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Home My WebLink AboutO-09009ORDINANCE NO. 9 0 0 9 AN ORDINANCE AMENDING ORDINANCE NO. 6871 THE COMPREHESIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 4 AND 5, BLOCK 1, ALLAMANDA GARDENS (6-72), LESS THE WEST 100' AND LESS THE NORTH 1 FOOT THERE- OF, BEING THE CORNER OF VIRGINIA AND OAK STREETS, FROM R-2 (TWO FAMILY) TO C-2A (SPECIAL COMMUNITY COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF: BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the Miami Zoning Board at its meeting of April 16, 1979, Item No. 11, following an advertised hearing, adopted Resolution No. ZB 91-79 by a 7 to 0 vote recommending denial of change of zoning classification as hereinafter set forth; and WHEREAS, the City Commission notwithstanding the recommendation of denial by the Miami Zoning Board, and after careful consideration and due deliberation of this matter, deems it advisable and in the best interest of the City of Miami and its inhabitants to amend said Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami be, and the same is hereby amended by changing the zoning classification of Lots 4 and 5, Block 1, ALLAMANDA GARDENS (6-72), less the west 100' and less the north 1 foot thereof, being the corner of Virginia and Oak Streets, from R-2 (Two Family) to C-2A (Special Community CommQrcial) and by making the necessary changes in the Zoning District Map made a part of said Ordinance No. 6871 by reference and description in Article III, Section 2 thereof. Section 2. That all laws or parts of laws in conflict herewith be, and the same are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 2 3 rd day of JVLY , 1979. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 17th day of October , 1979. Maurice A. Ferre MAYOR ATTE • CITY LERK (32/27c.f) PREPARED AND APPROVED BY: 44/VtAyi , PIACI TERRY V. PERCY ASSISTANT CITY ATTORNE APPROVED AS TO FORM AND CORRECTNESS: GEORG F. KNOX, JR. CITY TORNEY -2- 9009 CITY OF `1Mi PLAN HNG &• 1nNING ..lonN M. MACDANIEL APr'!"1- v.• ,• ATTORNEY AT LAW R MIME (305) 3s39.Od00 7s3 PLAZA - SUITE 301 75 SOUTHWEST EIGHTH STREET MiAMt, F•L ID��32� f�f'� September 27, 1979 The Honorable Maurice Ferre c/o City of Miami Commissioners 3500 Pan American Dr. Coconut Grove, Florida 33133 Re: Rezoning of Corner of Virginia St and Oak Av Lot 4 & 5, Block 1, Allamanda Gardens, 6-72 Dear Mayor Ferre: Due to my inability to attend the September 27, 1979, meeting of the Commission, reference the above captioned, which is on the agenda, item #3, I would appreciate the attached letter being read into the record, as presiding Commissioner. I believe the attached letter is self explanatory, and I would appreciate the original letter being filed with the Clerk. V9ry tr 1 yo rs, JMM/spr John M. MacDaniil, Esq. JOHN M. MAcDANIEL ATTORNEY AT LAW 75 PLAZA - SUITE 30t 75 SOUTHWEST EIGHTH STREET MIAMI. FLORIDA 33/30 PHONE t30S) 35S-0800 September 27, 1979 The Miami City} Commissioners 3500 Pan American Drrive Coconut Grove, Florida 33130 Re: Rezoning of Virginia St and Oak Ave. Lot 4 & 5, Block 1, Allamanda Gardens, 6-72 Dear Honorable Commissioners: Reference the above captioned, I would like this letter to serve as a statement of position by Lemontree Village Condominium Association in reference to the propose change of zoning for the above described lot. It is my understanding that Charles Gottlieb, the applicant for the change of zoning, has submitted to the City Attorney's office a Declaration of Restrictions, and in addition, has delivered a copy to my law office. As the Commission will recall, Lemontree Village Condominium Association, Inc., strenuously objected to any change of zoning from R-2 to C2A, even with the proposed Deed restrictions which Mr. Gottlieb now offers in writing and offers to record of record, prior to any zoning ordinance being passed. Our, condominium association is handicapped in stating any position for the record in that the Declaration of Restrictions was just delivered to us yesterday. However, we must at this time state for the record that we do not approve, or acquiesce in, a change of zoning to C2A based upon all of the arguments which have previously been made to the Commission. Fundamentally, any enforcement of this Declaration of Restrictions would be the responsibility of surrounding property owners and therefore would become burdensome in the event of an attempted violation of the Declaration of Restrictions. If the Commission so desires to change the zoning, conditioned on the recordation of the Declaration of Restrictions, which 9009 r- • • • JOHN M. MAVIiANIEL ATTORNEY AT LAW i 75 PLAZA - SUITE 301 73 SOUTHWEST EIGHTH STREET MIAMI. FLORIDA 33130 PHONE (30Si ase-0S00 September 27, 1979 The Miami City Commissioners 3500 Pan American Drrive Coconut Grove, Florida 33130 Re: Rezoning of Virginia St and Oak Ave. Lot 4 & 5, Block 1, Allamanda Gardens, 6-72 Dear Honorable Commissioners: Reference the above captioned, I would like this letter to serve as a statement of position by Lemontree Village Condominium Association in reference to the propose change of zoning for the above described lot. It is my understanding that Charles Gottlieb, the applicant for the change of zoning, has submitted to the City Attorney's office a Declaration of Restrictions, and in addition, has delivered a copy to my law office. As the Commission will recall, Lemontree Village Condominium Association, Inc., strenuously objected to any change of zoning from R-2 to C2A, even with the proposed Deed restrictions which Mr. Gottlieb now offers in writing and offers to record of record, prior to any zoning ordinance being passed. Our condominium association is handicapped in stating any position for the record in that the Declaration of Restrictions was just delivered to us yesterday. However, we must at this time state for the record that we do not approve, or acquiesce in, a change of zoning to C2A based upon all of the arguments which have previously been made to the Commission. Fundamentally, any enforcement of this Declaration of Restrictions would be the responsibility of surrounding property owners and therefore would become burdensome in the event of an attempted violation of the Declaration of Restrictions. If the Commission so desires to change the zoning, conditioned on the recordation of the Declaration of Restrictions, which 90 09 • Page 2 Miami City Commissioners September 27, 1979 Mr. Gottlieb has submitted, at the minimium we would request the 300' benefit clause found on the first page, to be extended to 500' and in addition the Declaration should state that in the event of a violation that the property would revert back to an R2 status, if this is legally possible. In summary, we must state at this time, that we are opposed to change of zoning, we prefer not to be placed in the position of enforcing same, and that this letter is written with the authority of the Board of Directors of Lemontree Village Condominium Association, Inc. JMM/spr Very tryly yours, //� John M. MacDani‘l, Esq. %President, Lemontree Village Condominium Assoc. 90 09 MIAMI REVIEW AND DAILY R$CORIO 'ubibhed Daily except Saturday, Sunday Leget Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY ....OF...MIAMI Re: Ordinance No. 9009 in the XXXX Court, was published in said newspaper in the issues of October 24, 1979 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afflent further says that she has neither paid nor promised any person, firm or corporation any discount, rebat , commission or refund for jjjjffee purpose of securi,•jj. dvertisement for put)lice&ion in the said n Sworn• to fseibfe mp this 24 ..day;f 4. Q.b., .D Qa .9... Notary My Co LEGAL NOTICE Ali Interested will take notice that on the 1lfh day o*OttebeV, the City Commission of Miami, Florida basted and adosiltd4he foifoW- ing titled ordMance: ORDINANCE NO. 9009 AN ORDINANCE AMENDING ORDINANCE,1IO. }f �I, COMPREHENSIVE ZONING ORDINANCE FOR"tHE a.TY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 4 ANDS, BLOCK 1, ALLAMANDA GARDENS (6.72), LESS THE WEST 100' AND LESS THE NORTH 1 FOOT THEREOF, BEING THE CORNER OF VIRGINIA AND OAK STREETS, FROM R-2 (TWO FAMILY) TO C-2A (SPECIAL. COMMUNITY COMMERCIAL); AND BY MAKING, THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP • MADE A PART OF THE SAID ORDINANCE NO: 6171 BY REFERENCE AND DESCRIPTION IN ARTICLE IN, SEC- • TION 2 THEREOF: BY REPEALING ALL ORDtNANCES,1 CODE SECTIONS, OR PARTS THEREOF 1N CONFLICT: ,,. AND CONTAINING A SEVERARILITY PROVISION. RALPH G. ONGIE CiTY CLERK CITY OF MIAMI, FLORIDA.. Pi:olication of this Notice on the 24 day of October 1979. -- 10/24 M79-102439