HomeMy WebLinkAboutR-09-0317Vop City of Miami
Legislation
< U R �O
Resolution: R-09-0317
File Number: 07-00391cm
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/25/2009
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 21 ST 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 Miand Page 1 of 2 File Id: 0 7-00391cm (Version: 2) Printed On: 6/23/2017
File Number: 07-00391 cm
Enactment Number: R-09-0317
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 }
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 File Id. 0 7-00391cm (Version: 2) Printed On: 6/23/2017