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HomeMy WebLinkAboutM-93-0132CITY OF MIAMI, FLORIDA INTER OFFICE MEMORANDUM TO FILE DATE March 5, 1993 FILE February 25, 1993 ;attyVHirai fission Meeting PZ-3 - MOTION 93-132 ' SUBJECT FROM City Clerk REFERENCES ENCLOSURES On February 26th, Sylvia Lowman, of my staff, called the Law _ Department in connection with M-93-132 (PZ-3). The action taken by the City Commission at that time (as recommended by the Assistant City Attorney) was literally "to allow applicant (American Welding Society/Francis G. DeLaurier) to withdraw a W covenant previously required of them by the City Commission through R-91-438 concerning required parking space." In going back to our records, we found that there was no such covenant and that the Commission's request was contained in R-91- 438, Sec. 2, which reads, in part, as follows: "(1) applicant shall submit a complete application for a change of zoning for Lots 5, 6 and 10, Block 2, GOLF COURSE PARK, as recorded in Plat Book 43 at Page 3 of the Public Records of Dade county, Florida, to C-1 Restricted Commercial and (2) the 10 parking spaces on the said lot 10 shall be retained in perpetuity to provide additional parking spaces for the subject property; said variance having a time limitation of twelve months in which a building permit must be obtained, is hereby granted." When Commissioner Plummer (at the meeting of February 25th) addressed this issue, he expressed that he had been to the property and was satisfied that no parking problem existed, and that the item should be withdrawn. Miriam Maer, of the Law Department (speaking for the City Attorney) informed Commissioner Plummer that what he should actually do was to permit applicant to withdraw a prior covenant; thereby avoiding the need to amend the covenant. Since no covenant existed and since the Commission's requirement was contained in Section 2(2) of the above -cited resolution, we felt said resolution should have been amended to release applicant from the parking requirement. Ms. Maer disagreed and expressed that just withdrawing the item would be sufficient. The herein memorandum is being written to memorialize this incident. MH:sl � 5 y- L m 6/20/91 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, OFFSTREET PARKING REQUIREMENTS, TO ALLOW A 3,462.275 SQUARE FOOT ADDITION TO THE EXISTING OFFICE BUILDING (AMERICAN WELDING SOCIETY) FOR THE PROPERTY ZONED C-1 RESTRICTED COMMERCIAL, LOCATED AT 550 NORTHWEST 42ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), (THE "SUBJECT PROPERTY") AS PER PLANS ON FILE, PROVIDING 0 OF 29 REQUIRED ADDITIONAL PARKING SPACES SUBJECT TO APPLICANT PROFFERING A COVENANT ACCEPTABLE TO THE CITY ATTORNEY PROVIDING THAT: (1) APPLICANT SHALL SUBMIT A COMPLETE APPLICATION FOR A CHANGE OF ZONING FOR LOTS 5. S AND 10, BLOCK 2, GOLF COURSE PARK, AS RECORDED IN PLAT BOOK 43 AT PAGE 3 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. TO C-1 RESTRICTED COMMERCIAL; AND (2) THE 10 PARKING SPACES ON THE SAID LOT 10 SHALL BE RETAINED IN PERPETUITY TO PROVIDE ADDITIONAL PARKING SPACES FOR THE SUBJECT PROPERTY; SAID VARIANCE HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of June 3, 1991, Item No. 2, duly adopted Resolution ZB 29-91 by a six to three (6-3) vote, denying a variance as hereinafter set forth; and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the variance; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that there are peculiar circumstances affecting this parcel of land and that practical difficulties and unnecessary hardships exist which impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: My COMMSSION MEMG OF J U N 20 1991 1 4381 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Miami Zoning Board in this matter is reversed and the request for a. variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, Offstreet Parking Requirements, to allow a 3,462.275 square foot addition to the existing office building (American Welding Society) as per plans on file, providing 0 of 29 required additional parking spaces, for the property zoned C-1 Restricted Commercial, located at 530 Northwest 42nd Avenue, Miami, Florida, also described as Lots 7-9 inclusive, less East 15', Block 2, GOLF COURSE PARK, as recorded in Plat Book 43 at Page 3 of the Public Records of Dade County, Florida, subject to applicant proffering a Covenant acceptable to the City Attorney providing that: (1) applicant shall submit a complete application for a change of zoning for Lots 3, 6 and 10, Block 2, GOLF COURSE PARK, as recorded in Plat Book 43 at Page 3 of the Public Records of Dade County, Florida, to C-1 Restricted Commercial. and (2) the 10 parking spaces on the said lot 10 shall be retained in perpetuity to provide additional parking spaces for the subject property; said variance having a time limitation of twelve months in whioh a building permit must be obtained, is hereby granted. Section 3. This Resolution shall become effeotive immediately upon its adoption. PASSED AND ADOPTED this 20th day of _ June 1991. 2JE R L. AREZ. YOR ATTEST• MAT IRAI, CITY CLERK - 2 - PREPARED AND APPROVED BY: G . M TAM MAM CHIEF ASSISTANT CITY ATTORNEY :4 APPROVED AS TO FORM AND CORRECTNESS: 4JO E L, FERNANDEZ CI Y AT ORNEY _— GMM:ra Z280 72! 3 s - s yvp t t ty kl a m'- ilTf, K�viv. Mddj . - m k uL Yi F 'x .✓.0 f. APPLICANT RfQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHM ?m American fielding Society/Francis G. OeLaurier, SSO N.N. 42 Avenue Lots 5, S and 10 of Block 2, GOLF COURSE PARK, as recorded in Plat Book 43 at Page 3 of P.R.O.C. PETITION Consideration of mending Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan, 1989.2000, Future land Use Rap, by changing the land use designation at 550 N.Y. 42 Avenue from Residential Duplex to Restricted Commercial. PLANNING RECOlr1EN M ION Denial. ®ACKGNM AND On dune 20, 1991, the City Commission passed Resolution 91-43S, (see ANALYSIS attached), which granted a parking variance to the American Welding Society for 29 of the required spaces; a condition of said variance was that the appiicarit submit a complete application for a change of zoning on the subject Property. A land use awwbot was also required. The proposed charge in land use would represent an illogical coaaercial intrusion into a duplex neighborhood by extending commercial land uses into the area along a residential street which is currently not suitable to handle the increase in vehicular traffic. The Planning, kilding and Zoning Oepartmi; ree mm ation is for denial as presented. pLgml l ABiIISW At its neet%S of Docembor 9, 19929 the Pimaitas Advisory Board MW adopted Resolution PAS 40-92o by a mote of 6-11, recoa nd3n approval of the above. APPLICA'"ON NiN M 92• 51 item g 2 at/I1J13 93- Page 1 .13`� rill e%r-TIk1f-m"A1 11 �tj DU PLi QF-q1n A&A .'. �. "Mmrolimmmm i m M44 T "A" =;a I 410 II ,e • 0 off IN es ac S. �# I , � • • o � Si NW. 4 —� -N3. ;p a It ec L • Not s' W i To a L.E MNE CD(M M A w N • FL A. 4p4 , ..� UPVCCa. $Us O i ' T SD-lmL D � -7— 1 1 Ill IND i' r� s • fill o•='� � � �3p��IliY�'L�^0RR IO n.�lYt�F o� �y � aiovoaoo+emeseo oYammm�. --_ � • � I• .. e• 1• /f lad 11 • � .�. — S S * - a ' » 'o • 1• 1+ • I• 1• IT to = I• 1• 9 • toM 1a 1 1• 1' • • • • • a 1 1f 1 1 l • • • T -_ w s� 10 t • • A• 1i, A N 1• 1• 11 I• — _ N l a a• e 1•IT1 a sr as• a in13 Z •l i f A • • A 11 I• • • t s 1• • T • 1. 1!1 If 1a 11 N • e f f 15 it _ • 11 • of I• 1• » i>! « .e � • ! _O C H PARK I®R HIGH. MENTA R T 'y SCHOOL HOOL} i Poe �� TQ♦ f i a A� I( 1 11 A• 1 1 a 1 1 +• IT /• 1• � I a of f a .f M ql 1 • • • Z STZZ a' • _ •• a • . T T 1• _ a• t33 - 13 2 - 11 as 11 as � 11 _ 1, s am ,I CASE tER 92-51 P A 0 - ITEM 02 December 9, 1992 ANALYSIS OF PROPOSEQ COWRENERSIYE PUM AMENOWNT NO.92-10 Lots 5. 6 and 10 ,_in Block 2. located at aoproximately 550 nN 42nd Avenue DISCUSSION The subject 0.69 acre parcel is located in the block bounded by MW 42nd Avenue we (Woune Road) and 43rd Avenue, beten NM Sth and 6th Streets at approximately 550 MW 42nd Avenue, in the Flagami Planning District. MCNP Land Use Policy 1.6.1., establishes future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The subject property is currently designated Residenti-al Duplex. The rest of the block west and blocks south and north are similarly _ designated; to the east there is a Restricted Commercial land use designation, fronting Woune Road. The Duplex Residential land use catego pemits residential structures up to two dwelling unit% each to a maximum Zensity of 18 dwelling units per acre. Permissible uses include places of worship, primary and secondary schools, child day care centers and adult care centers in suitable locations subject to planning director approval. Comunity-based residential facilities (14 clients or less, rat including drug, alcohol or correctional rehabilitation facilities), also will be allowed pursuant to applicable state law. - The Restricted Comaercial category accommodates com rcial activities that Ie wrally serve the daily retailing and service needs of the public. esidential uses up to high. density multifamily, including hoteli; are also pervissible within this land use category. Comarcial uses include general PAD 12/09/92 93- 132 ase°Iof2 g ri retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses described above. Other permissible land uses include motels and hotels, residential facilities, offices major sports, exhibition or entertainment facilities. Mixed -uses of commercial, office and/or residential are also permissible within this land use designation. The Planning, Building and Zoning Department contends that the increased densities with the possibility of more intense commercial uses intruding into the existing low density residential neighborhood created by this amendment are not consistent with the future low density land use pattern that is proposed for the area. A change such as this is also in conflict with certain other policies of the MCNP. Land Use Policy 1.1.3. requires that all areas of the City be protected From encroachment of incompatible land uses. Mousing Policies I.I.S. and 1.2.7. require the City to preserve and enhance the general appearance and character of the City's neighborhoods. Housing Policy 1.1.7. requires that the City control large scale and/or intensive commercial and industrial land development which may negatively impact residential neighborhoods. Land Use Objective 1.3. requires the City to encouragge commercial, office and industrial development within existing commercial, office and industrial areas. These policies support the position that the existing land use pattern in this neighborhood should remain the same. At the present time, the commercial area east of the site has sufficient capacity to accommodate additional commercial uses. In addition, Land Use Policy 1.1.1. requires new development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon the availability of public facilities and services that meet or exceed the minims L05 standards adopted in the Capital Improvement Element (CIE) Policy (Policy CI-1.2.3.). The attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. Doc:[robert]<robert>92-10amen 5 PAS 12/09/92 Item i2 9 3- 132 Page 2 of 2 '11-10.UNIA CI?? or MIMI ►LAMMT"a MPAa11�eM1' trs0esal 11G.: 91-10 1llAS? Or MOVOM ll **V" T TO L.APO Ult PW Otte: 11/09/12 NTtfII1 A 'AAWO#TATTON Ct"IMN MfJl�lr I1f01ldtt0lr --e-- ----------- ----.» ... _�. » .. _...»......�.-. . r COeC'Sl�T A2iAt.tfll! b Jypliaenc ANetbesa UOWA * lealsty r f1OMATION AND QOtr fPACS r AAAeaest 110 0 42 Ave. Rsprletlm tikenOMt, MetMte 221 i toner NowtvIsls. Nap swaaary ltreetal worth: 0 s ft. : t*ema cowity Meth Aagv 22.1if I 1 festal 0 1 ft. I Lase s COWLty After that" 24.01 1 I tut: er 42 AVO. ( C keweleft" thGseGtt ell I i No": I - �. «.«.-.......• r..- •.«.. �.. . I I VoTAIRS ULM TlMd2"tOR 1 trsstw4 hetleasian. if sm" Came QM totemAlty I rGramues toorawsm. haleness Is? I I %wiMtial 0.1 aGam 0 10 Waste 12 M's I UNLUrasisa MNuwntt. yfa 11.113 1 1 Owe f q. tt.I 0 ru 0 q. A. I Reaass Capaeity Before Clss" sat above doomed I Mat &Gee tents" -Its* Onatstiea T f tamN CapGtity Aft" late" 3.11 &blare aetoA I I I Cseswsrwwty Chseeeft Olt I I ftepbea ew&q Usua. Resifts Last Get lamany I-- ____ I I 01041,4101tiol 0.1 aeas 0 ISO w/saw 101 Ws I awtvUll IMwlwa "NAPMffIOe I I Otmr 0 q.R.l 0 FAR 0 ro•fs. I r"ft"Rua IeGameas. aariasats I21 1 ft" $tr Pewee -trip Ques"ebae t0 I TrOMMUSSUM ae*AuaeYt. 9" 42.922 1 towswe Capeabsy bbw Chaws bit Me" ahead I I Not teasaeet with ffegee" AGgs, I some I.apsSty After Cane 9,10 seta avaa0 I I reptu"m Is? 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I 1 potable .rase ad m90wmw treenrmue sePGseslw an IS i 1 1 Gasetillam am I0*94,0 ie Oaoty GlNae- Gaps Atha M, aae f f 1 "wow owewt. Awvlse GeeaeGtAsea to waver ad sewer 1 i I aHaG rw w Met is in of sawsuss Hal Lt on. now Geneva- 1 i 1 thane to M IaatGLW M Gsoer'a wee. Rnaeeti-IOps i i f I 0pun seam" agLLROM"a ad "W"s Mousla m We I I plarwA tAe assums peGamd olos i. ponatLe drrfAw I empautim aft Loll tee TWO M-21311. Mete ad MALVOLt. POOR 93- 132 CITY OF MIAMI PLANNING, WILDING AND ZONING DEPARTMENT 275 N.W. 2 STREV MIAMI, FLORIDA 33128 Application I Date: // � E APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62.17 of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans, or a portion thereof, shall be reviewed by the Planning Advisory Board to determine whether changes in the amount, kind or direction of deve opment and growth of the city or area thereof or other reasons make it necessary or beneficial to sake additions or amendments to the comprehensive plans, or portion thereof. If the City Commission desires an amendment or addition, it Nay on',its own motion, direct the Planning Departant to prepare such amendowt for submission to and review by the Planning Advisory Board. The Planning Advisory Board shall make a recommendation an the proposed plan amextdment to the City Commission within a reasonable time as established by the City Commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the sass as the procedure for original adoption. This petition is proposed by: tX ) City Commission Planning, Building and Zoning Department Zoning Board N=icm veld tq Soc:ia:ty Other i Please Specify: The subject property is located at 550 N.W. 42nd AVInU8, MUMio FL 33126 AND MORE PARTICULARLY DESCRIBED AS: Lots) 5. 6 and 10 Block(:) 2 - Subd i v i s i on =X 00= PAM( an rs=wded in Plat Bo* 43 at Page 3 of tips Pblic aw=as of Deft 0 rionax Page 1 of 3 VA 93- 132 The undersigned being the ormtr or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the land Use Plan: FROM: El Mai tial dWI&A TO: Cl Aestricted O mercial Please supply a statmnt indicating why you think the existing plan designation is inappropriate: The existiN plan designation is inappropriate bsomwe it fails to oonform to the intent of the Miami, City Cmmdssian to uni!2!Mnlly designate the property Please supply a statement justifying your request to change the plan to your requested plan designation. 7ba requested p1m dnl(J Ation is appropriate bee mm it vontaaans to this intent of the HLami City Omission to uni f oaas & desiccate the me armed by the Amrican Weldityq Society as messed dosing the Kiami City Oamsissi an negating held on Jtms 20, 1991 and sutsequeritt3yadopted in 91-438. ilhat is than acreage of the property being requested for a dwge in plan desipationt Lis 5-6 20,165. 40 ft;Xot 10 10,180. 05 ft. s Total 30, 345.45 ft. Page 2 of 3 93-- 132 r 13 Has the designation of this property been changed in the last year? a Do you own any other property Within 200 feet of the subject property? Yea If yes, has this other property been granted a change in plan designation within the last tweye months? NO,,,,,_,R,,, Have you Made a companion application for a change of Zoning for the subject property with the Planning and Zoning Boards Administration Department? ye .s Have you filed with the Planning and Zoning Boards Administration Departeept: Affidavit_of ownership? _ yea _ List of owners of property within 375 feet of the subject property? Yes Disclosure of^ownership fors? ,YO-S. if ot, please supply them. i SIGNATURE ;' , `� , f DATE f NAME Francis G. Del aurier, � tiv8 Dix+ector, American Welding Sc=ety ADDRESS PHONE (305) 443-93S3 STATE OF FLORIDA } SS: COUNTY OF DATE } id, FL 33126 ftwcifs G. DerAuxier ve Director. being duly sworn, deposes and says that he is the (owner)Agent forowner) of the real property described above: that he has read the foregoing answers and that the same are true and complete; VW (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. (SEAL) SWORN TO AND SUBSCRIBED before me this #i day .... of MY COMMISSION EXPIRES: nF Mcyt 1V% ma. iys. % eslac *wftaw naoc k�Ltx aP.M Computation of Fee: Receipt /: Page 3 of 3 93- 132 0 m STATE Of MORIDAj yes COUNTY Or DAD& ) 0elore so, the wworsivnad authority, this day personally appeared De LaurieExecuC ve Dime r pPe Francis D. 4�. r/�.�...�, +�$ being by sae first duly sworn, upon oath, deposes and says# I. That he is the owner, or the legal representative of the owner, subsitting the acconganying application for a public hearing as required by Ordinance 11000 at the Code at the City of Kimi, rlorida, effecting the awl property located in the City of riiasoi, as described and listed on the pages attachod to this affidavit aged eade a past theamt. 2. TAac all owners which he represents iP any, have en their full and ter Qiv: ooeplate permission for his�eo a�� in their behalf for the change or modification of a CUSeiliication or regulation of sad" w sat out in the acc� potion. 3. That the pages attached hereto an* made a part of this &MUM it coatain the current nears, wily addresses, Phone '-,Mkl so sod legal dweriptioas for the real property which he is the owner or legal representative. !. TM facts as represented in Uw application and doctsments submitted in conjunction with tails affidavit are true wad correct. Further.Affiont sayeth not. -i (dYAL; __ Lauri�ur FARS AIWI:cie fwmru to and itoscribed betors�q/w this "y df11! a ••-RETM K4ftdaftst Large AN IWI O'.MS ' s v'"er, I lam American weldin Societ yi 1 inq A4artsf 550 N.W. 42nd Avenue, Miami, FL 33126 'ligament huMer .(305) 443-9353 _*941 'estri2t�On: Lots 5, 6 and 10, Block 2, GOLF COURSE PARK, according to the Plat thereof as recorded in Plat Book 43 at Page 3 of the Public Records of Dada County, Florida. Mai 1 i nq Address Te l"hone Nweer Leal Description: �MAlgt"'! if�e Midi t 181 Addre82 Toles"one ll�gr L"Al Description: Any otaer real auto property o+nod infividvally4 ,jointly # or sewrally (by eorperatleal partllersaip or privately) n1t1Nd 371' of tM1 IVDjwt site is 11" as fo➢ietis: 5t>°9it Ad&6S 550 Y.W. 42nd AwAue Miani, R 33126 $trait A46,01S Laeat Dowmaien All. Lots 71 8 and 9 less the_Zast 13.00 foot thsrsof, Block 2, GOLF COURSE PAIR, according to the Plat Ar���t a ctRecords of `mat Oast; 40 10" itrw s 1 ai Ge ri pt! 7p 93- 132 1. Legal desac:pczw and street addss at wism real atowmv z.�ts 5, 6 and 10, Block 2 GOLF COURSE PARK, according to the Plat thereof, as recorded in Plat Book 43 at Page 3 of the Public Records of Dade County, Florida; 4216-26 N.W. 6th Street and 4227 N.W. Sth Street, Miami, Florida 33126, respectively. Z. .OAsr(s) of suojett reel pe'a"rty awd Pereentagr of oweerahig. Motes City of MIA" Ordu'u m "a. 1419 V"PiXW dial ACOM o! all Paetiee a'ivirq a finanew interesto eitber dirsee at indite. in 010 ewjea nuttse of a presentation. request or petition to the City Comission. Aecordingiy, gmation t2 reep &CIS diselosnse Of all sbaten 140" a! *aaI M 0, sew". bseisiisiasier of truces, aeWOC am oefrsr uusrss ed pasties, towAst Wien Watt addsesm and PZWN tame interest. hmarican Welding Society 550 N.W. 42nd Avenue Miami, Florida 33126 100% 0WAreh£p 3. LapL 4ssatiption ad street addsrsr o9 nay teal peepesty (a) o wd by my VKW listed in gown to quwtgn 02, aid (b) loosesd witaL't 179 feet a9 the an )*= Tsai popsety. AA 3 a Lots 7, ® and 9 less the East 15.00 feet thereof, ocK� 3 GOLF COURSE PARK according to the Plat thereof as record io4lat Book 43 at Page 3 of the Public Records of Dade County,Vlorl& . 550 N.V. 42nd Avenue, Miami, FL 33126 -v w FRANCIS G. DeLA ER Executive Director set American Welding Society C=a t! D= . win day memo dsPw" " SEP ae I.s OR lMe aw tog Qum I of tw we" Pgop rty dowwad in aw"T to epmtim no momas to No =4 90 AW won= and On 08 e nee tars and t aA t MMWAT for Ward am he ba0 ausaoriET to Chu ouwuww dd 0 am = tasr U ap as oaw. • lei.) t• 1 w Am ..&WO -0 Pstte 93- 132 40:4- 10� ,--91 S fit 10 Ate oafvice toss 4w ad ��� Y ram► at Uwp a • Francs . f7eUV duly WAMP d"Mos and gap EIR me u the MY WCZM Executiziof UXISAC W ing Svc: the ors of the real p&vpswey =6=15so zn anwwst to gmucn 9:, 43wit tnat fnl nas read the toruq inooessf that the sam are tru* " ccsR- platsf AM that ho has fft &MMity to ""Uto this DisaiosM of Oisr► ship foss on b"f of trs CMOs. Francis Q. Do vriar Executive Di actor American Wald Society 9 3 — 132. "*Oft9S1CNRL ASOOCIATICIN ATT©P94EYS AT LAW 1"0 SP1CKELL AVENUE - PENTMOU15t Tex l► i, FLoaIDiA, 3otoi TIMCPMONE (,011) 371-4797 TELtCOPIRR (305) 3u-860e 40$ NOPTM 10AR•OR CITY OOVLCVARO M<LGOURN9, 9' OMOA 38938 WMITaft i DINCCT NO. November 6, 1+992 Mrs. Nancy Rodriquez Administrative Assistant Planning, Building and Zoning Department Hearing Boards, Division 275 N.V. 2nd Street Miami, Florida 33233 Re: AUMCAN If=11M„MIM Dear Airs. Rodrigues: Enclosed please find an onqanal Comprehensive Plan Amendment submitted on behalf of the American Welding Society along with a check in the amount of $1,550.00 made payable to City of Miami. I would appreciate your scheduling consideration of the Com rehensive Plan Amendment and Application for Amendment to Z oning Atlas, previously submitted, before the Planning Advisory Board, City Commission and Zoning Boards at the earliest available dates. Please feel free to phone me if you have any questions, or if I can assist you in any ray. Thank you for your assistance with this matter. ve truly pours, Barbara L. Sadaka BLSJldv enclosure »r�f,Nal.aos 93- 132 9 It R 620/91 438 RESOLUTION VO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. ARTICLE 4. SECTION 401, SCHEDULE OF DISTRICT REGULATIONS. C-1 RESTRICTED COMMERCIAL OFFSTREET PARKING REQUIREMENTS, TO ALLOW A 3.482.275 SQUARE FOOT ADDITION TO TIE EXISTING OFFICE BUILDING (AMERICAN WELDING SOCIETY) FOR THE PROPERTY ZONED C-1 RESTRICTED COMMERCIAL, LOCATED AT 550 NORTSWNST e9ND AVENUE, MIAMI. FLORIDA (MORE PARTICULARLY DESCRIBED BRUIN). (THE "SUBJECT PROPERTY•) AS PER PLANS ON FILE. PROVIDING 0 OF 99 REQUIRED ADDITIONAL PARKING SPACES SUBJECT TO APPLICANT PROFFERING A COVENANT ACCEPTABLE TO TIE CITY ATTORNEY PROVIDING TEAT: (1) APPLICANT BEAU SUMMIT A COMPLETE APPLICATION FOR A CEANGE OF ZONING FOR LOTS S. 6 AND 10. BU= S. GOLF COURSE PAR=. AS RECORDED IN PLAT 3009 43 AT PAGE 3 OF TIE PUBLIC RECORDS OF DADS COVXTY. P`LORIDA, TO C-1 RESTRICTED COMMERCIAL; AND W TIE 10 PARKING SPACES ON THE SAID LOT 10 SMALL BE RETAINED IN PERPETUITY TO PROVIDE ADDITIONAL PARKING SPACES FOR THE SUB<TEL''T PROPERTY; SAID MMANCE RAVING A TIME LIMITATION OF TWELVE MOMS IN WEIR A BUILDING PERMIT MUST 31 OBTAINED. WHEREAS. the Hiaat Zoning Board at its meeting of June 3, 1991. Item No. Z. duly adopted Resolution ZB 29-91 by a six to three (6-3) vote, denying a variance as hereinafter eat forth; aZd i WRIM"S. the applicant has taken an appO&I'a to City -R Commission from the deaial of the variance; and WEER.E' AS. the City Commission after careful-gonsidiration of this matter. and notwithstanding the decision Q1 the Zoning Board, finds that there are peculiar circumstances affecting this _2 parcel of land and that practical difficalties Bad unnecessary hardships exist which impair the owner's right to the roasonable use of the property vithaut the grant of variance as hereinafter _ sex forth; 3W. TEEIREP'OAE. BE IT RUMV0 BY TR2 COIMISION OF TEE CITY OV HIAKZ. FWPMA: / 3 cm COMMON 93— 132r, JUN so 1991 Section 1. The recitals and ff. .ngs contained in ,he Preamble to this Resolution are hereby adopted by reference theretw and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Miami Zoni f Board is this matter is reversed and the request for a variance from Ordinance No. 11000, as amended. the Zoning Ordinance of the City of Miami, Florida, Article 4. Section 401. Schedule of District Regulations, C-1 Restricted Commercial, Offstreet Parking Requirements, to allov a 3.462.275 square foot addition to the existing office building (American Welding Society) as per plans on file, providing 0 of 29 required additional parking spaces. for the property zoned C-1 Restricted Commercial. located at 940 Borthvest 42nd Avenue, Miami, Florida. also described as Lots 7-9 inclusive, less east 101. Block 1. GOLF COUMZ PARZ. as recorded in Plat Book 43 at Page 3 of the Public Records of D"4 County. Florida. subjeot to applicant proffering a Covenant acceptable to the City Attorney providing that: (1) applicant shall submit a complete application for a change of zoning for Lots S. B and 10, Block 2. GOLF COURSE PARK. as recorded in Plat Book 43 at Page 3 of the Public Records of Dade County. Florida. to C-1 Restricted Commercial and (2) the 10 parking spaces on the said lot 10 shall be retained in perpetuity to provide additional parking spaces for the subject property, said variance having a time limitation of twelve south@ in which a building permit gust be obtained. is hereby granted. Section 3. This Resolution shall become effective immediately upon Its sdoptioa. PASBSD A310 ADOPTSD this _.W=- day of gnaw . 1001. o� 01-02A VIER L.MAM a ATTZSTA- XATTArtlux. CITY MMZ 9 3- 132 PREPARED AND APPROVED SY: XAZR CRIED ASSISTANT CITY ATTORM APPROVED AS TO FORK AND CORRECTNESS. i r DSCIAI %TXON OF REST&ICTIVB COVANANTS This Declaration of Restrictive Covenants (the "Declaration"), made this 77X day of November, 1991 by the American Welding Society, a New York not -for -profit corporation, the fee simple owner of the subject property (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). g.1TRaAIta2Is WBSRBAS, the Owner holds fee -simple title to certain property in the City, located at 550 I.W. LeJeune Road, Miami, Florida 33145 and legally described as Lotto 71 8 and 9, GOLF COURSE PARK, according to the plat thereof as recorded in Plat Book 2, Page 43, of the Public Records of Dade County, Florida ( the "Pr- rtW ) ; and rN 3 WHEREAS, The Owner holds fee simple title to certain *eaperty in the City located at 4227 N.W. 5th Street, Miami, P92prid4-93145 and legally described as Lot 10, GOLF COURSE PARK, accoidin9. Im the - plat thereof as recorded in Plat Hook 2, Page 43, oln the'Phblic Records of Dade County, Florida (the "Adjacent Property"); and WHEREAS, the Owner is presently an applicant before the City Comis®ion appealing the decision of the City Zoning Board denying a variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 402, Schedule of District Regulations C-1, Restricted Commercial Offstreet Parking Require- ments (the "Variance"), to &flow a 3,462.7 gross square foot addition to the existing office building on the Property providing zero (0) of twenty-nine (29) required additional parking spaces; and 132 - �. '' 93�- It REC: ! 5(69K } C47 'KHEREA;S, the (hazier seeks to provide assurances to the City that, if said request for the Variance is approved, the Property and the Adjacent Property will be developed in a manner that will limit impact upon adjacent residential uses; and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property and the Adjacent Property shall be developed in accordance with the provisions of this Declaration. NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Property and the Adjacent Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the .Property and of the Adjacent Property, its suecessors�nd 4seigns as follows: 1. IncoKgoration of _ Recit&lm . The rweitaL and findings set forth in the preamble of this Declarations are kFereby adopted by reference thereto and incorporated herei%fs if fully %o set forth in this Section. 2. $g=,gping., Owner shall, within one (1) year of the recording of this Declaration; (a) properly apply for and diligently pursue with the City a change of zoning classification in the Official Zoning Atlas of the City for the Adjacent Property from its currently zoned status of Multi -Family High Density Residential (R-4) to a Restricted Commercial (C- 1) zoning classification (the "Change in Zoning Classification"); and (b) apply for and diligently pursue with the Cityr a special permit to use, the east ten (lit) feet of the Adjacent Property, for the 2 93- 132 purpose of increasing offstreet parking for the Property (the "Special. Permit") . 3. Unity of -Title. Once the Change in Zoning Classi- fication, as set forth in paragraph 2 herein, has been granted, and within thirty (30) days after said grant has become final and non - appealable, Owner shall file a unity of Title unifying the Adjacent Property to the Property. 4. MM. The use of the existing apartment building located upon the Adjacent Property (the "Apartment Building") shall be limited to that of a residential multifamily apartment building. The number of offstreet parking spaces required for the Apartment Building, pursuant to Ordinance 9500 of the Zoning Ordinance of the City of Miami in effect at the time said offstreet marking d :> requirements were established, shall be provided in additionA8 the off street parking required pursuant to the Variance andahe Special Permit. _y S. Sffactive Date. If the City Coumaissiograntt the Variance, and after said grant has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and of the Adjacent Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners of the Property and of the Adjacent Property and for the public welf are . 6. AnDaWnt and Hodif ication. This Declaration" %ay be modified, amended or released as to any portion of the Property or 3 9 3 - 13-2 of the Adjacent 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 Commission, at 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 Planning, Building and Zoning Department of the City or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. 7. 12= 2f Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the lamer of the Property and of t* AMacent z Property, its successors and assigns for an initia peilo of thirty (30) years frEom the date this instrument is recvded Rn the public records and shall be automatically extended fombsucc"sive uz =, periods of ten (10) years thereafter unless modified,gamended or released prior to the expiration thereof. 8. Zna2ggtign and Snforcem►snt. it is understood and agreed that any official inspector of the City may have the right at any time during normal working hours of entering and inves- tigating the use of the Property and of the Adjacent Property, to determine whether the conditions of this Declaration are complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City or by any property owner within three hundred and seventy five (375) feet of the Property or 4 93- 132 of the Adjacent Property and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the Planning, Building and Zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to re --over costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. 9. Severability. Invalidation of any one of theme covenants by order or judgment of Court shall not affect any of they other provisions of this Declaration, which shall remain in full force and effect, provided, how4ver, that such invalidation may be grounds for the City to amend the zoning or land -use regulations applicable to the Property. rM 10. Regordina. This Declaration shall be f of record among the Public Records of Dade County, Floridaat thV cost of the Owner. M IN WITNESS WURROF, the undersigned have set then haa4_6 and seals on the day, month and year first above-written.ii Witnesses: 5 AMERICAN WSbDXNG SOCIRTY, INC. a Now York not -for -profit corporation 93- 132 STATE OF FLORIDA i SS: COUNTY OF DADE Before me, the undersigned authority, personally appeared Francis G. DeLaurier, the Executive, Director of American welding Society, Inc., who acknowledged on this v day of November, 1991, that he had the authority to execute the foregoing instrument for the purposes expressed therein. State 0 or a—0.. My Commission 8xpiress+ n mamaae"C"O A M M! - was: Q.k of arok i CWK Comma �3 ro - vm KaVoge»ray- W.*X 6