HomeMy WebLinkAboutO-12007J-00-856
10/16/00
ORDINANCE NO. 12007
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING THE LAND USE DESIGNATION
OF THE PROPERTY LOCATED AT APPROXIMATELY
5932 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA,
FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL";
MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board, at its meeting of
September 20, 2000, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 43-001 by a vote of six to zero (6-0),
RECOMMENDING APPROVAL of an amendment. to the Future Land Use Map
of Ordinance No. 10544, as amended, the Miami Comprehensive
Neighborhood Plan 1989-2000, a-s 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 Comprehensive Neighborhood Plan -change as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
--C T'Q IMED 12007
and incorporated as if fully set forth in this Section.
Section 2. The` Future Land Use Map of Ordinance
No. 10544, as amended, the Miami Comprehensive Neighborhood Plan
1989-2000, is hereby amended by changing the land use designation
from "Medium .Density Multifamily Residential" to "Restricted
Commercial" for the property located at approximately 5932
Northeast 2nd, Avenue, Miami, Florida, more particularly
described in Exhibit "A", attached and incorporated herein by
reference.
Section 3. It is hereby found that this Comprehensive
Neighborhood Plan designation change:
(a) Is necessary due to changed or changing conditions;
(b) Involves a residential land use of 10 acres or less and
a density of less than 10 units per acre or involves
other land use categories, singularly or in combination
with residential use, of 10 acres or less and does not,
in combination with other changes during the last year,
produce a cumulative effect of having changed more than
60 acres through the use of "Small Scale Development"
procedures;
(c) Is one which involves property that has not been the
specific subject of a Comprehensive Neighborhood Plan
change within the prior twelve months;
(d) Is one which does not involve the same owner's property
within 200 feet of property that has been granted a
Comprehensive Neighborhood Plan change within the prior
twelve months;
Page 2 of 4 1200 7
(e) The proposed amendment does not involve a text change
to goals, policies, and objectives of the local
government's Comprehensive Neighborhood Plan, but
proposes a land use change to the future land use map
for a site -specific development; and
(f) Is one which is not located within an area of critical
state concern.
.Section 4. The City Manager is hereby directed to
instruct the Director of the Department of Planning and Zoning to
immediately transmit a certified copy of this Ordinance and the
public notice published after its adoption on second reading to
the Secretary, Florida Department of Community Affairs, the
Executive Director, South Florida Regional Planning Council,
Hollywood, Florida, the Executive Director, South Florida Water
Management District, West Palm Beach, Florida, the Secretary,
Department of Transportation, Tallahassee, Florida, and the
Executive Director, Department of Environmental Protection,
Tallahassee, Florida.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. 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.
12007
Page 3 of 4
Section 7. This Ordinance shall become effective thirty-
one (31) days after second reading and adoption thereof pursuant
and subject to §163.3187(3)(c), Fla. Stat. (1999)."
PASSED ON FIRST READING BY TITLE ONLY this 16th day of
November , 2000.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of December , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said 5ZP)
^ow
becomes effective with the elapse of ten (10) da :� rom the f Ccion
regarding same, without the Mayor exercih et0.
ATTEST:
City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVED�O FO�A�D CORRECTNESS:V
RO VILAB
IT AT
XA--:me
TORNEY
94a:BSS
�i 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
EXHIBIT " A "
LEGAL Z:WSQR/P77(n" .
BEGIN AT A POINT 25 FEET WEST AND 749.94 FEET SOUTH Ole THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN WEST 146.49
'.-'EET; THEI4CE RUN SOUTH 101.51 FEET; THENCE RUN EAST 147.00
1�' ET; THENCE RUN NOMI'H 104.35 FEET TO THE POINT OF
BEGINNING, LYING AND BEING IN DADE COUNTY, FLORIDA; SU13JEM'
TO DEDICATION FOR STREET AND/OR SIDEWALK PURPOSES OVER
Tl' IE EAST 10 FEET DEDICATION FOR STREET AND/OR SIDEWALK
PURPOSES OVER THE EAST 10 FEET DEDICATED TO THE CITY OF
MIAMI BY DEED ►AILED APRIL 7, 1958, UNDER CLERICS FILL NO. 58R-
54 138 AND SUBJECTALSO TO AN EASEMENT FOR INGRESS AND
.,'ORESS OVER THE NORTH 8 FEET AND THE SOU1'11 8 FEL"I',
PURSUANT TO DECREE DATED FEBRUARY 10, 1939, AND ENTERED
IN CHANCERY CASE NO. 52803; ALSO. KNOWN AS 5932 NE 2 AVENUE,
I1:IAMI, FLORIDA. LESS THE EAST 107.40 FEET THEREOF.
12007
PZ-7
SECOND READING
PLANNING FACT SHEET
APPLICANT Mr. Sergio Caceres, for Christian Neptune.
HEARING DATE September 20, 2000.
REQUEST/LOCATION Amendment to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan Map.
LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Office.
PETITION Consideration of amending Ordinance 10544, as amended, the
Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) by
amending the Future Land Use Map by changing the land use
designation for the property located at approximately 5932 NE 2n4
Avenue from "Medium Density Multifamily Residential" to
"Restricted Commercial'.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please, see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval VOTE: 6-0
CITY COMMISSION N/A
APPLICATION NUMBER 2000-043 Item #1
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW e' AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
9/13/00 Page 1
12007
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 5932 NE 2nd Avenue.
Annlication No. 00-13
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "Medium Density Multifamily
Residential' to "Restricted Commercial'. The subject property consists on a strip of land
at the rear of the lots fronting NE 2Id Avenue (Complete legal description on file at the
Hearing Boards Office).
Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established
future land use categories according to the Future Land Use Plan Map and the
"Interpretation of the Future Land Use Plan Map". The subject property is currently
designated "Medium Density Multifamily Residential"; to the north, west and south, the
area is designated "Medium Density Multifamily Residential "; to the east, the area is
designated "Restricted Commercial'.
The Medium Density Multifamily Residential land use category allows residential
structure of up to a maximum density of 65 dwelling units per acre, subject to the
detailed provisions of the applicable land development regulations and the maintenance
of required levels of service. Supporting services such as community -based residential
facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation
facilities) will be allowed pursuant to applicable state law; community -based residential
facilities (15-50) clients and day care for children and adults may be permissible in
suitable locations. Permissible uses within medium density multifamily areas also include
commercial activities that intend to serve the retailing and personal services of the
building or building complex; places of worship, and primary and secondary schools, and
accessory post -secondary educational facilities are also permissible in suitable locations
within this land use designation.
1200'7
The '"Restricted Commercial" category accommodates commercial activities that
generally serve the daily retailing and service needs of the public, typically requiring easy
access by personal auto and often located along arterial or collector roadways. Residential
uses equivalent to High Density Multifamily Residential, up to 150 dwelling units per
acre, including hotels, are also permissible within this land use category. Commercial
uses include general retailing, personal and professional services; real estate; banking and
other financial services; restaurants; saloons and cafes; general entertainment facilities
and private clubs and recreation facilities whose scale and land use impacts are similar in
nature to those uses described above. Other permissible land uses include motels and
hotels; community based residential facilities; offices; major sports and exhibition or
entertainment facilities; places of'worship and primary and secondary schools. Mixed -
uses containing commercial, .office and/or residential are also permissible within this land
use designation.
The Planning and Zoning Department is recommending APPROVAL 'of the.
application as presented based on the following findings:
• It is found that immediately adjacent to the east, the area is designated "Restricted
Commercial" and is under the same ownership as the subject property.
• It is. found that the Land Use designation boundary line which separate the Residential
designation from the Commercial designation divides the entire property, thus
rendering it difficult to develop in a cohesive manner.
• It is found that the subject property is only a strip of land at the rear of the lots
fronting NE 2"d Avenue with no direct access to'2ed Avenue.
• It is. found that the change to "Restricted Commercial" will represent an extension of
that category that will. give .direct access to 2nd Avenue'to the subject property.
s It is found that the requested change to "Restricted Commercial" will increase the
possibility of the subject properties being .developed and enhanced in a manner, that
will directly benefit the adjacent area.
• It is found that this application 'is supported by MCNP Objective LU-1.3 which
requires the City to encourage commercial development within existing commercial
areas.
These findings support the position that the existing land use pattern in this neighborhood
should be changed.
2 12007
a
•
It also should be stated, that whereas: MCNP Land Use Policy 1.1.1. requires development
or redevelopment, that results in an increase in density or intensity of land use, to be
contingent upon availability of public facilities and services that meet or exceed the
minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy
1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to
concurrency demonstrates that no levels of service would be reduced below minimum
levels.
3 12007
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING 8 ZONING DEPARTMENT
Proposal No. 00-13 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 08/25/00 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant: Christian T. Neptune
RECREATION AND OPEN SPACE
Address: 5932 N.W. 2 Ave.
Population Increment, Residents
13
Space Requirement, acres
0.02
Boundary Streets: North: East: N.E. 2 Ave.
Excess Capacity Before Change
182.80
South: West:
Excess Capacity After Change
182.78
Proposed Change: From: Medium Density Residential
Concurrency Checkoff
OK
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.06 acres @ 65 DU/acre
4 DU's
Population increment, Residents
13
Peak Hour Person -Trip Generation, Residential ..
2
Transmission Requirement, gpd
2,936
Other 6 sq.ft.@ 0 FAR
0 sq.ft.
Excess Capacity Before Change
>2% above demand
Peak Hour Person -Trip Generation, Other
0
Excess Capacity After Change
>2% above demand
Concurrency Checkoff
OK
Proposed Designation, Maximum Land Use Intensity
Residential 0.06 acres @ 150 DU/acre
9 DU's.
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential
5
Population Increment, Residents
13
Other 0 sq-fL@ 0 FAR
0 sq.ft.
Transmission Requirement, gpd
2,425
Peak Hour Person -Trip Generation, Other
0
Excess Capacity Before Change
See Note 1.
Excess Capacity After Change
See Note 1..
Net Increment With Proposed Change:
Concurrency Checkoff
WASA Pennit Required
Population
13
Dwelling Units
5
STORM SEWER CAPACITY
Peak Hour Person -Trips
3
Exfiltration System Before Change
On -site
Exfiftration System After Change
On -site
Planning District Little
Haiti
Concurrency Checkoff
OK
County Wastewater Collection Zone
308
Drainage Subcatchment Basin
E2
SOLID WASTE COLLECTION
Solid Waste Collection. Route
4
Population Increment, Residents
13
Transportation Corridor Name Biscayne
Solid Waste Generation, tons/year
17
Excess Capacity Before Change
500
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
483
Concurrency Checkoff
OK
Land Use Policy 1.1.1
CIE Policy 1.2.3
TRAFFIC CIRCULATION
Population Increment, Residents
13
Peak -Hour Person -Trip Generation
3
LOS Before Change
B
LOS After Change
S.
Concurrency Checkoff
OK
NOTES
ASSUMPTIONS AND COMMENTS
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department (WASA).
Excess capacity, if any, is currently not known
Population increment is assumed to be all new residents. Peak -period trip
generation is based on ITE Trip Generation, Sth Edition at 1.4 ppv average
occupancy for private passenger vehicles. Transportation Corridor capacities and
LOS are from Table PT-2(R 1). Transportation Corridors report.
Potable water and wastewater transmission capacities are in accordance with
Metro -Dade County stated capacities and are assumed
comet. Service
cormeetions to water and sewer mains are assumed to
be of adequate size: if not,
new connections are to be installed at owners expense.
Recreation/Open Space acreage requirements are assumed with proposed
change made.
CM 1 IN 03/13/g
4200 7
RESOLUTION PAB -43-00
A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION
TO AMEND ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE
FUTURE LAND USE MAP BY CHANGING THE LAND USE
DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY
5932 NE 21 D AVENUE FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL".
HEARING DATE: September 20, 2000
ITEM NO.: 1
VOTE: 6-0
ATTEST
a Gelabert-Sanchez, Dk&tor
Planning and Zoning Department
11R
4,�
ou
a
a
111 111IMMMINIi,
11
CITY OF MIAMI 00 _ (3
OFFICE OF HEARING BOARDS
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
..ONN..`r.N..QO*1MOMM.00..O..00N..N1Mi0MN..tO.�00.N..�N...O.HV.se��.�t.MNNNMN�
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 CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE,
MIAMI, FLORIDA, 33133.
NOTE: 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. APPLICANTS
ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE
TO ANY PRESENTATION BEFORE ANY BOARD OR COMMITTEE AND THE CITY COMMISSION.
1, Section 62-32 of the Code of the City of Miami, periodic review of the adopted
comprehensive plan and adoption of evaluation and appraisal report reads as follows:
(a) Periodically, but not less often than once in five years or more often than once in two
years, the comprehensive plan shall be reviewed, evaluated and appraised by the
planning advisory board to determine whether changes in the amount, kind or
direction of development and growth of the city or area thereof, or other reasons,
make it necessary or beneficial to make additions or amendments to the
comprehensive plan. The Planning and Zoning Department shall prepare an
evaluation and appraisal report for the planning advisory board which shall evaluate
the comprehensive plan pertaining to the major problems of development, physical
deterioration and the location of land uses and the social and, economic effects of
such uses; the status of each element of the comprehensive plan; the objectives of
the comprehensive plan compared to actual results and the extent to which
unanticipated and unforeseen problems and opportunities occurred; all as compared
between the date of adoption and the date of the report. The report shall suggest
that changes needed to update the comprehensive plan including reformulated
objectives, policies and standards.
(b) The planning advisory board may recommend the report as presented, modify the
report or reject the report in duly noticed public hearing pursuant to the procedures in
Section 62-31.
(c) The city commission shall adopt, or adopt with changes, the report or portions thereof
by resolution in public hearing within 90 days after the planning advisory board date
of recommendation. The city commission shall thereafter amend the comprehensive
plan based on the recommendation in the evaluation and appraisal report. Adoption
of the report and recommended amendments to the plan may be made
simultaneously pursuant to section 62-31 or if not simultaneous, the evaluation and
appraisal report, shall contain a schedule for adoption of. the recommended
amendments within one year.
See also Article 22 of the Zoning Ordinance.
2. Two original surveys, prepared by a State' of Florida Registered Land Surveyor within one
year from the date of application.
• 3. Surveys need to be stamped by the Office of hearing Boards and signed by Public Works,
Zoning and Planning,prior to submittal of application.
4. Affidavit and disclosure of'ownership of property covered by application -and disclosure of
interest (see attached form).
5. Complete application should be reviewed and initialed by Planning designee prior to
submittal.
6. Cost of processing, according to Section 62-156 of the Zoning Ordinance:
Conservation, recreation, residential single-family duplex $ 300.00
Residential medium density multifamily $ 450.00
Residential high density multifamily, office,
major public facilities,.transportation/utilities $ 550.00
Commercial/restricted, commercial/general and industrial $ 650.00
Commercial (CBI?) $ 1,200.00
Surcharge for adverting each item $ 1,200.60,
Public. hearing mail notice fees, including cost of
handling and mailing per notice $ 3.50
7. This petition is proposed by: ".
( ) Planning and Zoning Department
(x, Other (Please specify): OWNER
8. The subject property is located at: 5932 N. E, 2 AVE. Miami, FL 33137
Folio number: 0131130000190
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) See attached exhibit " A "
Block(s)
Subdivision
do(es) respectfully petition and request: Change of the Future Land Use of the Comprehensiv
Neighborhood Plan
9. The undersigned being the owner or the representative of the owner, of the subject property
do(es) respectfully request the approval of the City of Miami for the following amendment(s)
to the Miami Comprehensive Neighborhood Plan for the above -described property as
indicated in the Land Use Plan:
FROM: mT)pn-,ity-Multl family Residential.
TO: Restricted Commercial
10. Please supply a statement indicating why you think the existing plan designation is
inappropriate:
The existing plan designation of meduan density-mdti faanily is imrrprvv priate
due to the fact there is no street access.The only way to have access is t =
the Restricted Camercial portion of the property.
11. Please supply a statement. justifying your request to change the plan to your requested plan
designation.
The.proMsed- Plan change to Restricted Caffmercial will allow access to the
entire property in order to develop.
12. What is the acreage of the property being requested for change in plan designation?
The acreage of the property requesting for a change is : .06 acres
13. Has the designation of this property been changed in the last year? NO
.1
14. Do you own any other property within 200 feet of the subject property? Y" If yes,
has this other property been granted a change in plan designation within the last twelve
months? rio
15. Have you made a companion application for a change of zoning for the subject property with
the Office of Hearing Boards? YES
3
12,007
AFFIDAVIT
ESTATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADS }
Before me, the undersigned authority, this day personally appeared cBgTSTTAN T _ NEpmtmg ,
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described.and listed on the pages attached to 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.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the real property of which he/she 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.
j
Further Affiant sayeth not. \
Appil nt's Sign re
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 2 day of MLLV
49 ?.ar. , by C_I+<z1szl 4Al 'C'• NFPTV14E who is personally known to me or who has
produced fL 4- Val 135- it 4t 254 D , as identification and who did (did not) take an oath:
OW
my MNISSM Name:
EORES:March7,2004 Notary Public -State of Florida
Commission No.:
`"��' My Commission Expires:
•
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this �L' day of ✓� i
20 CC , by c hy_isTtat� 1 . who is personally
known to me or who has produced
as identification and who did (did not) take an oath.
",•"� SERGIO A. CACERES
MY COMMISSION * CC 916W
EXPIRES. McXh 7, 2004
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Name)
Notary Public -State of Florida
Commission No.:
My Commission Expires:
The foregoing instrument was acknowledged before me this day of _
20 , by of
a
go[nora ion 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of _
20 , by partner
behalf of
He/She is personally known to me or who has produced
as identification and who did (did not) take an oath.
(or agent) on
a partnership.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
3 12007
0 .0
OWNER'S LIST
Owner's Name CHRISTIAN T. NEPTUNE
Mailing Address 5961 N.E. 2 AVE Zip Code 33137
Telephone Number (305) 759-5381
Legal Description: 01-3218-016-0030 : Lot 3 Blk 13 Pierces Lemon_ City PB43 & 2-21
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 375 feet of the subject site is listed as follows:
Street Address Legal Description
tit A
Street Address
Street Address
Legal Description
Legal Description
4 12007
1. Legal description and street address of subject Teal property: 5932 N.E. 2 AVE
Folio #: 0131130000190
Legal Description: See Attached Exhibit " A "
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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,
Christian T. Neptune
5961 N.E. 2 AVE
Miami, FL 33137
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 375 feet of the subject real property.
Folio#: 0132180160030
Lot 3 BLK 13 Lemon City
PB B43 & 2-21
Own or Atto ey for er
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument was acknowledged before me this 2- day of Knr
I, z cc by cf- ttC_,L,�-uan 'i"= tAEPil:(lt who is personally known to me or who has
produced 1=L:#k IQ 135 - ik Sc- yt , 2Z-,4 • C as identification and who did (did not) take an oath.
SERGIO A cACERES
MY COMMISSION# CC 916827
EXPIRES: March 7, 2004
Bonded Thru Notary Pubk urbarwdt rs
Notary Public -State of Florida
Commission No.:
My Commission Expires:
1200''l
F9582 m95fiET. 84ITEy� Q y� NE: ( 3012A �}( SURVEY NO.
(90B)ZZa3t7/ 66 -MU
LAND SURVEYORS SHEET NO. � OF
EXKIBIT " A "
LEa44, 9,rs4eils�177CvV .'
LEGIN AT A POINT 25 FEET WEST AND 749.94 FEET SOUTH OFTHE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 53 SOUTH, RANGE 41 EAST; THENCE RUN WEST 1,16.49
'.� TET; THENCE RUN SOUTH 101.51 FEET; THENCE RUN EAST 147.00
i1'i�L'T'; THENCE RUN NOIl'1'H 104.35 FEET TO THE POINT OIL
BEGINNING, LYING AND BEING IN DADE COUNTY, FLORIDA; SUBJECT
TO DEDICATION FOR STREET AND/OR SIDEWALK PURPOSES COVI It
T11E EAST 10 FELT DEDICATION FOR STREET AND/OR SIDEWALK
PURPOSES OVER THE EAST 10 FEET DEDICATED TO THE CITY OIL
MIAMI BY DEED ii'ILED APRIL 7, 1958, UNDER CLERK'S FILE NO. 581"'-
�4138 AND SUBJECT ALSO TO AN EASEMENT FOR INGRESS AND
"'TRESS OVER THE NORTH 8 FEET AND THE SOUTH 8 FEL"1',
PURSUANT TO DECREE DATED FEBRUARY 10, 1939, AND. ENTERED
IN CHANCERY CASE NO. 52803; ALSO. KNOWN AS 5932 NE 2 AVENUE,
R:IAMI, FLORIDA. LESS THE EAST 107.40 FEET THEREOF.
12007
PERSONAL REPRESENTATIVE'S DE ED
THIS INDENTURC made this /j�— day of WI/AW 1999, between
BARBARA ANN WRIGHT, as Personal Representative of the Estate of GENNELL PASLEY,
Deceased, hereinafter called "Grantor", and CHRIST1AN T. NEFI UNE, whose Post Office Address
is 290 N.E. 108 Street, Miami, Florida 33161, hereinafter called "Grantee:", (wherever used
herein, the singular shall include the plural and gender shall include masculine, feminine, and
neuter, as the context requires).
The Grantor, pursuant to the power of sale, set forth in the Will of the Decedent dated
January 30, 1984, and acting under authority granted in that certain Court Order entered in the
Estate of GENNELL PASLEY, Deceased, Case No. 99-795 (04), Probate Division. Circuit Court for
Dade County, dated March 16, 1999, and in consideration of the sum of TEN AND NO/1(N) DOLLARS
($10.00) and other good and valuable consideration in hand paid by Grantee, the receipt of which
is hereby acknowledged, does hereby grant, bargain, sell, convey and transfer to the Grantee and
the Grantee's heirs, . successors, and,. assigns forever the following described red property located
in Dade County, Florida:
Begin at a point 25 feet West and 749.94 feet South of the Northeast corner of the
Southeast Quarter of Section 13, Township 53 South, range 41 East; thence run West
146.49 feet; thence run South 10151 feet; thence run East 147.00 feet; thence run
North 104.35 feet to the point of beginning, lying and being in Dade County, Florida;
subject to dedication for street and/or sidewalk purposes over the East 10 feet
dedicated to the City of Miami by Deed filed April 7, 1958. under Clerk's File No.
58R-54138 and subject also to an easement for ingress and egress over the North 8 feet
and the South 8 feet, pursuant to decree dated February 10, 1939, and entered in
Chancery Case No. 52803; also known as 5932 N.E. 2nd Avenue, Miami, Florida.
Subject to: 1. Taxes for the year 1999 and subsequent years;
2. Conditions, restrictions, limitations, reservations and casements of record.
TOGETHER with all and singular the tenements, hereditaments and appurtenances thcrcunlo
belonging or in anywise appertaining, and all the right, title, interest, claim and demand
whatsoever which the Grantor has in and to said property.
TO HAVE AND TO HOLD the same unto the Grantee and Grantee's heirs, successors and assigns
forever.
IN WITNESS WHEREOF, the Grantor has set hand and seal on the day and year first above
written.
Signed, sealed and delivered
in -the presence of. -
-
Print Name: �./L'X y :� �'/�/!✓
Print Nancm
STATE OF ILLINOIS
COUNTY OF CHAMPAIGN
BARBARA ANN WRIGITT, as Peisonal Represcn-
tativc of the Estate of GENNELL PASLEY,
103 E. Sherwin Drive, Urbana, IL 61801
REco.or"W"'OURECOR03800K
C, OADE CCXWrYi
RECORD vERr$D' :
HARVEY RUVIN
CLERK ClRCUrr COURT
THE FOREGOING instrument was acknowledged before me on Ap q / / , 1999,
by BAR13ARA ANN WRIGHT, as Personal Representative of the Estate of Genncll Pasley, Decease!,
and who is personally kppwn to me or who has produced the following as identification: .Illinois
Driver's License Number bb''UUL z� ? -- s4,1 3 —a 7 9Zf
Commission No./Expiration:
=7G'��d
NPrepared by. M
Edward G.
45 N.W. 8 Street, Suite 107`t'
Homatend, Florida 33030
TNcpbone No. (305) 246-4630
Rpiu— -i
`)Cz> 'WF
Notary Public:
Print Name: U 1CX Y G _ ('p rl A/
12007
.0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 12007
in the ........... XXXXX ...................... Court,
was published in said newspaper in the issues of
Dec 29, 2000
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
apublicatio
post office in Miami in said Miami -Dade
ri , for a period of one year next preceding the
at' n of the attached copy of advertisement; and
says that she has neither paid nor promised
,firm or rporation any discount, rebate, com-
refund f he purpose of secu ing this advertise-
rblicatio i the said newspape
/ n to and suVcriba me this
29da ecemb 2000
A.D.........;,
r�
Williams ersona Wd% ER YSEAL
JANETT ENA
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 912958
_CITY OF MIAMI, FLORIDA �-
INOTICE OF PROPOSED ORQINANCES,
II interested persons will take notice, that on the¢14thCof, Dec�rr ber,;
2000, the City Commission of• Miami, Florida adopt64-A6'_,0 owingtitled
ordinances:
-ORDINANCE N0.12000.
CP
AN EMERGENCY.ORDINANCE OF THE=MIAM1 dlTY COM-
MISSION AMENDING ORDINANCE NO: -11557, AS=A16END (�
ED,. ADOPTED OCTOBER 14, 1997, WHICH ESTABIOSHkb s
INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A'
SPECIAL REVENUE FUNDENTITLED: "STOP VIOLENCE
AGAINST WOMEN," TO INCREASE APPROPRIATIONS, IN
THE AMOUNT OF:$60,092, CONSISTING OF A GRANT FROM
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN
THE AMOUNT OF $44,886.AND IN -KIND. -SERVICES MATCH
IN THE AMOUNT OF$15,206; AUTHORIZING THE CITY MAN-
AGER TO: (1) ACCEPT SAID GRANT AND EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, (2) EXPEND MONIES FROM THIS
.FUND FOR NECESSARY, EXPENSES TO -CONTINUE -THE
OPERATION OF THE PROGRAM; AND (3)i EXECUTE PRO-
FESSIONAL SERVICES AGREEMENTS WITH INDIVIDUALS,
.IN A FORM.ACCEPTABLE TO THE CITY ATTORNEY, FOR
THE PROVISION OF.DOMESTIC•VIOLENCE SENIOR COUN-
SELOR (S)NICTIM ADVOCATE(S), IN AN ANNUAL AMOUNT
NOT TO EXCEED $44;886:FOR,AN-ADDITIONAL ONE (1)
YEAR PERIOD; FURTHER ALLOCATING' FUNDS IN THE
AMOUNT OF $15-206 FROM.THE DEPARTMENT OF POLICE
GENERAL OPERATING BUDGET. FOR THE REQUIRED IN -
KIND MATCHING FUNDS; CONTAINING A REPEALER PRO-
VISION AND:SEVERABILITY CLAUSE, AND PROVIDING FOR '
AN EFFECTIVE DATE. '
ORDINANCE. NO: 12002
-AN EMERGENCY ORDINANCE:OF THE MIAMI CITY. COM-
MISSION RELATING TO SIDEWALK AND STREET VENDING;
AMENDING CHAPTER 39,ARTICLE 11, OF THE CODE OF THE
CITY OF MIAMI, FLORIDA; AS AMENDED, BY ESTABLISHING
4 THE "BISCAYNE--BOULEVARD SPECIAL VENDING DIS-
TRICT':; PROVIDING DEFINITIONS; ESTABLISHING DIS-.
TRICT BOUNDARIES; PROVIDING FOR EXCLUSIVE- VEND-.
ING FRANCHISE OPPORTUNITIES AND LOCATIONS; PRO-
VIDING CRITERIA; PROVIDING FOR FRANCHISE FEES;.ES-
TABLISHING PUSHCART DESIGN CRITERIA AND REVIEW;
i PROVIDING OPERATING REGULATIONS' AND , LIMITA-
TION& PROVIDING FOR ENFORCEMENT,. REVOCATION
AND APPEALS; PROVIDING FOR HOLD HARMLESS AGREE-
MENTS,., INSURANCE, TAX CERTIFICATES AND COMPLI-
ANCE WITH APPLICABLE LOCAL AND STATE REGULA-
TIONS; MORE PARTICULARLY, BY AMENDING SECTION 39-
26 AND,.ADDING NEW'SECTION 39-37.1 TO 'SAID CODE;,,
CONTAINING A REPEALER PROVISION AND A SEVERABIL l-
TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. .
ORDINANCE NO. 12003
AN ORDINANCE OF -THE MIAMI CITY COMMISSION AMEND-
ING...THE CODE OF THE CITY OF- MIAMI; FLORIDA, .AS
AMENDED, TO CREATE AND ESTABLISH THE VIRGINIA KEY
BEACH PARKTRUST (THE "TRUST"), SET FORTH THE LE-
GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; .DESIG-
NATE THE TRUST'S JURISDICTIONAL AUTHORITY, SET
FORTH THE TRUST'S PURPOSE, POWERS, AND DUTIES,
AND PROVIDE FOR COMPOSITION AND.APPOINTMENTS,
TERMS OF OFFICE, VACANCIES, MEMBERSHIP ELIGIBILI-
TY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM'
AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH-
MENT, AND "SUNSET" REVIEW OF.THE-TRUST EVERY
FOUR YEARS; MORE PARTICULARLY BY AMENDING SEC-
TION 2-892 AND BY ADDING A NEW ARTICLE, CONSISTING
OF SECTIONS 38-230 THROUGH 38-242 TO CHAPTER 38 OF
THE CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
•
11
aEMERGENCY ORDINANCE OF. THE MIAMI CITY COM-
MISSION AMENDING CHAPTERS 2 AND 53 OF THE CODE
OF.THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO RE-
DUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUO-
RUM TO -CONVENE A MEETING'.OF THE ORANGE BOWL AD-
VISORY BOARD; AND MORE PARTICULARLY BY AMEND-
ING SECTIONS 2-887 AND'53-126 TO SAID CODE; AND CON-
TAINING A REPEALER PROVISION AND A.SEVERABILITY
CLAUSE.
ORDINANCE,NO.12006
AN ORDINANCE OF'THE-MIAMI CITY COMMISSION AMEND-
ING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI,•
FLORIDA, AS, AMENDED, ENTITLED : "OFFENSES -
MISCELLANEOUS -'TO ADD ANEW SECTION'TO MAKE IT'
UNLAWFUL FOR A PERSON TO AGGRESSIVELY PANHAW
I : DLE; MORE PARTICULARLY BY ADDING NEW SECTION 37=
6 TO SAID CODE; CONTAINING A'REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO 12007 `
AN ORDINANCE OF.THE MIAMI CI ISSION AMEND-.
ING THE FUTURE'-LANDUSE, MAP OF THE COMPREHEN-
SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF•THE PROPERTY. LOCATED AT APPROXI--
MATELY 5932 NORTHEAST 2ND AVENUE; MIAMI, FLORIDA,
FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS;_ DIRECT-
ING TRANSMITTALS TO AFFECTED AGENCIES; CONTAIN,
ING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FORAN EFFECTIVE DATE: }
ORDINANCE NO.�12008
AN ORDINANCE OF THE MIAMI-CITY COMMISSION AMEND-
ING PAGE NO. 13 OF THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI. FLORIDA, ARTICLE 4, SECTION '01,
SCHEDULE OF DISTRICT- REGULATIONS, BY CHANGING
THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY
MEDIUM DENSITY- RESIDENTIAL TO- C-.1 'RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT APPROX-
IMATELY 5932 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA ,
CONTAINING A REPEALER PROVISION,:A SEVERABILITY ,
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 12009
AN.ORDINANCE OF THE MIAMI CITY COMMISSION -AMEND
ING ORDINANCE, NO.:11000, AS AMENDED, THE -ZONING
ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND-
ING ARTICLE 4, -SECTION 401, SCHEDULE. OF DISTRICT
REGULATIONS; ARTICLE 9, SECTION 934, COMMUNITY
J:-BASED RESIDENTIAC FACILITIES, AND. -ARTICLE 25, SEC-
TION 2502, SPECIFIC DEFINITIONS, TO MODIFY PROVI-
SIONS RELATED TO COMMUNITY BASED RESIDENTIAL FA-
CILITIES; CONTAINING'A REPEALER PROVISION AND SEV-
ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. •- . _ . • ,
ORDINANCE NO. 12010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND-
ING ARTICLE 9; SECTION 916,,INTERIM PARKING, JO MODI-
FY PROVISIONS RELATED TO..INTERIM PARKING; ,CON-
TAINING A REPEALER, PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.,12011
`��,'' ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
(O G ORDINANCE NO. 11000, AS.AMENDED, THE ZONING
ORDINANCE OF THE CITY. OF MIAMI. FLORIDA, BY AMEND-
ING ARTICLE 9, SECTION 9.10, UNITY OF TITLE,'TO ALLOW
ACCEPTANCE OF A COVENANT IN LIEU OF A UNITY OF TI-
TLE FOR PROPERTIES ZONED R-4 MULTFFAMILY HIGH
DENSITY RESIDENTIAL; CONTAINING A REPEALER PROVI-
SION AND SEVERABILITY CLAUSE; AND PROVIDING FOR •
AN EFFECTIVE. DATE.'
ORDINANCE NO. 12012 .
AN ORDINANCE OF.THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 62/ARTICLE Y OF THE CODE. OF-THE'CITY
OF- MIAMI, FLORIDA, 'AS' AMENDED ENTITLED "ZONING `
AND'PL'ANNING/APPOINTMENT OF MEMBERS AND ALTER-
NATE MEMBERS*OF-THE PLANNING ADVISORY BOARD .
AND ZONING BOARD", -TO AMEND PROVISIONS RELATED -
TO COURTESY' NOTICE FOR. CONDOMINIUM ASSOCIA-
TIONS; MORE PARTICULARLY B.Y,.AMENDING SECTION 62-
12 ..)'OF:SAID CODE; -CONTAINING A -REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE; AND.PROVIDING FOR
AN EFFECTIVE DATE:' ;
...Said ordinances maybe irispected by the.pbblic at the Office of -
the City Clerk, 3500 Pan•Arnerican Drive, Miami, Florida, Monday
through Friday --..excluding holidays, between the hours of 8 a.m.
and 5 p.m. -.
'All interested persons may appear at the meeting" and maybe heard
with respect to the proposed ordinances: Should any person desire to ap=
peal any decision of -the. City Commission with respect to any matter to be
considered at this meeting, that person shall ensure that a verbatim
record of the proceedings is made including all testimony and evidence
,upon which any appeal may be based.
S�SY oF� -
WALTER J. FOEMAN,
c --- o CITY CLERK
(#9376)
_1.2/29 00-_4 64U 2007bm