HomeMy WebLinkAboutO-109054
J-91-208
3/8/91
10905
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 3560 MAIN
HIGHWAY, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT TO R-1 SINGLE
FAMILY RESIDENTIAL; BY MAKING FINDINGS; AND
BY MAKING ALL NECESSARY CHANGES ON PAGE
N0. 46 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board at its meeting of
February 20, 1991, Item No. 4, following an advertised public
hearing, adopted Resolution No. PAB 15-91, by a 7 to 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 amend
the Zoning Atlas as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. The Zoning Atlas of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended, is
hereby amended by changing the zoning classification from SD-2
Coconut Grove Central Commercia
l District to R-1 Single Family
Residential, for the property located at approximately 3560 Main
Highway, Miami, Florida, more particularly described as a
triangular parcel, containing portions of Lots 2, 3, 4 and
vacated unnamed street right-of-way, ROBERTS SUBDIVISION, FROW
HOMESTEAD, according to the plat thereof, as recorded in Plat
Book A at Page 21 of the Public Records of Dade County, Florida.
Section 2. It is hereby found that this zoning
classification change:
10905
�1 AMMU
I
a. is in conformity with the adopted Miami
Comprehensive Neighborhood Plan;
b. is in harmony with the established land use
pattern;
c* is related to adjacent and nearby districts;
d. is not out of scale with the needs of the
neighborhood or the City;
e. will change existing district boundaries which are
illogically drawn in relation to existing
conditions on the property proposed for change;
f. is necessary due to changed or changing
conditions;
g. positively influences living conditions in the
neighborhood;
h. has the same or similar impact on drainage as the
existing classification;
i. will contribute to the improvement or development
of adjacent property in accord with existing
regulations;
J. conveys the same treatment to the individual owner
as to owners within the same classification and
the immediate area and furthers the protection of
the public welfare; and
k. is based on the use of the property being unfairly
limited under existing zoning.
Section 3. Page No. 46 of the Zoning Atlas, made a part of
Ordinance No. 11000 by reference and description in Article 3,
Section 300 thereof, is hereby amended to reflect the changes
made necessary by this amendment.
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 this section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
-2-
10905
Section 6. This Ordinance shall become effective forty-five
(45) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
March , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of July , 199� �--�
I
l
jj ATTE
I;
MA HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
?IEF
MAXWEL
SSISTAN CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
E!
-i r
J RGE L FERNANDEZ c
CITY AT .ORNEY
JEM/db/M774
VIER L. tsU REZ,
10905
PLANNING FACT SHEET
APPLICANT
City of Miami Planning, Building and Zoning
Department: January 30, 1991
PETITION
4. APPROXIMATELY 3560 MAIN HIGHWAY
A triangular parcel, containing portions
of lots 2, 3, 4 and vacated un-named street
r.o.w.
ROBERTS SUBDIVISION, FROW HOMESTEAD (A-21)
P.R.D.C.
(Metes -and -bounds description on file in
Hearing Boards Office, Planning, Building and
Zoning.Department.)
Consideration of amending the zoning atlas of
Ordinance 11000, the Zoning Ordinance of the
City of Miami, by changing the zoning
classification of the subject property from SD.-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT to R-1
SINGLE FAMILY RESIDENTIAL.
REQUEST
To rezone the subject property from Restricted
Commercial to R-1 Single Family Residential.
PLANNING DEPARTMENT
Approval.
RECOMMENDATION
BACKGROUND
A Declaration of Restrictive Covenant was
proferred by the owners on June 12, 1990 and
recorded November 14, 1990, which stated that
the owners would file a request. for a plan
amendment and for a rezoning of the property to
R-1 Single Family Residential within 30 days of
recordation (see attachment). The Department is
initiating this action to expedite the
enforcement of the covenant.
ANALYSIS
This parcel comprises 0.17 acres on the
southwest corner of Franklin and Main Highway in
Coconut Grove. The parcel •is in an area
designated Restricted Commercial• according to
the Miami Comprehensive Neighborhood Plan 1989-
2000 (MCNP) Future Land Use Plan Map and
requires a plan amendment. The proposed change
is in harmony with the land use pattern which is
predominately single family residential and will
positively influence residential development of
adjacent property. 10 9 Of
PLANNING ADVISORY BOARD
-CITY COMMISSION
At its meeting of February 20, 1991, the
Planning Advisory Board adopted Resolution
Number PAB 15-91 by a 7 to 0 vote, recommending
approval of the above.
One reply AGAINST and one reply in FAVOR was
received by wail.
At its meeting of March 28, 1991, the City
Commission passed the above on First Readinj
10905
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ANALYSIS
X The proposed change is in harmony with the
adopted Miami Comprehensive Neighborhood
Plan 1989-2000, and does 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 is within stale 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.
X The proposed change will contribute to the
improvement or development of adjacent property in
accord with existing regulations. 10 9 05
YSII NQ
X The proposed change conveys the same treatment to
the individual owner as to the owner within the
same classification and the immediate area; 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.
i0905
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SW Hector &
MWN. ftm&
IliWan J. NW+1�
rAm $17.an
January 23, 1991
Humberto Hernandez, Esq.
Assistant City Attorney
City of Miami
Suite 1100
one S.E. 3rd Avenue
Miami, Florida 33131
�'V f4
91 JAN 24 PM 1: 33
�6 1
Re: Enforcement of that certain Declaration of Restrictions
proffered on June 12, 1990 by David Hill and Christine C.
Hill in favor of the City of Miami (the "Declaration")
concerning property located at 3560 Main Highway and
legally described in Exhibit A of the Declaration (the
"Er02611121
Dear Humberto:
My law firm represents David W. Swetland. Mr. Swetland
has an interest in property within the vicinity of the Property.
Pursuant to the Declaration, a copy of which is enclosed
for your convenience, all applications necessary to rezone the
Property to an R-1 zoning classification and to redesignate it
to a "Residential/Single Family" Comprehensive Neighborhood Plan
designation must be filed within 30 days of the recording of the
Declaration. The Declaration was recorded on November 141 1990,
and therefore the 30 day period ended on December 14,•1990.
Ms. Lori Walters, of the City of Miami Hearing Boards
Division, has informed me that as of January 14, 1991, no such
rezoning or Comprehensive Neighborhood Plan amendment had been
109OV
MtilTb OfIfO� SiS NOWF1�M OrM 440"ft" W&Y 21S SotO MWM
4000 SoAmm F.w- C&W 1200 N*Vt n*P Own 1 PUm Seem, FL 231a0 TTWftr @ FL 32301 tE04
Mwr C'. r1r ,.W w.W Otte* Sme O 33401.4,p7 (40n &W 72M vrd ...,< mr
Steel Hector & D"
Humberto Hernandez, Esq.
} January 23, 1991
Page 2
filed with the City of Miami. Therefore, since the Declaration
runs in favor of the City of Miami, demand is hereby made upon
the City of Miami to take immediate action to enforce the terms
of the Declaration.
I look forward to hearing from you soon.
Sinc rely,
r
Ricard® J. Nunez
RJN/ 54 8
Enclosure
cc: Mr. David Swetland
Sergio Rodriguez, Director of Planning and Zoning
Irma Abella, Esquire, Assistant City Attorney
Joseph McManus, Assistant Director of Planning
Mary Webber, Coconut Grove Civic Club
Mark T. Reeves, Esquire
1090 F;
40
r
Mi NDY 14 AM 8146; 9 0 R 414 3 2 0
16.
Kf: 14781 R I2TT
WGIAMION OF RESTRIC==
This is a Declaration of Restrictions (the "Declara-
tion") made this /.A%� day of June, 1990 by David Hill and
Christine C. Hill (the"Owners") in favor of The City of Miami, a
municipality of the State of Florida (the "City").
RMI
The owners are the' owners of the real property legally
aoscribed on Sahibit "l►o attached to this Declaration (the
"Property").- The Owners are presently applicants before the City
of Miami Commission for a change•of zoning classification for the
Property. The owners desire to develop the Property in a manner
compatible with the surrounding properties and in order to ensure
that such compatible development does in fact occur, the Owners
make the following Declaration of Restrictions covering and
running with the Propertyo
1. biaitation oa Ose. Notwithstanding the SPI-2
zoning classification on the Property, the use of the Property
shall be limited solely to real estate and related office uses=
provided however, if the legal non -conforming use established
pursuant to paragraph 4 of this Declaration is ever discontinued
and abandoned, the use of the Property shall be limited to single
family residential use.
2. Lieitation on Structure. The building plans and
specifications permitted by the City of Muni, pursuant •to
Building. Permit No. 87-5258, issued on May 27, 1987, on file with
the City of Miami Builgt% d Xglin& pent, depict the
record in connection with
ite on �/j,/ e .
'Natty Hiraii
City Clark
w4w •
4 �/M.Mw• iA
r
1079,
1090�'
�1
'. 14181 n, 1278
maximum usage permitted on the Property. No enlargement of
height, square footage _or floor area ratio or reduction of.
setbacks shall be permitted.
3. LLN&t&&Lgn on exvansion of Pro_ ztv. The Property
shall not be used in conjunction with an adjoining lot or lots
and shall be deemed a separate and distinct lot.
4. Creatii n of Won-conforaitZ,, The Owner hereby
agrees that within thirty (30) days of the recording of this
Declaration, he will file with the City all necessary
applications to rezone the Property to an R•l zoning
classification (under Ordinance No. 11000) and to re -designate
the Property to a "Residential/Single Familya Comprehensive
Neighborhood Plan designation. The purpose of these applications
is to create a legal non -conforming use for the Property which
will allow for the continued use of the existing structure in
accordance with the terms of this Declaration. The Owner further
agrees that in the event he fails to compli with this obligation,
that he will not oppose or object to any action by the City to
rezone and designate the Property for the foregoing purpose.*
S.. Oindina Effect. -The restrictions set forth in
this Declaration during their lifetime shall be for the benefit
of, and limitation upon, all present and future owners of the
Property and for the public welfare. This Declaration on the
part of the Owners shall constitute a covenant running with the
land and shall, at the cost of the Ownere, be recorded in the
public records of Dade County, Florida, and shall remain in full
force and effect and be binding upon the Owners, their heirs,
�ubMifted into the public
—a- r�
seer �oa�eehi�. d� ^.k rah<„c, 4... 'r. 0.00% #A.
�' ie+i�1�� }i,� t�rr►►�' �.•+� �.����lhw+�ir� �1an 4.ew���n..�1� mt�1 •►�.
jeffi ! On 0 .
Matte Huai 10 P? 9 0
City Clerk
1090,E
ABC: 14781 R 1279
successors and &@signs until such time as it is modified or
released.
6. a. This Declaration is to ruin with the
Property and shall be binding on all parties and persons claiming
under them for a period of thirty (30) years from the date it is
recorded, after which time it shall be extended automatically for
successive periods of ten (10) years, unless an instrument signed
by a majority of the then owner(s) of the Property has been
recorded agreeing to change the Declaration in whole, or in part,
provided the Declaration has first been released by the City.
7. lica�. This Declaration may be modified,
amended or released as to the Property or any portion thereof, by
the owner(s) of the fee simple title to the portion of the
Property to be affected by such modification, amendment or
release provided that the same is also approved by the City
Commission or City Zoning Board (whichever by lap has
jurisdiction over such matters) after public hearing. Should
this Declaration be so modified, amended or released the Director
of the City Building and Zoning Department or Zoning
Administrator, or his successor shall forthwith execute a written
instrument effectuating and acknowledging such modification
amendment or release.
Notwithstanding the foregoing, no request to
modify, amend or release this Declaration shall be considered by
the City until 75% of the residential property owners within 375
feet of the Property have provided written consent to such
modification, amendment or release.
Submitted into the public -3-
reoord in oonnection with
item a n j jj, o .
Matty Hirai �. 0 7 0
City Clerk
1090,x
A. i, n 22ction_AM Enlorcesnt. enforcement shall be
by action at law or in equity against any party or persons
violating or attempting to violate any covenants contained in
this Declaration, either to restrain violation or to recover
damages. The prevailing party in such action or suit, shall be
entitled to recover, in addition to costs and disbursements
allowed by law, such sum a$ the court may adjudge to be
reasonable for the services of his attorney. Nnforcement may be
exercised by the City or other property owner within 375 feet of
•'the Property.- It is understood and agreed that any official
inspector of the City of Miami may have the right it any time
during normal working hours to determine whether the conditions
of this Declaration are being complied with.
9. §MMQLlity. Invalidation of any one of the
provisions of this Declaration by judgment of court shall not
affect any of the other provisions, which shall remain in full
force and effect provided, however, such invalidation may be
grounds for the City to amend the zoning and/or land use
regulations applicable to the Property.
Signed, sealed, executed.and acknowledged this d� day
of June, 1990.
aITNSSSest
SYkIGltwu ADIEU Ine puDilc
record is connection with
item On oa
Matte Hirai
City Clerk
04-
J-
NVIHJt
ChvistIne
1010a
logos-
4
14T81 41281
State of Florida
County of bade
I hereby certify that on this day personally appeared
before me, an officer duly authorised to adwinister oaths and
take acknorlddg"nts, David Hill and Christine Hill, to N well
known to be the persons described in and who executed the own
freely and voluntarily for the purposes therein expressed.
VLtness ®y hand and official seal at UL"L, Dade
County, Florida thin day of June, 1990.
Lary IMIct state oz irrorM
My Comioolon Expires$ tate '��
073RL06919 41
luOak,
Stetted izft the public
ZftWd in ®'Mmftd= with
AIeitty mrcg
city Clerk
s
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10'7 9 0
1
logo$-
13
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle VAIllams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday 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. 10905
In the .... X. X. ,X ................ Court,
was published In said newspaper in the Issues of
August 5, 1991
Affiant further says that the sold Miami Review Is a
newspaper published at Miami In sold Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida each day (except
aturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the past office In Miami in sold
Dade County, Florida, for a period of one year next preceding
the first p allon of the attached copy of advertisement, and
afflant fu er aye that she has neither paid nor promised any
person, rm corporation any discount, rebate, commission
orrefu d 10 the pu Be of securing this advertisement for
publics ion the sal newspaper.
+Fr** n subs rlbed before me this
pL **
(SEAL)
»** epF:1S�'**
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE
MY C". EXP. 7/9/94
(SEE ATTACHED)
Page 1 of 2
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