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Home My WebLink AboutM-77-0823MEA': bk 9/26/77 • ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 1, 2 AND 3, BLOCK 62N, MIAMI (B-41) , \ BEING APPROXIMATELY 560 N. E. 2ND AVENUE, FROM C-3 (CENTRAL COi1MERCIAL) TO C-4 (GENERAL 60MI1ERCIAL) ; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OFTHE SAID ORDINANCE NO. 6871 BY REFERENCE • AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the Miami Zoning Board at its meeting of September 19, 1977, Item No. 5, following an advertised hearing, adopted Resolution No. ZB 145-77 by a 4 to 2 vote, recommending change of zoning classification as hereinafter set forth; and WHEREAS, the City Commission, after careful considera- tion and due deliberation of this matter, deems it advisable and in the best interest of the City of Miami and its inhabitants to grant said petition; o (74 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 Lots 1, 2 and 3, Block 62N, MIAMI (B-41), being approximately 560 N. E. 2'nd Avenue, from C-3 (Central Commercial) to C-4 (General 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. „DOCLI.IiL'11 INDEX PP 2. That all laws or parts o EIa rs�ni .n is herewith be, and the same are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this or\dinance be declared by a court of competent jurisdiction to be invalid `s the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this day of , 1977. ,,,rEe -'177' •4/ PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE day of , 1977. CITY CLERK PREPARED AND APPROVED BY: t MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: G'•RGE CITY AT KNOX, JR. CRNEY - 2 LOCATION/LEGAL OWNER APPLICANT/ DEVELOPER ZONING R EQUEST EXPLANATION R ECOMMENDATION PLANNING DEPAR TMENT ZONING BOARD r) ZONING FACT SHEET Approximately 560 N. E. 2nd Avenue Lots 1, 2 and 3; Block 62 N MIAMI (B-41) James J. & Aida McVeigh P. O. Box 010611, Miami 33101 Phone: 373-8994 National Car Rental c/o John C. Vigoren, Esq. 5501 Green Valley Drive Minneapolis, Minn. 55437 C-3 (Central Commercial) Phone: 1-800-328-4740 Ext. 2087 Application for a Change of Zoning Classification from C-3 (Central Commercial) to C-4 (General Commercial) A change of Zoning is not contingent to use. In this case, theapplicantindicates that C-4 Zoning is less restrictive for his type of business. C-4 allows automobile, truck and trailer rentals as well as repair and service garages and automobile washing establishments. DENIAL: There is no significant need for additional General Commercial zoning in the subject area due to the existance of substantial amounts of C-4 and C-5 zoning northerly of the area. The proposed use for automobile rental, althought not committed by the requested change, is not of the nature deemed appropriate for location anywhere in the Central Business District (C-3) except as presently permitted, restricting the amount and type of activity associated with this use. Recommended Approval, September 19, 1977, by a vote of 4 - 2 • r- 560 N.E. 2 AVE. MIAMI f9 /c flea C Ll4f- Po a NA' 5 J P,ee Flo CITY OF MIAMI PLANNING DEPARTMENT NORTH 4113 11itpf Aliatui, Honorable City Commission Attention: Mr. Joseph R. Grassie City of Miami, Florida Iarii��t 2 it September 21, 1977 re: CHANGE OF ZONING - RECOMMENDED Approximately 560 N.E. 2nd Avenue Lots 1, 2 and 3; Block 62N; MIAMI (B-41) Applicant: Nat'l. Car Rental Gentlemen: The Miami Zoning Hoard, at its meeting of September 19, 1977, item #5, following_ an advertised Hearing, adopted Resolution No. ZB 145-77 by a 4 to 2 vote (2 members absent) recommending Change of Zoning Classi- fication of Lots 1, 2 and 3, Block 62N; MIAMI (F3-41) , being approxi- mately 560 N. E. 2nd Avenue, from C-3 (Central Commercial) to C-4 (General Commercial) . There were no obiections. An ORDINANCE to provide for this Change of Zoning has been prepared by the City Attorney's office and submitted for consideration of the City Commission. Sincerely„ Robert'.A-. Davis, Director Department of Administration Planning and Zoning Boards cm Z. M. 36 CC: Law Department Planning Department NOTE: Planning Department recommendation: "DENIAL". Tentative City Commission date: October 20, 1977. LXtI t)tlrl t711i1.1 ' it11 t..,k1111 YAW MIt II1Lr=t'' iI I'.. l.11IJtJt';t )1 IIlI to Ilt I„ti.0 :l:l September 27, 1977 Mr. Richard 0. Whipple Planning Department City of Miami 3342 Pan American Drive Miami, FL 33133 Re: 560 NE 2nd Avenue - Miami Zoning Reclassification Dear Mr. Whipple: Enclosed herewith please find a copy of "Covenant to Run with the Land" which National Car Rental would be willing to execute in favor of the City of Miami. Please review it and let me know it it is in a form acceptable to you. I spoke with Mr. Robert Davis who informed me that his department would prepare all the paperwork for the October 20 City Commission meeting. Please let me know if there if anything further we have to do in preparation for that meeting. Very truly yours, NATIONAL CAR RENTAL SYSTEM, INC. / 4/ / f (Jack Vigoren '` Attorney - Properties Department JV/la cc: Tom Hyman Tom Zarcone Bill Coyle n la, Col 'PLANNING & ZOUING BOARDS NATIONAL CAR RENTAL SYSTEM, INC. • WE FEATURE GM CARS AND GIVE S&N GREEN STAMPS Jr. FOR WORLDWIDE RESERVATIONS CALI 800 32H 48bl TOLL FREE • IN MINNESOTA CALL 0121 830 234b COLILCI • COVENANT TO RUN WITH THE LAND THIS COVENANT, entered into this day of , 1978, by NATIONAL CAR RENTAL SYSTEM, INC., a Nevada corporation authorized to do business in the State of Florida (hereinafter referred to as "CORPORATION"), W ITNESSET 11: WHEREAS, the CORPORATION is desirous of constructing a building on the property located at approximately 560 NE 2nd Avenue, legally described as: Lots 1, 2, and 3, Block 62N, Miami, Plat Book B, Page 41, containing approximately 20,300 square feet; and WHEREAS, the CORPORATION has requested the City of Miami to change the zoning on the above described property from C-3 to C-4; and WHEREAS, the CORPORATION is desirous of constructing the building substantially in accordance with the plans on file with the City's Department of Administration - Planning and Zoning Boards and as approved by the Zoning Board or City Commission; and WHEREAS, the CORPORATION believes that it would not be in the best public interest to allow construction of any structure normally allowed in a C-4 zone on the subject property; and WHEREAS, the CORPORATION desires to restrict itself to the use of the subject property as hereinafter set forth; NOW, THEREFORE, the CORPORATION places a Voluntary Restrictive Covenant Running with the Land as follows: • 1. The CORPORATION, the ()Whet of the property legally described as: Lots 1, 2, and 3, Block Gi N, Miami, Plat Book 13, Page 41, containing approximately 20,300 square feet, does hereby restrict itself to the construction of a building substantially in accordance with the plans on file with the City's Department of Administration - Planning and Zoning Boards (said plans being specifically incorporated by reference herein) as approved by the Zoning Board or City Commission. 2. The CORPORATION does hereby agree that the use of said property will be limited to the operation of a car rental business or any other use allowed in Zoning District C-3. 3. This Covenant shall run with the land and shall be in full force and effect for a period of 99 years from the date first written above. 4. The CORPORATION does hereby acknowledge that this Covenant is made freely and voluntarily for the benefit of the inhabitants of the City of Miami and may be enforced by any local government authorized to enforce zoning or to represent said inhabitants. 5. This Covenant shall be recorded in the Public Records of Dade County, Florida and shall be binding upon the CORPORATION, its successors and assigns. IN WITNESS G411LRLOF, I have hereunto set my hand and official seal the day and year firtit above written at Miami, Dade County, Florida. NATIONAL CAR RENTAL SYSTEM, INC. By Executive Vice President ATTEST, Assistant Secretary STATE OF MINNESOTA ) ss3 COUNTY OF UENNEPIN ) I, an officer authorized to take acknowledgments, hereby 1978, personally certify that on this _ day of appeared before me PAUL W. BERGtUND and J. 11. IIALLUORSON, known to me to be the Executive Vice President and Assistant Secretary of NATIONAL CAR RENTAL SYSTEM, INC., and known to the to he the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof to he their free and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they affixed thereto the official seal of the corporation all by and with the authority of the said corporation, and that the said instrument is the free and formal act of said corporation. WITNESS my hand and official seal in said County and State the day and year last aforesaid. UM - John C. Vigoren, Notary public, State of Minnesotc.