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HomeMy WebLinkAboutO-11738J-98-1059 1 11/13/98 ORDINANCE NO. AN ORDINANCE AMENDING PAGE NO. 26 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1612 NORTHWEST 30TH STREET, 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 September 15, 1998, Item No. 2, following an advertised hearing, adopted Resolution No. ZB 1998-0089, by a five to zero (5-0) vote, RECOMMENDING APPROVAL of 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 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 26, Article 4, Section 401, Schedule of District Regulations, is hereby amended by>changing the zoning classification from R-2 Two Family Residential to C-1 Restricted Commercial for the property 11738 located at approximately 1612 Northwest 30th Street, Miami, Florida, more particularly described as Lot 5, Block 2, GLENDALE SUBDIVISION, as recorded in Plat Book 6 at Page 71, 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 - 2 - 11738 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. 26 of the Zoning Atlas, made a part 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 thirty- one days after second and final reading and adoption thereof pursuant to Section 163.3187(3)(c), Fla. Stat. (1997).11 PASSED ON FIRST READING BY TITLE ONLY this 17th day of 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. 3 11738 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of December 1998. 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 placs provided, said legislation now becomes effective with the elapse of ten (t 0) da s from the date of Commission action regarding same, without the Mayor euerci ' veto. oeman,. City Cleric WALTER J. FOEMAN CITY CLERK APPROVEDRM CORRECTNESS: EJ O VILARELLO ATTORNEY 23:YMT:BSS - 4 - 11738 G1�N OF IIICO1s 96ATE0 Ory 7 0 Q Case Number: 1998-0121 Location: Legal: Applicant: Zoning: ® PZ-4 SECOND READING ZONING FACT SHEET 15-Sep-98 Item No: 2 Approx. 1612 N W 30 Street (Complete legal description on file with the Office of Hearing Boards) Josly Enterprise Inc. 3001 NW 17th Avenue Miami, FL 33142 App. Ph: (305) 635-3382 R-2 Two-family Residential A. Vicky Leiva, Esquire 2500 First Union Financial Center Miami, FL 33131-2336 Rep. Ph: (305) 633-7029 ext Rep. Fa ext 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 to C-1 Restricted Commercial. Continued from Zoning Board Hearings of June 1, 1998 and July 6, 1998. 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: 9811157 Last Hearing Date: Found: N/A 10/07/1998 Violation(s) Cited: Work completed without a permit (This includes CBS wall, and paving of parking lot). Ticketing Action: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: 07/14/1998 Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: Continued to PAB Hearings of May 20, 1998 and June 17, 1998. Continued from ZB Hearings of June 1, 1998 and July 6, 1998. Approved by PAB on 7 / 29 / 98 . Analysis: Please see attached Zoning Board: Approval Zoning Board Resolution No.: 1998-0089 Vote: 5-0 City Commission: Passed First Reading on November 17, 1998. ANALYSIS FOR ZONING CHANGE 1612 NW 30`b Street, CASE NO: 1998-0124 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: Lot 5 in Block 2 GLENNDALE SUBDIVISION ( 6, 71), from. R-2 "Two -Family Residential" to C-1 "Restricted Commercial". The following findings have been made: • It is found that the subject property is currently being legally used as a parking area for the adjacent commercial lots to the west, fronting NW 17`, Avenue (currently designated C-1) and actually under the same ownership. • It is found that the requested change of zoning designation will bring the subject property into the same designation as the rest of the lots west of the subject property and on the same block with a C-1 "Restricted Commercial" designation. • It is found that the proposal will increase the possibility of the subject property being developed in a manner to better serve the daily retail and service needs of the adjacent residential areas, which is the intent of the C-1 classification Based on these findings, the Department of Planning and Development is recom- mending approval of the application as presented. 11738 - T ---S T. - N W �m n >• 3.27 •li i t r 7 •Q14, • I• a � i i z 2 7 IS n 4 I I 4 1• N 11 �12 I I le if • ( 7Ia ' • H { f � 2.23ak7 2• N� • Na0 1a2 3 • • Ze � •'a i ) •. 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N.w +• > I'r I +• > re so tltsit)I:•aatei27 e j In 2 4 S T. n T 3 w I If I♦ 13 Q It D 0 • N.w .0 A t ro o is ft )!•� ) 2 1 u 't 21a.ab 1 Gq�fDBNISI ' II �101 ! � I 71f � 71• Z t e• I.� �N I .. .. I I w 1 ae- FI• :o t1 :x a :•:a • l 2T • T • j N 13 Q 111ro 3 •■ • • Is s n n - „ ' TR.I TR I SU PLy CO. Srr L a .. - 17-8 IJA I I . 738 Miami Zoning Board Resolution: ZB 1998-0089 Tuesday, September 15,1998 Mr. Fidel A. Perez. 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 20, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 1612 NW 30 STREET LEGALLY DESCRIBED AS LOT 5, BLOCK 2, GLENDALE, (6-71) PUBLIC RECORDS OF DADE COUNTY; ZONED R-2 TWO-FAMILY RESIDENTIAL. Upon being seconded by Mr. Humberto J. Pellon, the motion was passed and adopted by the following vote: Mr. George Barket Away Ms. Gloria M. Basila Yes Ms. Ileana Hernandez -Acosta Yes Ms. Christine Morales Away Mr. Osvaldo Moran-Ribeaux Away Mr. Humberto J. Pellon Yes Mr. Fidel A. Perez Yes Mr. Juvenal Pina Yes Ms. Fernandez: Motion carries 5-0 AYE: 5 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 3 Db�_ " . lae4& eresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1998-0121 Item Nbr: 2 11738 OCTION 2210. NATURE AND REQUIREMENTS OF REPORT TO CITY COMMISSION (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; (b) The proposed change is in harmony with the established land use pattern; GO a proposed change, is related to adjacent and nearby districts; (d) The change suggested is,not out of scale with the needs of the neighborhood or the city; (e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (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; (j) 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; _ tThe proposed change has the same or similar impact on property alues 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; 11'7 3-8 U • • (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. - After considering the factors set forth in Section 2210 of e 11000 I move that the request be recommended to the City ion for (VPROVAL) (DENIAL). i6atire Agenda Item a- 15-ga Date 11738 ALAN D. AXELROD, P.A.' BRIAN L. BILZIN, P.A.' ALBERT E. DOTSON, JR., P.A. RICHARD DUNN, P.A. AUDREY A. ELLIS, P.A. JACOB J. GIVNER, P.A. LESTER L. GOLDSTEIN, P.A. RICHARD M. GOLDSTEIN, P.A. ALAN J. KAZAN, P.A.' STEVEN D. LEAR, P.A. ALVIN D. LODISH, P.A." CARTER N.'MCDOWELL, P.A. EILEEN BALL MEHTA, P.A. NORMAN A. MOSCOWITZ, P.A." HOWARD E. NELSON, P.A. MARJIE C. NEALON, P.A. STANLEY B. PRICE, P.A. MARTIN A. SCHWARTZ; P.A.' JOHN C. SUMBERG, P.A.' DAVID W. TRENCH, P.A. MITCHELL E. WIDOM, P.A. RICHARD D. MONDRE, P.A.' MARC J. STONE, P.A.' OF COUNSEL BILZIN JUMBERG DUNN .PRICE be AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 2500 FIRST UNION FINANCIAL CENTER ' 200 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131-2336 TELEPHONE: (305) 374-7580 • INFO®BILZIN.COM FAX: (305) 374-7593 • BROWARD: (954) 462-6808 'ALSO A MEMBER OF NEW YORK BAR "ALSO A MEMBER OF DC BAR Ms. Teresita Fernandez Hearing Board Section City of Miami 444 S.W. 2 Avenue, Seventh Floor. - Miami, Florida 33130 - Re: Josly Enterprises, Inc. 1612 N.W. 30 Street Dear Ms. Fernandez: August 26, 1998 BRIAN S. ADLER SUZANNE M. AMADUCCI ARNOLD A. BROWN CHRISTOPHER D. BROWN THOMAS F. CARR SHERRIL M. COLOMBO JEFFREY D. DECARLO J. RONALD DENMAN NANCY B. GLIMCHER RAOUEL M. GONZALEZ SCOTT D. KRAVETZ JOHN M. KUHN MICHAEL W. LARKIN A. VICKY LEIVA SUSAN J. PONTIGAS JERRY B. PROCTOR CHARLES H. RATNER CHRISTOPHER H. SAIA STACEY L. SILVERMAN TERESA J. URDA LYNN S. WATERMAN In response to your letter dated August 4, 1998 and its accompanying Interoffice Memorandum issued by G. Miriam Maer, Assistant City Attorney, regarding the above referenced public hearing application, I have undertaken to produce for you corrected copies of the Owner's Affidavit, Disclosure of Owners and the Owners List. Please note that the property is owned by Josly Enterprises, Inc. and its president is Jose A. Barrios (son). Therefore, all of the documents being resubmitted to your office are signed by Mr. Jose A. Barrios as president of Josly Enterprises, Inc. In the Disclosure documents you will note that Josly Enterprises, Inc. is owned by shareholders, Jose A. Barrios (father, 50%) and Lydia Barrios (50%). G:\DMS\73 560\ 10943\202933,01 8/ 14/98 11738 - 0 BILZIN SUMBERG DUNN PRICE AXELROD LLP Ms. Teresita Fernandez August 26, 1998 Page 2 I have also corrected and added some street addresses and legal descriptions for other real estate property owned individually, joint or severally (by either the corporation or privately) within 3 75 feet of the subject property. Also enclosed is a corporate resolution which has been completed and duly executed by the president of the corporation as well as a certificate of good standing from the Secretary of State for Josly Enterprises, Inc. I believe that this address all of the issues raised in Ms. Maer's memo of August 3, 1998 and further clarifies, replaces or supersedes any similar documents currently found in your files. I thank you in advance for your assistance in this matter. Under separate cover I will be sending to Ms. Maer copy of this letter as well as all of the attachments. V truly your 7iz A. Vicky Leiva , AVL/lzc Enclosure cc: G. Miriam Maer, Esq., Assistant City Attorney Ms. Lourdes Slazyk, Assistant Director of Planning & Development Mr. Roberto Lavernia, Senior Planner, Department of Planning & Development G:\DMS\73560\10943\202933.01 8/14/98 11738 4kitg of �t�rm� CHRISTINA CUERVO Assistant City Manager TERESITA L. FERNANDEZ, R.A., A.I.C.P. Chief August 4, 1998 A. Vicky Leiva Bilzin Sumberg Dunn Price & Axelrod LLP 2500 First Union Financial Center Miami, Florida 33131-2336 Re: Josly Enterprises 1612 NW 30 Street Dear Ms. Leiva: DONALD H. WARSHAW City Manager Please find attached a memorandum from G. Miriam Maer, Assistant City Attorney, dated August 3, 1998 regarding the above. Please clarify items 1, 2, 3, 4, 5, and 6 at your earliest convenience in order for the application to be properly presented to the Zoning Board of September 14, 1998. Should you need additional information, please contact me at 305-416-2038. Sincerely, Teresita L. Fernandez, R.A., A.I.C.P. Chief, Office of Hearing Boards c: G. Miriam Maer Assistant City Attorney OFFICE OF HEARING BOARDS 11738 P.O. Box 330708 /Miami, Florida 33233-0708/ (305) 416-2030 CITY OF MIAMI, FLORIDA 0 INTER -OFFICE MEMORANDUM TO: Teresita L. Fernandez, Chief DATE August 3, 1998 FILE Office of Hearing Boards SUBJECT: Josly Enterprises 1612 NW 30 Street w FROM: A!, (PAB AGENDA co v REFERENCES: of July 29, 1998, G. Miriam Maer Item #1) Assistant City Attorney ENCLOSURES: Upon reviewing the package on referenced matter and listening to the comments made a the public hearing, it appears the following matters should be clarified prior to this application proceeding to the city commission. 1) Please obtain clarification as to the identity of the owner of the subject property. The disclosure form and affidavits signed in connection therewith refer, in various documents, to Jose Barrios, Jose A. Barrios, and Josly Enterprises, a Florida for profit corporation, as owner of the property. Also, there are two ownership affidavits, each executed by a different individual, each of whom declares he is the owner or legal representative of the owner and is submitting the application, and that all owners have given the named individual permission to act on their behalf. 2) The capacity in which "Jose Barrios" executed the affidavit of ownership should be stated thereon. 3) The acknowledgment clause in one of the affidavits is incomplete, or, if complete, then is in direct conflict with the other affidavit. 4) The Owner's List refers to Lot 5, Block 2, Glenndale, PB6/71, 1612 NW 30 Street, as the property which is the subject of the application. At the hearing, statements were made regarding ownership by applicant of the adjacent lot 4. However, that lot is not included on the disclosure form as being owned by the applicant and within 375' of the subject Lot 5. Proof of ownership of Lot 4, Block 2, Glenndale, PB6/71 should be required of applicant to resolve this issue. This proof could be by Warranty Deed, Tax Bill, the certified list of property owners within 375 feet, etc. 5) The Corporate Resolution is incomplete. I assume you have the necessary corporate documentation in your files establishing that Josly Enterprises, Inc., is a Florida corporation, in good standing, and declaring the names of the proper officers/directors. 6) As I confirmed to you at the PAB meeting, an attorney permitted to execute the ownership documents as the legal representative of the property owner. However, mere execution by an attorney of the existing forms will not suffice to resolve these discrepancies. (The documents may 11738 be executed, pursuant to Sec. 62-31 (b) of the city code, by the owner of the property, its agent, or its attorney.) 7) As you and I determined at the hearing, my package of materials for this item did not contain an application for the requested rezoning. Please provide me with the application and the missing pages of the proposed resolution_ I assume some of the above concerns may be resolved via documents already in your file. If it is easier for you, please send the file up for my review in lieu of photocopying. Other issues, of course, require resolution by the property owner/applicant. cc: Alejandro Vilarello City Attorney G/m 11'738 PAMMemokslyEnterprises • • BILZIN 3umeERG OUNN PRICE & AXELROD LLP A DAaTNERSHIe OF PROFESSIONAL ASSOCIATIONS z'30C ��k31 UNION FINANcl^, CLNT[R 20G SO:Jrr+ BiSCATNE BOULEVARD MIAM:, F�.CRIDA 3313i-z�3e TEL[TMO-41. C3011374 7MSO INFOiVO;LZi N.COM =AX: (30S) 3?4-7593 • 9ROWARO: rAs6; •6Z-66Oa July 8, :998 Via Faccienilc ivis. T'cresita Fernandez Hearing Board Section City c)f':Vfiarni 444 S.W. ? Avenue, Seventh Floor. Miami, Florida 33130 Re. La Mia Supermarket Dear Ms. Fernandez: Please be advised that I have been retained tO-epresent the property owncr and applicam for La Mia Supermarket. Please delivery any notices. correspondence, memoranda or other pertinent cornrnunieations to my attention. AVLilzc cc: Mr. R(iberto Lavemia l r.117tN i 17.! ° iW A! UUM :1I I'Y 7.` 50.1)1 ?1xN8 Very truly yours, t� A. Vicky Leiva [Dictated bUt nit read. Signed in her absence to avoid delay.] Z14 'd 11738 it "L3 �L,9I1.1S IZ-1i :f ii w3mS6 K- Til ��- ) -b 7i � w 36 .S l CITY OF MIAMI 10 �'�i OFFICE OF HEARING BOARDS 11000f II�TIC y a " 's APPLICATION FOR AMENDMENT TO CO.,FV�4 ZONING ATLAS AND/OR OVERLAY DISTRICT ECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES ,NY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING .OBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN •OBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A 'OPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), OCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. I. Josly Enterprise Inc hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the Citu of Miami as more particu- lary described herein and, in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property:1617 N W 30th St 2. Folio number 01-3126-043-0310 3 Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 4. Affidavit disclosing ownership of property covered by application and disclousure of interest (see attached form). 5. Certified list of owners of real estate within a 375-foot radius of the outside bounda- ries of property covered by this application. b. At least two (2) photographs that show the entire properti (land and improvements)/ 7. Present zoning designation(s): 8. Future zoning designation(s): 9. Other (Specify�-and attach cover letters explaining why any document you are attaching is pertinent to .this application 11738 10. Statement explaining why present zoning designation is inappropriate. R-2 designated area as two- family or duplex residential allow the construction of up to a two -unit residential structure (either attached or detached) 11.Statement to why proposed zoning designation is appropriate. C-1 designated area as restricted commercial category allows structures used as any type of residential and parking lots 12.Recorded warranty deed and tax form for the most current year available that show the present owner(s) of the property. 13.Other (specify): 14.Filing fee of $ according to Section 62-156 of the Zoning Ordinance: Change of zoning classification: CS, PR, R-1, R-2, per square foot of lot area............................................................$ .15 Minimum.........................................................................................................................$ 635.00 R-3, R-4, O, Gl1, BP 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......................................................................................................................... $ 900.00 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 mailingper notice...........................................................................................................$ 3.50 Telephone l� 3S -3. Date 11738 STATE OF FLORIDA COUNTY OF MIANH-DADE 11 The forgoing instrument was acknowledged before me this _ day of 19 by who is personall_yknown to me or who has. produced as indentification and who did (did not take and oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: ***************************************************************************************** STATE OF FLORIDA COUNTY OF NHAMI-DADS The forgoing instrument was acknowledged before me this p day of In ,4 4 C 14 19 9f�,by To SAF 04 C'-4)p5 of Jolly ci✓i PPIsr corporation, on behalf of the corporation.. He/She is personally known to me or has produced as identification and who did (did not) take on oath. ^ Name: �_� /Z)A'5 e / G a Notary blic-State of Florida ��rv&s ANGEL GONZALEZ Commission No.: i , COMMISSION # CC 654165 1 My Commission Expires: EXPIRES AUG 8, 2001 BONDED THRU 9�OF Flo ATLANTIC BONDING CO., INC. STATE OF FLORIDA COUNTY OF NUAMI-DADE The forgoing instrument was acknowledged before me this day of 19 by partner (or agent) on behalf of . a partnership. He/She is personally known to me or who has produced as indentification and who did (did not take and oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: i • • AFFIDAVIT STATE OF FLORIDA } COUNTY OF MIAMI-DADE }SS: Before me the undersigned authority, this day personally appeared Jose A. Barrios who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinances of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full an 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 description 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. POSEJA-4K-{iRIOS President Josly Enterprises, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of August , 1998, by Jose A. Barrios. President of Josly Enterprises. Inc. a Florida corporation, and who did [did not] take an oath. Name Notary Public - Commission Nc My Commissio, of FL?jt f M Z. CUEM " coo uv tpu -0 CC-724707 w : EXPIRES MAR 22, 2002 BONDED TFIRD F ATLANTIC BONDING CO, INC. 201653:01 11738 ® OWNER'S LIST Owner's Name: Josly Enterprises Inc Mailing Address: 3001 N.W. 17 Avenue, Miami, FL 33142 Telephone Number: (305)633-7029 Legal Description: Lot 5, Block 2, Glen Dale, according to the Plat thereof as recorded in Plat Book 6 at Page 71 of the Public Records of Miami - Dade County Owner's Name: N/A Mailing Address: Telephone Number: Legal Description: Owner's Name: N/A Mailing Address: Telephone Number: Legal Description: Any other real estate property owned individually, jointly or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address 2964 N.W. 17 Ave., Miami, FL 2973-75 NW 17 Ave., Miami, FL 2980 N.W. 17 Ave., Miami, FL 2960 N.W. 17 Ave., Miami, FL 2901 N.W. 17 Ave., Miami, FL 2940 N.W. 16 Ave., Miami, FL 1601-1609 N.W. 29 St., Miami, FL 1621 N.W. 30 St., Miami, FL 3001-11 N.W. 17 Ave., Miami, FL 3031 N.W 1650 N.W 2951 N.W 201636.01 Legal Description Lots 2 & 3, Central Allapattah, PB 39-91 W 61 Ft of Lot 1 and W 61 Ft of N % of Lot 2, Blk 2, Glen Dale, PB 6-71 Lot 1 Blk 3, Central Allapattah, PB 39-91 Lot 4 Blk 3, Central Allapattah, PB 39-91 Lot 6 thru 15 Blk 2, RAMICO PB 16-74, Lot 1 Blk 2, RAMICO PB 16-74 Lot 3, 4, 5, Blk 2 RAMICO PB 16-74 Lot-4 Bik 1, Glen Dale PB 6-71 Lots 1-2 Blk 1, Glen Dale PB 6771 17 Ave., Miami, FL Lot 2 Less E 65 Ft Blk 4, Allapattah Park PB 6-64 '/2 31 St., Miami, FL E 65 Ft of Lots 1-2 Blk 4, Allapattah Park PB 6-64 %z 17 Ave., Miami, FL S 1 /2 Lot 2, all of Lot 3 Less W 5 Ft E 50 Ft of Lot 1 E 50 Ft of N 1 /2 Glen Dale PB 6-71 11738 .. z DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property. Lot 5 of Block 2, Glen Dale, According to the Plat thereof as recorded in Plat Book 6 at Page 71 of the Public Records of Miami Dade County, Florida 1612 N.W. 30 Street 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. Josly Enterprises, Inc. 100% Owners of Josly Enterprises, Inc. Jose A. Barrios 50% Lydia Barrios 50% 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. See List of Properties as detailed in owners List �L/fiLG�7 Owne Jose A. Barrios, President STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of Xa a/jt_ , 1998, by Jose A. Barrios. President of Josly Enter rises Inc. a _ Florida corporation, on behalf of the corporation. He/She is personally known to me or has produced �% • ��?/'J�I.o 1-4'CLa4C as identification and who did [did not) take an oath. 0 W Notary Public-,gtatY9 Flot�1tM Z. CUETO Commission No.: 1 I" HIM iypN# CC724707 My Commission ExvlaESMAR22,2102 OF P MOM BONDING CO.. INC: 201645.01 . 11738 'COItPURATE 1ESOLU BO EPXAS, thg Board of Directors of Josly Enterprises, Inc. desires to change the current zoning 9ri,certain property located at1612 NX 30 Street, -Miami, Florida;. and WHEREAS, the Board of Directors of Josly Enterprises, Inc, at a duly held meeting of said Board of Directors has ,authgrized- it0regidex�t Mr. , Jos A; Barrios, {"President"): to .sign and execute' on behalf of the corporation any application, covenant(s) and other documents necessary to accomplish- a change of zoning and land use; and NYMR)rAS, the Board of Directors of Josly Enterprises, Inc. at a duly held meeting has ';,, ebnsidered * matter in accordance with the By -Laws of the corporation; - - --- t � • i , i NOW TMMFO04E, BE IT RESOLVED BY THE 130ARD OF DIRECTORS o:fJosly M,# tnterprises; Inc. that the President is hereby authorized and instructed to undertake all actions as .described• ana whatever other measures are necessary to achieve the purposes outlined in this ..1 2 Resolution. r.. IN WIT NETS WHEREOF, this _ day of August-1998. . J A.13 dent J ly Enterprises, Inc. , 'I (3:1)N1sV3J6gI094303290,01 ,.• . r a<lai�g t , , zoo "d:'' ` £6SL tL£ SO£ 131#'Id'J,3'DMKIS'NI211fl 90 9I (934)86,fii-'JtiV r lba 4 igppartmpnt of Onip I certify from the records of this office that JOSLY ENTERPRISES, INC. is a corporation organized under the laws of the State of Florida, filed on July 16, 1982. The document number of this corporation is F88300. I further certify that said corporation has paid all fees and penalties due this office through December 31, 1998, that its most recent annual report was filed on February 3, 1998, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this -is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code; 198A00042276-081498-F88300 -1/1, noted below. Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the Fourteenth day of August, 1998 Authentication Code: 198A00042276-081498-F88300 -1/1 ME= (1-95) San bra ort �zm Ptret - 11738 ' Ps07 8`7_R3 4 .. A b eel SEA �1 \ Ee: 1340OP9 2663 s Documentary Stamps Collected $—�� J ;=-,SURTAX Doc. Stamps Collected This instrument was prepared by: Class "C" ntangible Tax Collected $ ALDO ZERVIGON, ESQ. Richard Brinker, ad County, Fla. Name BY C Address 201 Sevilla,Suite 209 Warrantyke (STATUTORY FORM -SECTION 689.02 F. Coral Gables, FL 33134 _ MIfts 3 drnturP, Made this % day of 19 87, $ttu><rrtt 1 ANGEL MARTIN and CARMEN MARTIN, his wife Dade Florida of the County of ,"State of grantort and JOSLY ENTERPRISES, INC., a Florida corporation whose post office address is of the County of Dade , State of Florida WLtUSS114, That said grantor, for and in consideration of the sum of ten 00/00------------- i --------------------------------------------:, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt who is hereby acknowledged, has granted,, bargained and sold to the said grantee, and grantee's heirs and assigns forever, "the following i described land, situate, lying and being in Dade County, Florida, to -wit:' Lot 5, Block 2 of GLENDALE, a subdivision according to the Plat'thereof, as recorded in Plat Book 6 at Page 71 of the - Public Records of Dade County, Florida, a/k/a 1612 Nil 30 St., Miami, Fl- j Subject to: Conditions, restrictions, limitations and easements of record, applicable zoning ordinances and.taxes for the year. 1987 and subsequent years. The property described herein was acquired by said grantors during their marriage and said grantors have remained married without interruption through the date of this conveyance. RLCCROED IN OilC1Pl RtWHW �~- ' Ot DADE COUNTY. FIORD' RECCRD yERIF1E0 . RI ARD P.a CURT CU and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all persons whomsoever. « "Grantor" and "grantee" are used for singular or plural, as context requires. Sit 19unpSB Whrrrnf, Grantor has hereunto set -grantor's hand and seal the day and year first Above written. v in our Signed, sealed nd del•resence: / (Seal) —_ Carmen Martin (Seal) • (Seal) (Seal) ... _.... • i STATE OF Florida r COUNTY OF Dade I HEREBY CERTIFY that on this day before me, on officer duly qualified to take acknowledgments, personally appeared Angel Martin and Carmen Martin, his wife to me known to be the person Sdescribed in and who executed the foregoing instrument and acknowledged before me that t he y executed the some. j WITNESS my hand and official seal in the County and State lost. aforesaid this i j oQ �! 'day of My commission expires: ? 0.. ` Notary Public vA ny • . . — �1•- ROTARY ►uR1IC STA?r Rr fLNtIO>l Ay COHAISSIOR EXP.-RAY 1, IIYI."� +4 a ROYOED THRU 6EYEAAC� IRS. r`�! �. 1 R '99 JAN 13 i1 q :58 I i 0 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 Vk/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. 11739 XXXXX in the................�.......... .... .... ............................................ Court, was puxlblisped , saj Tjpaper 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 persnnd corporation any disco rebate, commission thepurpose of secu ' g jAis advertiseme r n in the said ........................................... .r................ :.:..—.,r... 11 Sw3 anuary cribed before me OAS dayf............. .................... A.D. 19...... � Q IF TARP SEAL :Ar L'A" 'ROlREl40 (SEAL) i COMM. SlOSV NUWt6.R Octelma V. Ferbeyr ors �POMUSSIDtV1EXPIFIES RQF t �� SEPT 22.2002 CBT,Y OF-MIAMI;.;FLORIDA l LEGALNOTICE [All interested persons. will take ',,,notice that o t Bth dayaoI December, 1998, the City Commission -of Miami,. Florida, adopted the _'�fol lowin titled ordinances. w g L A>E ORDINANCE N0: 11733 AN _EMERGENCY. -ORDINANCE-.ESTABLISHING-AaNEW-- SPECIAC. REVENUE FUND; _ENTITLED: "LOCAL °.LAW ENFORCEMENT - BLOCK GRANT III PROGRAM ;,.AND.! APPROPRIATING FUNDS FOR THE,, OPERATION„ OF SAME' IN'THE, AMOUNT OF $3 937;993;,OO�CONSISTINGiAr' 'OF A GRANT FROM. THE LTWI§9P.ARTM9NW6F4 USTICb IN THE AMOUNT.OF$3;544,194.00,.PLUStIN7EREST;iANDi�y; t REQUIRED MATCHING'FUNDS FROM tTHEIGITY,, IN)fTHE`,}, AMOUNT' OF $393,799.00j AUTHORIZING THE. CITY MANAGER TO ACCEPT SAID•,GRANT AND TO EXECUTE THE ,NECESSARY, DOCUMENTS, IN �A) FORM}+,ACCEPT-[may . ABLE'TO"THE CITY, ATTORNEY., FOR THIS` PURPOSE; FURTHER AUTHORIZING`�T.HE'ALLOCATION OF MATCH ' ING FUNDS IN THE AMOUNT OF $393 799.00, FROM THE POLICE=DEP.ARTMENT. GENERAL 00ERATING4 UDGET, ACCOUNT CODE NO.-OO1000 2903Q1.6A50 CONTAINING -A REPEALER -PROVISION AND'•SEVERABILITY CLAUSE. - ORDINANCE NO. 11734 Alf ORDINANCE AMENDING SECTIO14&1452(c) OF. THE-. CODE; OF THE CITY OF MIAMI, FLORIDA; AS. -AMENDED, TO ESTABLISH THE EXPIRA0O1:DA7E+FOR TERMS OF, OFFICE FOR MEMBERS OF THEKBOARD_QF DIRECTORS .(f OF THE DOWNTOWN- DEVELOPMENT -AUTHORITY; CON- TAINING. A REPEALER, PROVISION.AND.AtSEVERABIL-IT:Y. , CLAUSE; PROVIDING FOR AN EFFECTIVE 'DATE; ,AND 'PROVIDING'FOR INCLUSION IN THE'CITY CODE . ORDINANCE NOs.11735 AN ORDINANCE:+•AMENDING CHART�ERji Z&ARTICLE ENTITLED" ADMINtSTRATIONBOARDS, COMMITTEES, - COMMISSIONS," AND.. CHAPTER 14,: ARTICLE V, , EN TITLED: "DOWNTOWN DEVELOPMENT/SOUTHEAST +I-- OVERTO.WN/PARK WEST' REDEVELOPMENT DISTRICT - AND •. COMMUNITY REDEVELOPMENT AGENCY .,xTHE f ' f CODE.'OF THE-CITY.OF MIAMI,r�FLORIDA,`-AS AMENDED r, t' - 'AND AMENDING CERTAIN SECtT,IONS RELATED TO THE `, . COMMUNITY. REDEVELOPMENT'AGENCY FOR THEFOMNI'"': REDEVELOPMENT DISTRICT,I'ttTOJ, ESTABLISH. ' THE&.` INDEPENDENT COMMUNITY REDEVELOPMENT..AGENCY'_ iu AND:U.S."HOUSING.AND URBANLDgVELOMENT FUN, D,ING.y • POLICY, -PROGRAM -AND'PROCEDURES.REVIEW, COM-i' MITTEE; TO SET FORTH SAID .. WITTEE'S PURPOSE; POWERS,',AND DUTIES:, TO:PROVIDE FOR TERMS, OF - OFFICE :OFFICER$ IkETINGS`,000RGM$' REQUIRE `' :- MENT FOR�MEMBERSHIP; ATTENDANGE�ANQ�FILL•tNG . OFVACANCIES ANO ,TmO PROVIDE:FOR,TH•E MORE- PARTICULARLY,BY:,;ADDING NE �$ECTIQNS' 14 300'THROUGH-14304'`,AND AMENDING SECTION 10892: OFt,SAID .CODE; CONTAINING -A REPEALER:: PROVISION ;. AND A SEVERABILITY CLAUSE �L "4 a^• �.,- .'" -,'� cr, 1('T3..+a i .:"3 � f :.-V°'1 1i.7 =':l C ti IJ� AN ORDINANCEi7AMENDING.CHAPTER.14'j: R CLE,V ,;:'a ENTITLED; ,'-60W NTOWN/SOUTHEAST OVERTOWN/PARK, _,�- WEST REDEVELOPMENT' DISTRICT 'AND'COMMUNITY REDEVELOPNIENTaf'AGENCY;"f OF -THE -CO ' DEOF4-THE ,�' �, _; CIlY OF iMIAMt'FLORIDA AS-AMENDED,.'ND ADMENaf. INGiCERTAIN SECTIONS RELATED TO THE COMMUNITY! REDEVELOPMENT ;AGENCY FOR THE OMNI REDEVEL � OPMENT DISTRICT PTO `'PROVIDE FOR�.ADDITIONAL ' AGENCIES; -FOR FISCAL,.,yEARS 2000 THROUGH -AND .- INCLUDING` 2004;' SUBJECT TO'THE AVAILABILITY •OF I FUNDSi YANDr TOE'"PROVIDE FOR` A- COMPREHENSIVE '- SUNSETSEVALUATION AND.REVIEW.OFLSAID COMMUN- _ ITYREDEVELOPMENTIAGENCIES BY, -THE •INDEPEND;' , ENT COMMUNITY REDEVELOPMENT AGENCYAND U:St ' HOUSING AND URBAN DEVELOPMEf0t-FUNDING•POL �. ICY,. PROGRAM AND PF1 CEDURES; REVIEW=COMMIT TEE, MORE PARTICULARLY B.YjADDING NEW SECTIONS_ t 14-316��THROUGH: 14311,."CONTAINING A_REPEALER^ PROVitTo—! AND A-SEVERABILITY°'Ci�4USE.=��r 0 , q : ORDINANCE NO., 11747. , 1 1. 1 1 . AN; ORDINANCE AMENDING'.TkE. FUTURE :LAND. USE MAP- OF THE COMPREHENSIVE-NEIGHBQRkiO0D PLAN `DESIGNATION�'� 13y,�,CHANGING tTHE !.LWWb-"urs��,.-OF.THE, I_ PROPERi-YLOCATED 'AT APPROXIMATELY.11.612 NORTH-. . WEST 30TH,�STREE-T�'lMi"AM'I,�"PLcik(bg,, FROM'DUPLEX : RESIDENTIAL TO RESTRICTED COMMERCIAL;. MAKING 'FINDINGSPIREC INGjTf,3ANSMIT_TAtS _-M-AFEECTED101 AGEN­ q]ES;,CONTAINING-.'A-REPEAL-ER-PROVISIONAND'.-- A.-SEVERABILITY'CLA6St AND PROVIffWd'.FOR AN -EFftCTIVE DATE)AF F ; 5�2 �4,%H'1- 4 -olp f­81C 81*"�l ORDINANCE NO.111739--, AN. ORDINANCE AMENDING Fr G NO�-2&- OF THE.: ZONING 'ATLAS _z_017;71­!E; QTYi OF MIAMIFLORIDA,: BY CHANGING- THE, -ZONING CLASSIFICATION ,FROM,,R-2-- TWO FAMILY 'FiLSibrATrAL-'TO C-_1­'RESTRICTED'tOM_ MERCIAIi�,OR11TI4tCPA&ITR 3Ty-; 1_06ATEUAT �PPRbkm_�-,`,.­l ATLY - 1612 NORTHWEST 30TH STREET, MIAMI FLdRIDATMAKINGIFINDIN6S; CONTAINING''A REPEALER'IJ4 PRdVISIONANDIA'SEVERABILITY CLAUSE;iAND PRO _ ! ORDINANCE NO. 11739 AN ORDINANCE 'AMENUING',THE."IFUTURE:CANb:'iusEI MAP 7OF THE - dOMPkEHENSIV.Ej NEIGHBORHOOD PLAN -13Y CHANGING THE LAND USE. DESIGNATION 0 - F­THE PROPERTIES LocAtt()"A f,4AFi0RbXiMATELY:i6601'ANbJ 20o6 ' SOUTHWEST ,2 j MIAMI, ' 4T,"-5TREIET,- FLORIDA, . FROM RECREATION ;TO -SINGLE, RAM ILY RESIDENTIAL;, MAKINd-,PNDiN6d.,"-•b(RLCTING.'TRANSMITTALS TO AFFECTED 'AGENCIES;!,CONTAINING AREPEALER PRO-, visibN - AND A SEVERABILITY CLAUSE; AND, PROVIDING FOR'AN,EFFECTjIVE@�4-T,9,.!, 0 7 " OT, ',,I i'l ri, Q': OR 1 40- bRDINANCEr - AMENDING -PAGE: NO.. -43 E AN), OF_ TH ZONING ATLAS 'OF-_-THE.aTY OF MIAMI, FLORIDA, BY - CHANGING _,THE -ZONING ,',,CLASSIFICATION -FROM-,-PR,, PARKS AND �9EZ­AE A-T'- 1614-11 (Y.-AT _S_1N'_ G"6E_,'jFA`M)jLY,-. t — , , rt RESIDENTIAL-l"FW-THE ijP'R6F�CRTigS�--lt�6CATEb-."?�,E�,4 I APPROXIMATEL1960, AND 2000 SOUTHWEST 24TH Y. STREET, MIAMI.,, - FLORIDA; MAKING FINDINGS- CONTAIN'­C,-_,� INGA­'qEPEALER PROVISION AND A'SLV'ERABI0_t - Y, CLAUSE; AND -PROVIDING. FOR AN EFFECTIVE DATE.* .. 'ORDINANCE NO. 11741 z AN ORDINANCE 'AMENDING ORDINANCE 11000, AS THE ZONING ORDINANCE, OF THE CITY OF MIAMI,- -BY..AMENDING -ARTICLE -6. SECTION 601.sb-1- '-.-MARTI N`LUTHER - KING'. BOULEVARMIFCOMMERCIALZ, ,,D�ISTRICT, TO INCREASE. MINIMUMTYARD �'�REQUIRE-".'. `t!l .,f CONTAINING AREPEALEk_'.',PRbVISIOR AND, , SEVERABILITY. CLAUSE: AND. PROYIQING-IFOR, -.AN.. i ! 'EF Tl�� WATE, �E D . _-SaidPcdinandes may be inspected,by the public at*the Office of thq`r-_� .City'Clerk, 3500 Pan American Drive Miami,, _Florida,, Monday,thro h - 0 1 �g, �riida'�lgz6Fudingholicfayg�;'69tv�e'enth6hours'o'f �a,rn�.,and 5' "' , 'qT; Ak Walter,J. Foeman, City Clerk > C, r— "71 _1� 7�! r :x `J)