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HomeMy WebLinkAboutCC Legislation (Version 2)File ?Number: 07-00391cm City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED JUNE 13, 2008 AND RECORDED IN OFFICIAL RECORDS BOOK 26430, PAGE 1115-1121, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, IN ORDER TO AMEND THE ZONING COVENANT TO INCLUDE THE PROPERTIES LOCATED AT APPROXIMATELY 1249 AND 1265 CORAL WAY AND CHANGE THE PREVIOUSLY APPROVED ARCHITECTURAL PLANS TIED TO THE COVENANT. WHEREAS, on April 24, 2008, relative to a requested re -zoning, the City Commission changed the zoning classification of the properties located at approximately 1252, 1262 and 1272 Southwest 21 st Terrace, Miami, Florida (the "Property"), legally described in attached "Exhibit A," from "R-1" Single -Family with an "SD -12" Buffer Overlay District to "C-1" Restricted Commercial; and WHEREAS, the Property is subject to a Declaration of Restrictive Covenant ("Zoning Covenant"), dated June 13, 2008, recorded in Official Records Book 26430, Page 1115-1121, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the property owners voluntary proffered to the City Commission a Zoning Covenant, dated April 22, 2008, and the Zoning Covenant limited the property to be developed in accordance with plans prepared by Eddie Frances, AIA, dated November 20, 2007; and WHEREAS, at this time, the property owners wish to amend the Zoning Covenant for the Property in order to include the properties located at approximately 1249 and 1265 Coral Way, Miami, Florida, and allow the modified plans prepared by Eddie Frances, dated February 9, 2009, in attached "Exhibit B"; and WHEREAS, the City Commission after careful consideration of this matter, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to approve said modification; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The modification to the Zoning Covenant dated June 13, 2008, recorded in Official Records Book 26430, Page 1115-1121, to amend the Zoning Covenant for the Property is granted in City of Mianu Page I of 2 Printed On: 6/8/2009 City of Miami Legislation Resolution File ?Number: 07-00391cm City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED JUNE 13, 2008 AND RECORDED IN OFFICIAL RECORDS BOOK 26430, PAGE 1115-1121, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, IN ORDER TO AMEND THE ZONING COVENANT TO INCLUDE THE PROPERTIES LOCATED AT APPROXIMATELY 1249 AND 1265 CORAL WAY AND CHANGE THE PREVIOUSLY APPROVED ARCHITECTURAL PLANS TIED TO THE COVENANT. WHEREAS, on April 24, 2008, relative to a requested re -zoning, the City Commission changed the zoning classification of the properties located at approximately 1252, 1262 and 1272 Southwest 21 st Terrace, Miami, Florida (the "Property"), legally described in attached "Exhibit A," from "R-1" Single -Family with an "SD -12" Buffer Overlay District to "C-1" Restricted Commercial; and WHEREAS, the Property is subject to a Declaration of Restrictive Covenant ("Zoning Covenant"), dated June 13, 2008, recorded in Official Records Book 26430, Page 1115-1121, of the Public Records of Miami -Dade County, Florida; and WHEREAS, the property owners voluntary proffered to the City Commission a Zoning Covenant, dated April 22, 2008, and the Zoning Covenant limited the property to be developed in accordance with plans prepared by Eddie Frances, AIA, dated November 20, 2007; and WHEREAS, at this time, the property owners wish to amend the Zoning Covenant for the Property in order to include the properties located at approximately 1249 and 1265 Coral Way, Miami, Florida, and allow the modified plans prepared by Eddie Frances, dated February 9, 2009, in attached "Exhibit B"; and WHEREAS, the City Commission after careful consideration of this matter, finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to approve said modification; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The modification to the Zoning Covenant dated June 13, 2008, recorded in Official Records Book 26430, Page 1115-1121, to amend the Zoning Covenant for the Property is granted in City of Mianu Page I of 2 Printed On: 6/8/2009 File Number: 07-00391 cm order to include the properties located at approximately 1249 and 1265 Coral Way, Miami, Florida, and allow the modified plans prepared by Eddie Frances, dated February 9, 2009, in attached "Exhibit B". Section 3. Except as expressly modified, all provisions of the Zoning Covenant continue in operative force and effect. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS/ JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 6/8/2009