HomeMy WebLinkAboutAnalysis & PZAB ResoAPPLICANT: Cushman School Inc.
PROJECT ADDRESS: 592 NE 60th Street
NET OFFICE: Upper Eastside
COMMISSION DISTRICT: District 5
A. GENERAL INFORMATION:
FILE ID: 16-00792cm
ZIP: 33130
HEARING DATE: 6/23/16
ITEM:
REQUEST: The Applicant is requesting a Special Appearance before the Miami City Commission to amend
the declaration of restrictions recorded in 1991 in relation to a rezoning application for a portion of the
Cushman School property. Specifically but not limited to amending the student enrollmentcap and the number
of minority scholarships. See Exhibit B entitled "1991 Cushman School Declaration of Restrictive Covenant".
The subject property is located within the MiMo Historic District and the Upper Eastside NET area. The
triangular parcel is approximately 39,000 sq. ft. and is generally bounded by NE 60th Street to the North,
Biscayne Blvd., to the East and NE 5th Street to the West. (A complete legal description is on file with the
Hearing Boards Section).
FOLIO: 01-3218-034-0010
B. BACKGROUND:
Established in 1924 the Cushman School is one of Miami -Dade County's oldest and continuously operating
non -denominational private school serving preschool to eighth grade.
On September 17, 1990 the City of Miami Zoning Board pursuant to Resolution No. ZB 77-90 recommended
approval of the Applicant's (Cushman School Inc.) request for a change of zoning from Office (0) to
Government and Institutional (GI) to the Miami City Commission.
On November 8, 1990 the Miami City Commission pursuant to Ordinance No. 10851 attached hereto as
Exhibit C entitled "Change of Zoning Ordinance Cushman School" which approved the Applicant's request for
a change of zoning from Office (0) to Government and Institutional (GI), to allow for the continual operation
of the School.
On June 3, 1991 the Applicant entered into Declaration of Restrictive Covenant in favor of the City of Miami
subject to the rezoning of the property from Office (0) to Government and Institutional (GI) thus ensuring that
the Property be developed in accordance with the provisions of the Declaration, Specifically but not limited to
volunteering a maximum of 300 paying students, 10 full scholarships to minorities, limiting night time events
and a performance bond. See Exhibit B entitled "1991 Cushman School Declaration of Restrictive Covenant".
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City of Miami
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Land Development Section
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APPLICANT: Cushman School Inc.
PROJECT ADDRESS: 592 NE 60th Street
NET OFFICE: Upper Eastside
COMMISSION DISTRICT: District 5
A. GENERAL INFORMATION:
FILE ID: 16-00792cm
ZIP: 33130
HEARING DATE: 6/23/16
ITEM:
REQUEST: The Applicant is requesting a Special Appearance before the Miami City Commission to amend
the declaration of restrictions recorded in 1991 in relation to a rezoning application for a portion of the
Cushman School property. Specifically but not limited to amending the student enrollmentcap and the number
of minority scholarships. See Exhibit B entitled "1991 Cushman School Declaration of Restrictive Covenant".
The subject property is located within the MiMo Historic District and the Upper Eastside NET area. The
triangular parcel is approximately 39,000 sq. ft. and is generally bounded by NE 60th Street to the North,
Biscayne Blvd., to the East and NE 5th Street to the West. (A complete legal description is on file with the
Hearing Boards Section).
FOLIO: 01-3218-034-0010
B. BACKGROUND:
Established in 1924 the Cushman School is one of Miami -Dade County's oldest and continuously operating
non -denominational private school serving preschool to eighth grade.
On September 17, 1990 the City of Miami Zoning Board pursuant to Resolution No. ZB 77-90 recommended
approval of the Applicant's (Cushman School Inc.) request for a change of zoning from Office (0) to
Government and Institutional (GI) to the Miami City Commission.
On November 8, 1990 the Miami City Commission pursuant to Ordinance No. 10851 attached hereto as
Exhibit C entitled "Change of Zoning Ordinance Cushman School" which approved the Applicant's request for
a change of zoning from Office (0) to Government and Institutional (GI), to allow for the continual operation
of the School.
On June 3, 1991 the Applicant entered into Declaration of Restrictive Covenant in favor of the City of Miami
subject to the rezoning of the property from Office (0) to Government and Institutional (GI) thus ensuring that
the Property be developed in accordance with the provisions of the Declaration, Specifically but not limited to
volunteering a maximum of 300 paying students, 10 full scholarships to minorities, limiting night time events
and a performance bond. See Exhibit B entitled "1991 Cushman School Declaration of Restrictive Covenant".
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On February 26, 2016 the Applicant submitted a request for an Exception to the Department of Planning and
Zoning pursuant to Miami 21 to allow for the construction of a 63,200+/- sq. ft. gymnasium/auditorium and
classrooms to the existing Cushman School. In review of the Exception application, staff noted that the project
site was tied to a declaration of restrictive covenant which restricted the maximum student enrollment to 310
students. As part of the architectural plans submitted for the Exception, staff noted that the current enrollment
indicated on the plans was 499 students, 189 students above the 310 students allowed pursuant to the
recorded declaration of restrictive covenant attached hereto as Exhibit A entitled 1991 Cushman School
Declaration of Restrictive Covenant".
Staff informed the Applicant that the property was tied to a covenant and that the Exception request as
presented could not move forward unless the Declaration of Restrictive Covenant was released or amended
as the site was found to be not in compliance with the Declaration of Restrictive Covenant, Staff provided
the Applicant a copy of the recorded covenant.
On April 29, 2016 after meeting with staff, the Applicant submitted a request to amend the recorded covenant,
specifically to eliminate student enrollment cap to bring the property into compliance with the current
enrollment and allow for future enrollment increases. Staff expressed concerns to the Applicant as to the
possible adverse impacts to the neighborhood such as but not limited to traffic, noise and buffering with no
appropriate plans or studies submitted for staff review.
Subsequently on May 13, 2016 the Applicant submitted a revised covenant requesting an increase to 600
students. The Applicant indicated that the actual student enrollment for the 2015-2016 school year was now
518 students, 208 students above the 310 students allowed pursuant to the recorded declaration of restrictive
covenant. Staff, again expressed concerns as it pertained to the possible adverse impacts to the neighborhood
such as but not limited to traffic, noise and buffering with no appropriate plans or studies submitted for review.
On June 1, 2016 the Application submitted a re -revised covenant requesting an increase to 530 students.
Along with an increase in the amount of full minority scholarships from 10 to 15 per year and a fifteen thousand
dollar ($15,000.00) monetary contribution to the City of Miami Parks Department for playground improvements
for the abutting Eaton Park,
C. *1991 DECLARATION OF RESTRICTIVE COVENANTS ANALYSIS:
"Analysis of applicable Sections as It pertains to the Applicants covenant amendment request.
Section 2. Enrollment.
The Owner agrees that it shall limit enrollment of its tuition paying students to three hundred (300) students.
Additionally the Owner will grant ten (10) full scholarships to minorities.
Analysis: The current enrollment as provided by the school at the time this analysis was prepared for the 2015-
2016 school year was 518 students. According to the Florida Council of Independent Schools (FCIS)
of which Cushman School reports to, the student enrollment was 512 students. No records were
provided to staff for the years 1992-2013. See Exhibit F entitled "Cushman School Enrollment &
Events".
Year Student Enrollment
2014 506
2015 509
2016 518
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Findings: Not in Compliance with the adopted covenant
The Owner shall submit to the City by October 1St of each school year, a letter from a Certified Public
Accountant certifying the amount of students enrolled for the school year; and the minority representation of
the 10 scholarship recipients.
Analysis: Staff conducted a thorough review of the Department of Planning and Zoning records and was unable
to locate any enrollment information submitted for Cushman School as required pursuant to this
Section of the covenant. Staff requested documentation from the Applicant indicating compliance
with said requirement. On May 23, 2016 the Applicant furnished a letter as prepared by Verdeja, De
Armas, Trujillo Certified Public Accountants attached hereto as Exhibit F entitled "Cushman School
Enrollment & Events" indicating student enrollment and minority scholarships issued for years 2014
through 2016.
Year Student Enrollment Minority Scholarships
2014 506 11
2015 509 13
2016 518 16
Findings: Not in compliance with the adopted covenant (Enrollment)
In compliance (Minority Scholarships) for years 2014-2016
Section 3. Night -Time Events.
The Owners agrees to hold no more than one night-time event per school quarter, for a total of no more than
four night-time events per school year. Each of the night-time events shall terminate no later than 10:00
o'clock p.m. The Owner shall submit to the City, by October 1St of each school year, a copy of the official
school calendar depicting the dates and times of the four night-time events scheduled for the school year.
Analysis: Staff conducted a thorough review of the Department of Planning and Zoning records and was unable
to locate any night-time calendar event information submitted for Cushman School as required
pursuant to this Section. Staff requested documentation from the Applicant indicating compliance
with said requirement. On May 24, 2016 the Applicant furnished a letter attached hereto as Exhibit
F entitled "Cushman School Enrollment & Events" indicating only two (2) nighttime events per year
for 2013-2016. No official copy of the school calendar depicting the dates and times was provided.
Findings: Not in Compliance with the adopted covenant
Section 4. Traffic Flow.
In order to provide increased safety and to alleviate the vehicular congestion during morning drop-off and
afternoon pick-up of students, the Owner has instituted a new procedure, subject to the City of Miami
Department of Public Works approval, as per the herein described plan graphically depicted in Schedule "A"
attached hereto and made a binding part hereof.
A, Preschool and 1St Grade: As of October 1, 1990, all car pools containing only preschooler's or
first graders shall drop-off and pick-up their children at the NE 60th Street turn -around which is
adjacent to the science lab. The new procedure should relocate approximately one third of the
cars away from the entrance at 60th Street and 5th Avenue.
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B. 2d to 6th Grades: Traffic on NE 4th Avenue will flow south to NE 59th Street where it will flow East
to Biscayne Blvd. At Biscayne Blvd. traffic will flow north to NE 60th Street where it will head
West to NE 5th Court to the entrance at 60th Street and 5th Court.
Analysis: Staff is unable to determine if Cushman School implemented the Traffic Flow requirements from
1991-2014 as per this Section. However City records indicate that the Miami City Commission on
February 27, 2014 pursuant to R-14-0070 attached hereto as Exhibit E entitled "Street Closure"
approved the Applicant's request to closing, vacating; abandoning, and discounting for public use
NE 60 ST, from NE 5 Court to Biscayne Blvd, and NE 5th Court from approximately 90' NW of 60 ST•.
The purpose of the road vacating was to address traffic flow and queuing issues.
Findings: Partially in Compliance with the adopted covenant.
Section 5. Performance Bond.
The Owner shall post a $5,000.00 Performance Bond for a period of six (6) months from the date of this
instrument's recordation in the Public Records of Dade County, which shall be forfeited to the City of Miami if
any of the conditions herein contained in this Declaration are breached by the Owner during the said six month
period.
Analysis: On June 28, 1991 a performance and security bond was posted in the amount of $5,000.00 as
required per this Section. Copy of the recorded Performance Bond is attached hereto as Exhibit E
entitled "Performance Bond"
Findings: In compliance with the adopted covenant,
Section 6. Effective Date..
If the City of Miami Commission approves the Change of Zoning Classification, and after said approval has
become final and non -appealable, this instrument shall constitute a covenant running with the Property and
be binding upon Owner, its successors and assigns. These restrictions shall be for the benefit and limitation
upon all present and future owners of the Property and for the public welfare.
Analysis: On February 28, 1991 the City of Miami Commission pursuant to Ordinance No. 10851 approved the
applicants request for a Change of Zoning Classification. The zoning change approval became final
and non -appealable 30 days later.
Findings: Consistent with the adopted covenant.
Section 7. Amendments and Modifications.
This instrument may be modified, amended, or release as to any portion of the Property by a written instrument
executed by the owner of the fee simple title to the land to be affected by such modifications, amendment or
release, providing that same has been approved by the City of Miami Commission after a public hearing which
public hearing shall be applied for and at the expense of the Owner.
Analysis: Pursuant to the above Section the Applicant is requesting a modification to the declaration of restrictive
covenants before the City Commission.
Findings: Consistent with the adopted covenant.
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D. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
CS; Civic Institutional Transect Zone
(Cushman School)
Surrounding Properties
NORTH: T6-8-0; Urban Core Transect Zone
(MiMo Historic District)
T5 -L Urban Center Transect Zone
(Palm Grove Historic District)
SOUTH: T5 -L; Urban Transect Zone
(Palm Grove Historic District)
EAST: T4 -L; General Urban Transect Zone
(Morningside Historic District)
WEST: T5 -L; Urban Center Transect Zone
(Palm Grove Historic District)
E. NEIGHBORHOOD SERVICES:
FUTURE LAND USE DESIGNATION
Restricted Commercial
Maximum 150 D.U. per acre
Restricted Commercial
Maximum 150 D.U. per acre
Restricted Commercial
Maximum 65 D.U. per acre
Restricted Commercial
Maximum 65 D.U. per acre
Restricted Commercial
Maximum 36 D.U. per acre
Restricted Commercial
Maximum 65 D.U. per acre
Code Compliance No Objection
Building No Comment
Historic Preservation No Comment
Environmental Resources No Objection
Transportation No Objections with condition See Exhibit H, "Transportation Recommendations"
Fire No Comment
NET No Objection with conditions See Exhibit/, "Net Recommendations"
F. CONCLUSION:
Cushman School Inc. has been operating on site for the past 92 years and is one of the premier private
schools in the community. In the past three years the School has awarded 40 full scholarships to minority
students with an estimated value of $760,000.00. In addition the school is seeking to donate fifteen thousand
dollars ($15,000.00) to the City of Miami Parks Department for playground equipment improvements to the
abutting Eaton Park.
Subsequent to the 1991 change of zoning hearing, the school acquired additional parcels to north and west
thus expanding its operation. Building records indicate that the school obtained building permits for new
classrooms and science/computer labs. However, the Applicant never obtained approval to increase student
enrollment nor to modify the declaration of restrictive covenants.
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Pursuant to the minutes attached hereto as Exhibit C entitled "CC Minutes Cushman School Rezoning" page
209, the School indicated that they would never increase student enrollment beyond 310 students,
On February 26, 2016 the Applicant submitted a request for an Exception via File I.D. 16-00311x to allow for
the construction of and Auditorium and arts related classrooms. As part of the planning review process, Miami -
Dade County transportation division reviewed and conditionally approved the plans and Traffic Operation Plan
(TOP) based on a student capacity of 499 students.
On June 7, 2017 the City of Miami Planning Department meet with Miami -Dade County Department of
Transportation and Public works to discuss the Applicants request to increase student enrollment to 530
students. The County indicated the Applicant would need to amend the (TOP) and submit it for review and
approval to the County. At the time of this review no modification was submitted for review and approval to
the County nor to the City of Miami Transportation Division.
As such the Department of Planning and Zoning recommends approval with conditions to modify the covenant
to increase student enrollment from 310 to 499 students.
G. RECOMMENDATION:
The Department of Planning and Zoning recommends approval with conditions to amend Sections
1. through 17 of the modification of Declaration of Restrictions Covenants as proposed in Exhibit A,
except that Planning recommends that Sections 2, 3 and 5 are modified as follows:
1, Section 2. Enrollment. The owner agrees that it shall limit its student enrollment to a maximum
of four hundred and ninety nine (499) students. The Owner shall submit to the City by November
1 st of each year, a letter from a Certified Public Accountant certifying (a) the amount of students
enrolled for the school year; and (b) the number of students attending pursuant to minority
scholarships. The total number of students, including those attending pursuant to minority
scholarships, shall not exceed 499 students,
2. Section 3. Minority Scholarships. The owner agrees to provide a total of fifteen (15) full minority
scholarships per year for students residing within the following zip codes (33127, 33150, 33137).
3. Section 5. Performance Bond. The Owner shall post a $10,000.00 Performance Bond for a
period of forty eight (48) months from the date of this instrument's recordation in the Public
Records of Miami -Dade County, which shall be forfeited to the City of Miami if any of the
conditions herein contained in this Declaration are breached by the Owner during the said 48
month period.
Christopher BrinI6, AICP
Chief of Land Development
E, Nunez
6/812016
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"Proposed Amended Declaration of Restrictive Covenants"
This instrument was prepared by and after recordation return to:
Name: Ben Fernandez, Esq.
Address: Bercow Radell & Fernandez, PLLC
200 South Biscayne Boulevard, Suite 850
Miami, FL 33131
(Space Reserved for Clerk
l
MODIFICATION OF DECLARATION OF RESTRICTIONS
IN FAVOR OF CITY OF MIAMI
THIS MODIFICATION OF A DECLARATION OF RESTRICTIONS IN THE FORM
OF A COVENANT RUNNING WITH THE LAND IN FAVOR OF CITY OF MIAMI (this "
Modification ") is made this day of 2016 by the Owner of record who
is THE CUSHMAN SCHOOL, INC., a not for profit Florida corporation (hereinafter referred to
as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within
the county of Miami -Dade, State of Florida (hereinafter referred to as the "City") for the property
more particularly described in the attached Exhibit A (the "Cushman Property").
WITNESSETH:
WHEREAS, a Declaration of Restrictive Covenants (the "Covenant") was recorded by the
Owner on August 28, 1991, at Official Records Book 15168, page 4342 — 4356 of the Public
Records of Miami -Dade County, Florida, concerning a portion the Cushman Property more
specifically described in Exhibit B (hereinafter described as the "Original School Property").
WHEREAS, the Covenant was recorded in relation to a zoning change approved in 1991
by the City Commission for the Original School Property.
WHEREAS, the Owner acquired additional lands (described in Exhibit C) adjacent to the
Original School Property during the 25 years since the Covenant was accepted by the City
Commission.
WHEREAS, the Cushman Property that is the subject of the Covenant and the additional
land acquired by the Owner were rezoned in 2010.
WHEREAS, circumstances have changed since the Covenant was recorded in 1991 in that
the additional lands acquired by Owner have been developed with additional school buildings and
facilities.
WHEREAS, the Covenant required minority scholarships, limited the enrollment of
tuition paying students, addressed night-time events and established a vehicular circulation plan
for the Original School Property.
WHEREAS, the Owner wishes to amend the Covenant to reflect the new lands and the
revised population of students at the school.
WHEREAS, the City and Miami -Dade County have approved revised vehicular operation
plans in relation to the operation of the school that address both the Original School Property and
the additional lands acquired by the school.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Cushman
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 Cushman Property, and its
heirs, successors and assigns as follows:
Section 1. The recitals and finding set forth in the preamble of this Amended and Restated
Declaration are hereby adopted by reference thereto and incorporated herein as a fully set forth in
this section.
Section 2. Enrollment. The owner agrees that it shall limit its student enrollment to a
maximum of Five hundred Thirty (530) students. The Owner shall submit to the City Planning and
Zoning Director by November lst of each year, a letter from a Certified Public Accountant
certifying the amount of the students enrolled for the school year; and the minority representation
of the scholarship recipients.
Section 3. Minority Scholarships. The owner agrees to provide a total of fifteen (15) full
minority scholarships per year.
Section 4. Night-time Events, The Owner agrees to hold no more than one night-time
extra -curricular event per school quarter, for a total of no more than four night-time extra-
curricular events per school year. Each of the night-time extra -curricular events shall terminate
no later than 10:00 p.m. The Owner shall submit to the City, by November 1St of each school year,
a copy of the official school calendar depicting the dates and times of the four night-time extra-
curricular events.
Section 5. Performance Bond. The Owner shall post a $10,000.00 Performance Bond for
a period of (36) months from the date of this instrument's recording in the Public Records of
Miami -Dade County, which shall be forfeited to the City of Miami if any of the conditions herein
contained in this Declaration are breached by the Owner during said 36 month period. The
performance bond shall be substantially in the form provided by 255.05, Fla. Stat. and shall name
the City as sole oblige.
Section 6. Park Contribution. The owner shall contribute Fifteen thousand dollars ($15,
000.00) to the City of Miami Parks Department for playground improvements at Eaton Park.
Section 7. Enrichment Courses. The School shall provide community enrichment
courses that will be open to two (2) students that qualify for financial assistance on session basis.
The courses shall offer a range of topics including, but not limited to, personal improvement, visual
arts, music production, sewing, and photography. These courses will be offered to students in
addition to the minority scholarships described in Section 3.
Section 8. Prior Agreements. Upon the execution of this Amended and Restated
Declaration of Restrictive Covenants, the restrictions described in the Covenant, recorded at
Official Records Book 15168, Page 4342 — 4356 of the Public Records of Miami Dade County,
Florida, are hereby and expressly automatically terminated by mutual consent of the parties and
shall be of no further force and effect.
Section 9. Effective Date. This Amended and Restated Declaration is effective at the date
of execution hereof. This instrument shall constitute a covenant running with the title to the
Cushman Property shall be binding upon Owners, their successors and assigns. These restrictions
shall be a limitation upon all present and future Owners of the Cushman Property and shall be for
the public welfare.
Section 10. Applicable Law & Venue; Attorney's Fees.. Florida law will apply to
interpretation of this Amended and Restated. Declaration. Venue in any civil actions arising under
this instrument shall be in Miami -Dade County, Florida. Each party shall bear their own attorney's
fees.
Section 11. Amendment and Modification. This instrument may be modified, amended,
or released as to any portion of the Cushman Property by a written instrument executed by the then
Owners of the fee -simple title to the Cushman Property, provided that same has been approved by
the City Commission, upon a recommendation from the City of Miami Planning, Zoning and
Appeals Board as provided by law, after a public hearing which public hearing shall be applied for
at the expense of the Owner. Following a final approval of such modification amendment or
release as specified herein, the Director of the City of Miami's Planning Department or his
designee shall execute a written instrument in recordable form effectuating and acknowledging
such modification, amendment or release. Such instruments shall be in a form acceptable to the
City Attorney.
Section 12. 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
entering and investigating the use of the Property to determine 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 or by any property owner within 375 feet
of the Property 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,
either to restrain violations or to recover damages. The prevailing party in the action or suit shall
be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in
addition to any other remedies available under the law. The award of attorney's fees to a prevailing
party shall not be used or enforced against the City of Miami.
Section 13. Severability. Invalidation of any one of these covenants by judgment of Court
shall not affect any of the other provisions of the Amended and Restated Declaration, which shall
remain in full effect.
Section 14. Recording. This Amended and Restated Declaration, once accepted by the
City, shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost
of the Owners, and the City of Miami Zoning Administrator will be furnished a recorded copy by
the Owners within thirty (30) days of it being recorded.
Section 15. Duration. The covenants and restrictions of this Amended and Restated
Declaration shall run with and bind the Cushman Property, the owners of the Cushman Property
and their heirs, successors and assigns, and shall inure to the benefit of the City of Miami.
Section 16. 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 of the 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.
Section 17. 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.
[Signature Pages to Follow]
IN WITNESS WHEREOF, the parties have executed this Amendment to be effected on
the date first written above.
Signed, Sealed, and Delivered
in the presence of:
Witnesses
The Cushman School, Inca
a not for profit Florida corporation
Signature
By:
Name:
Title:
Print Name
Address:
Signature
Print Name
STATE OF FLORIDA
) SS
COUNTY OF MIAMI DADE )
The foregoing instrument was acknowledged before me this day of , 2016,
by who is the of Cushman School., a Florida
limited liability company, on behalf of the company. He/She is personally known to me or has
produced as identification and did/ did not take an oath.
My Commission expires:
Notary Public, State of Florida
Print Name:
Commission No.:
Exhibit A
The Cushman School Property
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Exhibit B
The Original School Property
Lots 1 through 6, Block 4, of "Bayshore Revised" according to the Plat thereof, as
recorded in Plat Book 9, at Page 60, of the Public Records of Miami -Dade County,
Florida.
Exhibit C
Additional Lands acquired since the 1991 Covenant was recorded.
Accepted by City of Miami Commission Resolution R -
Approved as to Planning Requirements:
Planning Director
Approved as to Zoning Requirements:
Zoning Director
"1991 Cushman School Declaration of Restrictive Covenants"
IRE t 51664342
This Declaration of Restrictive Covenants (the "Declaration")
made this day of,¢,� , 1991, by THE CUSHMAN SCHOOL,
INC., a not for profit Florida corporation, (hereinafter referred
to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a
municipality located within the State of Florida (hereinafter
referred to as the "CITY").
WHEREAS, the Owner holds fee -simple title to certain Property
in the City of Miami, State of Florida (the "City,% consisting of
Lots 1 through 6, Block 4, of "Bayshore
Revised" according to the Plat thereof, as
recorded in Plat Book 9, at Page 60, of the
Public Records of Dade County, Florida.
(the "Property"); and
WHEREAS, the Owner is presently an applicant before the City
of Miami City Commission for a change of Zoning Classification in
the official Zoning Atlas of the City of Miami from office (0) to
government and institutional (GI) for the above described Property
(the "Change of Zoning Classification"),
WHEREAS, the Owner is desirous of making a binding commitment
to assure that the Property shall be developed in accordance with
the provisions of this Declaration;
NOW THEREFORE, 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 covenants running with the
L-
.1: 151684343
land and binding upon the Owner of the Property, and its heirs,
successors and assigns as follows:
. Section 1 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.
Section 2 Enrollment. The Owner agrees that it shall limit
enrollment of its tuition paying students to three hundred (300)
students. Additionally the Owner will grant ten (10) full
scholarships to minorities.
The Owner shall submit to the City by October 1st of each
school year, a letter from a Certified Public Accountant certifying
the amount of students enrolled for the school year;, and the
minority representation of the 10 scholarship recipients.
Section 3 Hight-rima rre.a„��, The Owner agrees to hold no
more than one night-time event per school quarter, for a total of
no more than four night-time events per school year. Each of the
night-time events shall terminate no later than 10:o0 O'clock p.m.
The Owner shall submit to the City, by October 1st of each school
year, a copy of the official school calendar depicting the dates
and times of the four night-time events scheduled for the school
year.
Section 4 Traf Jc_F1oo•, In order to provide increased
safety and to alleviate the vehicular congestion during morning
drop-off and afternoon pick-up of students, the Owner has
instituted a new procedure, subject to the City of Miami Department
2
15158H,4344
RECD
of Public Workst approval, as per the herein described plan
graphically depicted in Schedule "A" attached hereto and made a
binding part hereof.
A. Preschoo� and est Grade: As of October 1, 1990, all car
pools containing only pre-schoolers or first graders shall drop-
off and pick-up their children at the N.E. 60 street turn-around
which is adjacent to the science lab. This new procedure should
relocate approximately one-third of the cars away from the entrance
at 60th Street and 5th Avenue..
B. 2nd to 6th _gXAdgg : Traffic on N.E. 4th Avenue will flow
South to N.E. 59th Street where it will flow East to Biscayne Blvd.
At Biscayne Blvd. traffic will flow North to N.E. 60th Street where
it will head West to N.E. 5th Court to the entrance at 60th Street
and 5th Court.
Section 5. P,erfgrmance Bond. The Owner shall post a $5,000.00
Performance Bond for a period of six (6) months from the date of
this instrument's recordation in the Public Records of Dade County,
which shall .be forfeited to the City of Miami if any of the
conditions herein contained in this Declaration are breached by the
owner during said six month period.
section 6 __Xrffar_ ;X�n�+
If the city of Miami Commission
approves the Change of Zoning Classification, and after said
approval has become final and non-appealable, this instrument shall
constitute a covenant running with the title to the Property and
be binding upon owner, its successors and assigns. These
restrictions shall be for the benefit and limitation upon all
3
OFF: ����
5 68P
present and future owners of the Property and for the public
welfare.
Section 7. fie dint and Mad;£;cataon. This instrument may
be modified, amended, or released as to any portion of the Property
by a written instrument executed by the then owner of the fee-
simple title to the land .to be affected by..such modification,
amendment or release, providing that same has been approved by the
City of Miami Commission after a public hearing which public
hearing shall be applied for and at the expense of the Owner.
Should this instrument be so modified, amended or released, the
Director of the City's Planning Building and Zoning Department or
his successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or
release.
Section 8. Werm f_ 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 and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records of Dade County and shall be
automatically extended for successive periods of ten (10) years
thereafter unless modified, amended or released prior to the
expiration thereof.
Section 9. �Dsg�tion and EnfopCej]t. It is understood and
agreed that any official inspector of the City of Miami may have
the right any time during normal working hours of entering and
investigating the use of the Property to determine whether the
4
15101,4346
REC.
conditions of this Declaration and the requirements of the Cityos
building and zoning regulations are being complied with. An
enforcement action may be brought by the City or by any property
owner within 375 feet of the Property 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, either to restrain violations or to recover
damages. The prevailing party in the action or suit shall be
entitled to recover costs and reasonable attorney's fees. This
enforcement provision shall be in addition to any other remedies
available under the law.
Section �0 $@vgrabi7fty Invalidation of any one of these
covenants by judgment of Court shall not affect any of the other
Provisions of the Declaration, which shall remain in full force and
effect.
Sectin*+ taecord, This Declaration shall be filed of
record among the Public Records of Dade County, Florida, at the
cost of the owner.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of'� , 1991,
WITNESSES: THE CUSHMAN SCHOOL, INC.
a not for profit Florida
corporation
e>�
ALP
Y9L
5
STATE OF FLORIDA )
SS
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared DR.
JOAN D. LUTTON, as President of THE CUSHMAN SCHOOL, INC., to me
well known to be the person described in and who executed the
foregoing instrument and who acknowledged to and before me that she
executed said instrument under oath, and for the purposes therein
expressed.
�..�.. ( SEAL )
Notary Public, State of Florida at Large
My C`6Wpsion expires:
'gib
.'MICCOMMI ' PFL
(K,)YE OF OP MA' -
gpyRu n�N
RESIJAN, 27.. 1'992.
1 ..® W �. .1i.�NoYA 9'�abIC UNp[11WRI.LRY. - .
6
'E.151004348
WHEREAS, the Board of Directors of the Cushman School, Inc,,
desires to enter into an agreement with the CITY of Miami entitled
Declaration of Restrictive Covenant.
WHEREAS, the Board of Directors of the Cushman School, Inc., has
examined terms, conditions and obligations of the proposed Agreement with
the CITY; and
WHEREAS, the Board of Directors at a duly held corporate meeting
has considered the matter in accordance with the By -Laws of the corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS of the Cushman School, Inc., that the President is hereby
authorized and instructed to enter into said agreement in the name of and
on.behalf of this corporation with the CITY of Miami in accordance with the
terms and conditions of the Declaration of Restrictive Covenant.
IN WITNESS WHEREOF, this day of,
t.i99I.
Corporate Secretary
HAI'7, Board of Directors
(-,)4 L iz J Z
Prtnt or Type Name
{sE✓
�'�r,
1
'E.151004348
WHEREAS, the Board of Directors of the Cushman School, Inc,,
desires to enter into an agreement with the CITY of Miami entitled
Declaration of Restrictive Covenant.
WHEREAS, the Board of Directors of the Cushman School, Inc., has
examined terms, conditions and obligations of the proposed Agreement with
the CITY; and
WHEREAS, the Board of Directors at a duly held corporate meeting
has considered the matter in accordance with the By -Laws of the corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS of the Cushman School, Inc., that the President is hereby
authorized and instructed to enter into said agreement in the name of and
on.behalf of this corporation with the CITY of Miami in accordance with the
terms and conditions of the Declaration of Restrictive Covenant.
IN WITNESS WHEREOF, this day of,
t.i99I.
Corporate Secretary
HAI'7, Board of Directors
(-,)4 L iz J Z
Prtnt or Type Name
{sE✓
�'�r,
JORGE 1. FERNANDEZ
City Attorney
Cbz# u� � x�xxt
(3051 579.67000
August I9r 1991 Telemplerl 3051 374
•473p
A. Vicky Esquire
Leiva Es 77,,r�j.:
Ferrell, Cardenas, Fertel & Rodriguez i
Suite 19.20, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131-2305 r•
,tnj
Re: Cushman Scho File No. A-90-906 ZZ
Ordinance o: 085
bear Vicky:
This is to confirm my telephone conversation of August 16,
1991 with you secretary, Lenora, where she informed me that the
covenant on the above -referenced matter, recorded by your office
in the .public records of -Dade County,.. failed --to include the
traffic flow plan, referred to in said covenant as "Schedule All.
It is my understanding that you will be re-recording this
covenant with all its attachments and that you will provide us
with.a copy of said recorded covenant.
Sincerely,
IMA/lb/P600 Irma M. Abella
Assistant City Attorney
Cc: Jorge L. Fernandez, City Attorney
SEirgio_Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
Gloria Fox, Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay, Assistant Director
Public Works Department
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
G. Miriam Muer, Chief Assistant City Attorney
OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst 8ullding/One Southeast Third Avenue/Miami, Florida 33131
�tfv of
taint
IORGE I., FERNANDEI I L.J ; �. ;�; K
City Attorney 0
u 13051 579.6700
iclncopier: 13051374.4730
�. August 1, 1991
A. Vicky Leiva, Esquire
Ferrell, Cardenas; Fertel &Rodriguez
Suite 1920, Miami Center
201.South Biscayn® Boulevard
Miami, Florida .33131-2305
Rei Cushman School - File No. A-90-906
Ordinance No. 0851
Dear.Vickya
1 -have reviewed the suggested Amendment to Opinion of Title
you faxed me yesterday, July 31, .1991, on the above -referenced
matter,: and find it to be acceptable. Please submit the said
Amendment to us in its final form,together with a copy of .the
I' recorded covenant made reference to in said Amendment w
te....attachments, for our records. Thank , with all
cooperation. you for your
Sincerely,
in, f G/
IMA/lb/P576 Irma M. Abella
Assistant City Attorney
cc It Jorge L. Fernandez, City Attorney
Sergio Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Guillermo E. Olmedillo, Deputy Director
Planning; Building &Zoning
James. J. Kay, Assistant Director
Public Works Department
Gloria Fox,Chief, Hearing Boards Div.
Planning, Building & Zoning
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
G. Miriam Maer
Chief Assistant City Attorney
OFFICE OF, THE CITY ATTORNEY/1100 AmeriFirst 9uilding/One Southeast Third Avenue/Mlaml, Florida 33131
lI
` This facsimile fa stains PRIVJLEGED AND CONFIDE.N<i'IAL
INFORMn,TION intended only for the use of the Addressee(®) named above,
It you are not the intended recipient of this facsimile, or the employee or.,
agent rosponsible for delivering it to the intended recipient; you are hereby
notified that any dissemination or copying of this facsimile is. strictly
prohibited, If you have received this facsimile in error, please immediately
notify us by telephone and return the original facsimile to us at the above
address via the U. S. postal Service. Thank You.
PLEASE CALL: (305)•371.8585 • IF YOU DO NOT RECEIVE THE
FOLLOWING TRANSMISSION IN ITS ENTIRETY.
JUL-3.1-91 WED 14:14 305 371 5732 P.01
JUL 31 191 02122PM Lr `)1RM FERRELL-CARDEHAS ET AL.
P,1
i,
LAW OrrtCCO
FBRRZLL, CANDEX&SI FnRTEL ROnatJOVEZ
A lrpo [St104Ay Assoc AT ON
tl. "r DRO. M AM
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$Ot 506•'^1 tlOr—St ■OJLRVARO
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MIAMI. FLOH=AA 00101-COotf
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MILV NOW -10699
- ;t KcNON1 Moo) $11, t8A9
A. V 0-- L C' V s
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Guy A. t-cWAR•, aa:
dtTLR t AsC2LVICl+
�'AtSiMYLE TitANuMYS9ION
pLLASE NOTE OLS i 1! �'A7d h*!9: aD;
FIL " Nni
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DAM
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. 'TELE- Fes:
Nl):t �.� `!/r �;�'';>•�'�
` This facsimile fa stains PRIVJLEGED AND CONFIDE.N<i'IAL
INFORMn,TION intended only for the use of the Addressee(®) named above,
It you are not the intended recipient of this facsimile, or the employee or.,
agent rosponsible for delivering it to the intended recipient; you are hereby
notified that any dissemination or copying of this facsimile is. strictly
prohibited, If you have received this facsimile in error, please immediately
notify us by telephone and return the original facsimile to us at the above
address via the U. S. postal Service. Thank You.
PLEASE CALL: (305)•371.8585 • IF YOU DO NOT RECEIVE THE
FOLLOWING TRANSMISSION IN ITS ENTIRETY.
JUL-3.1-91 WED 14:14 305 371 5732 P.01
Tot ox�Y'op
NMI, a P411tIO&I NubdIvAmian of the (tate of p10VI6&
as the 00RIOR Of TWO dated April 3, 22934 909 Property legally -described
Let$ %.through Go track 40 of "Mysmoltz ANYZIRDN'
"COVdIng to the Plat thereof, recorded in plat
Xa*k Of at Page 40# Of the tub%Lc Records of bad*
county, plorldap
he'rebY amended by(
eNtandZIR the 0 09 time covered from Harox 22, loU At 3130
tsps t 0 4, lool
Cv'hyUnG 4o 1901 t 3#21 P.19.1
(b) adding exception numb" a an foltowsk
Declaration of X&etjjotAv@ C*v*n&fl%g by The Cushman school,
ZRO. An favor City 09 HLUd' IL106 LO Official PAcor,
p —"fALd—SjIoOk
.15052F age 337S, of - the - Sou b.* Uo RecorCm of jQ6 county, vjQrja&.
It t the UndaraLgn do certify that I am an attorney
to pr'*. ga"s in the St: At X&V MY Aftittgd
plovida r. t* Of FxOrAdh And am a member in good standing of the
RAMpectfull
Y NuMitted this day of July, 2991v
'JUL-31-91 WED 14 ! 14
305 371 5732
P.02
LAW OFFICES
F.EI?RELL, CARDENAS, FERTRL, RODRMGUEZ & MISHA'R:r
A PROFESSIONAL ASSOCIATION
SUITE 1920, MIAMI CENTER
MILTON M. FERRELL, JR. 201 SOUTH BISCAYNE. BOULEVARD
ALBERTO R. CARDENAS MIAMI, FLOnMA D0131.2008
ALAN K.FtRTEL
DRIGUE TELEPHONE 305 371•
MILY ROD RIOVET ( ) 8585
DAVID B, MISHAEL TELECOPIER (305) 371.5732
A. VICKY LEIVA
GUY K, STEWART, JR. March 4, 1991:
PETER S. KNEZEVICH
Ms. Matie Hirai
City Clerk
City of Miami
Vn
3800 Pan American Drive
�'�-,;;
f 11
Miami, Florida
i"' t
C7
Re: The Cushman School
c7 -<
co
Cr7
Dear Matie:
9Ix'V.
�
�
m
'
cn
O
This letter is to identify to you the different portio&s of
the Cushman School property as they were approved in part and
continued in part at the February 28, 1991, City Commission
Meeting.
The city Commission approved that section referred to as the
triangle with a legal description commonly referred as:
Lots 1 through 6, Block 4, of "Bayshore
Revised" according to the Plat thereof as
recorded in Plat Book 9, at Page 60, of the
Public Records of Dade County, Florida.
The remaining portion of the application has been continued to the
second City Commission Meeting during the month of July 1991.
Please note that both portions had received a first reading at the
City Commission Meeting of November 8, 1990; therefor the "portion"
continued shall be scheduled for its second and final reading in
July, 1991.
AVL/mcg
very truly yours,
. VICKX LEIVA
kJ
t e
u
Zl,
r - \
tvnvwt.�s.rA - 'i -
ej
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Matty Hirai DATE;
March 6, 1991 A•-FH906
City Clerk
SUBJECT ;
Cushman School Covenant
�Item
Ea '\M
No. PZ -18, City
Commission Meeting of
FROM
Chief. Assistant City Attorney REFERENCES:
February 28, 1991 -
Zoning/Development Division
ENCLOSURES;
Please know that the City
Commission at its
February 28, 1991 hearing, approved item No. PZ -18, with respect
to Lots 1 -through 6, Block 4 of "Bayshore
Revised" according to
the Plat thereof as recorded in Plat. Book
9, at Page 60 of the
Public Records of Dade County, Florida, and continued it to the
second City Commission meeting of the month
of July, 1991 with
respect to the remainder of the property
for which a change of
zoning is sought.
GMM:ra:820
cc: Jorge L. Fernandez
City Attorney
Robert F. Clark
Special Counsel
Guillermo Olmedillo, Deputy )Director
Planning, Building & Zoning Department
Gloria Fox, Chiefs
1
f
Hearing Boards Division
:
Irma M. Abella
•`i-�.�
Assistant City Attorney'
ITIM
7,j ;
i
��g5�
a
ZONING FACT SKEET
Block bounded by Biscayne Boulevard
NE 60 Street, and NE 5 Court; and
Approximstely 502 NE 60 Street
All of Block 4 and
Lots 2 k 3
Block E
Bayshore Revised (9-60)
Cushman School
592 NE 60 Street
Miami, FL Phone 757-1966
Alberta cardgww, MR
Farrell, COWdsm". lartal, &WrIga m' A Wishael
201 S S illvd Ste 1920
WA", n 33131-2305 Phone 371-8585
RG -2/4 General Residential.
Change of. Zoning Clasaiflcation In the Official
Zoning Atlas of Zoning Ordinance 11000, as
amended, the Zoning Ordinance of the City of
Miami, from 0 Office to GI Governmental and
Institutional.
APPROVAL. The proposed zoning change requires
a plan amendment that has been sent to the
Department of Community Affairs as part of
comprehensive amendments approved on first
reading by the City.of Mi mi Commission on July
26th, 1990. Second reading will be tentatively
scheduled for December 1990. The subject site
Is owned by the Cushman School; the Mimi
Comprehensive Neighborhood Plan (1989-2000)
establishes that Major Public Facilities,
Transportation, and Utilities designation allow
"...cultural, religious,, or educational
activities..." The proposed zoning change to
G/1 - Governmental and Institutional Use.
be appropriate.
0
PUBLIC WORKS Right-of-way dedication required on Biscayne
Boulevard,
DADE COUNTY TRAFFIC Florida Department of Transportation review for
AND TRANSPORTATION US 1 (Biscayne Boulevard) may be 'required.
ZONING. BOARD At its meeting of September 17, 1990, '
the Zoning Board adopted Resolution
ZB 77-90 by a vote of 6-0, recommending
approval of the above.
One OPPONENT"was present at.the meeting;
Six PMVM_ S were present at the
meeting.
Two replies in OPPOSITION were received.
by
mail; Two rep ea. AnOR
by mail. were received
At to matins of October 29, 1990, the Cit'
CowdAsion defarrod the &have:
C177 commission At its Meting of IloVsabsr g, 1990, thw
City COmaission passed the aboveon First
Reading.
At its meeting of January 24, 1991, the
City Commibsion continued the above.
A
P9,'� �R9YYyMtl� _I
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Egg
gals X0
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� •. S�.
r � 7•y � i 7 ifvy'�r�l tj , � 'ri
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01,
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- . Vi� r �l 4 y�f011�► ' Mi 4
44
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i � lyo r yp' ��' ti t� .,''1 � �1 S �' ! • �� ,� .r uYYr , y
� � r � A 1� .t •� r. y
I'
' a
X The proposed change is in harmony with the
adopted Miami Comprehensive Neighborhood
Plan 1989-2000, and dose not require a plan
amendment.
X The proposed change is in harmony with the
established land use pattern.
X The proposed change is related to adjacent and
nearby districts.
X The change suggested in within scale with the
needs of the neighborhood or the City.
X The proposed.change maintains the same or similar
population density pattern and thereby the load on
public facilities such as schools, utilities,
streets, etc. is the same.
X Existing district boundaries are illogically drawn
in relation to existing conditions on the property.
proposed for change.
X There are changes or changing conditions that
make the passage of the proposed change
necessary.
X The proposed change positively influences living
conditions in the neighborhood.
X The proposed change has the same or similar
impact on traffic and does not affect
public safety as the existing Classification.
X The proposed change has the same or similar
impact on drainage as the existing
classification.
X: The proposed change has the same or similar
impact on light and air to adjacent areas as the
existing classification.
X The proposed change has the same or similar impact
on property values in the adjacent areas as the
existing classification.
The proposed change will contribute to the
improvement or development of adjacent property in
accord with existing regulations.
lo851 c
X The proposed change conveys the same' treatment to
the individual owner as to the owner within the
same classification and the immediate areal and
furthers the protection of the public welfare.
X There are substantial reasons why the use of the
property is,unfairly limited under existing
zoning.
X It is difficult to find other adequate sites in
the surrounding area for the proposed use in
districts already permitting such use.
APpi-ICATiON FOR AMENDMENT TO ZONING ATLAS File Number ZA-63.
. I, Juan J. Mayol, Jr., , hereoy appiy to the City Commis.
sign of the CRY or miami tar an amendment to the Zoning Atlas of the City of Miami as
rhore paiiieuiari aescrioea herein and, in support pport of that request, famish the fallowing
informations
1. Address.of property 592 N.E. 60th Street
X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Att=h to
appifcetiaru
3. Affidavit disaiosing ownership of. orooerty covered by appiicmion and disaiosure of
interest form (Form 4-83 and attaon to appliaationl.
4. 'Cartifled llst .of yaw rs of regi estate within 37S' radius from the outside
bouMaries of property eovered.by this oppiiaation. (Soo Farm 6-83 orrd attwA to
appitaaplan.a ,
5. At feast, two ahatogrophs that show the entire property (land and improvements).
X . b. Atlas sheets) an which property appears 14
x 7. Preient Zoning Designation office
8. Proposed Zoning Designation government and institutional
9. Statement iaining why present =ping designation is inappropriate. (Attach to
I17. Statement as to why proposed coning designation is appropriate. (Attach to app!(-
. aa�onl
,x,11. Other (Specify)
It FI ling Fee of 5 ac= Ing to following schedule:
(a) To: RS -1, RS -1.1, RS -2, S 0.12 per sq.ft. of net lot area,minirw
RG -1, PD -H, PD -HC, $550.00
(b) To: RG -2, RG -2.1, $ 0.14 per sq.ft. of net lot area,minimum
RG -2.3, R0-1, $600.00
: R0-2.1
(c) To: RG -2.2, RG -3 $ 0.16 per sq.ft. of net lot area minimum
RO-3 $650.00
r
(d) To: CR -I; CR -2, S 0.20 per sq•ft• of net lot areajinim:m
CR -3, 0-1, CC -1, $750,00
CC -2, WF -10 WF -R,
1.1,1-2s SPC -1,24,7,
�,I1,1z •
(e) To: =.I, SPI -4 S 0.22 per sq.ft. of net lot area.minimum
$850.00
(f) For any change in a sector number only, for o particular district classifica
tion, the fee small be the some as for a change i its district classification, as
shown in (b) through (e) above.
Signature o
Name J J. YO
Address 122 ri,call Ave e
pfy (305) 57.9-0570
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
JUAN J. MAXOL, JR. , being duly swam, deposes Dad
SO Mot•ne �s.trio WwnerJ (AurnormaG Agent for t r the real property des bed in ,
artiwer to question #I? aoove; that he has read the for ng answers and that the same are
true and complete; and (if acting as agent for owner) at he as h rlty to a this
petition on behalf of the owner.
L)
SWORN TO AND SUBSC�IiSED
before a this -A? d
of �'
l wuoUc, Ware at r arloa of Large
MY COMMISSION EXPiRES:
NOURY P2V^ 9"dE OF PLDATDA �+
"y O;': :: 70. ^;T (�'Id ®
A _FF Z, D A
V r -T--
STATE OF FUMU)
COMM OF DAM ) 83.
Before M, the undersigned authority, this day personally
appeared JUAN J. HAYOL, JR.
who being by me first duly sworn,
Upon oath, deposes and says:
1. That he is the mmr,•or the legal representative of the
owner, submitting the accompanying application '
for a public hearing as
reqdzed by Ordinance No. 9500 of the Code of the City of Miami,.Florida,
effecting the real Property located in the.City of.Riami as described and
listed on the pages attached to this affidavit and Crede a pan thereof.
2. That a.0 owners which he represents, if any, have given their
full and complete permission for him to act in their behalf for the change
or modification of a classification or regulation of zondng as set out in
,the accompanying Petition.
3. That the Pages attached hereto and made a part of this
affidavitI contain the current nMMM, mailing addresses, O=e' =Rbem and
lege].descriptions for the real Property which he is the owner or legal
representative.
4 The facts -as represented in the application anti do=w=
submitted in conjunction with this affidavit are,'true and correct.
Further Affiant sayeth not. v
Swoih to and.Subscribed before me
this
day of C 1990.
Not<1ry Public, J�
State of Florida at targe
My Cmmission Expires:
'MICA
512.0
T 4
10851
M
OWNERS LIST
Owner's Name the Cushman School
Mailing Address 592 N.E. 60th Street
Telephone Number 5 75 6
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
telephone Number
Legal Description:
Any :other real estate property owned individually, jointly, or severally
by corporation, partnership or privately) within 375' of the subject
site. is listed as follows:
Street Address
SEE EXHIBIT "B"
Street Address
Street Address
Legal Description
Legal Description
�pw 1Descr�iption
LG: Ed >±Z 90V 06.
• �'� .. lei
10851
--7 4
DIflCLOSM OF O*Warp
1. Legal description and street gess of subject real property:
SEE EXHIBIT "A"
2.. -Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
Fiav ng a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
The Cushman School, a not for LOOX
profit Florida corporation
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located within
375 feet of the subject real property.
STATE OF.FLOAIDA ) SS:
COCkW OF ' DADE )
Juan J. Mavol, Jr.
being duly scorn, deposes and
says, t ne is the ( ( ttorney Ear Owner) of the real property
described in answer to question {1, above, that he has read the foregoing
answers and that the same are true and omripletey'and (if acting as attorney
for owner) that he has authority to execvte/ 'this
i of rship
form on behalf of the owner. I
SEE EXHIBIT "B"
MY OMISSION E pzm:
tart' Pubic, S ate o f=
Florida at Large
10TASY POUC STATE V IWAICA
HY L;i 12,:783
Sm OF PLC&= SS I
COM= OF MADE
Juan J. Mayol, Jr. being duly sworn, deposes and
Says that no is tne duly appomted attorney of
the owner of the real property d4scirlow in answer to quest -Ion #I, movel
that he has read the foregoing answers-, that the same are true and com-
plete I and that he has the authority to execute this, Disclosure of owner-
ship form on behalf of the owner. V
SWm m Am SULSCR=
before me this
day of
Notary-Puolic, state of
Florida at lam
MY CCMSSICN EXPIMSI
NOTARY Pl.,VC STIT? nc PLOICA
-11:3r, L ".3, U.'40.
GWwpc/ab/025
3,14
.\
EXHIBIT A
Street Address Legal Description
Lo ass the south 3 at
Block E, evised,"
according to ,bc- o a-�nreof, as
reccrde Plat Book 9 �I age (/
60 he Public Records of Da
unty, Florida.
592 N.E. 60th Street Lots 2 and 3, Block L', of "Say—
shore Revised," according to the
Plat thereof, as recorded. in Plat
Book 9 at' Page 60 of the Public
Records of AAads Cou ty, Florida.
592 N.E: 60th Street Lots i through 6,. Block 4, of
"Dayshor according to the plat.
thereof, as recorded in Plat Book.
9, at Page 60 of the Public
Records of Dade County, Florida.
EXHIBrT 6
3egin at a point 258 feet south and 496 feet ::est of the
:out"east corner -if the N.W. 1/4 of Section '_8, Township 53
_ouch, Range 42 East cor a Point of Beginning, thence west
._rall_l to the south Line ::f said ;7.14. :./4 a distance of 60
=et, -hence south parallel to the East ine of the S„ti. 'r4 of
iid Section 13, a distance of =00 feet; chence 'ast paral?el to
_ine
e south ' -:)f said ^7.W. _/4 a distance of 60 feet thence
-Iorth parallel to the East tine of said S.?7, 1/4 a. distance of
00 :eet to the point of Beginning, lying and being ',n Dade
:ounty Florida,; also known as 525 N.E. 60th Street.
Lot 9, Block 3, Map of Bayshore, according to the plat thereof, as recorded
in.`P.lat Book 5, Page 116, among the public records of Dade County, Florida; also
known as 5995 N.E. 5th Avenue.
10851
41 �
STATRMENT IN SVVpORT O! APPLICATION
FOR REEONINQ PILED HY THE C[SMQN SCHOOL,
�► NOT-roa-pRc�*T__B�raA aoRPo��m*aN
The current "Office" zoning classification of the property is
inappropriate because the property has been devoted to school
relatsd.usas for over sixty years. The office designation would
not allow the existing school or its future expansion. Moreover,
.the current zoning classification does not reflect the new
designation of the property in the. Comprehensive Neighborhood Plan
fdr.m&JOk public facilities, transportation and utilities. The
requested designation of. "government and institutional" would be
consistent with the current designation of the property in the
City.ls Comprehensive Neighborhood Pian. Moreover, the "government.
and, institutional" zoning designation would allow, as a permitted
prirfcpal use, schools, colleges and universities, Public and
Private, conservatories, and dancing schools.
«nuwu+nnduwAn
10851
/A
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
of
THE CUSHMAN SCHOOL, INC.
(a Florida Not for Profit Corporation)
With respect to the Articles of Incorporation of The
Cushman School, Inc. filed with the Secretary of State of
Florida on September 18, 1971, these Amended and Restated
Articles of Incorporation of The Cushman School, Inc. have been
adopted by a resolution duly adopted by the Board of Directors
of the Corporation on April 21, 1988 and approved by a majority
of the members present at a meeting duly called on April 21,
1988 at, which a quorum was present, and amend and renumber
Article II as Article III, delete Article III, amend in its -
entirety Article IV, renumber Article V as Article ii, amend in
its entirety and renumber Article VI as Article V, delete
Articles VII and VIII, create new Article VI, renumber Article
IX. as Article VII, delete Article X, and amend in its entirety
and renumber Article XI as Article VIII.
ARTICLE I
NAME
The name of this Corporation shall be THE CUSHMAN SCI3O0L,
INC.
10851
ARTICLE II
TERM OF CORPORATE EXISTENCE
This Corporation shall have perpetual existence.
ARTICLE III
PURPOSE
The purpose of The Cushman School, Inc. is to own, operate
and maintain a day school which will emphasize character
development,. academic excellence, and physical progress in a
nuturing, wholesome atmosphere. Reasonable efforts will be
made to ensure the success of each student.
The following aims shall be pursued to accomplish this
purpose.
1. A happy attitude,
2. Acceptance of the tasks of growing and learning as a.
personal responsibility,
3. Industry and perseverance in accomplishingthese
accepted tasks,
4. Honesty with self and with others in every .phase of
living,
5. Growth in ability to attack learning problems and to
use judgment in changing situations,
6. Self control and poise,
7.• Wholesome personal habits,
8. An attitude that seeks to understand others, point of
view and is ever tolerant and kind,
2 10851
19
9. Gracious unfailing courtesy, and
10. Appreciations that enrich life.
ARTILE IV
MEMBERS
Section 1. There shall be one class of members, which
shall consist of regular members. To be qualified to be a
member, a person must be:
(a) a graduate of The Cushman School and at least
eighteen years of age, or
(b) a parent or legal guardian of a child currently
attending The Cushman School; provided that such
parent's or legal guardian's membership shall
automatically terminate on the last day on which
such child of the parent or legal guardian was in
attendance at The Cushman School.
Section 2'. A person who is qualified to become a member of
the Corporation shall become and be deemed a member upon the
certification by the secretary of the Corporation that such
person is so qualified.
Section 3, The board of Trustees by affirmative vote of
two-thirds of all members of the Board may suspend or expel a'
.member. for cause after an appropriate hearing.
3 1®$51
' 0 7
W
;R�
Sect. Any member may resign by filing a written
resignation with the secretary of the Corporation.
vection S. Each member shall be entitled to one vote.
Membership in this Corporation is not transferable, or
assignable.
ARTICLE V
BOARD OF TRUSTEES
SeCt, tiOn 1. The business of the Corporation• shall be
managed and its corporate powers exercised by a Board of
Trustees. The Hoard of Trustees shall have full power in the
management -and control of the policies, activities, funds and
all affairs of any and every nature of the Corporation.
Sect___ ion Z, The 'Trustees may, but need not be, members of
the Corporation and residents of the State of Florida.
Section 3. The Board of Trustees shall consist of not
fewer than three nor more than eighteen members, as shall be
fixed in the Bylaws. The Board of Trustees shall be divided
into three classes, designated Class T, Class ri and Class.
III. Each class shall consist, as nearly as possible, of
one-third of the total number of Trustees constituting the
entire Board.
Section 4. Upon, or as soon as practicable following, the
filing of these Amended and Restated Articles of Incorporation,
4
10851
at a meeting of -the currently'
existing Board of Directors
called :for such purpose, Class I Trustees shall be elected for
a one -Year term, Class II Trustees for a two-year term, and
Class III Trustees for a three-year term. At each succeeding
annus] meeting of members, successors to the class of Trustees
whose term expires at that annual meeting shall be elected for
a .three-year term. If the number of Trustees is changed .in
accordance with the terms of these Amended and Restated
Articles of Incorporation,any increase or decrease shall .be
apportioned among •the. classes so as to maintain the number of
Trustees in each class as nearly _ y as equal as possible, and any
additional Trustees of any class elected to fill a vacancy
resulting from an increase in` such class shall hold office dor
.
a term that coincides with the remaining term of that
but: In no class;
case will a decrease in the number of Trustees
shorten the term .of any incumbent Trustee.
Section. 5.
A Trustee shall hold office until the annual
meeting .:for the year, in which his term expires and until his
successor shall.be elected and' shall qualify,' subject, however,
to Truste'e's prior death, resignation, disqualification or
removal from office.
Section 6. y the Board of Trustees that
�__�. Any vacancy on
results from a newly created trusteeship may be filled by the
affirmative vote of a majority of Trustees then in office. Any
5
10851
1''•'j
other vacancy occurring on the Board of Trustees may be filled
by a 'majority vote of the Trustees then in offices, although
.•less than a. quorum, or by a sole remaining Trustee. Any
Trustee .elected to file a vacancy not resulting from an
increase in the number of Trustees shall have the same
remaining term as that of his predecessor..
Section 7. Any Trustee may be removed from office at any
time ..with or without cause by the affirmatives vote of
two"thirds of the entire membership.
ARTICLE VY"
EARNINGS AND ACTIVITIES OF CORPORATION
Section 1. No part of the net earnings of the Corporation
shall be distributed to, or inure to the benefit of, any of its
members,• trustees, or officers, except that the Corporation
shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments. and
di"sfributions. infurtherance of the purposes set forth in
Article III hereof.
Section 2. No substantial part of the activities of the
Corporation shall be the carrying on of propaganda or otherwise
attempting to influence legislation (except as otherwise
,provided in Section 501(h) of the Internal Revenue Code of
1959, as amended (or the successor or successors to that
6
10851
I
statute)),and the Corporation
shall not Participate in or
intervene in (including the publishing or distributin g of
statements) any political campaign on behalf of any candidate
for public office.
Section 3. Notwithstanding any other provision of these
Amended and Restated Articles of Incorporation, the Corporation
shall not carry. on any other activities not permitted to be
carried. on by a- corporation exempt from Federal .income tax
under -Section 501(c)(3) Of the Internal Revenue Code of 1954,
as •amended (Or the successor or successors to that statute), or
t by. 6corporation,. contributions to which are deductible under
Section 170(c) (2) of the Internal Revenue Code of 1954, as
amended (or the successor or successors to that statute).
Section 4. Notwithstanding any other provision of these
Amended and Restated. Articles of Incorporation, this
Corporation shall not, except to an insubstantial degree,
engage in any activities or exercise any powers that are not in
furtherance of the purposes of this Corporation.
&RTICTE VII
DISSOLTJ�ION
In the event of dissolution of this Corporation, its assets
shall be transferred to an organization or organizations with
similar. purposes and aims, which said organizations shall be
7
M
the type described in Section 501(c)(3) of. the internal Revenue
Code of 1954, or the successor or successors to that statute,
-.arid shall. have similar tax exempt status under the laws of the
state or states in which such organization or organizations
shall have been formed or be operating.
ARTICLE VIII
AMENDMENTS* -TO AMENDED AND RESTATED ARTICLES OF INCORPORATION
These Amended and Restated Articles of Incorporation may. be
altered,. amended or repealed as provided in Section 617.017 of
the Florida Statutes (1985), as amended, for "all other
corporations."
IN WITNESS HWEREOF, the undersigned -president and secretary.
of the Corporation have hereunto set their* hands and seals as
of'this day of May, 1988.
Joan t o n �,r e �.-L 1,;n=;tj
Secretary
8
M
1
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally appeared
before me, the undersigned authority, Dr. Joan Lutton, to me
well known and well known to me as the person who executed the
foregoing instrument and acknowledged before me that she
executed the same freely and voluntarily for the purposes
therein set forth and expressed. •
IN WITNESS WHEREOF, I Have hereunto set my hand and affixed
my.official seal on this day of May, 1988.
Notary Public, S'tbte Of Florida
My Commission Expires:
91690
9
10851
m
MIAMI REVIEW
Published DallyexceptSaturday, Sunday and
Legal Holidays
Miami. Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE: pp
Sooklef%Millame, Who ON) the �onedath�eaysylgOteahellle theeared
President of Legal Advertlelng"the MlAmt ROVIAW, a dative
Vic
(exoepl Saturday, Bunchy and Legal Holidays) newspaper,
Published at Miami In Dade County, Florida; that the attached
COPY Of Advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
Ordinance No. 10851
In the..,,X.X.X.............................. Court,
was published In sold newspaper In the Issues of
March 26, 1991
SW,o%�n r lmd.subsorlbecl. before me this
„26ab of
(SEAL)
+`
"OFFICIAL NOTARY SEAL"
CHERYL H. 14ARMER
MY COMM, ERP. 4712/92
ml I,
Iwo -DIM
. "Change of Zoning Ordinance'.No. 10851"
W .
J-90-859
2/28/91
ORDINANCE NO. 10851
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CYTY OF MIAMI, FLORIDA, SAID
ATLAS HAVING BEEN INCORPORATED IN THE
ORDINANCE BY SECTION 300 THEREOF, BY CHANGING
THE ZONING CLASSIFICATION FROM 0 OFFICE TO GI
GOVERNMENTAL AND INSTITUTIONAL FOR THE BLOCK
BOUNDED BY BISCAYNE BOULEVARD, NORTHEAST 60
STREET, AND NORTHEAST 5 COURT; ALL DESCRIBED
AS ALL OF BLOCK 4, BAYSHORE REVISED, AS
RECORDED IN PLAT BOOK 9, AT PAGE 60, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 14 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of
September 17, 1990, Item No. 6, following an advertised hearing,
adopted Resolution No. ZB 77-90, by a six to zero (6-0.) vote,
RECOMMENDING APPROVAL of a change of zoning classification, as
hereinafter set forth, and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas contained in Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, said atlas having been incorporated in the Ordinance by
Section 300 thereof, is hereby amended by changing the zoning
classification from 0 Office to GI Governmental and Institutional
for the block bounded by Biscayne Boulevard, Northeast 60 Street,
and Northeast 5 Court) all described as all of Block 4, Bayshore
Revised, as recorded in Plat Book 9, at Page 60, of the Public
Records of Dade County, Florida.
Section 2. it is hereby found that this zoning
classification change:
10851
r,MN 011)
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
(h) will not create -or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
urea;
(k) will not adversely affect property values. in the
adjacent area;
(l) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 3. Page No. 14 of the Zoning Atlas, made a part of
Ordinance No. 11000, as amended, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
-2-
10851
PASSED ON FIRST READING BY TITLE ONLY this 8th r day of
November , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of February
XA IIE..R L. rUARE$, MAYOR
AT S
OtTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
G. J[A
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM .AND CORRECTNESS:
4,76'E L. RN DEZ
CITY.ATTOR EY
GMM/rma/M712
-3- 10851
Catty of �YamY
IORGE y ttoNAyDEZ 1305) 579.6700
Cit Attorney (I)September
Telecopler: 1305) 374.4730
6, 1991
A.: Vicky Leiva, Esquire '
Ferrell, Cardenas, Fertel & Rodriguez oC't+ mO
Suite 1920, Miami Center "'`" int
201 South Biscayne Boulevard
Miami, Florida 33131-2305 r';;j
Re: Cushman SchoojA a File No. A-90-906
Ordinance fjG. 10851
Dear Vicky:
' 7Q%XN;aj0W
This, is to confirm receipt of the recorded covenant and
traffic flow plan on the above -referenced matter. I will be
informing the Planning, Building and Zoning Department that all
the required documents have been submitted by the Owner and that
they have received the -Law Department's review and approval as to
form and correctness.
Xerely,
er.
Irma M. Abella
Assistant City Attorney
IMA/lb/-P613
cc: Sergio Rodriguez, Assistant City Manager
Matty Hirai., City Clerk
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
Joseph,Genuardi, Zoning Administrator
Planning, Building & Zoning
Gloria Fox, Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay, Assistant Director
Public Works Department
G. Miriam Maer, Chief Assistant City Attorney
i
OFFICE OF THE CITY ATTORNEY/7100 AmeriFirst Building/One Southeast Third Avenue/Mlaml, Florida 33131
S
t:
'. CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
To: Guillermo E. Olmedillo
Deputy Director DATE September b, 1991
FILE A=90-906
Planning, Building.& Zoning SU&IECT Cushman School
Ordinance No. 10851
FROM. Irma M. Abella REFERENCES.
Assistant City Attorney
ENCLOSURES:
-
Enclosed are the recorded covenant filed by the property
owner on the above -referenced matter and the
traffic flow plan
which is a part of said covenant. The property owner has
submitted all the documents
now
required of it on this matter, and
have reviewed and approved said documents as form':
we
tp
correctness'. =.,
aZd
IMA/lb/P615
cc: Sergio Rodriguez, Assistant City Manager
Matty Hirai, City Clerk
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
Gloria Fox, Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay, Assistant Director
Public Works Department
I
G. Miriam Maer, Chief Assistant City Attorney
MI
IWO I Obj I
"CC,— Minutes Cushman School Rezoning"
F,,r 't
dl°j�Yt r�?
kjN
. C.J'C Carr. ...
--------------Yt,ti.u..CC.C.... C..a dMbi6WW'YtYi�f�W✓41u"(ov61.bd9,..
y,
671
A.'.m�"i's.Y411WWW.Cu1.YlkWai'iYC3tY4aiA... J'[
(A) FIRST READING ORDINANCE, AMEND :11000 W CHANGE DESIGNATION (JF
BL6CrK 'BOUNDED BY BISCAYNE BOULEVARD, N.E, 60 STREET AND N4E: 5 �
COURT, AND 592 N.1, 60 STREET FROM O-OVVICE TO GI-OO'VEi#NMUTAL
+ AND INSTITUTIONAL (Applicant, Cushman School), �t
I (B)_ Bngr COMMENTS CONCERNING PLANET OCEAN SCHOLARSHIPS.
J �;pti
"
----------- --------e..wru-.w..,r.c.c..r-----.c.w..w--------- r--------
PZ-3.
-- - PZ -'3.
Vice Mayor Dawkinst What's the recommendation of administration on PZ' -3? r�I
o Mr..0lritediilot it's approval. The;.zoning board recommends approval, alao
Mayor Suarezt OK, does anyone wish to be heard against the application of PZ.
Vice Mayor 'Dawkins i So moved.
Mayor Suarezt Let the.record reflect no one stepped,.. yes,, you ara.going to'
apeak.against,:sir? OK, could you please be sworn in along with Mr. Cardenas,
and anyone from, including Doctor Lutton, Lv:
Vice Mayor Dawkinst Anyone who wants to speak pro, or con, please stand to be kk
sworn. We can swear.you in_•right here,
NOTEt AT THIS •POINT, THE CITY COMMISSION :TEMPORARILY •TABLES
CONSIDERATION OF .PLANNING AND. ZONING AGENDA.ITEMS TO CONSIDER AN tf
ITEM FROM THE REGULAR PORTION OF THE AGENDA.
x
Mayor Suarez: • OK,: thank -you all. :We will hear from the. appellant •:-which II F}
guess is the.applicant,.which I:guess is the Cushman School, -is tha£.correct;::
counselor?.
Mr: A1::.Cardenasa -That's correct, Mr. Mayor. "fr�
Commissioner Plummert May I inquire, is Cushman School for profit? tx
Unidentified Speaker: No, sir. '
�f f:fr
Mr. Cardenas: No, sir. s
f profit organization? �t+r.
,. Commissioner Plummer:; It is anon rafi
s' Mr. Cardenas: "Right.
Mayor Suarezt OK.
t .
Commissioner Plummer, How many square .feet are "involved. in .this.* street., t2a
closure, of
the ...dtpart:pent?" hello,._hgw,many ;aquare feet of property
involved in this closure?
Mr.
Rodriguez: There is no street closure in this case
Commissioner:Plummer: What is'.it7 ' S
Mr, RodrgusztH This is a change of zoning. t+
Fernandez: Change of zoning
i; Mr. Olmedill01 It is a'change of zoning to comply..,.
' Commissioner Plummer: They are aot proposing to vlose the street?
' Mr. Qdtpedil3c: no, that`'w:riumter k.. 'This is Pz'3. Jai
<z
i,fr p,
'F C mmi.ssiPnex Alc sat No, that.'s..ths.next ttam. r'
` kd Yj �iy
r' 4''WiWsJoaer Plummer; That's the next ftem? r}n;
fi',��4 .' .. t •'� '1 `y�r flh� � tYtj�y(�3 $
h,.� 47 i-
���M! xc�.4, .. .. _.. _ - .. _ -- rt, wt ,., u. , ✓.,F, ' :ti' � z,.'4jr�.Jx+ '�dfr �a .h'�a � --
Tw_r r
_ F'`'}"'
Mr. 0lined Ii10 Right,
Commissioner Plummar: OR. so I want you to calculate how many square £set of
property they would possibly acquire it this was approved.
S�.
Mr, Olmedillo: 1?2-9 to that it's .clear, is a toning change to comply with the
® , comprehensive plant G
Commissioner Alonso: The neat item is the one, this one is'�ust a change of
Ear !
a!, z ning. - 3
Commissioner Plummert Oh, OR, final whoever,..
Mayor. ' Suarez:. OR. When we get to PZ -4 1 guess you will gat into the
e considerations that you are thinking about, OK? on PZ -3, please tell us what
g your application is, tri
6
f
Mr. -Cardenas: 'Thank you, For -the record, my.name is'Al Cardanas,.l.:am here -
representing the applicant, Cushman School. We are not involved in item PZ -4
at all. What we have here before you, is our seeking a zoning change .to
correspond with a comprehensive master plan .'change which you have already.
approved. The staff has agreed with us over the last year or two, that when f
the City adopted ;the comprehensive, the new .comprehensive master .plan, it.
designated this property for office use, as is the property in the school. We
both agreed that the appropriate use of the property is it's current use,.::and
its use for the.last.sixty years, which is as an institutional use. We
therefore went before you, and you have approved on first reading,a change in
the comprehensive master.plan to change.the land use designated for.the area
to governmental institutional. As a result of that .change which you .have
already, sent, to the DCA. in, Tallahassee, we are now before :you on a zoning
change'so% that the zoning to the property on first reading will correspond. „!
with the land use that you've already approved unanimously. The zoning change`
which we.are requesting has already been approved,: or recommended approval by
the zoning board unanimously, and it corresponds to the land use -which you
yourselves have, unanimously recommended for approval.'. :What :this =will do; ;is {s
permit- us. to . change from office - zoning ..classification:, to permit rpt
institutional .classification which allows ..us an ample use of.:'the property
owned by the school for that purpose which is,a school, and it'.s been a, school
for.sixty years:
Commissioner. Plummer: . What would you do if, it's approved. -that -you can't do
today?
Mr. Cardenas -,If. you.approve it today, if• you didn't approve ittoday, there:;,
S 't
is' a property which we have that we would not be able to use for a ,school,;
which is.the.property at approximately 592 NE 60th Street.;
Commissioner Plummer::;Show me on the map where that is. The blue?
3 Mr. Cardenas -
'That's the triangular piece. S
Commissioner Plummer: 'Oh. That presently is what?
Mr. Cardenas: >Tha•school is:there now., i.t:':s designated. as..offioe use y
Commissioner Plummer; :';My_question now :was in not :the negetivH,-;but thi rs #
forward.::-What,can you -.do if this is approved today that you couldn't
wasn't approved? Are you planning?...`,4F.
f Mr. Cardenas: We have to... well, let .me finish.,We own all of that:
property,.not only the.triangular pieco� but., the piece behind $t:.".
Y r
dommiesioner Plummer: .ices, sir.
Mr. Cardenas: If we don't change the lend use and zoning dooignation,
would have to go through a' 'number of var.i.anoes;, that owe .would oat. under.: Jt fl'f�
institutional, there are wetback variancos,.,
i�
'KCommiseioner ylumme€: In so many word", ;are 10u trying loo tali sna khat you< ;�;'ft
�t. want to .expand?
$96
Mr, Cardenfies No, .not expand, We are going to... well sxpand .iso .an
appropriate word, not.'neoessarily in square footage, but in usse. D668 that
make sense to you?
s Commissioner plummerl Given you more density? to that what it 3is7
Mr. Cardenas: No, what we are trying to do is, there are existing units ih
the properties that we seek to change to institutional: Those had previously`
bean used for residential purposes, and we want to use them for what it is •.
r that they are intended to be used for, which is part of the school. And with_
the institutional designation, we feel it's much more appropriate to do 00
than Agith the office designation. Because one, it's easier to comport with
e} the code requiremental two, the dwellings are there, we are not going 'to'
change them; three,
:it's already part of a school.
r 'Commissioner Plummerc ASK, I understand.
:Vice Mayor Dawkins Who.ownas parcels 4,: 5, and 6? Yes, that one there, who'.
owns that?
Mayor Suarez: And are they here by any chance?
Mr. olmedillo: Just checking the file, I'll give it to you right away.
Vice Mayor Dawkins: No, no, no. I mean, do they want their property rezoned
also, or are we rezoning
Mr.. olmedillo: No, the application is only for the amber color.
Vice Mayor Dawkins:; Yes, but you see, you are changing+ the zoning
classification on two 'parcels.
Mayor Suarez: Next to them.
Vice Mayor -Dawkins:: -So now we'va got three parcel that you are not touching;\ '
that if they some in; we will have to grandfather them in, 'and if: they don''t
want it; .they'rs going to. Al, .did .you contact thgse•people?
t
Mayor Suarez: Do -: you have any-ide.a.how they feel about it?. -:those three?
Mr. Cardenas. Sure, With the exception of a gentleman who Is`here, everyone)
is in favor- of what' we ..are proposing in the neighborhood As a'°matter• of
fact,, 1 :,.think ' if you ask:' - the neighbors, they!ve "been'.' delighted .with
improvements we,have been.making, thanks to you,.'.
Vice Mayor Dawkins: Al, Al, Al, Al.
tR .F
Mr. Cardenas: Yes, sir'.
°{ Vice•Mayor Dawkinsi Four, _five; and six, did you ccatact them?. V
R
Mr. Cardenas: Yes;. air.
Vice Mayor Dawkins, OK•, and•what did they say? I don't want.:to know about
the rest of the neighborhood. See all of you .little "youngsters' out there;
:watch him closely. , Grow up and be a lawyer, and be • a aonng:.lawyer,
getting paid well for this,
k
qa.
Pro Bono.
Mr. Cardenas:
Mr. Olmedillos For the record, Vice:Mayor; .thn lot 4,a.pwned+;by Henry 8oyd� y
lot S.::by Leon Corn,.and lot 6 and 7 by Florida Caribbean Property Ins. 4+-a
Vice Mayor Dawklnei OK, thank you. 'Go ahead Mr: Cardenas
1:.
Mr. Cardenas: Those are apartment . buildings .on.,thoasi''threa 7ctsa, asd 1h' d^ s
accsptablo to the ownera what we:aro.prop9aIng here tpday:, {Y
�At
Mayor cares :pit. - -What is the status u there� is a"ery
rn Institutional vae? ; s
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Mr, Oerdahihi Wall obvieusly, whosoever would purchase it, would be aubfact to
the iatid uae.And koning of tho property whish is government institutional.. We
plan to tie. 'there for'reany years, or else we would not,..
Mayor Suarez, Oh, I auppope, mean, what kinds of things can you do in
government ihatitutionai, other than a schoolf
Mr. Cardenas! Schools, church, hospitals.
e '
Mayor Suarext City Hail,
f tip
�'' Mr:"Cardenaei City Hill.
3 Mr, olmodiliot tut Mr. Mayor.
Mayor Suarez: Yes.
1 Mayor Suarez: If they donate it 'to us; we will build.
Mr. Rodriguazi If they change the use from a school, they will have to get a,.
special exception, so they will have to go through. it hearing.
Mr. Cardenas: Right, That is correct.
Mayor 'Suaraz:. Oh, I see. The' use, itself will have to,..
Ori
Mr Rodriguez: Go through a hospital. For example, a hospital we'll have tb
':
go through a special exception.
Mayor Suarez:,:' be .'a school, otherwise, it will have:. to get a special .
exception: -Even with G14 ?
Mr. Olmedillo: Correct.
Mayor Suarez: OK.: Anything Further? l
Commissioner Plummer You've got an objector,"'don.'t you? 1
Mayer. Suarez:. Objectors, yea. We are going -to go to.the objectors Give us r
name'And;address, and as clearly'as possible, the reason why you object..
Mrs Robert, Walkers My name .,is, Robert 'Walker, I litYe 5900 NE 5th Court. 5990
NE Sth Court is block 10; which is just above the re8:marked ,zone. r?{
f'? Commissioner Alonso: Would you:ohow us where it?s?.
ak.Ti
y ' Y p:
x Mayor Suarez: .Guillermo, would ou or Joe', would ou lease show us on the �I
ove head? OK; that's the one marked-.in red?,:,: t
yr '' , fir,
Commissioner Alonso: Next to it ;
c Mayor Suarez: Oh: no, the', one in white next to it. All right;.*,4uz
Mr:'Walkert' The.one just above that block 10.<
Very good.
Mayor Suarez: "f
::
Mr:'..Walkers Over tho,thirty -two years that.I have been a neighbor to Cushman- {fj
ssti : School, ,.the ach001 has, been inthe main in ' asset, to th neigt►b®rhpo�, �In iJ
a '.. 'these' changing . times, for the City of Miami, _ and in part.isular': rie cha»ges w� c ,re
"? have soon along. Biscayne Boulevard, the ochool:hae carved as a bufger stQne fms:
the neighborhood, and we 'would probably not''be iivin5 th4ie stil.]i wsrza`it oto i'
'
for the'school I knew Doctor Laura Cushman g the founder.andaguding'igl�tua+>r;'''�'aih
S ` the , school, well: i krievr. that she '.al'wayo -envisioned a` small:' raaighb6i4000d ;tea
sohPol that blended into the neighbarhaod, ,arid was as apppt to .t, �r
riaiShborhood. ', And: indeed, •• the school' has Burin .th+a .time ahe`'was
engaged in the school had been an asset :to the naighbor2}AAd. l� reoanL'. tita�a ' 'L� r��trr��
a+ hocvsvep tt►a sahos�l lrss ptsppe up t'•s ansp invent, and..ipgrp4pgd its a. d n ;
� r{f body to hire point where living on ,tk►le otraet is itrtoiQsablo ou�rin5 ;�ot�'K�
3, sohoo hours, and tl►a. sty ia.'xomise. ovoa .nowt #ay a4low.nBhar9na! ,' t;'P
y , that,. aro oraatod '�n this noiSbborhQ94 strew, wit#1' xhs 91}i pntr :ir��lIsapa�
# ,� the sohool,'.lot alone any *ncreasad . groll aerrt ztlat w l�: comq "o � i
' a4ditional olassaoma to this eohoal,'�rfrE
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Mayor Suarom Let ren ask 'about that, is it envisioned that the school would
have.. a. higher enrollMhO
Ms, .loan Lutton! No,
,
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$ Mayor Suarez:.°OK, could you any that on the recordl ffiyou said it lookodh,.
W.' Mr,, Cardanan s par the record, ' wa want to say the following.' The ohrolln►ent
today in the same enrollment that when Laura Cushman,.,
Mayor Suarezl'Two hundred and fifty-two?
Mrs Cardanast. ...'ran the school decades ago,
+� Mayor Suarez: Two'hundred-and fifty'some? what do you have?
95 Me. Luttont It's right under three hundred:'
Mr. Cardenas:, tinder three hundred. We do not to,.,
x ' Mayor Suarez: And this would not enable you to add to that?
Mr. Cardenas: No. :As a matter of fact, during the last two'yeare'that we've'
been before you, we. have added space, but not number of Students, What we
have added for example, is we have added a science lab, a computer lab, we
have expanded the.:.
Mayor Suarez:: • OK, that answers partially his concern if in 'fact you don't
expand the number of students in terms of the traffic, because the activities
end the area that.you:have available for those activities will expand, but not
necessarily the number of students. All right, sir.
Mr'. Cardenas: That's' -correct.,..:.... `?
Mr:,Walkerr Did."I understand:you.to say that theschoolhas notnincreased its
enrollment?• Would the, pr inc ipal of the school kindly atate the.enrollment of
the school...,.
.j
Mr. Lutton::,'Sir, it has not indreased.
Mr Walker:five years ago,'and the rule today:-
r n�
• 1t
trz; Mr ,'Lutton:' l Five, years ago,-it'^went-down:
,
Mayor 'Suarez=-Oh,yes'- yes. I was the one that'aeked' the-'.question.about
enrollment .when _you mentioned that this would create:great'e; traffic, alb
{; right? .They say' they are.slightly under three hundred, and they don't. -plan to ani
.` increase it: I`=can tali you that in'1985, ,'they ware at about one.' hundred'and
eighty, s"oaie. w iiK
v
k Ma 'Luttont That's correct.
Mayor i Suirers then.they went over. to... then obviously now they are:'close r
to.three hundred, they have increased. Aj,,'jz
Mo. Lutton; But it isn't more than when she was th roi.
�s
i' Mayor Suarez: But they are saying that they are not going to increase an cr,
Fr further with this change.
�r Mr, Walkers Mr, Mayor, I can't believe that,figurs. I lave theca, I ssp what
the "traffic is, I see"'what theautomobiles are, "I would have 'to havo that i�
f f'. figure. substantiated in writing:
Cottons Wall we certainly can do that
U e p,�t,.
Mayor Suarss& s I 'am sure they can d0' that.
> Ms, '" LrutCont qhs. tr.aPPio is..: tnaroaaQQ to cruse hcrtl, are More41y+�,��`
Yr ohildrPA can't walk to school anymore, a=id they 1446dto, �'<
,.-d
F f
tl
Mayor Suarom No wonder she .1n a sohool prindipai, you know, We are going a:
to Watch and they are going to say, she is the principal of the school, she
talks out of turn all the time,
Mr. Walkert Within the past year the school has acquired three homes :in the
immediate area to further its expansion, and the purpose of this zoning
change, and it's clear to everyone, they have positive plans .to build: an q
additional classroom on the building. Why they are trying to tell you that
isn't true, t don't know. They have the plane drawn to build the additional t
classrooms. They submitted them to the Heritage Board. The plana are in
faotr on paper, Yeti they have told you they are not expanding the school.
They have aotually acquired three homes in the immediate area to further their
expansion, and one of these actually jumped over an existing house, that a_
Hereon bought their house, who lives there, they'veimproved their home,
thay'vs Rade the _neighborhood .better, .and now the school by the acquisition of
those homes, has effectively surrounded that home.
Mayor Suarez: Which home is that, air?
Mr. Walker: This home is located on 60th Street immediately below the blue
Th school also has another building behind that, it is not shown on
that asap. It has another building...
Mayor Suarez: And who owns that home that you said it was encircled by their
activities?
Mr. -Walker: That's a lady by the name of Norma Clark, she wanted to attend
this meeting, she.had to be.here at, four o'clock, she works at Burdines, she
couldn't be here.
Mayor Suarezr OK, she is not related to you?
Mr.'Walker.- Mr.. Bill Boyd owns lot number 4, you were asking about, he works
for FPL, the meeting was at 4:00 p,m. he couldn't be here. Had he know it was
going•.to be at this late .hour; he would have been here, I :can assure you:to .
voice his objection to this expansion of the school. Mind, you, we are not
really objecting. to .the changing in zoning, we are objecting to the fact that
the changing in zoning will allow the school to .expand, and :that._ls .the
'purpose of"the.change'. If this. board really Wants to make a proper judgement
in this request, then you should go to this school, on any school day, and • .
observe the chaos that exists on this small -one way -street: especially during,
the hoursro£•B-00 a.m, to 9:30,. and 3:00 p.m. to 5:00:p.m.
Commissioner'.Plummer: Sir,. let me see if I can help, you, ;and cut qou^short,``
Would it ibe.acceptable to you, if, they volunteered' to this.:Commission that
they would not exceed three hundred: in students7`. Would that -be>acceptabls to .'..lf
you?
Mr. Walker: Not untilI determine man in writinB many'students. how 'students were.rin.that
.
school ten years ago, because :I believe that there's. three times An' maay`
:people in that school today, as.there.was. ten years .ago.
Commissioner Plummer, Let me just for the record ask; .what would, you find
acceptable?
Mr. Walkers What, £or.the school?
o
Commissioner Plummer: For maximwn enrollment..
Mr. Walkers I have no objection to the school. I.tried to explain that T
feel the school is an asset to the neighborhood, what I object to;,,.
Mayor Suarez: He is comparing it in his mind to what it waa.like ionyears 7
aQo, and he doesn't know how many there were, but he is saying that. -to tae.:`
last ten years, the traffic has increased.
utr.
fps
Commissioner Plummer: Well, you know, I am just saying that I oou]d shaxt i
a.ircuit this if in fact...
Mayor Suarez: .Yeo, he hada figure in mind, or pomotblasi
�nth
,r
2 t•
Catmhiagi6her Plurmaen. they Were to voluntoar that they would hot ambod
tinea hundred `if that'a what it is today,
Mr."..Walkart Mr, ,Plummet, you Would not want to short circuit this it you
visited this school during those hours, 1 assure you. And if you imagine a
fire truck trying to gat to this school during that time, beIievo Me, as a
t conscientious Commissioner of this City, you would not want to circumvent
thus, and short circuit it.
+ Vice Mayor Dawkins: Mr. Mayor, you know, I think we are, I don't know. ery
Hverybody here is under oath. The principal has stated under oath that the
Y enrollment isbelow throe hundred. Now I doh't think the principal would
purger herself to... I mean, he is saying, he fools, how he has not said ho
knows. Now he is under oath also, so. how if you know this, say it's a fact,
sir, or else you will ,have to accept her, you should accept her btatoment
being under oath.
a Mr. Walker: Does the school have plans for building additional classrooms on
to the existing building? ti.
Vice Mayor Dawkins: You just... I don't know. See, I mean...
would you like to know?
Mr. Walkers Could we find out? I mean,
Mr. Cardenas: I'll be happy to restate their plans. The growth of the
school...
Vice Mayor Dawkins: The growth?
Commissioner Plummer: Well, but you see I think the whole crux to the matter .
is, is the total enrollment,
z Mr. Cardenas:. Right.
Commissioner Plummers I.think that'.s':the real crux to the matter,
Mr. Cardenas: We agree.
Vice Mayor Dawkins: -Well;: what is the total enrollment?
Mr. Gardena:: We w111 be happy to covenant,- and I will give you this .digure' . "^
for:. historical. 'pe'rspective. We are willing to covenant ;that' we .will. ,neper' . .
exceed a total: of three hundred. and ten students, and the reason a+hy.iwe are ;
usfng that figure,' is because .what has had happened to Cushman is, it went up.
`^ to 'three hundred and ten during Laura Cushman's running of the school. Then..'
in rthe ,late :seventies, early eighties enrollment went:..:down as •poople-tgere ,s
concerned.with the area. A. lot.of'parents:including ourselves,.. we'ze,:comrgitted ,: F
to bring back that area because we like it there, and we:want .to:stay 'there,."
to and the school went .back up again. It's a.nice multi-ethnic school, .and now 3
k
the enrollment is back up to not near. where it was before, but we'd like to
r' get it up to, but never exceeding where it once was, which I think it's. fair, a;
because -that's what the. neighbors were -used -to, j?1
Vice Mayor Dawkins: Mr. Cardenas. 'f
yx
Mr. Cardenas: So we will commit 'that.we will never: ex000. threo hundred and ,y
ten students, which werethe number .of students that: were there whin was
$r,.. living there, which incidentally, lta doesn't live there anymore at?
t,
Vice Mayor Dawkins: Mr. Cardenas. fa
Mr. Cardenas: Yes, r
Mr. Walkers That isn't true. $i
j' if x
Vice Mayor .Dawkins; What is'..
Mr. Cardenaas You qwn the home, but you rent it. You dan'� Jive thnsa 'ti'`
r f�lq�:tis
Mr, Walkgrt S live there: six f
�(Ss
((i�� � - - - ;...- - :: .." ..,:� ., , . ..' t'.?, .. < < I'i7.3t �y �P VS'"2��, dam���ex W✓�r3 _;/�}
1 1 ni t
;t y�i4 l �.i
Me, Luttom ..9%karyday,..-You aro-living thorn?
Vice Mayor DAWkina: .Oki Mr. Cardenas, what is the tuition per student at
Cushman?
Mr. Cardenas: it's about two thousand dollars ($2,000).
Y +`
Vice Mayor Dawkins: So two thousand dollars ($2,000) and ten tunes two
thousand. -in twenty. thousand dollars {$20,000), so you're going to stand hard
�+ and jeopardi2e your whole project for the fees from ten students?
Ms, Lutton: Wait, I don't understand what you mean,
4
Vice Mayor Dawkins: OK. This gentleman is saying they can live with throb
hundred students... Al is pushing for three, ten. . to my opinion, and:this is
+ just -,any. opinion, ten students, if ten students will make or break your
11' program, hey, we've got a problem.
" Mr,. Cardenasa. Well, it's two thousand dollars ($2,000) per student per
` semester, and so that's four thousand ($4,000)...
Vice.Mayor Dawkins: And, how many semesters?
Mr::Cardenas : Two.,
I
Vice Mayor Dawkins: Right, .so that's .four thousand .dollars ($41000) par,.
student.
Ms. Lutton: Forty-five hundred a year.
Mr. Cardenas:.. Right,
Vice Mayor.Dawkins: Times ten.students'is forty thousand.dollars ($40,000)
Mr. Cardenas: .Yes, which for the:achool.. 'thi®.is a:nonprofit school, nobody
makes -.any money, itis just:£or.the kids.
Vice.; Mayor..;Dawk'insr So is Dade. County School Board, _and T 'just, passed a_
billion dollar school issue, y
} rs
Mr.._Cardenas:. Well right now, just.so;.that you know Commissioner, wehave
example, ,the things .that we do, we'vegot six full time scholarships £or''.
pninority'students.:right,nota..-.,:You<know,.,there are aJgt:of...thing wei¢an
{' the; more:.wes out >down ,,Ahe..more. ..
Vice .Mayor Dawkins: Only thing I am saying .to you Al, is, that 'ten students, '.. 3t ?
AM.
we arearguing f;orr_ten.students....Now if::that's.;what;you do,.., I ,;have no. problem,:,<.
h with ,pit �
Mr'.Cardenas., OK. }
Mr, Walker: Qentigmen, I won1.t-_take 'anyrmore of your time;, I w4.uld just 45,
that; you look „Into , this ;:situation. before, you vote,,,that 'you;try,to see if You,:,:,
cant do something about the traffic, try to see.if you can't dosamsthing ;y
about :requiring: some off-street parking for this school,. that's the only !1
reason I am here, I am not here to condemn the school a>r«k
Vice Mayor Dawkins: OK. Now, you're under oath, now you said, hat you do n1'
F
live there? . ak
' - xt n, 4
Mr. Walkeri Yes, sir.
r
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YZcq,Mayor Dawkinga •A►ll:right, thank you, air,. Ga right ahead:ix, youx name
r' and address, please
s
Mr, HoFAgq Fiaha I am'.Horace Fish, :l 13vq :a qB!}.,N 5th; Goa ,,t;
don't know why...
w a 4t {
��,r ' ' {'eQmmiaR+l.Pner A1ot�aoi wtiy is'he: �n._x'gd? , rfrl,t°��
r ' i
�rfJN11i1L4f119A0x $113tMIQri des suse.`y9ta Abject.
_ . ttLyhry�s I � �• rt 5t 4-' +� i` �, .t�"a��l�'�,�'" r?uy,��a�cJi'Fki ��
' Cotmaissioner•plummart That'h why you are in red, sir,
€ Mr,::Fiaht ism in trouble before I start,
Commissioner Plwnmert No, you are not a communist, that has no inclination'
ohatsoaverr.
Commissioner Alonsot And the property in, red in the back is also becauhe,the
y .'
Mr, Visht Along with Mr. Walker, I feel that the whole problem is not the `:'
number .of students;' three hundreds three ten, one ninety, or whatever. The
problem is a matter of safety, and health. The school has propertiea on 5th:.
Avenue: I.Peel that the school should be required to have the children, or
the 'pArents load and unload the children on 5th Avenue, and, get them off o£
ath Court., Fifth Court is'a°very narrow street,'it's a divided.,
Mayor 'Suarez= Show 'us, akeuso me,':sir, show us on that an he :is saying its:.
t which is 5th Avenue, and which is 5th Court.'
Mr. Fisht"iYou want me to show it?
1
Mayor Suarezt No no, he is doing it, right onthe overhead
Mr,.Fieh Fifth Court'Ii. the:adjacent'to that triangle, and 5th Avenue is the
one•to the Seft: 'Where.ycu see the red -from fdy.Home,
+ Mayor Suarez: It seems like , 5th Avenue is one block away £ram the actual
school.
Commissioner'Alonsot From the;actuai:sohool:`'
} t sl
` Mr; ,Fishs Well," .:they, own, property:- on< -5th Avenue ','and on 60th.: Street %and I =`
{, feel.that•'ther.86hoolshould be required to have the children get in sad out on
5th Avenue and get them off of'5th Court fN
T"'• Magor",Suarez: Has anyone r. you've, -brought up a,very important
A" anyone looked at she traffic:'>implicationa_:',of what thsy::are di'.
Aa school, in"there ion ing- that. they .want today to give some better..patterns Q£ L'
ai
dropping� } rt .
Y, Mrr Fish: .Mr. Mayor, T'm glad,you•brought it.up, baesuse'what yoµ're t:lking 4T
vi_about' here, :and. what ws` are all talking about isnot the xoainq
5 h
Mayor �Suarez: Sure
I� Mr Fish: but the implications,' the future part ,of it
f Mayor: Suarez: Sure You're':taking the opportunity that they, seem
expanding in someway, and they need something fr9m this CommAsslon to;;poiot }{k
out. a r 9
�j aai
^8'lshs Not only expanding,
I A, Mayor. SuoregI and a change of use to point out that the droppiag cuff
picking up of the kids them :oxeates.,a oer�ain amount 9�: traf�.ia �aA�i�Sic�t „r�`L
' which' ie a •ttiae wa of awl in , kir►d of 'wa em:bvar r w�
„!!++ y Y g Y# t h€�re, it a .rQliy
�fig! i .. .•.. .. ;. .: - _ .. :':' . r'R 1' � ; #4 t; � � �'�t+ { { -, s ��,3�s�
6y Mri "Ytshi `No, U10 worse -than' that, . S4r,
}jZ ® yQ nYnA f,'f lea n.•r O {Cp � 8 ✓�ky
Mayor:' p7t�IPIr NN•1� 11+Y OiM� t�Rpf �.N •1I,H!.1 a h j5.7�8 Lhie t
i $
9 ra 4 s �j t+i caL; hs g jr-it yv; �'
4�F 1 rs�yh0 + arrr d}Nd! �kr
S a
'-
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.i:rA f`� } (? ./�i�,�,•
is
Vic `Mayor it iokif�a�
You �sbjOct-ad,
Mr. Visht I beg you
pakdon?
ertr
00fftiasidnar Plummari
You objected
by mail.'
;yea
Mr.-P'ieHt Oh yes, I
object very strenuously,
},
Cdt�mieeioAar, A16fieot
Oh, I see.
s;
' Cotmaissioner•plummart That'h why you are in red, sir,
€ Mr,::Fiaht ism in trouble before I start,
Commissioner Plwnmert No, you are not a communist, that has no inclination'
ohatsoaverr.
Commissioner Alonsot And the property in, red in the back is also becauhe,the
y .'
Mr, Visht Along with Mr. Walker, I feel that the whole problem is not the `:'
number .of students;' three hundreds three ten, one ninety, or whatever. The
problem is a matter of safety, and health. The school has propertiea on 5th:.
Avenue: I.Peel that the school should be required to have the children, or
the 'pArents load and unload the children on 5th Avenue, and, get them off o£
ath Court., Fifth Court is'a°very narrow street,'it's a divided.,
Mayor 'Suarez= Show 'us, akeuso me,':sir, show us on that an he :is saying its:.
t which is 5th Avenue, and which is 5th Court.'
Mr. Fisht"iYou want me to show it?
1
Mayor Suarezt No no, he is doing it, right onthe overhead
Mr,.Fieh Fifth Court'Ii. the:adjacent'to that triangle, and 5th Avenue is the
one•to the Seft: 'Where.ycu see the red -from fdy.Home,
+ Mayor Suarez: It seems like , 5th Avenue is one block away £ram the actual
school.
Commissioner'Alonsot From the;actuai:sohool:`'
} t sl
` Mr; ,Fishs Well," .:they, own, property:- on< -5th Avenue ','and on 60th.: Street %and I =`
{, feel.that•'ther.86hoolshould be required to have the children get in sad out on
5th Avenue and get them off of'5th Court fN
T"'• Magor",Suarez: Has anyone r. you've, -brought up a,very important
A" anyone looked at she traffic:'>implicationa_:',of what thsy::are di'.
Aa school, in"there ion ing- that. they .want today to give some better..patterns Q£ L'
ai
dropping� } rt .
Y, Mrr Fish: .Mr. Mayor, T'm glad,you•brought it.up, baesuse'what yoµ're t:lking 4T
vi_about' here, :and. what ws` are all talking about isnot the xoainq
5 h
Mayor �Suarez: Sure
I� Mr Fish: but the implications,' the future part ,of it
f Mayor: Suarez: Sure You're':taking the opportunity that they, seem
expanding in someway, and they need something fr9m this CommAsslon to;;poiot }{k
out. a r 9
�j aai
^8'lshs Not only expanding,
I A, Mayor. SuoregI and a change of use to point out that the droppiag cuff
picking up of the kids them :oxeates.,a oer�ain amount 9�: traf�.ia �aA�i�Sic�t „r�`L
' which' ie a •ttiae wa of awl in , kir►d of 'wa em:bvar r w�
„!!++ y Y g Y# t h€�re, it a .rQliy
�fig! i .. .•.. .. ;. .: - _ .. :':' . r'R 1' � ; #4 t; � � �'�t+ { { -, s ��,3�s�
6y Mri "Ytshi `No, U10 worse -than' that, . S4r,
}jZ ® yQ nYnA f,'f lea n.•r O {Cp � 8 ✓�ky
Mayor:' p7t�IPIr NN•1� 11+Y OiM� t�Rpf �.N •1I,H!.1 a h j5.7�8 Lhie t
i $
9 ra 4 s �j t+i caL; hs g jr-it yv; �'
4�F 1 rs�yh0 + arrr d}Nd! �kr
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ap finir,� �E�firYr l¢�fi,.uiu7 �: r i7 r53{nY3,Sj,'p Fi��
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Cniwurission'ar piumrnera Who owns the portion lit the back in blue? the.dahaoll
What about the rest of that lot?
Mr. fishi Very nulch worse, last year, and the year before, and the year
belota .,that, my .wifa was vary ill, and I needed to have clear +way for an
iambulance.
Er.,
;.
;
i
ty
Mayor Suaren And that treated a problem. Doss anybody know of any simple..
a way that we douldl.,,'
iF Mr.:Iiaht Cat theta off o£ Sth Court, and put them on 5th Avenue.
Mayor Suarett 'Wali that's your idea, but t am Wondering if our experts agree
with that.
Mr. Tishi Wail i want to go a little further, there are other points I Want'
�33 to bring'up;
Mayor'Suarazs Ali. right, then I can't get and answer to my question. go
ahead and make the rest of your points.
gg Mr. Cardenas; But on that point, on that point though...
Mayor_Suareza Yes.
Mr. Cardenase ... may 1 add that one, we agree with the gentleman .that. .of
course; .we don't think.a..whole rerouting is-feasible, but the suggestions he
has made have been good ones, and last week,-I don't know if he is aware of. it
yet or not, 'but we started- already rerouting some of -the traffic along the
° same route that he suggested, and it's beginning to work quite well. We will
speed it•up.to the point where I'. would say within the next sixty days.or ab,
y., hopefully, half .of the student drop off will be done where it: currently is
done, and the other half will be done through the route that the gentleman'.'
'r'' suggest,;and .'then <we can see how that works. We think that his suggestion is
very valid, the parents themselves are very inconvenienced by you know, by the `
i=::;�cursent•.:cycle, they have brought up some,good`points; and-westhink--his'`points',`�
are'very valid, and last week we started implementing it.:'.'
Mayor Suarez. OK, that's the third time you, tell us that. Thank you:
Mr; Fishi. Well there is more to this, i'd.l'ike to finish now.
Magor Sna;ers YPs;, we are going.'to hear the.. rest..of 'its, Go, ahead, s.ir, as
i quibkly:as;possible rY s j
y a art
Mr: 'Fish. '. OK. The, problem exist'Erom the time that -the:'parents come .to;the ; s
achool until 'ma be;, nine .fifteen,.• nine thirty. Thent �.it -starts° age, about
Y. Y B 4
Y eleven -: thirty' and lasts until sone :Then again': from, about-two thirty, until ° ti
,cr ,
four. That's a',tfive .day $.week proposition:, Three times a days every .week ai ph
P' Now in addition to these problems, the school continues to have functions
j affairs, parties; : whatever '!you want , to.:, c ll ?.there, .gr+aduatlonithey have?`
�j iialloween. psrtiea i they have` City ; of: M1ami..Commiseion ,,party, .ivliatever+; it is, `>'' j
and the street becomes. blocked:..
Commissioner Alonso: How about that, „
i}
Commissioner Plummerc What? what to this? ��
7
+` Mr. Fishy'. :.. they don't need•an.,excuse.
Commissioner Plurranerc What're the City of Miami Commissicn party? err;
Mr.. Fishi ;They'll have a party without an excuse, and they . block t}4p'
street, and not only does the school, :but the City Paliue urge POOP .0
iyygi :: Wprivate,property, they* urge` the ', . the pol$ce, .
UYj 1.i , .. .•.. - : ' : �: .. - 4 Ails }l�r
Y
Mayor Suarez Besides Wal that, the student$ have Very high parEoraainS sa4�so ��,M tc
nt,a in"al� xbair standardized testa and• all that; so Choy don.'1;. Just parpty :a i}a
pimo, I mean
vice Mayor AaWkina} The .big _blank Cadllla.p belongs'.to d,i,�
'y 3 3 t
if
vp
ryJttit' `— s14 p,
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Mr. Pioht Birt wa had two parties last.week, and thara was otto going...,_
Mayor.Suarbri Thatto'right,.if,you bee .a big black Cadiliac,..
vice Mayor bawkinot. That's J,f„ 'a,
Mayor.guaregt: ,i for a Commiaoibn party, it's his, ;5
Mr,.Fisht I've got three Cadillac$ Mr. Mayor.
bra Mayor Suarait Not ao big as his. `
Mr, yisht 1OV6 got the biggest one, I'll stand mine... 1
Connissioner.Plummert Are you in the funeral business?
Mr, Fish: No, sir,•:i don't have a -limousine,
Commissioner Plummert. .OK,
Mr. Fisht But I've got three.
Commissioner Plummert Good, I.know where to rent them.
Mr Fisht ,OX. Anyhow...'
Mayor Suarez: Yes, they do have functions, and maybe Mr...
Mr..Fisht. Wait:.a minute, let me finish what I want to say.
Mayor Suarezt,.No, :no, .I was ;going to help you.. You don.'t..want. -me to. help
T.
you?..
.. Y:
Mr..Fiaht.::Go ahead.
lv
Mayor .Suarez: _Maybe Mr. Assistant.Manager, .there.ie some restriction ;to the'.
a kinds of functions that you ars allowed to have in a.GI, and the kinds oP'
imposition on the.neighborhoods from them = maybe there isn't.
h.: 11
Mr.. Olmedillo-sMaybe .there %is ',a code and that., might, be proffered .by the r
applicant.
Mayor Suarezt You. might want to keep that .in..mind as far as ithelarge
?.. functions that are held there, I mean it's a.school, itls,.a a6
h00l,,I4know you {s
a have., a graduations .'and I am, pleased to have: occasionally:., been°. there '.far one,
but,if you have a party, or I don't know what other kinds' of things you have a• a;g
that.you attract huge numbers of people there beyond what would be. expected of
�'{ valid point about£ All.right�., ycu' know that may be .something that he ::has a
Mr Fish: Mr. Mayor, the street has a dividing median and the. police`..order
and instruct the>parents',.and via3tors,to park cn'tiia median, stxictly.:against:,.kite',
the law. i '
Mr. Luttont .We put.stakes upon that median ao they can't park there anymore,,.; '!f
we : did that about ::a was ago Put stakes o t , :5`t=
Mr. Fish; The „{
pollee also have told drivers to park on the sidewalk, not only
on 5th Court, butalso cn Biacayne Boulevard,: .
rkin
Commissioner Piummert Shame on .them; n
Mr. Fisht I want you to know that I've... n
rf, y 1 4 ,1� fill
i Mayor Suarezt Well my guess is that part:gf.the expanaipn.ar xa�AfiSµxatltaa t'Y
,t !s;•tQ accommodate a little bit more of those'.neaessary,
,ne z`i
�■ �„ti rzvrd4��
tw CQus to6ioner. Alonvot :.Call ,Channel: 6,
,
a� i,1 �"ipPARli�6i0A�r Pltaatmert �ttBma� ShamO, Qn yA4l, , _ t E , , t s .}alt ir,i�` 4� n5 � -,'� ir�+($:��tfl�`�
���•�i f - - - L a it J.t> ,�SZ ��tv.
_ ~rJ'�It - ` � `{'� ➢J � ��t�,V'L�y�}yik��i2J.,V' `��}:j��� ..
1�..�0�,~i�.�..ua,�+nf�a�5t��ik
Mayor Suarez; Anything further from tha.opponents? OK, anythingfurth�r'from
the applicant.? 3N1 `
Mr. Cardenas: No, Mr. Mayor, just a rQmindsr that thio in cnly a sire:;
reading, And we encourage you to vote In favor of the coning, a.�vmAQxt
land uae you've airpady voted in Favor. of, anal it you care :tQ v$,sit the nate
between new and second rsndinge waXc.Qme YQU:tn dQ.ao.
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71
Mr, Visht The street on Sth Court, on 6th Avenue rather,: where they have
parking places and other things, and on 60th Street where the school has
property, these have been available. but the school does not send the parents
and other visitor§ to the other areas. They block both sides of Sth.dourti
they block the median, it is Almost impossible to get through, and I'd like to
have some peace of mind that if I need to have an ambulance, or if we needy
t
fire truck, something, if I want to get out of my driveway,
t
Mayer SuArstt When does .that typically happen? -the sort of over supply 6f
automobiles leading to the clogging up of the lane there? Is that on a daily
N
basis, or when they have a function?
T
Mr. Light Both.
"
Mayor Suarnzt Dr, Prieto,- maybe, could report back to this Commission. if this
itam is approved, or if it isn't, as to what is going on there, as to what
„ y
extent are we violating our own laws on use of public streets.
Mr, Fight I am not threatening you people, but I am. going to tell you that.
Mayor Suarezt In effect, you are threatening us, and we understand,
f
Mr. Fight Well, I.just want to tell you that if I need an ambulance or a fire
truck at, home, and the road is blocked, it's done with your permission, I'm
going to be mighty unhappy, and I don't want to be unhappy, and I don't want
you unhappy.
Mayor Suarezt We don't want to be unhappy,
Mr. Fish: I urge you people to be very careful before you approve something
that's going to cause further problems, and I thank you very kindly.. By the
Way, I• want to add -to the... Mr. Boyd told me today .that he couldn't be. here;.'
%by four, and he was against 4t. The people who have the office building_ at
the Cotner, the northwest corner of 60th Street. A. man named Ziggy who works
and owns.the liquor store on the corner of 61st Street, he is opposed to it
`
tai
Mayor Suarez: OK.
i
Mr. Fight The lady next door to me, Mrs. Haniff, she is opposed to it:
;f
Mayor.Suarezt If this were a court, we wouldn't be able to take notice of any
of those:comments, because it would be hearsay, but presumably we understand,'
'
that you"are faith telling us about people who are, against it. They.'',
v,
probably should have written if they -couldn't be here. But anyhow, we
,5
b
understand:
Mr. Fight Thanking you for hearing me.
Mayor Suarezi Thank you, air.
Mr.' Fight 'I, urge' youtobe .very careful.
�t
Mayor Suarezt OK. And don't hesitate to further communicate with us, bath on
Ir�.fi
the traffic patterns, and whatever we can'do regarding the dropping off:'of the..
t,y,
children and picking up, and also, the clogging up of the arteries there, no
-�
that you always have the ability to et out of
y Y Y g your.,,.
rd
�
a
Mr. Fight What do you need frowme?
f
Hayor Suarez: Dr. Prieto is going to explain.
Mr. Fiehi OK.
�Jt
Mayor Suarez; Anything further from tha.opponents? OK, anythingfurth�r'from
the applicant.? 3N1 `
Mr. Cardenas: No, Mr. Mayor, just a rQmindsr that thio in cnly a sire:;
reading, And we encourage you to vote In favor of the coning, a.�vmAQxt
land uae you've airpady voted in Favor. of, anal it you care :tQ v$,sit the nate
between new and second rsndinge waXc.Qme YQU:tn dQ.ao.
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Mr. CardonansWhere is... Wall we had proffered and we were in the midst Of
's
4h1 t j`j s 1 V �5, t rBte� Y Q) f1'�•
that discussion that We Would limit the enrollment to the highest number of
'
8tUfthts the school has had:in. the past, 'which we fait was fair, and that,
Mr. lernandeks
Mr. Moyor,
are there any outstanding 'covenants that are being
proffered?
Mr. CardonansWhere is... Wall we had proffered and we were in the midst Of
's
that discussion that We Would limit the enrollment to the highest number of
'
8tUfthts the school has had:in. the past, 'which we fait was fair, and that,
number happened to be have been three hundred and ten, and we covenanted that
we would'n®ver increase it past,where it has been already. basically' !what we
have told you is the recent.inerea®eo have not been for additional clar;ereeni
space, but for what it is that the kids wanted, computer labs, aoience labs,
that type of thing.
Commissioner Plummers Mr, Mayor, I will tell you what is scoepta6lo to me and
F
maybe, the members of this Commission. The role they have to volunteer
Y'
covenant, not to exceed three hundred in the next school year, I'm not going
to make them kick out ten kids now, OX?
Ms. Luttons OK, but that cute back on our scholarship kids, because we need
revenue for three hundred to.maka.it go.
Commission Plummer: That they supply and bind themselves to a traffic pattern
of putting in and taking out the kids, the throe times.., all, the period of
the day. And: the third item that I would want in the covenant, that they
would be limited to one night time activity, one per quarter, not to exceed
1100 p.m. at night.
Me. Luttons We never go that late, nine o'clock is the latest we go.
Commissioner Plummer' I'll by nine o'clock, that's fine.
Ms. Luttons .No, I!m 'teasing you, eleven is good, but we never go that late.
Cosmnissioner.Plummer: ;Well, .you just got nine, so that's fine.
Mr: !Cardenas:*, Well'I can tell -you that the graduation is not,... -,°'•`
Ma. Lu ttons The traffic... No,. graduation is at.any time.
Commissioner Plummers 3o those, are the three things. If in £act, that's':,.
acceptable:'to my.colleagues,'I will be ready at any. time to offer that in the e.
form of a motion.
Mr. Fernandezi. Point of clarification Mr. Mayor. Your traffic pattexn, is
that subject to Public Works review?
ry
{
1;
Commissioner 'Plummer: That, of course .is definitely,:'but�it's also: to this
rt
Commission's review that that plan is acceptable to us.'
f,
ag:
Mr.:Cardenass ,;:Mr. Plummer, just one.:.. I�ve written these dowii> but just one:
fa
comment: We will be willing to abide. by no more than three hundred paying.
},
students. . I want you to 'know that the reason we wanted.thres ten, is so
have minority scholarship, programs, but if• you make the number. of students
,.
count against those, then the revenue stream is not sufficient.
Vice Mayor Dawkins: Than, do you have ton scholarships every. sems>aster,freO
{
Mr, Cardenas: We have six now, but.we are looking for ten,
Ms. Luttons. Xes, but we are looking'£or:ten,:absolutely. We have some half..
F
`•� ,:.
ones, too. - ....:F
Commissioner Plumners Well, but Al. you've got to put a cap on that, becsuse:
look. one of their concern's.::
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y
Mr+ Gardena®: What we would want to suggest.,.'
•
re
s"ommiasaner Plummer: He doesn't want to listen to me.
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Me. Cardenas€ OK.
Cpmmis�sionar Plummer' Ono, of their co corns is thqtoxal.:.earAllmpa#. ;would
gd,. eloD�>wslth ,three hundred paying stud@ata and tAa
exceed tan scholarships, trf
tis
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,At
n 44 `y+ F Jho Mayr'`x.;
-,�}{j �j tt� +1 — __ `:drkt �J�,+�3��pi'�,'��A�i} �1•'y-f �Yt 't'�t '� , i�,�v in r���l `�vr
M��' Gat'danab; Yes.' .
- Mac'.�uttorii breat� ,
itt 5b'rissiorier plumraars I would golong'with that, because f thank that that
ii something that is very fine for the community,
�+ Mr. Carderiass. Yagj thane fair, OK, air. -
Ma, 'l,uttori;: thank you; thatls acceptable, .
y'>> Mayor guarers Ali right, moved and seconded with those: provisos+':< Any,
discussion?: If not, please.,.
<< Commiaainner .,Plummer., I, `strongly suggest.that Mr,, Cardenas bring in advahca.:
tt,
that:traffie pattern map that he is :going to volilateer;
Mr, Cardenas; Yes, sir. OK,' it's a three, let me see what it is... Itis a
traf'fic'patterh•map1I three hundred paying students limitation, three hundred
and ten total...
r'
Vice Mayor Dawkinss With ten..,
Mr.',Urdenass Tan scholarships -
Vice Mayor DawkinstI But write it down.
Mr, -Cardenas; Yes, air.'
sr
t+ Vice:Mayor Dawkins: OKj write it:down. :.
Mr. ;.Fernandszs Mr.::Mayor, point tt .
to Commissioner Plummer; And one... no more than one affair per quarter:'. not to
exceed nine o"cldek'at night
' Me "LutEons` Night time?.
Mr Fernandez; All of that is...
Commisaioner Plummers What?
tis :i Ms. Lutton:�. One -'night `time event;
t� 'r' Commissioner Plummer; One "night time event :not to exceed :}nine,
o:'clook +� v
t
Mr Artsanilers . 'Mr Magor, Mr.': _Commiasionerr, Plummer' has, •done a very fine job 3.
S"3 ; Z
of. paraphrasing 'what is Mr. Cardenas proffer on the record ::1s., that cprrect yt
Mr .Cardenas? Y,
��` Mrc.:Cardenaes. •That�a.correct .. ,
k
i
Commissioner Plummers-.Thank you
Li li�
,
Mayor Suarez That's.ccrrect;'.
ai Mr.: Cardenas. Azid that proffer will be tendered to the City, voluptartly, y E;x+i.
' strictly voluntarily `by us •prior to -second reading. ,• �•�: ;``{ , , �a Fs
`? Mr. Fernandez; You cannot condition zoning "r
,u • ,:. , ; : ', .. ;:..;. ,.., �. � °, , psi
1 Cominisaionor Plummers Condition? I would never aogditt4n 'zoningR.
A, kfey4r $uarew{ 'No, th4$ would_ never. -bo a gonditjop:tp ie'toot ton Qr ilie''94to, r; s's;r7�
it would be something voluntarily Q##tired by ;M Car 0440 ae eeeiax�
�� of thA •ideas , : ;. ,: ..,. ,
Far c,
Nr Oardanee. And the ton soholershipa will ,her sox BeidPn�aipuri tri
Il3deAt�.
_ 6�1 Mayos, Puexepa All: rightx "r 0�
trY�
'.` i{��, S ..: •,' r , } �{ t3 ,tii4 �,ly �}� Y.t :Sv,�'!C'��
'�AStn-. ,, .: 4.:. .,. �.. -.: .. .. -; •. ... ...�.! .. .'�..,' d'�#r,.a}ce,f4V ieE,.�•,.,.Fu�'fd°�nrv�[�4472F''�"tx.�.���m ",F .• .
9i _ _••1 _ } CYC 4 tr, 14Y} s fN p ¢t3��' {c
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Cotaniiaaioner Alonaos great.
Mayor. Suarez: to labvea'and ae,.rbndad. Yae gir, last... quick,
fi Mr. Walkers Mr, Mayor, I: Wouldn't want to see the school .limited to ons
At per quartos,
Mayor Suar'att Veli they don't oeam to be bothered by that.
` Mr..Welkers i maAn x sin not hard to do anything to hurt the school, Tf ttsa'
y B 5
kids scant to have in'affair, I have no objection to that, we are only asking .
you to look into .the traffic pattern, and to provide some off-street parkingt
.
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for the arda.
�•; Mayor Suarez: All right; you want to eliminate that? All right, we
apprec.iate,that. You want to eliminate that requirement? - assuming .they willt
;. be.reasonable.
Commissioner Plummers Say it again?
it Mayor Suarez: You want to eliminate that proffer, Commissioners? I think.we
will be OK with it.
Commissioner Plummer: All right, then let tae change it,
Mr. Fish: I don't want it eliminated. I'll tell you that. yt?,
c .
Mayor Suarezt All right, one per month.
�y3`
Mr. Fish: I'm not in favor of none .of them.
Mayor ,Suarez: We,got you. All .right. Will the shaker of.the motion -.Debate
w is ;closed. s
Commissioner Plummer:Leave it in there. ay
Vice Mayor Dawkinst I'll call the question.,
Mayor Suarez OK. What is the. how does the motion read then?. With their. �i
proffer? '' . •:...,
• { rF
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Commissioner .Plummer: That I move for approval subject to a voluntary_,
covenant graciously offered'
by Mr. Cardenas on .behalf of his client, that the
paid tuition not exceed. three hundred students,. they be granted. .up to'ten on
t sch'ola hips, that' they will 'surrender a traffic' pattern of
picking'
6'r discharging the. children, and that they, will,. not have more than one n�glt time
n; affair pei'quarter, cannot exceed nine o'clock in"'the evening ?41�
Mayor Suarez: OK. So moved,
,..
Y. Vice Mayor Dawkinss Under discussion., }c49S,
Mayor Suarez: And seconded Vice Mayor Dawkins
s?I 3
Vice Mayor Dawkinot You do not have`any PTA meetings? gay
`Luttoni . We have our' PTA "meetings primarily in the daytime :.:Theare
event'that we have that m1 ht o act nine 0lclock and that'p Our s ren ¢
that 'we'do have,in the even$ng8 p :. p play' of l
d.
l Y � r 73 YFi
Commissioner Plutniners And how late would that 80?`rj�
f 441?
t.q Tuttot)s It, wouid. be probably not ,ovor 1;oter, than ten BQmatimpp .4 4P+oa ri�fR
3ika'nlnp xhlrty,.brit by. the time th0 care c ar, itsmi� t;ba tonr' t;(
= s; Yi.ao,Mayax Uawkinas An¢..that!so the gnly night?
No, .Luttggl bio, , wa ,have .opal► houss, open schgol. nsOht In Ogtubax �� haP�t
Cfirsotm i play nx" Chfiis tmao 'time, 'that'® :'twv d4$€ers'At Aqua tqa�' WOn, h u�
ylrn,, fl.niahod Ono quarter. � r
T,
1"�'��*r p��f 4 A.�'tf'4""•'f��Y�)�Y'd�{�Yb�SYaX��M�7
aeE�.'sl .. ., ..'.. .. ...... r: .. ..1 i...,l'.. x•,.43 r..,..R f.v.v..a�.,.:Ftr.h{Al�ntik6�±.S4F.L��JS :#{d`,u. a. `
ii�y`�
iy
Vice Mayor:0awkinst Well, why Would you stand up there and limit yourself to
one?...
Mot" Luttont keoause:we onlydo Pour night time once a
B Year., anyway,. We haus
our PTA meetings in the daytime.
+ Vice Mayor Dawkinor And the Christmas party is what timet41,
Ma, Luttont The Christmas play is at night, that'a the second one, The third s
p one is the spring play, and then we usually have one event where we have a
speaker of someone come for the parents, so that would be four, if we wanted
to have the fifth one; we could petition you guys, right? i
Mr, irernandar i No.:... a
k . Ms. Luttont No? So you want to go for five? y
Vice Mayor Dawkins- And you stood up here and let J.L. look you into one, you
can't even have.the other three.
Ms. Luttont Say that again, if they lock me up?
Commissioner Plummer: No, one per quarter.
Vice Mayor Dawkinst One per quarter. Well it's two quarters, so that's only
two. She says that she has got•three. n
t� f
Me. Luttont We"have four quarters.
Commissioner Plummer: Four quarters usually makes a year to me.:-
Ms. Lutton: •.That's correct. But now, it's a school year.
Vice. Mayor Dawkins: .'And, your •atudenta pay two thousand dollars a quarter`'
($2,000), and four times two.is eight.
Ms. Lutton: :.:No •no'no. a
, ..They y p y... '
Vice Mayor Dawkins. Now we're back up.
Commissioner Plummer:. No,; no. You are confusing:,..: you:listen to the teacher
around here
as: Ms. Luttont 'Its.11school quarters.
Commissioner Plummer You: 're- confusing quarters-with semesters.
Mayor Suarez: Would my "blues brothers" get their academic.year organized?
{+i we:can vote on this item. o
Mr. Cardenas: ,. Wel I.. let me put it this way, I feel like I pay-'two thousand ` 'k
dollars ($2,000) a.qusrter.. y, „3g
1
Commissioner De Yurree That's why he is only thirty-four, ra
f�
i
Ma, Cardenas- Seems like I am always writing it.
Mayor Suarez: What is .the proffer? Make a proffer, whatever.''
you think is r ��
�k. reasonable.
Mr.`Cardanast Commissioner Dawkins, it's not that much money, I mean We not
eight thousand dollars ($9,000). It's like forty-five... I wink► they gave a 4;
xK dieoount -too for..:
Jig.
Mayer Suarez- Could I.stop•You from getting into the goat
of pVit1e43: kali 'x4<
me" what.theproffer finally da;' so that we cant vote,on this couns®lor.
& Mr. Cardenas: Tha proffer that we valuntarily madO.., f,`<�RR$
0.
u y
f Mayer 6uarggt ,'::Don't.yivo ma all'the, akemene, only as to the .lasts of pha.
ovellta,
ry C
iV;9.i
�j
:,....b +!' �o Nf..a .a9tta.elf-•f�b:J.rai+,G�7�1_,c. �;.
t;r n4
i
Vice.Mavor Dawkines Now, and Pant year,
to Yrs
QK,. you'vo get 4,
Mrs Cardenahs Aight. Three.., Oh, the iaoue of the evente.
Mayor Suarez:. Whatever you and your oiiant can handle, I am ready to vote 6h
.. .--
thio regordiaas, we can't apend all night on this.
Mr. Cardenans Right, No more than, why don't we say, no more than si -60ntsa
;.
a year, no more than two in a given quarter, no later than ten osolbok,
.s
;.-.
Co=111sionot Piummetj You lost my vote., I withdraw my motion,
Vice Mayor Dawkinss fro .back to one a quarter, with an extra one if you
could...
Cardatfass You heard, One event per quarter with a•tima limit of 10100
p.m.
:
Mayor Suarez: OK. That0s the proffer. Do we have a motion and a second
1.
:?,till on the table?
Commissioner' kluminers ' Yea, sir, I reinstate my motion.
Mayor Suarez s We have a second?
Commissioner Alonaos Yea.
Mayor Suarez: Read the ordinance.
i.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING" THE ZONING ATLAS OF ORDINANCE':
f,;..
N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, .FLORIDA, SAID ATLAS HAVING BEEN
INCORPORATED IN THE ORDINANCE BY SECTION 300 THEREOF,
BY CHANGING THE:ZONING CLASSIFICATION FROM -0"OFFICE TO
GI ''.GOVERNMENTAL AND INSTITUTIONAL FOR THE 'BLOCK
r,.
BOUNDED BY BISCAYNE BOULEVARD NORTHEAST 60 STREET, AND
<
NORTHEAST 5 COURT{'.AND APPROXIMATELY 59Z'NORTHEAST 60
{
STREET, MIAMI, FLORIDA, ALL DESCRIBED AS ALL OF BLOCK,
.<
4 AND LOTS 2 AND 3, BLOCK E, BAYSHORE REVISED, AS
1
RECORDED IN PLAT BOOK 9, AT PAGE 60 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AND BY MAKING.ALL THE
`''NECESSARY CHANGES'ON PAGE NO, 14 OF SAID ZONING ATLAS{'
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
.:
CLAUSE:'
i
ki
Was introduced_ by Commissioner. Plummer and seconded by Commissioner
;N
Alonso and was:passed on its first reading by title by the following vote
Ia'
AYESs Commissoner.Victor De Yurre
'
Commissioner J. L. Plummer, Jr.
hv,
Commissioner Miriam Alease
``•
Vice Mayor Miller J: Dawkins
Mayor Xavier' L. Suarez
:r!
NOES: None.
,
+1
f
ABSENT: None,
S,
vf`
s
�
k
The City Attorney read the, ordinance into the pubic record anA::
tz�f'.
announced that copiea were available to the members of the City Gommiseion and:.
n
to the public.
i
{
j
COMMENTS MADE DURING ROLL CALLS
Y},
co Mayor Dawkins; With the proviso that Mr, Cardenas provlds ray Office N+i h `
the names and addresses of those minority students who owns sah4larohipa,
'..
No, Lutton: Presently, or for next year?
i
Vice.Mavor Dawkines Now, and Pant year,
QK,. you'vo get 4,
k,; ..�. .. .. .. - ...
.. .--
�t '� r.tPfTYlsfw
7-7 777
M�, 'Cardariarli �'i�ts. ,
COMMURTS,-AMR ROLL CALL:
Comiaiaeionar Plumtnars Mr, Mayor, something just cams to mind, could t
Vida Meyor 15aftinss I reserve... just a m,i
inute ,L.1 I reserve the right to
�## change my vote at the second hearing it i go out there and find that the
4f
condition do not exist ao,.you've stated theta.
�41F
fz Me, Luttont. What do you mean,•.minority students?
�I I commissioner Plummer: Of course.
{{, Vice Mayor. Dawkins: Ma'am_?
Ms. Luttons Minority students?
Vice Mayor Dawkinsr No,. ma'am, The traffic, configuration, and all.
Mayor, Suarez: OK.
Commissioner Plummer: Mr. Mayor, let roe inquire, maybe, I shouldn't be doing
it. . You know, .Iwe. made .a deal with Planet Ocean about.so many scholarships a
year, I've never heard back.on that thing.
Mayor Suarez: I've never selected anybody from two scholarahips.
Vice Mayor Dawkinas That's what he is saying, he is saying. you should have
Commissioner Plummer: Well we were supposed to proffer .names: to. that
organization, :and. the County School. Board to be processed, and I aro .yet to:'
hear of the first one. And there was supposedto be like fifty..,.. Is a,year -
Mayor Suarszs Yes, I'd love a report on that. I thought it visa a total of `
X.
tensc.holarships to be......
Commissioner. Plummer: I would Aike a report back on that.
Mr. Rodriguez; OK; we',ll.do that, rr
pommissioner.Plummer:,; Please,.. I'm. -sorry to bring it up in zoning, but T just
happened to think about it'when you'talked.about that. �s
I
Mr... Cardenas: .Thank you, air.
;.(NATE{-. AT.•THIS POINT, THE -CITY COMMISSION TEMPORARILY 'c•
L
'•: TABLES CONSIDERATION OF :,PLANNING. AND ZONIUG :<AGENDA 17.,k
ITEM$. .TO CONSIDER .AN ITEM FROM THE REGULAR PORTION QE rid
THE AGENDA.i
t P�,
r t
4
Y
' t
GJo_ I
I `i t ttiU7,�
.t,P N 4`a F tgYi� bf 'alf t j1t1q
44
� ��l',�,. ' - ... .. - ... .•.. r rYr �`'�(Air;1�11f ISn� ah r, I�f�!'y� x'""%
k1 - -- v t auvr ,,e 1t t V; nt�y�r9rta•F F.
m- - .. -a:W ......
i 66. SUPPORT AND REM TO CITY MANAGER PROPOSAL TO UPGRADE THE FOOTBALL AND
BASEBALL P1ELDS AND SWIMMING POOL AT HADL'EY PARK - INSTRUCT CIT' t'MANAGER
TO BRING BACK TO COMMISSION MEETING PRESENTLY SCHEDULED FOR DECEM=
6TH.
t:
Mr, Sergio Rodriguez: Mr. Mayor...
Vice Mayor Dawkins: 'Mr. Mayor, I have a... we go to 46 now.
{
r:
Mayor Suarez: Yen.
CommissionerPlummer: Forty -nix.
Vice Mayor Dawkins: And, as you know, we provided money for a pool at Radley.
park, and in'oonjunction with that, we've come up with a donor who's concerned
about all of the youngsters in the area. So, if the architect and the other
gentleman will explain the project, them I'll go from there. Why .not - .leave
it over there so everybody can see it.
Commissioner Plummer: For every dollar you spend in Hadley Park, I get a ,
dollar for Bayfront Park?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.'
1
Commissioner Plummer: Turnabout is fair play.
Mr. Jacque E. Thermulis: My name is Jacque Thermulis from Urban Constructor
and Urban Planning'& Design. We're located at 7000 S.W. 62nd Avenue
i UNIDENTIFIED SPEAKER: ' Why -don't you bring that up over her®2
Vice Mayor Dawkins: Then they can't see it.
f�
UNIDENTIFIED SPEAKER:. Who can't see it?
Vice. Mayor Dawkins: These people can't see it,
Mr: •Thermulis:' It's three, live -twenty.
Vice Mayor Dawkins: So, we stand up...': 3
fl
E Mr. Thermulis: We have Vincent Biscome from our office, which will present 7n
~' the presentation to you.
Commissioner Plummer: Yes.
11M
910, Vice Mayor Dawkins: Your name and your address. Go.right ahead, sir. Ctrs
Mr. Vincent Biscome: Vincent Biscome:..
,r
} Vice Mayor Dawkins: Take the mike.., nLi'
Mayor Suarez: There's a -yes.
4
Mr. Biscome: Vincent Biscome, Urban Constructors, Inc
:
f
Mayor Suarez: And just put ita little close r to you r right.
Mr. Biscome: ...and Urban Planning &Design. When we were first con#acted by
Vice Mayor Dawkins...
;?t
Commissioner Plummer: Not icor long. Ri
Mr,.,Biscome: .,.hQ was wcrxiod. He told us that he IIva,
there is a park, Ano of the best WQ11 kept parkQ In the:4ity off.Mi�te ,n R
waa under utilised. Under utliaed.baoaus'thexQ�_g n i:uptballa1e1 in $roes' s,�
condition that nobody used: including the. high so oal..a rpaQ aq 4 Ani#
.¢ twa .babobai•1 6iamon4o: whoro kids liaigd up a play, •' but hiexa wn a}afi'B UAo1 �
�¢i, ��5 x4iS�a��Q�� k, ��►�}�''.�f,� }fid 4��'�
: A�rS}� ,y :. '. ..: ..: - .: . . : :;. ..... -.. i. r..t.:,.. 414 ,rn.`A� 57:`F 76`��, �13"Z�•'1G��a�4��`�
"Performance Bond"
A"1
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Guillermo E. Olmedillo CLTE August 9, 1991 =.= A -90•-9C
Deputy Director
Planning, Building & Zoning SUBJECT Cushman School Bo
Ordinance N 108 1
I
PROM RVERENCES
i Irma M. Abella
iAssistant City Attorney ENCLOSURES
Enclosed is the Performance and Surety Bond submitted by the
applicant on the above -referenced matter. Said bond has been
reviewed and approved by the Law Department as to form and
• correctness and has also been reviewed and approved by the
I Insurance Coordinator of the City of Miami,
i IMA/lb/P581
cc: Jorge L. Fernandez
City Attorney
Sergio Rodriguez
Assistant City Manager
Matty Hirai, City Clerk
Joseph Genuardi
Zoning Administrator
Planning, Building & Zoning
Gloria Fox
Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay
Assistant Director
Public Works Department
G. Miriam Maer
Chief Assistant City Attorney
A..Vicky Leiva, Esquire
Ferrell, Cardenas & Fertel
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131-2305
j
- II
"�ONL FREMUN, ElAS-ED C
FINAL. CONTRACT pRNCd
w PERFORMANCE AND SURETY BOND
NO. 1241636
Premium:
STATE OF FLORIDA }
} ss.
COUNTY OF DADE }
KNOW ALL MEN BY THESE PRESENTS that the Cushman School, Inc.,
(hereinafter referred to as the 'Principal"), and Amwest Surety Insurance Company,
(hereinafter referred to as the "Surety"), are held and firmly bound unto the City of Miami,
(hereinafter referred to as the "Obligee"), in the amount of $5,000,00 for the payment
whereof Principal and Surety bind themselves, their heirs, executors, administrators,
'successors and assigns, jointly and severally, firmly by these presents.
The purpose of this Performance and Surety Bond, (hereinafter referred to as the
"Bond"), shall be to ensure compliance with the terms and conditions of the Declaration of
Restrictive .Covenants attached and made a part hereof, for a period not to exceed six
months from the date of issuance of this bond,
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH,
that if the Principal shall in all respects promptly and faithfully perform and comply with
the terms and conditions of the above stated Declaration of Restrictive Covenants and its
obligations thereunder, then, and upon the expiration of the six months period and after
written certification from the City Manager of the City of Miami, or his designee, that the
terms and conditions of the Declaration of Restrictive Covenant have been complied with;
all funds held in collateral for the benefit of the Surety, Amwest Surety Insurance Company
shall be released and automatically returned to the Cushman School, Inc„ the Principal.
IN WITNESS WHEREOF, the above bounded parties executed this instrument
under their several seals, this 28thday of June 11991, The name and corporate
seal of each corporate party--Feing hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
The expiration of this bond shall be effective six months from the date of its
issuance,
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF US, AS
WITNESSES:
47
THE CUSHMAN SCHOOL, INC.
ttness
By: b
69itness Principal
[Seal]
AMWEST SURETY INSURANCE COMPANY
By:�
W-1 Ac erman/ ttorney-in••Fact
[Seal]
Ooun tL
Flori cense
Resident Agent
***SEE DECLARATION OF RESTRICTIVE COVENANT
ATTACHED AND MADE PART HEREOF***
",:3 BOND OF EXECUTED COPIES
BOND NUMBER
1241636
PRINCIPAL „
THE CUSHMAN SCHOOL, INC,
OBUGEE
City of Miami, Florida
POWER NUMBER '% • j �. ;
000062911 '!. V01-M''iF "NOT"USED By -
78 : '4-15—.97'
This document is printed nn mull -colored security paper with black and red Ink, with Ink and bears the
.raised seal of Amwest Surety Insurance Company (the "Company'). Only unatteryd originals of this Power of Aitomey are
—valid, This Rower of Attorney Is valid solely in connection with the execution and del iv "y. of t}fe ktind.noted-above-and may
-not be used In coOlunction with any other power ofauorney. No representations or wa7�r�(�
may be made by any person, This Power of Attorney Is governed by the laws of the yj6les4f�ing this Bower.of Auomey
used in connection with any bond Issued by the Company must be on this form aadIno 01her%rrrr haalll have foreeior effect,
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety put n a
corporation (the "Company"), does hereby make, constitute and a int � y' California
-.CHRIS J. ACKERMAN pPo ;! r / /
AS AN EMPLOYEE OF AMVEST SURETY INSURANCE Com,sO'
-its true and lawful Atiomey-in-Fact, with limited power and authotity for an=. i(of t'�a 6h0'n' Pany as surety,
to execute, deliver and affix the seal of the Company thereto if a seaLis.ioq"'6bh"Tsatfidenaking, .
recognixances or other written obligations in the nature thereof as (oiloydst •�,
;Bid Bonds up to•s**1.000,000.00
.Contract, Court' 8 Subdivision Bonds,.up to' $'6_ ,-0D 009�Op
ia6QnSe 8 Permit -bonds up to s**1.00000-O,Q.O'b" •�' '-•-- >° `•
Miscellaneous Bonds up•to $**1.000,000.00'
Small Business Adtait,istrati'on Guarantee
THIS
E—l..;,��i
1 and. to bind the ;Company thereby, This appointment is made under -and h aul it ty of ehc.By-F ws:oC the
Company, which --are now in full force and effect. ,
E CERTIFICATE
1;1he undersigned secretary of Amwest•Surety.lnsuranc(.�& tC / CalffAmia'corporation,
-DO HEREBY CERTIFY that this Power of Attorney remains in full force amteltanrihas not been revoked
and furthermore, that the resolutions of the Board of Directors set,. forth`at(fi(;irse, Find thai the relevant
. pro0s(ons of the By -Laws of the Company, are now in full
Signed and sealedOODLAND HILLS,CA this 28th da .June,., g1
Y 19, _
„ 9oQoabz911 - 78
Karen G. Cohen, Secretary /"M , S,
PENAL SUM
$5,000.00***
°Ec
15052n'3373
w
D�; rr Attam��N OF RFS7�l2r�ryR COVF:NA_�►'�s
This Declaration of Restrictive Covenants (the "Declaration")
I. made this •day of _,c ) utu_ , 1991, by THE CUSHMAN SCHOOL,
i
INC., a not for profit Florida corporation, (hereinafter referred
to as the "Owner„), is in favor of the CITY OF MIAMI, FLORIDA, a
i
municipality located within the State of Florida (hereinafter
referred to as the "CITY").
I
WHEREAS, the owner holds fee -simple title to certain Property
in the City of Miami, State of Florida (the "City"), consisting of
Lots 1 through 6, Block 4, of "Bayshore
Revised" according to the Plat thereof, as
recorded in Plat Book 9, at Page 60, of the
Public Records of Dade County, Florida.
(the "Property"), and
WHEREAS, the Owner is presently an applicant before the City
of.Miami City Commission for a change of Zoning Classification in
the official Zoning Atlas of the City of Miami from office (0) to
government and institutional (GI) for the above described Property
(the "Change of Zoning Classification");
WHEREAS, the Owner is desirous of making a binding commitment
to assure that the Property shall be developed in accordance with
the.provisions of this Declaration;
NOW THEREFORE, 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 covenants running with the
r`
I.
I
I
Ch
REc 15052 337"4
'land and binding upon the Owner of the Property, and its heirs,
successors and assigns as follows:
�eot,;on i. 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.
gg f;on 2 Enrollgnt. The Owner agrees that it shall limit
enrollment of its tuition paying students to three hundred (300)
students. Additionally the Owner will grant ten (10) full
scholarships to minorities.
The owner shall submit to the City by October 1st of each
school year, a letter from a Certified Public Accountant certifying
the amount of students enrolled for the school year; and the
minority representation of the 10 scholarship recipients.
Stiction 3 Wight -mime Events. The Owner agrees to hold no
more than one night-time event per school quarter, for a total of
no more than four night-time events per school year. Each of the.
night-time events shall terminate no later than 10:00 o'clock p.m.
The Owner shall submit to the City, by October 1st of each school
year, a copy of the official school calendar depicting the dates
and times of the tour night-time events scheduled for the school
year.
Section -4, TrgffiiC Flow. in order to provide increased
safety and to alleviate the vehicular congestion during morning
drop-off and afternoon pick-up of students, the Owner has
instituted a new procedure, subject to the City of Miami Department
2
i
i
R�� 15052 P 3375
of Public Works' approval, as per the herein described plan
graphically depicted in Schedule "A" attached hereto and made a
binding part hereof.
A. Pro schwl and ,st trade: As of October 1, 1990, all car
pools containing only pre-schoolers or first graders shall drop-
off and pick-up their children at the N.E. 60 Street turn -around
which is adjacent to the science lab. This new procedure should
relocate approximately one-third of the cars away from the entrance
at 60th Street and 5th Avenue..
B. yi7d to 6 h grades: Traffic on N.E. 4th Avenue will flow
south to K.E. 59th Street where it will flow East to Biscayne Blvd.
At Biscayne Blvd. traffic will flow North to N.E. 60th Street where
it will head West to N.E. 5th Court to the entrance at 60th Street
and 5th Court.
Sect gn 5 Performanga Bond. The Owner shall post a $5,000.00
Performance Bond for a period of six (6) months from the date of
this instrument's recordation in the Public Records of Dade County,
which shall be forfeited to the City of Miami if any of the
.conditions herein contained in this Declaration are breached by the
Owner during said six month period.
S ction 6. E€fe tive Date. If the City of Miami Commission
approves the Change of Zoning Classification, and after said
approval has become final and non -appealable, this instrument shall
constitute a covenant running with the title to the Property and
be binding upon owner, its successors and assigns. These
restrictions shall be for the benefit and limitation upon all
3
'#
REC 1505. r: 3376
present and future owners of the Property and for the public
welfare.
section 7.,This instrument may
be modified, amended, or released as to any portion of the Property
by a written instrument executed by the then owner of the fee-
simple title to the land to be affected by such modification,
amendment or release, providing that same has been approved by the
City of Miami Commission after a public hearing which public
hearing shall be applied for and at the expense of the owner.
Should this instrument be so modified, amended or released, the
Director of the City's Planning Building and Zoning Department or
his successor shall execute a written instrument in recordable form
effectuating and acknowledging such modification, amendment or
release.
,lection 8. Term of CO®enant. 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 and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records of Dade County and shall be
automatically extended for successive periods of ten (10) years
thereafter unless modified, amended or released prior to the
.:expiration thereof.
1Se t3�Qn 9 Insp a end Enforcw*a„� It is understood and
agreed that any official inspector of the City of Miami may have
the right any time during normal working hours of entering and
investigating the use of the Property to determine whether the
a
5052 PG 3377
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 or by any property
owner within 375 feet of the Property 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, either to restrain violations or to recover
damages. The prevailing party in the action or suit shall be
entitled to recover costs and reasonable attorney's fees. This
enforcement provision shall be in addition to any other remedies
available under the law.
Section 10. leve a +'�a;i+, Invalidation of any one of these
covenants by judgment of Court shall not affect any of the other
provisions of the Declaration, which shall remain in full force and
effect.
Seetion U R nig inn This Declaration shall be filed of
record among the Public Records of Dade County, Florida, at the
cost of the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day ofL�-�a-
WITNESSES: THE CUSHMAN SCHOOL, INC.
a not for profit Florida
• corporation
By°
5
1
i
. i.
,t
' Arm OFF
REQ 15052 p'f3'3378
STATE OF FLORIDA
COUNTY OF DADE ) SS
Before me, the undersigned authority, personally
appeared DR.
JOAN D. LUTTON, as President of THE CUSHMAN SCHOOL, INC., to me
well known to be the
person described in and who executed the
f6regoing instrument and who acknowledged to and before me that she
executed said instrument under oath, and for the purposes therein
expressed.
Notary(S
1�,ubjic, State 0� Florida at Lar
geEAL)
,'%%11j%1W1jCQmmisiion expires:
P4144%, ITATE or rV001")
T C IV.Sre JAN. 27, 199$,
a Kit "MR
""t WN01RWR17Xft0A
;D
.. ....... .
RFS 15052 F, 3379
CORPORM RESOI.YJi70N
WHEREAS, the Board of Directors of the Cushman School, Inc.,
desires to enter into an agreement with the CITY of Miami entitled
Declaration of Restrictive Covenant.
WHEREAS, the Board of Directors of the Cushman School, Inc., has
examined terms, conditions and obligations of the proposed Agreement with
the CITY; and
WHEREAS, the Board of Directors at a duly held corporate meeting
has considered the matter in accordance with the By -Laws of the corporation,.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS of the Cushman School, Inc., that the President is hereby
authorized and instructed to enter into said agreement in the name of and
on behalf of this corporation with the CITY of Miami in accordance with the
terms and conditions of the Declaration of Restrictive Covenant,
IN WITNESS WHEREOF, this
day of..' 1991.
CHAIR�1 1 Boar of Directors
eEcoRDEDIHOFF reuEu¢olrtrar°�.
Of DADE COUNty, IIORIDA.^
"r~
. I(comb VIEIHED
CIA of Circuit d,.CountyBy;
C c I'r I'
Courts
Print or',Type Name
'„11111,11111111111„11' j '.,i
1rVia
'r,
Attest:
,ti.•1 / h ......... n�
tI�; j
� I11 Rpn(�i'Or11,Ut .
Corporate Secre���
A
"Cushman School Enrollment & Events
May 23, 2016
City of Miami
Alex. Monwro, C,RA,
Marla C. Perez-Abmi, C,RA,
Eric E. Sancta Marla, C.P.A.
Octavio F'Nerdeji. CJIA.
We are the independent auditors of The Cushman School, Inc. ("Cushman} and we audit many
schools throughout South Florida.
Cushman has provided us with certain information regarding the school enrollment and
scholarships for the past three years.
Minority
Year Total Students - Financial Aid _Scholarshik
2014 506 97 11
2015 509 101 13
2016 518 16
Should you need additional information please feel free to contact us.
Sincerely,
Octavio A. Verdeja
Verdeja, De Armas & Trujillo, LLP
A Limited Liability Partnership of Professional Assoctatons
255 Alhambra Cirdo, Sulte 560, Coral Gables, FL 33 134 • Office; 45,446.3 177 • Fax: 30,446.6370 • www,V.DCPA.com
Cushman School 2015-2016
Website www. cushmanschoo1.ora
Address
City
State
Postal Code
Region
592 NE 60 Street
Miami
FL
33137
South
Phone 305-757-1966
Fax 305-757-1632
Grade Range
N-8
Student Body
Coed
School Type
Special Education
Enrollment
512
Head
Ms. Arvi Balseiro
Head's Title
Head of School
Head's Email
abalseiro@cushmanschool.org
Board Chair
Victor Napoli
Board Chair's Email
vnapoli@me.com
Head Assistant
Sheryl Rudnick
Head's Assistant Email
srudnick@cushmanschool.org
Middle. Head
Jennifer Geimer
Middle Head's Email
jgeimer@cushmanschool.org
Lower Head
Cheryl Rogers
Lower Head's Email
crogers@cushmanschool.org
Early Childhood Director
Jill Sevilla
Early Childhood Director's Email
jsevilla@cushmanschool.org
Admission Director Sheri Rentzepis
o� o0
w� ,o
71',AFNr��' ilNkpt> Td 9K �V4v�w
To the City of Miami:
Q
RORT
This letter is confirm that The Cushman School has not exceeded the amount of events held during
nighttime hours as determined by the City. Over the past three years, there have only been two
nighttime events far each year (2013-2014; 2014-2015;2015-2016) which were for parents' Nights.
Thank you,
Arvi Balseiro
Head of School
The Cushman School
592 Northeast 601h Street Laura Cushman Circle o Miami, Florida 33137
'Maln Office 305,757,1966 Fax 305,757,1632 1 www.cushmanscl)ool.org
C
"Street Closure"
„Z �44vgi1ie
r” 4fV Ck?
City Hall
Cit Y of Miami 3500 Pan American Drive
z i i its
Miami, FL 33133
t �' li@tl" Y@�AM@i rkt€i
www.miamigov.com
Master Report
Enactment Number: R-14-0070
File Number: 13-01046sc File Type: Resolution Status: Passed
Version: 3 Reference: Controlling Body: Office of the City
Clerk
File Name: Street Closure - The Cushman School Introduced: 8/29/2013
Requester: Cost: Final Action: 2/27/2014
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING,
VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHEAST 60TH
STREET FROM NORTHEAST 5TH COURT TO BISCAYNE BOULEVARD, AND NORTHEAST 5TH
COURT FROM APPROXIMATELY 90 FEET NORTHWEST OF BISCAYNE BOULEVARD TO
NORTI4EAST 60TH STREET, MIAMI, FLORIDA.
Sponsors:
Notes:
Indexes:
Attachments: 13-01046scPZAB 10-16-13 Supporting Docs.pdf,I3-01046sc CC 11-21-13 Fact Sheet.pdf,13-01046se
CC 12-12-13 Fact Sheet.pdf 13-01046sc CC 01-23-14 Fact Sheet.pdf,13-01046se-Submittal-Declaration
of Restrictive Covenants.pdf, 1 3-01046sc-Submittal-Ben Fernandez -Homicide Incident
Report. pdf,13-01046sc-Submittal-Ben Fernandez-Petitions.pdf 13-01046sc CC 02-27-14 Fact
Sheet.pdf, I 3-01046sc Dept. Analyses, Maps & PZAB Reso.pdf, I 3-01046sc Covenant Submitted to
Hearing Boards.pdf, I3-01046sc Application & Supporting Documents.pdf, 13-01046sc CC Legislation
(Version 2).pdf, 13 -01046sc Exhibit A.pdf, 13-01046se Exhibit B.pdf,13-01046se-PowerPoint
Presentation -Cushman School Street Closure.pdf,13-01046sc-Submittal-Ben Fernandez -Settlement
Agreement -Palm Grove Homeowner's Association. pdf, 13-01046sc-Submittal-Ben Fernandez -Settlement
Agreement-MiMo Biscayne Association. pdf,13-01046sc-Submittal-Ben Fernandez.pdf,
History of Legislative File
Version:
Acting Body:
Date:
Action: Sent To:
Due Date: Return Date: Result:
I
Planning, Zoning and
10/16/2013
Recommended
Pass
Appeals Board
Approval
2
Office of the City
11/12/2013
Reviewed and
Attorney
Approved
2
City Commission
11/21/2013
CONTINUED
Pass
2
City Commission
12/12/2013
CONTINUED
Pass
2
City Commission
1/23/2014
CONTINUED
Pass
3
City Commission
2/27/2014
ADOPTED WITH
Pass
MODIFICATIONS
3
Office of the Mayor
3/7/2014
Signed by the Mayor Office of the City
Clerk
3 Office of the City Clerk 3/7/2014 Signed and Attested
by City Clerk
City of Miami Page I Printed on 41612016
City Hall
City of Miami 3500 Pan American Drive
f �5.
liiitf Ohio$ *!I Miami, FL 33133
ii ii www.miamigov.com
Master Report
Enactment Number: R-14-0070
3 Office of the City 10/15/2014 Reviewed and
Attorney Approved
Action Note: MODIFICATIONS MADE TO RESOLUTION AND DECLARATION OF COVENANTS
City-ofMlami Page 2 Printed on 4/6/2016
Miami -Dade Official Records - Print Document
This instrument was prepared by and after being recorded shall
be returned to:
Name: Ben Fernandez, Esq.
Address: Bercow & Radell, P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, FL 33131
Pagel of 8
CFN 2014-R0362207
OR 8k 29158 Pse 2894 - 2901► (8p9s
RECORDED 05/20/2014 10:00037
HARVEY RUVIHt CLERK OF COURT"
MIAMI -DACE COUHTYP FLORIDA
(Space reserved for Clerk)
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration") made this 13!h day of
May, 2014, by The Cushman School (hereinafter referred to as the "Owners"), is in favor
of the CITY OF MIAMI, FLORIDA, a municipality located within the state of Florida
(hereinafter referred to as the "CITY").
WITNESSETH
WHEREAS, the Owners sought and obtained a right of way vacation pursuant to
Resolution No. R-14-0070, for the property located at and being legally described as:
(See attached Exhibit A).
WHEREAS, the Owners are desirous of making a voluntary binding commitment
to assure that certain other nearby property owned by the Owner located at 6050
Biscayne Boulevard (See attached Exhibit B) shall be developed in accordance with the
provisions of the Declaration herein.
Book29158/Page2894 CFN#20140362207 Page 1 of 8
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Page 2 of 8
NOW THEREFORE, the Owners knowingly and voluntarily covenant and agree
that the Property at 6050 Biscayne Boulevard shall be subject to the following
restrictions that are intended and shall be deemed to be a covenant touching and
running with the land and binding upon the Owner of the Property, and its heirs,.
successors and assigns as follows:
Section 1. 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.
Section 2. The Owners hereby freely make the following voluntary declarations
running with the land:
A. The title to the property located at 6050 Biscayne Boulevard,
described in Exhibit B, shall not be unified for zoning purposes with
any other portions of the Property. No Unity of Title or Covenant in
Lieu of Unity of Title will be presented by the Owners of the property.
B. The public right-of-way area to be vacated shall be described as an
ingress and egress easement available to City of Miami emergency,
code compliance, building inspection, and public safety vehicles at all
times. The Owners shall also make the ingress and egress easement
area available to the MiMo Association and the Palm Grove
Neighborhood Association, other associations or members of the
general public respectively, for historic tours and walks during non -
school hours upon request.
600k29158/Page2895 CFN#20140362207 Page 2 of 8
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C. The Owners shall make available to the commercial owners and
commercial tenants on Biscayne Boulevard any approved parking
spaces located at the Steam Lab Property, located at 6200 Biscayne
Boulevard, after regular school hours, by lease agreement.
Page 3 of 8
Section 3. Effective Date. This Declaration is effective at the date of execution
hereof. This instrument shall constitute a covenant running with the title to the Property
shall be binding upon Owners, their successors and assigns. These restrictions shall
be a limitation upon all present and future Owners of the Property and shall be for the
public welfare, and serve the public interest.
Section 4. Applicable L.aw & Venue. Florida law will apply to interpretation of
this instrument. Venue in any civil actions arising under this instrument shall be in
Miami -Dade County, Florida. Each party shall bear their own attorney's fees, except as
provided in Section Six (6) below.
Section 6. Amendment and Modification,,This instrument may be modified,
amended, or released as to any portions of the Property by a written instrument
executed by the then Owners of the fee -simple title to the land to be affected by such
modification, amendment or release, providing that same has been approved by the
City Commission after a public hearing which public hearing shall be applied for at the
expense of the Owner. Upon approval of such modification amendment or release as
specified herein, the Director of the City of Miami's Planning and Zoning Department or
his successor shall execute a written instrument in recordable form effectuating and
acknowledging such modification, amendment or release. Such instruments shall be in
a form acceptable to the City Attorney.
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Page 4 of 8
Section S. Inspection and Enforcement. 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, either to restrain violations or to recover damages. The prevailing
party in the action or suit shall be entitled to recover costs and reasonable attorney's
fees. This enforcement provision shall be in addition to any other remedies available
under the law. The award of attorney's fees to a prevailing party shall not be used or
enforced against the City of Miami.
Section 7. Severability. Invalidation of any one of these covenants by judgment
of Court shall not affect any of the other provisions of the Declaration, which shall
remain in full effect.
Section 8. Recording. This Declaration shall be filed of record among the
Public Records of Miami -Dade County, Florida, at the cost of the Owners, and the City
of Miami Planning and Zoning Director will be furnished a recorded copy by the Owners
within thirty (30) days of this Declaration being recorded.
Section 9. Authorization,
The Officer who is the signatory below is authorized to bind the Owners to this
Covenant.
(Signature Pages to Follow]
Book29158/Page2897 CFN#20140362207 Page 4 of 8
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ACKNOWLEDGMENT
INDIVIDUAL
Signed, witnessed, executed and acknowledged on this�� day of
1L 2014.
P(; 'S Q
Print Name
Signature
Print Name-
STATE
ame
STATE OF
COUNTY OF i
Print Name
The2tishman-4chool
By President/CEO
Address: n �-�
��i.� & to 0 � /
1
The foregoing instrument was acknowledged before me byr", _?'.0 Ue kq1 O
the —Pre I_deen CEO of The Cushman Scho I.
He/She ispers0� onally known to me or q has produced as
identification.
Witness my signature and official seal this day of2014, in the
County and State aforesaid.
My Commission Expires:
4 N0W11, Pablo Swa o1 F1MW.
s e .Sheryl Rodr**
y� MY COlaMI"im Fe 060505
EX**$121391 M
Notary Public State of r 1
Print Na e
1• • i '.•- iii
CFN#20140362207
Page 5 of 8
Page 5 of 6
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Miami -Dade Official Records - Print Document
Exhibit A
AL D �CRIt�
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COMY OF Mlatrd4Mde,STATE OF Fl, AND IS
DESCRIBED AS FOLLANS;
A potion of Sectlon 18, Township 53 South, Range 42 East, an yAg and teeing In MWOWade ,
being more particularly describect as follows, to wk Countyf%utda;
Bagid at POW 398.00 feat South and 556.00 fit West of ma Souftest corner of the Northwest onequarter of
section 19, thence run South 60 fact; tierce ran West 120 feat to a point; 8w 4e nm Nath 60 feet to a point;
thence nun East 120 fest to the paint W Beginning; LESS AND EXCEPT; however, a small tract of WW at the
Sothvberly armor of the Tract heft d=jbe l hereWWora Conveyed to the qty of Mond for street purposes,
said Tract being at the Northeasterly Int erseMkm or Northeast 60th $treatand Northeast Sth Avenue in the C.Ity of
Mlaml, Florida.. Said small tract of land le�d>Otut above is mora pauttLWady deaatbed as tollows:
0eglnrAV at a point 458.00 feet South of and 676,00 feet West from Bre Northeast comer of the Southwest
Graluartor of Sedlon 16, Township 53 South, Ran" 42 East, said [Mint being the Southeast armee of Bre weed
nentlanad tract Of land oortveyad by E,L. Enron to ElfzabRtM T. Eaton on August 12, 1926, and recorded in peed
Book 995, Page 101, of the Public Records of Mlam Wade Country, liorida; thonce East along the South line of said
NOW mentioned tract of land cenveyed to.Ekabeth T. Eaton, said line being parallel to and 450,00 feet SaAh of
the North the of the said Southwest One-quarter of 5ecdon 16, a distance of 207 feet, mora or less, to a Point of
curve; UMCa Nordnvesterty along the arc Of a tangenhai nave to the right haft a radius of 25,00 feat, a central
angle of 89 degrees 42 minutes 26 swoon ds, a distance of 39.14 fSeG more or less, to a Point of tangent on the
West line of Said second mentioned tract conveyed to Elizabeth T. E40"; thence South *rV said Wea line parallel
W and 676.00 feat West of the East Ile of salt Southwest O requattar of Section 18, a distance Of 24.67 ftet,
more or less to the Rohit of Beginning.
AND
Beginning at a POW of 324.62 feat South, and 556 reet West Of the SouBeast corner of the Noritwo st Orl"uaner
Of Section 18, TOWnshlp 53 South, Range 42 Ease thence $outh 73.33 ftl; hence bleat 120 feet; thence, North
73.33 feet; thence East 126 feet to the point of teeming,
AND
Beginning 258 feet South of and 5% feet West of the Southeast corner of Rha Northwest quarter of Section 18,
TownUdp 53 South, Range 42 East, thence West 120 feet; thence South 63 and one.tlid feet; Owu East 120
het: thence North 63 and ane third feet to the Polrt of Beginning; all lying and being In MlamH)We County,
FkMda.
Book29158/Page2899
(CONTINUE)
CFN#20140362207
Page 6 of 8
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AND
Begin at a POW 258 feet South and 496 feet west of the Southeast WW of the Northwest er
18, Township 53 South, Range 42 Past for a POk of Beginning; thence Was parape) to the Sough Ane one quarter Said of Section
NdihwestW*Iuartera distance of 60 feat; thence South Paraltal to the East kne of the Southwest waluatterof
Said Section 18, a distance of 200 feet; thence East Pere" to the Seut1 Ikte of said Na wAm w egwter, e
distance of 60 feet; tinertos North parallel to the East tine of said Southwest me -quarter a distance of 20o feet to the
Point of Bagkkhkg, lying and being in Miami -Dade Do", Florida,
AND
Those certain areas Or Parcels of lend situate In the Northeast ane -quarter of the Nortbast one -Warier of the
Southwest one-quarter of section 18, TowrtshiP $3 South, Range 42 East, particWatfy descrpred as foilass, to Wit;
Commattkg at a point 358 Poet South and 446 Poet West or the Southeast corner of are Nmthwa!st one-qutatter of
Section 18, Township 53 South, Range 42 East, and run South too feet; Uhenca Wast So Peso ttwn t North leo feet;
thence East So W to point of Be0lCatkrg
AND
Commencing at a poled 250 feet South, and 446 feet West of the Sadheast vomer of the Northwest orae quarter of
Seat 181 TaamhlP 53 South, Range 42 Past, and run South 100 feet;. thence West So thence NaWn 100 feet,
thence IGast 5o feet to r+ctnt of 6@ kv*g•
AND
All of Lots $, 9, 10 AND 11, (rWNak 3 of "MAP Op BAYSHORB", awarding to the plat thereof, as recorded in Plat 0ortk
5, Page 116, of tate PUWk Records of Miaml-Dade County, Florida.
AND
All of lots 1, 2,3,4,5,6 and 7, In Block W Of "RamMed Plat Shows g Blocks 4 & 6, Trods C & E of BAY SNORE o
according to the Piatth&f, as recorded In Plat Book 9, Page 60, of the PUbec Records of MIami4),de CID",
Said lands situated in the City of Miami, Miami -Dada CakKy, hila.
AND
Lots 1 through 6, Mx t*W, of Bkhdc 4, of REVISED PLAT SHOWIN13 BLOCKS 4 & 6, TRACTS C & E OF BAY SHORE,
according to the Plat thereof recorded In Plat Book 9, at Page 60, orthe public Records or Mlar*Dade County,
Ronda.
....._.. (CONTINUE)
AND
Beginnktg 258 Feet South or the Sartthaast touter of Northwest oneyuarter of Sector 18, ToyMship 53 South, Range
42 East thenpe run West 416 feet to a Starting point; thence South 200 feet; thence WeM 30 Pisco tierce North 200
feet; thence East 30 feat to the POINT OF BEGMNG.
AND
Commence at the Intersection of the tiny of Miami r"wRm errtOnes of N.E. 61St Street wort, NX-, 51h Avenue; thence
dire South, along the City of Miami Monument One of N.E. 5th Sweet, a distance or 142.01 feet, thence South
89°36156" East, a distem of 39.00"to die Soudwrest comer of Lot 29 of "VNMTES LEMON CITY", according to
the Plat thereof, as recorded In Plat Book "e', page 32 Or the Public Records a Miami -Dade Coady, tlaida; tlhance
owtlrm South O P36'66" East, along the South One of said Lot 29 and its Easterly o tanelon, a distanoa of 243.13
feet to the Northwest carter of L.ot 2 of "BAY SHORE RI VISED", according to the Plat thOW, 0$ recorded In Plot
Book 9, Page 60, of the public Records of MWW.Dade County, Wanda; Cher" South OOW13'5o' West, a distance of
200.00 feet to the Northeast Conner of Northeast 68th Street rtght-or•way, at its pokrt ofU@rmkhatkn attha West Area
of Lot J. of sold Plot of 'BAY SHORE REVISED" and the PWnt of 0u rknirg; tturnoa aotltrate Saute 80°0350" Wast
slag the West line Of Lot 1 Of Bald "BAY SHORE REYISEW Plat and its Southerly exaeFWM a dt5tarwe of
38.76 feet
to a point on the Sant, right line of Said N.E, 60 Street; tvenm MOM 09°3536" West, a distance of 22$,97
feet to a Point on the East right -CP -way line of Northeast Sir Ate; thence Wo 12°34'18" West, a atom of
54.40 feet to a point on the arc of a dwAar cava dontaye to the Northeast, haWng a radius of 25.00 feet and a radial
trearing of South 64°51125" West; thence Souttea$" and % day, through a central angle, of 64"2625 , an arc
uNStente of 20.12 feet to a Point on the North right-Cr-wey Ike of $W Nadvmt 60Sheat and a Pok targorhcy;
OW" Nett 89°3508" Wort along sold North right -0f my Inme, a dhtwm of 210.41 feat to the POW or t ogilrw ng.
Sold land situated in the day of Miami, Mlomi-Dede County, tRotWa,
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OR BK 2915B PG 2VOI
L -.As -r PAGE
Mw E" W feet of Lot 0, (ea the North 4 W of the Eadt," fed Ibr MK-*Wiky In W& -E- of THE ft -MD PIAT OF
WOS 4 & 6 AND 7PAM C & 0 OF BAY SHOOP *d
., icmdnq to the plot dWwf 08 MM In Pkt 60* 9, PAPA Of
the pUb#C Roo* of KWOade 00wty, rokle; ONO ftjEw of Lot IS and tote 19 and zo, We tho Naft 4 069 Ikw
O$W way, of S. LB40N CRY, aOMft tD ft plot dMa as mwyded In Plot Sook W, ftp A or the W*
Roo* of ftmwade Mwty,
Book29158/Page2901 CFN#20140362207 Page 8 of 8
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"Transportation Recommendations"
Nunez, Efren
From: Soria Cordero, Irene
Sent: Wednesday, June 08, 2016 4:11 PM
To: Nunez, Efren; Worth, Collin
Cc: Harris, Sandra
Subject: RE: Cushman School - Traffic Study
Good afternoon Efren,
As previously discussed, the traffic study provided is for an enrollment of 499 students and it states that is not currently
proposing any increase in student population or changes to theirschool arrival and dismissal schedule. More so, it didn't
include any analysis on NE 5 Avenue that is currently being use for primary and middle school drop-off/pick-up of
students. In addition, it states that there is no sufficient parking for the school staff on site and that personnel use on -
street parking along NE 5 Avenue. The study mentioned that they have a total of 52 vehicles stocking site, however, the
trip generations shows that from 7:30 am to 8:30 am (peak hour) the school generates 535 total vehicular trips, that 329
are vehicle in and 293 are vehicle out. Additionally, the report submitted is from 2013 and it didn't consider future
growth as they didn't expect to grow. Therefore, it didn't project the current volume along Biscayne Boulevard for
future years.
We will recommend an updated study that include their proposed student enrollment increase, existing traffic volume
condition along Biscayne Boulevard, as well as adding NE 5 Avenue and NE 61 Street in their analysis. In addition, a
traffic operation plan for their queuing/stacking should be included with consideration of managing all trips on their site
internally.
Collin — Please reply to this email if you have any other comment.
Please let me know if you have any questions and/or would like to further discuss.
Thank you very much,
Irene
1 ret w,, S. S&Kc+, P.E.
Senior Project Manager I Transportation Engineer
City of Miami I Capital Improvements & Transportation Program
444 SW 21a Avenue, 8 Floor, Miami, FL 33130
Office: 305.416.1020 1 Fax: 305.416.2153
Email: isoriacordero@miamigov.com
www.miamigov.com/capital!mprovements
From: Nunez, Efren
Sent: Tuesday, June 07, 2016 4:14 PM
To: Worth, Collin
Cc: Soria Cordero, Irene
Subject: FW: Cushman School - Traffic Study
From: Nunez, Efren
Sent: Tuesday, June 07, 2016 4:10 PM
To: 'rlg@miamidade.gov'
Cc: Worth, Collin
Subject: FW: Cushman School - Traffic Study
Good afternoon Ricardo:
As per our phone conversation today... Just want to verify that an increase in students either an additional 19 or 30
students would require an amendment to the Traffic Operation Plan for Cushman School? Said plan would be reviewed
and approved by MDC...
Efren Nunez, Planner II
Planning & Zoning Department
City of Miami
' 305.416.1402
- . EfrenNunez@miamigov.com
From: Ben Fernandez[mailto:bfernandez@brzoninglaw.com]
Sent: Monday, November 23, 2015 5:18 PM
To: RLG@miamidade.gov
Cc: Nunez, Efren; Richard; Daniel Koffsky (dan@skylinemgmt.com)
Subject: Cushman School - Traffic Study
Ricardo, thanks for your time today. As we discussed, I am requesting an email from your Department to Efren Nunez at
the Miami Planning Department confirming that you have reviewed the plan for the Cushman School which includes a
new multipurpose building for athletics and the performing arts.
As we discussed, the plan maintains the same student population that was described in the traffic study prepared by
RGA, Associates. The new construction is limited to ancillary athletic and performance areas that will serve the existing
school population. Enclosed is the proposed plan for the school and the previous Traffic study submitted in relation to
the school and the vacation of street that runs through the campus.
We are now in the process of applying for the approval of the multipurpose building and the City requires this email
from you to allow us to file for the public hearing.
Please confirm that you received this request and let me know if you need anything else. I have attached the study for
your reference. Thanks again.
• Vcard
Nunez, Efren
From: Gavilan, Ricardo (DTPW) <rlg@miamidade.gov>
Sent: Tuesday, June 07, 2016 4:42 PM
To: Nunez, Efren
Cc: Worth, Collin
Subject: RE: Cushman School - Traffic Study
Hello Efen,
Correct, the traffic operation plan provided to the county must be congruent with the school enrollment and
application approved by the city.
From: Nunez, Efren[mailto:EfrenNunez@miamigov.com]
Sent: Tuesday, June 07, 2016 4:12 PM
To: Gavilan, Ricardo (DTPW)
Cc; Worth, Collin
Subject: FW: Cushman School - Traffic Study
Good afternoon Ricardo:
As per our phone conversation today... Just want to verify that an increase in students either an additional 19 or 30
students would require an amendment to the Traffic Operation Plan for Cushman School? Said plan would be reviewed
and approved by MDC...
A,IN erg Efren Nunez, Planner II
Planning & Zoning Department
l4it
City of Miami
305.416.1402
of
EfrenNunez@miamigov.com
From: Ben Fernandez [mailto:bfernandez@brzoninglaw.com]
Sent: Monday, November 23, 2015 5:18 PM
To: RLG@miamidade.gov
Cc: Nunez, Efren; Richard; Daniel Koffsky (dan@skylinemgmt.com)
Subject: Cushman School - Traffic Study
Ricardo, thanks for your time today. As we discussed, I am requesting an email from your Department to Efren Nunez at
the Miami Planning Department confirming that you have reviewed the plan for the Cushman School which includes a
new multipurpose building for athletics and the performing arts.
As we discussed, the plan maintains the same student population that was described in the traffic study prepared by
RGA, Associates. The new construction is limited to ancillary athletic and performance areas that will serve the existing
school population. Enclosed is the proposed plan for the school and the previous Traffic study submitted in relation to
the school and the vacation of street that runs through the campus.
We are now in the process of applying for the approval of the multipurpose building and the City requires this email
from you to allow us to file for the public hearing.
Please confirm that you received this request and let me know if you need anything else. I have attached the study for
your reference. Thanks again.
Vcard
BEN FERNANDEZ, ESQ.
Bercow Radell & Fernandez
200 South Biscayne Boulevard, Suite 850
Miami, FL 33131
305.377.6235 1 Office
305.978.2866 1 Cell
305.377.6222 1 Fax
bfernandez@brzoninglaw.com
x
The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual
named above and others who have been specifically authorized to receive it. If the recipient is not the intended recipient, you are hereby
notified that any dissemination, distribution or duplication of the communication is strictly prohibited. If you have received this
communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300.
BEN FERNANDEZ, ESQ.
Bercow Radell & Fernandez
200 South Biscayne Boulevard, Suite 850
Miami, FL 33131
305.377.6235 1 Office
305.978.2866 1 Cell
305.377.6222 1 Fax
bfernandez@brzoninglaw.com
d.0N1NC.5, &_AN9.4 4.1Ul- Ar1dLi ¢::N VII??hO:ML.H' I`fi.6_ LAW
The information contained in this electronic message is privileged and confidential and is intended only for the use of the individual
named above and others who have been specifically authorized to receive it. If the recipient is not the intended recipient, you are hereby
notified that any dissemination, distribution or duplication of the communication is strictly prohibited. if you have received this
communication in error, or if any problems occur with transmission, please immediately notify us by telephone (305) 374-5300.
"NET Recommendations"
Nunez, Efren
From: Blanton, Sharie
Sent: Friday, June 03, 2016 4:07 PM
To: Nunez, Efren
Subject: UES NET comments RE: Cushman School - Expansion?
Section 3 should be amended to include. "...for low income students residing in the 33137, 33127 and 33150 zipcodes."
Section 3. Minority Scholarships. The owner agrees to provide a total of fifteen (15) full minority
scholarships per year.
Kind regards,
'k
Your link to the Magic City
Sharie Blanton I Administrator
Upper Eastside NET City of Miami
6.599 Biscayne Blvd Miami, FL. 33138
New Office: 305.960.5118
sbianton(a)miamigov.com
WA Please consider your environmental responsibility before printing this e-mail.
From: Nunez, Efren
Sent: Friday, June 3, 2016 3:39 PM
To: Blanton, Sharie <SBlanton@miamigov.com>
Subject: FW: Cushman School - Expansion?
Revised per the applicant....
From: Blanton, Sharie
Sent: Thursday, May 19, 2016 2:58 PM
To: Nunez, Efren .
Subject: RE: Cushman School - Expansion?
I