HomeMy WebLinkAboutO-12194J-02-048
1/16/02
F1
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AMENDING PAGE NO. 33 OF
THE ZONING ATLAS OF ORDINANCE NO. 1100.0, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING
THE ZONING CLASSIFICATION FROM R-1 "SINGLE
FAMILY RESIDENTIAL" WITH SD -12 BUFFER OVERLAY
DISTRICT TO C-1 "RESTRICTED COMMERCIAL" WITH
SD -12 BUFFER OVERLAY DISTRICT FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2725,
2731 AND 2733 NORTHWEST 6TH STREET, MIAMI,
FLORIDA, LEGALLY DESCRIBED IN ATTACHED
"EXHIBIT A"; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of
December 03, 2001, Item No. 6, following an advertised hearing,
adopted Resolution No. ZB 2001-0484, by a seven to two (7 to 2)
vote, thus constituting a RECOMMENDATION OF APPROVAL for a change
of zoning classification, as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this change of zoning classification as. hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
i a"
I
1u �s
12194
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
Article 4, Section 401, Schedule of District Regulations, is
amended by changing the zoning classification from R-1 Single
Family Residential with SD -12 Buffer Overlay District to C-1
Restricted Commercial with SD -12 Buffer Overlay District for the
properties located at approximately 2725, 2731 and 2733 Northwest
6th Street, Miami, Florida, legally described in attached
"Exhibit A."
Section 2. It is found that this zoning classification
change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City:
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
Page 2 of 4 12194
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property value in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public_ welfare.
Section 3. Page No. 33 of the Zoning Atlas, made a part
of Ordinance No.. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description in said
Ordinance, is amended to reflect the changes made necessary by
this Amendment.
Section 4. All ordinances or parts of ordinances insofar
as. they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Page 3 of 4 1219 4
Section 6. This Ordinance shall become effective
thirty-one (31) days after second reading and adoption thereof
pursuant and subject to § 163.3187 (3) 9c) , Fla. Stat. (2001) .l�
PASSED ON FIRST READING BY TITLE ONLY this 24th
January , 2002.
day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 7th
ATTEST:
day of March
S S
WA ER J. FOEMAN
•
CIYY CLERK
ATTORNEY
1192:YMT:smg
2002.
O� Y
MANUEL A. DI 2, MAYOR
S:
1� This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted. If
the Mayor vetoes this Ordinance, it shall become effective immediately
upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
Page 4 of 4
12194
LOCATION MAP
Scale: 1' = 150'
LEGAL DESCRIPTION
7Clu
so
Lots 23.24 and 25, Block 1, GRwSE PONTE HIGHLANDS, according to the plat thereof, or, recorded in pat
Book 34. at Page 82, at the Pubic Pec orris, of MiciF cle County Rondo.
Containing: 22,620 Souare Feet _-, C.52 cues, more or 'em
SURVEYOR S NOTES
1) The above captioned Prcperty was surveyed and described based on the above Legal Description
furnished by tient.
2) This Certification :s only 'a, the Lancs as desc-bed ft s not a cerhncation of Tile. Zoning.
Easements, of Freedom of rc+fnbrrncea ABSTRACT NOT PEVIEWfD .
3) There may be accitone: Rest -.cions not mown on rm shay that fray be found in the Pudic
Records of this County. Exonitwfion of A85MACT OF TITLE will have to be mode to deiernune
recorded Instruments. it any affecting TA property.
4) Ownership subject to OPINION OF TLE.
5) Type of Survey: BOUNDAPY SUR` FY.
6) Reasonable efforts were moue to the existence and location of underground Utilities This fhn
does not accept responsibiW for this information. Before excavation or construction contact the
appropriate UtW companamtor vsPicatim.
7) The subject property is located ^Ahn a non -Flood Hazard Area as defined by the Federal Insurance
Administration, Community Panel No, 1206500187 Suffix 'J' Flood Zone'X'. Base Elevation: N/A.
Map Dote: Mach 2, 1994,
8) This PLAN OF SURVEY, has be -n prepared fcr me exclustve use of the entitles named hereon the Certificate
does not extend to any unnorned party.
10) 0.0' Indicates Existing Eleva k.n
11) Elevations are referred to Vc; icrof Geodetic Verticol ReVaaors.
12) Bench Mark (Used): B.M. 0-v of 'A crni.........................Elevolon: 15.233' fee. (C -O M.)
Elevation: 14.96 feet (N.G.V.D.)
Lxarior: N.E. Cor. of intersection of of N.W. 30th Avenue & N.W. 6th S'reet.
FOR THE BENEFIT OF:
FCRPJNE OF THE CHI, INC. p
UNIVERSAL REALTY & DEVELOPMENT, INC 4
ECI=RD CORPORATION
TEV, CARDENAS REBAK KELLOGG LEHMAN DE MARIA & TAFUE, L.L.P.
CITY OF MIAMI
OFFICE OF HEARING BOARDS
-. 444 SW 2"d Avenue, 7'" Floor • Miami, Florida 33130
'` ira�► o..Tce * Telephone 305-416-2030 • Fax 305-416-2035
VA,' APPLICATION FOR AMENDMENT TO
ZONING ATLAS AND/OR OVERLAY DISTRICT
Hr�a» rfeaa�f+rtsort�fsa�rr�N
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING
ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES
BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS
AVAILABLE IN THE OFFICE OF THE C1TY,CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE,
-MIAMI, FLORIDA, 33133.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE
ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. APPLICANTS ARE RESPONSIBLE,
IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY
BOARDS, COMMITTEES AND THE CITY COMMISSION.
POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE
APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS,
COMMITTEES AND THE CITY COMMISSION.
I, _ Bob de la Fuente c)n bd'y.1 C4 fnruylt � %,r 64'1)r,e—
hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas
of the City of Miami as more particularly described herein and, in support of that request,
furnish the following information (see Article 22 of the Zoning Ordinance):
1. Address of property: _2725 • 2731; and 2733 NW 6 Street, Miami, Florida
2. Folio number: 01-4104-012-0170; 01-4104-012-0160;.01-4104-012-0150
3. Two 11x17" original surveys prepared by a State of Florida Registered Land Surveyor within
one year from the date of application.
4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see
attached forms).
5. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of the
subject property (see pages 5 and 6).
6. At least two (2) photographs that show the entire property (land and improvements).
7. An 8'h x11" copy of all exhibits that will be presented at the hearing shall be attached to this
application.
8. Present zoning designation(s): R-1 With SD in Buffer overlay district
9. Future zoning designation(s): C-1
12 19 4
10. Other (specify and attach cover letters explaining why any document you are attaching is
pertinent to this application). _
Letters stating neighbor support for application.
11.. Statement explaining why present zoning designation is inappropriate.
.These -three lots are adjacent to and share.unity of title with the
lots immediately to the North along NW 7th Street which are zoned C-1,
12. Statement as to why proposed zoning designation is appropriate.
The proposed zoning designation will allow a unified commercial development.
13. Recorded warranty deed and tax forms of the most current year available that show the
present owner(s) of the -property.
14. Cost of processing according to the City Code:
Change of zoning classification:
CS, PR, R-1, R-2, per square foot of net lot area
Minimum
R-3, R-4, O; G/1, HP per square foot of net lot area
Minimum
C-1, C-2, 1, per square foot of net lot area
Minimum
CBD and all SD's, per square foot of net lot area
Minimum
Public hearing and public meeting mail notice fees,
including cost of handling and mailing per notice
Signature
Name
Address
$ .15
$ 635.00
$ .20
$ 750.00
$ .25
$ 900.00
$ .30
$ 1,000.00
201 So. Biscayne Blvd., Suite 2600
Miami, Florida 33131
Telephone (305) 536-1112
Date
2
12194
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this _gfL day of OCA fit_
20Q_, by Bob de la Fuente who is personal
known to me or who has pr uced
as identification and wh di did not) take an oath.
(Stamp) Elizabeth Bemardo SI ture
* *My Commission OC766873 g
9.,,�' Expires August 12, 2002
STATE OF FLORIDA .
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by of
a
corporation, on behalf of the corporation. He/She is personally. known to me or has
produced as identification and who did (did not) take an oath.
(Stamp) Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
20 , by partner (or agent) on
behalf of , a partnership.
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
Signature
3
12194
AFFIDAVIT
Before me, the undersigned authority, this day personally appeared Bob de la Fuente
-who being by me first deposes and says:
1. Thatch he is the owner, or a legal representative of the owner, submitting the
accompanying application for a public hearing as required by a ode of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed -on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete
permission for him/her to act in his/her behalf for the change or modification of a classification
or regulation of zoning as set out in the accompanying petition,iCl" ncluding responding to day
.to day staff inquires; 0 -not including responding to day to day staff inquiries in which case
he/she should be contacted at (305) 539-211.4
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/ a is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
Bob.de la Fuente
Applicant Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this �l``' day of
20 bl_, by f of
corporation, on behalf of the corporation. He/She is personw1y known to me or has
produced as identification and who "id not) take an oath.
(Stamp} ASign?re'
FJ'vabeth Bemasdo _
* *My Commission CC766873
s,? • EXpires August 12, 2002
12194
OWNEW9LIST
Owner's Name Fortune of the Chi, Inc.
Mailing Address 8621 S.W. 5th Street Zip Code
Telephone Number(305)633-2167
Legal Description: T,,, ?-A 24, and 25. Block 1, Grosse Pointe Highlands,
PB 34, Page 82, Miami -Dade County, Florida
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 500 feet of the subject site is listed as follows:
Street Address
6nQ_A&A NW 27th Avenue
Street Address
4,F,R NW 27th Avenue
Street Address
4
Legal Description
Lot 1-9, Block 1, Grosse Pointe Highlands
PB 377-97- 7
Lot 10-12, Block 1, Grosse Pointe Highlands
PB 34-62
Legal Description
.'Block 3, Grosse Pointe Highlands
LN ;i�oz_
Legal Description
Lot 19-30 less the East 15 feet and Lots
16 and 81
Grapeland Center, P.B. 14, Page 6 of the
M.D.C. record
121,94
DISCLOSURE OF OWNERSHIP
1.. Legal description and street address of subject real property:
Lots 23,24 and 25, Block 1, of Grosse Pointe Highlands, P.B. #34, Page 82,
also known�.as 2725, 2731 and 2733 NW 6th Street, Miami, Florida 33125
2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having a financial interest, either direct or indirect,
in the subject matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries
of trusts, and/or any other interested parties, together with their addresses and
proportionate interest. Fortune of the Chi, Inc. 100% ownership
Luis Chi, 50%: Address: 8621 SW 5th Street, Miami, Florida 33144
Maria Chi, 50%: Address: 8621 SW 5th Street, Miami, Florida 33144
3. Legal description and street address of any real property (a) owned by any party listed in.
answer to question #2, and (b) located within 500 feet of the subject real property.
Lots 1-9, Block 1, Grosse Pointe Highlands, also known as 600-644 NW 27th Avenue.
Lots 10-12, Block 1, Grosse Pointe Highlands, also known as 2730-2732 NW 7th Street.
Lots 1-9, Block 3, Grosse Pointe Highlands, also kno as 468 NW 27th Avenue.
Lots 19 through 30 less East 15 ft. &.Lots 16 & 87,^ G,tZgeland Q4Jter, also known as
720 NW 27th Avenue V�/0
Owner or Attorney for Owner Name
Bob de la Fuente
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ire
The foregoing instrument was acknowledged before me this 9 day of
20_), by Bob de la Fuente r202L6nxth-L- Of TKJb0"'- 7k'
«, 1.... a T1
corporation, on behalf of the corporation. He/She is parsoaglbL knowo to me or has
produced as identification ando did ( id not) take an oath.
(Stamp)
n. Elizabeth Bemardo
FJ
* *My Commission '=
a73
Expires August 12.
MP
121Qj
44
CORPORATE RESOLUTION _
WHEREAS, Fortune of the Chi, Inc., a Florida corporation, desires to file certain
public hearing applications in the City Of Miami including but not limited to Rezoning,
Comprehensive Plan Amendment, Replatting, Alley Closure, and Class 2 Special Permits
("Public Hearing Applications"); and
WHEREAS, Fortune of the Chi, Inc. desires to authorize certain individuals to
sign any documents on behalf of Fortune of Chi regarding said Public Hearing
Applications; and
WHEREAS, the Board Of Directors and/or Stockholders at a duly noticed and
held corporate meeting has considered the matter in accordance with the by-laws of the
corporation; and
WHEREAS, it was upon motion duly made and seconded that Bob de la Fuente,
Esq. be authorized to sign any documents on behalf of Fortune of the Chi regarding said
Public Hearing Applications.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that Bob de la Fuente, Esq. is hereby authorized to sign any documents on
behalf of Fortune of the Chi, Inc.iZi. rance of said public hearing applications.
Datedthis 0�ayof
Maria hi
Secr
(CORTORATE SEAL)
12194
ter• -
�a.'-
. pt Pt4 2i �. i.• 9 8 8 5 6 2 4 4 1
aEc 18362 Pv 1 M
-� SP_ y_
hwd m m aeer. 01-4104-012-0150uas •'� :.._ .:..;.::'-
chnow ♦t lett!' OC
By
Warranty Deed
'ni! Indenture, made: this 16th day of Nmrmbrr 19% A.D.. Between
PERNANDO htAZA aad ZE`iAIDA MAZA, his wift,
dtlsr_ot,rtYpt Statcot ►grantors, and
FORTLME OF 1HE CHI, INC- a wrporation costing under the laws of lbs state of Florida
vheise addta i �' % / Nr� v? �h-�.t.�� /�i •c.,•. i hL :3 S• �� i
cc theCmmtYa , state of ,granter.
RtilteelSti21 hal tSe G1t11M OPS [ar and in uvt5idcniioo.i ti<,aila o - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - . • - -
--------------------------TENaNO/100(S10.00)---------------------------DO:LkS.
aa0 other clod wed'
C va:•:a,Y.c camdcntioa n ORA'�TDItS io htnd psW br C:R� NlI the =rar t .hclta ishCMby rtno.xd�-], b"t
hued. bK*dDed and mid to the ansa OW41EE and G?ArTrM aaccent-M KW --:P' -===- ua to:.e. * iharnba A M&a L
.i:u-e. it ai .w 14.4.E m less Couaty d %ae ss t::'ICrid3.:o:L
Lot 23, Block 1, GROSSE POINTE HIGSLAUNDS, according to the Plat
thereof, as recorded in Plat Book 34, Page 82 of the public
records of Dade County, Florida.
Subject to restrictions, reservations and easements of record,
if any, which are not reimposed hereby, and taxes subsequent to
December 31st, 1998.
aoo.
"Co=`Spy
toAm
and ft jS tum do b=t7 toi•'r waRL11 tar ntte:a Rid tax, sod Vita dctc*d 1]C 620C ayiviu ,W-0 cU'rw C(aa penala �bOtBiCcl r.
to wltnesa It hereo4 the pwtttta atm It.moato at the: Mzds and acatcttt dar sad Year r>rA Adores .linea
aad 4cUu ed to ow pts
Prmtrd Names •• t..r� i l o Fl<RNANDO MAZA /39 i t �t!'�/ / S-` /O
Whom as to
PrattedN=e: CA C+'a $�'Id Ut %7/�' NMD�ZAAZA
Waaass as to Both
STATE OF F:=*
COUNTY OF Dade
The ftWgVgm6 ianv=mt vu admw%dVd tutor We ibis 161h 44T of November , 1998 tr,
F]UM&NDO MAZA and ZENAIDA MAZA,
ubo a:e peaooaCr t ,00a to mo or sto hat+ pn dvmd thctr Florida drivtes litxnses Cc
'L3isDoflarfani pteptlod BY:
AMA WAWAANXMM0
AiAiAYARI AMUTA, ATMRNHYAT e
st1Ue 1f19 IiT1 S tete®t Rand?` tr OOMt1a
y 'Mut
an Pspittx
:aari faallutt, iS. $rlit +•" s 00'� htart>:
• pion lkatter+r'ia�e —Jt
MAZA/LEZ
Page 1 of z
i
7Lc:18DSF�214 ;
This Instrument Prepared By:
Robert 2. Xorn, Hsq. 911,8 141.2 1 Cil in ^3:0
Bernstein 8odadon Taauen a (corn, P.A.
Two Datran Center, Suite 1101
9130 S. Dadeland Blvd.
Miami, Florida 33156 DUCSYFOE ,r n,�.�„ :�4ir. ?rv7S,71
WTVEY MtJ1H, Qf Fr 0!kt Ot"IfYr rL
' TRf,7$TERB• DSF.f)
THIS INDSNTQRE is made the a L day of 1992,
by and between FIDUCIARY TRUST IMOR4ATIONAL OF THE SOUTH, a
Florida corporation, and ROBERT E. BORN, as Successor Trustees of
Trust "B" under the Will of Florence L. Garrison, deceased,
(•GrsntorO), whose post office address is International Place, 100
S.E. Second St., Suite 2300, Miami, FI, 33131-1101, Attn: Janie
Goldberg, V.P., and FORTUNE OF THE CHI, INC a Florida corporation
('Graatee°), whose post office address is 2719 N.N. 29 St., Miami,
FL 33142.
WITNESSM, that Grantor, for the sum of Ten ($10.00; Dollars
and other good and valuable consideration, has granted, bargained,
conveyed and sold to Grantee forever, that certain land and
improvements thereon situate and being in Dade County, Florida,
which land is more particularly described as follows;
AS SET FORTH ON SCHEDULE A ATTACHED HEREfO.
THIS CONVEYANCE is subject to:
1. Taxes for 1996 and subsequent years.
2. Applicable zoning, restrictions, prohibitions and other
requiraments imposed by governmental authority.
3. Restrictions and matters appearing on the Plat or otherwise
common to the subdivision.
4. Public utility easements of record.
TOGETHER with all the tenements, hereditaments and
}t appurtenances thereto belonging or in -anywise appertaining.
! To HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR does hereby covenant with Grantee that the
premises are free from all encumbrances made by them, except as
aforesaid, but against none other.
kVMMVER used herein the terms 'grantor" and 'grantee" include
all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the successors and
assigns of corporations; and singular shall include plural and
masculine shall include feminine, and'vice versa, as applicable.
1
TO
Description: Dade, FL Document -Book. Page 18054.2143 Page: 1 of 3 - Order: 8267 Comment:
12194
,r!
PLC, 1 57i'.L 44
18 1ulJ
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal the day and year first above written.
TM PRESENCE OF:
. EXECUT YN
ell*�
Printed Name:
j-0V#4PC:/1.y
Printed Name• •- )<,- 5!�_
C. / ) . " d Ilan u.- us,,
101,
P ed Name: d1L4yly
Printed Name :& i)_ -
FIDUCIARY TRUST INTERNATromo
OF THE SOM, a Florida
poration
qMIE M. GOLDBERCi,
Vice President, r ,�
Trustee
J
ROBERT E. KORN jJ
Trustee
NATE OF FLORIDA)
) :SS
COUNTY OF DADE )
The fore gor,g instrument
sworn to and acknowledged before me
this Z, day of �
, 1998, by JANIE M. GOLDBERG, as
Vice President of F3�U37i—CLARY TRUST INTERNATIONAL OF THE SCM, a
Florida corporation, as Successor Trustee of Trust •B* under the
Will of Florence L. Garrison,
deceased, who took an oath and i
personally know to me.
Notary Name:
�
�l -,.
Commission No.:
N tary Public
S to Florida
My commission expires:
-of
at Large n ,, c,,,
(SEAL) iu;i•.'er•'.N,F ..•,i:d
STATE OF FLORIDA)
.rhn , r.F.'• , �;' - : .rnc�
r 2,nt
COUNTY OF DARE )
v�L•1.:�,• -
The foregoing instrument sworn to and acknowledged before me
this QZ day of Matcy 1 1998, by ROBERT E. KORN, as
Successor Trustee of Trust 'B" under the Will of Florence L.
Garrison, deceased, who-.took-aa4atbraA,ia orally known o me.
r
Notary Dame: c.:._.•. ._ �
Commission No.; ' •,Y- "-•::' tprY Public
tate of Florida
My commission expiseetr ,�° : o L s t ,11,arge
,. _(SEAL)
2
3
Description: Dade, FC Document -Book. Page 18054.2143 Page: 2 of 3 - Order: 8267 Comment:
12194
SCHEDULE -
N.
1.8054NZ145,
ANUNDIVIDEDFXrfY (SON) PER CENT ZMZ= in the
following
described parcels of real estate:
1- Tax Poll* # 01-4104-012-0010
Lots I through 9, inclusive, Block 1, GROSSE
POINT HIGHLANDS, according to the Plat
thereof, as recorded in Plat Book 34, at Page
82, of the Public Records of Dade County,
Florida.
2. Tax Folio 0 01-4104-012-0020
Lot io, Block 1, GROSSE POINT HIGHLANDS,
according to the Plat thereof, as recorded in
Plat Book at Page 82, of the Public
.34,
Records of Dade County, Florida.
1,21-94
3. Tax Polio # 01-4104-012-0030
Lot 21, Block 1, GROSSE POINT HIGHLANDS,
according to the Plat thereof, as recorded in
Plat Book 34, at Page 82, of the Public
Records of Dade County, Florida.
4. Tax Folio # 01-4104-012-0040
Lot 12, Block 1, GROSSE POM HIGHLANDS,
according to the Plat thereof, as recorded in
Plat Book 34, at Page 82, of the Public
Records of Dade County, Florida.
S. Tax Polio # 01-4104-012-0170
Lot 25,. Block 1, CROSSE POINT HIGHLANDS,
according to the Plat thereof, as recorded in
Plat Book 34, at Page 82, of the Public
Records of Dade County, Florida.
6. Tax Polio # 01-4104-012-0420
Lots 1 through 9, inclusive, Block 3, GROSSE
POINT HIGHLANDS, according to the Plat
thereof, as recorded in Plat Book 34, at Page
82, of the Public Records of Dade County,
Florida.
SCHEDULE -
Description: Dade, FL Document -Book. Page 18054.2143 Page: 3.of3 -Order. 8267 Comment:
1,21-94
�1:.18pS��l46
�. 9BR 1624 1% 1998 AM 10 08:47
This Instrument Prepared By:
I Robert B. Born, Ssq. _
Bernstein godsdon Tanaea & Rosa, P.A.
Two Datran Center,,Suite 1101
913:2 S. Dadeland Blvd.
Miami, Florida 33156
OOCSTFOEE 3r9'P1.ttV 14MA '„925.119
TROBTBB s DBED MAWEY RIN1N, ;11(d. M. taMily FI
THIS IND}r TURE is made the day of et_ C , 19981
by and between BARBARA 800TH, as Successor Trustee Under Trust
Agreement dated November 15, 1984, with Gertrude Palbicke as
settlor, (•Ilsaator•), whose post office address is 1000 U.S.
Highway #1 North, #627, Jupiter Harbor, PL 33477 and FORTUNE OF THE
CBI, INC., a Florida corporation (*Grantee"), whose post office
address is 2719 N.W. 24 St., Miami, FL 33142.
W NESSETH, that Grantor, for the sum of Ten ($10.00) Dollars :I
and other good and valuable consideration, has granted, bargained, !
conveyed and sold to Grantee forever, that certain land and !
improvements thereon situate and being in Dade County, Florida,
which land is more particularly described as follows: ;I
• !IAS SET FORTH ON SCHEDULE A A1TACMZED HERETO.
THIS CONVEYANCE is subject to:
1. Taxes for 1998 and subsequent years.
2. Applicable zoning, restrictions, prohibitions and other
requirements imposed by governmental authority. j
3. Restrictions and matters appearing on the Plat or otherwise
common to the subdivision.
'i
4. Public utility easements of record. i
TOGETHER with all the tenements, hereditaments and
appurtenances thereto belerging or in anywise appe:tAining.
TO HAVE AND TO HOLD the same in fee simple forever. j
AND GRANTOR does hereby covenant with Grantee that the
premises are free from all encumbrances made by them, except as !
aforesaid, but against none other.
WMWEVER used herein the terms 'grantor, and 'grantee, include
all the parties to this instrument and the heirs, legal
representatives and assign- of individuals, and the successors and
assigns of corporations; and singular shall include plural and
masculine shall include feminine, and vice versa, as applicable.
{ ON o a rt.it' a.±6•c_,'?�::; yrA?•.' -q Sr:;' . •. _.•. ` t. r . • a ti r L1 . i•
�.r�l,,���'�'lrl fir; '' _ .. ... •�
i �:.��!^� g � .r•4 may. .. _ 1
Description: Dade,FL Document -Book. Page 18054.2146 Page: 1 of 3 - Order: 8267 Comment:
t
ss
PIC:18054FG2141-
• IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hated
and seal the day and year first above written.
EXECUTED IPI` PRESIIJ OF: �' t
BOOTH, Tr3stee !
Printed Name�R
�f
Printed Name:1J>'64//f, 11f4b d rr
STATE OF BIARIDA - )
) :SS
COMMY OF PALM BEACH)
The foregoing instrune t sworn to and acknowledged before me
thisi da of //�''/�'G l 1998, by BARBARA BOOTH, as
Successor Trustee Under Trust Agreementdated Nwember 15, 1984,
with Gertrude Palbicke as Settlor, who took an oath and is
personally known to me.
Notary NaIM
Cow►eaissio ary is
MUM74R:aID�Q>rState of FloridaMy cosmises: at Large
(SETiLl -
M=VAD 49V= -Aft t W_
rs�t�x�i�n,� ec
i
121 4
2
Description: Dade, FL Document -Book. Page 18054.2146 Page: 2 of Order: 8267 Comment:
121 4
i 80549Z 148
' AN ONDSVIDEQ gIP'Rt (SOM PLR CENT INTEREST in the following
described parcels of real estate:
1. Tax Polio # 01-4104-012-0010
Lots 1 through 9, inclusive, Block 1, GROSSE
POINT HIGHLANDS, according to the Plat
thereof, as recorded in Plat Book 34, at Page
82, of the Public Records of Dade County,
Florida.
2. Tax Polio # 01-4104-012-0020
Lot 10, Block 1,- GROSSE POINT HIGHLANDS, i
according to the Plat thereof, as recorded in
Plat Book 34, at Page 82, of the Public
Records of Dade County, Florida.
3. Tax Polio # 01-4104-012-0030
Lot 11, Block 1, GROSSE POINT HIGHLANDS,
according to the Plat thereof, as recorded in
Plat Book 34, at Page 82, of the Public
Records of Dade County, Florida.
4. Tax Polio # 01-4104-012-0040
Lot 12, Block 1, GROSSE POINT HIGHLANDS,
according to the Plat thereof, as recorded in
Plat Book 34, at Page 82, of the Public
Records of Dade County, Florida.
5. Tax Polio # 01-4104-012-0170
Lot 25, Block 1, GROSSE POINT HIGHLANDS,
according to the Plat thereof, as recorded ir.
Plat Book 34, at Page 82, of the Public
Records of Dade County, Florida -
6. Tax Polio # 01-4104-012-0420
Lots 1 through 9, inclusive, Block 3, GROSSE
i POINT HIGHLANDS, according to the Plat
thereof, as recorded in Plat Book 34, at Page
82, of the Public Records of Dade County,
Florida.
� SCBEDIILE A
«�.. .. ...ri tea►: etic-
Ri
I d,
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Description: Dade,FL Document -Book. Page 18054.2146 Page: 3 of - Order. 8267 Comment.
12194
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Description: Dade,FL Document -Book. Page 18054.2146 Page: 3 of - Order. 8267 Comment.
12194
d4AR1HWA.2MW.ATF0RWV AT1AW
iJW S.W. LEOJM ROAD. RM 3W
r30RALOMM.FL 31LU t
Ftocd to N,eab= 01-4104-012-0160
C—nmrb5--o.�VK 40 V
Warranty Deed
Uh Iadeature, Made this -l'day or Apri 1,1998 A D . 8etwm-
FLORENCE a. DAVIS, a single woman, and JAYNE BUNNIE DAVIS BROOKS,
a narried woman,
amocamycr xiami-Dade w�eaa Florida ,grantom Md
FORTUNE OF THE CHI, IIM., a Florida corporation,
4,-18051'%33204
t
98R 159337 1996 APR 03 12120
DOCSTM 810.00 8= 0.00
WWI MINP QW WE CUMP, FL
whwommiL2719 11 W 24 Street, MIMI, Florida 33142
ordxcouatyor MIAMI-DADE sewa Florida .gr"Im
VdtMSdb chat the GRAMDR4.rm acd m maad,aasoa dthc tar - - - - - - - - - - - - - -
—— — — — — —- — TEN &NO/100(510.00) — — — — —— —— —— Drx"RS
.adobe,Booeud.Au.wcm=Wtmb wGRa^rroitSmwapcdby GAAHiiZ' usmeuyc.humrbburbyadmoWo/R ftM
pat"A o:rQuaodnd tete to de cad GRAMM sd GRANIM a ocmo uA argot tore.cr. the ra0m* dam'ba Und,
arnk yiranadhetermtwcaautyal Miami -Dade sarerr Florida tear.
Lot 24, Block 1, of GROSSE POINTE HIGHLANDS, according to the
Plat thereof, as recorded in Plat Book 34, Page 82, of the
Public Records of Dade County, Florida.
Subject to restrictions, reservations and easements of record,
if any, which are not reinposed hereby, and taxes subsequent to
Decei7ber 31st, 1997.
The property does not constitute the homestead of the grantor,
JAYNE BUNNIE DAVIS BROOKS, who resides with her husband GARY at
20810 S W 114 Ct., Miami, FL 33189.
*coccpPM A0W& ant
W -CMV W='
W&Y R"
o rpxe,pr, rcwwr
and the pentam dD hereby lily wanes dx ca's to tad baa. aad.dt dd.4 the Mm tdauia h.M dem+ Of da ycnow alaeuowa.
Ie MMM {YhW CeP, W paten b..c bnc to @err b— end ae.bdcc 46y aad 7u* net alae +ntun
S.�ted. s d m ed In ow pmcam
C. A. RI Y FLORENCE B. DAVIS
witness a to Both FOAddas 1p3�1U ttdfeml(i1 7119y
MA 0
A Cho -
S. A. RILEY BONNIE DAVIS BROOI
Witness as to F.0 Ad&W =US w yes COMM heamt. FL 3W
STATE OF Florida
COMY OF Miami -Dade f
the dorc, , oro
.a Wtekagd race am thn 1-u der d April, 1998 by
FLORENCE S, DAVIS, a single woman, and JAYNE BUNNIE DAVIS BROOKS, a
married woman,
.Aa cc pcaoeaty keoua ro ®e oroLa.e c pimo ed Aar Floridaa' drriiv.�G o e� ll icense
RiAR6JY C A. Ritzy
NOlAKyP.lB�dP,1Td4il0�A UITREN`(,E A
pp troraeYWBtIG
NY � n MyGmairirm>� 04j23/00
DAVIS-FORTUNE
i
Description: Dade, FL Document -Book. Page 18051.3204 Page: 1 of 1 - Order. 8267 Comment:
21ful
PZ 5
SECOND READING
ZONING FACT SHEET
Case Number: 2001-0486 03 -Dec -01 Item 5
Location: Approximately 2725, 2731 & 2733 NW 6 Street
Legal: (Complete legal description on file with the Hearing Boards Division)
Applicant: Bob de la Fuente, Esq., on behalf of
201 S. Biscayne Boulevard
#2600
Miami, FL 33131
APP• U —
Zoning: R-1 Single-family Residential
SD -12 Buffer Overlay District
Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 4, Section 401, Schedule of District
Regulations, from R-1 Single Family Residential with an SD -12 Buffer
Overlay District to C-1 Restricted Commercial.
Purpose: This will provide for a unified commercial development site.
Recommendations:
Planning Denial.
Public'Works: No comments.
Plat and Street Committee: N/A.
Dade County No comments.
Enforcement History, If any Case No: Last Hearing Date
Found
Violation(s)
Ticketing Action:
Daily $0.00 Affidavit Non -Compliance Issued
Warning Letter sent
Total Fines to $0.00 Lien Recorded Comply Order
CEB Action:
History: The Planning Advisory Board recommended denial to the City Commission
on November 14, 2001, by a vote of 4-2.
Analysis: Please see attached.
Zoning Board Resolution No: ZB 2001-0484
Zoning Board: Recommended denial to City Commission. Vote: 7-2
City Commission: Passed First Reading on January 24, 2002.
12194
ANALYSIS FOR ZONING CHANGE
Approximately 2725, 2731 and 2733 NW 6th Street.
CASE NO: 2001-0486
Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed
for an amendment to the Zoning Atlas as follows:
The request is to change the Zoning designation as follows:
Lots 23, 24 and 25 on Block 1, GROSSE POINTE HIGHLANDS (34 - 82), from R-1
"Single -Family Residential" to C-1 "Restricted Commercial".
The following findings have been made:
• It is found that the subject properties are currently under the same ownership of the
immediately adjacent lots to the east and north, facing NW 7th Street and NW 27th
Avenue, both major transportation corridors.
• It is found that the subject properties front is on NW 6th Street, and that the character
of this street is residential.
• It is found that the potential commercial activities created by this amendment will be
an intrusion into the existing residential neighborhood.
• It is found that at the present time, the commercially designated areas, north and east
of the subject properties have sufficient capacity to accommodate commercial uses
without the intrusion into a stable residential neighborhood.
Based on these findings, the Planning and Zoning Department is recommending
denial of the application as presented.
1.2194
ANALYSIS FOR ZONING CHANGE
CASE NO. 2001-0486
Yes
No
N/A
❑
0
❑
In harmony with Comp. Plan; does not require amendment.
❑
0
❑
In harmony with established land use.
❑
F
❑
Is related to adjacent and nearby districts.
❑
F
❑
Is within scale with needs of. neighborhood or City.
❑
❑
Maintains similar population density pattern..
❑
W
❑
Existing district boundaries are illogically drawn.
❑
F-/�
❑
Changes or changing conditions that make change necessary.
❑
F-/�
❑
Positively influences living conditions in neighborhood.
❑
O
❑
Has similar impact on traffic; does not affect public safety.
❑
0
❑
Has similar impact on drainage.
❑
Se
❑
Has similar impact on light and air to adjacent areas.
❑
0
❑
Has similar impact on property values in adjacent areas.
❑
W
❑
Contributes to improvement or development of adjacent property.
❑
Se
❑
Conveys same treatment as to owners within same classification.
❑
❑
Property is unfairly limited under existing zoning.
❑
❑O
❑
Difficult to find other adequate sites in surrounding area.
❑
❑
❑
❑
a
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
Miami Zoning Board
Resolution No.: 2001-0484
Monday, December 3, 2001
Mr. Allan Shulman offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF
THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 33, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-1 SINGLE FAMILY
RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2725, 2731 AND
2733 NORTHWEST 6T" STREET, LEGALLY DESCRIBED AS LOTS 23, 24 AND 25, BLOCK 1,
GROSSE POINTE HIGHLANDS (34-82), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA,- ZONED R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY
DISTRICT.
Upon being seconded by Mr. Rodolfo de la Guardia,
the motion was passed and adopted by the following vote:
Mr. Rodolfo De La Guardia
Mr. Charles J. Flowers
Mr. Joseph H. Ganguzza
Mr. Charles A. Garavaglia
Ms. Ileana Hemandez-Acosta
Mr. Humberto J. Pellon
Mr. Juvenal A. Pina
Mr. Allan Shulman
Mr. Angel Urquiola
Mr. Georges Williams -
Yes
No
No
Yes
Yes
Null
Yes
Yes
Yes
Yes
AYE: 7
NAY: 2
ABSTENTIONS: 0
NO VOTES: 1
ABSENT: 0
Ms. Fernandez: Motion carries 7-2
Teresita L. Fernandez, Executive Secr
Department of Planning and Zoning
Hearing Boards Division
Case No. 2001-0486 Item Nbr: 6
12194
Section 2210. Nature and Requirements of Zoning Board
Report to City Commission
Circle appropriate condition(s):
When pertaining to the rezoning of land under application made under Article
22, the report and recommendation of the Zoning Board shall show that the
Zoning Board has studied and considered, where applicable, whether or not:
a) The proposed change conforms with the adopted Miami
Comprehensive Neighborhood Plan and does not require a plan
amendment.
b) The proposed change is in harmony with the established land use
pattern.
c) The proposed change is related to adjacent and nearby district.
d) The change suggested ris not out of scale with the needs of the
neighborhood or the city.
e) The proposed change maintains the same or similar population density
pattern and thereby does not increase or overtax the load on public
facilities such as schools, utilizes, streets, etc.
f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
g) Changed or changing conditions make the passage of the proposed
change necessary.
h) The proposed change positively influences living conditions in the
neighborhood.
i) The proposed change has the same or similar impact on traffic and does
not affect public safety to a greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the
existing classification.
k) The proposed change has the same or similar impact on light and air to
adjacent areas as the existing classification.
1) The proposed change has the same or similar impact on property values
in the adjacent area as the existing classification.
m) The proposed change will contribute to the improvement or
development of adjacent property in accord with existing regulations.
12194
n) The proposed change conveys the same treatment to the individual
owner as to owners within the same classification and the immediate area
and furthers the protection of the public welfare. _
o) There are substantial reasons why the use of the property is unfairly
limited under existing zoning.
P) It is difficult to find other adequate sites in the surrounding are for the
proposed use in districts already permitting such use.
Motion: After considering the factors set forth in Section 2210 of Ordinance
11000, 1 move that the, request on agenda item # (g, be
recommended to the City Commission for (approval) (denial).
Signature Print Name
6
Agenda Item
Dat
12194
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