HomeMy WebLinkAboutO-118740
0
J-99-851
11/15/99
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 PROPERTIES
LOCATED AT APPROXIMATELY 1515, 1545, 1605,
1615 AND 1625 NORTHWEST 7TH STREET, MIAMI,
FLORIDA, FROM OFFICE TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board, at its meeting of
September 22, 1999, Item No. 3, following an advertised hearing,
adopted Resolution No. PAB 36-99, 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 Miamiand 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
11874
• 0
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 Office to Restricted Commercial for the properties located
at approximately 1515, 1545, 1605, 1615 and 1625 Northwest 7th
Street, Miami, Florida, more particularly described as Lots 20,
21, 22, 23, 24, 25, 26 and 27, less the South 10 feet thereof,
Block 4, GROVE PARK SUBDIVISION, as recorded in Plat' Book 5,
Page 66, 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
the prior twelve months;
Page 2 of,4
874
(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
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.
Page 3 of 4
Section 7. This Ordinance shall become effective thirty-
one (31) days after second reading and adoption thereof pursuant
and subject to § 163.3187 (3) (c) , Fla. Stat. (Supp. 1998).11.
PASSED ON FIRST READING BY TITLE ONLY this 16th day of
November 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 14th day of December 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not in .'°Nate aporn, al of
this Legislation by signing it in the designated face provided, said i0-gi- f�i's
becomes effective with the elapse of ten (10) d y - from th� Lr of Cornn,i�` ; E r �. , _ r"n
regarding same, without the Mayor q$erpNn vetW ''\
ATTEST:
WALTER J. FOEMAN
CITY CLERK _
CORRECTNESS
6:GMM:eij
d
J. FoPffiMitv Clerk
�i This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto'by the City Commission or upon the
effective date stated herein, whichever is later.
Page 4 of 4
® PZ-8
-- - - SECOND READING
PLANNING FACT SHEET
APPLICANT Alan Bumberg.
HEARING DATE September 22, 1999.
REQUEST/LOCATION Amendment to the Miami Comprehensive Neighborhood Plan
Map.
LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Office.
PETITION Consideration of amending Ordinance 10544, as amended, the
Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) by
amending the Future Land Use Map by changing the land use
designation for the properties located at approximately 1515,
1545, 1605, 1615 and 1625 NW r Street from "Office" to
"Restricted Commercial" -
PLANNING
RECOMMENDATION Approval.
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval . VOTE: 9-0
CITY COMMISSION Passed First Reading on November 16, 1999. -
APPLICATION NUMBER 99-030 Item #3
-----------......................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
:...................................
...................................................................................................................................................................................................
Date: 09/17/99 � Page 1
1 �**74
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 1515, 1545, 1605, 1615. and 1625 NW 7tb Street.
Application No. 99-12
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "Office" to "Restricted
Commercial". The subject property consists of a 1.11 acre parcel: Lots 20, 21, 22, 23, 24,
25, 26 and 27 less the South 10 feet thereof in Block 4 GROVE PARK SUBDIVISION
(5 - 66). .
Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6. L, 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"'Office"; and the same designation is immediately to the east; to the north, the
area is designated "Single Family Residential"; to the west, the area is designated
"Restricted Commercial" and, to the south, the area is designated "Major Institutional,
Public Facilities, Transportation and Utilities" and "Restricted Commercial'.
The Office designated areas allow residential uses to a maximum density equivalent to
"High Density Residential which is 150 dwelling units per acre, subject to the same
limiting conditions; transitory residential facilities such as hotels and motels; general
office use; clinics and laboratories, and limited commercial activities incidental to
.principal activities in designated areas. Supporting facilities such as auditoriums,
libraries, convention facilities, places of worship, and primary and secondary schools may
be allowed with the "Office" 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.
11874
The Planning Department is recommending APPROVAL .of the application as -
presented based on the following findings:
• It is found that the subject properties are actually under the same ownership and.
immediately adjacent to the west, there is an area designated Restricted Commercial.
• It is found that the change to "Restricted Commercial' is a logical extension of ;that.
category.
• 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.
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.
2
11874
RESOLUTION PAB -36-99
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
1515, 1545, 1605, 1615 AND 1625 NW 7.. STREET FROM "OFFICE" TO
"RESTRICTED COMMERCIAL".
HEARING DATE: September 22, 1999
ITEM NO. 3
VOTE: 9-0
ATTEST:
Gelabert-San ez, D'r or
Planning Department
� j.
Lt*.'* :29:9
a
v Oil—
t '[• t
„. o +.w..♦ ,.�. 'cam* ,. y'd w.. '*,. �r w'i
y-y
,L}-^'�• f'"��T ; 6F.��... P� •' i; ee*_� r r•-. -/J, i`e- 4.
�-i 6 x
}� •RM 9 Y _" Y'' S F fM T Lv.
ri
low
r � e X . ,:may �` • � . l'i � � s '` `f ' .- r 0.ti, •
-f c
t
r •. ems^
«w
G � �� ` .r-„� _ �•�.'IT
� e ♦ • ii 0` �JRr+' z NI .i:' � 'i � i Iti. f
7a
6lt 'Ed
2y
#� a s
> J
S4 w' .raarr�� 1 ,fir .
ra.
♦: .e.> ._. ...
:� `777T=- ..., •,_�� wwn.,w;wDr•.i+M:eYrry 4+-+!a it i, s .. ,
0 0
� 95
CITY OF MANII
OFFICE OF HEARING BOARDS
• . • • : ua ►1l y._l.
SECTION 2-653 OF THE CODE OF THE CITY OF 1VRAMI, 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 AVAII.ABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN
AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
NOTE: TIIaS APPLICATION MUST BE TYPES AND SIGNED IN BLACK INK
Section 62-32 of the Code of the City of 11fiami, 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 duty 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.
11874
Fee of $650.00 to apply toward the cost of processing, according to Section 62-156 of the Zoning_
Ordinance:
Conservation, recreation, residentialsingle-family duplex ....... $ 300.00
Residential -medium density multifamily ....................... $ 450.00
Residential high density multifamily, office,
major public facilities, transportation/utilities ................... $ 550.00
Commercial/restricted, commercial/general and industrial . $ 650.00
Commercial (CBD) .'.................................. . $1,200.00 '
Surcharge for adverting each item ........................... $1,200.00
Public hearing mail notice fees, including cost of
handling and mailing per notice :... ........................ $ 3.50
This petition is proposed by:
( ) City Commission
( ) Building and Zoning Department
( ) Zoning Board
( x ) ' Other (Please specify): G ENWOOD HOLDINGS. Inc.
Qject ... . • 1 .! • 1 • �• 1 •
e- U: <.�•. •�..
• • . 1 1 . 1••1 1 1 . 1• 1 1 1 • !••1 1 1 . !• f ! ! . 1•:!
AND MORE PARTICULARLY DESCRIBED AS:
• 1 the •. • 1thereof
Block(s) 4
Subdivision Grov
Plat Book and Page Plat Book 5 at Page 66 of the public Records of Dade County. Florida
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:
1:1Wm: Office
11874
Please supply/1 • •• 1• why you / • 1'existing• .1 designation inappropriate:
■1' + K •, l 1 1 !� 1 • r t r ' at - • 1 • j• r ; • • • r r.-a 1 1 •' 'Jt aRestricted
• 11 11 l • ..1.- • -. 1.; -411y • 1 zr NJ-theNv-the applirv-rt.We tV.iTV .1 , .1 - - .. yl 1 • r e.l ale 1 • 1 iS i-raV=tMi e{
r- - 1• / 1' t Sri !� •• 1" • 1 ••11 \ r- •r 1 •r-l!,
Please supply a statement justifying your request to change the plan to your requested plan designation.
Csy
W :y 'rl : r • t ; aaa•
•n %Tii�il7 ua• •.a.a?��T
• 1 1 . a. raa�'I�t�i�T:ilIF1
r - • ' 1 K• •
' aonlin.9Tt is .:&. =. • ` yr•
tl ' • It Ir t �y��
•1 �. • 11 11
�l.. JI 1 • 1 • .1 y. • �+1
.1
.. .. ..
v - . -. r . - r , i • r '
a' . r r r.ill allow1 - annlkv.Tfs
iDmrmwesto
be • - • /l. • uniformly.
What is the acreage of the property being requested for a change in plan designation?
L 1125 acres -
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 (Contract Purchaser - See above and
accompanying Rezoning Applicationl. 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 a change of zoning for the subject property with the Planning and
Zoning Boards Administration Department? Yes
Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership?—Yr�.
List of owners of property within 375 feet of the subject property? Yes . Disclosure ofovviership
form? Yes . If not, please supply them.
Signature
Name Alan Bumberg
Address 1745 W.-Fletcher Ave.
Tampa. Fti 33612
Telephone (813) 9688-65111
Date: %.13 �l
1874
•
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this &D day of JULY, 1999, by ALAN BUMBERG
who is �rsonally known to me or who has produced ❑ produced as identification
and who did (did not) take an oath.
Myma W. Gamer
MY COMMISSION # CC779U3 DARES
September 29, 2002
WOO TNRUTROY FAN INS W-
IAJ 4 -a
Name
Notary Public -State of Florida
Commission No.:
My Commission Expires:
*********ssssssssssssssssssssss$sssssssss****sss*ss***ssssss**s�ssss*sssss*****s*ssss*s*ss**ss*s*
STATE OF FLORIDA
COUNTY OF MIAlvII-DADE
The foregoing -instrument was acknowledged before me this day of , 19 , by
who is ❑ personally known to me or who has produced ❑ produced
as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this day of , 19 , by
who is ❑ personally known to me or who has produced ❑ produced
as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
I I:\BDF\DATA\Fox; DFVEI.OPMENT\APPLICA"PIONS\COME' PLAN AMC•.NDMEN'r.WPD
A F F I D A V I T
STATE OF FLORIDA }
} SS
COUNTY OFMIAMI-DADS }
Before me, the undersigned authority, this day personally appeared ALAN BUMBERG,
who being by me first duly sworn, upon oath, deposes and says:
L That HE is the owner, or the legal representative of the owner, submitting the accompanying application far
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'partthereof.
2. That all owners which HE 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 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 Afant-sayeth not.
App Icant's Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me.this �'' ' J- day of JULY, 1999, by ALAN BUMBERG
of Ashton Ventures Two, LLC a corporation, on behalf of
the corporation. He/She is a'personally known tome or ❑ has produced as identification and
Who -did (did not) take an oath.
Myma W. Garner.
1JMWSSION # CC779365 EXPIRES
September 29, 2002
:;ONM THRU TROY FAIN INSURANCE- INC
H:\BDF\DATA\FOG DEVEL'OPMENT\APPLICATIONS\AFFIDAVIT.WPD
�j
Name:
Notary Public -State of Florida
Commission No.:
My' Commission Expires
a
Owner's Name
Mailing Address
Telephone Number:
Legal Description:
OWNER'S LIST
Ashton Ventures Two. L.L.C.
1745 West Fletcher Avenue, Tampa. Florida 33162
c/o Bob de la Fuente. Esq. (305) 539-2114
Lots 20, 21, 22, 23, 24, 25, 26, and 27, less the south 10.00 feet thereof, Block 4 of "GROVE PARK." according to the
plat thereof as recorded in Plat Book 5, Page 66 of the Public Records of Dade County, Florida.
Owner's Name:
Mailing Address:
Telephone Number:
Legal Description:
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: Ashton Ventures
Two, L.L.C. owns the following:
Street Address
NW 17`' Ave. & NW 7' Street, Miami, Florida
Legal Description
That portion of Lots 16, 17, 18, and 19, Block 4 of GROVE
PARK, according to the plat thereof recorded in Plat Book 5,
Page 66, of the public records of Miami -Dade County, Florida.
lvinng East of the Easterly right-of-wav line of NW 17' Avenue,
as shown on that certain State of Florida, State Road
Department Right-of-Wav Map, recorded in flat Book 83, 1'agl
5 of the public records of Miami -Dade County, Florida_ LESS
the South 10 feet thereof, all lying and being in Miami -Dade
Countv, Florida.
SEA-1149 11:36" xRoWTEW CA.UEWAS REW
EXHIBIT
SLDR Partners Limited
General Partner
HFP Holdings. Inc.
Mark O. 1-i2cknor 100%
Limited Partner,-
HFP Holdings, Inc.
Mark o. Hackner 000io
Reese Holdings, Inc.
David Hackner so%
Stacy Hackner 50% .
JASL Partners Limited
General Partner
RFP Holdings, Inc. F:
Mitchell F. Rice 100°k,
Limited Partner
RFP Holdings, Inc.
Mitchell F. Rice 100%
Michael R: Rice, as Custodian for
Jacob Andrew Rice
Michael P. Rice, as Custodian for
Samuel Leonard Rice
Parktown dgidings. Inc.
Mark Hackner (President)
04--0 -�_
DISCLOSURE OF OWNERSHIP
1. 1&gal description and street address of subject real property:
Lots 20. 21, 22,23 24, 25, 26 and 27, less the south moo feet thereof, Block 4, of "GROVE PARK" :recording to the plat
thereof as recorded in Plat Book 5, Page 66, of the Public Records of Dade County, Florida.
NW 171' Ave. & NW lei Street, Miami, Florida
2. [)wt,er(c} of sub'ect real pr�,b
erty and percentage of ownership. Note: Section 2-60 of the Code of the Cite of
Miami requires disclosure arties havingg a financial interest, itherirorindirect,in the subject mutter
faprentatin,request ofition to the C'.ity Commission.Accordingly, question *Q requires disclosure of
shareholders of corporationseneficiaries of tnistsand/or any other interested partitogetherwith their
addresses and proportiontecrc.5t,
Ashton Ventures Two, I.L.C. See Attached for ownership of Ashton Ventures Two. L.L.C.
1746 West Fletcher Avenue
Tam a Florida 33612
° 16 � Ownership
3. Le description and street address of env real property (a) owned by any party listed in answer to question #2,
an(h) located within 375 feet of the subject real property.
ASHTON VENTURES TWO, L.L.C.
That portion of Dots 16, 17, 18 and 19, Block 4, of GROVE PARi�, according to plat thereof recorded in Plat Rn��c
5, page 66> of the public records of Dade County, Florida lyin East of the Easterly ri ht-of--way line of NW 1^
Avenue, as shown on that certain State of Floe a, Stateaad�e artment, Ri it-of-�vay Map recorded in Pf at
Book 83,page s, of th 3 ublic records of Dade ['n,mty, Florida, T,> S the Southi0 feet thereof., ail lying and being
in Dade County, Florida.
STATE OF FLO DA
COUNTY Or -
me or-
II:NBDrIDATA\Foy Development\APPUeatioav\Dis�lm"e #No2.wpA
ASHTON VENTURES TWO, L.L.C.
B •�
Name: A
ZtS:
SS:
Before me this a2 74L day of ,1g917 , by
dF
�!, on behalf of the ��. HH She is
as identification and who did (did not take an
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
MymaW.Gamer
MV COMMISSION # CCTm363 EXPIRES
Se tem M2
,/►j, BONDro1 MU MVNFrI �.
a++wsuRA10E MIC
tl-.! _.,F i'i':t7 1U. j'7
Gl�t•C _Oiv_
CERTIFIED COPY OF RESOLUTION
OF THE F30ARD OF MANAGERS
OF
ASHTON VENTURES TWO. L.L.C.
The undersigned, being a managing member of ASHTON VENTURES TWO,
L.L.C., a Florida limited liability company (the "Company"), hereby certifies that the
following is a true, correct and complete copy of resolutions adopted by the Board of
Managers of the Company at a meeting at which a quorum was present, and that the
following resolutions are in conformity with the Operating Agreement of the Company
and have not been rescinded or modified:
'RESOLVED, that Alan Bumberg. be and is hereby authorized,
empowered and directed in the name and on behalf of the Corporation to
execute and deliver all documents and instruments necessary with
respect to the rezoning of the real property located at the comer of 71,
Avenue and 17t' Street in Miami -Dade County, Florida; and
FURTHER RESOLVED, that either of the managing members of
the Company be and is hereby authorized and directed to furnish a copy
of the .foregoing resolution as required and to certify the same, and to
certify that the provisions of said resolution are in conformity with the
Operating Agreement of the Company and that said resolution is in full
force and effect and has not been rescinded or modified.
IN WITNESS WHEREOF, I have hereunto subscribed my name as a managing
member of the Company, pursuant to due and lawful authority this 27th day of August,
1999.
Michael P. Rice
as a managing member
t..
11874
06/25/1999 15:21 8139 82 + PAGE 02
08. U/99 7UE 16: 08 FAX 2 17 RUDNIC$OOLFE ® z 007
SPETAIAL WABB AM DEED
Thus instrument prepared by or tinder the supamidon of (Space reserved for Clerk of
Name: Janis K Cheezea , Esq. _. Court)
Address: Grim", Yoskley, Valdes-Fanli & Stewart, P.A. _
Svhe 3400.Ono Biscayne Tower
2 South Biscayne Boulevard
Miami, ]Florida 33131.1897
This Special Warranty Deed is made by 1993_N3 Florida Associates L.P., a Delaware
limited partnership ("Grantor"), whose address is do ANMSCO Management Inc., 700 North
pearl Street, Suite 2400, L13-342, Dallas, Texas 75201-7424 to ASH.TON VENTURES TWO,
LLG a Florida limited liability company ("Grantee"), whose address is 1745 West Fletcher
Avenue, Tampa, Florida 33612 and whose tax ide nd ication number is 39-3207424.
WTI'NESSETH
Grantor, for and in consideration of the sum of Tea And N6/100 Dollars (S 10.00) send other
good and vahnble consideration paid to Grantor by Grantee, the receipt and sufficiency ofwhich are
hereby aeknowkdged, grants, bargains, sells and conveys to Grantee, and Grauteda successors and
asvgns forever, the laud, situate, lying and being in Dade County, Flatida, legally described in Exbhit
*A! boreto.
Together With alleasements, tenements, hereditameats and appurtenances belonging to the
end
Together Wirth all butil fts and other *Tovementsnow or hereafter located on the land, and
Together Viruh all of Gmuter s fight, We and interM if any, in and to the streets, avenues,
roads, ways, alleys, waterways and canaK open and proposed, is front of or adjoining the land;
To Have And To Hold the same in fee sWVIe forever.
Ila eoaveyance is made subject to:
(a) Tares for the year 1999 and subsequent years;
(b) Applicable zoning ordinances and regulations;
(c) Conditions, restactions, limitations, street dedications and easements of
record, which arc not refinposed by tkis instrument;
(d) Matters which would be shaven on an accurate survey, and
11874
-.08/25/-1999
09/24/09
15:21 8139682882
TITS 19:09 W
RUDNICKPOLFE
Phut 0
317
nos
(e) Rights of parties in possession, if any..
Grantor covenants tbA at the time of dchvery ofthis deed, except as des.crMed above; the
property is free of any encumbrance made by Grantor, and Grantor specially Warrants the title to.the
propelty, and Wm defend it against the by &1 claims and demands of an persons eiaiming by, through.
or tmdar Grantor, but against none other. -
Amy warranty of title in this Special Warranty Deed wM expire upon the termiaadon of the
RTC Mortgage Trust 1993•N3, a Delaware business trust (the -Trust -)(which is the sale shamholder
of the gcumal paataer of Seller}, as to say claim therean which bas not been made is writing and
received by Seller prior to said tan kadm date ("Warraaiy Expiration Date"). The Seller shallhavve
no obligation with respect to my claim for breech of wzmmty whicb is received by Seer afiea the
WaTrautyF cpirvJ=Data. Iu that regard, Buyer spe ific aRy acloaovAedges and tmderstanas that the
Trust has no dafiaite or certain termination date and that the Trust may tezmin to or be terminated
at any time.
Grantor has caged this instrument to be duly executed as of August 18 .1999.
Sig A -scaled and delivered 1993-N3 IKL DRIDA ASSOCIATES
I.P.
a Delaware limited partner sWHp
_ BY:1993-N3 FLORIDA GP
CORP., its General Partner
Dint N me:
Print Name:fr�rc C� •� B/���,y
By. Al;�Secr'
�_
Pa tr c�'1
Name:
Title;'
aryl3reasurer
[CORPORATE SEAL]
41874
08/25/1999 15:21 8139 82
09/24/99 TUE 16:08 FAX 17
® - Pain 04
RUDItICS&TOLFE Q1009
COUNTY OF DALLp►S )
SS
STATE OF TEAS )
On this the O- day of August, 1999, more Me , the undersigned offioct, crsonelly
appeared �I 5.Pa rrcl� %AhoacIMawh gedhimseiftabetbeStG� �taswm-M
FLORmA dr CORP., a Delaware coiporatioq as CYenenl Partner of 1 3-,N3 FLORIDA
A&SOCIATES Lr , a Delaware lbsiked gumer", and tlret he as such a c t'beiug
-- authorized so to do, executed the foregoing kmummt for the proposes therein
In witness w&ereof I hereto set my band and offioiel swL
My commission expires:
Name:
TWO:
-3-
[SEAL)
Faye Sharon Topiitsky
A Nab" PuD11C
STATE CF TEXAS
try Comm W 04J05MM
t:.
08/25/1999 15:21 81390') 82 PAGE
wizvsp TILE Mae FAX 2 17 RUDNICI&WOLFE bolo
F13MMIT "A" — LEGAL DES (;HM=-. F LAM
Fats 20 21, 22, 23, 24, 25,26 and 27 Im the South 10 fea dim=4 Block 4 of GROVE PARK,
accmdaeg to the Plat *cmt Tocer&d in Plat Book 5,4Z I t Page 66 of the Pub& Records of Dade
County, Florida.
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 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. 11874
In the ...........XXXXX Court,
was pClis�e8 insAid9n� paper 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 Miami in said Dade County, Florida, for a period of
on ear ext preceding the first publication of the attached
c y of a ve t1semenh and afflant further says that she has
n Ill Id no
promised any person, firm or corporation
s dls unt, rebate, commission or refund for the purpose
of ec Ing this advertisement for publication in the said
30 worn to anVubs fore me t`1
A.D. 19......
(SEAL) "��� JANETT LLERENA
Sookie Williams pe i n Lo MSOMOSS10N NUMBER
?'.= c GC568004
y ;"'� Q
I - C?F F""- JUNE 23.2000
CITY OF MIAMI, FLORIDA
NOTICE OF PROPOSED ORDINANCES
All interested persons will take notice that on thejl4th of December,l
ff 1999, the City Commission of Miami, Florida adopted_ the. following,titled�
I ordinances:
i \ _ ORDINANCE NO.11865 i
AN,•EMERGENCY ORDINANCE OF THE MIAMI CITY COM-
MISSION AMENDING CHAPTER 2, ARTICLE 11, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN-
TITLED 'ADMINISTRATION/CITY COMMISSION/TIME AND
PLACE OF MEETING," TO CHANGE THE DAY AND TIME
CITY COMMISSION MEETINGS SHALL BE HELD FROM I
TUESDAYS AT 10:00 A.M. TO THURSDAYS AT 9:30 A.M.; {
MORE.PARTICULARLY BY AMENDING SECTIONS 2-32 AND
2-33 OF .SAID CODE; FURTHER DIRECTING THAT THE
'PRESENTATION OF °PROTOCOL ITEMS" BE SCHEDULED .
AT 9:20 A.M., OR TEN MINUTES 'PRIOR TO THE COM-
MENCEMENT OF REGULAR CITY COMMISSION MEETINGS;.
CONTAINING A REPEALER PROVISION,AND A SEVERABILI-
TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.'11866
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COM-
MISSION ESTABLISHING A SPECIAL REVENUE FUND ENTI-
TLED: "OFFICE OF THE CITY CLERK/PASSPORT ACCEP-
TANCE FACILITY (FY 2000)" AND APPROPRIATING FUNDS
FOR THE OPERATION OF SAME IN .THE AMOUNT. OF
$113,260; AUTHORIZING THE CITY MANAGER TO (1) AC-
CEPT REVENUE DERIVED AS A RESULT OF THE CITY'S
SERVICES AS A U.S. PASSPORT ACCEPTANCE FACILITY,
(2) DIRECT THAT SAID REVENUES GENERATED BE USED
EXCLUSIVELY TO FUND THE GENERAL OPERATING BUD-
GET OF THE OFFICE OF THE CITY CLERK, AND (3) EXE-
CUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPT-
ABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CON-
TAINING A REPEALER PROVISION AND •A SEVERABILITY
CLAUSE.
ORDINANCE NO. 11867.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COM-
MISSION AMENDING SECTIONS 1, 2, 3, -4, AND 5'OF ORDI-
NANCE NO. 11705, AS AMENDED,: THE ANNUAL APPROPRI-
ATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPT,EM-
BER 30, 1999; FOR THE PURPOSE OF ADJUSTING -SAID AP-
PROPRIATIONS RELATING TO OPERATIONAL AND BUDGE-
TARY.REQUIREMENTS.OF CERTAIN CITY DEPARTMENTS
AS ARE MORE•PARTICULARLY.DESCRIBED HEREIN; CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE
ORDINANCE;NO. 11868
AN EMERGENCY ORD_ INANCE` OF._THE. MIAMI CITY COM-
MISSION AMENDING SECTIONS. VI.OF ORDINANCE NO.
117.05, ADOPTED SEPTEMBER 26, 1998, AS, AMENDED; RE-
VISING.PREVIOUSLY APPROVED CAPITAL IMPROVEMENT
PROJECTS IN THE GENERAL GOVERNMENT, SOCIAL AND
ECONOMIC ENVIRONMENT, PARKS AND. RECREATION,
AND TRANSPORTATION AREAS; CONTAINING A REPEAL-
ER PROVISION AND A SEVERABILITY CLAUSE. .
ORDINANCE N0:11869 -
AN ORDINANCEOF THE MIAMI CITY.COMMISSION;ESTAB-.
LISHING INITIAL, RESOURCES.AND APPROPRIATIONS FOR -;-
A SPECIAL REVENUEFUND-ENTITLED "STOP ACTIVE VAN-
DALISM EVERYWHERE' -`(".SAVE') GRANT,_.AUTHORIZING
THE CITY MANAGER TO. ACCEPT SAID GRANT, IN THE
AMOUNT OF'$179,640„FROM MIAMI-DADE-COUNTY AND;
TO EXECUTE ALL NECESSARY DOCUMENT(S), IN.A FORM>- i
ACCEPTABLE TO THE CITY ATT,ORNEY;'AUTHORIZING 25
REQUIRED MATCHING FUNDS OF $59,880; ALLOCATING,
FUNDS THEREFOR FROM THE POLICE'DEPARTMENT LAW.,..
ENFORCEMENT. TRUST FUND, PROJECT -'NUMBERS
690001, 690002, AND 690003, FOR A,TOTAL OF $239,520; .
CONTAININGA REPEALER PROVISION AND SEVERABILITY
i -
ORDINANCE N0.-11870...
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- _
ING ORDINANCE NO. 11769, TO INCREASE APPROPRIA-
TIONS TO.- THE SPECIAL REVENUE FUND ENTITLED,," ti
"SCHOOL' BASED. PARTNERSHIPS ;.GRANT," : ,IN ..THE
AMOUNT OF. $17,500,.CONSISTING OF A SUPPLEMENTAL•
I GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OF-.
FICE :OF COMMUNITY- ORIENTED'. -POLICING SERVICES;..,.
FURTHER, AUTHORIZING THE CITY MANAGER TO;EXE j
CUTE.THE NECESSARY DOCUMENT(S), IN A FORM AC- 4
CEPTABLE TO THE CITY ATTORNEY;, CONTAINING A RE-
PEALER PROVISION AND SEVERABILITY CLAUSE..AND • l
'J. PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 11871
.AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING SECTION 35-91, 35-92 AND 35-93OF THE CODE OF THE
J ;CITY OF MIAMI,,FLORIDA,,AS AMENDED, BY. CHANGING_.
.•RATES AT'CERTAIN'.ON-STREET, LOTS; CHANGING THE_.
RATES AT MUNICIPAL ;PARKING.GARAGES; PROVIDING;;
'_J
FOR SAID' RATE CHANGES TO.BECOME EFFECTIVE, FEB-: ;. '•�
RUARY 1ST, 200Q RATIFYING AND CONFIRMING ALL ACTS, t{
OF THE OFF-STREET PARNNG BOARD TO DEVELOP EX
PERIMENTAL RATES,STRUCTURES AND TO INITIATE
RATES FOR ,NEW ;FACILITIES DURING THE FISCAL YEAR;' i
CONTAINING -A REPEALER PROVISION AND A SEVERABILI-
TY CLAUSE:
ORDINANCE NO. 11872
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
_ING ORDINANCE..NO..10021, ADOPTED. JULY 18, 1985, AS
AMENDED, WHICH ESTABLISHED INITIALRESOURCES
- AND INITIAL APPROPRIATIONS FOR f4if LAW ENFORCE-
MENT TRUST FUND, RECEIVED AND DEPOSITED PURSU-
ANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981,
i THEREBY PROVIDING FOR AN INCREASE IN THE AMOUNT
OF $3,000,000, AS A RESULT OF ADDITIONAL MONIES DE-
POSITED IN SAID FUND FROM SUCCESSFUL -FORFEITURE '
ACTIONS; .`CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFEC-•
TIVE DATE. l
ORDINANCE NO. 11873
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING CHAPTER 29/ARTICLE IV/SECTION 29-122 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN-
j . TITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/
WATERFRONT ADVISORY BOARD/SCOPE;"'TO REQUIRE
THAT THE WATERFRONT ADVISORY BOARD -'BE IN-
FORMED -OF ANY DEVELOPMENT' AND/OR .DISPOSITION
'OF WATERFRONT PROPERTY AT., THE CONCEPTUAL
4 PLANNING STAGE FOR SUCH DEVELOPMENT AND /OR ,
t DISPOSITION; CONTAINING.A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
..DATE.. 1
ORDINANCE NO
AN ORDINANCE OF THE MIAMI Cl OMMISSION AMEND-
ING THE FUTURE LAND USE MAP OF THE COMPREHEW
SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT -AP-
PROXIMATELY 1515, 1545,, 1605, 1615 AND 1625 NORTH-
WEST 7TH STREET, MIAMI, FLORIDA, FROM OFFICE TO RE-
STRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
1 AND PROVIDING FOR AN EFFECTIVE DATE:
ORDINANCE NO. 11875
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-'
ING PAGE NO. 24 OF THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED,. THE ZONING ORDINANCE: OF 1
THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING
THE ZONING CLASSIFICATION FROM 0 OFFICE TO C-1 RE
.STRICTED COMMERCIAL'FOR THE PROPERTIES LOCATED
AT APPROXIMATELY°"1515, 1545, 1605, 1615'-AND 1625. '
NORTHWEST. 7TH STREET; CONTAINING A REPEALER 1
PROVISION AND A SEVERABILITY. CLAUSE; AND PROVID-. I
ING_FOR.AN-EFFECTIVE-DATE,;;__�_�` _
'— -_ --- ORDINANCE N0. 11876 •
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING PAGE NO. 45 OF THE ZONING ATLAS OF ORDINANCE
NO. I i 000, AS AMENDED, THE -.ZONING ORDINANCE OF-'-
THE CITY..OF;MIAMI, FLORIDA, ARTICLE.4; SECTIONAOI,. i
SCHEDULE OF DISTRICT REGULATIONS, BY ADDING THE.., f
HISTORIC PRESERVATION OVERLAY DISTRICT FOR.THE
PROPERTY LOCATED AT APPROXIMATELY 2167 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA; CONTAINING A RE--
PEALER.PROVISION.AND A SEVERABILITY CLAUSE; AND*
PROVIDING FOR -AN EFFECTIVE DATE.
f. ORDINANCE NO. 11877` .�
AN.ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- l
ING PAGE NO: 42 OF THE ZONING ATLAS OF ORDINANCE
NO: 110001, AS, AMENDED, THE ZONING ORDINANCE OF -' .,
THE CITY OF MIAMI, FLORIDA, ARTICLE 4; SECTION 401, I
-SCHEDULE OF DISTRICT REGULATIONS, BY ADDING SD-12 l
BUFFER OVERLAY DISTRICT FOR THE -PROPERTIES LO
CATED. AT APPROXIMATELY 3633, 3653, ,3661 AND- 3665
SOUTHWEST 22ND.TERRACE, MIAMI, FLORIDA;-.CONTAIN-
ING. A REPEALER 'PROVISION AND A SEVERABILITY.
CLAUSE; AND.PROVIDING FOR AN EFFECTIVE.DATE..
Said proposed ordinances may.be inspected by the public at the Office
of the City. Clerk, 3500 Pan American Drive, Miami, Florida,..Monday``1�
_through- Friday,. excluding holidays, between..the hours. of 8, a.m. and-5-
p.m.
All, intereste-d'persons may!appear at the: meeting' and• may be! heard' '
with respect to the proposed ordinances. Should any person:desire to ap'-
,peal any decision of the City Corrimission with re spect•to anymatte� to be
,considered at this meeting, that person, shall: ensure that: a *verbatim.. I
Irecord of the proceedings is made including all testimony and evidence. 1
;upon which -any appeal may be based.
c�tY OP WALTER J. FOEMA'N i
i - CITY CLERK
(#8221) q�E�Q:Ft-0a�� - ..z ., , :, ..,}.•;
12/30' ' • " 99-4-1230144/9037M I