The URL can be used to link to this page

Home My WebLink AboutR-78-0080}4 A:bk 12/1/77 RESOLUTION NO. � A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE N0, 6811, ARTICLE VI, SECTION 1(4-A)(a), TO PERMIT CONSTRUC- TION OF A DEVELOPMENT OF A PLANNED UNIT NATURE (PUN) ON LOTS 24, 25, 26 = ALL LESS S70' AND LESS E10' OF LOT 26, BLOCK 14, GRAPELAND REVISED (3-196), BEING 1684 S.W, 24TH AVENUE, AS PER PLANS ON FILE, CONSISTING OF 3 ONE-STORY DWELLING UNITS IN 2 STRUCTURES; ZONED R-2 (TWO FAMILY). WHEREAS, Article XXXII of the Comprehensive Zoning Ordinance No. 6871 permits an extension of a Conditional Use by the City Manager with approval by the City Commission, for a one-year period; and WHEREAS, the City Manager recommends a one-year extension of the Conditional Use granted by Zoning Board Resolution No. ZB 117-77; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a one-year extension of the Conditional Use as listed in Ordinance No. 6871, Article VI, Section 1(4-A)(a), to permit construction of a Development of a Planned Unit Nature (PUN) on Lots 24, 25, 26 - all less S70' and less E10' of Lot 26, Block 14, Grapeland Revised (3-196), being 1684 S.W. 24th Avenue, as per plans on file, consisting of 3 one- story dwelling units in 2 structures; zoned R-2 (Two Family), granted by Zoning Board Resolution No. ZB 117-77, be and the same is hereby granted. PASSED AND ADOPTED this 24th day of January 1977. Maurice A. Ferre ATTEST: CI CLERK PREPARED AND APPROVED BY: e MAYOR "DOCUMENT INDEX ITEM NO,_' MICHEL -E. ANDEASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS CEORG;i F, KNOX, Y ATTORNEY „Rmepil P. i t. I y t4A no r Robert A pupil r t If i P1 anti int! ; (1t1 liott 14 •'`.;1.;!, ; tgi .1 verithe t 2, 1 77 (iitApu AND ItEVIsED ( 3-196) oci. 14, Portions o C .1i"(1 2E3 ARTICLE 'XXXII el tile Costij.yt,lit ns,ivt! 11oni ( nAnce NO. 6871 that. Any Curt, it 11,i1 k :KO aiontini A ft er the tftTttjVe o n1i t. tin). i1,1i '19 Permit or i Cert i ionic tit' (Lie ,1 nptint1e ndi 1 tor11 . 'rile Ord iitAnce I'urther Ci ly w,i r 1.11,', ift.r review rind tieltu--- mi fl L i ti th, iid: LA I !,1 11C11, 11t:1:11 (IC11 i v1 by the inTlicont i n urn” of project. n1;iwiiit, extend tie t In "Lite Ot the Conditi onA 1 1.;:ie Cor n n'Ittit. ion 11 per 1",‘1 of t mt. net to f...txcced env yeAr , to ApprovA1. i the e i Ly i . r merit th1:" nu oniota to t lie tlUdIlt i.tii C)1 the xLiOn t. 1. i ttit for Li' i CI incl i.t inn, 1 13::.; t," A.;i1,' ore rut in the City i'Ltel.rney' ,t7f by copy of thL, memo, (.t) propo i(u; 'Alit in leo- 1,aW I k, 1 Tit. 1)1 !.1" tXt4:11t... •I't.Alt t lye City Cetto"Ii",:i ion tit.t: y 1 LIR() (.:t) NT PA(' I CT I Nt: f“, • co.) t .•ot A .• t t... ,•, ;.4,voto1)l!r i I v ot '1 i .1:11 ,1 11.I tv OF NNIMI r, a iAPiI r 77 NOV 21 P3 15 t • •41 Id I. ttlkkt, ' ,t ; t;top.i it i :,o I tu I Li- , il I I , 1977 uhoyo On 1.1111I.W. 11, 1975 uutoss you hiudl (.-.tou0,..1 lot Iu.' ye:of aft -or thc dato. I ,Irt k II L:3 t i Vatttil; t lit' htli1(10 1 1 lii no-•.1 tdSLlt1. 11,,,t1(1 • , 1 lit. CRit •P..1;6!t9 Vt,ttt V94'y t rt;ly 1. / I '•••••.' io I.Tvsidunt Honorable Maurice A. Ferret Mayor and Commissioners: Manolo Reboso J. L. Plummet Rose Gordon Theodore Gibson From: John R. Massey Re: The Official Vacation and Closure of that portion of N.W. 17th Court lying between northwesterly production of the southwesterly boundry of Lot 66 of LAWRENCE PARK MD (7-140) and the westerly right-of-way line of N.W. 17th Avenue; all in conjunction with Tentative Plat #1003-A "BETTY'S ISLAND". I do not feel that granting of the above closure would be consistent with the highest and best use of the existing property. I would like to suggest that you have your staff investigate the feasibility and cost of the following alternative: The City of Miami (you, me and hundreds of thousands of others) now owns that portion of N.W. 17 Court that the petition wants to close off. I would like to recommend that the City of Miami purchase hot 66, and that portion of Lot 67 that is bounded by Lot 66 on the North and N.W. So. River Drive on the South, and keep it cleared of underbrush. This would provide another park area and would also: 1. Provide safer egress and ingress to N.W. 17 Avenue. The junction of eastbound N.W. South River Drive at 17th Avenue is one of the most dangerous intersections in Miami. This is caused, primarily, by fast moving vehicles traveling south over the 17th Avenue bridge and making adjustments to either go west on 836 or N.W. South River Drive, or to continue south on N.W. 17th Avenue. 2. Provide a safer place for people to walk --- they could walk along 17th Court or through the open park area instead of along busy N.W. 17th Avenue. Honorable Maurice A. Terre, Mayor and Coimissioners : Maholo Reboso J. L. Plummer Rose Gordon Theodore Gibson Prom: John R. Massey Re: The Official. Vac, tion and Closure of that portion of N.W. 17th Courtlying between northwesterly production of the southwesterly boundry of Lot 66 of LAWRENCF PARK A i1) (7-340) and the westerly right-of-way line of. N.W. 17th Avenue; all in conjunction with Tentative. Plat 41003-A "BETTY'S ISLAND". I do not feel that granting of the above closure would be consistent with the highest and best use of the existing property. I would like to suggest that you have your staff investigate the feasibility and cost of the following alternative: The City of Miami (you, me and hundreds of thousands of others) now owns that portion of N.W. 3.7 Court that the petition wants to close off. I would like to recommend that the City of. Miami purchase Lot 66, and that portion of Lot 67 that is bounded by Lot 66 on the North and N.W. So. River Drive on the South, and keep it cleared of underbrush. This would provide another park area and would also: 1. Provide safer egress and ingress to N.W. 17 Avenue. The junction of eastbound N.W. South River Drive at 17th Avenue is one of the most dangerous intersections in Miami. This is caused, primarily, by fast moving vehicles traveling south over the 17th Avenue bridge and making adjustments to either go west on 836 or N.W. South River Drive, or to continue south on N.W. 17th Avenue. 2. Provide a safer place for people to walk --- they could walk along 17th Court or through the open park area instead of along busy N.W. 17th Avenue. 1 Maintain another much needed open air area for Miami, 4, Enhande the beauty of one of Miami's streets, We ate now spending millions of dollars along S,W, 8th Street acid Flagler Street to achieve the same objective, This lot already has beautiful trees, tt just needs the undergrowth kept under control, t am concerned that if the above closure is approved it will make the Tentative Plat 01003-A "Betty's Island" suitable for some use other than the present R-1, single family, zoning. This would be damaging to the neighborhood and in direct conflict with my rights as a property owner in the neighborhood. I would hope that you would take this into consideration before acting on Mr. Blake's application. If the Commission should elect to abandon the street right of way I would protest any future change in zoning or a variance from the existing zoning. JoV1 R. ,Massey 1810 N.W. South River Drive Miami, Floridat January 24, 1978 RESTRICTIVE. .COVEANT pUN LING tIITff THE LAND THIS AGREEMENT made and entered into this ; c - - day of t�`-' ::. �,� � 197,14 by and between Southeast properties Inc, a Floricla Corporation, hereinafter referred to as party of the first part and the City of Miami, hereinafter referred to as party of the second part: WHEREAS Lilo party of the first part is the owner of! LEGAL DESCRIP1ION The N-1,/2 of LOTS 12 and 13Iy5ng `_.-uth,rrly of !youth nixieHi hway• all of 10 IS 14, 15, 16 and LC.)1S 1 / cant 18, Less 50 loot Right -Of -Way of Muth Dixie 11inh.Nay, BLOCK "E", l3ISCAYNL PARK TERRACE, Plat Book 2, at Poge 35, of the Public Records of Dude County, Florida, Less the following described parcel: .t . All that pertof LOT 18, BLOCK "E"of BISCAYNE PARK TERRACE, a subdivi- %ion in the SE-1/4of Section 15, Township54 South, Range 41 Eost, accord- ing to the Plat thereof, recorded in Plot P ok 2, at Page 36, of the Public Records of Dade County, Florida, more particularly described as follows: Beni at the Southwest corner of LOT 18 in BLOCK "E"of BISCAYNE (PARK TERRACE,run North along the West line of LOT 18, ()distance of 137.25 'feet to the point of intersection with the SoutheasterlyRight-Of-Wayline of Stole RocKi No . 5; thence run Northeasterly along said Southeasterly Right- OF-Wcy line of State Pouf No. 5, odi stance of 42 .65 feet; thence deflecting to the right 15 01', run 26.62 feet to the point of intersection with aline r which is20.00feet East of, asmeasured atright angles, and parallel to the . r West line of LOT 18; thence run South parallel to said West line of LOT 18 for o distance of 134.30 feet to the South line of LOT 18; thence run West along said South line adist; rice of ?0.00 feet to the Point of Beginning. AND The Nor th liolf of LOT 11, BLOCK "E"oF BISCAYNE PARK TERRACE, accord- ing to the Plot thereof, recorded in Plot Rook 2, at Noe 36, of the Public Recordsof Dcx.'e County, Florida; ALSO P-ginning at the Northwest Corner of LOT 11 in BLOCK "E"of BISCAYNE PARK TERRACE, os shown by Plat.recorded in Plot Book 2, at Page 36,of the Public Records of Drde County, Florida; from sold pointof beginning, run North along the West line of said point of beginning , run North along the West line of said LOT 11 projected to the Right -Of- Way of the South Federal Highway, thence run Northeasterly along the Right -Of -Way of said LOT 11 • projected Northward intersects the said South Federol Highway, thence South to the Northeast corner of sot d LOT 11, thenceWest along the North Boundary of said LOT 11 of BLOCK E of BISCAYNE PARK TERRACE to the Pointer Beginning. 1 WHEREAS the party of the first part has filed applications with the party of the second part, requesting change of zoning classification from the existing R-1 to RCA. NOW THEREFORE the party of the first part does hereby place the following restrictive covenants running with the land upon the aforementioned real property; i . RESTRICTIVE.. CO'v E NAUUT Ru:;t•IIt3G WITFU, THE LtsNb THIS AOR EMENT made and entered into this ', el`-` day of �tav S-z `,/ r 197,14 by and 'bettr;een Southeast Properties Inc,, a Florida Corporation, hereinafter referred to as patty of the first part and the City of Miami, hereinafter referred to as party of the second part: t•;iifREAS the party of the first part is the owner of: LEGAL ULSCRIPIION The N-1/2 of LOTS 12 and 13—ly_ing `nutherly of `mouth Dixietii hwcry • all of 1.0 TS 14, 15, 16 and 1U (S 1 / and 18, Less 50 loot RightOf-VC/0y 0( South Dixie!firth.'oy, BLOC "E", BISCAYNL PARK. TERRACE, Plat Book 2, at Page 36, of the Public Records of Dude County, Florida, Less the following described parcel: .I . All that parlor LOT 18, BLOCK "E"of BISCAYNE PARK TERRACE, a subdivi- sion in the SE-1/4 of crsction 15, Township 54 South, Range 41 East, accord- ing to the Plat thereof, recorded in f lot Book 2, of Page 36, of the Public Records of Dode County, Florida, more par ticulurlydescribed cis follows: Reninnir.;at the Southwest corner of LOT 18 in BLOCK "E"of BISCAYNE (PARK TERRACE , run North along the West line of LOT 18, odistance of 137.25 feet to the point of intersection with the S.sutheosterlyRicght-Of-Way line of State Rood No . 5; thence run Northr,nsterly along said Southeasterly Right- Of-Wcy line of Stnte Rou.i No. 5, orlistcmcc of 42.65 feet; thence deflecting to the right 15c7`3 01', run 26.62 feet to the point of intersection with a line which is 20.00 feet East of, as measured at right anflles, and parallel to the Wrist line of LO T 18; thence run South parallel to said West line of LO T 18 for o distance of 134.30 feet to the South line of LO T 18; thence run .rest along said South line adist.-mceof20.00feet tothe Point ofBeginning . AND • Tile Nor tb!tall of LOT 1 I, BLOCK "E"of BISCAYNE PARK TERRACE, accord- ing to the Plat thereof, recorded in Plot P,00k 2, otPq3e 36, of the Public Recordsof Docie County, Florida; ALSO ginning at the Northwest Corner of LOT 11 in BLOCK "E"of BISCAYNE PARK TERRACE, as shown by Plat,recorded in Plot Book 2, at Page 36,of the Public Records of Dc;deCounty, Florida; from soidpointof beginning, run North along the West line oFsaid point of beginning , run North along the West line of said LOT 11 projected to the Right-0E- Way of the South Federol Highway, thence run Northeasterly along the Right -Of -Way oFsaid LOT 11 projected Northward intersects the sold South Federal Highway, thence South to the Northeast corner ofsa d LOT 11, thence West along the North Boundary of said LOT 11 of BLOC K "E" of BISCAYNE PARK TERRACE to the Pointof Pr:ginning. ,r WHEREAS the party of the first part has filed applications with the party of the second part, requesting change of zoning classification from the existing R-1 to RCA. NOW THEREFORE the party of the first part does hereby place the following restrictive covenants running with the land upon the aforementioned real property; •� • 1. That in the event the party of the second part approves the party of the first patt's application for rezoning as set oUt a al:ove, the party of the first''tiart agrees as follows: a. That an eight feet concrete wall will be erected on the five feet inside the property line that abuts to Secoffee Avenue on the eastside and to S. W. 22 \venue on the southside of the property. b. That the Developer will preserve and enhance the natural beauty of the subject property by pre- serving as many of the existing trees as possible and by substituting those that have to be removed. Furthermore, the Developer will provide at his own expense an appropriate sidewalk along South Dixie Highway for public use. 2. This restriction shall be binding upon the party of the first part, its successors in interest, heirs or assigns and upon any person or persons operating a business on the aforementioned real property, whether by virtue of ownership of said real property or by lease agreement or by'any other agreement. 3. This covenant shall run with the land and is binding on the above mentioned parties, their successors, heirs and assigns. 4. This instrument shall be recorded in the Public Records of Dade County, Florida. Signed, sealed and delivered in the presence of: ti1t7Tffi4/1- SOUTHEAST PROPERTIES, INC. 1iO13EIZT F :-13UL5TLU SENIOR VICE PRESIDENT SOUTHEAST PROPERTIES, INC. • STATE OF FLORIDA SS COUNTY ' OF DADE • BEFORE :.1E this day personally appeared Robert F. Bolster, Sr_n.in.r—Vise Presiapqt of SOUTHEAST PROPERTIES INC., and he acknowledged to and before me that he executed the foregoing for the purposes therein expressed and on behalf of SOUTHEAST PROPERTIES INC. WITNESS my hand and seal this -i l day of ,,,I/ -.Li , 1978. My commission expires: NOTARY Pill ST. TT Of FLORIDA AT LARGi MY CO'.J.-,ISSION EXPIRES S[P1 . 6 1981 WONDED iHKU GLULRAL INS . UNDERWRITERS i, ,1t_.l_. r... ( '2 ij/c1)42t. ,.,i •; e. NOTARY PUBLIC, STAT' OF FLO•RIDA AT LARGE