HomeMy WebLinkAboutItem #23 - First Reading OrdinanceJ-87-200
10/15/87
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CORRECTING A
SCRIVENER'S ERROR AFFECTING PROPERTY LOCATED
AT APPROXIMATELY 2701-03 DAY AVENUE AND
APPROXIMATELY 3191 CENTER STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
BY PROVIDING THAT THE ZONING BOUNDARY LINES
MAY LIE ON SAID PROPERTY BUT NO MORE THAN 5
FEET (IN ADDITION TO THE REQUIRED DEDICATION)
FROM THE WESTERN BOUNDARY LINE OF SAID
PROPERTY (THE WESTERN BOUNDARY LINE ALSO
BEING THE WESTERLY BOUNDARY LINE OF LOT 12,
LOTS 13 AND 14 OF CORNELIA M. DAY
SUBDIVISION) AND NO MORE THAN 10 FEET FROM
THE NORTHERNMOST BOUNDARY OF SAID PROPERTY
(THE NORTHERNMOST BOUNDARY LINE BEING A LINE
BISECTING LOT 12 OF CORNELIA M. DAY
SUBDIVISION INTO NORTH AND SOUTH HALF
SECTIONS), SAID PROVISION HAVING BEEN
INCORRECTLY OMITTED FROM ORDINANCE NO. 10028,
JULY 25, 1986; AND CONFIRMING THE REZONING OF
LOT 1, CORNELIA M. DAY SUBDIVISION (3-16),
FROM RG-2/5 GENERAL RESIDENTIAL AND SPI-3
COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT
TO RO-2.1/6 RESIDENTIAL -OFFICE, ELIMINATING
THE SPI-3 AND ITS REZONING OF THE SOUTH 1/2
OF LOT 12, LOTS 13 AND 14, CORNELIA M. DAY
SUBDIVISION (3-16) FROM RG-1/3 GENERAL
RESIDENTIAL (ONE AND TWO-FAMILY) TO RO-2.1/6
RESIDENTIAL -OFFICE, AS ESTABLISHED BY SAID
ORDINANCE NO. 10028; MAKING FINDINGS AND BY
MAKING ALL NECESSARY CHANGES ON PAGE 46 OF
SAID ZONING ATLAS AND MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of May
20, 1985, Item No. 2, following an advertised hearing, made a
motion to recommend approval of a change of zoning classification
as hereinafter set forth, which failed by a 4 to 3 vote, thus
constituting a RECOMMENDATION OF DENIAL; and
WHEREAS, the City Commission after careful consideration of
this matter deemed it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants,
notwithstanding the Zoning Board's recommendation of denial, to
grant this zoning change in Ordinance No. 10028, July 25, 1986•:.
and
WHEREAS, a scrivener's error resulted in the omission from
said Ordinance of that certain language which provided that the
zoning boundary lines lie on the property in accordance with
paragraph two of a certain Declaration of Restrictions
voluntarily proffered by the property owner and recorded in the
Public Records of Dade County, Florida and attached hereto as
Attachment 1; and
WHEREAS, it was never the intention of this Commission to
omit these restrictions on the zoning boundary lines as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA%
Section 1. Ordinance No. 10028, passed and adopted by this
Commission on July 25, 1986, mistakenly contained a scrivener's
error by its omission of the restriction that the zoning boundary
lines may lie on said property but no more than 5 feet (in
- addition to the required dedication) from the western boundary
line of said property (the western boundary line also being the
westerly boundary line of Lot 12, Lots 13 and 14 of Cornelia M.
Day Subdivision) and no more than 10 feet from the northernmost =
boundary line of said property (the northernmost boundary line
being a line bisecting Lot 12 of Cornelia M. Day Subdivision into
north and south half sections). —
Section 2. The rezoning of the subject property -
accomplished by said Ordinance No. 10028, is hereby reaffirmed in
the rezoning of Lot 1, Cornelia M. Day Subdivision (3-16), from
RG-2/5 General Residential and SPI-3 Coconut Grove Major Streets
Overlay District to RO-2.1/6 Residential -Office and eliminating
the SPI-3 and its rezoning of the south 1/2 of Lot 12, Lots 13
and 14, Cornelia M. Day Subdivision (3-16) from RG-1/3 General --
Residential (one and two-family) to RO-2.1/6 Residential -Office,
as established by Ordinance No. 10028.
Section 3. Page 46 of the Zoning Atlas, made part of
Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
-2-
^1 M
A
changes made necessary by amending the Ordinance as set forth
herein.
Section 4. All ordinances, code sections, all parts thereof
in conflict herewith are hereby repealed insofar as they are in
conflict.
Section 5. Should any part of provision of this Ordinance
be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of the ordinance as a
whole. This Ordinance shall be operative and the provisions
thereof, unless otherwise indicated, shall become effective in
accordance with City Charter provisions.
PASSED ON FIRST READING BY TITLE ONLY this loth day of
December , 1987.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1987.
ATTEST:
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
G. MIMAN MAER
Assistant City Attorney
APPROVED
LUCIA A. DOUGHE
City Attorney
RM AND CORRECTNESS:
GMM/wpc/ebg/rcl/M124
XAVIER L. SUAREZ, Mayor
- 3-
CITY OF MIAMI, FLORIDA 37-
INTER -OFFICE MEMORANDUM
TO. Hon. Mayor and Members of DATE: September 24, 1987FILE: A-86-196
the City Commission
SUBJECT: Scrivenor's error in
Ordinance No. 10028
FROM: • tucia A. Dougherty REFERENCES:
City Attorney
ENCLOSURES:
Please be advised that Ordinance No. 10028, passed by the
City Commission on July 25, 1986,contains a scriveno is error. A
covenant proffered by the owners of the property, known as
2701-03 Day Avenue and 3191 Center Street, stated that certain
restrictions on the location of the zoning boundary lines would
be included as part of the rezoning of the subject Vr ►pfirhy. The
ordinance that changed the zoning failed to include these
restrictions. The attached draft ordinance would correct the
omissions from the original ordinance and thus cause the Zoning
Atlas to accurately reflect the City Commission's decision on
this matter.
GMM/SR/rcl/P681
3�- i
so
CITY OF MIAM1, FLORIDA
INTEROFFICE MEMORANDUM
TO: Hon. Mayor and Members of DATE: September 24, 1987nLg: A-86-196
the City Commission
SUBJECT: Scrivenor's error in
Ordinance No. 10028
FROM: Lucia A. -Dougherty
City Attorney
REFERENCES:
ENCLOSURES:
r\
Please be advised that Ordinance No. 10028, passed by the
City Commission on July 25, 1986:contains a scrivenor's error. A
a-3venant proffered by the owners of the property, known as
2701-03 Day Avenue and 3191 Center Street, stated that certain
restrictions on the location of the zoning boundary lines would
be included as part of the rezoning of the subject: ;)►: ,;)Nrty. The
ordinance that changed the zoning failed to include these
restrictions. The attached draft ordinance would correct the
omissions from the original ordinance and thus cause the Zoning
Atlas to accurately reflect the City Commission's decision on
this matter.
GMM/S R/rc 1 /P 6 81
A J