HomeMy WebLinkAboutR-80-0335RESOLUTION 110. 8 7- 3 3 5
A RESOLUTION GRANTINC A PETITION FOR A PLANNED
AREA DEVELOPMENT (PAD) ON LOTS 47, 48, 49, AND
50, BLOCK B. MARY & WILLIAM BRICKELL (B-96)
AND SUBMERGED LAND LYING SF.'LY OF LOTS 47, 48,
49 & 50, BLOCK B; MARY & WILLIAM BRICKELL (B-96),
OF THE COMPREHENSIVE ZONING ORDINANCE 6871, AND
PLANS ON FILE, SAID PAD TO CONSIST OF 1140 HUNDRED
THIRTEEN (213) RESIDENTIAL UNITS IN A PROPOSED
TOWER STRUCTURE AND AN EXISTING STRUCTURE. TO BE
USED FOR RECREATIONAL PURPOSES, AND SUBJECT TO
APPROVAL OF MODIFICATION OF THE REQUIREDTENTS IN
SECTION 3(4) (b) OF THE CITY OF P1IAMI CHARTER
CHAPTER 10847; ZONED R-5A (HIGH DENSITY MULTIPLE
DWELLING); SUBJECT TO THE FOLLOWING CONDITIONS:
1) DEDICATION OF THE 70' RIGHT-OF-WAY ROAD; 2)
FILING OF A COVENANT THAT THE LANDS UNDERWATER
WILL NOT BE FILLED; 3) ANY FUTURE MARINA
DEVELOPMENT WILL REQUIRE APPROVAL OF THE. URBAN
DEVELOPMENT REVIE.t BOARD AS A MODIFIED P.A.D.;
4) THE GARAGES IN THE: RIGHT-OF-WAY TO BE
MAINTAINED UNTIL RIGHT-OF-WAY IMPROVEDIENTS ARE
STARTED; 5) PER PLANS ON FILE INCLUDING LAND-
SCAPE PLANS, DATED FEBRUARY 14TH, 1980, SHEETS
1-7; 6) PRESERVATION OF THE EXISTING MANSION;
AND 7) PRESERVATION OF THE SHORE LIME IN ITS
NATURAL STATE.
WHEREAS. the Miami Zoning Board. at its meeting* of
Anril 7. 1980, Item No. 9 (b). following. an advertised hearing adopted
Resolution ZB 62-30 by a 6 to 0 vote recommendinP approval of a Planned
Area Develonment (PAD) as hereinafter set forth; and
WHEREAS, the Citv Commission finds that the applicant meets
all of the standards for PADS set forth in the Comnrehensive Zonins*
Ordinance; and
WHEREAS, the Citv Commission finds that the applicant
has followed all of the procedures and submitted all of the documents
necessary in accordance with the Comprehensive Zoning Ordinance: and
WHEREAS, the Cite Commission finds that the PAD meets all
of the standards for a Conditional Use as outlined in ARTICLE XXI-I of
the Comnrehensive Zoning Ordinance: and
WHEREAS, the Citv Commission deems it advisable and in the
best interest of the general welfare of the City of. Miami and its inhabitants
to grant the petition for the application of a Planned Area Development
(PAD);
NOW, THEREFORE, BE IT RESOLVED BY THE. COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The petition for a Planned Area Development
(PAD) on Lots 47, 48, 49, and 50, Block B; MARY & WILLIAM BRICKELL (B-96)
and submerged land lying Se'ly of Lots 47, 48, 49 and 50, Block B,
MARY & WILLIAM BRICKELL (B-36) being 1643 Brickell Avenue, CITY COMMISSION
MEETING OF
MAY 7 1980
MOWi1oM
t.
consisting of two hundred thirteen (213) residential units in a
proposed tower structure and an existing structure to be used for
recreational purposes, and subject to approval of modification of
the requirements in Section 3(4) (b) of the City of Miami Charter
Chapter 10847; zoned R-5A (High Density Multiple Dwelling), be and
the same is hereby granted, subject to the following conditions:
1) dedication of the 70' right-of-way service road; 2) filing of
a covenant that the lands underwater will not be filled; 3) any
future marina development will require approval of the Urban Develop-
ment Review Board as a modified P.A.D.; 4) the garages in the
right-of-way to be maintained until right-of-way improvements are
l/
started; 5) per plans on file including landscape plans, dated
February 14th, 1980, sheets 1-7; 6) preservation of the existing
mansion; and 7) preservation of the shore line in its natural
state.
PASSED AND ADOPTED this 7th day of May
Maurice A. Ferre
M A Y 0 R
ATTEST:
RAL H G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
TERRY V. PERCY
ASSISTAN CITY ATT RNEY
APPRO-VE4) AS TO /FORM ,AND CORRECTNESS:
GEORG . KNOX, J .
CITY ORNEY \
1/ Plans�on file r
. 1980.
---------------------------------------------
lect a Floor Area Ratio of 1.92.
-2- 80'33,5
BEFORETHE CITY COI'MISSIOI'I
OF THE CITY OF 1,11AP•1I
so -
CASE NO.:
IN RE: LA SANTA 'NARIA APPLICATION
FOR A PLANNED AREA DEVELOPMENT ) ��
(1 G43 Bricl:e l l Avenue) S`
)
SAVL BRICICELL AVENUE, INC. , ) ��
a corporation not for profit
under thelaws of the State of )
Florida on its oeni behalf and ) ��
on behalf of all others similarly
oituated, ) Oa
Appellants, )
vs.
THE CITY OF I-IIAMI, FLORIDA, )
a municipal corporation and
political subdivision of the
State of Florida, and
SOUTI-IEASE BAI';W'.ND TRUST COMPANY, I`1.A..
AS TRUSTEES, owner of property and applicant, )
and HERCEDES I. FERE'E, owner and applicant, )
and OLYI•kI'IA A:•IP YOPU. DEVELOPMENT, LTD., a �
Toronto, Canada conn-lomerate, applicant and
developer, and SAIiTA I''1ARIA DEVELOPMENT GROUP, )
a pertnership,.cicveloper and applicant ) '
Appellees )
NOTICE OF APPEAL
IIOTICE IS HEREBY GIVEN that Save Brick•:ell Avcn1-- , Inc . ,
on its own behalf and on behalf of all others similarly situated,
Appellants, appeal to the Citcuit Court of the Eleventh Judicial Circuit
in and for Dade County, Florida, the Resolution of the City Commission
of the City of ikiami adopted Iiay 7, 1980, �;rantir.E unto applicant
Southeast Bank and Trust Company, PJ .,as trustees-, o•:rner of property
an�i applicant, i:Crcedees ill. Yox ee, ornler and ap--lica;lL' j Olyl�pia and
lorh Develonmc:zt, L'TD., a Toronto, Canada con lo:ueratc, applicant
and develo-cr, , a:t'' Santa Maria Develo;)i.ont ;Troup, a pur, nership,
evelopel• and applicant, any or all of them, z "l..L:.::C•. Area
onI ofs 474I,, 4, ancI
.c•� e (. ,
4ji �_l..,LL (L-J ) , arld SUDIae1'�,ecl laI7cl l;y'lr?, SI.E ly Of ;.,c,i.:.; tI 7 , 4r ,
`:0i;a 'ILLIEI l LLL —3�'), 1;, .3 .,,1;1oci:�, iL%Dric.:e'_1
?''-C, undor t.,c City O 1'ilaI?1 'Oi71Ii OT`d1Tic:ICe. .':;C....ture Ci tI'ie
_'esolution is a fi-nal order. Appellants seek. reVi^'., of tho ad,rtinistrativ,
action of Al-pellccs pursuant to Rule, 9.030 (c) (1) (c) al:c
:;.110, ?loricia i,ules of Appellate rrocedure.
.-unt to Section 1G�.250,_'lcrir�'a ;ta�ztcc (1079) an::
If
�.(�)^l'O, 1,%:L;ect:lnn OiU . I _ A,
eXi�i6r `9- i to ,�
i
Court shall be by trial de novo.
E
Steven H. Brotman
Counsel for Appellants
1401 Brickell Avenue
Miami, Florida 33131
(305) 3 74-8 678
CERTIFICATE OF SERVICE '
I HEREBY CERTIFY that a true and correct copy of the foregoing
Notice of Appeal was served by mail this 6th day of ,Tune, 1980
upon the following:
George Knox, Jr.
City Attorney
City of I,Ia�:i
174 East Fla�;ler Street
Iliami, Flo. icla 33131
Roehert H. Traurig
ureenl�er :'rauri Askew Hoffman Lipo€f Quentel & Volf, P.A.
Attorney for r'.1,,plicant
1401 3rickeil Avenue
Miami, Florida 33131
Steven H. Brotman
Il
LrxH /8/T 4 . P z of A.
ARTICLE X-1- HIGH DENSITY MULTIPLE R-SA DISTQICT (ORD. 7082) ,
The following regulations shall apply in all It -SA Districts:
Section 1.- USE REGULATIONS
r
No building or stricture, or part thereof, shall be erected, altered or used aq land or water used in
whole or in part, for other than one or more of the following specified uses:
(1) Any use permitted in an R-2 District, subject to the USE REGULATIONS specified in said
District.
(2) Apartment building not exceeding a density of one dwelling unit for each four hundred and fifty
(450) square feet of lot area, provided, however, that when a lot is developed for apartment
usage in an R-SA District which oh,tts a road that is included in the State Syst m of Primary
Highways, a seventy (70) foot wrvicu drive extending for the full length or width of the lot along
such road and providing limitod oc(css thereto, shall be dedicated, in order to assure proper
traffic circulation to accommodate uportment development, as well as to afford to the general
public proper convenience and amenities, except that service drives may be reduced in width or
eliminated at the discretion of the Zoning Board, in a District in which the overall street design
for the District provides adequate access and traffic circulation without the use of a service
drive. (ORD. 7508) (ORD. 8225)
(2-A) The following USES, if approved as "CONDITIONAL USES": (ORD. 7357)
(a) Docks and piers extending into Biscayne Bay a distance greater than twenty-five (25) feet
beyond the fade County Bulkhead Line subject to the limitations and conditions prescribed
by Section 23 of ARTICLE IV.
(b) Private clubs accessory to a permitted use of an apartment building containing a minimum
of two hundred (200) dwelling units. (ORD. 8065)
(c) Restaurants operated in conjunction with apartment or office developments subject to the
provisions of Article IV, Section 20, (2) and (3). (ORD. 8132)
(d) Marine fuel pump as an accessory use, in marinas with more than fifty (50) slips, provided
that no advertising signs are permitted and the facility is used exclusively by residents of
the site. (A certificate of use lwrmit is required.) (ORD. 8483)
(3) Uses accessory to the above uses not involving the conduct of any business, trade, occupation, or
profession, unless otherwise slxrcified in this Ordinance.
Section 2.- AREA
(1) The lot area shall be at least ten tharsand (10,000) square feet with a minimum average width of
one hundred (100) feet.
(2) A lot which has less width or less rirea than here and above required, which was a platted of
record prior to September 25, 1946, the date of Ordinance No. 3179, may be utilized for a
multiple -family dwelling if it has an average width of at least forty-five (45) feet and a lot area
of at least forty-five hundred (4,500) square feet. If It has an average width of less than forty
(40) feet or a lot prep of less than four thousand (4,000) square feet, it may be utilized only for a
single-family dwelling. (ORD. 7624)
Section 3.- YARDS
(1) FRONT YARD:
(a) Every lot shall have a front yard not less than twenty (20) feet in depth, except in instances
where the lot abuts a service drive as referred to in Section I, (2) above. In such instance
the front yard shall be not less than five (5) feet in depth for the first thirty-two (32) feet
of building height and at least twenty (20) feet in depth for buildings in excess of thirty-two
(32) feet in height, and in no instance shall any point on the building above thirty-two (32)
feet be closer to the centerline of the combined right-of-way of the service drive and the
contiguous road than one-half 02) the height of said point above grade. (ORD. 7413)
l
42 RFV. k)-76
(2) SIDE YARD: (ORD. 7508)
(a) Every lot used for a one -family, two-family, or a multiple -family dwelling shall have a side
yard on each side, each of which shall have a width of at least fifteen (IS) percent of the
width of the lot, provided that no side yori shall be less than nine (9) feet nor required to
be greater than eighteen (18) feet in width for a building not exceeding a height of twenty-
five (25) feet.
(b) On corner lots a side yori at least fifteen (IS) feet in width shall be provided on the side of
the lot abutting on the side street for uildin , no' exceeding a height of twenty-five (25)
feet.
(e) The width of the above -required side yard shall he increased by one (1) foot of every two (2)
feet of building height above twenty-five (25) feet. Where a side lot line abuts a street, the
side yard required shall by in no rase
Il
LCY14181 T 14X P. I or 2
A
i
Section 4w
Section S.-
Section 6.-
Section 7.-
Section S.-
A 0
greater than twenty (20) feet, but no point on the building shall be closer to the centerline
of the side street than one-half 04 the height of said point above grade.
(3) REAR YARD. (ORD. 7508)
(a) Every lot shall have a rear yard not less than twenty (20) feet in depth plus an additional
one (1) foot for each two (2) feet of building height above twenty-five (25) feet.
(4) CREDIT FOR ADJACENT PUN -IC OI'LN SPACE: (ORD. 7508)
(a) Where a lot abuts a public park, playground, cemetery, or body of water at least one-
hurtdred (100) feet in width, or is separated from such public open space only by a public
street, the yard required on the side of the lot adjoining the public space for that portion of
the building above twenty-five (15) feet in height shall be reduced by an amount equal to
the width of the public open space, provided, however, that in no instance shall the required
yard area be reduced by more than one-half (12).
HEIGHT (ORD, 7508)
There shall be no absolute height limits in this District, except as required by ARTICLE IV, Section 37.
FLOOR AREA RATIO (ORD. 7689)
The floor -area ratio shall not exceed 2.00 except as herein provided: The floor -area ratio may be
Increased by 0.02 for every fifty (50) square feet of floor area that the average dwelling unit size is
Increased above an average of seven hundred (700) square feet per unit for any one development, but in
no instance shall the floor -area ratio exceed 2.20.
LOT COVERAGE
The lot coverage permitted shall not exceed the following: (ORD. 7508)
HEIGHT OF BUILDING
20.0
feet or less
20.1
feet to 30.0 feet
30.1
feet to 40.0 feet
40.1
feet to 50.0 feet
50.1
feet to 60.0 feet
60.1
feet to 70.0 feet
70.1
feet to 80.0 feet
80.1
feet to 90.0 feet
90.1
feet to 100.0 feet
100.1
feet to 110.0 feet
110.1
feet to 120.0 feet
120.1
feet to 130.0 feet
130.1
feet to 140.0 feet
140.1
feet to 150.0 feet
(S0.1
feet to 160.0 feet
160.1
feet to 170.0 feet
170.1
feet to 180.0 feet
180.1
feet to 190.0 feet
190.1
feet to 200.0 feet
200.1
feet to 210.0 feet
210.1
feet to 220.0 feet
22Q.I
feet to 230.0 feet
230.1
feet to 240.0 feet
240.1
feet to 250.0 feet
250.1
feet to 260.0 feet
260.1
feet to 270.0 feet
270.1
feet to 280.0 feet
280.1
feet to 290.0 feet
290.1
feet to 300.0 feet
MINIMUM FLOOR AREA
PERCENT OF LOT AREA
30%
28%
26%
24%
23%
.22%
21%
20%
19%
18%
,J 7%
16%
15%
14%
14%
14%
13%
12%
12%
(ORD. 8136) 11%
11%
10%
10%
9%
9%
9%
8%
8%
8%
(1) The minimum floor area for a one -family or two-family dwelling shall be six hundred and fifty
(650) square feet per dwelling unit.
43 REV.2-1-73
(2) The minimum floor area for a multiple dwelling shall be five hundred and fifty (550) square feet
per dwelling unit for dwelling units not containing more than one (1) bedroom.
(1) The minimum floor area for a multiple dwelling shall be six hundred and fifty (650) square feet
per dwelling unit for dwelling units containing more than one (1) bedroom.
IJSANLF OPEN SPACE (ORD. 7508)
(1) For each dwelling unif a minimum of Iwo -hundred (100) square feet of usuh:e open space shall be
provided on the site.
Fx#ffi/T 4 x P. a 00W ZL
CITY OE' MIAMI
DEPARTMENT Ut' ADMINISTRATION FOR PLANNING 'K ZONING BOARDS
P. 0. BOX 708, MIAMI, FLORIDA 33133 - 579-6082
APPLICATION FOR PUBLIC HEARING BEFORE 'THE; ZONING BOARD
(Land Fill and Dredge; P.A.D.; Vacation of Street or Alley; waiver
of Development of Parkinq; and others as required).
_REQUIREMENTS•
1. All documents, reports, studies, exhibits, or other written or
graphic materials, if any, to be used by the applicant in support
of the application shall be submitted with and be a part of this
application.
2.
3.
4.
5.
Certified list of owners of real estate within 375' radius from
the outside boundaries of the subject parcel.
Surveys, sketches, plans, as required (See supplemental require-
ment sheets).
Fee of
follows:
15,975.00 to apply toward cost of processing, as
For Vacation of Right -of -Way ......... ..... ......$2.00/running
foot of RAI
Min. $200.00
For Planned Area Development(PAD)....... 0....... $75./dwelling unit
and/or Commercial Development ...$.04/sq.ft.of Floor Area
For others(except C/7.oning, Variance,
or Conditional Use..................$300.00
Affidavit by the owner of the property, or his attorney, that all
facts as represented in the application are true and correct.
DATE March 18, 19bO
The undersigned, being the owner or representative of the owner, of the
property located at 1643 Brickell Avenue
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 47,4£3, 49 & 50
Block B
NIARY & WILLIA:4 BRICKI:LL (B-90) and submerged land lying
SUBDIVISION SE'ly of Lots 47,48, 49 & 50, Bloc': B; bLARY & wILLIAM
BRICKELL (13-96)
do(es) respectfully petition and request A Planned Area DeveloPnient (PAD)
on above site, a:-) per ARTICLE XXI-1 of th.� Comprehcn:iive Zoning Ordinance
6£371 and T)lan,s on file, said PAD to con:;i;t of t%;:o hundre(I thirteen (213)
re;3identi%il ,snit:_; in -i propose(! tor.:er structure ,ind nn exi:,Lincj structure
to be u:;ed for recreational F,urpo: ec, and :�ub-jvct to ai)proval of modification
of the in Section 3 (4) (b) of the City of !•liami. Charter Chapter
108-17; ;�oried 1t-5A (IIigh Den ity multiple In:ellinct) .
SIGNED ADDRESS PHONE NO.
DXµ/a /T B o, / or 3
12 P �� 5
STATE OF FLORIDA)
SS.
COUNTY OF DADE )
A F F I D A V I T
Before me, the undersigned authority, this day
personally appeared I&M&r 14.116 L*I j- , who being by me
first duly sworn, upon oath, deposes and says:
1. That he is the owner, or the legal representative
of the owner, submitting the accompanying application for a
public hearing as required by Ordinance 6871 or the Code of
the City of Miami, Florida, effecting the real property located
in the City of Miami as described and listed on the pages
attached to this affidavit and made a part hereof.
2. That all owners which he represents, ifany,
have given their full and complete permission for him to act
in their behalf for the change or modification of a classifi-
cation or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part
of this affidavit contain the current names, mailing addresses,
phone numbers and legal descriptions for the real property
which he is the owner or legal representative.
4. The facts as represented in the application and
documents submitted in conjunction with this affidavit are
true and correct. Ir
Further Affiant sayeth not.
(SEAL)
(Name)
Sworn to and Subscribed before me
this 1i►- day of k4"V?( I+ 1950
i
srarg-of trW?ida W Large
My Commission Expires:
$01ARY PALIC STATE Of FtORIDA AT UhGJ
YYCop A'�I�!o-4 E?S!t;; KaY 4 Iuu
i
OWNER'S LIST
Owner's Name
Mailing Addre
1&0
Telephone Number
'.A. ,jk?mb t c�
K
Legal Descriptio :
tors
may . � ► w ro 1�t
21LU 1 1�� I+n Atiy gRauce�t su 4 a- glib
Owner's Name 1ARM&USS ft�, PERU
Mailing Address �by IUARLL,
Telephone Number
Legal Description:
OW y 2j,.dWLA A-,� tom, t
06L&" A, a+ANy �MNceu su h -q
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description: '
eXN/B/i a ,a 3 oF3
s 9, t,
ARTICLE XXI-I- PLAtIt4LD AREA DFVELOPMENT (PAD) (01W. 8057)
f "} Section I,- INit NT
Within districts now existing or .vhich iaay hereafter be created, it is intended to permit as a Condi-
tional Use, an application and art upprovol of site, use and buildinq plans, creation of new Planned Area
Developments (P(1U) for flexible comprehensive development purposes where tracts suitable in
location and character for the o%vs and structures proposed are to be planned and developed as units.
Suitability of such tracts for the plans and development proposed for the PAI) sl)oll be d^termined by
the City Commission upon reference t., the comprehensive plan, applicable development plans which
have been odopted, and the existing and prospective character of the surrounding development.
Regulations for such unified plonninq ued development are intended to accomplish the purposes of
zoning and other opphcoble requlation , to an equivalent or greater degree. as in instances in which
regulations are intended to contr ul dew loprnent on a lot -by -lot rather than a united basis, to promote
economical and efficient land uv•, or, iu,provecd level of amenities, approi)riate and hgrLaogiau5-YAfiejY•—•-�
in physical develop lent, creofiv•• desi,;n, and a better urban environriicnt. f lexibility_in_the arrange-
ment of structures, odxrn space, <,nd 0,,, podestrion and vehicular circul,_rtion pattern is permitted ins
order to encouro,jo tl�e burst utill/otiun of file fond on which the rie•veloprncnt is being c:onsiructed. In
view of the SUi)St111)tial public advantage , of planned area development, it is the intent of this Section
to promote and encourage devf-h•p ncnt it this form where appropriate in location and character.
..SecfIon 2.- 1)1 f ItJIT IOtJ Of PI. At it 11..d) AM A P! V' i e>i';.1i t 11
For the purposes of this ordinan,•, a planned urea development is:
(1) Land under unified control for d,•veloprnent purposes, planned and developed as a whole, in a
single development operation or o (,ror{rummed series of development opr•rotions, including lands,
buildings, structures, uses and dc•n.ities.
(2) According to cornprehensiv and d,•tailecd plans satisfactory to the City Cornmission, which may
include plans edetuiling str,•r•ts, utilities, lot or building sites, and the like, and also site plans,
floor plans and elevations for all buildings as intended to be located, constructed, used and
related to ear It other, and df-toilvd plans for other uses and itnpruvernents on the land as related
to the buildings.
(3) With approval by the ( itv g ommi . ,ion as to:
(a) Conce{,t, 1%es, densil V, locothrn, opon spare reluting to comprehensive and detailed plans.
(b) Strccts, utilities, 1.-)t or hwHIng sites, site plans, olx-,n space urea" and elevations for all
�s• buildings us intended to he 1- at,rd, constructed, used in relation to each other, and detailed
plans for other ,r%es n,,(! impi-,vcnu•nts no the land as related to the buildings.
(c) A program for provision, cp, ration and rnuintenance of such areas, iinproverneots, facilities
and services as will h,• for c,,minon use by some or all of the occup.rnts of the i'AD, but will
not he provided, oiler-iled or nwintoinecd at general public expense.
Section 3.- PLANNI_D AM A I h VF LOPML t 11: '41 1, R1 i 11.1)
(1) Planned Area Development nwy hereafter be estublishcd in existing zoning districts, orov_er o_
combined area of several toning districts, or such districts as rnny be determined by th�e City
Commission pursuant to a PAD application, where tracts suitable in location and character for
the uses and structures proposed are to be pionnecd and dcvelo{x•d us o PAD, according to the
requirements and procedures set forth in this Article. In considering a PAD, agnonq the criteria
to be used shall be the locution and nature of the PAI. with respect to intended functions and the
pattern of development existiny ur proposed in the general plan, or other officially adopted plans,
and to public and private faciliti, , and services, existinq or clearly to be available by the time
development r,•uches the s!agr M,,ve they will he required.
(2) the location of the Planned Areo Development shall he designah•d c.n the zoning map by the
designation "PAI)" follow(:,! by th,• pr(.lx,r desicnution of the existing zoning district or districts.
Examples urv: PAD-H-I, PA! )-It-!, PAD-C-I.
65.1 REV.2-1-T3
Section 4.- S i Ai JDAI IDS FOI t I1ADr5
In reaching recortit nendations and decisions on the yranting of a Conditional Use PAD, the following
standards shall be used: -- - -
"(I) LOCATION
(a) Relation to major troosportotion facilities
The criteria to be consi deed for location of a PAD is its location with respect to local
streets, collector streets, mirror arterials or major arterials, other transportation facilities,
or the creation thereof, so o•, to provide direct acres% to such districts thereby minimizing
the creation or generation of traffic along local and collector streets in residential
neighborhoods or other distrr, is outside the PAD.
(b) Relation to public utilitir-%, i icilities and services
The critorio to he consider-1 in the location of n I'AD in relation to sanitary sewers, water
lines, %torrrr and surfoce droinoc�e systertr% and other utilities, systems crud installations is
such information a% :rill oll ,v the determination us to whether the extension or enlarge-
ment of such sy%teal, in nr uincr, farm, ( home -ter, location, degrov, stole or firming, may
result in highor net I; hlic (ol t or earlier incursion of public cost than would development in
forms generally 1wrt,,Atod r�ndor existing zoning for the urea. Such PAD districts shall be
so locutmi with respr , t to 1,1 r esutry public futilities oS to have• or ceSs to such facilities in
the surov degree as .voold fr•velopment 1wrioittr•d kJoder existing zoninq, one{ shall be so
loeoted, designed arnl scolc•I that en r ess for puhlic services is equi%alert to, and rtet costs
for such s;vrvicus i, not •pcolvi, than, access and net costs for public services for
develupownt as perniIte•d under cxisIin,; zoning.
A further criteria is the o,,p licunt's uyroernent to (1) provide ar!r,;uate and appropriate
facilities, utilities or servi( •, a;,pruved by the City Commission to inert the needs arising
out of the PAD, and assr,rr their satisfactory continuinq operation permane-ntly or until
appropriate public utilities, hrcilities or services um uvailrjble and oxud, or (2) make provi-
sions acceptable to the ('its Cortrnission if required for off -setting any added net public
cost or early conutitnrent of {ruhlic funds rnude- necessary by such deveIopmment.
I_xpenses involved if, rnakint such determinntions as rmay be required in establishing the
foregoing infornwtion Shall !n7 paid by applicants. f inal doterninotion of these matters
shall be made by the r 'ity Crrranris%ion.
�rr(c) j Physical cl,arocter of the site; relation to Sorrnunding pro;x rty
The site shall fie suitable for development in the mnnner o% oliproved under the South
(` Florida Iluildinq Cod,- and flw npplicuW,, `,tote, County and City low%.
�1 (2) MItAIUM ARLA
It is the intent of this Article to e ncuurugr• the ussenihly of Find into larger parcels in order to
achieve n better urban envirorirnr•nt. To qua!ify for o Plunned Arco Development application, a
tract of land Shull possess out Ie•s, tl.un twee (3) acres. Apphcotion for areas of less than three
(3) acres rnoy t;e subrmittud for ip,pruvol, where the area is distingui%hed front the surrounding
area by natural or rnun-rna,!e bcrr;ers, such os rivers, canals, other water areas, streets, etc. The
approval of un applicution for un areu less Ilion three (3) acres shall Ix based on the area's
uniqueness and suitability for a :'binned Arco U)evelopm,-nt by virtue of its historical character,
topography, ecoloq;cal, not,oul or other rnu%uml features.
(3) USES, DFI` I'll iY, UPI 11 SPAC !. Al JD FLO(M AM..A f2ATIC) Atli) OTHi 1R 12E(;IiLATIUt-IS
Within n Planned Area Development, any principol and accessory use, density, o;en space and
floor area ratio unit other rec;ul,itinnti is ;wrrnittt-d which is ulreody I-rinith-d in t'u• existing
toning district or districts or I'Al) I )isiricis us rruiy 1, r the Cily C•omnussion
pursuant to n PAD npplicutiun, in whi,n such ;'l,imwo Areo t)eveloprnent is locate!. the disiri-
bution of these {omitted Irrincipal nod accessory uses, dunslty, open spout- and floor area ratio,
and other regulations or levintions tiwrefrum, shall not he offected by existing zoning regula-
tions, but %hull be .suhjer t to irrc approval of the City Commission. Deviations from the
permitted prim ipol and n, cussar � rscs, density, oiwn space and floor urea ratio and other
regulation%, rimy be! yrunt,,d oporr approvul of a PAD Conditional Use upplication by the City
Commission.
Criteria to he considered by the ( ity Commission for approval of deviations as
65.2 REV. 2-1-73
i • a •rah N;.,.
described uhovo may include hot ore not limited for: (a) private- renewal and redevelopment that
creates o fie•tter urban environrncnt through the assomIdy of land, (b) providing of public usable
open spare through the ptovision of plaz(is, Ixirks, and wulkwoys, (r) clearance of obsolete,
` blighted of undesirable building rind/or uses, GJ) dedication of wuh•rlrunt public easements at
least twenty fe et in width, (e) protection and enhanct-ment of views for the public, especially
bayfront or riverfront, (f) prw,etvution of historical structures and/or ureas, (g) provision of
terminal facilities for off-street parking of automobiles and service vehicles, and (h) and other
public benefits.
Section S.- PROCEDURES FOIZ SLCURING APPM)VAL OF A PLAtJNL-D Af2EA Df=Vf_LUt�r1,CPJT
(1) PRI APPLICA11011 COIJf imi rJt 1.
Before suhmitting an upplo•otion for a planned area development, an applicant may confer with
the Planninq Uepart,nent to obfetin information and quidunce fx•fore enL:rinq into binding
commitrmenis, or incurring subsf utiial expense in the preparation of plons, surveys and other
data; however, no statement or representation made prior to the official review shall be binding
on the Zoning Board, the City Commission or other City Departments. ((MD. 8225)
(2) APPLICA T l0r i f OR PAD
An applicant opplyinq fur PAO shill submit to the Zoninq 13norl on application for Conditional
Use PAD. the upplication shall he accompanied by the following doc-tients and information.
(ORD. 8225)
(a) The vidence of united coiiitrol of the proposeo; PAC) to effect''ute the proposed plan
including a statement of all the ownership and heneficiul interest in the trust of land and
the proposed development.
(b) A survey of tract to Ix- developed showing existing features of the property including
stret•ts, alleys, easen,e_•nts, utility lines, existinq land use, general totwgruphy and physical
features.
H Site development plans cemtnining:
(I) the fitle of the project and numv-, of the protessioncil project planner and the
deve•loper, (2) scale, dote, north arrow, (3) lot otion and nrr,wgvrnent of all existing
and proposed structure-,, (4) prolxned traffic circulut'on pattern within the develop-
ment, (5) areaN to be deve-loped for parking, (6) the points of ingress and egress, (7)
the relationship of shutting hind uses and zoning olistriA s, (8) proposed lots and
blocks, if any, (9) locutions of different uses propostd by cfhvellinq types, open space,
recreational frn ilities, cornneercial uses, other permitted uses, and off-street parking,
(10) a staterncnt of unticiputed residential or other commercial or industrial uses
(when applicol,le), t1w proposed totul gross floor urea, and the p4!rcentages of the
rfev('loptment III txt o, i )pied by structures, (I I) where required by law or by the City
Commission, on eco! ,;icol survey in ace irrcLuu.e with stomdurds of the Florida
i)epurtrnent of fJot,er�tl Rr•soure.cs, (12) prelinrinory drovings of proposed structures
and londscupirtg.
(d) When a plunnnd urea devr I eI Wien, is to he , oll0turted in shales, a s, liudule of developinent
shall be subniitled, I Ili sue- h spate shodl hove- reside•ntiul deirsLly t1wt excreds by more than
III'Y, file protxtseel tlemily gel ti r entire llkinneil uten dvvvl,,j,mrnt. '.Vhen o p1mmed urra
developnu•111 provide, fmf i ninninn opell spill v, flu• t,.hil �uetl -I ,'nlaove•.! t u•nrtion olx•n
spare provided it illy •.fwp..if .Ievrlupnu•nt sheiL'It o i:iinin, n.i, heir fl,e .,are• relationship
to the Colin olx•n •.pot e in l" provided in Ili) entire-• devel. lit, if,,
(e) When it deems neces ory:
1. the Planning Impartment, /_uninq 1luard or City Commission may require a traffic
survey setting out and (tnulyziny tilt- effect thut the PAD will have on truffic in the
streets udjocent to and in the vicinity of the• proposed planned area development.
8225)
2. The City Contniission nay require un econuri,ic feusil)ility st. iy.
(f) When a PAL) includes provision for eornmon oix•n spuce, or rccrec,tional facilities, a state-
ment describing the pruvisi m that is to be made tar the care and tnuintenance of such open
space or recreational facilities. Satisfuctory provision shalf be made to assure that non-
public ureas and facilities for the common ust of occupants of a PAD, but not in individual
ownership of such of upunis, shall be maintained in satisfactory monner without expense to
the taxpayers of the City of .loci mi.
65.3 REV. 2.1.74
Such may be provided Iry tIu• incorlxlrotion of an automatic rnerntwi,%hip horne association
holdinq title to such non-public areas and fucilitie', and
for the purpose of contir,,rnl,sly
levying assessments against each individual owner, whether improved or not, for the pur-
pose of paying the taxes and maintaining; sur h nun -public areas and facilities, which may
include, but not be limited to recreational nrens, off-street parking area, walkways,
lighting and cornrnon open rod lunr3scatxNd areas. Such assessments shall be a lien superior
to all others includirnl, but not limited to, mrortgaye liens, save and except tax liens. Other
methods may to acc,,pt I!,I, if 11,e same lrositively provide for tho proper and continuous
payment of taxes on-1 moint,-nan1 e without I'xlense to the taxpayers of the City of Miami.
The instrument incorporatirnl % u h provisions shall be approved by the City Attorney as to
form and legal suffi, iii-, y lo•fore suhmission to the City Cornrnission, and shall be upon
appruvul of the "Conditi-m-il Ilse" for a PAO by the City Conmlission, recorded in the
Public Records Of Dude (_'r, 10Y, I luridn.
(q) Copies of any restrictive �ovcnorits that are to Ix- rec•ordt•d with respect to property
included in the PAD.
(3) ACT l0li011PM LIMItJAPY IA'P I.OWt'1 tJI PLAtJ
After receivinq the opplicotion, the I'Innninq Board shall suhmit the doe urne'nts to the Planning
Department iod tho I Irbun I)cv, lupment Review Board for review, findings and recommendo-
tions. The I'lotminl Ue•pnrhl,wit Ind I lrhun I)evelopment Review ISourd skull report their findings
and recorruuornlotlon% witi1I11 thin✓ (30) dovs from tilt, d,rte of receivin,l the application. This
review shall be con( orred .vit') t1 , criteria ms set rnit in `,a(tion 3 and q !,crcat.
Dorinq Pit- review, the Pl,innin,l I)eportn,cnt Illnv request the opplicunt to confer on the PAID
concerning ,Ivy surli;osted , hunle, in the oti,linul pnyx,ull, and/or odditionol information neces-
sary to rtvir f, cssentinl firnlinys. In tl:e corrrse Of the conferences, aov :t.;rearncnts or disagree-
ments txt•.vecn the Plonnin,l I)cpnrtrnent and the opplicont shall he rec'or,lcd in writing and shall
become a part of the record. the thirty (30) day time limit set forth ahove shall not be extended
for this purpo,;v.
(4) PLATTIM" Pi (41)IM rLt t l l S
(a) If it is determined by the ( ity ('ornrnission thot the approval of u tentative plat is neces-
sary prior to a finch determination on the PAI) application, the City Commission (nay
require the same.
(h) In all other instarn es, kinds cncompossed by a PAO ii �iy tm• platted or replotted in
act ordom c with the pro, vdlires and rellol,Ifions sat forth by this loninq Ordinance and
other orclio,imv% Orin nudes II the city of Miami, ,Ind the develop,iwnt plan.
(S) PI_At JtdR 1(, I )) !'AI t I ,,11 t It I I' Ji )II 1(,`,
Within thirty 00) days oft, r rt•ce•ivinq the ol,pli( ation, t1w I'Innniriq I )vpirtmcnt shall recommend
-"I.-,
(a) approwil of the opldic-ition u•, s ihrnitted, (b) up{;roval with Intxiifictrtions, (c) disapproval of
the proposal.
The recornrnendations of the 1'I,ulnin,) Deportment shall include findings of fact and shall set
forth the reasons for thr• r, ,:orrunendotion in specific, including but not li•iiite•d to findings of fact
and conclusions on the follo-vinr;:
(a) as to the suitol,ility of th- tr,ICt for the propxlsed PAD in tern., of its relation to the
corripreherisive pkin „r other officially udoptad plans, physicul churcicteristics of the tract,
and its relation to tip,- surralndin,) area and existinrl and probahle future development.
(b) (is to the Oandord% w, set „,it In'sectpan ((i).
(c) as to (1) Its conforrrllty ::I}!; upplicol,le Coninq or other rt'r)a1111�UI1S, or (2) the extent to
which the PAD deports from ioninq and other rc,lulations otherwise npplicable to the
subject prolwrt✓, in( holm,; I),,t not limited to density, use, floor ureo ratio, olx•n space, and
the rensuns why such rn,,dificoti,ms arc necessury or justifwc! i•1 the lxlrticulur case by
demonstration that t!la jw!dw pnrpom- of the PAP would tx, rriet to of least nn equivalent or
greater degree by sal it nludifiCOtion.
(d) (is to the adequacy of evidence on unified crotrol and agreement, Or other instruments.
(e) us to the nature and extent of the I, non open spruce in the PAD, the reliability of the
proprnuls for moirltencnce (rod conservation of the otr,-n space,
65.4 REV.2-1-73
___--
' .�. • a' ---_ _ i ':;14 r
in terms of densities, dwelling typx-s, and flour ureti ratio.
(f) as to the case of a PAD which prolwsed development over o period of years, the sufficiency
of the trans and conditions propxesed to protect and nwintoin the integrity of the PAD
which findingshull be mile lifter consultation witlr the City Attorney.
(g) as to its conformity with all nppli( oble provisions of this Article.
(6)
PLAHNIt JC, HOAM) ACT h if I Ai 11 ) I It JI )It JC.S
The Planning liogrtl shall within thirty ( 30)(;uys utter receiving the Planning Department's report
hold a public hearing on the opi hration. S wh puhlic hearing shall consider all aspects of the
Planning Department's findings, :id of the proposed PAI). Within thirty (30) clays after the lost
public hearing on such plain, the Planning Board shall prep nre and tr„nsmit to the City Com-
mission, spN•rific findings of fat 1 tog#•ther with its recommendations. The Planning Board may
recornrnend npprnvtil of thy• PAI , ns proposed, npprovnl r onditoined nr stated rnolllficUtions, or
disnpprovnl.
(7)
ACTiOI' BY Tf 31 Cl e CC)MMI' .1( rtJ
The City Commission shall eithi ! grunt the (ipplicotion, with or without motlificotion, or deny
such application. If the Conditinrnil t Ise PAI) is grunted, the nreu of land involved shall be desig-
nated as o Conditionnl IN,- Plnnm•d Area Development by resolution, and such resolution shall
incorporate the development plan, including tiny condition or restriction that may tx• imposed by
the City Commission.
(8)
EF-f LCT ()i- API'ROVAL
The plan ns approved together .%ith the conditi,ms tind restrictions imm,owd shall Constitute the
Conditional t)se PAI) ,oning of, the land, ant no building lx•nnit sh.rll he issued except in
conformity with all provisions of the (jrur'rt of Com!itionol t)se. The teru•s of the grunt of Condi-
tional Use Shull be hindinl upon the applicant and any successors in interest during any time
period specified as a safeq,,arki in the grc;ntinq of the Conditional tJse.
(9)
EXPIRAT1(Jt,J ()F TIME LIMITS UI WAiJT (A PAD CO) ,l0ITI(.)rJAL USL
If development actions required by the grunt of Conditional Use arc• nct taken within any time
lirnits set in the grant of c onditional Ilse, the Planning linord shall review the circumstances and
recommend to the City Comrnissiun that (a) revised ;irne limits he set, or (b) that the grant of
Conditional I lse he cancelled. ftecornrnendotion under (u) shall include proposcls for appropriate
ortion in respect to uny leq-il instruments involved in the ruse.
Section 6.- CHAI JCiI.S IH I h Vi 1 (h'Mf [,11 1'I.At P,
Changes in plans approved as p,irt of i1w grunt of Conditional Use may be permitted upon application
by the Petitioner or his successors in interest, but only Up On a finding that any such change or changes
are in accord with all regulations in effect when change is requested and the general intent and pur-
pose of the comprehensive plan in effect at the time of the proposed change. Changes other than
those indicated above shall be mode only by a new p 0ition for PAD.
Section 7.- COtJF LIC TS
After public hearing and upon the findings by the Planning Board and Cify Corunrission that the grant
of a Conditional Uw PAD in the particular case serves a greater public purpose as to design of the
particular plan and its relationship to the stir roundiny area, it is intended that where there are
conflicts between the requirements of this Article and other provisions of this Zoning Ordinance, the
provisions of this Article shall apply.
65.5 REV.2-1-73
RESOLUTION NO.
A RESOLUTION GRANTI'M A P1iTITIO?1 FAR A PLAMIFP
AREA MVELOPIMilT (PAD) , 011 LOTS 47, 4S 49, A'1T)
50, BLOCK B, MARY F� WILLIAi i BRICKT U, (B-96)
A.1ID SUBI`7URP LAM) LYIPI(= ST: " LY OF LnTS 47 48,
49 & 50, BLOCK B; 1tAPY Fc i-TILLIAI- BR.ICKELL (B-96)
BEING 1643 BRICKELL AVENUE, AS PER ARTICLF XXI-I
OF THE cnz1rR.T"-n,NSIVT', 7,0`IIW ORDI"IAMM', 6,971, A 1n
PLANS M! FILF, SAID PAT) Tr (;0"•ISIST OF Tian i'1'N1PR?'n
TIIIRTEE''1 (213) RFSIDE"ITIAL VMITS V-1 A PROPnSI-T)
TO,-IER STRUCTURE MIT) A"I FXISTI'10 STR1'CTUR)' TO B"
USED FOR RECREATIONAL PiJRPnsrs , AND SU13JFC'r' Tn
APPROVAL OF ?JODIFICATIO'i 01,
SFCTTOi1 3 (4) (h) nr T1 r. CITY 01' "IAI l C1'A)?Tt: n_
CHAPTER. 10847 ; ZO'lFD R-5A (PIG11. DFNISITY PUL'T'Inl,r
DI%'ELLING) .
J.TH RFAS, the I..iami 7onin, Board, at its neetinn of
April 7, 1980, Item No. 9(h) Eollowina an ad%ler.tised hearin?, adonted
Resolution ZB 62-80 bw a 6 to 0 vote recommending approval of a
Planned Area Development (PAn) as hereinafter 'set forth; and
WHEREAS, the City Commission finds that the application
Meets all of the standards for PAPS set forth in the Comnrehensive
Zoning Ordinance;.and
t;HEREAS, The City Commission finds that the aonli.cant
has followed all of the Procedures and submitted .all of the documents
necessary in accordance with the Comlirehensive Zoning Ordinance; and
NHERRAS, the City Commission finds that the PAP meets all
of the standards for a Conditional Ilse as outlined in ARTI('U".. v"I-I
of: the City Comprehensive Zoning Ordinance; and
VIIH REAS , the City Commission deems it advisable in the
best interest of the general welfare of the City of Miami and its
inhabitants to grant the petition for the application of a Planned
Area Development (PAD);
NOW, THE-RE'FORE, BF IT RESOLVED BY THE COT'T.ISSION OP TIM
CITY OF M.IAMI, FLORIDA:
Section 1. The Petition for a Planned Area DeveloomenL
(PAD) on Lots 47, 48, /+9, and 50, Kock B; ,VARY `: i1ILLIA?4 B1.T.CIrF1,I.
03-96) ,
and submerged land lying
SE' ly of Lots
47,
48, 49 and
50,'
Block B,
1L1RY & ?IILLIAM BRICKT'LL
(11-36) , bein�
1643
Brickell
Avenue,
otil BI r O 'P. / of Z
consisting of two hundred thirteen (213) residential units in a
proposed tower structure and an existing; structure to be used for
recreational nurnoses, and subject to annroval of r+odification of
the requirements in Section 3 (4) (b) of. the City of �"iarii Charter
Chapter 10847; zoned R-SA (i1 11 Density Vultinle Dwelling), be and
the same is hereby granted.
PASSED MID ADOPTED this da�i of 1090.
M—A Y O R.
ATTEST:
RALPH G. ONGIE
CITY CLERf;
PREPARED *7D APPROVED BY:
1-6
MIRRY V.
ASSIST,:_,_ C '.Y A'iT0}:.;EY
APPROVE TO Fn:"' A-,) (;ORRFCT'?I;SS :
G1,0, C CITY A'
t'1l �19/ r D • A ez of �
A
nlf the upon
4
l.
,rltlel of P1IIn rtrlif
1Y,4en., 075-77,
11 (:gYQL11111olf
'If flu, Fi(it•i(Ia
('imptpl' ;3Sf),
'(1"t'nRtbrn till,
till, P-10111111si1-
to J;aldl. 111111
"IVY so th;N
,' : ('II('t)111'IIgL.
•tcllt %%.itll tilt,
t11111y with
"'I'll( of hnoi
=irr p1:11ttlin(t,
leromoh', pro.
tIi,iu;tt•-
rll.wol WoMil'l-:
•1e11 of pnlntle•
Nation, w:ttly,
efhrr rl-1111il'o.
('ofl.l.t Mourn)
,,;It!feh hl.tw(y'h
•+i i'l. rUm7lilL•1-
:;otv't'nnu•11t lei
':u(s sindl lulrl-
:,� tll-t'1Jnl,inrul
pious, or ono.
With this nut.
F•tnrilla lovIIi
-ire plains, or
silty with Illo
TIIIIcntlolt err
file .latoil
,'nrironnualt:d,
+•I}• {,rowil furl
Mild Ilse and
t restrietfnn 1.;
11reasonalife and
atiuo to puhllc
„r geaernl feel.
Town of Hh:it-
.4o.2d 813 (197k),
,•,'n toad,• t1olt
,•lu,111W residen-
^,, near itirpurt
preclede L'tod-
aed all reason-
• of his proper.
r Will as it f,p-
Ild he uphehl,
i•m that It was
.,IS.A.' Tope.. u34S
rnment III Bro.
sueQ u (levelup•
COUNTY ORGANIZATION, LTC.
niont order pursunet to .4 mm;, of the-
hlut•idrt band noel 11'ater` N11it)ngement
let of 1972 Is prolilhite,l from adopting
it colilpwhcnsive 1,11111 for future level-
ullroent Meet t:rowtll purruttnt to either
the t,recal 1proernuwnt ('umprehetlsiae
1'IMt)nlnlf Act of 1975, or Inc ih•ownril
4'ounty ('hartor tint I;, effect lolemis
such development order. Up• Atty.Gen.,
1177-7, Jan. 25, 1977.
tmly one regional piannin); council
nuty ha cr,atr4 polsuaet to chapter itt1l.
Within it hvorrail,If ;uea. Aluoicitmll-
ties locnlud witllirl that iron, dasirinu to
jolt) It regie,nol pinnninK council, may
Join only the council created in file!(-
163,3164 Definitions
§ 163.3164
area. A immicipnllty mny rohleiln from
Willing nr partielpntfn), In any reginwll
i'lannhrr council but unlit complete fly
,duly I. 19-m, it cntill -hum ira i.rowul
phle un,ler t.Mws 1975, c. 75-257. 1Ill.
Atty.Gem, 06-15, Jan. 23, 1D74.
2, Review
Zoning is exclu:;Jvc futtctlon of nppru-
priat,, ionn1lt aliJIIoritlos nnt9 eot courts:
court.; are not clopower•ed to Iict (is ell•
per xoidim hoards solestItlit it)a their
judi'lnettt fa• that r,f logisiature. and nd-
ministr•ntive hullos n,crcisinR It-91(heate
olejoetives. 8. A. lictdy ('n. v, Town lit
flit;hland f:each. App., 355 So,2d 813
(I!17h).
As listed in this arf :
IIi "Aroll" tir "aria of ,11111sdicliou" ull-ons tit(. total tlrril (111:11ifylug, uud('T
fill' IIrovisiotls of this nH. will-tlrr this IM• ell of Ih$- i:ulA. lying within llr
11111lts of all 1111'nrinorlivil e11u1icilmlity. I:uuls in :led mijacl-ut to Itirerpurilhvl
III mdo!IIaIII les.:111 nuinrupnrn(rd lallik within :1 vouufy, tu• ;1volls retriprisllil,
viemhlimiiem. fef Ihr Innd. it, iul.orfnu:ul.d 1luuilril,llIRIt's wili nniurowfuernh'd
etr;Iof coomil.v. III lilt, r:lsl- of immivilwii(I(., hlte'rr rl-srrrr arias hurl'
lrl-n rll-sigi,itwd fo1• fnturr olIIIVxtlf!till h}' I:ttr, fill, fora: "url-::" awl( iucludr,
its Ill-hi1, (III, ,jorl.dicliou of the, Inlmivilr•1Ill%' for Ihr lilt rlto.I:. of tills
lu't, sill-1 iuiiurhtfltu:It1Ii lend d(slumlllvl will rosl-fvoll holds.
('-,I"l'etollt'l-il.lwil'l. pltul" IIIrn11. :I iIIIIII thief nirrt. III$- 1'rg11i1'rnlrllh of
., i63.3177.
1:1i "Ol-volollor" )it(•iln. ally pl.rson, inelntlin;; o ;arl.rono'ulal aaoney, nuA1•i'•
takin), tint d1»rinpuu fit as ill-fino:l in Ihi.s:11•L
(I) 'horl.lojnnrnt' dos Iho 11w;mIlIg ):ivl.a it in s, 3,�0111, 1.1o111in Flatulf's
i`ii"'lii"ill,1,uii•lit'i'nrllirt'""iiiiiiii."'iii "i'iitir i;Iiitiii.yiloliyllig.III,,;rttntiiiy;"`"
with roiulif!on, (UI el,illic:Ilion feel. a Ilorriolun,,m I wriuii.
II1) "ih-vol(geu1v11 III-1-toil" iflr►edl.s aoy Ioliltlln;: iwrnlil, •rottio, 111•1-mit,
suhdivisleti aleln•orul, rrz,alilig, cl.r•tifivolieu. sIwvial $-%r$-ldilm, r: rhillco, or
:111y ollrr officl;ll orlitin of Itvul ul1%1-I'lllilt-ill bavim: tlm l.ffrrl of Imriuitlill,
fill- of hin(l,
f7l ^(:orrrning holly" nu•au.. Intl- he:u•d of l.ennty romnlissimo,rs of a cnniUy,
Iho cismioi.s ioo let, l.nunril of au iol.ortuo•:lll•t! III lnllcifell lity. III- :Illy olhrr chlt'f
i,orri•nin; fleetly of :t unit of for;ll J;orei'atul.11l, howv%el. Ill•siglintell, feu fit(,
oonlhiu;iHim of stmh hmliv.: whi-rr •joint nfllizoliun of Ile' Irrorisious of this
:let. !.,: m-villuiliislioil :Is ferorlllcd l:ol'I•io,
(` 1 "(:e%*I,rlttlwtttal :11 envy" hued!.:
fad The, Ullili'd stairs et' any (II—Im ttel-ol, rouuuission, ligimcy, or other
I)Iarntornlalit y thl.rl.ol'.
(h) This still(' or ally dtyrcrinn'nt, runuuls.ltell, a;rn(y, ur util.r iesU•u-
nuvllniit}• tlrrruf.
WI ,boy Itient sorl.l'nnu•r1t, ids dofiu$-ll in till, srrtiou• or :111y drpartuwnt,
l.onlnliSsion, :luotlry, or either jtuarnnlcnt:lit} thtvoof.
fill Any school heerd (it, fellow sllr(-llll Ilistrict, tiuthol•lly, or l;orl.rnrlwi)tal
ro(ity.
(11) "Imild" ioo:uls file varill, wIIIIv, and :llr, ::hero, hl.how, (Ir on fill' snrfarr,
and itirtlull.s mly ltill trori•Im•1)I.s or striactares custolaarily rogar'dt'd as land.
(If)) "Land use" luoans till. dl.wJnpm mit that has oocnrroll uu fir laud,
till- Itoeololnoonl llmt is proposvil ily :1 dl.trlolev till tilv hood, ur fit(' use tlmt is
liormitted or Ilernllssilele ou the land unrti'r lilt adoplyd colullrchmishr 11L•1n
ill' l-ll.nlmit or Ilorliun thereor, 1:13111 (h•rclulIII will reJ;ulmiolls, or it 1:111(1 derrl-
opnwut codl-, as fit(' context may indicate.
(111."Locall horrrnnu'nt" uo•:ols nay conuly 1w lnnnieiludily or :Ili}' sprrlal
(listr•ict Iv Inv:d gi'veramolltoi l.ulily $-slahlisbl.il pursuant ((I law which
l-xl-rcki-s rogillatory nulborit:, orcr toil! /;routs fur land
dcrl.ininnrnt.
(12) "Loral lililutlilig a)toncy" fnr:uis ill. ahcuey designated to lmetlure tilw
cumprebea:,lrc itlull r(quired by tills net.
137
26
S
q.e.
:so,.
'he
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tit
0,
as
4,
Ch. 380
LAND & WATG1t MANAGEMENT
fi
380.04
(10) "Major public faility" nicans any publicly owned facili-
ty of more than ]ocal sif;nii'i,ance.
(1 1) "Parcel of land" me:uls ally qualitity of land capable of
being described with such defii;iteness that its location and
boundaries linty he established, which is designated by its owliv),
or developer as hod to be used or developed as it unit, or which
has been used or developed as a unit.
(12) "Person" means :fit individual, corporation. governmen-
tal agency, business trust, estate, trust, part nl'rshill, association,
two of more pei'sims having a joint of emnllmn intemst, of any
Other legal entity.
(13) "Regional 1llanniil,(; means tilt` agency designat-
ed by the state land planning agmhT to twavise responsibililfos
under this chapter in it particular region of the state.
(14) "Rule" invans a rule mlopted tinder chapter 12o.
(15) "State land development plan" ineans it comprehensive
Statewide plan or any portion thereof setting forth state land de-
velopment policies.
(16)) „State land planning agency" tile:uls the agency desig-
nated by lt�� to undertake state��•ide collnprehcnsivc planning.
(17) "Structure" ineans anything constructed, installed, or
portable, the use of m1kh royins a location on a p:u•ct•I of land.
It includes it movable Mructure while it is located on land which
call be used for housing, business, conuncrciai, a tricultur:tl. Or
office purposes either tomp,r:u•ily or perniallently. Structure
also includes fences, l,illlmards, swimming pools, poles, pipelines,
trallsillissioll lilies, tracks, and advertising signs.
Historical Note
Derivation: Frir fill, rfir•Okc d;110 "f this svv-
Latts 197•1, e. 72-3i7, Q:1. lieu. •,o iIisloriootl \rite under C :M).-
1112.
Library References
Iloaltlt anal ]:nciruutuout a.:�. �.
380.04 Definition of itwoopment
(1) "DVVVlopnu`itt" 1110alls the Carrying out of any building Of -
mining operation or the making of ally material change in the
Its(' or appearance of any Structure or lannd .uld the dividing of
land into three or more parcels.
623
vvv.v : ('()N�El ('ATI(1\ LAWS Title 'lli
.i
(aY-; ll�' Inlliil\'lllJ! ti%'1I1t 0r IISPS till, i l' taliell for the
purpi"','� of this c'lulpter to involve doveloptllent, as defined ill
this section:
(a) A reconstruction, :dll'I-atiocl of the sizr, or Material
change in the ext(�rzml of a structure on lank.
(h) A c11:11we ill the intell.ity of u,-e of land. such as an ill -
crease ill the nlimiler of dwelling units ill a structure or un land
or a lll:lterial increase in tho nurllher of Imsinesse>;, r11:u111factur-
ing estahlishillents, offices, or dwelling units in a structure or on
land.
(c) Alteration of a shore ar hank of a l;oacoast, river, stream,
lake, pond, or canal, including any coastal construction as de-
fined in § 101.(121.
(d) ('onlnivncement of drilling, except to obtain soil samples,• -
mitring, or excavation on a parcel of laud.
(e) Dellmlitioll of a structure.
(f) Clearing of hind as an:ldjunct of construction.
(!;) Deposit of refuse, solid or liqui(i waste, or fill on a parcel
of lint].
(13) 'I'lle following operations or uses shall not he taken for
Me purpose of this chapter to involve development as defined in
this section:
(a) Work by a highway or road atrency or railroad company
for the maintenance or inlimmu rlent of a road or r:lilmid track,
if the wont is carried out on land Within the boundaries of the
right -of -may.
(h) Wfwk by any utility aild other persons eng-aged in the dis-
trihutioll or tr:ulsnu..;sio n of }.vas or water, for tilt' pu►'Imse of in-
spvcti► g, rep:liring, 111mming, or coast llrtirlg (Ill ea:lblished
T'ltrllts-t(f-\wa�' any �ewerti, Ill:lllls, pilles, cahles. utility tunnels,
power lines, towers, p(,1es, truths, of the like.
(c) W(Irk 6)1- the Inailltenance, renewal, Itllpro\'eilwill, ()r al-
teration of any structure, if the work Affects Only IQ interior m,
the color of the structure or the decor alai of the exterior of the
structure.
(d) 'file use of ally st'uctlre (,I• land dewotecl to dwelling uses
for any purpose customarily incidental to enjoyment of the
dwelling.
(e) The use of :my hind Aw the purl,ose of growing plants,
crops, trees. and other agricultural or forestry products; raising
livestock; or fur other agricultural purposes.
624
r, a
Ch. 3SO LAND R WATER NIANACENH..vr § 380.05
(f) A change in use of Lul(1 or structure front a use within a
Class specified in an ordinance or rule to another use in the saute
Clums.
(g) A change in the ownership or form of ownership of anY
parcel or structure.
(h) The creation or termination of rights of Access, riparian
rights, e:lsenlents, covenants concerning development of land, of
oticr NOW in Knot.
(-1) "Ut'\t'lopmt'nt," as designated in :111 ordinance, rule, or
development pt'rnlit includ('s :111 other +1l'\•elopment custom:u'ily
t►ssttciatrd \\'ith it unless other\\'isc sp(cified. ��'11rn Appropriate
to the !'u1ltt'Xt, develnjilllent refers to the act of de\'t'lllplllg ol• to
the result of tlov(-lnyill it'll t. l,eference to ally specific operation
is not intended to nit':ul that tile o11vi-Mion or activity, when part
of othc'1' ltjN'lat1t+115 to. activiti s, is not devel(tilm'llt. Reference
to particular operations is not intended to limit the gmwndit.y of
Subsection (1).
Historical Note
Derivation: I''ur tilt' t•fftv•litl• tint+' of t11is
l.;ttt• 72 317, §.1. ikm, m- Ili,luril al Nutt' untlt•r § :lSo.-
ttl'�.
380.05 Areas of critical .late concerts
1 (1) (a) The state Elul Manning agon('y may front tinge to tinle
reconlnlcutl to the :Ldlnilli;tratioll collmli;;ion specific areas of
critical state c•ouct'rn. In its rccltlnrn('ll i;1t?on tho agoncy shall
speClt\' the 1at1111d;tViOr of 1110 j11't Ili rt'tl 111't'fts alid ;t:11e th(' 1't'a-
sons Why tht' p:u•liCIIIal' area prt+poled i; of Critical conct'I'n to
the slate or rt'„lull, tilt' dallgvrs that w(IIII(I result tl'+till un('1+11-
trolled or inado'lu;tte devviopillent. (tf th(' ' fea, :lull i the a(lvall-
tagt's tat N'uldd In' aclll('Ced SI'(+Ill tht' 1lt`\'('lupil;t'Ll (tt the al'('a
In a (•11u1'+linal('d niallnvr .11111 rt'c(/:llm('nd spo.,-ific jtl'Iil+'Ipjt ti 1())'
gliltling" lilt' dt'\'t'1+tj m1 nt of the al'('a. 1111\\'t \'rl', pri''t• to till'
(lf'sIJ�I1:ItIu11 ut alty alv;t (it vvill(';tl taty c(Illt'1'111 1)y llle admillis-
tratloil commission, all 1m-clltol'y ()t land; ttwlwd I1y the state
:,hall lx' filt'd with the slate land pl:uuliw agency. The slate
land p1.111111ng Agency ;hall reline.>t -11 political ;uhdivi;ions alid
other puhlic a}!;vnci1's of the state :11A tilt' lellt'1'al };-1\'('1'111111•Ilt to
sulnnit an iu\•c uaT (d hums ot\'nt'd wRhin Ow Mae of Fl wWa.
(b) Within forty-five days follOWingr rt't•('ipt of a rcconunen-
datioll front the agency, the adl;lini:; ration colunlis;ion shall ci-
ther roject the rec(tllilllt'lldatlull as lcllti('lvd m- adopt tie same
with or without Illodificati''ll anti by rule dv.,igllate the area of
14Fsn-AO 525
�t rtt►}! L,/!'• ..,, 'j `y I t�. J. ►. i ..Sr i 't. , r. ,r�i.•+,,. 4 4J� 1V...•
y
�+ 11�:!t/' + :t ! ++ .... r� tiiyi� 'tin• ,.:vr :' '7, �r�}1
�n� a rt ♦R�.1li 1" N Wr
1' c•�.ir• x7.•h ���f •JY.'a� iMa ri�`-vt �r
$�;.y'I"' 'ti+t�!r:';�� K ' a`G��Y�(�'' ?��. r,t :�•^a �� � [ ��.`,: r< �i �.j�j,,�,�y� �iGt ry;' . '1fY" r r, .�;n •• •'
?.r •�:tH,�t,��VI•. .fir, /•'t ..�ui��fi, r� fr'•Z�. ";11..r�%�t��lr• �L^,• 1 'i. �TMJr«`L'.'1ri /STf�•%.".hiA(�w(7�jt.
���wt�J�.1!�Klf�r�j{: ,t, .r ¢.r (�'LiM�'>r�a� �3C�' ?' T ,.�� '.[7.+r J :f �. A, �,A4�/�: 'fir �t•f�n. ..:^�.�•U'iN q!r �r�af
.. l � t �� � +,%•• � f," 't• ���ilf .� ,{� R.f' ;v'r��, .1[F '�. f Ii''�. j�ti�[�•'.�f'r.�`it. �c. 7 `� '! y N tf, ?�.
`t -. JI' •J I "t ry C ..1 i a �' [ �,j�f,G'�ra<L''".. - t,r C� .~ -`'�.�.� _`, �L 5' t,' yF �1 arc
�tw,
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1 tia•i 4•�:
64-1 ENVIRONIt1ENTAL PRESERVATION § 64-1
CHAPTER.-6-1r
ENVIRONMENTAI, PRESERVATION.
g 64.1. Definitions.
64.2. Intent of chapter. -
r; E4-3. Applicability of chapter. � •�
64.4. Environmental preservation review: board, i c
64.5. Administrative assistant to environmental preservation review
board.
64.6. Environmental preservation districts.
GA, -7. Permits and certificates of approval —Generally.
64-'3. Same--Applicatiuns.
64-9. Criteria and conditions for tree removal.
✓; 64-10. Tree protection.
G4=11. Environmental preservation review standards)
a 61.12. F.Ncept19n5 and exemptions.
F 64.13. Removal of trees from public lands.
61.14. Public notice of applications for certificates of approval,
64.15. Pen:aties.
G4.16. Tree removal permit application fees.
� 64-17. Jurisdiction for purposes of enforcement �,�, • .,••.•.�3a�
Sec. 64-1. Definitions.
For the purposes of this chapter, the following Words and
phrases shall have the mean}ngs respectively ascribed .to them
by this section:
P�tcicdcrl�lc• area. The portion of a site whhill the required
yard areas o11 which a structure or improvements -n1ay be
erected. f • r. ", ,
i y
U.ec•rlopmrnt acti-vity. The carr�•ing out of any building
w�
'operation, or making any material change in the use or a 1-
pearance of any structure or land use character.
�....,.:_ is
Envirom;,cutul p (,,serr'ativaz cli,stricts. Geographical areas,
Parcels or corridors, which 111,1y be identifier} in the future,
established by the city cfmlnlission as significant natural or
man-mac}e attribute's in need of preservation and control l)c-
I. Cross Reference. --As to trees and shrubs generally, see ch. 50 of
L is Code. "
1242.E
Supp. # 26 4-75 Js�;'�r;
Yx,,.•
;;.!• ,,.;:ar ,?'f?Yq!RA!!l "onY��/w,•� A't'�!R► ;,,E•?= ��wr�t+t!,���'N. w }` �'utir;;tn
. 0 . M4 ."F, t �'Y�.•t'. 4rr �+1�' 4 .. �,... j1 �?,T,.'�i! t t. �bi''�f• Y; ^.���4r`•`�!7•v=`,,�`, ".♦ . �. �'K�4Z. �r,.'y 0tt�: + t yI r..t �•� Mt•A1ti •�, is a ,.. ,•,. sr• r �4 j .'.y•], y. '. i�;��.. ,.r ��..
_^.w / /Jj+. f.; J�1 t ,Ij-:r5 Kr 1 k , }r• M.� 1, r.. �4:'f \ �.• IF i7Y:.. �i c..�'
1 Y it'• r .rr !r' ~�'r t�.p r v �Z" 4Y"+tin v 41% rrq<' a'!y'ti'. �. }1 v ±.� ,. sl � .H{ t7�i 14!' 'try
7t[�`^r� r,J. / 14.'Y1 a3 �.�'rYM k ,Y.[ �, 't ���• }�j'. /.4r.1 ti t •%�v(a T .v �c�yY�- °'S e 3:'.i' t I.-,�R1.1 t'i C1+ .y,ZFit..t Kf.j, f',.,V
- !t r • � ,� if.'1i.Y � •n � Y ..•i, l ! ` 1. •r'.i 1. Lv.'�.^^' .�y{ -fI t A %r' ,? t �r,J^.:A� 1 �(•'� �. ~.!'t•� � 9'�' '
.if, A. y.... t � tT +.1 ,. r �, �. .,tl ft• ,. ► ,: 6 ,r f � .i.7T'.L'{.•.,r. ;,•,n �r1 �� .,rh \r �✓�� jj
.1..��.Y i' .•.SL': Tw17.j GSr.-7's,.� y!... r 'i�.GW FJ ',., .+:? •i.:.` \ r i .. : t 1. y. T
"K'�'.r E4''7.R r • -x'.,+ 'wl�: i .ir. t•�P< ,: *,-i i,t.Y ati7 ro{,,rr, z�, .. �1--•f•,•. �; r ' a 7 ` : F /s' �`
. v4 7•t[i. ;1.X. :t %�' t?MCY r.� ts:..� 1 y t. r r .I•.tAN.i r !y ^. •h4.t.. "Xi+f„"'ffl+t. ✓r .^a �.•a h 4 i< 7 / �`,�-`,>� �~ L 1 ..itiil
and secondary to the USE of the DWLLLING for dwelling purposes and does not change the
r7),
character thereof. (ORD. 74040
(38)
HOTEL.
A BUILIAI K, or port thereof, in which rental SLEEPING UNITS are offered to the public and
which maintains an inner lobhy throw1h which all occupants must be provided rneans in which to
pass to gain access; catering to transient occupancy; with no KITCHEN FACILITIES for use by
the occupants.
(38-A)
HOUSING FOIL THE ELDERLY (ORI ) 8777)
A dwelling unit (s) specifically desi,tned for the needs of an elderly person or persons, and con-
forming to the requirements of State and/or Federal programs providing housing ,or the elderly,
and which
a) The minimum age of the head of the household shall be 62;
b) Not more than five per( ent (5%) of the number of dwelling units may be used by
employees on the premises without regard to aye;
c) the termination of elderly housing ; erfnittvd herein, shall cause the project to he
modified so as to rivet the applicoble tuning requirements for the new use and the
toning district in which the project is located.
(39)
KITCHL14 FACII_I1ILS.
A portion of o BUILDING used for the preparation of meals, and for the purpose of this
Ordinance shall include a kitchen sink.
(40)
LAND USE PLAN (GENERALIZED). ,
The plan for the City of Miarni, as officially adopted, indicating the functional relationship of
areas of the community, intended for use as a guide in the development of Miami as a City of
"HiChest (duality."
(41)
LIMITED ACCf:SS HIGHWA`(.
A trafficway in respect to which owners or occupants of abutting property or lands and other
persons have no legal right of access to or from the sorne, except at such points only and in such
a manner as may Lw determined by the Florida State Road Department.
(42)
LO f.
A parcel of land considered us a unit occupied or to he occupied by a main RUILDIt JG or qroup of j
main BUILDIt JGS and ACCI SSOR'( bui dings, or Uy a'p►incipol USE and USES ACCESSORY
thereto, together with such YARDS, open spaces, LOT WIDTH and LOT AREA as are required by
this Ordinance.
(43)
LOT AREA.
The total horizontal area within the LOT L114ES of a LOT.
(44)
LOT AREA, PLRCENTAGE OF.
LOT COVERAGE divided by the LOT AREA.
(45)
LOT, CURIdER.
A LOT abutting on two or more streets at their intersection.
(46)
LOT COVERAGE.
The percentuge of the total area of the lot that, when viewed directly from above, would be
covered by all principal and accessory buildings and structures, or portions thereof, that are
included in the calculation of FLOUR AREA of a building.
Where more than one structure occupies a lot, or where portions of a structure are erected to
various heights, the allowahlc percent of coverage permitted for the inuividual structures or
portions of structures at various heights shall be multiplied by the respective percentage of the
�1
total building coverage represented by each building or portion of building, and the sum of the
'
resulting percentages shall constitute the adjusted maximum lot coverage permitted on the site.
(ORD. 7508)
7 REV. 1-1-79
E"a 01%
(95) VILLAS.
A group of three or more one-story DWELLING UNITS containing not more than two one-forridy
DWELLING UNI IS per BUILDR JG, located on one or more adjoining LOTS and having separate
outside entrancv% on the ground flo,,r floor level for each ONE-f AMILY DWELLING, designed to
provide occomniudations for transicfit or overnight quests.
(95-A) WARL-HOUSI., M.IfJl
A building or (1ruup of building i1i a controlled -access and fenced or walled compound that
contains varying sizes of individual, compartmentalized, and controlled -access stalls or lockers
for the dead storuye of cuto,ner's y,)ods or wares. (ORD. 8884)
(96) YARD.
A space on the sane lot with o STI tUC fURE or USL, open and unubstructed from the ground to
the sky, EXCIJIF by encruachrnents specifically permitted by the provisions of this ORDI-
HANCE.
(97) ZONING ORDIf JANCE.
For the purpose of this ORDINANCL shall mean the City of Miami COMPRLHLNSIVE ZONING
ORDINANCE.
(if ter notice: to rill property owners within the propo%cd interim zoning district.
(c) Interim zoning rteclulolion.s •,hull be designed to include, but not necessarily limited to the
following:
I. Invent of the I)istri( l
2. Delineation of Ile I )islrict Ifounclurios
3. Pormitfed Uses
4. Limitation of Lkes
5. Yard, Lot Coverage arn1/or floor Area Ratio Requirements
6. Other upplicabin regulations
7. Tirne limits.
(4) TIME LIMITS - The interior Zoning District shall continue in effect for a time limit no greater
than a period of one (1) year t•stabiished by the enacting ordinance and shall automatically
become null and void at the end of this period. The City Commission may extend the time limit
after due notice to property owners within the district, and a public hearing on F-id extension for
a period of six (6) months. There shall be no rnore than three (3) extensions of time allowed for
any established interim zoning district.
(5) RECORDING - The Interim Zoning District shall be properly designated on the official zoning
maps of the City, and shall reflect the adopting ordinance number.
Section 40._ ENVIRONMENTAL CONTROLS (ORD. 8213)
l(1) WATERFRONT LANDS - Excepting property located in R—IA, R—IB, R—I and R-2 zones of one
acre or less, all properties abutting the waterfront, riverfront and/or their tributaries shall be
affected by the provisions of this sub -section.
(a) Site plan review - Development of all waterfront properties requires site plan review by the
Planning Department, to ascertain that development is in accord with the intent of these
regulations.
(b) Waterfront yard areas - A minimum yard area averaging twenty (20) feet in depth shall be
provided along any waterfront. In no instance shall the above yard area be less than fifteen
(15) feet in depth.
(c) In all districts underground structures shall maintain a minimum setback of ten (10) feet
from any waterfront.
(d) Acr_.;ssory structures shall not be located in any required waterfront yard area except for
such necsssury structures as boat slips, boat ramps, davits, mast markers, walkways,
lanrkcopr: furniture, and ih( like, approved in conjunction with thesite plan review by the
Plonninq I)eportrnent.
(e) No parking or storage shall be permitted within twenty (20) feet of the waterfront. When
parking or storage is within tiny portion of a required waterfront yard area or is adjacent to
a waterfront yard or setback area, said parking or storage shall be screened from view
along the waterfront, with appropriate hedges, walls and landscape materials.
(2) LANDSCAF'f1JG
(a) All yard areas, including required usable open space, required or provided, shall be land-
scoped and/or treated as set forth herein. The term "yard area" used herein shall include
all lot area that is not built upon or used for off-street parking, driveways, recreation and
other permittednecessary uses.
I. All yard areas shall contain a minimum of one (1) shade or flowering tree on the
average of every fifty (50) feet on center along the width or length of such yard area
or for each one thousand (1,000) syuure feet of yard provided, whichever requires the
greatest number of trees.
2. In addition to trees, all yard areas shall be appropriately landscaped with shrubs,
hedges, ground cover; and other similar type materials. In particular, the afore-
mentioned landscape materials shall ebe utilized, in addition to walls if necessary, to
screen parking or other vehicle use areas, trash or garbage collection areas, utility
areas or yards, or storage areas or yards.
(b) beck arras, plazas and roof areas of underground structures, not exceeding three and one
half 010 feet ohovo ground level, shall be landscaped and/or treated in the following
manner.
I. A minimum of one (1) shade or flowering tree shall be provided for each one thousand
(I,000) square feet of deck, plaza or roof area. The trees shall be planted in
wells which art- a rninimurn of
25. I IREV. 2-1-74
( . a r,
(90) rRANSITIOr,lAL USE.
A USE automatically permitted as an exception on a lot in an "R" (Residential) District, which
:'' :. SIDE LOT LiHE abuts a C-I, C-IA, C-2, C-3, C-4, C-5, W-R, W-I, 1-1, 1-2 District, as described
and limited in AIWCLL IV, Section 26.
(91)
TOURIST HOME.
A DWLLLIIK, contuininq ono I)WI I LING, UNII for the use of the rnonnrler and o number of
RENTAL SIA4 I'IIJC, UNII5 ar suite, or rooms, where lodging is provided with or without meals.
(91-A)
10WHHOUSL.
17 or the purpose of this Ordinance, a TOWNHOUSE: shall rnean a one -family d, elling in series
with a group of three (3) or more such dwellings, each located on a separate lot, and separated
from each other by an adjoining fire wall, or walls, as defined by the South I lorida Building Code,
without openings through such walls, and with no more than six (6) inches of air space between
such walls, said air space to he effectively scaled. (ORD. 7551)
(92)
USE.
The purpose for which land or a BUILDIrG is arranged, designed or intended or for which either
land or a BUILDING is or may be occupied or maintained.
(93)
USE PERMIT.
For the purpose of this ORDIt,IAI 1C1 , the terrn USE PERMIT shall be synonymous with the term
"zoning change" and shall mean a deviation frorn the USE regulations as specified in a zone
DISTRICT. A UJ E_ PERMIT (zoning change) shall be subject to the provisions of ARTICLE XXX,
requiring a zoning amendment "BY (RDIIJANCL."
(93-A)
USABLE OPEtJ SPACE. WHO. 8554)
Usable open spuce shall rnean outdoor urea, excluding parking and other service areas, which is
utilized for outdoor living, recreoti-in or landscaping, and which is open and unobstructed frorn its
lowest level to the sky except for roof overhangs not in excess of three (3) feet. All open space
shall be accessible to, and usoble hy, all residents residing on the lot. Usable open space may
include areas at the ground level and/or on roofs, decks and balconies, provided that such areas
rneet other criteria set forth in thi, definition. The rninimurn dimension for usable open space at
the ground level shall be ten 00) het and the miini(nurn ureas shall to one hundred (I00) square
feet. The minimum dirnensions for usable open space located on roofs or decks shall be twenty
(20) feet and the rninirnurn area shall be four hundred (400) square fret. Except for the C-3
District, at lenst one-half ('o) of tine required usable open space shall be on the ground with no
structure below the usuble open space and not more than twenty (20) percent of the required
open space shall be on the ruof, bulcony, or deck area that is above twenty-five (25) feet in
height.
(94)
VARIAtJCF.
A modification of, or de•viution from, any regulation, except a USE regulation, for a specified
zone DISTRICT of the COMPRLHE_I ISIVE ZONING ORDINANCE, which is authorized as specified
in ARTICLE XXXI. (01�1). 8225)
(94-A)
VESSEL. (Wl).8480)
Any wotercruft structure, whether power -driven or not, mobile or stationary, surface, sub-
surface or hydrofoil, including, but not limited to, ships, boats, barges, houseboats and seaplanes.
(94-B)
VESSEL, COW41 RCIAL, (()IZD. 8:010)
Any vessel that is built, ull�red or used for the principal purpose of engaging in water -related
cornmercial activity, whet1wr rnobrlf� or stationary, including, but not limited to, charter boats,
fishing boats, freighters and harges.
(94-C)
VESSEL, NOt 1-(JWI . (Or'.D. 84K))
A vessel not owned by the owner or occupant of the property to which it is docked or moored.
(94-D)
VESSEL, PERMANENT LIVE -ABOARD. (ORD. 8480)
Any non-cornmercial vessel, docked or moored within City waterways or water areas, which is
I
used as a residence or dwelling unit for more than ten (10) days within any sixty (60) day period.
II REV.I-26-77
ARTICLE II- DEFINITIONS
Section I.- GENERAL
For the purpose of this ORDINANCI , the lollowincl words and phrases are defined as follows! "CITY"
shall rnenn the City of Miami; "ZONING BOARD" or "BOARD" shall mean the Zoning Board of the City
of Miami, Florida; "PLANNING AUVISORY BOARD" or "P.A.B." shall mean the Planning Advisory
Board of the City of Miami, Florida; "PEI670N" shall rnenn natural person, joint venture, joint stock
company, partnership, association, r lub, c(nnpany, corporation, business trust, or the manager, lessee,
agent, servant, officer, or employer of any of there; "SHALL" and "MAY": "Shall" is mandatory; "May"
is permissive. Words Used in the present tense include the future; the singular number includes the
plural and the plural the singular; the words "DESIGNED FOR" include the meaning "USED FOR"; the
word "STRUCTURE" includes the word "BUILDING"; and "BUILDING" the word "STRUCTURE'; the
word "LOT" includes the words "PLOT", 11SITE", AND "TRACT"; the words "AREA" and "DISTRICTS"
may indicate and include the meaning of "ZONE". The word "USED" shall include "ARRANGED",
"DESIGNED", "CONSTRUCTED", "ALTERL.D", "CONVERTED", "RENTED", "LEASED" or "INTENDED
TO BE USED". The word "LAND" shall include water surface and land under water. (ORD. 8225)
Section 2.- TERMS DEFINED
(1)
ACCESSORY.
the term applied to a BUILDING or use which is clearly incidental or subordinate to and
customary in connection with the PRINCIPAL BUILDING or USE and which is located on the
same LOT with such PRINCIPAL BUILDING or USE.
0-A)
ADULT. (ORD. 8618)
Any person 18 years of age or older.
(I-B)
ADULT HOOK STORE. (ORD. 8618)
An establishment having as a substantial or significant portion of its stock in trade, books, moga-
zines, prints, photos, movies, models and periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing, exhibiting or relating to "Specified Anatomical
Areas," or an establishment with a segment or section devoted to the sale or display of such
4
Inaterlal.
(1-C)
ADUL1 MASSA(;I_ PARLOR. (0121). 8618)
A business where portions of one person are treated or encountered by rubbing, stroking,
kneading and/or trapping, by a second person, displaying "Specified Anatomical Areas." For the
purpose of this definition, a health studio shall be included herein where any portion of the floor
space is used for the above stated purpose.
(I-D)
ADULT MOTION PICTURE THEATER. (ORD. 8618)
An enclosed building used for presenting on a regular basis film material distinguished or char-
acterized by emphasis on material depicting, describing or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas" for observation by patrons therein. Any hotel or
motel which advertises the presentation of matter described herein shall be included in this
definition.
0-E)
ADULT PRIVATE DANCING. (ORD. 8618)
A business which features dancers displaying "Specified Anatomical Areas" in private rooms for
not more than three spectators.
(2)
AGENCY.
As affixed to a business shall mean a representative business as a relationship between a
principal and his agent, not engaging in any type of production for the principal.
(3)
ALLEY.
Any thoroughfare or passageway, (not officially designated as a street) designated by a recorded
plat, deed, or legal instrument, to be secondary means of access to the rear or side of properties
otherwise abutting on a street. (ORD. 7500)
3 REV. 1-1-78
L
Section I.
Section 4.-
Section S.-
Section 6.-
ANNEXED AREAS
All areas hereafter annexed to the City c,f Miami are hereby declared to be zoned R-I until otherwise
zoned or classified as to Zoning District.
WATER AREAS
(1) All land situated in f3iscaync• Boy Oi1TSIDI- of the officially established bulkhead line, consisting
Of submerged Inn(], portly subrnergvd land, and existing or future spoil islands are hereby zoned
R-I, Unles% Otherwiso designated orthe zoning district molt,. All lands situated in !3iscoyne Bay
INSIDE of the officiolly e•stnblishei harbor line consisting of submerged land, portly submerged
Innd, are hereby determined to to. zoned to the most highly restrictive district classification
contiguous to said lond.
(2) the water surface and the fund un ,,r the water surface, of all conols, rivers, waterways, Nnds,
lakes and other water areas in the ,'ity of Miurm not situoted in Hiscoyne Hoy are• hereby placed
in the same honing District as th, land which it abuts us shown on the Zoning District Maps.
Where the zoning Districts shown .m the Zoning District Mops are different :,n opposite sides of
the water urea, then the kind of n.ninq district on each side sholl extend to the center line Or
midpoint of the water area.
(3) For convenience of mapping and c lority, the zoning of water areas is not s!,own or,. the Zoning
District Maps, but is delormined by the provision% of this Section.
DISTMCi ItJC, 01 VACAi LO \,rAYS At P ! I ZAIt_1 (-)AD lilts i I -01 -WAY
(1) Where n street or alley shown wi a Zoning District hlap is hereafter officially vacated by
replotting or otherwise, the land t•,rrnc•rly in such street or alley right-of-.vuy shall be included
within the zoning District of odjoming property on eitner side of said vacated street or alley. In
the event such street or alley n district boundary between two or more different zoning
Districts, the new District boundary shall be the former center line of such vacated street or
alley.
(2) Railroad right-of-way in the- City ,,f tv icrni is hereby placed in the sour,..• zoning District as the
land which it abuts on the zoninq 6strict neaps. Where the zoning !istricts shown on the zoning
district rnups ore different on op,,osite sides of the railroad right-of-xay, the kind of zoning
district on each side shall extend t,� the center or midpoint of said right -of -.way.
F301JI 4DARII-.5 Of UI ; iMMI
(1) Unless otherwise Shown, th.. IA%tn, I houndaries are street lines, alley lines, or the satrfividinq or
loundary lines of recorded blots, or the extensions thereof, and where the Oistricts designated cx1
rnups nccornpunyinq and rncnle o par t of this Ordinance ore upproxiouotedy N-f),led by street lines,
alloy lines or the subdividiu.g or 1--and-rry lines of recorded plots, such lines or t`ie extenci,ns
thereof shall be considered to he I).strlct houn,1,rrW%.
(2) Where, due to the scale or iller;ibility of the District Mop or duo to the utnence of o street, alley,
or recorded sulx.tividing or plat lin,•s, there is any uncertainty, contradi.-tion or conflict as to
intended locution of any District ,oundury, the ffoord shall recornmend to the City Commission
the intent of said District Mops �iu as to deter nine and designate the proper location for such
District boundary in accordance with the spirit and purpose of the Zoning Ordinance.
13 RM 1-1-75
§ 253.12 PUBLIC LANDS AND PR0I11':IITY
nevlsp.r's Note-1977:
Fee s. 26, ch. 75-22, w•hlch repealed s.
253.122, relli0m; to the power to fix
hulkherw lines, and s. 7(3), ch. 75-22 (S.
253.1221), which reestablished all btllk-
hpad hoes to-m- ously established purse-
fint to s. 253.122 at the line of mean high
valet or ordinary high water.
United States Supreme Court
I State dominion over submerged Is-
lands w•Itlln one-nlllo belts surruundfng
ii ::ant❑ iWHiAt•a and %nacolia islands, see
r United `talcs v. Callforn!a, 1978, 98 S.
t' C1, i1102, 1311, U.S. 32, 5G L.rd,2d 94.
253.122 Repeated by Laws 1975, c. 75-22, § 26, elf, July I, 1975
253.1221 Bulkhead lines; reestablishment
All hlllhht'nil lhtos heretofolr estf11111.R11(`tl lulrsuntil to fortuer s. '253.122
uro heron• established lit the flue of Menu high willrr fir ordinary high water.
There i;liall Ite no filling wetter itrd of the line of iuean high \\'titer or ordi-
25, Actions and proceedlnps, in general
In action by company which boll lieell
Issued dredge _and fill perinit by United
tiUatetl ,Uui) Corps of ]snglneers for tic
claratory judgment that pernill rights
lit il never expired and that Collis was
trqulr.%I to hold heiu•Ing on application
for tenewill of permit, controversy was
"ripe" for judicial resoinlinil notwith-
stfinding pendency of state litigation on
Issue of Floridil into ns to ownership of
snhlnerged I:ul,ls. Iiani(ers Llfe &
v. Cnlhatt•a)•, C'.A., 510 F.2d G25
(197G), rehParlog denied 536 r.2d 1387.
certiorarl (If -tiled 97 S.Ct. 811, 429 U.S.
I t,73, 50 1,. Ed.2d 791.
nary high water except upon conipliaure w'itli this chapter,
Niws 11175, e, 7.71,-2 . § 7, eff, July 1, 1075.
Cross References
nl roue. I%liullt> H. Maloney and Alt-
"J livironntenLlal Reorganization Act,
than)` Y. O'Donnell Jr., 30 U.1''Ia.L,ll.
see 1 403.801 et seq.
283 t1978).
Law Review Commentaries
Libra ryy References
Hole of conl.tal construction sethuck
Na%wilile \Voters 0=38,
lines In regulating development of coast-
C.J.S. l uvlguble Waters 1: 113, 114,
253.123 Restrictions on tilling land and
dredging
Reviser's Notea--1977:
See s. 11. ch. 75-22, which transfers all
hint1: It to dtedg� fill material from pub-
po\vers of the 17epartment of Natural
if(,.Iwttoms irl till submerged land ptlr-
13esntircos rclatinft to permits, licenses,
rlul::ell by it front state, whivli ncllons
awl exeniptluos to the Department of
IPsulted io denial to plaintiff ui use of
I•:nviloulnentfil ltl'gulatiOn.
lul Is but even If "wh right Iva :I been
lieu s. 24, ch. 73•-22, which repealed s.
esta btl;d r•,', extend of alleged dfinlart's
25:3.122, rclaling to the power to fix
was nit l how•n: right to upn ,lust c,ucsa-
Imlkhrad lines, and .. 7(3), cat. 7G-'S2 (s,
ti,ol throo0i r`olincnt duuutin proceed-
=1.1221), which reestablished all 10'evi-
Ines teas onl) lt:licf to whl,:h plaintiff
ously, estalillshed bulkhead lines lit the
tvas entitled. III.
line Of 11Wlin lllfih wiper or ordinary
In I11'0t'k„di1W ill Coillllel t'1:11111 fat' jll-
high water•
dicirll d, clarutiin ti-t is ,inrldlrCion of
Law Review Commentaries
;;late Poard of '1'iust,•irs of lllernal Inl-
ltepbi•in of aretICIPS having no jurls-
{?I u1'PIIIPIII 'TrwQ Fiold iced cuuntl'1'-
dletlon. 2 Fla.State L.ftev, 81G (197.1).
claitiuulls Valli., find enrolls, evidence
1. In neneral
s1lj1Iwl't4:.l firl,lllag that tle %calla• holies
Where, Inter allfi, trustees of Internal
w.qe "nrfitiolall)' ctruU•d navlgalde wa-
Ioiprue,!nwnl 'Trust Fund, by revoking
teas" wilhill .•liitut„r) t,let•Ivtin ,•xrcpl-
pminit uutlurl;ang corporate plaintiff to
QIe,IGi till Itlatel'I'11 front bottoms
Jill; sneh frunl rlsUtrtio,ls on cunsti'mt-
1111: i:,I:,nil:, tic 11`!d1llr to exlrtitll: Illilds
public
• to fill stilaitorg P1l !nlld purchased ll)m• It
frool �1 roste,!a thus derlyfil(t�,' plitliff
W 1.=l:lnd:+ I�il'•11.1111g ail or tieing ill
flpl'll. llii,! \\'It,•I.i tim c' p 11111 119 sall, ri1`it
1•Il!i,t. to Ilia• It., land in of11, w•fa)• I11
it',•tlltitfill!"vtil'11 t1':it,:l"r, tit:ate 13d, (if
tcldcll In Itatr. ownership could be of fill)
I'ru:•t, l•s ,( fill !rued Iml,. 'Trust Fund V.
I'stati -, inc., 327 So.24
value, rendorc,l I:out totally useless its
b'ra-.\U .\pp.,
Pit' av 11I:Ii1)tiff ails concerned, and long
>A Il'J7GI.
delay doe l-i slate's determination to
Stllte U,:u 1 if '1'ru:a,•1•s of internal
deny plaintiff uee of Its lands by utlliz-
loll lucenu•nt 'I'ru;t 1•lnll 11n,1 nu regu-
Inevery Court o prCPF3 to delay grant-
g
Lill-tt, Iothiti'y ncet t•xcavutlon work
a, lif ofi rlllit not only cused loss by
Inp
t• dod .wdvh \tltlihl firtlficially cre-
mctc
e�l,lratlotl of firm)• I-rolit but was roll-
alcd tilt clgallr wntois uvrned by the Px-
tt-limtlnl: fartur It, corps' refusfil t,p
v!t stirs Ili.
r,r:urt extensl,m. Ih!fvndttnts perntanent-
I)' denlr.1 plaintiff u=c of its land, and
tiff
1. Dredge pert,iits
land
eted
t!onwas
wo roquiringtltled defendants, state
al;rncly:l un,l offlchtls, to institute con•
1 flLIjaePnt to his v:uferUintl im.p.
erty uu natlgtlll„ Indlan I11ver, who did
dt•Il,ilntlOta {,1•eeeetlings, Askew' V. Uil-
IIOt Its.i,;t'l tirit his il1'Pd�`e pt'O)1'Cf
I Ire-Itr-The-Srn, ins, App., 333 Su.2d
tti,tld eerie pul.lio Interest, w•nv not ea -
Sr (i'17ri1,
till,,l to permit allnw'hIl 111n1 to drelll:::
Coiporato plaintiff was not entitled to
:Iltillow• nrcr;.:, 1:ullll trim ricer to Ills
d:un111;P:+ ari.inq ant of state's actions,
upl:ultl p,ul,l•11). Shn),lowski v. State,
iu Its alteulpt to hln,:k plaintiff's efforts
I (,Ill. (of lint it nnronLil Regulation,
to ibtfiln dredge find fill permit author-
Alip., 37v S,t.2d 5t1 t1979).
253.124 Application for filling land
[,Sre ufnin volirlile
far trot of (1) to (3)1
(•I) No construction pertuit issued
under chapters 253 and 903 shall au-
thorize work for a period'of time in
e ce," of a years. After approval and
26
�.
BEFORE THE CITY COMMI^`;ION
OF THE CITY OF MIA141
CASE NO.: 80-149-AR
SAVE 1311ICKELL AMWO O INC . ,
et al.
Appellants/Petitioners,
s
vs. _
:
7'11r? CITY OF MIAT4T
et al.
Appellees/Respondents :
To the Clerk of t.ho City of Miami, and the Circuit Court of the
Eleventh judicial Circuit in and for Dade County, Florida
Attached 1-0 ease find Exhibits A throu",h i1 for the Alternate Petition
for Writ of Common Law Certiorari, which were inadvertently omitted
from the f.ilin ,s on .June 6, 1980.
�'xh9.t,its were attached to those copies served upon C,eor-;e Knox, Jr.,
City Attorney for• the City of Miami, and upon Robert Traurig,
Attorney for Apf-l.ic:ants, and as such will not a;;ain be served copies.
LT
",teven
Counsel fir Ap! ell:ints/^etitioners
1401 Brickell Avenue
lli:ami, F1cjr ,.1:t 331.31
(305) 374-2(-)7^
0
f
RESOLUTION N(,.
1 A RESOLUTION RECOMMENDING A 11ODIFICATION OF
THE REQUIREMENTS AS SET FORTH I"; SECTION
3(4)(b) OF THE CITY OF MIAVI CHARTER, CHAPTER
10847, SPECIAL ACTS, LAMS OF FLORIDA, 1925,
AS AMENDED, TO PEPTIIT CONSTRt'CTION OF A
PLANNED AREA DEVELOPMENT (PAD) RESIDENTIAL
PROJECT (LA SANTA VARIA) ON LOTS 47, 48, 49,
& 50, BLOCK B; P4ARY f� 17I ,LIAT' BRICKELL (B-96)
AND SUBMERGED T�A"4h Lyi:ic SE lv OF LOTS
47, 48, 49 & 50, BLOCK B, MARY & I%'ILLIAM
BRICKELL (B-96), BEING 1643 BRICKELL AVENUE,
AS PER PLANS O'I FILE, WITH A PROPOSED 77,
AVERAGE SIDE YARDS BASED ON AVERAGE LOT WIDTH
(257, REQUIRED); ZONED R-5A (HIGH DENSITY
MULTIPLE DWELL1110.
WHEREAS, The City of Miami Zoning Board, at its
meeting of April 7, 1980, Item No. 9(a), following an advertised
hearing, adopted Resolution ZB 61-80 by a 6 to 0 vote recommending
a modification of the requirements as set forth in Section 3(4)(b)
of the City of Miami Charter, Chapter 10847, Special Acts, Laws of
Florida, 1925, as amended, as hereinafter set forth; and
WHEREAS, The City Commission deems it advisable and
in the best interest of the general welfare of the City of Miami
and its inhabitants to grant a modification of the requirements,
as hereinafter set forth;
11OW, THEREFORE, BE IT P.FSOLVED BY THE COMMISSIOM OF THE
CITY OF MIAMI, FLORIDA:
Section 1. A modification of the requirements as set
forth in Section 3(4)(b) of the City of Miami Charter., Chanter
10847, Special Acts, Laws of Florida, 1925, as aM=nd:d, to hermit
construction of a Planned Area Development (PAD) residential rroject
(La Santa Maria) on Lots 47, 48, 49 & 50, Block B; MARY & WTLLIAV
BRICKELL (B-96) and submerged land lving SE'ly on Lots A7, 48, 49,
& 50 Block B. MARY & WILLIAM BRICKELL (B-96), being 1643 Brickell
Avenue, as per plans on file, with a proposed 7%, average side yards
based on average lot width (25T r.eouired); zoned R-5A (high Tensity
Multiple Dwelling), be and the same is hereby granted.
CM COMMISSION" '
MEETING OF
MAY 7 %8','
leoxrmm no.......
PASSED AND ADOPTED this i day of MAY 1980.
MAURICE A. FERRE
ATTEST:
PH G . ONGIE
CI CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FOR1 A"ID CORPRCTNESS:
TERRY V. PER GE R F. KNOX,
ASSISTA14T CI Y ATTORNEY CITY TTORNEY
RESOLUTION NO.
A RESOLUTIO'1 C=RANTING A PrTITION FOR A PLATPIFP
AREA DEVELOPITFNT ( PAD) , ON LOTS 47, 48, 49, A'1n
50, BLOCK. B, MARY b T•TIT,LIANT BPICK17,LL (B-96)
AND SUBMFPC'RP T.A'1D T.YI^IC SF'' Lv OF LOTS 47, 48,
49 & 50, BLOCK B; P1n>,`' f. TTIL..LIAT' RPICKKrLT, (B-Q6) ,
BEITIC; 1643 BRICKELL AVE'll'F , AS PFR ARTICLE XXI-I
OF THE MIPRPHENSIV1' 70"II"1C' nRPI"TA"TCF 6,97 1, Ar,D
PLA'IS n" FT!,]', SAIP PAT) Tn CO"1SIST nT, TT,Tn 1"'TT"TDRrT)
THIR.TI;E" (213) !"TTTS I"' A T'y'OPOS'''�
TO',1ER STRI'CTURl' A'TT) A" V'VISTI"'C STRUCTT'RT' Tr` Br
USED FOR RECREATIWIAL T'I'RPr)Sl'S , A'ln ST'BJFrT TO
APPROVAL OF MT)IFICATIn"1 nF TT?F. PT,nt1IPFrT]''1TS I"T
SFCTIO11 3 (4) (h) OF Tl:r CITY nF rTIAP'I C]'APTFR.
C11APTFR. 10847 ; 70"1]'D R- 5A (HIC-P DT"ISITY P,TTL'rinL'r
DWELLING) .
1.'FrRFAS, the Miami Toning Board, at its meeting of.
April 7, 1980, Item No. 9(b), following an advertised hearing, adopted
Resolution 9.B 62-80 bit a 6 to 0 vote recorrendinC, arnroval of a
Planned Area Develonment (PAD) as hereinafter set forth; and
.,INERFAS, the City Commission finds that the annlication
meets all of the standards for PADS set forth in the Comprehensive
Zoning Ordinance; and
WHEREAS, The Cite Commission finds that the annlicant
has followed all of the procedures and submitted all of the documents
necessary in accordance with the Cornnrehensive Zoning Ordinance; and
WHEREAS, the Citv Commission finds that the PAP Teets all
of the standards for a Conditional TTse as outlined in ARTIrT,r v`Z-I
of the City Comprehensive Zoning Ordinance; and
WHEREAS, the City Commission deems it advisable in the
best interest of the general welfare of the Citv of Pliami and its
inhabitants to grant the netition for the annlication of a Planned
Area Development (PAD);
NOW, THEREFORE, BE IT RFSOLXTD BY THE CnIgmISSIo*1 OF '.�'i?F
CITY OF MIAMI, FLORIDA:
Section 1. The petition for a Planned Area >Develonment
(PAD) on Lots 47, 48, 49, and 50, Block B; P'ARY F, T'ILLIAMI RPICI!FT,?,
(B-96), and submerged land lying SE'ly of Lots 47, 48, 49 and 50,
Block B, MARY & TIILLIAM BRICKELL (B-36), being 1643 Brickell Avenue,
consisting of two hundred thirteen (213) residential units in a
proposed tower structure and an existing structure to be used for
recreational rurnoses, and subject to annroval of modification of
the requirements in Section 3 (4) (b) of the City of P"iani Charter
Chapter 10847; zoned R-5A (High Density P'ultinle rmelling), be and
the same is hereby granted.
PASSED AM) ADOPTED this day of 1980.
ATTEST:
RALPH 0. ONGIE
CITY CLERK
PREPARED A"ID APPROVED BY:
r1a v.Q?JMWW
TERRY V. PE Y
ASSISTANT C TY ATTORNEY
APPROVES TO FO.W— AND CORRECT"II;SS :
CITY AT�R`1F.Y
.. 0K*-
CITY OF M1AN11. rLOWDA
INTEROFFICE MEMORANDUM
A`trelio Perez, Director
Plat g and Zoning
arc l dministrat' n
e Uuf hairman
UrbanDevelopment Review
Board
DATE March 26, 1980 FILE..
5L8.E1643 Brickell Avenue
La Santa Maria Planned
Area Development
'AEFSR_:a^_ES
ENCLOSURES
At the Urban Development Review Board meeting February 20, 1980,
the Board recommended approval of the subject project with a
floor area ratio of 2.65 based upon the net developable site
area for a total floor area of 434,886 sq. ft.; side yard devia-
tions of 130' , 207' required; lot coverage of 7 . 75''� for tho
principal structure; and a total lot coverage of the principal
and accessory structu1'c1s of -17`c, 35"' permitted, subject to the
following conditions:
- dedication of the 70' service road
- filing of a covenant that the lands underwater will not be
filled
- any future marina development will require approval of the
Urban Development Review Board as a modified P.A.D.
- the garages in the right-of-way to be maintained until right-
of-way improvements are started.
- per plans oil file including landscape plans, dated February
14th 19S0, sheets 1-7
The basis for this recommendation involves the following factors:
- preservation of the existing mansion
- preservation of the shore line in its natural state
- significant and sensitive effort in the preservation of trees
- quality of architc�ctur(? and site design such as the minimal
footprint of the tower structur(�
- the maintaining; of substantial natural landscape buffers
along; the nf)rth and south property lines, and the density
Of the landscape trOatmont
- dedication of thou 10' ri-lit-of-way for the service road
- necessary yard area deviations to provide better building
orientation
80-334
►80-335
OVI
Aurelio Perez, Director
March 26, 1980
Page 2
The Board also noted that the preservation of the existing man-
sion would interfeiTe-with the providing of side yards required
by the waterfront charter amendment and recommended that the
requirement be waived by the City Commission so as to provide
a better urban environment by preserving this historical feature.
GB:ek
80-334
80_
ii al 5
0
ZONING FACT SIIEf.T
LOCATION/LEGAL 1643 Brickell Avenue
Lot 47,48, 49 & 50; Block R;
MARY & WILLIAM BRICYI:LL (B-96) and
Submerged land lying SF'ly of Lots
47,48,49 & 50, Block B; MARY
WILLIAIM BRICKFT,L (11-96)
OWNER Southeast Bank Trust Company, N.A.,
as Trustee (Trust 01-375-005)
Southeast First National Bank
100 S.R. 2 St.
Miami, Florida.
APPLICANT
ZONING
REQUEST
and
Mercedes m. Ferre
1643 Brickell Avenue
Miami, Florida.
Robert II. Trauriq
1401 Brickell Avenue
Miami, Florida.
Phone: 377-3501
R-5A (High Density Multinle Dwelling).
(a) Request a modification of the requirements
as set forth in Section 3(4)(b) of the
City of Miami Charter, Chanter 1.0847, Special
Acts, Laws of Florida, 1925, as amended, to
permit construction of a Planned Area Develop-
ment (PAD) residential. r)roject (La Santa Maria)
on above site, as per plans on file, with a
proposed 7% average side yards based on averaqe
lot width (25% required).
and
(b) Request A Planned Area Development (PAD) on
above site, as per ARTICLE XXI-1 of the
Comprehensive Zoning Ordinance 6871 and plans
on file, said PAT) to consist of two hundred
thirteen (213) residential units in a
proposed tower structure and an existing
structure to be used for recreational purposes,
and subject to approval of modification of the
requirements in Section 3(4)(b) of the City of
Miami Charter Chapter 10847.
4 80-334
RECOMMENDATION
PLANNING DEPARTMENT a) APPROVAL IN ACCORD WITH THE PLANS ON FILE
The requested modification to the 254 view
corridor requirement established under
Chapter 10847 of the City of Miami Charter
is acceptable since it will allow the
existing mansion on the site t(i he preserved
and since the new construction will provide
more (2.8".) than the minimum re,-;ui red corridor.
b) APPROVAL Ii; AC'COM) WITH 'I'[11; 1'I,?vNS ON PTTX
AND IN TLCC()PI) L^,' I'!'}I '1111' COND I T I oN;, 1'1;('()^1MI NDED
BY THE UrMAN I'1 VTI'h' IloA N). The
proposed development niects the intent of
a Planned .fir i f>evc l01 ment and of other
zoning recqulations. It. will provide
amenities which will Jwnefit ))oth the
future residents of the site and the City
of Mi am-i . For exampl c , with the exception
of 13 spaces, all of parki.no will he
enclosed in a 2-story c:Iara(le which is
landscaped on the top clerk. The existing
mansion, mansion, La Santa Maria, will he preserved.
All of the valuable trees will. remain on
the site and the existing shoreline will
be kept.
Following is a list of this projects
deviations and an explanation of several
of the calculations relative to the R-5A
zoning:
1.) FAR & lot coverage: Although no
deviation is being requested on the
FAR or the lot coverage, an explana-
tion is necessary here in order to
relate this development to past
�development on Bri.ckell. The Depart-
r,ent of Buildinci and Toning Inspections
has changed its interpretation of lot
area. The new interpretation allows
an owner of waterfront property who
holds title to contiguous submerged
land to include that submerged land
in the lot area. This means that
although this "La Santa Maria" project
is now technically proposing a 2.0
FAR and a 31.890, lot coverage, when
calculated using the "old" interpretation
(submerged land is not included), the
project has a 2.946 FAR and a 46.W.
lot coverage.
$0..4
0 �7
2.) Side yard setbacks: a minimum
of 130' and an average of 160'
are being provided. The required
yards are 2071. •
ZONING BOARD Recommended approval of (a)&(h)
April 7, 1980.
CITY COMMISSION DEFERRED APRIL 24, 1980
80-334
to%
2 y 6 1VM. BAz/GKF-I-L
ogicHati-
IM 47 c Z
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,p I �) �, P-
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80-334
a
Cite 0fft1i,.J1Ui, f lurt-ha
April 8. 1980
Mayor and City Commission
Attention: Mr. Joseph A. Grassie
City of Miami, Florida
re MODIFICATICN OF REQUIlU:I'MENTS
CITY OF '41AMI C117iRTLR CHAPTER
10847, Sec. 3(,,) (13) - RE'C01,LNIENDED
1643 Pric-vll iiventic
Lots 117,4f,,I() << 50; 131ock B
fIARY & I'll,LITA111 R'RiCi-,EI.L (13-96)
and sub!,icrc-c-(l land
Applicant: SE 1,,,inlr', Trust Co.
Gentlemen:
The Miami Zoning Board, nt its, mectinq of April 7, 1'111300 Item :49(a),
fol-lowing an zi(1vertise(l 11-arincT, r)doj-,torl Po.r-,olutinn Z3 61-1.30 by a
6 to 0 vol-c (I iihsent) mo,li.Fic'-ition oF- the
rC'(Iuir (:- �ivi i t F,.) r + n In o t Toil 3 11) F t- I i (, C i t—I., o f M 117 n In i C1 in rt c, r ,
- i_ !162r):,�; 't�o permi'C
Chapt-er 10".17
constriction oC -i PIC-.nricd tiro.-i -1-:1e:;LionLi,i1 project
rr, t_ s , 7 , /1, e 1, .1') h 1 1, !-;A X_-7 & I - 1 LT, IAM
:,joy,ir-r(p(l 1.,infl 1;,inq ';E'ly o'l Lot_:, .1711P'.119 & 50,
bt-irvl 1C),13 Avenuo,
as -) V (-� 17 n ri
per on T)ro!)o:;r-,(1 7' w!rds b,1.,..,(,C1 on
nveracir. lot %vifitl-j (25,/1 ro(lkiired) , ,oned R-5A (1i_i-(jh Density Multiple
Dwe I I i I Iq)
Three objections %vore received in the mai-1; Three objectors present
at meetit ig. Sixteen proponents present at meeting.
A RL;OLUTION to provide for the above has been prepared by the City
Attorney's office and submitted for consideration of the City Commission.
Z. M. 37
cc: Law Dept.
Planning Dept. Recom: Approval
cm
City Commission date: April 24, 1980
Sincerely,
u r"A i �11 r Q 4
Planning and Zoning 31oards
Administration
80-.11'14
NNENN�
,r
el-,
QlitV afffliuwi, flart'ha
Mayor and City Commission
Attention: Mr. Joseph R. Grassie
City of Miami, Plorida
Gentlemen:
April 8, 1980
re: PLANNED AREA DEVELOPINIENT-RECOI•LNIEND
1643 Bric':ell Avenue
Lots 1:7,48,411 & 50, I31o(--T: 3
J9ARY & I^•1LL1AM 131UCI;ELL (I3-96)
and submcrcjc'<l larn?
Applicant: L;i', :3an'r, Trust Co.
The Miami Zoni.nq Board, nt its meeting of Apri 1. 7, 11)�30, Item ,49(b) ,
Following an adverti.secl Iienrinq, nc1OJ)tcd Resolution ZB 62-80 by a
6 to 0 vote (1. mei;lber. absent) RECO1-U4LND1HG, sub jc,et- to the cic,dication
of t11e N'. ly 70' of: Lots 47 thru 50, a recuc:3t for 1 Planned A, -Ca
Development: (I,AD) on Lots 117,4,1(,, & 50, Bloc'-. 3; i•'LAity & ;:IL,LI-i•i BIU.CNELL
i115111erfled 1,111.1 lying SE' llCat Lotr3 •?7,•-i ;, lc) 0, :Qocl, 13,
M11RY & 1:11.1,lAi•1 1�I:IC?:I:1�L (i3 ?6) , bc'inu 1.1 ' (3rici;�,1.1 [,venue, ier
ARTICLE' XXI-1 of tllc C0:11i,rehensi.ve 'Zuni-nq ercli.nrince 6F171, and pinn:3 on
file, sa.i-1 I -AD to conai_st OF ;r,'o hundred thir.tecn (2.13) re:3.icl('11t-i ll ullitl=
1.n a hr01)(i:;C(l tn:•:er Gtructure and an e.,zisLlnc :;trllctllrr- to 1)(• 1.1,:ed for
recre nti.annl t)url o:=es, <Inc'1 Su}.jcct to nl, roval c, f ruxlificatia1i of the
requi.remontys .ill Section ? (4) 0 of. the Ci t-�� of Lliami Charter. Chapter
10847; zc)nc(l 1-5A (Aigh Density .'Iultit le D :!c11in(1) ,
Three oh-ic,cti.on- recei.ve(l in mli.l; '1'hrev objecturs present at meeting.
jixteen prol)onents present at meeting.
A RE.0-O ,UTION to l_)rovide for this PAD has been prepared by the City
Atto.r.ney's oEEice and submitted for consideration of the City Commission.
Sincerely, /
cm �'Au_0 I; re ,=LucJ ones
Z. I4. 37 c
cc: Law Dept, Planning and Zoning Boards
Planning Dept. Rec: Approval in Administration
accord witl1 plans on file and in
<accorcl with the conditions recommended by
the Urban Development Review Board
City Comr,li:sr;ion (?ate: April 24, 1980. 8 0 - i 3 4
VARIATION IN BUILDING TYPE A140 ARRANGEw
WITHOUT MAJOR C"1NGE IN LANO-USE INTEN:
2 2 6-STORY ELEVATOR
6 3-STORY WALK-UP
3 7-STORY ELEVATOR
1
2
3
LA 1
I6800 s.l.
1386100 ssff
I2B3,0
76,000
/00 ss.11BA
FA
153,600 s.1.
151,200 s.f.
16300 11
FAR
0.31
0.31
0.34
os
107,200 s.I.
1
116,000 s.f.
160,600 s.f
osR
2.6
3.0
2.1
VARIABLE ARRANGEMENT OF BUILDING E
WITH THE SAME FLOOR AREA RATIO (F
v 2-STORY BUILDINI
p"r
50°Io COVER FAR:
5-STORY BUILDING
20`i'o COVER FAR: 1.0
10-STORY BUILDING
10O10 COVER FAR: 1.0
80-334
44
.#
,
t1C3s:. c'x or T :
LSL9 1o. 214997 tl)37-111
MOM M.L M A 2=19 PR22II=8 !!rt the ondersLyned.
the irmet"s of 00 Iabenal x prow"ant Fund of the stato of
Florida. ander aotbority of low. for asid in consideration of the
am of Two Thousand Three Yundred iighty-eight and 07/100 Dollars,
($2,388.07), to then in hand paid by LUM CARLOM COMORATION,
a Florida corporation, of U4 County of Dade. State of Florida,
(Ihave granted, bargained and sold. and do by these presents grant.
Vbargain. well and convey, unto the said. SP,NMA CAAtr_-A CORPOfATION
a Florida corporation, and its succeseci� ana assigns` the follow -
Ming described land*, to -wits
A tract of subsserged land in Biscayne Bay lying South-
easterly of Lot 47. Block 'B' of MARY A.M) KILLIAM
SRIOCP'wL SUB:IVISION, in Section 40. Township 54 South.
Ranee 41 Fast, as recorded in Plat book 'B'. Page 96,
Public Records of Dade County. Florida, wore particu-
larly described as follows%
Cowtence st the pee corner of said Section 40, thence
Korth b8' 12' 14' Fast, along the Nor_h line of the
•aid Section 40 for a distance of 4,733.70 feet to
the intersection thereof with the Southeasterly right
of ray line of Briekell Avenue as ncc-- on the plat of
Flacler, Plat book 5 at Pace 44 of t;.e Public Records
of Dade County. Florida: thence North 52' 50' 14' East.
along the Southeasterly r:cnt of way line of Bricl:ell
Avenue as shown on the said jlat of ilacler and along
the said right of way line of Brickell Avenue and along
the Northwesterly line of Flock 'F' as rhown on the plat
of lUry and K:Il:a■ BrickelI :jbdiv:r:on. rlat nook B'
at Paae 96 of the Public Rvccrds c! .cam Ocvnty, Florida,
for a distance of :.640.92 -'-Pt to �
- -!t bcstezly
corner cf Lot 47. Plock '?' c! tic
br:CKell Su'_+c:v-,rion: 'r-. _tY: 1...
along If. So.:t'W-rtez?y 1r. __
itE
fee: - _nt'n-rectic' M.. ^ . ty
F_. ..t 2 of
of
r 4 .. i^
ses....i..-_ ._... ._ of :._.. .-
634-A *7 s44
i
•
r
7
the Southwasterly borndary o! said lAq a, for a d:a:•.-*
of 100 Poet, er_:r er lass, to tho th:r -.
with the South: a -ly bcjnd:.r• of said Lc! 47. t, rcc
South 27' 09, 4t' L_t: along :�o proloroatian South-
easterly of the Southwesterly boundary of said Lot 47
for a distance c! 20a foot. soxg or less, to the point
Of lsgiaaing. Containing 0.47 acres. spore or less.
TO HAVE AND TO NOW the above granted and described
promises forever.
lSAVING AND RRSZRVIDG unto the said Trustees of the
Internal Improvement Fund of the State of Florida, and their
successors, title to an undivided three -fourths of all phorphate, i
minerals and "tale, and title to an undivided one-half of all
Ipetroleus that may be in, on or under the above described land.
jl,with the privilege to mine and develop the same.
r IN TESTIMONY MAR-wW. the said Trustees have hereunto
subscribed their names and affixed their seal and have causal the
seal of THE DEPAP.TKM OF AGRICULTURE OF THE STATE OF FLOF:DA to 1
ibe hereunto affixed, at the Capitol, in the City of Tallahassee, i
;on this the llth day of October A. D. 1963.
(SEAL)
' (SEALS•••'. ^ rr r t
;Trustees Ss Z. -Pww (SCAL)
Comet er /, I
..+. i}..... :rr• esurer
Attorney Genera (SEAL)
01
r+opt. ej Agriculture
(SEAL)
Z`aoner of Agriculture (I 4
= y _ Am and Constituting the Trustees 1
of the Internal I sg,rovenent Fund
of the State of Florida.
k
I
,
i
i.,• t.._
80-334
i
.
j
Vii.cd Oct(_wur 17 1 juj.
ender CIO o
p
1 t TRUSTEES OF :1iE Iti:EPti L i i ?.C: N..r.''T FL\D
OF TiiE STATE OF. FLORIDA
.c ' 23496•
.. DEED F0.
- ,... K1;�i ALL vEt; BY THESE PRESENTS: :'haL/ the undersit. ned, '
r
t =. the -Tzusteea of ,t'ae Internal Improvement Fund of the State of
"Florida,.under authority of lew, for and in consideration 0f the
'
of Nine Thousand Nine Hundred Fifty-eight and .76/1CO .Dollars,
sum
' ($9, 958.76) , to them in hand paid by MIA.'+.I CARIBE Ih"JESTX-_!,Ts, I
•
- , INC., of the.County of Dade, State of rlorida, have granted,
bargained and sold, and do by these presents grant, bargain, eelh,,i'
•
1'
1 and•/Huey, unto the said ![SAIr CARZ� ° IN-V&SI'MRy: S, NC. and J s ,.
irl,
iele saf so tie! ,1r,V, ,i.%.•'s �,
I rsuccessors and assigns, the following described lands,to-wit:
t i. op
Two tracts of submerged land -An Biscayne Bay lying
Southeasterly of Lots 46, 48', 49 S 50, Block "B"
• I ; of NARY AN'D WILLIAM BRICKELL SUBDNISZON; in Section
w
40, Tonship 54 South, Range 41 East, as recorded in
' Plat Book "B-, Pace 96, Public Records of Dade County, 1
Florida, more particularly described as follows: I
Commence at the the NW corner, of said Section 40;
'
..._
thence North 88' 12' 14" East, along the North line 1
of rile said• Section 40, 'for a distance of 4, a33. 70 ;
feet to the intersection thereof with the South-
-easterly of-way;=•linr-c!-eriekellwenue as ehewn t
.right.
• - • on_the plat of Flagler, Plat Book 5.at Page 44.of the
�' Public of Dade County, Florida; thence North
.Records
I' 52•..50' 14" East, along the Southeasterly right of way
t' line of Brickell Avenue as shown on the said plat of
�, •.• Flagler and along the said right of way line of Briekell
Avenue and along the Northwesterly line of Block II as
• �, shown on the plat, of Mary and William Briekell Subdi-
_- vision,. Plat.Book 'B- at Page 96 of the Public.F,ecords
of Dade County, Florida, for a distance of 2,540.99
I,
feet to the most Westerly corner of r.ot 50, Block "D-
r
j , of the said ram and William IIric'rcll .uhd:vis:cn:
1 thence South 37 09' 46" East, alone the Southwesterly
1
i boundary of said Lot 50 and its prolongation South-
1 easterly for a distance of 683.7e feet to the inter -
.:section thereof with the bade County Bulkhead line as
recorded in Plat Book 14 at Page 3 of the Public Records
of Dade bounty, Florida and the Point of Beci^.Wing cf t;
tract of aubmerced land herein described; thence tiorti/
\ ! `� 5L°►54. Ft" Eatt, tie raid bulkhead line, for a ,f
.ram'
distance of 200.696 itet'to the intersection thereof
with the rolongation Southeesterl of the ::ortha�• to.!Iy
'
' boundary line of Lot 48 of the :aid Block -D- t t h.utre
'•
�' North 37• 09' •46- West, along. the" prolongation soot;, ,
Lot
easterly df.:he Northeasterly boundary .of•vAid
the higt.
for a distance -of 208 feet, r.•ore or less. to
� water, line • e Scuthwwesterly, r.een•'�=
o. Bieca••ne Ba••;
1 f thonr and elonq the
ing the nigh water line o_ Biscayne ray
maid PNIC
t
[,
Southeasterly bounrasry ofrLots 40. 49 and 50 of
'ts• laes, to ,e
• j for 1k distance 0! 3!.S !e0t, T,plw of
1 t•.,i cd:%iJ of r-►• :
so�,;ftf, tliri�uf with the JU is :O�J1:ei ►J
a`ong the roICnq,,iL
I.' Lot S0; .hence South 37. 09' 4G• mat•
uthw•e�terof
i ' U Lion Southens;erl he �c IY ,oundar}'
Y o. t t`
i {' Lot 50 for a distance of 20' feet=e or icsn, to
or '�e•
jPoint of Degi^Wing• Contalr.in9 1.4`� acres. sure ,
10,
- 8.0 -3 3 4
c -r
•... rt. v j.4i; * i „c�, •Ltiy ,�� 1,[ •,,r " :y P l�'-t►�1: =i ti ' ti'• +�.1 * a- f�.'.
.� �♦ Jr`fv "p
a
1•
'�•...•...._..._,_...
. •� tn.wP.w.::,„.r,
..-r.-,., .::art,
� . - �• -, .M...,...i.. , «....,._• .a,�.•-rat•.. •:•
t '' '
s e�• 'i
AL: o
Ccr._-ence at thr tra •corner o! eaid SCctioo 4C', thence
North (!8' 12 along thn North line of eaid
�.
Leetion.:0;''or a distance of 4,733.7C feet to the
r�
i. .•'
in c for lest the So�thea<te:,'. right o �'ny
rose: •`.. -with v
Flag:cr,
'
lire of L'::cccll Avcr.uo as aho�� on tko p: t of
,.
-��-'' •
Plat roc- 5 : a c 4the i'U�%:: c pccords of Dade
, .•
F
'
County Florid:.• ",once Ncr•h SC 14" £ast, alone the
t
Seuthcae•cr'y t•=:nt of '-'a'-Iine^of Pricrcl: Avenue as
�•{• }
(t
nhv n o: t1,cra:C prat of Flac`er add lo^ the ea:c1 rir:
-.he `.orthwratrrly
•
,'
of way line of P:iekc:: Avcnuc and signet
and llli:gym
t'
{
line of Plock 'B, as �,04� cn the plat c`.Niry
(
^:irks/. Su div:,ion, Fiat aco*. "B" at Face 9(, of t1c
s of ,de Count.,,.,, Florida for a distan_e of
:u:lie Record :
a:
' !
:.9:0.0: :cot to the most M'ce�e:ly corner cf Lot 46, Dlock i,
j
•
'D' of the raid Vary and h•l:lia't, Bric'r,cll Subdiviclon:
' .
..
thence South 3709' 46" Last, along the Southwesterly
:S•
boundary of the Bald Lot 46 and its prolongation South-
caste:ly for a distance of 710,90 feet `o the intersection
`
thereof with.the ode County Bulkhead line as recorded in (
'• '
1T
Plat Book 74 at Pace 3 of the Alublic Records of Dade County, (
'
Florida and the Point of Pecin'ning of the tract of sub- j
•
merged :ands herein described; thence Ncrth 560 54' !I"
East, alone the said bulkhead line, for a distance of (
i
`
10D.232 feet to the intersection thereof with the prolonga-
tion Southeasterly of the Northeasterly boundary of said
-
Lot 46: thence North 37" 09' 46' Nest, along the prolonca-
:t
tion Southeasterly of the Northeasterly boundary of said
Lot 46, for r. distar.ce� of 203'feet, more or less, to the
high water line of Biscayne day: thence Southwesterly,
a>
meandering the high waterline of Biscayne Bay and along
the Southeasterly boundary of said Lot 46 for;a distance :
r
-
of 100 feet, more or less, to the intersection thereof
• —
with the Southwesterly boundary of said Lot 46, thence ---)
South 37' 09' 46" Las t,'along the prolongation Southeasterl'y•(
of the Southwesterly -boundary of said Lot e6 for a distance i
q
o: 206 feet, more or less, to the Point of Beginning.
Containing .0.47.acres, more or less. I
t
t
Both parcels containing•a total'of 1.96 acres, 'more or leas, I
TO HAVE AND ^10 HOLM the above granted and described ,
!premises forwcr: :
�''` • SAVING %-%D RESERVING unto the- said Trustees of the .�
..,internal litprovement Fund of the State of Florida, and their
, uccesaoru .title to an undivided three-fo•arths of.all phosphate, 1
-minerals ard.iretals, and title to an undivided one-half of all
—%.PCtroleum that may be in, on or under the above described land, 1
;with the pr_vilege to mine and-4e:•elop the -same,
i .t, ♦• IN TESTINON'Y.$-*MREOF, t2:e raid T:vetces have hereunto i
Subscribed their naves and affixed their -a! and have caused the t
iseal of THE DEPART W.: OF AGRICULTURE CS T!: STATE OF to j
:be hereunto affixed, at the Capitol, in the City'of Tallaha:See, ;
}J ion this .he i 11th day of 0 -off= A. D. 1,963.
'SrAL) ,
„Trustees I.I. Fund S'
Ccr ti +,der
Forney i
Dept.•of agriculture
As and Cruet;tutu
of the :stern:%I
• i' of CIC St-,t^ Vf FIO:lc'a .
.
r
•
1
1 i
t:= 50. V 497 (1?57-131
E19 W& M BY T1YLSs 1PM-r.TSt That the andersiyned.
the lrusteea of the Internal Isprove ant fund of the state of
Florida, under autbority of law. for amd is consideration of the
am of Two T'btousand 1lnree suadred tightylight and 07/100 Dollars,
(i2. M.07). to then is hand paid by SANTA CAFLOTY'A CORPORATION.
a Florida corporation, of tle County of Dade. State of Florida,
have granted, bargained and sold, and do by these presents grant.
bargain. sell and convey, unto the said. SANTA CARZ.O TA CJ"CNkT:OX
f A•../•n Mir.. V�'.' i1 ,y,. ♦�...[
a Florida corporation, and its successeri ana assigns, the follow-,
ing described lands, to -wit&
A tract of submerged land in Biscayne May lying South-
easterly of Lot 47. &lock •91 of MARY AND WILLIAM
BRICKELL SUBDIVISION, in Section 40, Township 54 South.
Range 41 East, as recorded in Plat eook.'B•, Page 96.
Public Records of Dade County. Florida. more partieu-
laxly described as follows.
Cossoence at the NM corner of said section 40: thence
North 66' 12' 14• East, along the North isne of the
acid Section 40 for a distance of 4,733.70 feet to
the intersection thereof with the Southeasterly richt
of way line of Brickell Avenue as s*own or. the Flat of
Flagler, Plat Book 5 at Pace 44 of the Public Records
of Dade County, Florida; t),rrtce North W 50' 14" East.
along the Southeasterly rrant of way line of r:ickell
Avenue as shown on the said Fiat of Flacler and alenq
the said right of way line of Br:ckell Avenue and along
the scrthaesterly line of Elock '9' ar shoes•-: cr, the plat
of Miry and W-lia■ Bricke:l E-:,::-v:r..0n, r:at BOOK B`
at Pace 56 0`. the Public Rccerc�k of :a e Cccc-.t•.•, Flori::a,
for a distance of 2,040.9? .'Pet to _`c rcr. tcrly
cerner e: Lct 47. hock 'P' c7
I:r:ckcli Sct•..'.:sion• t``r _ .- ..-: : � C'. Y -.: .._ .
a/or hr tbe vrs;erl} c: rz: _
-,eV.. terrect:cr,
of I
-ca:d
ic; c:l}'
t`. d
lc . tc:. of
63�.-16� S66
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gp-334
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the Soat,hearterly boa,,,.', y of said Lot 4` fer a t:r:arcs I of Mi feat -�: V Cr 1: •T, to the intersect'.0n thrc' o! I
with U'r r— +trtt: tend. of &aid Let 47; t;'nce
South 37 CS' 4t' along the proloncat.or South- t
easterly of the Socth,-.rterl}• boundary of seed Lot 47
for a Csstance of 2.19 feet, mere or less, to the Point
Of Mgirwinq. Coatainiaq 0.47 acres, more or less.
S
TO RAVE AM TO BOLD the above granted and described
1 prmisee forever. 1
J 6AVIM AIM RLSCRVIM unto the said Trusths of the
!Internal IsprovenKnt Fund of the State of Florida, and their
,successors, title to an undivided three -fourths of all p`horihate,
minerals and metals, and title to an undivided one-half of all
{petroleum that may be an, on or under the above described land,
with the privilege to seine and develop the same.
IB TESTIPIM )+'HEREOF, the said Trustees have hereunto
Ysubscribed their names and affixed their seal and have caused the
oeal of THE DEPARTKEIVT OF AGP..:=LIME OF THE STATE OF FLIDRIDA to
be hereunto affixed, at the Capitol, in the City of Tallahassee,
ion this the llth day of October A. D. 1963.
•'; w % ♦rn6s
(SGL) :.
'j'rruatee' C* 1. PWId --� (SEAL)
CaBt or I t .•
1,�•; .....•:•�.. (SEAL)
1, ..
(SEAL)
t Attorney Genera
(SEAS:)) • I
!Dept,.0 04 Agriculture eg� (SEAL)
CamWIssicemr of Aar cu t- Lure
r •
As and Constituting the Trustees
of the Internal Improveuent Fund
' of the State of Florida.
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.
80.334
80-385
i
Filed Octuuvr 17 r.19u j `
i . �.. Under C1er:;' :'ile '
} TRUSTEES OF THE INTERtL1:. Z!lFRO:L!+ tiT FUND.-.
or THE STATE OF. FLORID+1
DEED N0 23496 (1357-,22) r
KNOW ,ALL MEN BY THESS PRESENTS: That/ the undersigned,' �
the' iustees of t�',e Internal Improvement Fund
!of''the State of
..:... ,
Florida,.under authority of law, for and in consideration of the
sum of Nine Thousand Nine Hundred Fifty-eig')t and .76/100.Do, laze,
(s9,958.76), to them in hand paid by M•A!',I CARZBE ZNVEST,w!;TS, I •
i INC., of the.County of Dade, State of alorida, have "granted,
j I
f bargained and sold, and do by these presents grant, -,bargain, sell,
t it and./nvey, unto the said. Y4A!SI CARI�F. IN '&STH�":S, ;t:C. ,. and ,tts !
W,404 to -It of,
1successors and assigns, the following described lands,.to-wit:
Two tracts of.eubmerged land'.in Biscayne $ay lying'
Southeasterly of Lots 46, 48; 49 b 50, Block "B"
of NARY AND WILLIAM BRICKELL SUBDIVISION, in Section
p. 40, Township 54 South, Range 41 East, as recorded in
I Plat Book "B', Page 96, Public Records of Dade County,
Florida, more particularly described as follows;
Commence at the the NW corner �of said Section 40, - �-
E ithence North 88' 12' 14" East, along the North line r ~
�i of ti:e said. Section '40, 'for a distance of 4, a33.70
+, feet 'to the intersection thereof with the South-
n easterly_right.of_way line--of-brickell Avenue ae shown 1
-"' on the plat of Flagler, Plat Book 5.at Page 44.of the
Public.Records of Dade County, Florida; thence North i
1 52'..50' 14" East, along the Southeasterly right of way
i line of Brickell Avenue as shown on the said plat of
l ,•. �Flagler and along the said right of way line of Brickell'
Avenue and along the Northwesterly line of Block "L' as i
t 1, shown on the plat. of Nary and William Brickell SLbdi- ;
vision,. Plat 'Book "B" at Page 96 of the Public.Records
+ Of Dade County, Florida, for a distance of 2,540.99 �
' '-feet to the most westerly corner of l,ot 50, 9lock "B'
-of the said Pary and William Brickell :ul>divisiun;'
thence South 37° 09' 46' East, alone the Southwesterly !
r boundary of said Lot 50 and its proloncation South-
easterly for a distance of 683.78 feet to the inter- )
section thereof with the Dade Count;; Bulkhead line as
recorded in Plat Book 74 at Pace 3 of the Public Records '
{ of Dade Count , Florida and th, Paint of Beginning of t�
T ttract of sub mezced and herein described; thence No.-,..
Sri '
• .r' . ` '�� -►54: Ft' Enet t)^^c t'tc said bulkhead line, for a •,
distance of 300.696 ;eet't-o the intersection thereof
with the prolongation Southeasterly or the l:ortThnn,,tetly
' bouneary line of Lot 48 of tho said Block "B": th..t,re
North 37' 09' '46" West, along. the' prolongation sout.r-
easterly df.the Northeasterly boundary of -said Lot 43•
for a distance 'of 208 feet, more or less, to the high \
water. line of Biaca -ne' Ba •; thonce Southwesterly. ►pan'
ing the high water line of Biscayne rs y and along the
3 , Southeasterly bounJer 40
q distance ofyvi Lot• , 49 and 50 of %Aid rirt
1 i .B. LOR 3?t fftt, -,rre or.
of
Lott50r' thenwf with the ,ru:'-",L6'i•tf along the prole
3 ce South 17 C9' 46' , ► •
Lion Southeaster) of t`,e .,cutf�•esterly ,mndary o• sa•t�
Lot 50 for a distance of 2J7 feet, -ore or less, to t?:•�
i I' Point of Beginning. Contair•ing 1.49 acres. =ore or .'�s.
,
. .,..,rc, ,. .. ..^... :,wr•.rn.i.•. �.....,w�..:.:�St.�•�.t�w?t7L'C• 1s•�
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Cor_+ence at the corner of said Section 4C: thence
ti4 f
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Uoeth U8' 12 " 1:' E:,s:, along t! n North line of said
tt i
4 :
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sec:lon.JO; :or a fcc: to thncc e4:s:
riche of way
�. •�
lnteroec.•or. .`,ereof with the Southeasterly
tt,e of Flagler, i
• line o' Lric<c11 Avenue as fho�^ on pia:
:
J
,' • , is Records of Dace t
Plat Dock 5 At : a•^,e 44 of the Public
'along
r
' • County, Florida thence North 5.°50, 14" East, the
1
'— Southcaetcrl S-q'it cf way lin^ of Br.ckell Avenue as
�'! h shown on t',^ raid plat of Flacler and slona the tail rir,`,t
of way linc'of P:ackel: Avenue and alony the l:orthwrsterly
'r;illx•-IM
line of Dlock 'B• as Shots-, or, the plat: of Nary and
' •;
)'
Dr:ckell Subdlvis:en, Flat IICok "D" at Pace 9E of the
t
j• Public records of Dade County, Florida for a distance of
' 2.94D.11 feet to the most Weryer.y corner Cf Lot 46, Block ,•
�
i;•.
'D' of the said Ivry and William Bric.cll Subdivir.ion;- 1
f
;,
.• thence South 37' 09' 46" East, along the Southwesterly
i4 f
y
boundary of the said Lot 46 and its proloncation South-
i,
!
easterly for a distance•of 710.90 feet to the intersection !
}
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' ` thereof with the fade County Bulkhsad line as recorded in
�•
Plat Book74 at Page 3 of the-rublic Records of .Dade County,
g
' Florida and the Point of Becincing o_f*the tract of eub-
�,
merged lands herein described; t:nence North 569 54' 11' �
» "`�"'•' East, alone the said bulkhead line, for a distance of
` 1CO.232 feet to the intersection thereof with the prolonga- I
it,
tion Southeasterly of the Northeasterly boundary of said
s '
Lot 46; thence North 37 09' 46",weet, along the prolonca-
{:.
Lion Southeasterly of the Northeasterly boundary of said j
c�
s •
�i• p'� Lot 46, for a eliatar,ce•'of 203'feet, more or less, to the
s
t F;
high water line of Biscayne Say; thence Southwesterly,
t.
meandering the high water line of Biscayne Bay and along
the Southeasterly boundary of said Lot 46 for;a distance' ;•
r
of 100 feet, more or -less, to the intersection thereof }
:
rs
with the Southwesterly boundary of said Lot 46r thence ---f
South 37' 09' 46" EasC,'along the prolongation South eaetezly•jl
of the Southwesterly•boundary of said Lot 46 for a distance
ti
t
of 208 feet, more or less• to the Point of.Beginning.
Containing .0.47,acres, more or less, f
3
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Both parcels 'containing •a total' of 1.96 acres, 'more or less.
'granted
TO 2iAV/ AND TO FioLZI the above and described
1premises
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.' forever:
.
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., �'��
' '" " SAVING AIM RESERVING unto the. said Trustees of the
:Inteznel Lmprovement Fund the State
of of Florida art ••
d their
isucceeeoxa;.title
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to an undivided three -fourths of.all phosphate,
'
'minerals and metals, and title to an undivided ore -half of all
+-"^---=,petTOleum that may be in, on or under the above described land, }
with the privilege to mine and develop the -same.
�'
.� •-�-
IN TESTIKON-Y.h`YrREOr the said Trustees have he recnto i
tsubscribed their names and affixed -their seal and have cauccd thv
��•
seal of THE DEPAR^ WN: OF AGRICL'LTL'P.E OF T?:E _ .P.TE OF FLO.^.
•J
i'�e hereunto aff xed, at the Ca in the t wl.., •o
Capitol, Ci }•'o. Tally arr eer
t
j
- on this .the llth day.of 0 -ox r A. D. '9E3 i
(SF,AL) c ==isor i
}t
,Trustees I.S. Fund AL
�.-'_tL:�,L)•.
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i 7SCAL)
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i ••,Dept.•of Agriculture
,Q _
Cor-r.eszC:,er o:-
+ As and
^
: ' , �' • Of t-.e .e, t--t^of Fiorie�.
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