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HomeMy WebLinkAboutO-11808J-99-280 6/3/99 11808 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2725-2727 SOUTHWEST LOTH .TERRACE, MIAMI, FLORIDA, FROM MEDIUM DENSITY 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 February 17, 1999, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 05-99, by a vote of five to two (5-2), RECOMMENDING DENIAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, 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 Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY TYgIE 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 thereto and incorporated herein 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 designations from Medium Density Residential to Restricted Commercial for the property located at approximately 2725-2727 Southwest 10th Terrace, Miami, Florida, more particularly described as Lot 4, Block 1,.CONIFER COURT SUBDIVISION, according to the plat thereof, recorded in Plat Book 7 at Page 105 of the Public Records of Miami-Dade.County, Florida. Section.3.. It is hereby found that this Comprehensive 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" 2 - 11808 procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive 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 Plan change within the prior twelve months; (e) does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development; (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 Development 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 and to the Executive Director, South Florida Regional Planning Council. 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, - 3 - 11808 • • clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. 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. (1997) PASSED ON FIRST READING BY TITLE ONLY this 8th day of June 1999. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of-. June 1999. JOE CAROLLO, MAYOR 1n accor&me with Miami Cade Sec. 2.36, since the Mayor did not indicate approval of this 1e9isn by signing it in the designated Place p•mlded, said legi,;lati:;n no%q becOmss 've with the elapse of ten (10) ys f the date of 'of action without the Mayor exer ' in v o. ATTEST: Walt r oe , City Clerk WALTER J . FOEMAN CITY CLERK CORRECTNESS 77:GMM:hdb 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. - 4 - 11808 PZ-4 SECOND READING APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING FACT SHEET Mrs. Vicky Garcia -Toledo, Esquire. February 17, 1999. Amendment to the Miami Comprehensive Neighborhood Plan Map. N/A 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 2725-2727 SW 101 Terrace from "Medium Density Residential" to "Restricted Commercial." Approval Please see attached analysis. PLANNING ADVISORY BOARD Denial VOTE: 5-2 CITY COMMISSION Passed First Reading on June 8, 1999. APPLICATION NUMBER 99-002 Item #1 ................................................................................................................................................................................................................................. CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2N0 AVENUE, 3R1 FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 .................................................................................................................................................................................................................................. Uaie: U1/LL/vv Page 1 8 0 Cl) RESOLUTION PAB -05-99 A RESOLUTION RECOMMENDING DENIAL TO AMEND ORDINANCE 10544, AS AMENDED, THE CITY OF MAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2725-2727 SW 10 TERRACE FROM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL. HEARING DATE: February 17, 1999 ITEM NO. 1 VOTE: 5-2 DepartmentPlanning f ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 2725 - 2727 SW loth Terrace. Application No. 99-002. 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 of a 0.172 acre parcel: Lot 4 in Block 1 CONIFER COURT SUBDIVISION (7 - 105). 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"; and the same designation is south and west; to the north and 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. 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 Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that the subject property is under the same. ownership as the lots immediately adjacent to the east, facing SW 2 / h Avenue and designated Restricted Commercial. • It is found that in this area, SW 10'b Terrace is a dead-end street and that the existing character of the properties facing the aforementioned street are lowrise apartment buildings. • It is found that this petition to change the designation is in order to provide more space and parking for the existing building along the east side of the subject parcel. • It is found that the requested change to "Restricted Commercial" will increase the possibility of the subject property being enhanced in a manner which will directly benefit the adjacent area. • It is found that this application is supported by MCNP Objective LU-1.3 which require 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 11808 • r� 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 11808 h ttp://Cctcorp..dos.state. t]. us/cgi-bin/corpweb... Search=CORICHR&Menu=COR&txtSearchString=F28792 inquiry by: O Corporation / Trademark Name O Officer / Registered Agent Name O Registered Agent Name 0Trademark Owner Name O FEI Number O Document Number 0 Trademark Name Search String: earcn I HomePage vv.rveaao rnyurry menu: Please select an inquiry type from the list below, then the search. enter a search key in the search field. Press SEARCH to begin 1/11/99 CORPORATE DETAIL RECORD SCREEN NUM: F28792 ST:FL ACTIVE/FL 10:96 AM PROFIT FLD: 04/08/1981 LAST: EVENT CONVERTED TO NOTES FLD: 05/05/1981 FEI#: 59-2103314 IJAME EDITORIAL CERNUDA, INC. INH: 1 PRINCIPAL: 1040 S.W. 27 AVE. CHANGED: ADDRESS P.O.BOX 452608 02/26/88 MIAMI, FL 33135 'RA NAME CERNUDA, RAMON RA ADDR 1040 S.W. 27 AVE. . ADDR CHG: MIAMI, FL 33135 02/26/68 ANN REP : (1996) BY 03/12/96 (1997) BY 01/17/97 (1998) B 01/21/98 Officers Events Names ----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT - Document Image ---- I of I I/I 1/1999 10:50 AM BILZ-AUMBERG DUNN PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 2500 FIRST UNION FINANCIAL CENTER 200 SOUTH BISCAYNE BOULEVARD • MIAM1, FLORIDA 33131-2336 TELEPHONE: (305) 374-7580 . INFOOBILZIN.COM FAX: (305) 374-7593 . BROWARD: (954) 462-6808 January 11, 1999 Via Facsimile and U.S. Mail Teresita Fernandez, Director Hearing Board Section City of Miami 444 Southwest 2nd Avenue, 7th Floor Miami, Florida 33128 Re: 2725 - 27 Southwest 10th Terrace Dear Ms. Fernandez: Enclosed please find the corporate detail record screen from the Department of the Secretary of State showing the current status of the Editorial Cemuda, Inc., the property owner on the above referenced public hearing application. Sin A. Vicky AVGT:zoe Enclosure. G:\DMS\73592\ 11045\0218842.01 12/11/98 �1808 0 DISCLOSURE OF OWNERS Legal description and street address of subject real property. Lot 4, Block 1 of CONIFER COURT SUBDIVISION, according to the Plat thereof, recorded in Plat Book 7, Page 105, Public Records of Dade County, Florida; a/k/a 2725 - 27 Southwest 10th Terrace, Miami, Florida 33135 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. Editorial Cemuda, Inc., sole owner, 1040 Southwest 27th avenue, Miami, Florida 33135 Stockholders: Ramon Cemuda 88.90% Eduardo Cemuda 11.11 % 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. Lots 1, 2. and 3, Block 1, Less the E 35 feet thereof, of CONIFER COURT SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 7, Page 105, Public Records of Dade County, Florida; a/k/a 1040-44 Southwest 27th Avenue, Miami, Florida 33135 A. Vicky Garcia,Toledo Attorney for O ner STATE OF FLORIDA COUNTY OF MIAMI-DADE A. Vicky Garcia -Toledo, being duly swom, deposes and says that she is the Attorney for the Owner of the real property described in the answer to qu tion #1 above; that she has read the foregoing answers and that the same re ete and that she has authority to execute the disclosure of Ownership of the owner. A. Vicky Gard -Toledo Attorney for caner G:\DMS\73722\ 11666\0221180.01 12/30/98 11808 • • OWNER'S LIST Owner's Name: Editorial Cernuda. Inc.- a Florida Corooration A. Vicky Leiva, Esquire, Bilzin Sumberg, et al. Mailing Address: 2500 First Union Financial Center. Miami FL 33131 Telephone Number: (305)374-7580 Legal Description: Lot 4, Block 1 of CONIFER COURT SUBDIVISION, according to the Plat thereof, recorded in Plat Book 7, at Page 105, of the Public Records of Dade County, Florida a/k/a 2725 - 27 Southwest 10th Terrace, Miami, Florida 33135 Owner's Name: Mailing Address: Telephone Number: Legal Description: Owner's Name: Mailing Address: 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 1040 Southwest 27th Avenue Lots 1. 2 and 3. Block 1. less the E 35 Feet thereof of Miami. Florida 33135 CONIFER COURT SUBDIVISION. according to the Plat thereof. recorded in Plat Book 7. at Page 105 of the Public Records of Dade County. Florida G: \DMS\73722\ 11666\022 l 112.01 12/30/98 5 AFFIDAVIT STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) Before me the undersigned authority, this day personally appeared A. Vicky Garcia - Toledo, who being by me first duly swom, upon oath, deposes and says: 1. That she is the legal representative of the owner submitting the accompanying application for a public hearing as required by the Zoning Ordinances 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 she represents, if any, have given their full and complete permission for her to act in his/her behalf for the change of 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 description for the real property of which she is the 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. Applicant's Sign GADMS\73722\11666\0221175.01 ® Q 12/30/98 0 Has the designation of this property been changed in the last year? No Do you own any other property within 200 feet of the subject property? Yes If yes, has this other property been granted a change in plan designation within the last twelve months? No Have you made a companion application for change of zoning for the subject property within the Planning and Zoning Boards Administration Department? Yes have you filed with the Planning and Zoning Boards Administration Department? Affidavit of Ownership? Yes List of owners of property within 375 feet of the subject property? Yes Disclosure of ownershi(forrgs; ,4Yss If not, please supply them. SIGNATURE: NAM DATE: January 4. 1998 ADDRESS: 2665 So. Bayshore Drive. Suite 1100, Miami, Florida 33133 PHONE: (305) 285-0800 STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE } A. Vicky Garcia -Toledo. Esa.. Authorized agent for owner , being duly swom, deposes and says that she is the (Owner) (an authorized agent for the Owner) of the real property described above: that he has read the foregoing answers and that the same are true and complete: and (if acting as agent for the owner) that he has the authority to execute this petition on behalf of the owner. (SEAL) SWORN TO SUBSCRIBED bef re me this_; 1 da of % 19�. Notary Public, Staylof Florida at Large O • CIAL NOTARY SEAL My Commission Expires: 'CAREY Z BURNETT NOTARY PUBLIC STATE OF FLOP.FDA COMMISSION NO. CC707516 MY COMMISSION EXP. NOV. 291999 Computation of Fee: Receipt #: G:\DMS\73190\ 10199\0221249.01 12/30/98 11808 The undersigned being the owner or legal 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: Medium density -Residential R3 To: Restricted -Commercial C1 Please supply a statement indicating why you think the existing plan designation is inappropriate: The present designation is R3 and the adjacent properly is C1. The area trend has become more commercial during the past 10 years The properly to the west is a rental apartment building with high densb leaving the subject duplex proI&MI between commercial and highrise rental apartments creating inconsistengy with both adjacent uses Please supply a statement justifying your request to change the plan to your requested plan designation: This area is adjacent to commercial property. A C1 designation is a logical evolution for this property The requested designation will bring this property into harmony with the current trend and create a better separation from the properties to the west. What is the acreage of the property being requested for a change in plan designation? 1 lot 50 x 150 .172 acres Application #: Date:- o t o 4el CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 444 S.W. 2nd Avenue Miami, Florida 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans, or a portion thereof, shall be reviewed 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 plans, or portion thereof. If the City Commission desires an amendment or addition, it any on its own motion, direct the Planning Department to prepare such amendment for submission to and review by the Planning Advisory Board. The Planning Advisory Board shall make the recommendation on the proposed plan amendment to the City Commission within a reasonable time as established by the City Commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This Petition is proposed by: ( ) City Commission ( ) Planning, Building and Zoning Department ( ) Zoning Board ( ) Other & Please Specify: (x ) Owner of the property The subject property is located at: 2725-27 S.W. 10th Terrace Miami, Florida 33135 AND MORE PARTICULARLY DESCRIBED AS: LOT(S) 4 BLOCK(S): 1 SUBDIVISION(S): CONIFER COURT SUBDIVISION according to the Plat thereof, recorded in Plat Book 7 at Page 105. Public Records of Dade County. Florida. _.mow Wit. • ^+. �'^ s.. a a �?' ^ ..,.�- 'i .. NBC J!• , r a . ....r. `:', % � ..- ; ✓� �c�^�5`�' }i i t ,. yr} •� i 6 ~ f.- it i ipw: :�i'. �• r \� I � � � t tea. r .Y .9,�',•4^� ,y� ' 1'. �'• - fir+ T: is�. _ _t , �' i;�Y. �. 3 '�{�.r.,,� ..'.fix .k,�.� y" �� y,. �t� m • �' :•:. 4 � � 1 •�+� ,�: •� v�+¢� .SPA. t �•p, i'Iy "� � _ 't .y W.•:•. '� �.l )1'fir i �. � r�.ed• •. � 9.Xa!�� -+ * 1. jL r .: •.. LYE •�R � , F :� � 1 � �; /'. t t rri 9fJ� '.t. I � 4y �y :r��1: L"t-1{-. �A �? Ph r f�.,� � �', fo• a`•r'rs'1 ��• ., 1.. 17 �� iS : Or s • • Ky f ,N .cG�' �3 �'.di 4�f•,:�'17�'•� i ` J �. � ':f y'ya►.F r J .'� � � vuN F% re% rF Pf 1 RIGTEo ACCf+Ie VON LMMUI nFSIC vu PL.EA :ZE-qIDFNTII uN� !��Yll�lnl Lorporate Inquiry Menu http:Hccicorp.dos.state.tl.us/cgi-bin/corpweb...=F28792&CorichrRetKey=@F(a;(a; I (a; I L I L I Ca)@0L0(aJ0@D0MP@ 0Corporation / Trademark Name 0 officer / Registered Agent Name O Registered Agent Name O Trademark Owner Name O FEI Number O Document Number Q Trademark Name Search String: earch HomePage Corporate Inquiry Menu: CXD Please select an inquiry type from the -list below, then enter a search key in the field. the search. search Press SEARCH to begin 00 1/11/99 OFFICER/DIRECTOR DETAIL SCREEN 10:97 AM CORP NUMBER: F28792 CORP NAME: EDITORIAL CERNUDA, INC. TITLE: S NAME: GONZALEZ-VEGA, DIANA 1040 S.W. 27 AVE. MIAMI, FL, :TITLE: D NAME: CERNUDA, EDUARDO 1040 S.W. 27 AVE. MIAMI, FL, TITLE: PD NAME: CERNUDA, RAMON 1040 S.W. 27 AVE. MIAMI, FL, (TITLE: D NAME: CERNUDA-PEREZ, RAMON 1040 S.W. 27 AVE. MIAMI, FL, TITLE: T NAME: GONZALEZ-VEGA, DIANA 1040 S.W. 27 AVENUE MIAMI, FL TITLE: VD NAME: LINARTE, CLAUDIO 1040 SW 27 AVE MIAMI, FL Events Names ----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT - Document Image ---- I of I 1/1 1/1999 10:50 AM • Of 1NE ST4T v� • L� f 0 f u _a � O J � ticob w[ 1 w0 44 GF.ORGF FIRESTONE SECRETARY OF STATE May 6, 198Y rrrrtcary of §tatr STATE OF FLORIDA THE CAPITOL TALLAMA55EE 32304 (90a)agA-Aa�2 George M. Santamarina, Esq. 7175 S.W. 8th St., S204 Miami, Fla. 33144 Re: Charter Number F28792 Ref # : 129 Dear Mr. Santamarina: A Certificate of Amendment changing the corporate name of EDITORIAL CERNUDA LTD, INC*., a Florida corporation to EDITORIAL CERNUDA, INC., was filed on May 5, 1981. Your remittance totaling $15.00 has been received. Should you have any questions regarding this matter, please telephone (904)487-1322, the Word Processing section. Sincerely, D . W . McKinnon, Director Division of Corporations DWM/mk WP-101 "FLORIDA — STATE OF THE ARTS" 3/81 �1�®� of f Brvnrtmrnt of Otatr I certify that the attached is a true and correct copy of the Articles of Incorporation of EDITORIAL CERNUDA LTD, INC., a corporation organized under the Laws of the State of Florida, filed on April 8, 1981. The charter number for this corporation is F28792. Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the o-CN=e s,✓Fy 9th Day of oApril, 1981. c. o oa WETTO George Firestone cEs poiRe-. izso Secretary of State a ARTICLES OF INC:ORPOPZATION OF EDITORIAL CERNUDA LTD; INC. �i1 ,"11lfV;: G A N LF) F *i ED M. 8 7 7. pit! [Jodi 0EP7., - C�?:3POf�.17:0.4� 7 157"' 7AlLAffASS D1V1SION, SEE, F�OR1D, THE UNDERSIGNED, for the purpose of forming a corporation under the Florida General Corporation Act hereby adopt the follow- ing Articles of Incorporation. ARTICLE ONE The name of the corporation is EDITORIAL CERNUDA LTD,. INC. ARTICLE TWO The term of existence of the corporation is perpetual. ARTICLE THREE The purposes for which the corporation -is organized are: To underwrite, sell on credit, obtain an interest in, own, hold, pledge, create security interests in, any product or services sold, obtained or offered by the corporation. To buy, sell, trade, manufacture, pack, ship, transport, deal with goods, wares and merchandise of every kind and nature, and to carry on such business as whole- salers, retailers, importers and ex- porters. To print, bind, publish, circulate, dis- tribute, buy, sell, and deal in books, pamphlets, circulars, posters, news- papers, magazines, literature, music, pictures, tickets, cards, advertisements, letter and bill heads, envelopes, and legal, commercial, and financial forms and blanks of every kind. To acquire, by purchase or otherwise, turn to account, license the use of, assign,. a n de a l with c...,. opyrights and i9el- lectual properties of every kind. -To carry on a general printing, engraving, lithographing, electrotyping, and Publishing business in all the branches thereof. To buy, sell, export and import, and generally deal in books, pamphlets, manuscripts of every name and nature, new, rare, or secondhand; magazines and papers; musical compositions, paintings, photographs, etchings, and other types of pictures. As incidental to such business, to conduct a general stationery store; to acquire by purchase of other- wise and to hold such real estate as may be necessary to the proper conduct of such business., To acquire by purchase, lease".or other- wise and to improve and develop real property. To erect dwellings, apart- ment houses, and other buildings, private or public,'of=all kinds, and to sell or rent the same..To lay out, grade;'pave, and dedicate roads, streets, avenues, highways,.alleys, courts, paths, walks, parks, and playgrounds. To buy, sell, mortgage, exchange, lease, let, hold for investment or otherwise,.use, and operate real estate of all kinds, improved or un- improved, and any right or interest therein. To engage in the transaction of any or all lawful business for which corporations may be incorporated under the Florida General Corporation Act. ARTICLE FOUR The aggregate number of shares which the corporation has authority to issue is 250, all of which shall be common shares with no par value. ARTICLE FIVE The Directors of this corporation may take action by written consent, as Provided by law. ARTICLE SIX The street address of the initial registered office of the corporation is 717S S.11. 8th Street, Suite 204, Miami, Florida, 2 and the name of the initial registered agent at such address is GEORGE M. SANTAMARINA. ARTICLE SEVEN The Board of Directors of the corporation shall consist of three members. The names and addresses of the first Board of Directors are: RAMON CERNUDA, 7175 S.W. 8th Street, Suite 214, Miami, Florida 33144 RAMON CERNUDA-PEREZ, 7175 S.W. 8th Street, Suite 214, Miami, Florida 33144 DIANA GONZALEZ-VEGA, 7175 S.tV. 8th Street, Suite 214 Miami, Florida 33144 ARTICLE EIGHT The name and address of the incorporator is RAMON CERNUDA, 7175 S.IV. 8th Street, Suite 214, Miami, Florida 33144. ARTICLE ,VINE This corporation shall be deemed to commence its existence upon filing. ARTICLE TEN The principal office of this corporation shall be located at 717S S.Iv. 8th Street, Suite 214, Miami, Florida 33144, with the i E, corporation retaining the power to move its office to any other address in Florida. ARTICLE ELEVEN The name and address of the first officers of the corporation who shall hold office until the first meeting of shareholders elected and qualified of until their earlier resignation, removal from office, or death, are: President: Vice President/Treasurer: Vice President: Vice President: Secretary: IN WITNESS WHEREOF, day of March, 1981. STATE OF FLORIDA COUNTY OF DADE RAMON CERNUDA 7175 S. W. 8th Street, Suite 214 Miami, Florida 33144 EDUARDO.CERNUDA 7175 S. W. 8th Street, Suite 214 Miami, Florida 33144 JESUS ALFONSO 7175 S. W. 8th Street, Suite 214 Miami, Florida 33144 BLANCA LA CALLE 7175 S. W. 8th Street, Suite 214 Miami, -Florida 33144 DIANA GONZALEZ-VEGA 7175 S. W. 8th Street, Suite 214 Miami, Florida 33144 I have subscribed my naj,e this -L i' RAMON CERNUDA ON THIS .s•" I.` day of March, 1981, before me, the undersigned officer, personally appeared RAMON CERNUDA, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I have hereunto set my hand and official My commission expires: Notary i , _...r:ate of Florida at Large STATE OF FLORIDA DEPARTMENT OF STATE The following is submitted, in compliance with Chapter 48.091, Florida Statues: EDITORIAL CERNUDA LTD. a corporation organized under the laws of the State of Florida with its principal office at 7175 S. W. 8th Street, Suite 214, City of Miami, County of.Dade, State of Florida, has named GEORGE M. SANTAMARINA, located at 7175 S. W. 8th Street, Suite 204, City of Miami, County of Dade, State of Florida, as its agent to accept service of process within this state. OFFICERS: RAMON CERNUDA, President, 7175 S. W. 8th Street, Suite 214, Miami, Florida 33144 EDUARDO CERNUDA, Vice President/Treasurer, 7175 S. W. 8th Street, Suite 214, Miami, Florida 33144 JESUS ALFONSO, Vice President, 7175 S. W. 8th Street, Suite 214, Miami, Florida 33144 BLANCA LA CALLS, Vice President, 7175 S. W. 8th Street, Suite 214, Miami, Florida 33144 DIANA GONZALEZ-VEGA, Secretary, 7175 S. :. 8th Styeet, Suite 214, Miami, Florida 33144 i Incorporator ACCEPTANCE: I agree as Registered Agent to accept service of process; to keep office open during prescribed hours; to post my name(and any other ffbcers of said corporation authorized to accept service of process at the above Florida designated address) in,some conspicuous place in office as required by lad. DATED: ���.� z. `- i Registered Agent WRITTEN STATEMENT ORGANIZING CORPORATION The undersigned hereby constitute all of the incorporators and members of the first Board of Directors of EDITORIAL CERNUDA, INC., a Florida corporation. In lieu of holding an organization meeting of directors, we do hereby make the following written statement pursuant to the terms of 607.134, Florida Statutes: ARTICLES OF INCORPORATION: The articles of incorporation of this corporation were filed with the Department of State of Florida on April 82 1981. In due course, a letter was received from the Department of State evidencing the filing thereof and receipt of filing fees and taxes. A copy of said articles and letter are attached hereto and incorporated by reference. BYLAWS: A set of proposed bylaws, prepared and submitted by counsel for the corporation, in the form attached hereto and incorporated by reference, have been reviewed in their entirety and adopted as the bylaws of this corporation. OFFICERS: The following persons are hereby elected to the respective offices to serve until their successors become qualified and elected: President: Vice-President/Treasurer: Vice -President: Vice -President Secretary: RAMON CERNUDA EDUARDO CERNUDA JESUS ALFONSO BLANCA LA CALLE DIANA GONZALEZ-VEGA STOCK CERTIFICATES: The stock certificates of the corporation will be in the form attached hereto. PAYMENT OF ORGANIZATIONAL EXPENSES: The appropriate officers of the corporation are hereby authorized to pay, from the corporate funds, the total expense of organizing the corporation, approval for payment being given to the statement for professional services rendered by George M. Santamarina, Esquire, counsel for the corporation. BANK ACCOUNT: The appropriate officers of the corporation are hereby authorized and directed to open an account(s) with and to deposit therein all funds of the corporation. All checks, drafts and notes of the corporation, payable on said account(s) will be made in t nam f the corporation signed by any orb of the followin indi i uals: I Title Title DATED this 9 day of , 19 by: RAM N RNUDA 4AN CERNU/DA-PE Z GONZALEZ-V A 1.1808 I, RAMON CERNUDA, hereby accept the position of President of EDITORIAL CERNUDA, INC., a Florida corporation. DATED: (S 1981. I, EDUARDO CERNUDA, hereby accept the position of Vice-President/Treasurer of EDITORIAL CERNUDA, INC., a Florida corporation:= DATED: 1981. DUARDO CERNUDA \ I, MARTHA ROSADO, hereby accept the position of Treasurer of EDITORIAL CERNUDA, INC., a Florida Corporation. DATED: 6117 1981. w"Ma4mm MARTHA •ODO I. DIANA GONZALEZ-VEGA, hereby accept the position of Secretary of EDITORIAL CERNUDA, INC., a Florida corporation. DATED: 1981. 1381JAN 14 AM10:38 37R013465 RE[ ' 314 1479 THIS INSTRUMENT PREPARED BY. GARY R_MARLIN, ESQ. 250 Catalonia Ave., Ste. 303, Coral Gables, FL. 33134 U mutt' Pud I STATUTORY ►ORM — la[CTIOH 441.02 P.f.I Mktg 3drtltiay. Made this 27th day of December 19 86, littUlffn JOAN R. MCAULEY, a married woman of the County of Col. , State of New York grantor'. and EDITORIAL CERNUDA, INC., a Florida corporation whose post office addreu is 7175 SW 8 Street, Suite 214, MIami, FL 33144 of the County of Dade , State of Florida . grantee*. WItnrillartb. That said grantor, for and In consideration of the sum of -------------------- -----Ten ($10.00)------------------- Dollars. and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is herrhy acknowledged, has granted, bargained and sold to the said grantee, and grantees heirs and assigns forever. the fnl- lowing described land, situate, lying and being In Dade County, Florida. to -wit: Lot 4, Block 1 of CONIFER COURT SUBDIVISION, according to the plat thereof, recorded in Plat Book 7, at Page 105, of the Public Re- cords of Dade County, Florida. SUBJECT to conditions, restrictions, reservations, limitations, easements, zoning ordinances of record, and taxes for the year 1987 and subsequent -years. The above described property is not now and has never been the homestead of the grantor, The grantor resides at 171'The Knolls, Williamstown, Ma. 01267. 3 Daaa Ceur—� Doem '-'y Stamps 0114dad R...,.� a .: a... eler., ci,cml s w�cry Courts (/ t e. /✓C o /-� 7 � - �3i1�. so stamps eansdN - �. 6r:alrer C.a. c,ac t •• County court;.. ... .... DC and said grantor does hereby flrlly warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. "Grantor" and 'grantee' are used for singular or plural, as contest requires. 3n 311hW99 Obrrrat, Grantor has hereunto set grantors hand and seal the day and year first above written. Signed2seR yandde ered in our presence: RC ` (Seal) (Seal) (Seal) or rcDOE cou%TY. W020h ar.Coao yEPIFIED $^^� (Seal) STATE OF < CLEIta CIRCUIT COOT COUNTY OF 1 IIEREBY CERTIFY that col this da} be(orc me, no officer duly LIuallRed to tale acknowledgments, personally Appeared JOAN R. MCAULEY its me knnwn to he the person described in and who execvtr l the.. forrglri(jie iivtnlment and acknowledged before me that she executed the same. IG`;.•'' WITNESS my hand and official seal In the Countyy�d 1 j O*V(N" p 18'� l . Tr�iTAit�ltlE9 tilt afn r ' la ' ay of RALP14 a My cummis iop expires: V TQW11 i �T : r,• to 1/I 3 �aacm$1.+v�; yS'�f� Nt0t/' ' Noeary Pub'11Qc Q • • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF 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 flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11808 In the ...........XXXX...................... Court, .X.. wAS published I 1 V rjwspaper In the Issues of Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one ext preceding the first publication of the attached co of vertisement; and afftant further says that she has n ther Id nor promised any person, firm or corporation a y dis,unt, rebate, commission or refund for the purpose o secring thisfqdvertisement for publication In the said 1 Sworn Jul Yand subscribed before me this 99 ...... day of ......................... A.D. 19...... �,�i4!4k .. '��u- ........... . (SEAL) tqy p OFFICIAL NOTARY SEAL. 1P OO C)1ERY H MAF?MER Sookie I�C��M11, . TAMER[ NUMBER k„ Q CC545364 Lly COMMISSION EXPIRES Or no APR. 12,2000 CITY 01= WIIAMI, I�LORIDA F LEGAL NIOTICk 'All interested-persoris-will take notice that°on•the 22nd day of June. 1999gtheCity Commission: of Miami Florida adopted the foliowing`ti- i tied ordinances - ORDINANCE NO. 11806 a AN 'EMERGENCY 'tORDINANCE .OF THE- ' MIAMI CITY i-' COMMISSION, .ESTABLISHING .A,,NEW. SPECIAL' RE VENUE FUND, ENTITLED:, "1999 WAGES --COALITION =, SUMMER CAMP'° AND APPROPRIATING FUNDS FOR THE OPERATION.OF SAID PROGRAM IN THE AMOUNT.QF UP TO $50,000, CONSISTING OF;A GRANT, FROM THE,DADE , .MONROE ,WAGES -COALITION FURTHER AUTHORIZING f -THE CITY MANAGER TO EXECUTE THE ~NECESSARY ' f . DOCUMENTS IN`A FORM ACCEPTABLE TO THE CITYAT '.`TORNEY, FOR THE -ACCEPTANCE OF, -SAID GRANT -� CONTAINING A REPEALER PROVISION' AND 'A (- -:SEVERABILITY CLAUSE;AND PROVIDING:FOR .<AN J „EFFECTIVE: ^` t ,6101DINANCEI, 11807 u _ 1 AN EMERGENCyY.,.ORDWANCE—fer- F{ETMIAMI CITY i ' ��COMMISSION AMENDING CHAPTER 22 OF THE CODErOF I r THE,CITY OF MIAMI;4.FLORIDA AS;AMENDED,=fNTITL'ED GARBA_ E.AND.OTHER SOLID WASTE RELATINGFTO ~;THE PROVISION..�OF ;SOLID `WASTE -SERVICES I. -•FACIL'ITIES,AND PROGRAMStIN'THE�CITYOF MIAMI I FLORIDA :+P-ROVIDING, THAT SOLID WASTE ASSESS iv1 {{i ENTS CONSTITUTE ALIEN ON ASSESSED` PROPERTY y EQUAL,IN RANK,AND,DIGNITY-WITH THE LIENS OF ALL I STATE, COUNTY;., DISTRICT; OR!MUNICIPAL,TAXES-AND`_ � } l 'ASSESSMENTS -..AND' -SUPERIOR'- IN DIGNITY 'TO ALL' OTHER-x.PRIOR•7-•LIENS,;.'MORTGAGES, TITLES,_ AND CLAIMS;', PROVIDING -THAT _THE 'SOLID WASTE ASSESSMEN S. WAY •BE COLLECTED -PURSUANT TO-,-; 1 SECTIONS.197.3632 AND 197:3635, FLORIDA* STATUTES . AMENDED; -MORE--PARTIGL4L-ARL-Y-• BX AMENDING , TSECTION 22-12. OF, SAID • -COPE; CONTAINING A REPEALER. PROVISION, AND A SEVERABILITY CLAUSE; ' PROVIDING;FOR AN EFFECTIVE DATE; AND PROVIDING '{ FOFhNCLUSION IN THE CITY CODE i ORDINANCE'NO 11808 AN:.ORDINANCE OF- THE .MIAMI `'CITY COMMISSION. -AMENDING. THE-' FUTURE _ND -- USE - MAP OF THE j f COMPREHENSIVE NEIGHBORHOOD PLAN -BY CHANGING THE {LAND ' USE • DESIGNATION OF THE ',PROPERTY LOCATED'AT -APP.ROXIMATELY"2725-2727. SOUTHWEST, I' -10TH-*-'TERRACE, 'MIAMI,-,+FLOF16A, ..,FROM MEDIUM - •zDENSITY RESIDENTIA_LrTO °RESTRICTED_ COMMERCIAL =t MAKING FINDINGS;, DIRECTING TRANSMITTALS TO AFFECTED; 'AGENCIES `;CONTAINING -jA= :REPEALER PROVISION NAND A SEVERABILITY "CLAUSE °AND PROVIDING` FOR -AN -EFFECTIVE DATE'. *•` ORDINANCE NO.11809 AN .ORDINANCE OF- THE�•'MIAMI -CITY -COMMISSION i AMENDING -PAGE NO. 40 OF-THE'ZONING.ATLAS OF THE I CITY°OF MIAMI, FLORIDA, BY=CHANGING_THE ZONING C `CLASSIFICATION` FROM. ,R-3 �,•MUL'TIFAMILY'<; MEDIUM-; -DENSITY,` RESIDENTIAL. TO G�1--�RESTRICTED;.COM-" I ', MERCIAL=' FOR. -THE PROPERTY•-_L'OCATED AT' AR' j }, . PROXIMATELY 2725=2727 SOUTHWEST 1OTH'TERRACE t :. •� I -MIAMI,, FLORIDA;- EXCEPT: FOR :A, ONE `FOOTS (1) - PERIMETER .RUNNING ALONG THE' WEST. BOUNDARY• OF THEW HEREIN:` DESCRIBED • PROPERTY; -MAKING ' `J FINDINGS; CONTAINING A REPEALER PROVISION-ANDIA {j i 'SEVERABILITY CLAUSE;, AND PROVIDING FOR . AN EFFECTIVE- DATE: i f ORDINANCE NO..11810 AN .ORDINANCE- OF: .tHE:'MIAMI.,,CITY- COMMISSION AMENDING CHAPTER 4 OF THE CODE_OF THE, CITY OF MIAMI;•FLORIDA;-AS AMENDED, ENTITLED; -"ALCOHOLIC BEVERAGES," TO MODIFY PROVISIONS RELATED. TO ; RETAIL SPECIALTY CENTERS TO -ADD A DEFINITION FOR, "CENTER DESIGN . DISTRICT;" TO" INCLUDE THE ,"CENTRAL DESIGN'DISTRICT';AS AN EXCEPTION AREA TO- DISTANCE.REQUIREMENTS,'AND'TO:PERMIT FOOD "E8TABLISHMENTS, AS SET: FORTH IN'SECTION 4-13;.: WITH'A MINIMUM OF.50 SEATS AND'61%OF,REVENC)ES - i