, warrants, waivers, exceptions, variances, determinations, and interpretations. 4. Public Benefits. The Owner hereby proffers the following public benefits, subject to the conditions precedent in Section 5 of this Declaration, in connection with the rezoning. (a) Job Creation and Employment Opportunities. Priority hiring shall be given to those individuals residing near the project area and surrounding neighborhoods in the following priority: (i) 1st Priority: Those residing in the following ZIP codes in the City: 33134, 33126, 33135 and 33145 (ii) 2nd Priority: Those residing in all other areas of the City and County. (b) Street Trees. Owner will contribute Sixteen Thousand Dollars ($16,000.00) to the City's Tree Trust Fund for the express purpose to cover the cost associated with planting eight trees along SW 3rd Street between SW 43rd Avenue and SW 42nd Avenue as part of the Integrated Development. Any remaining funds from this contribution shall be expended in accordance with Section 62-302 of the City Code. (c) Public Art. Owner agrees to incorporate a public art component as part of Integrated Development. Said public art shall be reviewed and approved by the Planning Director or designee. 5 Property address: 4214 S.W. 3' Street, Miami FL Property Folio No. 01-4105-029-0260 (d) Arts Funding. The Owner further agrees to contribute Two Thousand Five Hundred Dollars ($2,500.00) to the City's Public Art Fund for the express purpose to support the visual and performing arts programing at Kinloch Park Elementary in accordance with Section 62-661 of the City Code. (e) Traffic Calming. Prior to the issuance of the certificate of occupancy for any building within the Integrated Development Owner shall contribute the amount of $20,000.00 to the City, to be used exclusively in the construction or installation of traffic calming devices between S.W. 42nd Avenue and S.W. 44th Avenue, and between S.W. 2nd Street and S.W. 5th Street. (f) Restricted Residential Parking Permit Program. Owner shall participate and support efforts of the residents of the neighborhood adjacent to, or surrounding, the Property to establish a Restricted Residential Parking Permit Program in the area, All public benefits, pursuant to this Section, with the exception of those listed in subparagraph (a) and (c) shall be completed and fulfilled within 90 days of the expiration of all applicable appeal periods for the rezoning of the subject Property. 5. Conditions Precedent. This Declaration shall become final and shall be recorded in the Public Records of Miami -Dade County, Florida upon expiration of all applicable appeal periods after the re -zoning of the Property. 6 Property address: 4214 S.W. 3r'd Street, Miami FL Property Folio No. 01-4105-029-0260 6. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its 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. 7. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, 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 periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 8. 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 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, to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 9. Amendment, Modification and Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after occurrence a public 7 Property address: 4214 S.W. 3r'd Street, Miami FL Property Folio No. 01-4105-029-0260 hearing before the Planning Zoning and Appeals Board ("PZAB") and approval by the City Commission. Any amendment, modification or release approved by the City Commission shall be executed by the Planning Director and the Zoning Administrator, or their successor, or designee, and be in a form acceptable to the City Attorney. 10. 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. 11. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 12. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City and subject to Section 5, Conditions Precedent, herein. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 13. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors and assigns. 8 Property address: 4214 S.W. 3r'd Street, Miami FL Property Folio No. 01-4105-029-0260 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of , 201 Witnessed by: Name of Owner By: Name: Name and Title Name: STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me by means of [ 1 physical presence or r ] online notarization this day of , 2021 by , of , who personally appeared before me, is personally known to me or produced as identification. Name: Notary Public, State of Florida Commission No. My commission expires: 9 Property address: 4214 S.W. 3rd Street, Miami FL Property Folio No. 01-4105-029-0260 APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney APPROVED AS TO CONTENTS: Francisco Garcia, Director Planning Department Joseph A. Ruiz Zoning Administrator 10 Property address: 4214 S.W. 3rd Street, Miami FL Property Folio No. 01-4105-029-0260 Exhibit "A" Lot 4R, Block 3, of the "Revised Plat of Portions of Blocks, 1, 2, & 3 of West Flagler Center, Le Jeune Addition, accordingly to the Plat thereof, as recorded in Plat Book 41, Page 11 of the Public Records of Miami -Dade County, Florida. Folio No. 01-4105-029-0260 10 Property address: 4214 S.W. 3' Street, Miami FL Property Folio No. 01-4105-029-0260 Exhibit "B" LEGAL DESCRIPTION OF ADJACENT PROPERTY 4200 S.W. 3rd Street, Miami, FL 33134 Folio No. 01-4105-029-0270 LOTS 5R and 6R, BLOCK 3 of REVISED PLAT of Portions of Blocks 1,2 & 3 of WEST FLAGER CENTER , Le Jeune Addition according to the plat thereof, recorded in Official Records Book 41, Page 11, of the Public Records of Miami -Dade County, Florida 11 Property address: 4214 S.W. 3rd Street, Miami FL Property Folio No. 01-4105-029-0260 SHIAIOI-I DNI[ISIX3 EXISTING BLACK OLIVE TREE TO REMAIN LARGE SHADE SIZE TREES SMALL SIZE TREES FLOWERING TREES Conceptual Landscape Site E: 3132"aPl=1"n0 SW 42ND AVE SHADE TREES'. HEIGHT'. 14'-1 B' OA, 6'-B' SPREAD, 3"-4" CALIPER ill(BS) GUMBO LIMBO (CS) GREEN BUTTONWOOD (LY) WILD TAMARIND TREE (SG) PARADISE TREE (CH) SATIN LEAF (QV) LIVE OAK TREE • MEDIUM TO SMALL SIZE TREES AND FLOWERING'. HEIGHT'. 10' OA, 4'-6' SPREAD, 2" CALIPER MEDIUM SIZE TREES: (CA) CALLOPHYLLUM- BEAUTY LEAF (CP) BRIDALVEIL TREE (CO) PIGEON PLUM (I 0) EAST PATLATKA HOLLY TREE (KF) BLACK IRONWOOD TREE (I C) DAH OON HOLLY TREE FLOWERING TREES: (BF) BULNESIA- VERAWOOD TREE -YELLOW (CB) PINK CASSIA TREE PINK (CO) ORANGE GEIGER TREE -ORANGE (L I) CRAPE MYRTLE - WHITE, PURPLE OR RED (TP) PINK TRUMPET TREE - PINK SMALL TREES: • (BO) BOUGAIVILLEA TREE FORM (LL) LIGUSTRUM TREE ( MF) SIMPSON STOPPER (YY) YLANGYLANG TREE OR CANANGA TREE (CJ) JAMIANCAN CAPER TREE FORM 16, PALM TREES'. 10'- 20' OVERALL HEIGHT ALEXANDER PALM TREE SABAL PALMETTO -NATIVE ll, SYLVESTER DATE PALM Io Isom, (BLU)BLUE IRIS (CHR)- COCOPLUM (FAK) FAKAHATCHEE GRASS (FIC) GREEN ISLAND FICUS (HAM) DWARF FIRE BUSH (HYM) HYMENOCALLISSPIDER LILLY (IXO) IXORA NORA GRANT (JAS) WAX JASMINE (JUN)PARSONS JUNIPER (POD) PODOCARPUS - JAPANESE YEW HEDGE (PSY) WILD COFFEE HEDGE (SGC) DWARF SCHEFLERA CAPELLA All renderings, color schemes, floor plans, maps and displays are artists' conceptions and are not intended to be an actual depiction of the home or its surroundings. Actual position of home on lot will be determined by the site plan and plot plan. Proposed Development a IRAS DEVELOPMENT EXHIBIT C MARIANO CORRAL LANDSCAPE ARCHITECT, P.A. LANDSCAPE ARCHITECTURE, GOLF COURSE ARCHITECTURE, LAND PLANNERS & RESORT PLANNERS 3001 SW 109 COURT, MIAMI, FLORIDA 33165 OFFICE: (305) 551-1262 EMAIL: marianocorral(d,comcastnet DATE: 10-06-20 LP-1