HomeMy WebLinkAboutM-76-0435DECLARATION OF RESTRICTIVE COVFNANTS
KNOW ALL MEN BY THESE PRESENTS:
THAT SOUTHEAST FIRST NATIONAL }SANK OF MIAMI, as Trustee,
being the fee owner of lands described in Exhibit "A", attached
hereto and made a part hereof ("the property"), makes the following
Declaration of Restrictive Covenants running with the .property,
specifying that this Restriction during its lifetime, shall be
for the benefit of, and a limitation upon, all present and future
owners of the property and for the public welfare.
The property is presently the subject of an application
pending before the City of Miami, Florida ("City Commission"),
wherein it is sought that the zoning of the property be reclassi-
fied from R-5 (High Density Multiple District) to R-3 (Low Density
Multiple District), as presently defined in the Comprehensive
Zoning Ordinance of the City of Miami (Ordinance= 68-71) ("the
Zoning Ordinance"). In connection therewith, to assure the City
Commission of representations made by the beneficiaries of Land
Trust # 9-79121 through its duly authorized agents and counsel
at various public hearings, the undersigned covenants, represents
and agrees as follows:
1. Floor Area Ratio:
The Floor Area Ratio applicable to the property, as such
term is presently defined in Article II, Section 2, Paragraph 31
of the Zoning Ordinance, shall not exceed 1.75. Therefore, based
on the property containing 889,930 square feet, the floor area of
buildings on the property, as defined by the aforementioned
provision in the Zoning Ordinace, shall be limited to a maximum
of 1,557,377 square feet.
2. Height:
The maximum height of buildings, as defined in Article II,
Section 2, Paragraph 36 of the Zoning Ordinance, shall not exceed
262 feet of vertical distance from the average established grade
to the hightest point of any mechanica1 penthouse on such buildings.
of \\ .�
provided, howeVer, that such limitation shall not be applicable
to any antennas located on top of such building or buildings:
3.er,s 4 s
The total nuxibe:e Gf residential dwelling units to be
constructed on the property shall not exceed EGO.
4. p ecifi c Lni,{o.rcca;pi.i.l v:_
This Declaration of RestrictiVe Covenants shay.l be
specifically enforceable by the City.
5. Release, Modification and Amendment of Covenants:
These c ` ' f amended or releases
luvol: covenants s may by modified, a.��enG
as to any portion of thy: property ty only upon the approval therefor by
the City Commission after public hearing. Should this Declaration
of Restrictive Covenants be so modified, amended or release.,
the City Manager, acting City Manager, or Assistant City Manager
of the City of Miami shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment or
release:.
IN WITNESS WHEREOF, the undersigned has set its hand and
seal this rZ_- 1_. Gay o:. , 1976.
Signed, sealer and Delivered
in he presence of:
/ SOUTHEAST FIRST NATIONAL BANK
a t c • /i..• . .ice/ l .-�. �, t.�Lr--'_.-.�
•
STATE OF FLORIDA)
ss.
COUNTY OF DADS )
OP MIA ,I,__as Trustee
BY:
t.
The foregoing Declaration of Restrictive Covenants was acknow-
1 _{
+ic ;oc Aeiore me ay c*} i ` � \` k t as �i ,C t_ \ r'�'>< <iti., 1 of
so;+:.LAST FIRST NATIONAL BANK OF MIAX:, as Trustee, this )) .\ day
1976, for the purposo the rcd.n ctixprouaca.
i.11 eKd .aroo;
:NA4'.111+'Y vU41. 4.Q j :+'111't'1'; OV 41.Q1i4JJI' TN.1.1�'
LARGE
1.1,04 ►'' '` ► �P vi�64 M4� A�+ III .. l,4� /1arr mAN, 4.IPQrlr 1;140c00 11 04,10'0104 rb.A1A., MIAMIt /i.+hit+ , t ►1�11
EXHIBIT "A"
Tract A, according to the Revised Plat of
FAIR ISLE, according to the Plat thereof
recorded in Plat Book 34, at Page 70, of
the Public Records of Dade County, Florida.
CC
CI oP kLc ttibA
1141`e 3-brfr1C€ M1:`M6RANbUM.
t-Ionot able Mernbe rs of the
City Cornrnission
bA?E-
motitism
City Corntnission Meeting = April
22, 1976
PROM: P. tAte Andrews REkERENCES:
City Ma.tiager
ENCLOSURES.
PLANNING ADVISORY BOARD FACT SHEET
SURACT•
PETITION:
A Change of Zoning Classification from R-4 (Medium Density Multiple) to
R-3 (Low Density Multiple), for properties fronting on and adjacent tc Bis-
cayne Bay, from Osceola Canal to, but not including the Mercy Hospital
property.
APPLICANT:
City of Miami Planning Department, February 12, 1976
REQUEST:
For Change of Zoning Classification from R-4 to R-3
PLANNING DEPARTMENT RECOMMENDATION:
Approval, in accordance with proposed land use from "A PLANNING STUDY
FOR COCONUT GROVE".
PLANNING ADVISORY BOARD RECOMMENDATION:
Denial, by 5 to 2 vote on March l 0, 1976
I•
. Honorable Members of the City Commission
915
lit SCRIP/WE Skt
April 1, 1976
Honorable City Commission
Attention: Mr. P. W. Andrews
City of Miami, Florida
re: CHANGE OF ZONING - RECOMMEND.._DENIAL
Properties fronting on and adjacent
to Biscayne Bay, from Osceola Canal
to but not including the Mercy
Hospital property.
Initiated by Planning Department
Gentlemen:
The Miami Planning Advisory Board, at its meeting of March 10, 1976,
Item *3, following an advertised Hearing, adopted RESOLUTION No.
PAS 11-76 by a 5 to 2 vote recommending DENIAL for Change of Zoning
Classification from R-4 (Medium Density Multiple) to R-3 (Low Density
Multiple), for properties fronting on and adjacent to Biscayne Bay,
from Osceola Canal to, but not including the Mercy Hospital property
(Halissee Street, extended) all within the Coconut Grove area of
Miami.
Seven objections were received in the mail; 21 objectors were at the
meeting.
Thirty -Five written notices in favor were received in the mail;
95 in favor were at the meeting.
An ORDINANCE to provide for this Change of Zoning has been prepared by
the City Attorneys office and submitted for consideration of the
City Commission.
ert A. Davis, Director
Sincerely,
i1
�
e�
Pia
cm
Z.M. 44
Attached: Minutes
cc: Law Department
: APPROVAL.
Planning Department
NOTE: Planning Department recommendation
Tentative City Commission date: April 22
Symbol
strict 21a
Uses
SUMMARY --CITY OF MIAMI COMPREHENSIVE) ZONING ORDINANCE
Mlo. Unit .. Maximum Density 141n. Lot Size
size 4.1.) :bAin. Lot Units/Net .-Ares Width Trant ' Side Rear Corner floors/O.
A roe/Unit Acro (..1.1
(e.1.)
11.3 Cow Density Any 31-2 use. 3 U, 400 ad.
Multiple (Subj. toil-2 $41111R. 550 a,1.i
regulations). 211R. 650 .s. t.
Apts.,. nursery. -
erreneouae.
rooming house.
school. c
Accessory uses. Z
Con. - 'ounhouseo
a
0
MbR.
rd Setbacks Max. It.
I du/I500 29.0 6000' 60 20• 15%wld. 20
4-15 du's . :' •, min. 9 +1 per:
4 3 max. 10 over 25
+ I per
1.' lovor25
1du/900 48.0 '10000 100 20 20 20
135+du a) 41 per 2 +I part
over 25 over 25
23.7 min,3000 min. 18
avg:2000 avg. 20
15 2/25w/p5..130 30
+Iper2 except coo. we Over 25' In
over25 height. 20
15 2/25 w/pkg.r30 30
+l per accept con. use ever 25' In
ovar25 height: 28
20 End Grp 20 15
15 raper 2 +Iper2
Dot. grim evor25 over 25
10+1 por
2 over25
2/25 w/pkg130 30
except eon. use
200 s.f.
:por unit
Patio:
200 s.f.
FART 0.60
Individual lots.
Group length: 200' max.
Underground'. a:littlei
F. -4
%tedium 'Den -
tatty 'Multiple
Any R-3. use. SF 1. 2F.650ef
Apts., villas I. Mu1tl-Fam.:I
bungalows. ZII. 400 if
'Conditional uses. IDR. 550 if
hotel, motel. a. 2411R..(.50 sf
,paitn:cnt hotel. 'Dotal 150 of
med. offices. clin-
ics. educ. 4 chnr-
i.able lost.. duck..
plats.
Accessory uses.
I du/1500
(4-15du's(
+ •
1 du/750
115+&eel
29.0 6000 60
+1500/ea. over 4
I1-I5 du'al
50.0, 22500
750/ea. over 15
(IS tdol
Non -rest Non -roe,
10, 000 100
20 (57.wldlh 20
min. 9 +Iper2
max. le over25
+Iper 2
01,111.25
15+
+Iper2
over 25
'pub. o.
pen sp.
crodlt)
May 20+
Non -rest Non -tor: Non-ro■:
20 20 20
41pur2 (lper2 +1 port
over25 ovnr23 over25
(Pull. u- (pub. u•
pon rp. pen sp.
crodll( credit)
No Omit'
N1.55
20'.30
30',28
40':26
50':24
60'123
70':22
80',21
90',2n
100':19
110':18
200 a. t.
per unit
FAR: 1.4U-1. 1u
+No point of '.-:ttd11:c cltsae
to -center Zino t::in tit +eight
of point a21v' 7rt.... lino.
Duvei..pme.at pl:.n, de -too.
review. et:Im o *ref wee-
meat required.
R.s", lleh:DenaRy
\cult tplo
Any 11-3 uso. sr t. 2F, 650 et
Apartment. 'Multi -family:
npartmrnt ho- IYt. 400 s.1,
tel. hotel. 1B11, 550 s.f.
'motel. tour- 2t8R. 650s.f.
let hone. Mold: ISO s.f.
rooming houro,
burealow court.
Accers.uy ISsos.
Conditional
user: clock.
plot or pri-
vate club.
Townhouse
4subj. ;to 71-3)
WI 450 96.0 M1'110, 000 MGiI00 20+ Res1 15'/. 20 15+
(panne width +I per 2 +1por2
open ep. min. 9 over25 over25
credit) max. 10 Ip:,b. o. (pub. 0.
it part pen ep. pen •p.
ova r25 eradii) credit.)
IpuI:. o- Mae. 20
pen ep.
return)
No 1411111
20',30
30',20
40':26
50'i24
60':23
70':22
00'121
90'::0
100',19
110'110
120':17
130'116
140':15
170':14
190':13
200'112
220':11
240'110
270':9
300' 10
200 r.t.
por unit
1'A(t: t.00-2.:{.
'No p••Inl ci'.-,ttdtr. •t. closer
10 center:lee !biro 1,,2 1f.. of
point above grade.
City of Miami Planning Department
April, 1976
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MEA
4/9/76
ORDINANCE NO,
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE zoNtNO ORDINANCE ROR THE
CITY of MIAMI, BY CHANGING THE ZONING
CLASSIFICATION FROM R-4 (MEDIUM DENSITY
MULTIPLE) TO R-3 (LOW DENSITY MULTIPLE), FOR
PROPERTIES FRONTING ON AND ADJACENT TO BISCAYNE
BAY FROM OSCEOLA CANAL TO, BUT NOT INCLUDING
THE MERCY HOSPITAL PROPERTY (HALISSEE STREET,
EXTENDED), ALL WITHIN THE COCONUT GROVE AREA OF
MIAMI, AS SHOWN ON THE MAPS ATTACHED HERETO AND MADE
A PART HEREOF, AND BY MAILING THE NECESSARY CHANGES
IN THE ZONING DISTRICT MAP, MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2 THEREOF; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON-
FLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAIN-
ING A SEVERABILITY PROVISION.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of March 10, 1976, Item No. 3, following an advertised
hearing, adopted Resolution No. PAB 11-76 by a 5 to 2 vote
recommending denial for change of zoning classification as here-
inafter set forth; and
WHEREAS, the City Commission, notwithstanding
recommendation of denial
careful consideration of
the best interest of the
its inhabitants to grant
hereinafter set forth;
NOW, THEREFOR
the
of the Planning Advisory Board, after
this matter, deems it advisable and in
general welfare of the City of Miami and
a change in zoning classification as
E, 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 from R-4 (Medium
Density Multiple) to R-3 (Low Density Multiple), for properties
fronting on and adjacent to Biscayne Bay, from Osceola Canal to,
but not including the Mercy Hospital property (Halissee Street,
extended) all within the Coconut Grove Area of Miami as shown on
the maps attached hereto and made a part hereof, and by making
the necessary changes in the zoning district map made a part of
Ordinance No. 6871 by reference and description in Article III
Section 2 thereof,
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Section 2, All laws or parts of laws ih conflict
herewith be, and the same are hereby repealed insofar as they are
ih conflict,
Section 3. should any part or provision of thiS
ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole.
PASSED ON FIRST READING BY TITLE ONLY this
day of , 1976.
ONLY this
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
day of , 1976.
MAYOR
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FO
-u
A' 7
HN S. LL•YD
AND CORRECTNESS:
ITY ATTORNEY
2,
1
• t • . • • t • • • f • • t t .
•
• t} i 1 r•• t•••
+ • • • f • • • • • • • • •
1 t•• i t•at+sat•
• • t ! • ... t • t • a • • • • *Will
• . • • t • . • • • a • • • •
tt• to tlt•t•+••
•
crr? OF MIAMi. Loi311 A
IN1-04-bO'FIcf Mr MORANbUM
To Honorable Members of the
City Commission
FROM:
41.14.0
Ps W. Andrews
City Manager
PETITION:
haTE
SUBJECT
An 1 G'1975
City Commission Meeting April
22, 1976
REFERENCES:
ENCLOSURES:
PLANNING ADVISORY BOARD FACT SHEET
E•
A Change of Zoning Classification from R•-5 (High. Density Multiple) to R-3
(Low Density Multiple) for property known as Fair Isle.
A PPLICANT:
City of Miami Planning Department, February 12, 1976
REQUEST:
For Change of Zoning Classification from R-5 to R-3
PLANNING DEPARTMENT RECOMMENDATION:
Approval, in accordance with proposed land use from "A PLANNING STUDY
FOR COCONUT GROVE" as amended bar the Planning Advisory Board.
PLANNING ADVISORY BOARD RECOMMENDATION:
Approval, by 4 to 3 vote on March 10, 1976
PREVIOUS CITY COMMISSION ACTION:
Approval, in principle of "A PLANNING STUDY FOR COCONUT GROVE"
with the modification that the zoning of Fair Isle be recommended for a change
from R-5 to R-3 on September 23, 1974.
tiohotahle of th City eofnhliSSion. AA 1 G IRO
cltscrupTIvE SKETC14:
April 1, 1976
Honorable City Commission
Attention: Mr. P. W. Andrews
City of Miami, Florida
re: CHANGE OF ZONING RECOMMENDED
Fair Isle
Initiated by Planning Department
Gentlemen:
The Miami Planning Advisory Board, at its meeting of March 10, 1976,
Item #3, following an advertised Hearing, adopted Resolution No.
PAB 10-76 by a 4 to 3 vote Recommending a Change of Zoning Classification
from R-5 (High Density Multiple) to R-3 (Low Density Multiple) for
property known as Fair Isle.
Seven objections were received in the mail; 21 objectors were at
the meeting.
Thirty -Five written notices were received in favor; 95 in favor
were at the meeting.
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,
ert A. iSavis, Director
epartment of Administration
Planning and Zoning Boards
cm
Z.M 44
Attached: Minutes
cc: Law Department
Planning Department
NOTE: Planning Department recommendation: APPROVAL.
Tentative City Commission date: April 22, 1976.
SUMMARY - CITY OF IMAM/ COMPREHENSIVE ZONING ORDINANCE
Symbol V lrsraet Name 'Uses
Min. 'Unit Maximum Denelly Min. Lot Site
size ,(t.f.) Min. Lot .Units/Net Area IYldth
Area/Unit Acre (►.f.) 1ft. )
Min. Yard Setbacks Max, lit.
Front Side Rear Corner floors/ft.
Maximum Lot Open
Coverage 17:1 Space Other
31.3 tow Density Any'R-2 use. Ef(, 4001.1.
'Multiple (Subj. to 11-2 '141DR. 550 • f.t
segutatlonsl. 21IR. 650 s.1.
Apts.. nursery.
ttreenhottro,
seeming house.
school.
Accessory uses. :14
'Con. - Townhouse
i
1 du/1500
4-15 du's
4
ldu/900
(154du's)
29.0 6000 60 20.
48.0 10000 100 20
21.7 min1800 min.18
avg. 2000 avg. 20
15•S wId. 20
min. 9 +l per2
max. 18 over25
+ 1 per
2over25
2D 20
+1 per dl per
over 25 ever 25
2D End Grp 20
15 +1 per
Del. grim over 25
10+1 per
2 over25
15 2/25w/pkg.i 30 30 200 s.f.
+1 per except con. use Over 25' In ;per unit
over25 heights 28
15 2/25 w/pkg.s30 30
+1 per2 except con. use over 25. In
01+e425 height, 28
15 2/25 w/pkgt 30 30
+1per2 except con. ure
over 25
Patio:
200 s.f.
FAR: 0.60
Individuat 1e0s.
Croup length: 200` max.
Under_gronnd utt![tier
11.1eillum Den- Any rl-3 ties. SF 6. 2F:650 of
ratty lituftple Apia., villa,:b Meld-Fem.l
bungalows. Eff. 400 of
ConditIonsi wear 1111i. 550 sf
hotel. motel. a- .241311. 650 of
pa rtnicnt hotel, hotel 150 If
coed. offices, clin-
ks, edur..6 cher-
A•ahte.luai.. dock..
piece.
Accessory ones.
lda/1500
(4-1Sdu's)
1 du/150
(15+du'si
29.0 6000 Gn.
+1500/ea. over
(1-15
58.0' 22500
+
750/ea. over 15
115Idos1
Non -rest Non -rest
10,000 100
20 l5%wldth 20 15e No limit
min.9 +1per2 +Iperi
max. 10 over25 over 25
+Ipert Ipub. o-
uvor25 pen sp.
credit)
Non -rem:
20
+1 per2
(Ivor 25
(pub. u-
pon op.
credit)
May 204
Non -roe: Non-ros:
20 20
41 per +1 per
o1,n,25 over25
(pub. o-
pen np.
credit)
Ht:74 '
20's30
30't28
40';26
50':24
60':23
70';22
80':24
90':20
100',19
110':l8
•
200 s.f.
pot unit
FAR: 1.,tb-1.Iv
+No paint of'. U'lt:,t at,. set
to center Ilse. t.:rt 112 4nigk:
of pntnt 8.t?. :e rat•' Pre,
Davcinr,nent rI.n. s4
review. ecm,r.nores agree.
ment required.
Tim*, 11ich 2)en
'iuli!ple
ty Any 11-3 ueo. 5F f. Zr. 650 of
Apartment. Multi-fnmily:
npartmrnt hn- Eff, 400 e.0.
tel. hotel, 7DR. 550 a.f.
motel. 'tour- 2+11R. 650 s.f.
1st home, Dotal: 150 ad.
seeming horse,
buaralmv court.
Aretesury Sees.
Conditional
user: duck,
pier or prt-
vete club.
Ton•nhouse
taubj. tort-33
MFr 450 96,8 MFs10,000MF4100 20* Rao, 15% 20 15t
(public width +1 prr2 41 por2
open op. min. 9 over25 over25
credit) mat. 18 Ipub. o- (pub. O-
il par 2 pon op. pon sp.
over 25 crodltl credit.)
(pub. o• Max, 20
pen op,
credit)
No llmtt
Ill:7.
20'a0
30':28
40':26
50'124
60':23
70':22
00't 21
90':20
100'l19
110',10
120':17
110':I6
140':15
170':14
130':13
200'i12
220':11
240't10
270':9
300':0
200 r. f.
par unit
FAR: 2.00.2.20
^Ko point of '..iidtr.Q:, ett•scr
to cooler:inr them. 1,2 t:K« at
point nhove grade.
City of Miami Planning Department
April, 1976
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MEA
4/9/76
ORDINANCE No.
AN ORDINANCE AMENDING ORDINANCE No. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION FROM R=5 (HIGH DENSITY MULTIPLE)
TO R-3 (LOW DENSITY MULTIPLE) FOR PROPERTY KNOWN
AS FAIR ISLE, AS SHOWN ON THE MAPS ATTACHED HERETO
AND MADE A PART HEREOF, AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF
SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF;
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT;
AND CONTAINING A SEVERABILITY PROVISION.
WHEREAS, the Miami Planning Advisory Board at its
meeting of March 10, 1976, Item No. 3, following an advertised
hearing adopted Resolution No. PAB 10-76 by a 4 to 3 vote recommend-
ing a change of zoning classification as hereinafter set forth;
and
WHEREAS, the Commission deems it advisable and in the
best interest of the City of Miami and its inhabitants to amend
said Ordinance 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 from R-5 (High
Density Multiple) to R-3 (Low Density Multiple) for the property
known as Fair Isle, as shown on the maps attached hereto and made
a part hereof, and by making the necessary changes in the zoning
district map made a part of Ordinance No. 6871 by reference and
description in Article III, Section 2 thereof.
Section 2. All laws or parts of laws in conflict
herewith be, and the same are hereby repealed insofar as they
are in conflict.
Section 3. Should any part or provision of this
ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole.
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PASSED OW MIST ADINBY TITLE ONLY this
day of # 1976.
PASSED AND ADOPTED ON SECOND AND VINAL READING BY
TITLE ONLY this day of
1976.
MAYOR
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
ASSISTANT CITY ATTORNEY
APPROVED S TO FO AND CORRECTNESS:
• 4
gON S. LLOYD ,
TY ATTORNEY •,'
2.
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