HomeMy WebLinkAboutO-09400ORDINANCE NO, 4 01 0
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE t!NINO
CLASSIFICATION OF THE NORTHWESTERLY 220'
OF LOTS 6, 7 AND 8, BLOCK 41, RHODES AMENDED
PLAT OF NEW BISCAYNE (BL 16) , BEING APPROXIMATELY
2661-2665 SOUTH BAYSHORE DRIVE, FROM R-4
(MEDIUM DENSITY MULTIPU) TO R-C (RESIDENTIAL
OFFICE), AND BY MAKING THE NECESSARY CHANCES
IN THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board at its meeting of
July 20, 1981, Item No. 3, following an advertised hearing,
adopted Resolution No. ZB 137-81 by a 4 to 2 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. Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is hereby
amended by changing the zoning classification of the Northwesterly
Section 2. That all Ordinances, Code Sections or
parts thereof in conflict herewith be and the same are hereby
repealed insofar as they are in conflict.
Section 3. Should any part or 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,
PASSED ON FIRST READING BY TITLE ONLY this 28th
day of JANUARY 1982
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this 25th day of March 1982
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
ATTEST:
RAEPH G. ONGIE
CLERK
CITY CLiERIK
PREPARED AND APPROVED BY:
TERRY V. ?ERCY
ASSISTANT CITY ATTC"EY
APPROVED AS TO FORM AND CORRECTNESS:
GEORG F. KNOX, JR.
CITY A TORNEY
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%OI,rtJ;'I`'A2Y G'C)VEr1ANi l'N:umNnGya l TIIi� Ia�IIyJ
This Voluntary Covenant, made and entered into this
day of,. , 1982, by IRbvTA PROPERTIES
a Netherlands Antilles corporation, hereinafter
referred to as "Irvona", and CENTRAL BANK �I� TRUST COIMPAN`�',
as Trustee under Land Trust #78W1..T-62=1291, nerexnatter
referred to as "Central. Bank", hereinafter collectively
referred to as "O�.mers" ,
W I T N E S S E T H:
WHEREAS, Irvona is the record title-holder of the
following described real property situate, lyirid and being
in Dade County, Florida, to -wit:
Lot 8 and the West 1/2 of Lot 7,
in Block 41, of RHODES A!,ZNDED PLhT
OF ?NIEW BISCAYNE, according to the
Plat thereof, as recorded in Plat
Book "B", at Page 16, of the Pubic
Records of Dade County, Florida;
and,
WHEREAS, Central Bank is the record title-holder of
the following described real property situate, lying and
being in Dade County, Florida, to -wit:
Lot 6 and the East 1/2 of Lot 7,
in Block 41, of RHODES A1-ENDED PLAT
OF NE4. BISCAYNE, according to the
Plat thereof, as recorded in Plat
Book "B", at Page 16, of the Public
Records of Dude County, Florida;
and,
WHEREAS, the City of Miami has granted a change of
zoning as to the North 220 feet of the above -referenced
parcels from R-4 to R-C; and,
WHEREAS, the general public will benefit by the
increased building yard area and additional landscaping.
NOW, THEREFORE, in consideration of the benefits
of the neighborhood and of the general public, the
Owners hereto covenant as follows:
MANN UADY CORRIGAN 6 ZELMAN. R A.. ATTORNEYS AT LA)V, 444 BRICKELL AVE SUITE 930. MIAMI,.Fi_k 3313' TI:L. 4305) 3,8,5009 '
9400
400
I
T The Owners agree that the North 1.00 feet of r
the above-refetenced parcels shall be used exclusively
eLa«1
for landscaping purposes, and for egress and ingress,,,for
service purposes , to and from the above-referenceri
parcels, and shall specifically permit the construction
of below -grade parking facilities and related uses .* (Sae attachment -
Page 4) ,
2, The parties hereto agree that this Voluntary Cove-
nant h existing
nant shall not be binding or enforceable ti•�ni1c the e�� ,,�
uses of the 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 peri-nitted by the
R••C zoning district.
3. Upon the demolition of existing improvc::zer.ts oL:
the subject property, and the construction thereon of im-
provements permitted by the R-C zoning district, this Cove-
nant shall run with and bind the land until released there-
from by the City of Miami City Commission.
IRVOiTA PROPER TES N . V .
` ���w • B
Witness
Witness
Donn v. uorrzgan, Jr.,
Authorized Representative
CENTRAL BAN' & TRUST COMP iY ,
as Trustee under Land Trust
F78-LT-62-1291
and S.at 'Indivi4Ually
By • c � Tr u•l�rttl
Irnaver there is re;a e—nce cu an oo14;ati1u k-F ;4.t 4ow1Ltiyeme..r, .s abrea4 a :d idL!rat:ond
_het this reierence shall mean :he obligation of the Bereiiciary or, y, and
MM is express:; uncerst:. ,d sad ^.greed b, ace b meen ;:x• parties .1.eret, anr.tL;nc herelz .o cantrar7 ,.or-.; S. naing.
".at each sac a!: of the rep,reSaCt?,Ltp1:, 'r:.aL ea, c3VC=..r,t5. .« 4ertakl.r..as an:•..srze,,. : 5 hereir, —ce ^rC the ,^. art of
t
ie Trustee wale to for= pu;vrt , to be t4c reFrese-taticns, w^ ^ra, es, c; rnraot�, LJZde. r1,` gs ar.d A ,: ee=cr a'
ale Trustee ,are Lererthe:ess eat:4 inti er•er'F one of the« , at.t a:» :.: a.,,ec act aG _w 5,...a' re—
warrzraes,
Ver.:.nts, 'andera,i rs .a ag ee ;ants by the Tr, stee or for tS ,x:rp:�sg or a.t,.e a t:on CC bittd',rg 5a34 T s.ee
ersonally bat are r.,a'e aad ' tended for t: a pt:r?Qse tt a: c', =t ?o;;:or of t4f., tr 52 Frope: r'i •'„ally describe
ere n, 1An4 tht: lasz « e,.t s executed and de::vered b sal= s e not s. i:s ? r;g^ cs t solely a tae eier�._r of the
�t ers conferred a c,. i; as s T;•.ts:ec and t«at ao persona' tea, `,;� it per,.,._: res rs't l`ty', 2S6'a=e ;hy nor sh-,
any tine �e asserted ore o, cible ar..;nst the Cer.tr ai 1•4r. a..d Ns ti ar. or irk^ of .o#nT�C5 t.ZCer G,il
rase Agreement, cn c o_ .t at t #s :zstr: re .t or ca ac our; o ar.F repr se ntac:aa, Sca.-rang, s cv grant, t nCCTCiL:ng or
reetaent of the 6a, ^ ;s:ee, v hetr.er cr sot 'a tris as'.^tt« art core e::tcr ea; ras58ti v: S.:,pliec,
{ 1 « all sect: Persona;
aGtj t any, beiag eg-ress y ws;ve�,re eyse'..
aAti' TRL'a CON'.?A t"
, , :eras ur ez
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41ANN VAPY CORRIGA.N ti ZE: NIAN A A., ATTORNEEY$ AT LAW $Ay E,RICstLL 'WE, SUITE y�4 n nmx r� , apt �a TEt . t30$1 iSRi•}QOQ
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S14ORN TO AND SUBSCRtBEn before me
by John P. Corrigan, jr,, Authorized
cif � IRVONA PROPERTIES
N. V, this -21A- day of Plarch, !982.
Nota Y Public*,L' St I t" o - Florida
My c rinission eX.KV" s:
NOTARY pU�jjr- STATE 0} FLORIDA Al LAPCA
MyUN EXPIRES AL1,3 28 1982
b0NDLD JtjkU CANEkAL INS. UNDLk`y?'Ifm
SWORN TO AND SUBSCRIBED before me
by —
J. 'Xii.)
and Tri-:---L Officer of CENTRAL BANK
& TRU-COMPANY, as Trustee -ur.der
Land Tz-iAst -'�78-LT-62-1291, this
25th day of March, 1982,
6 9j--zz,
Notary Public, State of Flo l-f��-' a
*My contm.i.ssion expires:
NOTARY NH,C F,'OUDA AT LARG%:
My
BONOLL)
�3-
MANN DADY CORR-GAN d ZELMAN. P A.. ATTORNEYS AT $.AW 444 URICAEc.t. AVE-. Sj.31Tr 93Q, MIAMI FLA 'TEj. 3,3131 358.5400
0 0
And with respect to ingress and egressAand connections to on• -site
parking from Tigertail Avenue, the plans shall be subject to review
and approval by City of Miami Public V!orks Department and Dade County
Traffic and Transportation Divisions prior to building permit,
MIAMI REVIEW
ANb bAILY AtCO§b 0
Pubilshed bally asicept Sa(ufday, Sunday and
Legal Holidays
MIAMI, Oadd County, Florida.
StAt@'i1P FLCIt1bA
d6UNTY OP Ublfti
Oeffffe thb undetbighed authbtity patenhalty Appeafed
Mating Shiver, wh6 bh 6ath gayfi that she Ia tho Assibtah't 16
thb Publibhet 61 the MIAMI Ravlew and daily Retaatd, a daily
(atttiept satutday, Sunday and lagal N811daya) hawapbpet,
Oublibhed fill MIAMI in Dade County, Plbtlda; that the attat:had
copy tit advettlaamaht, belhg a Legal Advoffiaalftant 61 Nbtlba
in the Matlat of
CITY OF MIAMI
IN 'RE: ORDINANCE NO, 9400
In the ..... ...... X ..X.. ....:....... Court,
was published in geld newspaper In the Issuab of
Apr 1, 1982
Afflaht further says that the said Miami Review and belly
Record Is a newspaper published at Miami In said Dade bounty,
Florida, and that the said newspaper has hetetofots been
continuously published in said Dade County, Florida, each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter it the post office in
Mlaml in said Dade County, Florida, for a period of one yeat
next preceding the first publication of the attached copy of
advertisetnenq and affiant further says that she has he�that
geld nor promised any person, firm or corporation any discount.
rebate, commission or refund for the purpose of securing this
advertisement for publication In the said newspaper.
Willil
i
«Swerj , to end sAcrfLed before me this
15 t day of '• SAp r .f' , .. a . A.D. 1g.8 2 ..
v . Betty d: Brooks
ot�ary public; �tete cf Florida at Large
(SEAL)
My Commisslon Azplred Juna'i, 1093.
MR 115
!I
OitV OP MIAMI
DOI OOUNtY, t=LOM110A
All Interested will take notice that on the 251h day 61 Mardh 1082,
the City CorfiRilsslon of MIAMI, FlOdda adopted the following tilled
r5rdinanoesi
ORDINANCE NO.9400
AN ORDINANCE AMENDING ORDINANCE NO.,6811, THE COM-
PREHENSIVE ZONING ORDINANCE POR THE CITY OF MIAMI;
BY CHA LGYI 220 OF ONIN 67CLASS91PICATION OF THE NORTH•
AND 8, BLOCK 41, RHObES
AMENDED PLAT OF NEW BISCAYNE (B-16), BEING APPR6X1-
WELY 2661.2665 SOUTH BAYSHORE DRIVE, FROM A4 (MEDIUM
DENSITY MULTIPLE) TO R-C (RESIDENTIAL OFFICE), AND BY
MAKING .THE NECESSARY CHANGES IN THE ZONING DIS-
TRICT MAP MADE A PART OF SAID ORDINANCE NO, 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE 111. SECTION 2,
THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS,
OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEV•
ERABILITY CLAUSE.
RALPH G. ONGIE
CITY CLERK --
CITY OF MIAMI, -rLORIDA
+OAF FI.0��0
Publication of this Notice on the 1 day of April 1982
411 M82.040167
P7)
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
4
TO$ Howard V. Gary DATE: July 27, 1981 FILE -
City Manager
vi SUBJECT CHANGE OF ZONING-app.2661-65 S.Bayshore D
Central Bank & Irvona Properties
COMMISSION AGENDA -September 24,1981
FROM: A"Pere REFERFNCI:SPLANNING AND ZONING ITEMS
` Director
Planning and Zoning Boards ENCLOSURES:
Administration
The Miami Zoning Board, at its meeting of July 20, 1981, Item #3, following
`' an advertised Hearing, adopted Rei6lution No. ZB 137-81 by a 4 to 2 vote
RECOMMENDING APPROVAL of a Change3df Zoning Classification of the Northwest-
erly 220' of Lots 6, 7 and 8, Block'41, RHODES AMENDED PLAT OF NEW BISCAYNE
(B-16), being approximately 2661.4665 South Bayshore Drive, from R-4 (Medium
Density Multiple) to R-C (Residential Office).
a: Four objections received in the mail=; four objectors present at the meeting.
One proponent present at the meeting.
An ORDINANCE to provide for this!Ohange of Zoning has been prep tare. f;y the
City orney's office and submittled for consideration of tip
Commission.
AEPL:cm
cc: Law Department
NOTE: Planning Department recommendation: DENIAL OF THE PROPOSED REZONING
t OF THE ENTIRE SITE, APPROM OF REZONING ALL BUT 100IN DEPTH OF
THE R-4 ZONING ON TIGERTAIL.
i
8 2 - 2 7 3J
ZONING FACT SHEET
LOCATIO`!/LEGAL Approximately 2661-2665 South Bayshore Dr.
Northwesterly 220' of Lots 6, 7 and 8;
Block 41;
RHODES AMENDED PLAT OF NEW BISCAYNE (B-16)
OWNEP,/APPLICANT Central Bank and Trust Company
'{ Nelson N. Ramirez (Authorized Representative)
1313 N.W. 36 Street
Miami, Fla. Phone #635-3281
and
Irvona Properties N.V.
a Netherlands Antilles Corp.
c/o Mann Dady Corrigan & Zelman
444 Brickell Avenue #930
Miami, Fla. 33131 Phone #358-5300
Richard M. Zelman
(Attorney for Applicant)
j 444 Brickell Avenue
Miami, Fla. 33131 Phone#358-5800
ZONING R-4 (Medium Density Multiple).
REQUEST Change of Zoning Classification to
R-C (Residential - Office).
RECOMMENDATIONS
PLANNING DEPT. DENIAL. The proposed change of zoning from
R-4 to R-C would conflict with the City's
Comprehensive Neighborhood Plan which
designates all four corners of Tigertail and
S.W. 27th Avenue running for several blocks as
being developed with moderate density residential
uses. There has been no change in the current
land use pattern to justify a rezoning to R-C.
R-C zoning would permit development which is too
intense for the location (R-C permits up to a
1.65 F.A.R. with no height restrictions. R-4
permits a 1.1 F.A.R. with a 4 story limit).
Housing which is at such a premium in Miami
should not be sacrificed for office development.
82_�w73^1
I
PUBLIC WORKS
D.0.T.T.
ZONING BOARD
No dedication is requested.
The Department of Traffic and Transpor-tatiDn
has no objection to this proposal.
PLANNING DEPT.
REVISED RECOMMENDATION:
Deferred on July 6, 1981.
DENIAL OF THE PROPOSED REZONING OF THE ENTIRE
SITE. APPROVAL OF REZONING ALL BUT 100' IN
DEPTH OF THE R-4 ZONING ON TIGERTAIL. By
maintaining a 100' deep strip zoned R-4, no
use, such as an office building or a garage,
would be permitted which might adversely
impact the residential character of the street.
One hundred feet is the minimum distance which
will leave enough space for construction of
moderate density residential development. The
City's Comprehensive Neighborhood Plan shows
that the residential character of both sides
of tigertail should be maintained.
ZONING BOARD RECO1414ENDED APPROVAL on July 20, 1981 by
a 4 to 2 vote.
CITY
COMMISSION 9/24/81 - DEFERRED AT REQUEST OF APPLICANT.
10/22/81 - CONTINUED to next meeting.
11/19/81 - CONTINUED to January.
1/28/82 - APPROVED ON FIRST READING.
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