HomeMy WebLinkAboutItem #70 - First Reading OrdinanceAN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 95001 THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF THE AREA GENERALLY
BOUNDED BY SOUTHWEST 27TH AVENUE (GRAPELAND
BOULEVARD), A LINE APPROXIMATELY 200 FEET
SOUTH OF, AND PARALLEL TO, TIGERTAIL AVENUE,
A LINE APPROXIMATELY 100 FEET EAST OF, AND
PARALLEL TO AVIATION AVENUE, AND TIGERTAIL
AVENUE, PER PLAN ON FILE IN THE DEPARTMENT OF
PLANNING AND ZONING BOARDS ADMINISTRATION,
(MORE PARTICULARLY DESCRIBED HEREIN); FROM
RG-2/5: GENERAL RESIDENTIAL TO RO-3/6:
RESIDENTIAL OFFICE: MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGES NO.
45 AND 46 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
i.:
WHEREAS, the Miami Planning Advisory Board, at its meeting
of January 2, 1985, Item No. 20 following an advertised hearing,
adopted Resolution No. PAB 2-85, by a 6 to 0 vote, RECOMMENDING
APPROVAL of a change of zoning classification, as hereinafter set
forth; and
WHEREAS, the City Commission after care 1 c sideration of
this matter deems it advisable and in t e b t n erest of the
:.
general welfare of the City of Miami and inh tants to grant
this change of zoning classifica on s reinafter set forth;
NOW, THEREFORE, BE IT ORDAIN B HE COMMISSION OF THE CITY
p
OF MIAMI, FLORIDA:
Section 1. The Zonin� tlas of Ordinance No. 9500, the
zoning ordinance of the ty of -Miami, Florida, is hereby amended
by changing the zoning c a ification of approximately the area
generally bo nded _by S west 27th Avenue (Grapeland Boulevard),
a line app ima el 00 feet south of, and parallel to, Tiger -
tail Avon , lin pproximately 100 feet east of, and parallel
to Aviation v e, and Tigertail Avenue; more particularly
described as Lo s 22-25, Block 38 and Lot 1 and Lots 23-31 and
the northwesterly 220.3 feet o .
CITY COMMISSION
northwesterly 220.3 feet of cl MEETING OF
(Ordinance No. 1448) and the no JAN10
and 2, Block 401 NEW BISCAYNE ORWMo. •••• •\/•//�•/•��••/•�••N
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T—I MAIN DINNER KEY SITE
99
Amendment to
Section 15172.2.1 Public Accessible Parkinq
Agenda Item 51, Sub -part C
"C. The entrance to the excess parking facility
shall not be farther than six hundred (600) feet,
from the main entrance of a structure housing a
major pab-13e aetivity seep as an activity center
identified in the "Dinner Key Master Plan 1984"
w FTEh includes a performance hall, specialty
center, exhibition center or conference center.
The six hundred (600) feet shall be measured along
the nearest available pedestrian walkway(s). For
Purposes of this Section, the "Dinner Rey Master
Plan 1984" is defined to be that Plan adopted by
Resolution No. 84-1188 dated October 19, 1984 of
the City of Miami Commission, a copy of which is on
file with the City Clerk of the City Planning
Department.*
* Item to be deleted has been stricken. Items to be E
been underlined.
AFFIDAVIT
STATE OF FLORIDA:
:SS
COUNTY OF DADE :
BEFORE ME, the undersigned authority, appeared MARJORY
STONEMAN DOUGLAS, who upon oath, stated as folows:
1. FRIENDS OF THE EVERGLADES, INC., is a non-profit cor-
poration with headquarters in the City of Miami, at 3744 Stewart
Avenue, Coconut Grove, Miami, Florida 33133.
2. MARJORY STONEMAN DOUGLAS is the President of FRIENDS OF
THE EVERGLADES, INC.
3. FRIENDS OF THE EVERGLADES, INC. objects to the vagueness
of the public notice for the City Commission hearing on January
10, 1985, on the items related to the Bayshore and Tigertail
Avenue rezoning, to wit: amending Article 15 of Zoning Ordinance
9500 to add SPI-17; changing the zoning along Tigertail Avenue
from RG-2/5 to RO-3/6; removing the SPI-3 Coconut Grove Major
Streets Overlay District; and applying the SPI-17 South Bayshore
Drive Overlay District. The notice does not apprise the public
of the actual zoning being sought, for the reasons outlined by
the Tigertail Association, Inc. in its letter to Mrs. Dougherty
dated January 9, 1985. Consequently the notice of each item is
defective.
4. MARJORY STONEMAN DOUGLAS has been fully apprised of the
contents of the above noted letter.
5. The first appearance on the above rezoning items by
FRIENDS OF THE EVERGLADES, INC. is the City Commission hearing of
January 10, 1985.
941 "
5 *-
Marjory Stoneman D 1 , 1014
President, FRIENDS OF THE
EVERGLADES, INC.
SWORN TO AND SUBSCRIBED before me
this 9th day of January, 1985.
NOTARY PUBLIC, STATE O FLO DA
AT LARGE -
My Commission Expires: j1WAgY MUG SIATE O6 F00009 LOW
MY COMMISSION MIRE$ OAT, AQ 1904
0tD TiIVU GLN;RAL INS, UNDERWRITFPA
/%el ' . -+� -ter • _...
LAW OrrICfS
SITHAN R. COHEN
January 9. 1985
Mrs. Lucia Dougherty
Law Department, City of Miami
169 East Flagler Street
Miami, FL 33131
1 .
i4so OMCKELL AVENUE
SUITE JOO
MIAMI. P1iORIbA S9151
TELEPHONE (JOB) 374-6777
Re: January 10 City Commission hearing: agenda items 48-51,
on the Bayshore - Tigertail zoning amendments,
SP1-17 and related items.
Dear Mrs. Dougherty:
This office represents the Tigertail Assoc., Inc., the
Coconut Grove Civic Club, Inc., both non profit Florida cor-
porations with headquarters in the City of Miami; Mr. & Mrs.
Ronald Cold, 2542 Lincoln Avenue, Coconut Grove, Florida, and Mr.
Barry Fellman, 2539 South Bayshore Drive, Coconut -Grove, Florida,
for the proposed SPl-17 rezoning amendments (agenda items 48-51).
Upon reviewing the file, I have noted several procedural
defects which divest the City Commission of jurisdiction to hear
these items for the 1st reading on January 10, 1985:
1). The public notice for the January 10, 1985
hearing on these items does not suf-
ficiently inform -the public of the essence
and scope of the proposed changes in that:
the proposed changes in the notice
indicate a change in land use of elimi-
nating the SP1-3; changing RG 2/5 to
R03/6; application of SP1-17; plus
amending ordinance 9500. In fact, the
parking bonus situation in 15172.2.1
allows rezoning to "any land use." For
example, under 15172.2.1, a building pro-
viding 500 bonus parking spaces could have
up to 100,000 sq. ft. of "any land use."
The SPl-17 then actually eliminates all
land use categories for the bonus square
footage. This elimination of all land use
controls pursuant to 15172.2.1 is substan-
tially greater upzoning than the proposed
changes in the notice indicate, thus ren-
dering the notice fatally and defectively
vague.
Add ".*Ar -; 0 F. -ION A --
Mrs. Lucia Dougherty
Page 2
January 9, 1985
Furthermore, the notice of a change from
RG 2/5 to RO 3/6 is also fatally vague in
that an ordinary citizen without zoning
knowledge would not know that accessory
uses for RO 3/6 include retail land use.
Further, noticing a change of ordinance
9500, as amended, by removing SP1-3 con-
veys no meaningful information to a
reader, and is also fatally vague.
Consequently the entire body of the
notice is unconstitutionally vague and
violates the Florida Constitution Article
III, Section 6; 166.041(2), Florida
Statutes, and the City of Miami Charter
4(f) Case law also indicates the
impropriety of the public notice of these
items. McGee v. City of Cocoa, 168 So.2d
766 (Fla. 2DCA 1964); Williams v. City of
North Miami, 213 So.2d 5 (Fla. 3 DCA
1968); City of Coral Gables v. Deschamps,
242 So.2d 210 (Fla. 3DCA 1970); North
Beach Medical Center v. City of Fort
Lauderdale, 374 So.2d 1106 (Fla. 4DCA
1979).
Should the City Commission proceed
with the 1st reading of these ordinances,
therefore, it would be acting totally
without constitutional authority. We
object to such violation on the grounds
presented above, and urge notice which
will inform the public of the actual
upzoning being sought in the Bayshore
corridor.
2. The proposed rezoning also changes the
Miami Comprehensive Neighborhood Plan by
changing the medium density residential
land use in the RG 2/5 strip along
Tigertail to a more intense land use, ie,
R/O plus "any land use" under 15172.2.1.
�A
W
fiR
Mrs. Lucia Dougherty
Paige 3
January 9, 1985
The public should be apprised of this
change also in the notices.
3. The intent of Ordinance 9500, as amended,
Section 3514.3 (18 month rule), according
to Mrs. Dougherty's memorandum of December
12, 1984, on Commodore Bay, is to "insure
that the City not'be burdened by pro-
cessing reapplications and that adjacent
property owners be protected from a repe-
titious application designed to wear the
opposition down..."
In November of 1983, the City
Commission enacted ordinance #9748, effec-
tive December 5, 1983, which upzoned pro-
perty in the subject area (see attached
copy of the ordinance). This is reflected
on the Zoning Atlas p.45. Consequently
City Commission hearing further rezoning
on this parcel of land before June, 1985
violates Section 3514.3. Further, since
SP1-17 and RO 3/6 on this parcel would be
inconsistent with the Miami Comprehensive
Neighborhood Plan, the waiver provision of
3514.5 is not available.
Similarly, in October of 1983, ordi-
nance #9678 became effective, which
upzoned 3216-28 Aviation Avenue from RG
2/5 to RO 3/6 (see attached copy of
#9678). Thus the City Commission hearing
further rezoning on this parcel before
kpril, 1985, also violates 3514.3.
The intent of 3514.3 has certainly
been violated by the repeated need for the
adjacent property owners to appear at
hearings on SPl-17 and related items, plus
the Terremark Center involving the same
area. Public policy considerations demand
that the violations of 3514.3 stop.
4. The Zoning Atlas p.45, also indicates that
there is a covenant on part of the land
•
7
Mrs. Lucia Dougherty
Page 4
January 9, 1985
along Tigertail included in the proposed
rezoning (see attached copy of ordinance
9680 for the location and covenant). The
provisions of 15172.1 may be inconsistent
with the covenant, and therefore preclude
the SP1-17 being applied to that parcel.
5. The 30 day notice rule for the January
loth City Commission hearing on these
items pursuant to 166.041(3)(c)(1) has
been violated in that the proposed SP1-17
ordinance was not in the file available for
public review when the notice was sent
out. The proposed ordinance was added to
the file on December 14, 1984.
For all of the above reasons, the agenda items relating to
the'Bayshore Corridor and Tigertail zoning amendments (agenda
items 48-51) should not be heard on January 10, 1985.
If I may provide additional information helpful to your ana-
lysis of my legal points, please let me know.
Thank you for your attention to our request.
Very truly yours,
'64",leZ'4."
SUSAN R. COHEN
SRC:da
Enc: Ordinance 9678
Ordinance 9748
Robertson covenant
cc: Mayor Maurice Ferre
Commissioner J.L. Plummer
Commissioner Demetrio Perez
Commissioner Miller Dawkins
Commissioner Joe Carollo
Ralph Ongie, City Clerk (for inclusion in the file)
Tigertail Assoc, Inc.
Coconut Grove -Civic Club_, Inc.
Mr. & Mrs. Ron Cold
Mr. Barry Fellman
Marjory Stoneman Douglas
r�►i7i '-
E__
e'"`1
LAW OFFICES
SITRAN H. COHEN
January 9, 1985
Mrs, Lucia Dougherty
Law Department, City of Miami
169 East Flagler Street
Miami, FL 33131
ICKELL AVENUE
Z rj. O SUITE 300
CIWKUI. FGO--WDA 881*1
TEdWIr "5 374-6777
Re: January 10 City Commission hearing: agenda items 48-51,
on the Bayshore - Tigertail zoning amendments,
SP1-17 and related items.
Dear Mrs. Dougherty:
This office represents the Tigertail Assoc., Inc., the
Coconut Grove Civic Club, Inc., both non profit Florida cor-
porations with headquarters in the City of Miami; Mr. & Mrs.
Ronald Cold, 2542 Lincoln Avenue, Coconut Grove, Florida, and Mr.
Barry Fellman, 2539 South Bayshore Drive, Coconut Grove, Florida,
for the proposed SPl-17 rezoning amendments (agenda items 48-51).
Upon reviewing the file, I have noted several procedural
defects which divest the City Commission of jurisdiction to hear
these items for the 1st reading on January 10, 1985:
1). The public notice for the January 10, 1985
hearing on these items does not suf-
ficiently inform the public of the essence
and scope of the proposed changes in that:
the proposed changes in the notice
indicate a change in land use of elimi-
nating the SP1-3; changing RG 2/5 to
R03/6; application of SP1-17; plus
amending ordinance 9500. In fact, the
parking bonus situation in 15172.2.1
allows rezoning to "any land use." For
example, under 15172.2.1, a building pro-
viding 500 bonus parking spaces could have
up to 100,000 sq. ft. of "any land use."
The SPl-17 then actually eliminates all
land use categories for the bonus square
footage. This elimination of all land use
controls pursuant to 15172.2.1 is substan-
tially greater upzoning than the proposed
changes in the notice indicate, thus ren-
dering the notice fatally and defectively
vague.
•
Mrs. Lucia Dougherty
Rage 2
January 9, 1985
Furthermore, the notice of a change from
RG 2/5 to RO 3/6 is also fatally vague in
that an ordinary citizen without zoning
knowledge would not know that accessory
uses for RO 3/6 include retail land use.
Further, noticing a change of ordinance
9500, as amended, by removing SPl-3 con-
veys no meaningful information to a
reader, and is also fatally vague.
Consequently the entire body of the
notice is unconstitutionally vague and
violates the Florida Constitution Article
III, Section 6; 166.041(2), Florida
Statutes, and the City of Miami Charter
4(f). Case law also indicates the
impropriety of the public notice of these
items. McGee v. City of Cocoa, 168 So.2d
766 (Fla. 2DCA 1964); Williams v. City of
North Miami, 213 So.2d 5 (Fla. 3 DCA
1968); City of Coral Gables v. Deschamps,
242 So.2d 210 (Fla. 3DCA 1970); North
Beach Medical Center v. City of Fort
Lauderdale, 374 So.2d 1106 (Fla. 4DCA
1979).
Should the City Commission proceed
with the 1st reading of these ordinances,
therefore, it would be acting totally
without constitutional authority. We
object to such violation on the grounds
presented above, and urge notice which
will inform the public of the actual
upzoning being sought in the Bayshore
corridor.
2. The proposed rezoning also changes the
Miami Comprehensive Neighborhood Plan by
changing the medium density residential
land use in the RG 2/5 strip along
Tigertail to a more intense land use, ie,
R/O plus "any land use" under 15172.2.1.
A. - ---
Mrs. Lucia Dougherty
Page 3
January 9, 1985
The public should be apprised of this
change also in the notices.
3. The intent of Ordinance 9500, as amended,
Section 3514.3 (18 month rule), according
to Mrs. Dougherty's memorandum of December
12, 1984, on Commodore Bay, is to "insure
that the City not be burdened by pro-
cessing reapplications and that adjacent
property owners be protected from a repe-
titious application designed to wear the
opposition down..."
In November of 1983, the City
Commission enacted ordinance #9748, effec-
tive December 5, 1983, which upzoned pro-
perty in the subject area (see attached
copy of the ordinance). This is reflected
on the Zoning Atlas p.45. Consequently
City Commission hearing further rezoning
on this parcel of land before June, 1985
violates Section 3514.3. Further, since
SPl-17 and RO 3/6 on this parcel would be
inconsistent with the Miami Comprehensive
Neighborhood Plan, the waiver provision of
3514.5 is not available.
Similarly, in October of 1983, ordi-
nance #9678 became effective, which
upzoned 3216-28 Aviation Avenue from RG
2/5 to RO 3/6 (see attached copy of
#9678). Thus the City Commission hearing
further rezoning on this parcel before
April, 1985, also violates 3514.3.
The intent of 3514.3 has certainly
been violated by the repeated need for the
adjacent property owners to appear at
hearings on SPl-17 and related items, plus
the Terremark Center involving the same
area. Public policy considerations demand
that the violations of 3514.3 stop.
4. The Zoning Atlas p.45, also indicates that
there is a covenant on part of the land
Mrs. Lucia Dougherty
Page 4
January 9, 1985
along Tigertail included in the proposed
rezoning (see attached copy of ordinance
9680 for the location and covenant). The
provisions of 15172.1 may be inconsistent
with the covenant, and therefore preclude
the SPl-17 being applied to that parcel.
5. The 30 day notice rule for the January
loth City Commission hearing on these
items pursuant to 166.041(3)(c)(1) has
been violated in that the proposed SPl-17
ordinance was not in the file available for
public review when the notice was sent
out. The proposed ordinance was added to
the file on December 14, 1984.
For all of the above reasons, the agenda items relating to
the Bayshore Corridor and Tigertail zoning amendments (agenda
items 48-51) should not be heard on January 10, 1985.
If I may provide additional information helpful to your ana-
lysis of my legal points, please let me know.
Thank you for your attention to our request.
Very truly yours,
SUSAN R. COHEN
SRC:da
Enc: Ordinance 9678
Ordinance 9748
Robertson covenant
cc: Mayor Maurice Ferre
Commissioner J.L. Plummer
Commissioner Demetrio Perez
Commissioner Miller Dawkins
Commissioner Joe Carollo
Ralph Ongie, City Clerk (for inclusion in the file)
Tigertail Assoc, Inc.
Coconut Grove Civic Club, Inc.
Mr. & Mrs. Ron Cold
Mr. Barry Fellman
Marjory Stoneman Douglas
■
J-83-621
i � z
967
k
ORDINANCE N0.
AYE
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE or
,
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
.r.
ZONING CLASSIFICATION OF APPROXIMATELY
3216 - 28 AVIATION AVENUE, MIAMI, FLORIDA,
'w
(MORE PARTICULARLY DESCRIBED HEREIN) FROM
RG-2/5 GENERAL RESIDENTIAL TO RO-3/6
RESIDENTIAL OFFICE; MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
45 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500, BY REFERENCE AND
4.`
DESCRIPTION IN ARTICLE 3. SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
'
of June 22, 1983, Item No. 3, following an advertised hearing,
,.=. ".
adopted Resolution No. PAB 67-83,_by a 6 to 0 vote, RECOMMENDING
APPROVAL of a change of zoning classification, as hereinafter set
forth; and
fP
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
Via•-
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 of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
h-, changing the zoning classification of approximately 3216 - 28
Aviation Avenue, Miami, Florida, more particularly described as,
Lots 14 through 22 inclusive, Block 39, NEW BISCAYNE AMD (B-16),
of the Public Records of Dade County, Florida, from RG-2/5
GENERAL RESIDENTIAL to RO-3/6 RESIDENTIAL OFFICE.
Section 2. It is hereby found that this zoning classi-
fication change:
(a) Is in conformity with the adopted Miami Compre ,ensive
!neighborhood Plan;
(b) Is not contrary to the estanli.=_hr3 1=.nd use pattern;
(_) ill ;t r• ?'. .�L7
_ 1
I
i
0
or the City;
(e) Would 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) Wi.11 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 develop-
ment 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 r
public welfare;
Section 3. Page No. 45 of the Zoning Atlas, made a part
of Ordinance No. 9500 by reference and description in Article 31
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
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 or provision of this Ordi-
nance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole.
PASSED ON FIRST READING BY TITLE ONLY this i,28th day of
:lulu • 1983.
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 29th
day of September _ _ , 1983.
TEST: Maurice A. Ferre
MAURICE A. FERRE, Mayor - --
C�
RAL H G. ONGIE
itv Clerk
7
PREPARED AND APPROVED EYt
EL E. MAXWELL
sistant City Attorney
APPROVED AS TO FORM AND
��CORRECTNESS.
SE R. GARCIA—PEDROSA
I#fCity Attorney
JEM/WPC/152
f' Ralph U• Ungle.
Cl
erk of the Etcreby certiry that on thr...-D.
/1!�-'CttY of Al:am�
14..$3 a run, day af....j1�4
and tort ainc trot anJ c ircec: Wily aT the ;.,L• .
F ojc tt, o::ncc was Pvrt�d at th. S.luth
of the Uac;c County Court House at the
for notices and pi.c, i
the Place Publications by attachin prvar;i, .�
provided thcretcr. B said col.. ;•,
tWaN SS my hand and the official
seal at ,,..�
. _.. _. City clerk
J-83--918
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY
3225-27-29 DARWIN STREET, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM
RG-2/5: GENERAL RESIDENTIAL TO RO-3/6:
RSIDENTIAL OFFICE; BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
45 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND DESCRIP-
TION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of September
13, 1983, Item No. 12, following an advertised hearing, adopted
Resolution No. ZB 144-83, by a 5 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 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 of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
by changing the zoning classification of approximately
3225-27-29 Darwin Street, Miami, Florida, more- particularly
described as the SE 95' of the NW 220' of Lots 5 and 6, Block 40,
OCEAN VIEW HEIGHTS (B-16) of the Public Records of Dade County,
Florida, from RG-2/5: General Residential to RO-3/6: Residential
Office.
Section 2.
fication change:
It is hereby found that this zoning classi-
(a) Is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
OOS
(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
area;
(k) Will not adversely affect property values in - the
adjacent area;
(1) Will not be a deterrent to the improvement or develop-
ment 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. 45 of the Zoning Atlas, made a part
of Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
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 or provision of this Ordi-
nance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole.
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
october , 1983.
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this _18th
day of November , 1983.
A. FERRE, Mayor
TTEST:
RALFH G. ONGIE
kCity Clerk
PREPARED AND APPROVED BY:
Mr4NX 9(Q)&/
G. IRIAM MAER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
ty Attorney
GMM/wpc/138
1, Ralph G. Ongie, Clerk of the City of Miami. Florida,
hereby certify that on thc...T.Y'l .. day of..,
A. D. 19..V a full, true and correct copy of the above
and Ior"oing ordir. nce v.., ro;tcd ^t til: South Door
of the Daur County Court ll.luse at the platz provided
for notic;s and puh:icaJoas by stizclli;,.. saiJ co, p to
the ptjcc lirovided therefor.
WITNESS my hind and th- fficia! seal of said
City this ...�7..y'.:..-d:,y . ..... A . 19..�,,,
............. .....
City Clerk
C O V E N A N T
WHEREAS, LORNA ROBERTSON ("Owner"), is the owner
of Loos 3 and 4, in Block 40, of Amended Plat of New
Biscayne, according to the plat thereof, recorded in Plat
Book B at Page 16 of the Public Records of Dade County
Florida (the "Tract"); and
WHEREAS, the Northerly 2201 of said Lots 3 and 4,
in Block 40 is presently zoned by the City of Miami R-4 (the
"Subject Property"); and
WHEREAS, the remainder of the Tract :.s currently
zoned by the City of Miami R-C; and
WHEREAS, Owner, for herself; her heirs,
successors, grantees and assigns, has filed an application
with the City of Miami for a change of zoning classification
of the Subject Property from R-4 (Medium Density Multiple
Dwelling) to R-C (Residential — Office); and
WHEREAS, Owner has offered to execute this
Covenant;
NOW THEREFORE, in consideration of the foregoing,
Owner, for herself and her heirs, successors, grantees and
assigns, voluntarily covenants as follows:
1. That upon the future development of the
Tract, the Northerly 100' of the Subject Property and
fronting at ground level on Tigertail Avenue will not be
used for surface level parking, and will berused as a
permanently maintained landscaped buffer; ingress and egress
to the balance of the Tract shall not be permitted through
thin .100' landscaped strip.
2. Nothing contained herein shall preclude the
use of said Northerly 100' of the Subject Property for underground
o
parking or for other lawful purposes.
.36 This Covenant will not be valid unless
accf:pLed by the City and shall remain in full force and
ef[�!c:t unless the City consents to the termination hereof.
4. In the event the City of Miami amends the
Zoning- Code so as to permit the same Floor Area Ratio* '(FIW)
on the currently zoned R-C portion of the Tract as would be
permitted if the entire Tract were zoned R-C, the Owner
agrees to:
a) not object to the future rezoning of the
Subject Property to R-4; and
b) will develop the Subject Property in
accordance therewith.
5. This Covenant is specifically enforceable by*
the City of Miami and all property owners within 300' of the
subject property.
6. It is -understood and agreed that this
Voluntary. Covenant shall not be binding or enforceable while
the existing uses of the Subject Property (to -wit,
residential apartments and parking therefor) continue, but
shall become binding and enforceable upon the demolition of
said improvements and the construction thereon of improvements
permitted by the R-C zoning district.
DATED on this day of February, 1983.•
-LORNA ROBEWR
STATE, OF FLORIDA
COUNT ( OF UADE
PERSONALLY APPEARED before ine, the undersigned
offir..!r, LORNA ROBERTSON, who executed the foregoing Covenant,
beh), ! rue, for the purposes therein expressed. ,
WITNESS my hand and official seal in the County
and • Le lest aforesaid on t-his !�:� _ day of February,
_46 w
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ZB October 18, 1982
AUG 22 AN 0
CR22.9iii -
E 11884 Pd886
C O V E N A N T
WHEREAS, L,ORNA ROBERTSON ("Owner"), for herself
and her heirs, successors, grantees and assigns, has filed
an Application for Change of Zoning Classification with the
City of Miami ("City") from R-4 (Medium Density Multiple
Dwelling) to R-C (Residential - Office) respecting the
Northerly 220' of Lots 3 and 4, in Block 40, of Amended Plat
of New Biscayne, according to the plat thereof, recorded in
Plat Book B at Page 16 of the Public Records of Dade County,
Florida, (the "property"); and
Covenant;
WHEREAS, the Owner has offered to execute this
NOW THEREFORE, in consideration*of the foregoing,
Owner, for herself and her heirs, successors, grantees and
assigns, covenants as follows: W
1. That upon the future development of said
property, the Northerly 100' of said property and fronting
at ground level on Tigertail Avenue will not be used for
surface level parking, and will be used as a landscaped
buffer, permitting ingress and egress only to the balance of
the property. -
2. Nothing contained herein shall preclude the-
-'use of said Northerly 100' of the property for underground
parking or for other lawful purposes.
3. This Covenant will not be valid unless
accepted by the City and shall remain in full force and
effect unless the City consents to the termination hereof.
DATED on this day of November, 1982.
Ow
IURtJA ROBE''RTSON
O 111884 P0,057
STATE OF FLORIDA
COUNTY OF DADE
PERSONALLY APPEARED before me, the undersigned
officer, LORNA ROBERTSON# who executed the foregoing Covenant,
before me, for the purposes therein expressed.
WITNESS my hand and official seal in the County
and State last aforesaid on this �i�'day of November,
1982.
Notary Public
_ a
% jj�,•
My Commission Expires:
iC�A Al LAP
G'.rl':5 r,ER 10 J984 ^ •� �., �`
iECORDE0 IN 01"C' 0R D "Col"
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of
OADC COY
RICOAD VER1110
Fj.AR p B COURT
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