HomeMy WebLinkAboutO-11830J-99-457
6/18/99
11830
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 3.3 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 THE PROPERTY
LOCATED AT APPROXIMATELY 16, 20, 24, AND 28
NORTHWEST 36TH COURT, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of
May 3, 1999, Item No. 5, following an advertised hearing, adopted
Resolution No. ZB 1999-0174, by an eight to zero (8-0) vote,
recommending a change of zoning classification, as hereinafter
set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City,of Miami and its inhabitants to grant
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this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended,. the Zoning Ordinance of the City of Miami, Florida,
Page 33, Article 4, Section 401, Schedule of District
Regulations, is hereby amended by changing the zoning
classification from R-2 Two -Family Residential and SD-12 Buffer
Overlay District to C-1 Restricted Commercial for the property
located at 16, 20,. 24, and 28 Northwest 36th Court, Miami,
Florida, more particularly described as Lots 7, 8, 9 and 10,
Block 10, TWELFTH STREET MANORS, according to the plat thereof,
recorded in Plat Book 5, Page 59, of the Public Records of Miami -
Dade County,,Florida.
Section 2. It is hereby found that this zoning
classification change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing.conditions;
(g) will not adversely influence living conditions in the
neighborhood;
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not.create a drainage problem;.
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property value in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page No. 33 of the Zoning Atlas, made a part
-3
of Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description in. said
Ordinance, is hereby amended to reflect the changes made
necessary by this Amendment.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section,. paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective
simultaneously with its companion Comprehensive Plan amendment
(Ordinance No.11829 ), which takes effect thirty-one (31) days
after final reading and adoption thereof pursuant to
Section 163.3187.(3)(c), Fla. Stat. (Supp. 1998)."
PASSED ON FIRST READING BY TITLE ONLY this 22nd day of
June , 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
�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.
-4-
•
ft
this 2nd day of August
ATTEST:
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 iegis)latic„
becomes effective with the elapse of ter�(10) ys frp e date of C lmissicn actin,-,
regarding same, without the Mayor ex rci in a ye I.
WALTER J. FOEMAN
CITY CLERK
APPROVED
J. Foeman, City Clerk
CORRECTNESS.t/
-5-
118 0
ZONING FACT SHEET
Case Number: 1999-0186 03-May-99
PZ-7
SECOND READING
Item No: 5
Location: Approx. 16, 20, 24 and 28 NW 36 Ct.
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Robert Deehl, President Jerry Proctor, Esq.
for Eduardo, Inc. 200 S. Biscayne Blvd., 25 Floor
200 S. Biscayne Blvd.
Miami, FL 33131 Miami, FL 33131
App. Ph: (305) 350-2361 Rep. Ph: (305) 350-2361 ext _
Rep. Fa (_) = ext _
Zoning: R-2 Two-family Residential
SD-12 Buffer Overlay District
Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 4, Section 401, Schedule of District
Regulations from R-2 Two -Family Residential and SD-12 Buffer Overlay District to
C-1 Restricted Commercial. This will allow a unified commercial development on
the block.
Recommendations:
Planning and Development: Approval
Public Works: No comments
Plat and Street Committee: N/A
Dade County Transportation: No comments
Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date:
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History: This case was recommended for approval to the City Commision by the Planning
Advisory Board on 4/21/99.
Analysis: Please see attached.
Zoning Board Resolution: ZB1999-0174
Zoning Board: Approval Vote: 8-0
City Commission: Passed First Reading on June 22, 1999.
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0
•
ANALYSIS FOR ZONING CHANGE
Approximately 16, 20, 24 and 28 NW 36" Court.
CASE NO: 1999-0186
Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, the subject proposal for an amendment
to the Zoning Atlas has been reviewed as follows:
The request is to change the Zoning designation as follows:
Lots 7, 8, 9 and 10, in Block 10, TWELFTH STREET MANORS SUBDIVISION,
(5 - 59) from R-2 "Duplex Residential" to C-1 "Restricted Commercial'
The following findings have been made:
• It is found that the subject properties are currently being used legally as a parking lot
for the adjacent property immediately to the west, designated C-1 "Restricted Com-
mercial".
It is found that the subject properties have the C-1 "Restricted Commercial" zoning
designation immediately to the west, and that the proposed change will be a logical
extension of the commercial designation.
• It is found that this application will allow the subject properties to be developed in a
manner which includes the uses for which the properties are allowed and will add a
host of uses that can better serve the immediate neighborhood and the region.
Based on these findings, the Planning Department is recommending approval of the
application as presented.
11830
• •
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11830
Miami Zoning Board
Resolution: ZB 1999-0174
Monday; May 03, 1999
Ms Ileana Hernandez -Acosta offered the following Resolution and move
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD
RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ZONING ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE 33, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R 2 TWO-FAMILY RESIDENTIAL
AND SDA2 BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 16, 20, 24 AND 28 NW 36 COURT LEGALLY
DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED; ZONED R-2 TWO-FAMILY RESIDENTIAL AND
SD-12 BUFFER OVERLAY DISTRICT.
Upon being seconded by Mr. Humberto J. Pellon,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Away
Mr. Charles J. Flowers
Yes
Ms. Ileana Hernandez -Acosta
Yes
Mr. Osvaldo Moran-Ribeaux
Yes
Mr. Humberto J. Pellon
Yes
Mr. Fidel A. Perez
Yes
Mr. Juvenal Pina
Yes
Mr. Ricardo D. Ruiz
Yes
Ms. Fernandez: Motion carries 8-0
Case No.: 1999-0186
AYE:
g
NAY:
0
ABSTENTIONS:
0
NO VOTES:
0
ABSENTS:
1 -.
i
Teresita L. Fernandez, Chief
Office of Hearing Boards
Item Nbr: 5
n
•
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 7, 8, 9 AND 10, BLOCK 10 TWELFTH STREET MANORS,
PLAT BOOK 5, PAGE 59, OF THE PUBLIC RECORDS OF DADS
COUNTY, FLORIDA.
G: \DMS\73 719\ 11653 \0221902.01
2/4/99
11830..
SECTION 2210. NATURE AND REQLTIREIvvi I OF ZONING BOARD
REPORT TO CITY COMMI ON
(CIRCLE APPROPRIATE CONDITIONS)
When pertaining to the rezoning of land under application made under
Article 22, the report and recommendation of the Zoning Board shall show
that the Zoning Board has studied and considered, where applicable, whether
or not:
(a) The proposed change conforms with the adopted Miami
Comprehensive Neighborhood Plan and does not require a plan
amendment;
The proposed change is in harmony with the established land use
pattern;
(n) The proposed change conveys the same treatment to the individual
owner as to owners within the same classification and the immediate
area and furthers the protection of the public welfare;
(o) There are substantial reasons why the use of the property is unfairly
limited under existing zoning;
(p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
L0 The proposed change is related to adjacent and nearby districts; (MOTION) After considering the factors set forth in Section 2210 of
Ordinance 11000, I ve that the request be recommended to the City
(d) The change suggested is not out of scale with the needs of the Commission for ( PROV (DENIAL).
neighborhood or the city;
r
e) le proposed change maintains the same or similar population density z� pattern and thereby does not increase or overtax the load on public
facilities such as schools, utilities, streets, etc.; Signature
(f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
(g) Changed or changing conditions make the passage of the proposed
change necessary;
(h) The proposed change positively influences living conditions in the
neighborhood;
(i) The proposed change has the same or similar impact on traffic and
does not affect public safety to a greater extent than the existing
classification;
0) The proposed change has the same or similar impact on drainage as
the existing classification;
(k) The proposed change has the same or similar impact on light and air
to adjacent areas as the existing classification;
(1) The proposed change has the same or similar impact on property
values in the adjacent area as the existing classification;
(m) The proposed change will contribute to the improvement or
development of adjacent property in accord with existing regulations;
zu,5
Agenda Item
5/3/eg
Date
11830
CITY OF MIAMI
OFFICE OF HEARING BOARDS
APPLICATION FOR AMENDMENT TO
ZONING ATLAS AND/OR OVERLAY DISTRICT
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.
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
I, Eduardo. Inc. , hereby apply to the City Commission of the City of Miami
for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in
support of that request, furnish the following information (see Article 22 of the Zoning Ordinance):
f 1. Address of property: 16, 20, 24, 28 NW 36 Court
d 2. Folio Number: _ 4104-023-0610<2�W 3 30-99
f 3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one
year from the date of the application.
4. Affidavit disclosing ownership of property covered by application and disclosure of interest
(see attached form).
5. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of
property covered by this application.
6. At least two (2) photographs that show the entire property (land and improvements).
d 7. Present zoning designation(s): R-2 with SD-12 Overlay
f 8. Future zoning designation(s):
9. Other (specify and attach cover letter explaining why any document you are attaching is
pertinent to this application).
11830
f 10. Statement explaining why present zoning designation is inappropriate.
See attached letter of intent
d 11. Statement as to why proposed zoning designation is appropriate.
See attached letter of intent
d 12. Recorded warranty deed and tax forms for the most current year available that show the present
owner(s) of the property.
13. Other (specify).
f 14. Filing fee of $ $2.500 according to Section 62-156 of the Zoning Ordinance:
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area: ........................... $ .15
Minimum............................................................ 635.00
R-3, R-4, O, G/I, HP, per square foot of net lot area: ...................... ; . $ .20
Minimum ............................... :............... :............ 750.00
C-1, C-2, I, per square foot of net lot area ................................. $ .25
Minimum............................................................ 990.00
CBD and all SD's, per square foot of net lot area: .......................... $ .30
Minimum.......................................................... 1,000.00
Public hearing mail notice fees, including cost of handling and
mailing per notice: ........................... I ...................... $ 3.50
0'e Signature: /
Name: v I'D
Address: too
Phone: 3�; rZ3h l
Date:
2
11830
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE }ss:
The foregoing instrument was acknowledged before me this day of
1999by
who is personally known to me or who has produced a valid
drivers license as identification and who did (did not] take an'oath.
Notary Public I State of Florida
Name
Commission No.:
My Commission Expires:
srrrerrea♦►raarrarerrerraRr+4a.e�Rw►RtiF#
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE }ss:
l r
The foregoing instrument was acknowledged before me this day of J
1999 by K_y 4_�r ye4 s &5 pCs(d! y, of -T7'- L
a corporation, on behalf of the corpora#io He/SjtIly known to me or wh as produced a valid
drivQ s'f efi , *,jdentification and,Nvho d1 did ath.
ic ate o onda
o •
Name
2 : #CC 571572 ; o Commission No.:
oq �: oBandedth�o°0� OQ�
°•; fain-IpSV�i•��;�� My Commission Expires:
�''!,B d l i$ p E ,�\�`` *�R4+ERR*RMNFPeVrRlrlMwawraarraaaaa►a.r
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE ]�
The foregoing instrument was acknowledged before me this day of
1999 by , a partner (or agent) on behalf of
a partnership. He1She is personally known to me or who has produced a valid drivers license as
identification and who did (did not] take an oath.
Notary Public I State of Florida
Name
Commission No.:
My Commission Expires:
3
900 'd IV U 'HS91 IIS `N I Z'I I 8
11830
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FROM : City of Miami Hearing Boards
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FAX NO. : 3054162035 Apr. 20 1999 04:38PM P;
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and to whieve =t=C=:wRt
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of lbiierai (tf�eN"p p �"aft ��� OW N.W. 37td Avem ft � 0 of the C,ty
fa ba y is 1111ly dwefbed 4s, wawa om�m Road) is the City
to tbe� by � V140er gee+ait to 00 South, N. W F1aSles Teersoal to � N a�aehW °obit and
xowd and aad N.W. 37tts,�v (� � to the Wf, � N.W. 36th Covet
ofappr°1�4ned "iced Co;v°u''h' of the Progeny is
1 �' a I OV ltt the NbA &am oe " +� C•1 zo°� Howevoe, the area
portion oftlae COMWOW.W.
Flnew TerMe and N.W. 366 A earn of Prope"'. located at the South Wag
Da'parey u desi fbr residential develo R 2 wAth as SD-12 overlay. Thb
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FROM : City of Miami Hearing Boards FAX NO. : 3054162035 'Apr. 20 1999 04:39PM P4
BILYIM SUMIR`R® DUNp 021i1CK & AXCLROD {.LR
lanwry 7, 1999 "
Page 2
compmhew've p1aa. The applicant herewith re
to Restricted Cammenial with a cones q"� a small-scale COmPre fsive plan att:eadmeat
("Restricted Cotnmet+eisl"). The pO° apPlicati®n for district boundary chanp requisite apPd�icn forms and fee fbr these m�ts are attached.
hed.
In the City`s coaeidetation of this requested aateredtttent end district boundary c e, !
note the following; fmg p ease
1 • Tht existitg rasidetetie► to -
&W damp won is a Ott „Wend"
by commercially dnWlftd P omey. This ezist� -islassd" i9 VA
mudded by street a8d
and West by COM&ciRUY deslgrtew property, surttsunded to clan East, gOUd ,
City $ compteheasive plea to the East rums Naeffi to thoommencially deaiprated area in the
These r8queft Terraoe except �r the subject 100' x would merely f 100' seed that forme t>:s butt
f these applicsdos.
patwm to the moachieve a msisteary with the "[15 tg commercial bound"
2. The location of the overall subject
commercial art na (West PmPaty at the iatoructioa of two heavily Mveled
pedestrians et Ste W sad Douglas ROad) provides the easy access by
Co vial" d d lm� automobile$ that form the ceamy tts w W the "Restricted
located in areas strah aa, padon in the City, the "Resteleu� C�• ��on is preferably
�r4' *b"am eta dfWdYscosible viamass mmaparMofi
$70 ft2b4-duPle rnsidenhal" designation would allow up to IS dwellings per
gM of "PtOximatelY () residoW units on the cornet of the Pry
a uWWMW*d believes chat is is Pmftreble public policy to p ace a
with �' oriaatatiorr to West Fla6ler Sheer and Douglas
drive cuts ad dheet 'w M' residratiel units is the N.E. comer of to pmpeny with attendant
act pon the residential sea to the North.
3. The CIWJJ compabeneive
ply
new ooa:sructioa and P�
is ar+mawlaste aoeaQptsble Mvoirs of sssvioe eulst rend �mmes<tal t+edevelo
su�1 o"* Rand sttd West Flagler Street offer kolas for stihoeougl and
e pporerutittes for retrovation and
In conjunction wjdk tlda application, the
Mftpnema tm to dw aPPy®ar i' wiltlag to e�tein and consider
UN compatibility of the r � - �j ro� epmm�h' ftch will insure
Ampoeed Ecltierda dewlopmsat with the surrounding ants
AO* 7371%118»10371117.01
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11830
FROM : City of Miami Hearing Boards FAX No. : 3054162035 Apr. 20 1999 04:40P11 P5
191"1 r SUMSCRO DuaN PRIG! 6 Axcl.nao I j p
January 7, 1999
Page 3
If you have MY gyot'*18 remipa this application, ploase give me A call. Ihank
considemdoa.
yaufbryour
Very truly you",
Jeri► $. Pt'aetor
J$P/ap
cc: Marc Sages
c:w>rszm�t�Iuee�urut I�,or
ItavAe
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AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared Robert M . D e e h 1
who being by me first duly s-Apra, upon oath, deposes and says:
l . 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.
1 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 not.
f --J �()4
Appl ants Signs a s e s i d e n t o f
STATE OF FLORIDA Eduard , Inc., a Florida corporation.
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this day of January
19 99,by Robert M. Deehl , President of Eduardo, Inc.
a F l o r i d a corporation, on behalf of the corporation.
He/She is personally known to me or has produced as identification
and who did (did not) take an oath.
Notary PublicL-State of Florida
Commission No.:
My Commission Expires:
11830
DISCLOSURE OF OWNERS
i. Legal description and street address of subject real property: F o r L e g a 1 D e s c r i p t i o n, s e e
Exhibit "A" attached. Street Address: 16, 20, 24 and 28 NW 36 Court
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-6I 8 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, m 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 Robert M. Deehl , 13005 S.W. 61s t Avenue, Miami, Florida,
33156 % interest .in Eduardo, Inc. and- Lila Deehl Jacobson, 120
Forest PTr'k Court, Longwood, Florida, 32779,% interest in Eduardo,
Inc.
3. Legal description and street address of any real property (a) owned
(b) located within 375 feet of the subject real property. SEE ATTACHED y Party lrsted tom to question #Z, and
ZS L-n P a
Owner or Attorney for Owner a s P r e s i d e n t
of Eduardo, Inc, a Florida
corporation
STATE OF FLORIDA
COUNTY OF NIIAMI-DADS
The foregoing instrument was acknowledged before me this . day of January
1999 , by Dpphl* who is
produced Personally known to me or who has
as i fication and who di id not) take an oath. *As President of Eduardo, Inc., a Florida porati"
i
and J. Vo ii� Name:' //
•••,tss►oN'-e!'� Notary Public -Stile of Florida
_ Commission No.:
fl 2g?
My Commission Expires:
o ; 'CC 571572 : o�
l
OWNER'S LIST
Owner's Name Robert M. Deehl- 507 interest in Eduardo Inc.
Mailing Address 13005 SW 61 Avenue MIami FL Zip Code 3j j
Telephone Number
Legal Description:
See attached Exhibit "A"
Owner's Name Lila Deehl Jacobson- 50% interest in Eduardo Inc.
Mailing Address 120 Forest Park Ct. Longwood, FL Zip Code 32779
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
See attached Exhibit "A"
Zip Code
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
See attached
cAp*tarl���
Street Address
Legal Description
Street Address
Legal Description
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 7, 8, 9 AND 10, BLOCK 10 TWELFTH STREET MANORS,
PLAT BOOK 5, PAGE 59, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA. .
GADMS\73719\ 11653\0221902.01
2/4/99
11830
0 . 0
ADJACENT PROPERTY OWNED BY APPLICANT
Lots 1-6 and Lots 11-20, Block 10, less, all portions
thereof taken in condemnation proceedings by Dade County,
in Condemnation Case No. 64L-1561, in Circuit Court of
the Eleventh Judicial Circuit in and for Dade County,
Florida; more particularly described as: The North 5.00
feet of the West 24.88 feet of Lot 1, in Block 10,
included in the external area formed by a 25.00 foot
radius arc concave to the Southeast, tangent is 5.00 feet
South of and parallel to the North line of said Lot 1;
AND all that part of Lots 19 and 20, in said Block 10,
included in the external area formed by a 25.00 foot
radius arc concave to the northeast, tangent to the West
line of said Lot 20 and tangent to the South line of said
Block 10 of TWELFTH STREET MANORS, according to the Plat
thereof, recorded in Plat Book 5, at Page 59, of the
Public Records of Dade County, Florida.
JAN. 6.1999 2:29PM BWIR
OOF
PARED BY AND RETURN TO: EC.17051w3g
Berman Wolfe & Rennert, P.A.
100 S.E. 2nd Street, Floor 33
Miami, Florida 33131
N0.202 P.2/3
915ROL116459 1996 JAN Cu 16:09
PropertyAppralser's Parcel
Identification No. ty/o q-023-0600 4,d �/q 023.0l dp
ttae'a Tax Payer
identification
DDCSTPDEE 0.60 SURTX 0.didentification No. 00HARVEY RUUINt CLERK DADE COUNTY► FL
QUIT&MAIM-QRr;I3
THIS DEED, made this Z1— day of December, 1995, by and between Robert M.
Deehl, a m rr; Berl man, and Lila Dash[ Jacobson, a 4arr; ed woman, ("Grantor"),
whose post office address is 13005 S.W. 61 Avenue, Miami, Florida 33156, and
EDUARDO, INC., a Florida corporation ("Grantee'l, whose post office address is
_c/n RnhaXt (>pph1-e lannF c tit Al AvgWAa , M�ATj�I FL 13154; .
WITNESSETH, that Grantor, for and in consideration of the sum of Ten ($10.00)
Dollars in hand paid by Grantee and other valuable considerations, the receipt whereof
is acknowledged hereby grants, bargains and sells to the said Grantee and to Grantee's
heirs and assigns, forever, all of Grantor's right, title and interest in and to the land in the
County of Dade, State of Florida, described as follows:
Lots 1 through 20 inclusive, in Block 10, LESS, all portions
thereof taken in condemnation proceedings by Dade County,
in Condemnation Case No. 64L-1561, in Circuit Court of the
Eleventh Judicial Circuit in and for Dade County, Florida; more
particularly described as: The North 5.00 feet of the West
24,88 feet of Lot 1, in Block 10, together with all that part of
Lots 1 and 2, in said Block 10, included in the external area
formed by a 25.00 foot radius are concave to the Southeast,
tangent is 5.00 feet South of and parallel to the North line of
said Lot 1; AND all that part of Lots 19 and 20, in said Block
10, included in the enteral area formed by a 25.00 foot radius
arc concave to the Northeast, tangent to the West line of said
Lot 20 and tangent to the South line of said Block 10, of
TWELFTH STREET MANORS, according to the Plat thereof,
recorded in Plat Book 5, at Page 59, of the Public Records of
Dade County, Florida,
THIS PROPERTY IS NOT THE HOMESTEAD PROPERTY OF THE GRANTORS.
IN WITNESS WHEREOF, the Grantor has executed this instrument the day and year first
above written.
Signed, sealed and delivered
in the presence of:
r
Witnes gnature R B RT M. DEE
_ .�� �J� 13005 S.W. 61 Avenue
��
Miami, Florida 33156
Print Name
l s S'gnature LILA DEEHLI OBSON
�MmsG Pa r k. cif irT
Print Name
, PL 3z77q
�V
QUIT CLAIM DEED - Page 1 of 2
11830
JAN. 6.1999 2:29PM BWR
NO.202 P.3i3
y WE OF FLORIDA }
OEC.1"tt���0 OFF.
�Jj��'f,d• 40
) SS:
COUNTY OF DADE )
The foregoing instrument was admaMedged before me this day of December,
1996, by ROBERT M. DEEHL, s
rso r er
iden Itiftatim j irrthaKernIVoleke
!, 7o
Print Name of to
Notary Public, State of Florida at La
(SEAL)
My Commission Expires:
,
HO WAIW I VOCA
STATE OF FLORIDA
N°T"RY t'u°uc STATrf of rtoxro^
CAMMIBSION NO, CC9994Q
SS:
My aNhOWTON EXP. ocr. 2pao%
COUNTY OF DADE
The foregoing instwment was a
ed before me this 2 day of December,
1995, by LILA DEEHL JACOBSON ho is persona y own m ,
Prep
Rot take SR Qati°I.
C�wl�a Agin —
Print Narrilk of Notary:2&&mbWv*.w�
Notary Public, State of Florida at Large
OTM L3EAL
Carolyn Fat tiunitch
My Commbslon fixplres
My Commis Dec. 9, 1996
-%-jua-C
l%04 . 4�wr�wr Comm. No. CC 24$401
R`Qa1 1 C M or ROCORas ROOK
D/040!
.
. LO
IFISO KORiDA.
- CORD YtRf�/ep
HARVEY RUVIN
WA9 e,Rwn CQUAr
i
QUIT CLAIM DEED - PAGE 2 of 2 6�
: tiI1HII, I�OLr�&xi:YIyERT FAY NO, 1n ,=73oJ36 P. 02/-..4
iJL-:6-1999 FRI 02 13 PM
ibis instrument prepared by
and when recorded returr to:
=_rry 9. Proctor, =sq.
Bi!mr. Sumberg Cunn Price & Axelrod LLP
2500 First Union Financial Certer
200 South Biscayne Boulevard
Miami. Florida 33131-2336
Above =or
DECLARATION OF RESTRICTIONS
Only;
The undersigned, as Owner of the following described real property (the "Property"),
lying, being and situated in the City of Miami, Miami -Dade County, Florida, and legally
described as:
Lets 7, 8, 9 and 10, Block 10, Twelfth Street Manors, Plat Book 5, Page 59,
of the Public Records of Dade County, Florida.
Street Address: 16, 20, 24 and 28 NW 36 Court, Miami, Florida.
IN ORDER TO ASSURE the City of Miami that the representations made to them by the
Ownerwill be abided by the Owner, its successors or assigns freely, voluntarily and without
duress makes the following Declaration of Restrictions covering and running with the
Property:
(1) That this Declaration shall become final and shall be recorded in the Puolic
Records of Miami -Dade County, Florida and isconditioned upon the
approval of the change of zoning, as requested in the 1999 Public Hearing
Application on the above referenced property by the City of Miami, Florida
and expiration of all applicable appeal periods.
(2) There small be no vehicular access permitted from the subject property to
NW 36 Court to the east and NW Flagler Terrace to the north.
G.,'.r.MS'A\C245555_ 01
7UL-:6-1999 FnI C2:13 PM�BERMAV0LF=&RE.NXERT Fisk NO, , 6` r3KH P, 03/ 4
r
Declaration of Restrictions
Page 2
(3) Covenant Running with the Land. This Declaration on the part of the
Owner shall constitute a covenant running with the land and shall be
recorded in the public records of Miami -Dade County,. Florida and shail
remain in full force and effect and be binding upon the Owner, and his heirs,
successors and assigns until such time as the same is modified or released.
These restrictions shall be for the benefit of, and limitation upon, all present
and future owners of the real property and for the public welfare.
(4) Modification, Amendment Release, This Declaration of Restrictions may
be modified, amended or released as to the land herein described, or any
portion thereof, by a written instrument executed by the, then, owner of the
Property provided that the same is also approved by the City of Miami,
Florida, after public hearing,
(5) Enforcement. Enforcement shail be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any
action or suit, pertaining to or arising out of this Declaration, shalt be entitled
to recover, in addition to costs and disbursements allowed by law, such sum
as the Court may adjudge to be reasonable for the services of his attorney.
This enforcement provision shall be in addition to any other remedies
available at law or in equity or both.
(6) Election of Remedies. All rights, remedies and privileges granted herein
shall be deemed to be cumulative and the exercise of any or more shall
neither be deemed to constitute an election of remedies, nor shall it preclude
the party exercising the same from exercising such other additional rights,
remedies or privileges.
(7) Severability. Invalidation of any one of these covenants, by judgment of
Court, in no way shall affect any of the other provisions which shall remain
in full force and effect.
(8) Recording. This Declaration shall be filed of record in the public records of
Miami -Dade County, Florida at the cost of the Owner following the
acceptance by the City of Miami.
a:\ems\��aztissss.�z
2
118130
JUL-1.6-1999 FRI 02:I1 PM BERMAN, kOLFE&PE`NEP; �Ak IyC 3G5�73cJ?6 p, Oa./�a
Declaration of Restrictions
Page 3
Signed, witnessed, executed and acknowledged this �� day ox, , 1999.
1A +nessas: Owner: Eduardo, Inc.
PrO Name: 4-re
By: `
Print Name: V ) hJ0 Ker
STATE OF-F Oc }
COUNTY O _ }ss:
The foregoing instrument was acknowledged before me this \b day of �IQAIA 1999
by e'�owho is personally known to me or produced a vall rivers
license as identification.
\S o
Notary Oublic
Sign Name: Y�aoLkw
Print Name: \sa 1-Jwv
My Commission Expires: Serial No(one, if blank):
My COfM1LWOft Expires May 8, 20M [NOTARIAL SEAL]
r
Q;'1,D.KZ\\\024S535. U1
3
11830
0 - 0
G:\MSR\4959\4959027B.OPINION OF TITLE
OPINION OF TITLE
To: CITY OF MIAMI, a municipal corporation
With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, FLORIDA as an
inducement for the acceptance of a Declaration of Restrictions and for the granting of a proposed zoning/master
plan amendment respecting the Property (as hereinafter defined), it is hereby certified that we have examined, as to
the following described Parcel of real property (the "Property"):
Lots 7, 8, 9 and 10 in Block 10, of TWELVETH STREET MANORS, according
to the Plat thereof, recorded in Plat Book 5, at Page 59 of the Public Records of
Dade County, Florida.
Based solely upon a review of Commonwealth Land Title Insurance Company Commitment for Title
Insurance bearing Effective Date June 14, 1999 at 6:00 a.m., we are of the opinion that as of June 14, 1999. at 6:00
a.m., record fee simple title to the Property was vested in EDUARDO. INC.. a Florida corporation, subject to the
following encumbrances, liens and other exceptions:
RECORDED MORTGAGES: None.
2. RECORDED MECHANICS LIENS, CONTRACT LIENS. LIS PENDENS AND JUDGMENTS:
a. Notice of Violation in favor of City of Miami dated September 9, 1994, recorded October 31,
1994, in Official Records Book 16563 at Page 4950 of the Public Records of Dade County,
Florida.
b. Warrant for Collection of Delinquent Sales Tax in favor of the State of Florida dated June 8, 1988,
recorded June 17, 1988, in Official Records Book 13719 at Page 3302 of the Public Records of
Dade County, Florida, in the original amount of $159.75.
C. Warrant for Collection of Delinquent Sales Tax in favor of the State of Florida dated May 19,
1988, recorded June 1, 1988, in Official Records Book 13698 at Page 33.41 of the Public Records
of Dade County, Florida, in the original principal amount of $1,544.98.
GENERAL EXCEPTIONS:
a. All taxes for the year in which this opinion is rendered, unless .noted below that such taxes have
been paid.
b. Rights of persons other than the above owner who are in possession.
C. Facts that would be disclosed upon accurate survey.
d. Any unrecorded labor, mechanics' or materialmens' liens.
e. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS:
a. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port
authority for unpaid service charges for service by any water, sewer or gas system supplying the
insured land.
Liens and assessments pursuant to Chapter 84-10 of the Metropolitan Dade County Code.
C. Restrictions, covenants, conditions and easements as contained on the Plat of Twelveth Street
Manor, recorded in Plat Book 5, Page 59, of the Public Records of Dade County, Florida.
0
0
d. Rights of tenants occupying all or part of the insured land under unrecorded leases or rental
agreements.
e. Agreement recorded in Official Records Book 18619, Page 1492 of the Public Records of Miami -
Dade County, Florida.
Therefore, based solely on a review of the foregoing title evidence, I certify that (i) the following parties are the
only parties holding record fee title to the Property or holding a mortgage interest in the Property of record:
NAME
INTEREST
Eduardo, Inc., a Florida corporation Owner
and (ii) Eduardo, Inc., a Florida corporation, and Robert M. Deehl and Lila Deehl Jacobson, individually, are the
only parties that must join in the execution and delivery of the aforementioned Declaration of Restrictions.
I further certify that I am an Attorney -at -Law duly admitted to practice in the State of Florida, and am a
member in good standing of the Florida Bar.
Respectfully submitted on this �day of July, 1999.
GREENSPO E , HIRSCHFELD, RAFKIN,
RO R A.
By:
MICHAEL S. ROSS
11830
f
•
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. 11830
XXXXX
inthe................................................................................ Court,
wag-p_ IVed iq sai� rspaper 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 mall 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 furthaLsays that she has
neither paid nor promised any n, fir or corporation
any disco ebate, comm refun for the purpose
of sec nq this adverts t r public tion in the said
9 S�q[rl ms-subscribed before me
........day of.......................��........................................ A.D.19......
st1!.....� ................
(SEAL) „ p Ry p(�� OFFICIAL NOTARY SEAL
rryy CHERYL H MARMER
Octelma V. Ferbeyre O .faro n to fdtrlsSION NUMBER
Q CC545384
7 ' PAY COONMISSON EX?4RE5
�OF FA_O APR. 12,2000
^- . - CITY OP MIAMI, FLORIDA
LEGAL NOTICE
i All interested persons will take notice that on the 2nd day of August,
1999, the City Commission of.Miami, Florida adopted the following ti-
tled ordinances: -
ORDINANCE NO. 11826
AN 'ORDINANCE OF THE. MIAMI CITY -:COMMISSION
AMENDING'PAGE NO. 24 OF THE ZONING ATLAS•OF THE- '
CITY OF. MIAMI,. FLORIDA, rBYI CHANGING. THE. ZONING
CLASSIFICATION FROM ; G/I GOVERNMENT; AND
'INSTITUTIONAL '1N ORDER �TO...ADD SD-10 JACKSON_. --,
MEMORIAL - HOSPITAL "`MEDICAL CENTER .•OVERLAY•
DISTRICT FOR THE PROPERTY LOCATED AT
1 APPROXIMATELY 1W5_e,NORTHWEST 12TH -AVENUE,
MIAMI,=FLORIDA; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FORANEFFECTIVE DATE.
'ORDINANCE NO. 11827
AN ORDINANCE. -OF THE, MIAMI CITY COMMISSION
AMENDING THE 'FUTURE. LAND USE MAP OF THE
`COMPREHENSIVE NEIGHBORHOOD •PLAN BY CHANGING
THE LAND"USE. 'DESTINATION OF T E PROPERTY
.LOCATED AT APPROXIMATELY 3880 E 13THWEST 7tT!q "
STREET, MIAMI, FLORIDA, ' FROM WIEDIUM>DENSfV
RESIDENTIAL TO RESTRICTED COMMEF(QIA'U_ MAKING
FINDINGS; DIRECTING'TRANSMITTALS�TO!4*1 CTI D
AGENCIES;;..CONTAINING,.A REPEALER PROVISION A9
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE. -
ORDINANCE NO. 11828
AN'.ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO.,32 OF THE ZONING ATLAS OF THE -
61TY OF MIAMI,; FLORIDA, BY CHANGING 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.
r
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 i
AFFECTED AGENCIES; 'CONTAINING 'A REPEALER.
PROVISION AND A SEVERABILITY . CLAUSE;,': -AND
PROVIDING FOR AN EFFECTIVE DATE:
ORDINANCE NO.11830.
-AN ORDINANCE OF * THE MG�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 1.APPROXIMATELY* 1.6 20, '24, AND 28.
NORTHWEST 36TH .COURT.; MIAMI,' FLORIDA; • MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A it
SEVERABILITY . CLAUSE; AND PROVIDING 'FOR AN '
EFFECTIVE DATE.
ORDINANCE NO.11831-
AN ORDINANCE OF THE. MIAMI CITY COMMISSION
AMENDING ORDINANCE NO: 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF .MIAMI, BY -
AMENDING ARTICLE 25 DEFINITIONS,IN ORDER TO '
MODIFY THE DEFINITION OF "CLUB OR LODGE" TO
"ALLOW CLUBS AND, 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.
M
M
IM