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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 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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, 2 3 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 . 32 33 34 35 36 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. 2 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. As= 7nfti.tr,LI_ ,/ efe <co co • "... - •- 6