HomeMy WebLinkAboutO-11827J-99-499 1 ' �%
6/18/99 ORDINANCE NO. 82 °
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 3880 NORTHWEST
7Ta STREET, 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
April 21, 1999, Item No. 3, following an advertised hearing,
adopted Resolution No. PAB 15-99, by a vote of nine to zero
(9-0), RECOMMENDING APPROVAL of an amendment to the Future Land
Use Map of Ordinance No. 10544, as amended, the Miami
Comprehensive Neighborhood Plan 1989-2000, 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 THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
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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 designation
from Medium Density Residential to Restricted Commercial for the
property located at approximately 3880 Northwest 7th Street,
Miami, Florida, more particularly described as Lots 2 and 3,
Block 1, DURHAM TERRACE SUBDIVISION, as recorded in Plat Book 44,
Page 55, 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"
procedures;
(c) is one which involves property that has not been the
specific subject of a Comprehensive Plan change within
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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) the proposed amendment 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; 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.Planning Department 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
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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.
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. (Supp. 1998).V
PASSED ON FIRST READING BY TITLE ONLY this 221id day of
June , 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 2nd day of August- , 1999.
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 legisl4 tion novi
becomes effective with the elapse of ten (10) days m the date of Co issicn action
regarding same, without the Maypr,%er 'sing
ATTEST:
WALTER J. FOEMAN
CITY CLERK
A
W720: GMM : hdb
City Clerk
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.
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PZ-4
SECOND READING
APPLICANT
HEARING DATE
REQUESTILOCATION
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING FACT SHEET
Mr. Ben Fernandez, Esquire for Hasred Inc.
April4, 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 3880 NW 7'"
Street from °Multifamily Medium Density Residential" to
"Restricted Commercial. -
Approval.
Please see attached analysis.
PLANNING ADVISORY BOARD Approval VOTE: 9-0
CITY COMMISSION Passed First Reading on June 22, 1999.
APPLICATION NUMBER 99-010 Item #3
.........•.............•-••---•--•....----.......----......---.............................---.........-•-•........-•-.....-•-..................................---....-•---............................................................
CITY OF MIAMI - PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416 400
...................................................................................._........................... J................................:
Date: 04/14/99 Page 1
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•
•
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 3880 NW 7" Street.
Application No. 99-06
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 Residential" to
"Restricted Commercial". The subject property consists of a 0.30 acre parcel: Lots 2 and
3 in Block I-DURHAM TERRACE SUBDIVISION (44 - 55).
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 Residential"; and the same designation is immediately to
the east; to the south, the area is designated "Single Family Residential" and, to the north
and west, 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
1 within this land use designation.
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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 west, facing NW 7`h Street, designated Restricted
Commercial.
• It is found that there are only three lots in this area with the "Medium Density
Residential" designation.
• It is found that. if this petition is granted, only one lot will remain with the "Medium
Density Residential' designation and it is also found that the City will include the
aforementioned lot in the citywide revision to the Future Land Use Map that the
Planning Department is preparing to be soon presented to the Planning Advisory
Board and to the City Commission.
• It is found that this petition to :change the designation is in order to have the same
designation for all the property.
• 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
18
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.
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•
C]
Proposal No. 99-6 .
Date: 04/07/99
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION I CONCURRENCY ANALYSIS
Applicant:
Address: 3880 NW 7 St.
Boundary Streets: North: NW 7 St. East:
South: West:
Proposed Change: From: Medium Density Multifamily Residential
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
Residential 0.3 acres 65 DU/aae
20 DU's
Peak Hour Person -Trip Generation, Residential
10
Other 0 sq.ft.@ 0 FAR
0 sq.ft.
Peak Hour Person -Trip Generation, Other
0
Proposed Designation, MaxLnum Land Use Irttenalty r, ; :
:
-
Residential All. -scree.:;' :150 DU/a
46 'DU's
Peak Hour Person -Trip Generation, RseiderttW r_
23
Other 0 sq.ft.@ 0 FAR
. 0 aq.ft.
Peak Hour Person -Trip Generation, Other 1
0 .
Net Increment With Proposed Change:
Population
66
Dwelling Units
26
Peak Hour Person -Trips
13
Planning District West Little Havana
County Wastewater Collection Zone 309
Drainage Subcatchmertt Basin H1
Solid Waste Collection Route 27
Transportation Corridor Name Dolphin
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Land Use Policy 1.1.1
CIE Policy 1.2.3
NOTES
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department (WASAI.
Excess capacity, if any, is currently not known
CM-1 IN 03/13/90
RECREATION AND OPEN SPACE
Population Increment, Residents
66
Space Requirement, acres
0.09
Excess Capacity Before Change
55.12
Excess Capacity After Change
55.03
Concurrency Checkoff
OK
POTABLE WATER TRANSMISSION
Population Increment, Residents
66
Transmission Requirement, gpd
14,680
Excess Capacity Before Change
>2% above demand
Excess Capacity After Change
> 2% above demand
Concurtency Checkoff = `� OK
SANITARY SEWER TRANSMISSION
Population Increment, Reaidert'te .88
Transmission Requirement, gpd `:.. 12,124
Excess Capacity Before Chartpe See Note 1.
Excess Capacity After Change_ See Note 1.
Concurrency Checkoff WASA Permit Required
STORM SEWER CAPACITY
Exfiltration System Before Change
Exfiltration System After Change
Concurrency Checkoff
_
On -site _
Oct -site
OK
SOLID WASTE COLLECTION
Population Increment, Residents
66
Solid Waste Generation, tons/year
84
Excess Capacity Before Change
500
Excess Capacity After Change
416
Concurrency Checkoff
OK
TRAFFIC CIRCULATION
Population Increment, Residents
66
Peak -Hour Person -Trip Generation
13
LOS Before Change
B
LOS After Change
B
Concurrency Checkoff
OK
ASSUMPTIONS AND COMMENTS
Population increment is assumed to be all new residents. Peak -period trip
generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy
for private passenger vehicles. Transportation Corridor capacities and LOS are from
Table PT-2(Rt), Transportation Corridors report.
Potable water and wastewater transmission capacities are in accordance with
Metro -Dade County stated capacities and are assumed correct. Service connections to
water and sewer mains are assumed to be of adequate size; if not, new connections
are to be installed at owner's expense.
Recreation/Open Space acreage requirements are assumed with proposed change
made.
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RESOLUTION PAB -15-99
A RESOLUTION RECOMMENDING APPROVAL 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 PROPERTIES LOCATED AT APPROXIMATELY
3880 NW 7TH STREET FROM "MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL".
HEARING DATE: April 21, 1999
ITEM NO. 3
VOTE: 9-0
ATTES
Gel ert-Sanchez, Director
Planning Department
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CITY OF MIAMI
OFFICE OF HEARING BOARDS
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
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.
ss*s*****s***s**s**ss***ss*s*s**s*s****ss***ss*s*ss*sss*ss*s*ss*s**s*s*sss*s***s*s**sss**s*s**ss
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNEI) IN BLACK INK.
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 building 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.
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e
Fee ofS 650 . 00 to apply toward the cost of processing, according to Section 6-1-156 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................:
Commercial/restricted, commercial/general and industrial .......I ...............$ 650.00
$650.00
Commercial(CBD)..................................................................................$1v200.00
Surcharge for adverting each item ......................... ..$1,200.00
Public hearing mail notice fees, including cost of
handling and mailing per notice...............................................................$ 3.50
TOTAL $650.00
This petition is proposed by:
( ) City Commission
( ) Building and Zoning Department
( ) Zoning Board
( ) Other (Please specify):
The subject property is located at 3880 NW 7th Street .
Folio number
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 2 & 3
Block(s) 1
Subdivision DURHAM TERRACE X eJ — 55
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: M �1 t i -fami 1 j, Medium Density Residential
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X.
Restricted
TO: commercial
Please supply a statement indicating why you think the existing plan designation is inappropriate:
The area is located next to an existing Medical Testing Facility
and 1 block from the Flagler Dog Track. A shopping center is
directly across from the property. Accordingly, the property
is more suitable for commercial development than residential.
Please supply a statement justifying your request to change the plan to your requested plan designation.
The proposed change to commercial would make the property consistent
with the abutting commercial property to the west and the shopping
center across the street. Being on a major section line roadway also
makes the property.
What is the acreage of the property being requested for a change in plan designation?
Aprox. 13, 130 sq. ft. (.30 acres)
Aas 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
)roperty been granted a change in plan designation within the last twelve months? NO
lave you made a companion application for a change ofzoning for the subject property with the Planning and Zoning
3oards Administration Department? YES
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1
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? _ vFS Disclosure of ownership
form? vFG If not, please supply them.
Signature
Name Ben Fernandez, Esq.
Address 200 S. Biscayne . Blvd. , 0850
Miami, Florida 33131
Telephone 305-377-6235
Date March 5, 1,999
► T•
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The forego!ng instrument was acknowledged be re m this day of Q {�
19�, by �►')�'nQli who is personally known to me or who has
produced as identification and who did (did not) take an oath.
A
z•• ur • x nano Name:
tt I'Mmy24,W No u N-State o�F1 ride
eabea �,',JUk
Commission No.:
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF MIAW-DADE
The foregoing instrument was acknowledged before me this day of
19 , by of
a
He/She is personally known to me or has produced corporation, on behalf of the corporation.
and who did (did not) take an oath, as identification
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
19 , by
produced
partner (or agent) on behalf of
a partnership. He/She is personally known to me or who has
as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
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Ell
.7
AFFIDAVIT
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared BEN FERNANDEZ
who being by me first duly sworn, upon oath, deposes and says:
1. That he/MT MQ[% 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 descn'bed 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.
Further Affiant sayeth nos.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Applicant's Sign;
The foregoing instrument was acknowledged before me this STM day of NACU Y_C�
19 4 , by _ ia!?X1 �X n CXn Cl_Q of
a
(Ut/She is personally known to me or has produced
and who did (did not) take an oath.
& Ji�Iz
}. MY as a cc 719W
I'fiat {�? ' eamla lmu Nolan mm m
corporation, on behalf of the corporation.
as identification
My Commission Expires:
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OWNER'S LIST
Owner's Name HASRED, INC.
Mailing Address C/O Ben Fernandez, 200 S.Biscayne Blvd. #850 Zip Code 33131
Telephone Number 305 377-6235
Legal Description: Lots 2 & 3, Block 1, Durham Terrace (44-55) Public Records of Dade Co.
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
Street Address
Street Address
Legal Description
Lots 4, 5, 6, Block 1, Durham Terrace (44-55 )
Public Records of Dade County —
Legal Description
Legal Description
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DISCLOSURE OF OWNERSEE[p
Legal description and street address of subject real property:
Lots-2 & 3: Block 1, of DURHAM Terrace, according to the plat
thereof, as recorded in Plat Book 44, Page 55, of the Public
Records of Dade County, Florida.
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.
HASRED, Inc.
100%
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. Lots 4,5,6, Block 1, Durham Terrace (44-55)
.Public Records of Dade County
XN=W�Attorney fbr Owned.
BEN FERNANDEZ, ESQ.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of M 1� Ch
19:- i , by G-4e�, of
a" corporation, on behalf of the corporation.
(Re/She ispersonallyknown to me or has produced as identification
and who did (did not) take an oath.
•�:�ez;,; A. JIMENEZ Name:
My COMMISSION # CC 719590 NO u lic-State of F�Ioridh
o EXPIRES: February 24, 2002
e«aea rnti Notary Public unaerwrners Commission No.:
My Commission Expires:
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PERCENTAGE OWNERSHIP HASRED, INC.
Revocable Intervives
Trust of Ernest Harris
Dated Sept 1,1988
Stuart I. Harris, Trustee
Dolores L. Harris, Trustee
Robert Stamen, Trustee
35%
Celina R. Alvarez
25%
Stuart L Harris - r
Danny and Andrea shosfy -
20%
JT TEN VVROS
(GvOUr.e„ted)
11827
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of A
I
08/17/1995 10:20 3052207585 CRAIG ". JASLOW, ESQ PAGE 03
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ARTICLES OF INCORPORATION
OF '41/G
- rsFeRc r....,
HASRED, INC. -
`s
(a Florida corporation) aIN
ARTICLE I - NAME
The name of the Corporation is Emim, INC. (hereinafter
called the "Corporation").
The aggregate number of shares of capital stock which the.:
Corporation shall have the authority to issue is 1,000,000 shares*
of Common Stock, par value $. 001 per share. Fully paid stock of .
this Corporation shall not be liable to any further call or
assessment.
ARTICLE III - MA LING ADD ESS
The current mailing address of the principal place of business
of the Corporation is 7901 Ludlam Road, Miami, Florida 33143.
N • :��i `J�1Ri3�ii!L���
The Corporation's Board of Directors (the "Board") shall
consist of not fewer than one (1) nor more than five (5) directors,
and shall initially consist of two (2) directors. The number. of
directors within these limits may be increased or decreased from
time to time as provided in the By -Laws of the Corporation. The
name of the, initial directors of the Corporation are Stuart i.
Harris and Celina R. Alvarez.
Except as otherwise required by law, special meetings of the
shareholders of the Corporation may be called only by (i) the
Board, upon resolution duly adopted by a majority of the members of
the Board, (ii) any person authorized in the By -Laws of the
Corporation, or (iii) the holders of at least fifty percent (SOi)
of the outstanding shares of the capital stock of the Corporation
entitled to vote generally in the election of directors.
---- — - - _ -:ems-a�i•�o,�r�zac��
Any action required or permitted to be taken at any annual or
special meeting of the shareholders of the Corporation may be taken
without a meeting, without prior notice and without a vote if such
11827
fi8/17/1995 1fi::G 3fi5:_67585 CRAIG u. JaSLDW, ESQ PG, ps
action is taken by the written 'consent of the holders
outstanding shares of capital stock of of the
the Of entitled to
vote on such matter having not less than the minimum number of
l votes necessary to authorize or take such action at a meeting at
1 which all shares of capital stock entitled to vote thereon were
present and voted.
III - INITIAL R gL=RED
The street address of the initial registered office of the
Corporation is 9351 Pontainebleau Blvd., Suite B-307,
Florida 33172. The name of the initial registered agent of Miami the
Corporation at that address is Craig A. Jaslow, Esq.
V I --IORPOEATog
The name and address of the Incorporator is Craig A. Jaslow,
Esq., 9351 Fontainebleau Blvd., Suite-B-307, Miami, Florida 33172.
ARTICI,P TY - LIM2TATYnu pp DZRF ,
LY1T3 TT.
A director shall not be personally liable to the Corporation
or the holders of shares of capital stock for monetary damages for
breach of fiduciary duty as a direetor, except (i) for any breach
o the duty of loyalty of such director to the Corporation or such
holders, (ii) for hcts or omissions not in good faith or which
involve intentional misconduct or a knowing violation of law, (iii)
under Section 607.0831 of the Florida Business Corporation Act (the
"FBCA"), or (iv) for any transaction from which such derives an improper personal benefit. If the director
FSG is hereafter
amended authorize the further or broader elimination or
liabi
ter -
limitation of the personal liabilities of directors, then the
lity of a director of the Corporation shall be eliminated or
limited to the fullest extent permitted by the FBCA, as so amended.
No repeal or modification of this Article IX shall adversely affect
any right of or protection afforded to a director of the
Corporation existing immediately prior to such repeal or
modification.
The Corporation shall indemnify and advance expenses to, and
may purchase and maintain insurance on behalf of, its officers and
directors to the fullest extent permitted by law as now or
hereafter in effect. Without limiting the generality of the
foregoing, the By -Laws may provide for indemnification and
advancement of expenses to officers, directors, employees and
agents on such terms and conditions as the Board may from time to.
time deem appropriate or advisable.
ARTICLE X2 - BY-LAWS
The. Board shall have the power to adopt, amend or repeal the
2
11827
08/17/1995 18:20 3052207585 CRAIG A. JASLOW, ESQ PAGE 05
Y'Lsws of the Corporation or any. part thereof.
-These Articles of Incorporation repealed by the shareholders f the Corporation in accordance the applicable be amended or
provisions of Florida law. with
XNWTS , the IncArticIncorporation orporator has executed
1995. of Hasred, Inc. this lath day of August,
Craig A. slo ,
Incorpora r Esq'
.0
CONSJMT OF jMGZSTM= AGMT
Or
IiASRED, xmC.
The enders;fined, Craig A. Jaslow, Esq., whose business address
is 9351 Fontainebleau Blvd., Suite B-307, Miami, herby accepts a Florida 33I72,
appointment as the initial registered agent of
INC., a Florida corporation, and accepts the obligations
provided for in section 607.0505, Florida Statutes.
Craig ArJ lo Esq.
Registes gt
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:505-365-9018 k.LEN AND I;ALEGO PO
CLOSING STATEMENT
DAT31: February 22, 1999
SZLLMR: Miami -Seventh Corp.
BUYER: Hasred, Inc.
PROPERTY: Lots 2 & 3, Block 1, Durham Terrace,
Plat Book 44, Pago 55, Miami -Dade County, Florida
CRZDIT 9ZLLER
SELLING/PURCHASE PRICE $
Certificate . of Use' 5215 3Jr ; r 184 :`37
.- ...
313 days . _... .
Deposit
Documentary Stamps on Deed:,
Surtax on Deed
Real Property Taxes - Based on 1998 taxes
52 days at $18.9£ per day
Rent Prorations - 7 days
(2/22 - 2/28) $3,740 per month
Tenant Security Deposits
Record Satisfaction of Mortgago
Title Evidence
Holdback
Subtotal
BaI"CE DUE Emm BUYER
1-4iP 05 11: 1
CR=T.T BUYER
25,000.00
2,010.00
1,507.50
985.92
935.00
1,425.00
6.00
200.00
2,000.00
$ 34,069.42
S`
11827
305-Z65-9015 ALLEN At* GALEGO
DISBURamba oss 701t SZLL=, s EXPICNB$s
To be made by Allen & Galego
H';P 05 • as 11:
Mortgage Payoff to Beverly J. Campbell,
as Trustee Under Trust Agreement
dated November 8, 1991 14,475.98
Certificate of Good Standing, to Allen & Galego 51.00
Miscellaneous Costs, to Allen & Galego 150.00
Attorney fees, to Allen a Galego 3,250.00
Attorney fees on other matter, to -Allen Galego 5,504.19
Total,n $ 23, 431.17
NOTES TO CLOSING STA22MENT
1. Seller shall be responsible for all cor=issions due to The
Daniels Group, or otherwise. The Daniels Group shall retain its
commission of $.20,1100.00 from the Deposit. it is holding, and
deliver the remaining $4,900.00 to Seller by, check payable to
Allen & Galego Trust Account. Accordingly, Seller is to receive
(a) Balance Due from Buyer of $301,114.95, plus (b) 'the excess
Deposit from The Daniels . Group of $4,900.00, less (c)
Disbursements for Seller's Expenses to be made by Allen & Galego
of $23,431.17, (d) for a total of $282,583.78. It is Seller's
responsibility to insure that it receives said check from The
Daniels Group and said total from Allen a Galego, and Buyer and
its attorney shall have no liability therefor.
2. In the event the real property taxes for 1999. differ from that
set forth above, the parties agree to re -prorate among themselves,
and pay the difference to the other. as appropriate, promptly upon
the written request of either party. Request from Buyer shall be
delivered to Seller's attorneys.
3. Seller shall pay all utilities, water and sewer, maintenance,
taxes and other casts through February 21, 1999. Buyer will use
the $2,000.00 holdback to pay Seller's required payments, and will
deliver the excess to Seller, by check payable to Allen & Galego
Trust Account.
4. Seller is. responsible. for and iljediate'1p'the
Mortgage recorded in ORB 9191, Page 1857 .and owned and held by
Beverly J. Campbell, as Trustee Under Trust Agreement dated
November B, 1991. Allen & Galego, attorneys for Seller, shall
immediately disburse from the closing funds and deliver the payoff
amount of $14,475.98 to Beverly J. Campbell, as Trustee under
Trust Agreement Dated November 8, 1991. In the event said amount
is not sufficient to completely pay off said Mortgage, Seller
shall be responsible for and shall immediately pay any additional
amounts required. Allen & Galego shall insure the- such required
additional amount, if any, is paid from Seller's funds. Seller and
2
11827
305-365-9018 ALLEN AND GALEGO 404 F 04 r WF 05 ' 99
Allen & Galego have a duly executed Satisfaction or Mortgage from
Beverly J. Campbell, as Trustee under Trust Agreement dated
November 8, 1991 as to said Mortgage, which they are duly
authorized to release to Buyer
released to Buyer at Closing. V 'arv�''��'��
y4s. M(Ze jjPa hec- pa,,j oe47 Check
5. Seller authorizes and directs the Balance Due From -Buyer - to
be paid to Allen & Galego Trust Account, and acknowledges and
authorizes the foregoing disbursements to be made by Allen &
Galego. Allen & Galego represent that it is authorized by Seller
to sign this Closing Statement on behalf of Seller, to receive the
Balance Due From Buyer and to make such disbursements. Seller and
Allen & Galego confirm that Seller has received payment in full
from Buyer, and that Buyer and its attorney shall have no
liability or obligation to Seller in connection with said
disbursements.
Miami -Seventh Corp., a Florida corporation
By:
Nora Ga ego Authoriftd Representative
Hasred, Inc., a Florida corporation
gy:
tuart I ar s, President 11
Allen & Galego
By:
L&x,4,_
Nora Galego
ADDITIMUL SUMS DUE FROM BUYER
Owner's Title Insurance Policy S 1,750.00
Documentary Stamps on Deed 2,010.00
Surtax on Deed 11507.50
Recording Costs 12.00
Total $ 5,279.50
Buyer to provide check at closing for the foregoing 'amount,
payable to Craig A. Jaslow, Esq. Trust Account.
3
11827
•
40
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
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a 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. 11827
xxxxx
Inthe................................................................................ Court,
waS-TIVed livid pewspaper In the issues of
Affiant 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 year next preceding the first publication of the attached
copy of. advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
a4discoy9t, rebate, comma fund for the purpose
ohis adverts or pu lication in the said
n
9 Smvtl�subscribed before meP1
........day of......`..........................j...%......................... A.D. 19......
...... �..Gamy/.tl:.e..d��.�eG•??bT.w.�.......
(SEAL) ®®®
PRY p j/ OFFICIAL NOTARY SEAL
Octelma V. el pe4nalG�"JGh t6irrlfs7ARMEFt
it 0 COMMISSION NUMBER
CC545384
MY CO�,ti SSION EXPIRES
�r 4j, F�O� APR. 12,2000
CITY OF. MIAMI,-FLORIDA
LEGAL NOTICE'
All interested persons will take notice that on-the.2nd day of August,. I
1999'. the City Commission of Miami, Florida adopted -the following ti;:,
tle_ d ordinances;
ORDINANCE NO. 11826` -
AN ORDINANCE -OF THE MIAMI CITY''COMMISSION
s' 'AMENDING PAGE NO. 24 OF THE ZONING.ATLAS OF THE
CITY OF "MIAMI, FLORIDA„ BY CHANGING THE ZONING .
CLASSIFICATION FROM ' .G/I GOVERNMENT AND
INSTITUTIONAL IN ORDER TO ADD SD-10 JACKSON j
MEMORIAL HOSPITAL .MEDICAL, CENTER OVERLAY
DISTRICT FOR THE. ' "PROPERTY r LOCATED AT.
APPROXIMATELY 1975 NORTHWEST ' 12TH AVENUE,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
REPEALER. PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE, DATE.
ORDINANCE -NO
AN.'
ORDINANCE OF THE MIA CITY COMMISSION
AMENDING THE" FUTURE LAND USE MAP CIF •-HE
COMPREHENSIVE NEIGHBORHOOD -PLAN BY CHANGING..
THE LAND' USE � DESTINATION OF THE PROI�RTY '
LOCATED AT, APPROXIMATELY 3880 NORTHWEST`T, H _
STREET; ENS
MIAMI, FLORIDA, FROM MEDIUM;DITY
-RESIDENTIAL-TO RESTRICTED COMMERCIAL:eRVING
FINDINGS; DIRECTING''TRANSMITTALS TO AFFECTED.
AGENCIES; CONTAINING A REPEALER PROV,I' NAND
A SEVERABILITY_ _CLAUSE; AND PROVIDING!'
EFFECTIVE' DATE. -n
-r
ORDINANCE NO. 11828 �> �' lai
AN ORDINANCE OF THE' MIAMI CITY COMMISSION OC
AMENDING PAGE NO. 32 OF THE ZONING ATLAS OF THE
CITY-OF'MIAMI, FLORIDA, BY 6HANGING THE ZONING
CLASSIFICATION, FROM R-3 MULTIFAMILY . MEDIUM
DENSITY ..RESIDENTIAL" ' TO C-1 . RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT AP-,
PROXIMATELY. 3880 NORTHWEST 7TH STREET, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND -A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 11829
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 PROPERTIES
LOCATED AT, APPROXIMATELY 16, 20, 24 AND 28
NORTHWEST 36TH COURT, MIAMI, FLORIDA, FROM -.DU-
PLEX 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.
ORDINANCE NO.11830
AN ORDINANCE- • OF' THE MIAMI CITY' COMMISSION
AMENDING PAGE NO. 33 OF. THE ZONING ATLAS OF THE
CITY;,OF. MIAMI, .FLORIDA, BY CHANGING THE, ZONING
CLASSIFICATION FROM R-2 TWO -FAMILY -RESIDENTIAL
AND , SD-12 BUFFER OVERLAY DISTRICT TO C-1
RESTRICTED' "COMMERCIAL, FOR HT PROPERTY
LOCATED 'AT 'APPROXIMATELY"16; 20, 24, AND'. 28'
NORTHWEST' 36TH' COURT, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER,PROVIS_ION'AND A
SEVERABILITY CLAUSE; AND' PROVIDING FOR AN
EFFECTIVE DATE.
-ORDINANCE. NO..118311
AN ORDINANCE - OF ;THE MIAMI CITY 'COMMISSION "
AMENDING ORDINANCE NO.,11000, AS AMENDED, THE
" ZONING ORDINANCE OF THE CITY OF` MIAMI; BY
!AMENDINGA ARTICLE 25 DEFINITIONS; IN ORDER -TO.
MODIFY THE DEFINITION OF "CLUB OR LODGE" TO
ALLOW CLUBS AND 1 LODGES, ` INCLUDING PRIVATE
CLUBS -AND LODGES, TO BE UTILIZED FOR BANQUET
FUNCTIONS BY THE PUBLIC; CONTAINING A. REPEALER
PROVISION. AND SEVERABILITY CLAUSE; -_AND
PROVIDING FOR AN EFFECTIVE DATE.