HomeMy WebLinkAboutO-08825M A bk
1/ b/78
ORDINANCE NO, , _EIA.: ZIL
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, HY CHANGING THE ZONING CLASSIFICATION
OF E86' OF LOT 1, BLOCR 14 MItAMAR 8R5 AND
(5=4) AND LOT 4, PUCK 2; MICR AND SULLIVAN
(4.,64), HEING 1720 N, Er BAYSHORE DRIVE, FROM
Cm1 (LOCAL COMMERCIAL) TO C-3 (CENTRAL
COMMERCIAL); An BY MAKING THE NECESSARY CHANCES
IN THE ZONING DISTRICT MAP MANE A PART OF THE
SAID ORDINANCE NO, 6871 BY REFERENCE ANt) DES-
CRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY
REPEALING ALL ORDINANCES, COD SECTIONS, OR
PARTS THEREOF IN CONFLICT; ANt) CONTAINING A
SEVERABILITY PROVISION,
WHEREAS, the Miami Zoning Board at its meeting of
January 23, 1978, Item No, 1, following an advertised hearing,
adopted Resolution No, ZB 19-78 by a 7 to 0 vote recommending
denial for a change of zoning classification as hereinafter set
forth; and
WHEREAS, notwithstanding the recommendation of the
Zoning Board, the City Commission, 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
grant the zoning change 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 E86' of Lot 1,
Block 14; MIRAMAR 3RD AMD (5-4) and Lot 4, Block 2; RICE AND
SULLIVAN (4-64), being 1720 N. E. Bayshore Drive, from C-1
(Local Commercial) to C-3 (Central 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 11I, 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herewith be, and the same are hereby repealed insofar as they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.
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1/10/78
Section 3. Should afty part or p16Visidfl 6f this
firdiftande be declared by d 66Urt of ectipetett jurisdiction to
be itvalid, the saThe shall tot affect the validity of the
ordinance as a whole.
PASSED ON FIRST READING EY TITLE ONLY this 19th day
MAY 1978,
PASSED AND ADOPTED ON stcon AND FINAL READING EY TITLE
ONLY this 22tid day of Juho 1978.
MAYOR
ATTEST:
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEE F.itc0X, JR.
CITY ATTO lEY
8825
MIAMI REVIEW
AND DAILY RBcoPb
P„bwitsri Daifv elrenl Sahrrday. Sunday and
Leto' Holidays
Miami Dade County Florida
STATE Or F1 ORlbti
COUNty Or inac.-
Arfn-e the unders.dned ,rrsonauy aG
milted Re(ky CaSl•r' `ih❑ cn oaththat She is the.
Direr ter ,a,t t n±:l.it Adt'ertrs,nrt ^.t the tit„ar•i Review and
bait% pricy*d a dad'. ,e cape Sat.rrdai Sunday ,and
n,1at HaitCiaos' ttr;ananer riut'lishrd at Miami in
Dade C-t,ety r1rr,^.a that the attached con-, of adver-
t,se^+rrt hein,t a Lela, Advertisement or Notice in the
••atMr cr
CITY or MIA14I
Re: Ordinance Nor 8825
in the XXXX
Court
pu':tv,hrd in said newspaper in the IsSVCS OF
June 27, 1978
Afiiant further says that the said Miami Review
and t)a,fy Record is a newsbaprr nuhlishrd at Miami in
said Dad County Florida and that the said nnwsnaper
has heretofore been r.ont,nuni.,sly published in said
Dade County Florida each day 'e*-rot Saturday Sun-
day ,and Legal Holidays`.and has been entered as
second class mail matter at the nest atf,ce in Miami. in
said Dane County Plnr,;ta frt a tie• c dot nee sear net t
protein, the first nutl,cat,on.:;f the attached COPY of
advertisement. and affiant further says that she haS
neither paid nor promised any person. firm or rornora-
tinn an. disCOont rebate, cor.'mission or refund for the
;;;irnr<e nt Srrirrin-) tt',s an,^n.ticemrn't;,r M,hfiratinr
r Pus Sa,d 'WA S;lanrr ll l l tl l l/1/I��"I
ii,4
S YCit r', tc.•and i,k�t ','' U t 'to_ a nti' this
• 1 ,jet . •
Jule } 7E
A t7 19.. ; .0
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tJatary P0%,ic Sta'tv„ol Florio t 1.are
MyCo , t Ce Phil I lit%% `,`
M � Commission r■ 1,rrS DcCt't41M 19 %�
1111
27th
Lon'
W
CITY OF MIAMI, DADE COUNTY, FLORIDA
LEGAL NOTICE
All Interested wilt take notice that on the 22nd day of June, 1978 the,
CityCommission of Miami, Florida passed and adopted the following II -
tie ordinance;
ORDINANCE NO. 8825
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF E86' OF LOT 1, BLOCK 14' MIRAMAR 3RD AMD (5.4)
AND LOT 4, BLOCK 1/4; RICE AND SULLIVAN (4-64), BEING
1720 N.E. BAYSHORE DRIVE, FROM C•1 (LOCAL
COMMERCIAL) TO C•3 (CENTRAL 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 OR-
DINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT; AND CONTAINING A SEVERABILITY PROVI-
SION.
RALPH G. ONGIE
CITY CLERK
Publication of this notice on the 27 day of June, 1978.
6/27 M 062736
..0N.WITH.M WO.
TH#I8 COVENANT, entered into this / 1
,,,.� :._4. day a
dune, 1878, by ADELAIDE R. ALLOCCA, residing at 1720 N. t.
hayshore Drive, Miami, Florida.
Wt'i'NEssETH
WF#ER A8, AbELAIbt K. ALLOCCA is the owner of the fee
simple title to the following described parcels of real property.
located in Dade County, Florida, to -wit:
TRACT "A"
and
The East 86 feet of Lot 1, in Block 14, of
MIRAMAR THIRD AMENDED, a subdivision, as
recorded in Plat Book 5, at Page 4, of the
Public Records of Dade County, Florida;
and
Lot 4, in Block 2, of RICE AND SULLIVAN,
a subdivision, as recorded in Plat Book 4,
at Page 64, of the Public Records of Dade
County, Florida.
TRACT "B"
A Portion of Lot 1, in Block 14, of THIRD
AMENDED PLAT OF MIRAMAR, MIAMI, FLORIDA.
COMMENCE at the Southwest corner of Lot 1,
Block 14 of the THIRD AMENDED PLAT OF MIRAMAR,
Plat Book 5 at Page 4 of the Public Records of.
Dade County, Florida; thence North 89,degrees
45 minutes 20 seconds East along the South line
of the said Lot 1, for a distance of 64.98 feet
to the Northwest corner of Lot 4, Block 3 of
RICE AND SULLIVAN SUBDIVISION, Plat Book 4 at
Page 64 of the Public Records of Dade County,
Florida, and the Point of Beginning of the
parcel of land herein described; thence continue,
North 89 degrees 45 minutes 20 seconds East
along the South line of the said Lot 1 and along
the North line of the said Lot 4, for a distance
of 65.02 feet; thence North 0 degrees 16 minutes
15 seconds East parallel to the West line of the
said Lot 1, for a distance of 69.521 feet to a
point on the, Northeasterly boundary of the said
Lot 1; thence North 51 degrees 19 minutes 33
seconds West along the Northeasterly boundary
of the said Lot 1, for a distance of 12.76 feet;
thence South 35 degrees 27 minutes 25 seconds
West for a distance of.95.478 feet to the Point
of Beginning. The above described parcel of land
contains 2868.25 square feet, more or less or
0.0659 acres, more or less.
$8 25
WM REAg, TRACT he, As herein desc i.}red, it presently
zoned for C-.1 use (Central Cornrtercial) and TRACT "A►► is presently
zoned for CA1 use (total Commercial)) under eMistinq
classification of the 2ohihq ordinances of the City of Miattii, bade
County, Florida; and
WHEREAS, the owner of TRACT "A" has requested the City
of Miami to change the zoning oh said tract from C-1 Modal
Commercial) to C-3 (Central Commercial) so that zoning on both
TRACT "A" and TRACT "8" will be uniform; and
WHEREAS, the C-3 zone permits commercial buildings of
unlimited floor ratio; and
WHEREAS, the owner believes that it would not be in
the best public interest to construct a commercial building of
unlimited floor area on said parcels of property: and
WHEREAS, the owner desires to restrict the use of said
tracts of property in the manner hereinafter set forth.
NOW, THEREFORE, the owner herein and hereby convenants
and agrees:
1. Construction and development upon TRACT "A" and
TRACT "B" shall be and is hereby restricted to a floor area ratio
of 5.0 for commercial use, as presently designated under applicable
comprehensive zoning ordinances and zoning regulations of the
City of Miami, or construction of approximately Seventy -One
Thousand Eight Hundred Twenty -Five (71,825).square feet of floor
•
area.
2. The foregoing restriction is intended and shall be
a covenant running with the land and binding upon the owner, her
heirs, legal representatives, successors and assigns,
3, The owner does hereby ac};nowledge that this
Covenant is made freely and voluntarily for the benefits of the
inhabitants of the City of Miami and may be enforced by such
authority as may be lawfully authorized to enforce zoning laws
and regulations of the City of Miami, Florida,
$8.25 •
4. 'rho provisions of this CoVehant shall be in full
force and effect fora period of fifty (5o) years from and after
the date of recording hereof and may be released, modified or
amended by the bisector of the City of Miami !mudding and 2on'inc,
bepartment, if he be so authorized, or as a result of public
hearing before applicable Planning and Zoning board and as the
result of a public hearing before the Miami City Commission, if
the required number of the City Commission should approve such
release, modification or amendment. Otherwise, the covenant
herein shall, at all times, remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has affixed her
hand and seal the day and year first above written, at Miami,
Dade County, Florida.
Signed, sealed and delivered
in the presence of
Zamodio
ADELAIDE K. ALLOCCA
STATE OF FLORIDA )
SS
COUNTY OF DADE
PERSONALL APPEARED before me, the undersigned
authority, an officer duly authorized to administer oaths,
ADELAIDE K. ALLOCCA, who, being to me well known and by me first
duly sworn, acknowledges that she has executed the above and
foregoing Covenant freely and voluntarily for the uses and
purposes set forth therein.
SU5SCRIAED AND SWORN TO before me this
day of June, 1978.
My Co m ip$ion gxpires;
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•
Notay Publlc, State f F1iz .da
at barge
ilL.t'uv PULI;47,5rrna t ito,;.tu 'I_'l
�y r immie4cq Fgr.,tre tlnv 9, 1117P
5'l•+Rt�c � •W7Wr1;a1) fire & Ca," r't ,
lr;srrurnent WAS Prepereci
13, # , #i# VNICKS ro.rit:Rtc.;$ t: r,prtct:s. Anctrcir
700 Or{O@
C9(41 C+ titu , flari 3 AM
8825
4
a
Ongte, cletk of the City
hereby ceriitat on Illegal dov or t41411)64,
A. 1). 19 ,.. A full, INC and correc y of the •tt,..vt
and fotecoiug. ordinance was poste the South 1),$,,t
of the Dade County Curt House at the place pro., idcd
for notices and publications by attaching said copy to
the place otovided ittlacert•t...
ttty !hand uh tfiitial seal or !,
.....A I9,„.
.LOCATION/LEGAL
OWNER
APPLICANT
ZONING
REQUEST
EXPLANATION
RECOMMENDATION
PLANNING
DEPARTMENT
ZONING BOARD
CITY COMMISSION
6
ZONING PACT 51-1EET
1 720 N. E. Bayshore Drive
E861 of Lot 1; Mock 14; 1VIIRAMAR 3rd AMID1 (5=4)
AND
Lot 4; Block 2; RICE AND SULLIVAN (4=64)
Adelaide K. Allocca
1720 N. E. Bayshore Drive
B. E. Hendricks, Esq.
310 Alhambra Circle, C. G.
C-1 (Local Commercial)
Application for a Change of Zoning Classification
from C-1 (General Commercial) to C-3 (Central Commercial)
Phone: 374=9482
Self-explanatory.
Phone: 445=3692
DENIAL: It would be inappropriate to rezone this site
at this point since this entire area is part of the downtown
study area which is recommended to be rezoned to a new
C-3A classification. Rezoning at this time would only
cause future conflicts.
Def erred from the meeting of November 21 to allow
the applicant time to submit development plans for this
site.
Recommended DENIAL, January 23, 1978, by a vote of 7-0.
Deferred, February 23, 1978, for applicant to confer with
the Planning Department.
Deferred, March 16, 1978, at the request of the applicant.
APPROVED on 1st reading May 19, 1978
MEM
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EXisT/NG
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4er BLDG.
MIRAMAR 3rd AMa
a RICE AND SULLIVAN
1720 N.E.BAYSHORE DR.
EX/Sr/Na
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7- BLOG.
7......_______
2 STO'2y
RES/OENco
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MEM
COVENANT TO RUN WITH THE LAND
THIS COVENANT, entered into this �; day of
June, 1978, by ADELAIDE K. ALLOCCA, residing at 1720 N. E.
Bayshore Drive, Miami, Florida.
WITNESSETH:
WHEREAS, ADELAIDE K. ALLOCCA is the owner of the fee
simple title to the following described parcels of real property
located in Dade County, Florida, to -wit:
TRACT "A"
The East 86 feet of Lot 1, in Block 14, of
MIRAMAR THIRD AMENDED, a subdivision, as
recorded in Plat Book 5, at Page 4, of the
Public Records of Dade County, Florida;
and
Lot 4, in Block 2, of RICE AND SULLIVAN,
a subdivision, as recorded in Plat Book 4,
at Page 64, of the Public Records of Dade
County, Florida.
TRACT "B"
A Portion of Lot 1, in Block 14, of THIRD
AMENDED PLAT OF MIRAMAR, MIAMI, FLORIDA.
COMMENCE at the Southwest corner of Lot 1,
Block 14 of the THIRD AMENDED PLAT OF MIRAMAR,
Plat Book 5 at Page 4 of the Public Records of
Dade County, Florida; thence North 89 degrees
45 minutes 20 seconds East along the South line
of the said Lot 1, for a distance of 64.98 feet
to the Northwest corner of Lot 4, Block 3 of
RICE AND SULLIVAN SUBDIVISION, Plat Book 4 at
Page 64 of the Public Records of Dade County,
Florida, and the Point of Beginning of the
parcel of land herein described; thence continue
North 89 degrees 45 minutes 20 seconds East
along the South line of the said Lot 1 and along
the North line of the said Lot 4, for a distance
of 65.02 feet; thence North 0 degrees 16 minutes
15 seconds East parallel to the West line of the
said Lot 1, for a distance of 69.521 feet to a
point on the Northeasterly boundary of the said
Lot 1; thence North 51 degrees 19 minutes 33
seconds West along the Northeasterly boundary
of the said Lot 1, for a distance of 12.76 feet;
thence South 35 degrees 27 minutes 25 seconds
West for a distance of 95,478 feet to the Point
of Beginning. The above described parcel of land
contains 2868.25 square feet, more or less or
0,0659 acres, more or less,
and
WHEREAS, TRACT "I3"0 as heteih described, is presently
zoned for C-3 tie (Central Commercial) , and TRACT "A" is presently
zoned for C-1 use (Local Commercial) , under existing
classification of the zoning ordinances of the City of Miami, bade
County, Florida; and
WHEREAS, the owner of TRACT "A" has requested the City
of Miami to change the zoning on said tract from C-1 (Local
Commercial) to C-3 (Central Commercial) so that zoning on both
TRACT "A" and TRACT "B" will be uniform; and
WHEREAS, the C-3 zone permits commercial buildings of
unlimited floor ratio; and
WHEREAS, the owner believes that it would not be in
the best public interest to construct a commercial building of
unlimited.floor area on said parcels of property; and
WHEREAS, the owner desires to restrict the use of said
tracts of property in the manner hereinafter set forth.
NOW, THEREFORE, the owner herein and hereby convenants
and agrees:
1. Construction and development upon TRACT "A" and
TRACT "B" shall be and is hereby restricted to a floor area ratio
of 5.0 for commercial use, as presently designated under applicable
comprehensive zoning ordinances and zoning regulations of the
City of Miami, or construction of approximately Seventy -One
Thousand Eight Hundred Twenty -Five (71,825),square feet of floor
area.
2. The foregoing restriction is intended and shall be
a covenant running with the land and binding upon the owner, her
heirs, legal representatives, successors and assigns.
3. The owner does hereby acknowledge that this
Covenant is made freely and voluntarily for the benefits of the
inhabitants of the City of Miami and may be enforced by such
authority as may be lawfully authorized to enforce zoning laws
and regulations of the City of Miami, Florida,
-2-
4. The provisions of this Covenant shall be in full
force and effect for a period of nifty (50) years from and after
the date of recording hereof and may be released, modified or
amended by the
Director of the City of Miami Building and Zoning
Department, if he be so authorized, or as a result of public
hearing before
applicable Planning and Zoning Board and as the
result of a public hearing before the Miami City Commission, if
the required number of the City Commission should approve such
release, modification or amendment.
Otherwise, the covenant
herein shall, at all times, remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has affixed her
hand and seal the day and year first above written, at Miami,
Dade County, Florida.
Signed, sealed and delivered
in the presence of
STATE OF FLORIDA )
) SS
COUNTY OF DADE
ADELAIDE K. ALLOCCA
rT� ni 1. E • 1t
(ij
Ti r:;
�+, ray
PERSONALL APPEARED before me, the undersigned
authority, an officer duly authorized to administer oaths,
ADELAIDE K. ALLOCCA, who, being to me well known and by me first
duly sworn, acknowledges that she has executed the above and
foregoing Covenant freely and voluntarily for the uses and
purposes set forth therein.
SUBSCRIBED AND SWORN TO before me this
day of June, 1978.
My Commission Expires;
i .htry P,Alk, Scat-
4dy Comm;,s:on FU , 4, rare
301761ed ky .;,7l r:;an rir; r;o,,.
/-3
Notary Public, State faf Florida
at Large
!J. N:, TirArDRICKS
This Ice+rurnert Was Prepared E
NLUDP..lCt:S & J: PR,Ch:S, Attcrr ere
310 Alhambra Circe
Coral CsLies, i i:rid3 33134
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