HomeMy WebLinkAboutLegislation (Version 1)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00897cm1 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A SECOND MODIFICATION TO A DECLARATION OF
RESTRICTIVE COVENANT ("ZONING COVENANT") DATED NOVEMBER 16,
2004 AND RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGE 3035, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 AND 2295
SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST 23RD STREET,
AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA.
WHEREAS, the properties located at approximately 2255, 2263 and 2295 Southwest 37th
Avenue, 3685 and 3695 Southwest 23rd Street, and 3672 and 3688 Southwest 22nd Terrace, Miami,
Florida (collectively the "Property"), are subject to a Declaration of Restrictive Covenant ("Zoning
Covenant"), dated November 16, 2004, recorded in Official Records Book 22923, Page 3035, of the
Public Records of Miami -Dade County, Florida; and
WHEREAS, an Amendment to Declaration of Restrictions dated October 23, 2007 was
approved pursuant to Resolution No. 07-0655, adopted on November 9, 2007 for a Modification to a
Declaration of Restrictive Covenant, relative to a re -zoning classification of this Property from R-2
Two -Family Residential to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay
District, F.A.R. of 2.4; and
WHEREAS, the Property owners now voluntary proffer to the City Commission a Second
Amendment to the Covenant in order to replace the prior dated plans of April 27, 2007, prepared by
Behar Font & Partners to evidence a change in the project from an office building with ground floor
retail and nine (9) residential units to a hotel and a residential building with ground floor retail as
described in the architectural plans prepared by Behar Font & Partners dated October 31, 2008; and
WHEREAS, the Second Amendment to Declaration of Restrictions, attached and incorporated,
is subject to being approved as to legal form and correctness by the Office of the City Attorney; 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 the second
modification to the Zoning Covenant, in substantially the form attached, and therefore grants the
requested 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.
City of Miami Page 1 of 2 Printed On: 11/24/2008
File Number: 04-00897cm 1
Section 2. The Second Modification to the Zoning Covenant dated November 16, 2004 and
recorded in Official Records Book 22923, Page 3035, of the Public Records of Miami -Dade County,
Florida for the Property is approved in order to allow the modified plans prepared by Behar Font &
Partners, dated October 31, 2008.
Section 3. Except as expressly modified, all provisions of the 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:
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: 11/24/2008