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HomeMy WebLinkAboutM-89-1166J-89-1019 10/23/89 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE, NO. 9500, THE ZONING ORDINANCE OF THE CITY bP MIAMI, FLORIDA, AS AMENDED, BY CHANGING 1THE ZONING CLASSIFICATION OF 1800-18 SOUTHWEST 21 TERRACE, MIAMI, FLORIDA (AS MORE PARTICULARLY DESCRIBED HEREIN), FROM RS-2/2 SINGLE FAMILY RESIDENTIAL TO RO--3/6 RESIDENTIAL OFFICE BY MAILING FINDINGS AND BY MAILING ALL tHE NECESSARY CHANGES ON PAGE NO. 39 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ,5 .1 WHEREAS, the Miami \Zoning Board, at its meeting of October 16, 1989, Item No. 1�, following an advertised hearing, adopted Resolution No. ZB 110-189, by a seven to two vote (7 - 2), RECOMMENDING DENIAL of a change of zoning classification, as hereinafter set forth; and l WHEREAS, the City Commission��, after careful consideration of ® this matter, deems it advisable a d in the best interest of the general welfare of the City of Miami and its inhabitants, notwithstanding the Zoning Board's ' ecommendation of denial, to grant this change of zoning classif cation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY T E COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Or inance No. 9500, the Zoning Ordinance of the City of Miami, F1 ida, as amended, is hereby amended by changing the zoning classification of 1800-18 Southwest 21 Terrace, Miami, Florida, also described as Lots 1 and 2. Block 3, SHENANDOAH MANOR SEC. 8 (39-81) P.R.D.C., from RS-2/2 Single Family Residential to RO 3/6 Residential Of f ice. Section 2. It is hereby found classification change: w (a) to in conformity with the adopted Miami Comprehensive Neighborhood plan; (b) is hot 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 area; (k) Will not adversely affect property values in the adjacent area; (1) Will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; (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. 39 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description of said - Ordinance, is hereby amended to reflect the changes made Y necessary by these amendments. - Section 4. All ordinances or parts of ordinances insofar as:'„ t they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.a Section 5. If any section, part of section, p4racjr4phs clause, phrase. or word of this Ordinance is declared invalid -- the remaining previsions of this Ordinance shall not be of f*41 *d• l di FxT � I 1. PASSED ON FIRST MOM BY TITLE ONLY this day of ► 1989. PASSED Ago ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this _. day of - ATTEST: NATTY HIRAI City Clerk PREPARED AND APPROVED BY: %*AWA Nu' . MIRIAM, MAER Chief Assistant City Attorney APPROVED AS TO FORM AND CORREC JO GE L. PE ANDEZ Ci y Attorn y 1989. XAVIER L. SUAREZ, Mayor TNESS y f : w :a ;Y }r m } �s 2 ''K } 3 R _ AM- r 0 C This Declaration of Restrictive Covenants by ARMANDO VICENTE ("Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida. WHEREAS, the Owner holds Fee -simple title to certain property in the City of Miami, Florida (the "City"), consisting of Lots 1, 2, 17 and 18, Block 3, Shenandoah Manor Section B, as per the plat thereof recorded in Plat Book 39, Page 81 in the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Owner is presently an applicant before the City of :_iar.._ City Commission for a change of Zoning Clc ssification in the Official Zoning Atlas of the City of Miami, from RS-2/2 (Single Family Residential) to RO-3/6 (Residential Office) for Lots 1 and 2 of the Property; and ® 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 land binding upon the Owners of the Property, and their successors and assigns as follows: A. Unit of Title. The Property shall be considered as one. plot and parcel of land and no portion of the Property shall be = sold, transferred, devised or assigned separately, except in its r.a entirety as one plot or parcel of land. B. Landscage Plan. ,$yffer and Wall, Prior to the issamnc4- of a building permit on Lots 1 and 2 of the Property, Owner shall viz obtain approval of a wall and landscape plan from the City O ry, JPr*par*4 by: 4r � Anthony J. 0100Asie1, Jr. f 39q. SUbMitted it#o the ca oan, d*mtsr;�itt ielseeIV public got DrioUll Avenue, TewrC1 lI3 C nrc�t�M:� 44tb Floor 'art Kiusi, Florida 3$131 s on City clerk.3 r Y Miami Planning Department which plan shall reflect five (5) feet high masonry wall and a landscape buffer with a width of ten (10) feet along the entire north property line of the Property along S.W. 21st Terrace which buffer will contain heavy landscaping so as to obscure the view of the Property by adjacent property owners to an extent reasonably possible. The landscaping of the Property shall be installed in conformity with said landscape plan; and the Owner shall also be responsible for the maintenance of the wall and landscaping on the Property. C. FAR Limitation. The non-residential Floor Area Ratio (FAR) of Lots 1 and 2 of the Property as defined in City of,Miami Zoning Ordinance 9500, as amended, shall not be utilized for development on the Property. D. Vehicular_ Access Limitation. No vehicular access for ingress or egress shall be permitted across the north property line of the Property along S.W. 21st Terrace. E. EffecJ;i,ve Date. If the City Commission of the city approves the Owner's pending application for an amendment to -the City of Miami Zoning Atlas, 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, w upon, the. Owner, his 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. F. Amendment and Modification. This instrument. may be modified, amended or released as to any portion. of the Property. L y� by a written instrument executed by the then owner_ of ths.fee- simple title to the land to be effected by such modification, amendment or release providing that same has been approved by: e: City of Kiami Commission. Should this -instrument -be so modif sdU r amended or released, the Director of the Planning Department;Yor r his successor, shall execute a written _instrument in rocordab�.e form effectuating and. acknowledging such. moftfication f. 41 or r4lo4ss, Sub— i n,• "' Rein +fps � I � .x��{ Y.."' -a a.Tema,-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, his successors and assigns for an initial period of thirty (30) years fromthe date of this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. H. presume*ion of Compliance. Where construction nas occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Miami, and inspections made and approval of occupancy given by the City, the same shall create pressmption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration of Restrictive Covenants and said Declaration shall not be construed as a cloud on title to any of said property upon which v said development has occurred. A I. ?nsuection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the privilege at any time during normal working hours, to determine whether the conditions of this Declaration are being complied with. An enforcement action brought by the City shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitle to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. °* J, 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 J5 4. f and effect,,provided, however, that such invalidmtion may; be grounds for the City to amend the zoning and/or lajnd-►uss -s regulations' applicable to the Property. nit` Submitted into the pudic is _- �� f Dade County Florida, at the cost of among the public �tecards o the owner. IV WI' ss V22220l, the undersigned has set their hands and seals this _ day of November 1989. Witnesses: By: . ARMANDO VICENTE STATE OF FLORIDA ) ) SS COUNTY OF DADE ) The foregoing instrument was acknowledged before me this day of November, 1989 by ARMANDO VICENTE. NOTARY PUBLIC - i State of Florida At Large t My Commission Expires: i into the Fate?rc ,y Submitted xec in c r_,A� F y T -y ni_ ai =�h� City Q k b AJM (V 4Q ) AXi j Y J� ry LOCATION/LEGAL APPLICANT/OWNER ZONING REQUEST PZMI3 ZONING FACT SHEET 1800-28 SW 21 Terrace Lots 1, 2 & 3 Block 3 SHENANDOAH MANOR SEC. 8 (39-81) P.R.D.C. Armando Viacente 1801 Coral Way Miami, FL 33145 Phone 854-5649 Anthony J. O'Donnell, Jr. 801 Brickell Avenue, 24th Floor Miami, FL 33131 Phone 374-5600 RS-2/2 Single Family Residential. 4 Change of Zoning in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, she Zoning from RS-2/2 -' Ordinance of the City of 2iiami, R0-3/6 Residential:. Single Family Residential to Office. r tr . 2. � S RECOMMENDATIONS _ _-- r%VMT AT. _ TP_ hnronosed change . is;. coat�raryy _�o ;. tkth-_ ZONING BOARD - Twelve replies against were received . TY. ,COMMISSION At "its meeting , of November630, 1989 the.CJ ty $.. . f .Commission continued the a ove$ i <s 4 - 3 7-r � [• �v xSv�v N c � �. -. t 4;�i N � I j + _ i z �'{y : � t:t�•R�fis — •� � "+- - t x�,yC � _ � ,t+,r+,l�i TAB � �5,t,sria .'. f 3i1"i i�"-. � t I f �. •� A pp � sj. Fi 01 ��t�� t "n h.M. s't+• #r'" C i %.Y- d •4 y - •iz ,, 1 r Jr' r yc5{} . y i �a � `d �W p�. , � z r• t � - a 7 �, - �. -�+ „�� i4•i+�z }• t z "� ' Ste.- � r" k'Y , x' i e x ._ � ,i, �t � A'yr is `�"•' � � � �. F . ° +iJvn t : _ .r• { r h tt }} {' �. 3 '� r � � x* x � r 'y-v-v, ,3a£' � y �; j- r.: � c � _: J �_', s �" �.� � E ✓ � � � 3 �����a 1'�*+E'✓ <id -rat zt>��^s!?. �' ,i,,, _c �xs-�sp mow'-i�z.' pr kz ," "t,at'w'r.+�s. ra:•iT+. p?''* 3 :& -'" r Ye..p —s•''. s } d 3� �'� 4 •�� S:_,� 'r yN} � , s Y r T i -NANu0AH " WS = r _iR 1 HIGH ��. ` • -�CW-O0L 1 * T am - � N S.W. 19 - ' t 2 2 •a1 3 " d TRACT • o SU 3 TERR. O .s aa� 1 1 0 7 M •3 _ N ` _ • MARCELL OEARROF 2 • • UBDIV1 t � � 10 OL 11 1 12�3w I2 T 'L 30 ! 1 t 3 34 2 30 31'.. 52 .! 34 �16 3• _3 J ix { p fi7F '. :2 � ..°L YY. ♦. i.'.. � .. .'�': '�4 ,. .. ,-.: ., t :.... IT is as �tL swo _ f AK,ER .MAN. S ENTEp FiTr & EIDSON ATTORNEYS m LAVE/ ONt •RICR[LL GOYARC tow FLOOR •OI GRICRtIt AVt/1Yt MIAMI. iLOR/0A 33131-80" ISOM 274 6400 TCLCCOM ISOM 374-6088 October 24, 1989 Ms, Gloria FOX Public Hearing Boards Division City of Miami"Building Zoning 275 N.W, 2 Street >, Miami, .Florida 33128 x r Re: i800-1828' S.W. 21st Terrace Lots ;1 and 2 , Block 3 , SIMANDOAH MANOR SECTION B , t Dear Ms . -For • { This : attar is to confirm that the 1sga1 descriptions' - for the h; „ x aboverstaratcsd' applications'' lor' crge..;ot .,zaninq amd fob ¢ ` a= amandmert o tha ;comprehensive naighl?orhood plan have b+�+e Accordri 1 the pperty r itivo►n changed. to do�.et 3', g Y. s q of November lfi, 1989 is as follow$» the public heain ' Brock• Lote and 2,: < f SIWANDOAH MANO SECTION B = A", P.R.D.C. You >>oal+a+�t.ng his Thw* cheea► tril ` t "IA M F gi iry' s +# 4 IRa1a E j 5:. - c3 S i APPLICATION FOR AMENDMENt TO ZONING ATLAS File Number ZA-83- ;,,,. i to the city caml is- t, Anthony J . 0' Donne l �. , Jr ..: hereby : apP y lion oft a �.� y. of is n' for an:,anenarnenT to the, oninq Atlas of the City, of Mio nt tis, =� More particularly ,described herein ar i, in support of that request, famish the foil�►inq j informations i arty 18 x I. Address of prop:"O0 28. S.W. 21 Terrace ., �I x 2. Two surveys, prepare d by a State of Florida Registered tend _Su r. V(Attach�to appiicatioN ' x 3. Affidavit disclosing ownership of properly covered by appildation and disciostns of= interest form (Form 4-83 and attach to aPI x 4. Certified list of owners of real estate within_ 375' xodi�s.. from } thee�t >� boundaries of property covered by this. application. tSoe f:•orm B•83sattid atteath to . aPPU (hot show the entire eland atd tmprov�enletttt�► K ' At<least. two photograpl>s x Atlas sheets) on which property appears 39 } . .. _- ,. .' ..����.� r ✓+ ty e>'+.r.,.aR�+s4'R'Y �+.dat seiKntkY��t �k x. 7. Pres�mr►t Zoning Qesigna►tian -fia ed2aning Design9tionrRO-PMM i a r '�!�* i+t@ - 9. Statement explaining whrp present zoning designation l�t in 10. Statement as to why proposed zonin4 desighot;onspP eT»'"- r j10 �,r. f. _ I Z. Fittttq Fee of i o4cordingt kern s 3 t �a) To M.I M, I,l, R5.2, spar t: Ol last rear }Y a Ri -1, PQ-M, PO+ C� a �ct+ft. of net IQt K t F t a a /�+Ja 1 e r �•f �•t� a� iqYia ii(r • y 4 �,3T xR � � ^"* .: t '4 �5.,.1���(�Sy ��tilr - 1 j Y yieTr 4$r'5u u`f - r 'si.Y q r''°,.b i' i ,+,n a : r, si'� � ;''r S s ,t x C 5 } r 7.1 '� •#^•^P`h ,- h ...� tF i1� ,� • - — _ • ' r t — 0.1 viper sq.ft. of net lot area, minirnum I .,.. • • (d) Tot CR-I, CR-2, ' CR- 0.QA, CC -I, $55a.00 - •�;., ,,..-'CG4q`WF-i, WF-R, -1,1-21 SP1-IO2,S979 16 per sq.ft. of net lot area, minimum _ (e) To: CBD-I, SPI-b �ObS'0.00 (f) For any change in a sector number only, for a particular district. classifica tion, the fee shall be the some as for o change in its district classification, as shown. in (b) through(e) above. _ (�)Weeme r Signature Nome Ant any J.'Donnell i TO Address; 801:Bric.kell Avenue, 24th �i Miami,. Florida 3 � Phone _(_30§1 374-5600 STATE OF Fi.ORlDA ) . SS: ;COUNTY Oir DADS' ) y x th 'a J O'Donnell , Jr. being duly sworn, depot and says at a is the uthonzed . gent or Owner)o the real property d�sesribed fad answer to Ilan U I, above; that he has read the foregoing answers axlshot" the saw , tare =W complete; and (if acting as agent for owner) that he has aiuthority to.eace a #flee petition on behalf of the owner. Y S M t STATMLM ACCOMPANYING ZONING Appr YCATION OF ARIA MDO VI CENT The subject property is comprised of three lots which abut the RO-3/6 zoning corridor along Coral Way between S.W. 18th Avenue-and.S.W. 19th Avenue. Although the property is currently zoned RS 2/2. one of the lots is presently used for off-street parking. Approval for this use was granted by,Resolution No. 79-809, which approved a 20-space open parking lot. The current ro riate, becaus® of the zoning designation of RS-2/2 is inapp p -; pr6p6kty#s current use and'the increasing need for off-street _I parking to serve the office building fronting -Coral Way. -1 The :rsqLuested RO-3/6 zoning is appropriate and will o a a,to mmunity ; without a .negativ® -.impact ,Y benefit the whole co residents. First, 'the - Ro-3/6 zoning" classification is the same 's lots along .:Coral . Way;• In aas the 8d3 ion,Zoning on the ha proposed`zonin will allow far` offices and parking `. areas to be connected which will provide fora more;;efficient`use } Mj of '. he ,'subject property and contribdte to a more desirable building/parking scheme for this area. The proposed parking` be set back 201 from S.W. 21st Terrace and a 5' 'foot .wall will be constructed around the subject area ( egress andri ingress onto W:" :21st' Terrace. Finally, the requested zoning will also serve .a, Pol... .Head for additional » F «.pa.kq area :without allowing, anyacess to adjacent residential y� streets* "S r Y 44 l,.i a i i F 41 t j+dL�iy c '° P444wg MIX - yy b' k y •3 _ ' � 0. F�irrLL i s d _ s. 0 S,.+sTw' �5. WCte sre. apt Anthonv J. O''�onneli. Jr. who beirr r"i f:."st duly r• cash. deposes wd 1p t�e�%g . reprnewaT.ive of the 1. Tbat he is „r ., �uio�.tt3rg zte ac appiiaasi «.w �;y �:,raace Ho. 95d0 cf tre Code of the Cl of tom. Marsi. as deac.....i ed arm effect=.= *Areal F... lccazec� :: tte City of ...i b .�Amd. 13stea az ti-.e pages a�,.a&.e."s d to za:f;.wavit loci =.e a partw 2. Thaz ail owners whi&. he meats.:.: any. rave g��7en =.ei=' na ;iCA its pew . 031= for rim to ,a= in their be ffi l f cr the cr,=P f!=irN" er r•_=j=tom of ze-mcg as sec eau r- = :u4 ...� «. . (ialt� Armando. Vent a ihC! Add'e55 1$01 coral Way Miamir Florida3i45 .elept�ono Nut�ber 305) 854�►�e4�9 Legal Description: Lots 1r2 and 3x Block 3r SHENANDOAH MANOR SECTION 8, according to the Plat thereof as recorded in Plat Book 39, at Page 81, of the Public Records of Dade County. Owner's Nam _ Mailing Addre$S 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: Legal Description — Street Address LOTS 17"and 18, BLOCK 3 (39-81) 1801 - 1818 Coral Way Miami, Florida Legal Description Street Address LOTS 21 TO 24, BLOCK 27 (10-55) 790S.W. 2sad Street Miami, Florida Leal lat`on Street- Address S Lg ItN 4 ;*rye' �i-t1 a 4 0 0 1. Legal dascription and attest address of subject real proprrtys LOTS 1, 2 AND 3, BLOCK 3, SHLNANDOAH MANOR SECTION 8, according to the Plat thereof as recorded in Plat Book 39, at Page 81, of the Public Records of Dade County, Florida. 1800-1828 S.W. 21st Terrace, Miami, Florida 2. dwner(s) of sorb feet real property and • percentage of ownership. Notes City of Miami Ordinance No. 9419 requires disclosure of all parties Waivw ng a financial interest, either direct or indirect, Lathe subject matter of a presentation, request or petition to the City Comalssion. Accordingly, question 62 requires disclosure of all shareholders of oorporatians, beneficiaries of trusts, 3Wor say other In11 parties together -Ath their addresses and proportionats interest. ARMANDO VICENTE - 100%'OWNERSHIP 1801 Coral Way Miami, Florida 33129 3. Lays.l description and street address of any tmsai pr-ope:t. ; -0 owned by any party listed in answer to question 02, am! (b) :ncated w.Ltbin 375 feet of the s o ject real pcoperty. 1801 - lale Coral Way LOTS 17 and 18, BLOCK 3 (39-81) Miami, Florida 790 S.W. 22nd Street LOTS 21 to 24, BLOCK 27 (10-55) Miami, Florida I I , &_ � 0i 0 i 1 ;i i h j}IF ca % .;rpjiq