HomeMy WebLinkAboutSubmittal-Joe Ruiz-Letter of Support and Restrictive CovenantLITTLE HAITI
REVITALIZATION TRUST
September 15, 2025
City of Miami Commission
444 SW 2nd Avenue, 2nd Floor
Miami, FL 33130
Submitted into the public
record for its} l2� _3
on las )a-s . City Clerk
RE: Support for Ordinance to Rezone 184 NE 56 Street (west portion) and 175 NE 55 Street from '°T4-
R" to °°T5-L"
Dear City of Miami Commission,
On behalf of the Little Haiti Revitalization Trust (LHRT), I am writing to express our support for the
ordinance proposing the change of zoning classification for the properties located at 184 N E 56 Street
(western portion) and 175 NE 55 Street, from "T4-R" (Urban General Transect Zone — Restricted) to
°°T5-L" (Urban Center Transect Zone — Limited).
These properties lie within the boundaries of the Little Haiti Revitalization Trust, and this rezoning
represents a thoughtful and appropriate step toward encouraging mixed -use development,
increasing small business opportunities, and enhancing the economic vitality of our neighborhood.
The applicant, 5500 W Little Haiti, LLC, has demonstrated a commitment to aligning this rezoning
effort with the cultural, architectural, and economic vision of the Little Haiti community. As reflected
in the attached Declaration of Restrictive Covenants, the applicant has voluntarily agreed to:
A Restrictive Covenant for a period of 20 years
Honor French Creole design standards that reflect the community's heritage
33% allocation of vending spaces for Haitian -owned businesses
Coordination with LHRT for the identification of Haitian -owned and neighborhood -based
businesses as future tenants
Engage LHRT in future review of applications prior to the submission to the City of Miami
Please accept this letter as official support for this project which aligns with the revitalization
objectives of the Little Haiti community.
Sincerely,
Joann Milord
President/CEO
9 212 NE 596' Terr, Miami, FL 33137
305-960-2964 LHRTemiamigov.com
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Sia mltttd into the public
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on City Cletk
Document prepared by:
Steven J. Wemick, Esq. AICP
Day Pitney LLP
396 Alhambra Circle
North Tower, 14'h Floor
Coral Gables, FL 33134
Return Recorded Copy to:
City of Miami
Office of Zoning, Attn.: Zoning Administrator
444 S.W. 2nd Avenue, 2nd Floor
Miami, FL 33130-1910
Folio Nos: 01-3113-064-0010 and 01-3113-064-0070.
Reserved for Recording
DECLARATION OF RESTRICTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENT that the undersigned, 5500 W Little Haiti, LLC
(the "Owner") hereby makes, declares, and imposes on the land herein described, this Declaration
of Restrictive Covenants ("Declaration"), and the covenants running with the title to the land
contained herein, which shall be binding on the Owner, all heirs, grantees, successors, assigns,
personal representatives, and upon all mortgagees, lessees, and all others presently or in the future
claiming any interest in the Property, as described below.
WHEREAS, 5500 W Little Haiti, LLC is the owner of that certain property located at 184
NE 56 Street and 175 NE 55 Street in the City of Miami, Florida, 33137 (the "Property"), as more
particularly described in Exhibit "A," attached hereto and incorporated herein; and
WHEREAS, Owner's Property is adjacent to properties under common ownership within
the T5-O transect zone along NE 2 Avenue, which is improved with existing commercial structures
with no on -site parking facilities; and
WHEREAS, Owner desires to create a unified retail experience with on -site parking and
micro -retail opportunities to promote small businesses; and
WHEREAS, Owner has filed an application with the City of Miami (the "City") requesting
to change a portion of the Property's zoning classification on the Miami 21 Atlas from T4-R to T5-
0 (PZ-23-16878), (the "Application"); and
WHEREAS, Owner has also filed a companion application to amend a portion of the
Property's future land use designation from Medium Density Multifamily Residential to Restricted
Commercial (PZ-23-16879); and
WHEREAS, onApril 23, 2024, the Planning, Zoning and Appeals Board, following a public
hearing, considered the Application and recommended approval by a vote of 7-0, pursuant to
Resolution No. PZAB-R-24-030; and
184 NE 56 Street (01-3113-064-0010) and 175 NE 55 Street (01-3113-064-0070).
Submitted into the public
record or i,: s) - ,�j
on ZI City Clerk
WHEREAS, pursuant to Article 7, Section 7.1.2.8.g.2 of the City of Miami Zoning Code
("Miami 21 Code"), the City Commission may approve the rezoning of property to a Transect
Zone of lesser Intensity than that applied for where such rezoning would not be detrimental to the
health, safety or welfare of the surrounding Neighborhood; and
WHEREAS, on , 2025, the City Commission, following a public hearing,
approved the Application for amendment to the Miami 21 Atlas to classify the Property as T5-L as
being consistent with the criteria contained in Article 7.1.2.8 of the Miami 21 Code, pursuant to
Ordinance No. , attached hereto and incorporated herein as Exhibit "B";
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Owner hereby voluntarily covenants and agrees as follows:
1. Recitals. The above recitals and findings set forth in the preamble of this Declaration
are true and correct and are hereby adopted by reference and incorporated herein as if fully set
forth in this Section.
2. Declaration of Restriction. Notwithstanding the adoption of the Application and the
subsequent change of zoning classification on the Miami 21 Atlas to T5-L, Owner shall comply
with the following restrictions on the Property:
a. Any permitted improvements on the Property, inclusive of renovation and adaptive
use of existing structures, shall incorporate design elements and architectural
treatments consistent with the Lemon City/Little Haiti French Creole Design
Standards.
b. Owner shall provide a parking facility on the subject Property, with a minimum of
twenty (20) spaces to support indoor/outdoor commercial uses, or as required
pursuant to the Miami 21 Code, whichever is greater.
c. Owner shall dedicate at least thirty-three percent (33%) of kiosks and vending carts
provided on the Property for use by Haitian -owned small businesses and small
businesses operating within the Little Haiti Neighborhood and District 5, with a zip
code of 33127, 33137, 33138, and 33150. Owner shall coordinate with the Little
Haiti Revitalization Trust and District 5 Commissioner's Office to identify eligible
businesses and provide financial assistance for start-up costs and fees associated
with business tax receipt and certificate of use required by City of Miami.
d. Any application filed by Owner with City of Miami for approval pursuant to
Section 8 herein shall be presented in a community meeting and provided to the
Little Haiti Revitalization Trust for its review prior to formal submittal of said
application to City of Miami.
3. Term of Declaration. 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 twenty (20) years after the date of such recordation, unless released in writing as
set forth in Section 5.
184 NE 56 Street (01-3113-064-0010) and 175 NE 55 Street (01-3113-064-0070).
Submitted into the public
record for iie:n. s) �-
on 91 al ZS . City Clerk
4. Covenant Running with the Land. This Declaration, once approved for legal form and
correctness by the City Attorney, and accepted by the City, or their respective designees, and
recorded in in the public records of Miami -Dade County, Florida, shall run with the land and be
binding upon the heirs, grantees, successors, assigns, personal representatives, and upon all
owners, future owners, mortgagees, lessees and others presently, or in the future, having any
interest in the Property.
5. Inspection and Enforcement. It is understood and agreed that any officer or employee of
the City shall have the authority, during normal business hours, to enter the Property to investigate
its use and determine whether the conditions of this Declaration are being complied with.
Enforcement of this Declaration shall be by action against the parties to this Declaration or the
persons violating, or attempting to violate, any covenants in this Declaration, including the then
Owner(s) at the time the violation(s) is committed. 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, titled Code Enforcement.
6. Severability. Invalidation of any of these covenants by judgment of a court shall not
affect any of the other provisions of this Declaration, which shall remain in full force and effect.
7. Counterparts/Electronic Signature. This Declaration maybe 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.
8. Amendments, Modifications, Releases. This Declaration may be modified, amended, or
released in writing by the then owner(s) of the Property, upon a determination that the Declaration
is no longer necessary to preserve and protect the Property for the purposes herein intended and
that the modification, amendment, or release will not result in a violation of the Code of the City,
as amended (the "City Code"), the Miami 21 Zoning Code, or the Florida Building Code, subject
to the approval of the City Attorney as to legal form and correctness. Any amendment, modification
or release of the Declaration shall be subject to approval by City Commission at a public hearing.
9. No Vested Rights. Nothing in this Declaration shall be construed to create any vested
rights whatsoever to the Owner, its successors, or assigns.
10. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election
of remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges as may be available to it.
11. Recordation. This Declaration will be e-recorded by the City, at the Owner's expense,
in the public records of Miami -Dade County, Florida within thirty (30) days of acceptance by the
City.
[Signature Page(s) to Follow]
3
Submitted into the public
record for
on al (ZS i ZS . City Clerk
184 NE 56 Street (01-3113-064-0010) and 175 NE 55 Street (01-3113-064-0070).
In witness whereof the undersigned has caused his hand and seal to be affixed hereto on
this day of 2025.
WITNESSES:
Print Name:
Print Name:
5500 W Little Haiti, LLC,
a Florida Limited Liability Company
By: Midgard Little Haiti Holdings, LLC, a
Florida limited liability company
Its: Manager
By: Gateway Little Haiti Holdings,
Inc., a Florida corporation
Its: Manager
By.
Name: James E. Goldstein
Its: President
The foregoing instrument was acknowledged before me by means of physical
presence OR online notarization, this day of , 2025, by James E.
Goldstein, as President of Gateway Little Haiti Holdings, Inc., a Florida corporation, as Manager
of Midgard Little Haiti Holdings, LLC, a Florida limited liability company, as Manager of 5500
W Little Haiti, LLC, a Florida limited liability company, who is personally known to me, or who
has produced identification.
Type of Identification Produced
NOTARY PUBLIC
Print Name:
Notary Public, State of:
Commission No.:
My Commission Expires:
184 NE 56 Street (01-3113-064-0010) and 175 NE 55 Street (01-3113-064-0070).
CITY OF MIAMI:
APPROVED:
TAMARA ALLEN FROST, MPA, AICP
Zoning Administrator
DAVID SNOW
Director, Department of Planning
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
GEORGE WYSONG, ESQ.
City Attorney
Submitted into the public
recur({ for i:,^s1
on I ZJ') 2 S __ 1. City Cleric