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HomeMy WebLinkAboutO-11452J-97-25 12/30/96 ORDINANCE NO. 114 J AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM O-OFFICE TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF SOUTHWEST 2ND AVENUE AND CORAL WAY, MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID• ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board at its meeting of December 16, 1996, Item No. 2, following an advertised hearing, adopted Resolution No. ZB 130-96, by an eight to zero (8-0) 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, ATTACHMENT (S) r Page 37, Article 4, Section 401, Schedule of District Regulations, is hereby Iamended by changing the zoning classification from O-Office to C-1 Restricted Commercial for the property located at the Southwest corner of Southwest 2nd Avenue and Coral Way, Miami, Florida, more particularly legally described as set forth on Exhibit "A" attached hereto and made a part hereof. 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; MR I145 (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. 37 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 simultaneously with its companion Comprehensive Plan amendment (Ordinance No. ), which takes effect thirty-one (31) days after final reading and adoption thereof pursuant to Ch. 95-322, §3 at 9, Laws of Florida. PASSED ON FIRST READING BY TITLE ONLY this 23rd day of January 1997. -3- 1,145 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of February 1997. ATTEST: WALTk— . FOEMAN CITY CLERK PREPARED AND APPROVED BY: MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -4- 1 1 5 r c_J "LEGAL DESCRIPTION" Lot 1, less the East 10 feet and the North 10 feet thereof of Lots 2,- 3 and 4, leds the East 10 feet thereof, Lot 5, less the North 10 feet thereof, and Lots 6 and 7,) less the North 5 feet thereof, Block 93-S, MIAMI HEIGHTS, according to the plat thereof, recorded in Plat Book 5, Pag.e 29, of the Public Records of Dade County, Florida. AND LESS: Beginning at a point in the Southerly line of Lot 7, Block 93-S; of MIAMI HEIGHTS, as recorded in Plat Book 5, at Page 29, of the Public Records of Dade County, Florida, said point being 37.69 feet more or less, Southeasterly from the Westerly corner of said Lot 7, thence run Northwesterly, Northerly and Northeasterly on the arc of tangential curve to the right having a radius of 9.0 feet and.a central angle of 145 23'45" a distance of 22.84 feet more or less to a point of tangent; thence run West on a tangent to the last described curve on a line parallel to and 5 feet South of the North line of said Lot 7, a distance of 28.89 feet, more or less to a point on the Southerly line of said Lot 7; thence run Southeasterly along the Southerly line of said Lot 7, a distance of 28.89 feet, more or less to the Point of Beginning. CERTIFIED TO: WAL-gR/CK LTO., O 1101'/oIo L1177171CO/ --7C,-5hi� WALGREEN CO. BARNETT BANK OF SOUTH FLORIDA, N.A. 4�ivSTE,P, y�.4,E-�Ey, ✓ALOES -FOUL / -;r' STE�YA PT, i�A . F/?ST 4�7,6e1CA1-1 T/TL:E 1A15 J.pq,4-/CE COMPANy 11/✓E,P5,91?A ATG AAICA Coe,,?, O NOTE: The National Flood Insurance Rate Map, published by the Federal Emergency Management Agency, delineates the herein described land to be situated within Zone "X". Panel No. 0191-J./ Comm. No. 120650, Dated 3-2-1994. ®ZONING FACT SHEET PZ-10 SECOND READING LOCATION/LEGAL S.W. Corner of S.W. 2nd Avenue and Coral Way (Complete legal description on file with the Office of Hearing Boards) APPLICANT/OWNER Walbrick Ltd., A Florida Limited Lucia A. Dougherty, Esq. Partnership 5310 N.W. 22nd Ave., Suite 209 1221 Brickell Avenue Ft. Lauderdale, FL 33309 Miami, FL 33131 (954) 7314666 579-0603 ZONING 0-Office REQUEST Change in Zoning as listed in Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4; Section 401, Schedule of District Regulations from 0-Office to C-1 Restricted Commercial. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval. PUBLIC WORKS No comments. PLAT AND STREET N/A DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Total Fines To Date: N/A CEB Action: N/A Last Hearing Date: N/A Found: N/A Daily Fine: $0.00 Lien Recorded On: N/A HISTORY This item was recommended for approval by the Planning Advisory Board on November 20, 1996 by Resolution No. PAB 56-96. ANALYSIS Please see attached. ZONING BOARD Recommended approval to the City Commission. (Res.No. ZB 130-96) APPELLANT N/A CITY COMMISSION PASSED FIRST READING ON CC 1/23/97. APPLICATION NUMBER 95- 517 Page 1 December 16, 1996 Item#,+q�2 11452 E ANALYSIS FOR ZONING CHANGE Approximately 200 SW 13te Street. CASE NO: 95-517 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 has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: Block 93-S, MIAMI HEIGHTS SUBDIVISION (5 - 29) (complete legal description on file with the Hearing Board Office) from O "Office" to C-1 "Restricted Commer- cial'. The following findings have been made: • It is found that the subject property has the C-1 classification immediately east and south-west and, that the proposed change will be a logical extension of the commer- cial classification. It is found that the subject property is surrounded by SW 13' Street (Coral Way), SW 2' Avenue and SW 15'' Road, all major circulation arteries and that, for this -reason, the C-1 will be a more appropriate zoning classification for the property. • It is found that the proposal will allow the subject property to be developed in a man- ner which includes the uses for which the property is allowed today and will add a host of uses that can better serve the immediate neighborhood. The O "Office" classi- fication already exists in abundance in the area and along Brickell Avenue (which still has a glut of office space available); the requested change to C-1 will increase the possibility of the subject property being developed in a manner which directly bene- fits the adjacent areas. Based on these findings, the Department of Community Planning and Revitalization is recommending approval of the application as presented. ® • ANALYSIS OF PROPOSED ZONING CHANGE - APPLICATION NUMBER 95- 517 Yes No N/A X The proposed change is in harmony with the adopted Miami Compre- hensive Neighborhood Plan, 1989-2000, and does not require a plan amendment. X The proposed change is in harmony with the established land use pattern. X The proposed change is related to adjacent and nearby districts. X The change suggested is within scale with the needs of the neigh- borhood or the City. X The proposed change maintains the same or similar population density pattern and thereby the load on public facilities such as schools, utilities, streets, etc. is the same. X Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. X There are changes or changing conditions that make the passage of the proposed change necessary. X The proposed change positively influences living conditions in the neighborhood. X The proposed change has the same or similar impact on traffic and does not affect public safety as the existing classification. X The proposed change has the same or similar impact on drainage as the existing classification. X The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. X The proposed change has the same or similar impact on property values in the adjacent areas as the existing classification. X The proposed change will contribute to the improvement or deve- lopment of adjacent property in accord with existing regulations. X The proposed change conveys the same treatment to the individual owner as to the owner within the same classification and the immediate area; and furthers the protection of the public welfare. X There are substantial reasons why the use of the property is unfairly limited under existing zoning. X It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. December 16, 1996 Items 2 IIIIIIIIIIIIII iem�, miu I i m HIM �! 10, 01. 14 fo 8S CITY 1s .,, '' W s 1. 17 .a is 90 Is =o Is 11 will Mr: George Barket offered the following Resolution and moved. its adoption. RESOLUTION ZB 130-96 AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS, PAGE 37, THE ZONING ORDINANCE NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM O-OFFICE TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT S.W. CORNER OF S.W. 2"DAVENUE AND CORAL WAY LEGALLY DESCRIBED EXHIBIT "A" HEREBY ATTACHED PUBLIC RECORDS OF DADE COUNTY; ZONED O-OFFICE. Upon being seconded by Ms. Ileana Hernandez the motion was passed and adopted by the following vote: AYES: Mses. Hernandez, Basila & Morales Messrs. Barket, Carman, Gibbs, Moran-Ribeaux & Obregon NAYES: None ABSENT: Messrs. Crespo & Luaces Ms. Fernandez: Motion carries 8-0 Item # 2 December 16, 1996 Zoning Board zf7, -Ole. ��_,00 "LEGAL DESCRIPTION" Lot 1, less the East 10 feet and the North 10 feet thereof of Lots 2,- 3 and 4, leis the East 10 feet thereof, Lot 5, less the North 10 feet thereof, and Lots 6 and 7,1 less the North 5 feet thereof, Block 93-5, MIAMI HEIGHTS, according to the plat thereof, recorded in Plat Book 5, Page 29, of the Public Records of Dade County, Florida. AND LESS: Beginning at a point in the Southerly line of Lot 7, Block 93-S; of MIAMI HEIGHTS, as recorded in Plat Book 5, at Page 29, of the Public Records of Dade County, Florida, said point being 37.69 feet more or less, Southeasterly from the Westerly corner of said Lot 7, thence run Northwesterly, Northerly and Northeasterly on the arc of tangential curve to the right having a radius of 9.0 feet and a central angle of 145 23145" a distance of 22.84 feet more or less to a point of tangent; thence run West on a tangent to the last described curve on a line parallel to and 5 feet South of the North line of said Lot 7, a distance of 28.89 feet, more or less to a point on the Southerly line of said Lot 7; thence run Southeasterly along the Southerly line of said Lot 7, a distance of 28.89 feet, more or less to the Point of Beginning. CERTIFIED TO: WALP.S?/Ck- LTO.., Li177171Co" Poi�i�CrS%!i� WALGREEN CO.. BARNETT BANK OF SOUTH FLORIDA, N.A. ✓ALOES -1cA_ UG / R A . F�?ST AMEPiCA,C� TITLE 1"5uRAAvCE C Af,--A vy /1Vv6,e50?A . ATG ANCA CJP�, O •C/�/'iO�O C�/'�O/'O �/ J /7 NOTE: The National Flood 'Insurance Rate Map, published by the Federal Emergency Management Agency, delineates the herein described land to be situated within Zone "X". Panel No. 0191-J./ Comm. No. 120650, Dated 3-2-1994. 1 b` �:. fi C1laB APPBOBIQAN CQZiO>Z�8 SBL't M 2210. wms A!D w=mmm 0P maw aum !w iD cm apeasox 4v n pertaining to the � of land mler application made ceder section 2202.1(e), the report and ceommadacione of the Zoning Hoard shall show that the Zoning Board has studied and considered, where applicable, whether or not: (a) The proposed dugp conform with the adapted Masi Ompreheosive Neighborhood Place and does not require a plan ameelWwt; (b) The p gmwd dahge 18 in harmony with tte established land use pattern; (c) The propmwd dmp is related to adjacent and aelerby districts; =Ile dhage seggested is mt out of scale with the cads of the neighborhood or the may; (a) 'he proposed dhage sai„tatus the sees or similm popnladm density pin and thereby does not. increase or nachos eta land as public fae311t1s such as schools, ,n 11 tt_4�, atreabs Ger-i (f) Mrisd . diatria baemderiee an illaglally drann in valstim to existing oonditioon an the property pto(eosed f(r ChEW; Lg) _ Qhm pd or dhao0 maditiaos adds the patateP of the Iapcee 1 dVMW mceesery; (h) Ma prapord dhWp positively iafiumces UVft coodidame In the neighborhood; (1) she proposed Ie bas the sse or similar naps= m traffic said doss not affect public safety to a gh eater e3esot then the eadstiog e]as ificseion; (j) Ibs ptopoMd dmp hie the smsi or sfdlat iapax an dhaiam8s as the edstiag (k) Itne pecposed dmmge ben ebe ease cc simUAw lops= m light and air to djeeent areas as the ae>bstiag e]aeailhrscion; (1) 'he prapceed chmegs bas the ase or similar, !eject m property values in the adjacent area as the a dstU% c]asifiratlan; (a) 'he proposed dhmnge m411 axeribhte th, the tMmum mo t ar deme1q;uut of adjacent prMuty in accord v M admtiag rejilariams; (a) 'he prapasd doW cacoop the Am to the it~divid al meet an to osaahers witbia the sees UMIifiratica and the immIlata area ail fvsthen the protection of the public lielfare; (a) !there an adistsudal caroms vtey the use of do peaperty Is unfairly liadted under esistirg =oft; (p) It is difficult to find other adequste sitar in tbt ==zding area for tta Iropond use in districts already permitting such use. (Mr=) After ovaideriag the factors set forth in Secdm 2210 of Oiidlaamee 11t700, I mere that the (agenda its Z ) be realmnneude. to the City Casndesun for a+pt+oval nnial). 49 z item Adnelme Friesner Pardo 305-579-0683 HAND DELIVERY Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami Suite 300, DuPont Plaza Center 300 Biscayne Boulevard Way Miami, FL 33131 G G I I N S B I G GA T T O R N E Y A T L A W IGfl��IG October 4, 1996 Re: Rezoning Application for Walbrick, Ltd. Dear Teresita: On behalf of Walbrick, Ltd., a Florida limited partnership, we are applying for a rezoning and comprehensive plan amendment for the property located at the Southwest corner of 2"d Avenue and Coral Way. Pursuant to.the Application for Amendment to the Zoning Atlas, this letter serves to explain why the proposed zoning designation is inappropriate and why the proposed zoning designation is appropriate. The existing zoning is Office. Our application requests the zoning designation be amended to Restricted Commercial. The office designation is inappropriate due to the location of the subject property. The property is located on a major roadway, Coral Way. Both the property to the east and west are designated Restricted Commercial. The subject property is inappropriate for office use and is greater needed for commercial uses for the surrounding neighborhood. The area is much more conducive and compatible for commercial use then office. Further, the subject area is lacking in sufficient zoning designations for commercial use in order to provide services to the surrounding neighborhoods. Thank you very much for your attention. Please call if you have any questions. VeA truly yours, U'�" Adrienne Friesner Pardo cc: Mr. Ken Barber Lucia Dougherty, Esq. MIAMI/PARDOA/820401 /h10x01 !.DOC/10/02/96 GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P. A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE ORLANDO NEW YORK WASHINGTON, D.C. APPLICATION FOR AMENOT TO ZONING ATLAS oile Number 92- r Lucia A. Doughety on behalf of Walbrick Ltd, - 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: X 1. Address of property: S.W. Corner of S.W. 2rid Avenue nd oral Way X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. X 3. Affidavit disclosing ownership of property covered by application and disclosure of interest. (See attached form.) X 4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of X property covered by this application. (See attached form.) 5. At least two photographs that show the entire property (land and improvements.) X 6. Atlas sheet(s) on which property appears: x_ 7. Present zoning designation(s): — _ x 8. Proposed zoning designation(s): 9. Statement explaining why present zoning designation is inappropriate. (See attached form.) _x_ 10. Statement as to why proposed zoning designation is appropriate. (See attached form.) �y 11. Other (Specify) j)pprl _ x 12. Filing fee of $ 9,04 5.46ccording to following schedule: Change of zoning classification to: CS, PR, R-1, R-2, per square foot of net lot area ............. $ 0.12 Minimum........................................................ $550.00 R-3, R-4, 0, G/I, per square foot of net lot area ........ :.... $ 0.16 Minimum....................................................... $650.00 C-1, C-2, I, per square foot of net lot area ................... $ 0.20 Minimum....................................................... $750.00 CBD and all SD's, per square foot of net lot area ............. $ 0.22 Minimum.......................................... ........... $850.00 Signature: STATE OF FLORIDA } SS: COUNTY OF DADE } I Name: Lucia A. Dougherty Address: 1221 Brickell Avenue, Miami, FL 33131 Phone: 305-579-0603 Lucia A. Dougherty , being duly sworn, deposes and says that he is the (Owner) (Authorized Agent for Owner) of the real property described in answer to question 1 above; that he has read the foregoing answers and Sat the same are true and complete; and (if acting as agent for owner) hat he has authority to execute this petition on behalf of -the owner. (SEAL) SWORN TO AND SUN�BiBED Lu a Dou h rt before me this day of October 199 g y 7"�� Q� &"L MY COMMISSION EXPIRES: Notary Public, State of Tloriaa at Large FFICIAL NOT7PAR FRIESLAD-RIENNE ARY PUBLIC STACOMMISSION NCOMMISSION EXP. DEC. , 114 5 ,,/ OWNER'S LIST Owner's Name Walbrick Ltd., a Florida limited partnership Mailing Address Suite 209, 5310 N.W. 22 Avenue, Ft. Lauderdale, FL 33309 Telephone Number 954-731-0666 Legal Description: SEE ATTACHED EXHIBIT "A" Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address NO Street Address Legal Description Legal Description Street Address Legal Description /9 1145�2 �7- A F F I D A V I T STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty, who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code 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 represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion 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, phone numbers and legal descriptions for the 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 Affiant sayeth not. (SEAL) (Name) . Lucia. A. Dougherty Sworn to and Subscribed before me this day of , 191IR Notary Public, State of Florida at Large OFFICIAL NOTARY SEAL ADRIENNE FRIESNER PARDO NOTARY PUBLIC STATE OF FLORIDA CUMMISSION, NO CC428765 MY COMMISSION EXP. DEC. 21,1998 My Commission Expires: • 0 DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: S.W..corner of S.W. 2nd Avenue and Coral Way See Attached Exhibit "A" for legal description 2. Owner(s) of. subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 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 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Walbrick Ltd., a lizhitedd partner is owned Limited Partner - Ken Barber individually General Partner - Trion Ventures VII, a Florida corporation President - Ken Barber 100%, individually 3. Legal description and street address of any real property (a) owned by any party listed in answer to question f2, and (b) located within 375 feet of the subject real property. NONE STATE OF FLORIDA } SS: COUNTY OF GAGE } OWNER OR ATTORNE FOR OWNER Lucia A. Dougherty Lucia A. Dougherty , being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question #I, above; that he has read the foregoing answers and that the sane are true and complete: and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership form on behalf of the owner. (SEAL) Lucia A. Dougherty SWORN TO AND SU TT before me his day of �i 1 ADR ,��'yr ip5i6 . ' to 0 Florida at �4L NOTARY SEAL �: . !' FFtcS\1ER PARDO rNCTARY Pt ,� .n a .::,t{t7q COMMIS�i,' ,; ,• _ -ORiDA MY COMMISSION EXPIRES: Y COMMISSION LXe L).EC- 21, r:.� MYCOMMhJiC" �.I 414n, / 0 "LEGAL DESCRIPTION" Lot 1, less the East 10 feet and the North the East 10 feet thereof, Lot 5, less the less the North 5 feet thereof, Block 93-S, thereof,'recorded in Plat Book 5, Page 29, Florida. AND LESS: 7"' 3P�i/717�i7�J 6�2_ 3C� 10 feet thereof of Lots 2,- 3 and 4, North 10 feet thereof, and Lots 6 and MIAMI HEIGHTS, according to the plat of the Public Records of Dade County leds 7,1 Beginning at a point in the Southerly line of Lot 7., Block 93-5; of MIAMI HEIGHTS, as recorded in Plat Book 5, at Page 29, of the Public Records of Dade County, Florida, said point being 37.69 feet more or less, Southeasterly from the Westerly corner of said Lot 7, thence run Northwesterly, Northerly and Northeasterly on the arc of tangential curve to the right having a radius of 9.0 feet and a central angle of 145 23145" a distance of 22.84 feet more or less to a point of tangent; thence run West on a tangent to the last described curve on a line parallel to and 5 feet South of the North line of said Lot 7, a distance of 28.89 feet, more or less to a point on the Southerly line of said Lot 7; thence run Southeasterly along the Southerly line of said Lot 7, a dist.ance of 28.89 feet, more or less to the Point of Beginning. CERTIFIED TO: WAL•131?/C,K 1-TO., Limi71Co1 Pa��nC�S/Si� WALGREEN CO. BARNETT BANK OF SOUTH FLORIDA, N.A. 6t�ivSl'E�P, Y-OAIE-LEy, -5�' STEw/a?T, RA. ///T5T-4"6eiCAIC1 T/TLE ^15ueA,vCE CoMP.4ivy 1N✓E,P50/?A Art AIvCA NOTE: The National Flood Insurance Rate Map, published by the Federal Emergency Management Agency, delineates the herein described land to be situated within Zone "X". Panel No. 0191-J./ Comm. No. 120650, Dated 3-2-1994. !A • V L I —1 M N I • .. a. • 1 V V V ,Return to: Drake M. Batchelder, Esq. Tripp, Scott, Conklin & Smith 110 S.E. 6 Street, 28th Floor Fort Lauderdale, Florida 33301 This instrument. was prepared by: Juan E. Serralles, Jr., Esq. Gunster, Yoakley, Valdes-Fauli & Stewart, P.A. Suite 3400 - One Biscayne Tower 2 South Biscayne Boulevard Miami, Florida 33131 Property Appraiser's Parcel Identification No. 01-4138-051-0640 01-4138-051-0650 01-4138-051-0660 01--4138-051-0670 01--4138-051-0680 01-4138-051-0690 j10 12:3^ r?t7LSiFDEE > ► 9trt3. �t17 SG^TX ?.4?. t1Lr NA vLY RUVIN; CLaRR DADE COUNTY, Ft STATE C= <<�?1:.. MU-JT. D-VD7 WARRANTY DEED This Warranty Deed made and executed the day of Sri Ser• , 1996s, by INVERSORA ATLANCA CORP., a corporation ekisting ender the laws of the State of Florida, whose post office address is: c/o Banco Atlantico-Miami. Agency, 801 Brickell Avenue, 8th Floor, Miami,, Florida 33131, hereinafter called the Grantor, to WALBR.ICR, LTD., a Florida limited partnership, whose post office address is -9510 a-w- 33ra A-WAMe Ae 2-M 40!r Lw..a(..OE Fc.."r.. , hereinafter called the Grantee: WITNESSETH, that the Grantor, for and in consideration of the sum of TEN -($10.00) DOLMANS AND OTHER GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm, unto the Grantee, all that certain land situate in Dade County, Florida, viz: SEE EXHIBIT "A" ATTACKED HERETO AND MADE A PART HEREOF .SUBJECT TO: 1. Taxes for the year 1996 and subsequent years. 2. Conditions, restrictions, limitations, easements and reservations of record, if any, who shall not serve to reimpose same and applicable zoning and building ordinances. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. • '-I V V 4 TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all person2s whomsoever; and that said land is free of all encumbrances. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and deliv- ered in the presence of: Print Name: .Caisa ft ✓art -a r j �Tn Name: FI+✓K STATE OF FLORIDA ) SS: COUNTY OF DADS ) INVERSORA ATLANCA CORP., a Florida corporation erg BY: - Ruben-Mrregat Vice -President The foregoing instrument was acknowledged before me, is 5 day of S�.f�� , 1996, by RLTBEN FABREGAT, as Vi President Of INVERSORA PiTLANCA CORP., a Flor' a corporation, o ehalf of the corporation. --`� Print Name: ; NOTARY PUBLIC, State of Florida My commission Expires: MM T. BRAVO Personally Known V OR Z r oc Produced Identification Type of identification Produced 'enQe°''''``" XVV A"XXA G.WVN*127t79.02 11452 a• ao 1t1U 11; 41 rAA oVo o, V ,,IV Lei V V a EXI[LOrr "A" Lbt 1, less the East 10 feet and the North 10 feet thereof; Lots 2, 3 and 4, less the East 10 feet thereof; Lot 5, less the North 10 feet thereof, and Lots 6 and 7, less the North 5 feet thereof, block 93-S, MIAW HEIGHTS, according to the Plat thereof, recorded in Plat Book 5, Page 29 of the Public Records of Dade County, Florida. AND LESS: Beginning at a point in the Southerly line of Lot 7, Block 93-S; of NII.AMI HEIGHTS, as recorded in Plat Book 5, at Page 29, of the Public Records of Dade County, Florida, said point being 37.69 feet more or less, Southeasterly from the Westerly corner of said Lot 7, thence run Northwesterly, Northerly and Northeasterly on the arc of tangential curve to the right having a radius of 9.0 feet and a center angle of 1450 23' 45" a distance of 22.84 feet more or less to a point of tangent; thence run West on a tangent to the last described curve on a line parallel to and 5 feet South of the North line of said Lot 7; a distance of 28.89 feet, more or less to a point on the Southerly line of said Lot 7; thence ruts Southeasterly along the Southerly line of said Lot 7, a distance of 28.89 feet, more or less to the Point of Beginning. IV/ U3/VU THU 11:4iFAX 305 37F `iUlU GYV_F&S, P.A. lQ 006 Return to: Name: Juan E. Serralles, Jr., Esq. Firm: Gunster, Yoakl'ey, Valdes-Fauli & Stewart, P.A. Address: One Biscayne Tower, Suite 3400 2 South Biscayne Boulevard Miami, Florida 33131 This instrument was prepared by: Name: Juan E. Serralles, Jr., Esq. Firm: Gunster, Yoakley, Valdes -Pauli & Stewart, P.A. Address: One Biscayne Tower, Suite 3400 2 South Biscayne Boulevard Miami, Florida 33131 96R427905 1996 SEP 23 09V DOCSTPDEE 0.60 SURTX 0.4 HARVEY RUVIN. CLERK DADE COUNTYr Property Appraiser's Parcel Identification No. 01-4138-051-0650 QUIT CLAIM DEED THIS QUIT CLAIM DEED, made this ?othday of September, 1996, by JOSE L. PITA, an ununmarried man, whose post office address is 311 S.W. 20th Road, Miami., Florida (-Grantor"), to WALBRICK, LTD., a Florida limited partnership (-Grantee-), whose post office. address is 5310 N.W. 33rd Avenue, Suite 219, Ft. Lauderdale,FL. WITNESSETH, that said Grantor, for and in consideration of the sum of Ten ($10.00) Dollars, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, do hereby remiser release and forever quitclaim unto the Grantee, the real property located in the County of Dade, State of Florida, more particularly described as follows: SEE BXSIBIT . "A" ATMCMW AND HADS A FART BEPJ30P GRANTOR HEREIIr STATES UNDER OATH THAT SUBJECT PROPERTY BEING •CONVLYED IS NOT WM 'HAS NEVER SEEM THE HOMESTEAD OF THE GRANTOR HEREIN, WHO NOW RESIDES AND IS DOMICILED AT 311.S.W. 20th ROAD, XX AMI, FLORIDA IN WITNESS WHEREOF, the Grantors have executed this instrument the day and year first above written. Signed, sealed and delivered in the pres nce of: Mame a��,ti �� ,-Aflf-j Svc . r �Pnt ame: ��.. �►�1ieL STATE OF FLORIDA j SS: COUNTY OF DADE j The foregoing instrument was acknowledged before me this 22 day Of September, 1996, by JOSE L. PITA, an unu�arried.man. Notary PW My Cosmos MOM Pf.M-ALVARM POMMISOMM NUMBER CC24644a Mr C*MW km EXt. Personally Known - OR� Produced Identification Type of Identification Produced Fl-A• L %e--4Soa-y.3A -3G-37c� I i Um XTWC71/PI'M.Q=\012639S.01 _2_ it - it c?y •l rh. r-• = n PT'i \1 �� •-� m-,; ' "_'` ~ r Y`/� 11452 1 Lf!1 U U 6 EXHIBIT "All Lot 2, less the Eat 10 feet thereof, Block 93 South, MIAMI FIGHTS, according to the Plat thereof, as recorded in Plat Book 5, at Page 29, of the Public Records of, Dade County, Florida. Also an easement right and privilege of ingress and egress over, upon, through and across the North 2 feet of Lot 3, less the West 80 feet thereof, in Block 93 of Lot 3, less the West 80 feet thereof, in Block 93 South, Miami Heights, according to the Plat recorded in Plat Book 5, at Page 29, Dade County, Florida, records, and the easement to maintain the front building located on the property hereby conveyed,. which encroaches on Lot 3, less the West 80 feet thereof, in Block 93, South, MIAMI FIGHT'S, according to the Plat aforesaid, for the continuation of said encroachment so long as said building remains a structure, which easements were granted by deed executed by Hugh J. Delaney, et us, to M.J. Strube, et us, dated November 10, 1952, recorded in Deed Book 3672, at Page 436, of the Public Records of Dade County, Florida. INV ATLRWA.LEGAL\0126396.01 .. y 11452'33 • CITY OF M101, 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 Octelme 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. 11452 Inthe ........................ xx.X.4X...................................... Court, was published In said newspaper in the Issues of Apr 8, 1997 Attiant 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 paidRor promised any person or corporation any disco t, rebate, comml, fund or the purpose of sec ng s advertisem r ublica on in the said new apV. /, rn to and subscribed before me this 8 April 97 ayof... .... .............................. .. .... A.D.19...... 11Y SEAL (SEAL) * sct' J cOMMIMON t"MER rI.,• Q CCrJFis.7�� Octelma V. Ferbeyre p r�fa}Pw,i490 tMine,1UMMISSION EXPIRES or- FAO JUNE 23.2000 All interested persons will take notice that on the 27th day of Febru ary, 1997, the_City. Commission 'of Miami, Florida, adopted the follow- ing titled ordinances:; -ORDINANCE NO.•11448 AN ORDINANCE = AMENDING THE ,FUTURE LAND USE MAP OF THE -COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PRO-. PERTY •LOCATED AT APPROXIMATELY 3240--FLORIDA . AVENUE„FROM SINGLE FAMILY RESIDENTIAL'TO RE- STRICTED COMMERCIAL; MAKING'FINDINGS; DIRECT- 1NG : TRANSMITTALS TO AFFECTED AGENCIES; CON- TAINING A REPEALER PROVISION AND A.SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11449 AN ORDINANCE AMENDING, THE FUTURE LAND USE MAP.OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY. CHANGING THE LAND USE- DESIGNATION- OF THE - PROPERTY LOCATED AT APPROXIMATELY 7450 NORTH MIAMI AVENUE, FROM MEDIUM DENSITY. RESIDENTIAL TO GENERAL COMMERCIAL;: MAKING FINDINGS; DIR-' ECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING 'A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE . DATE. ORDINANCE NO.11450 AN ORDINANCE AMENDING THE ZONING ATLAS OF THE . ZONINGcORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE A,' •SECTION 401, SCHEDULE OF DISTRICT , REGULATIONS, =BY CHANGING -THE ZONING CLASSW . FICATION -,FROM. R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE',: PROPERTY. LOCATED AT 7450 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO:. 10 OF SAID ZONING -ATLAS; CONTAINING A REPEALER. PROVISION. AND A SEVER- ` ABILITY CLAUSE: ORDINANCE NO. 11451. AN ORDINANCE AMENDING THE FUTURE LAND 'USE• ' MAP•OF'THE`COMPREHENSIVE• NEIGHBORHOOD PLAN' " BY CHANGING THE LAND USE DESIGNATIONS OF'THE PROPERTY- LOCATED AT APPROXIMATELY'200 SOUTH= WEST 13TH' STREET, FROM OFFICE. TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANS MITTALS 'TO 'AFFECTED AGENCIES; ..CONTAINING -A REPEALER PROVISION AND --A SEVERABILITY CLAUSE; AND PROVIDING FOR °AN EFFECTIVE DATE. ORDINANCE NO,1111459 .�, AN ORDINANCE; WITH`ATTACHMENT(S), AMENDING THE ' ZONING ATLAS OF THE ZONING 'ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE .4, SECTION 401; " SCHEDULE OF` DISTRICT REGULATIONS,`'BY CHANGING THE ZONING CLASSIFICATION FROM O-OFFICE TO C 1 RESTRICTED COMMERCIAL FOR -THE_PROPERTY LOG ATED' AT`THE, SOUTHWEST CORNER 'OF- SOUTHWEST - 2ND AVENUE AND CORAL, WAY,' MIAMI, FLORID- AND BY MAKING ALL,THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS;.CONTAINING A. ' REPEALER PROVISION AND A SEVERABILITY CLAUSE. I ORDINANCE NO.11453 AN ORDWTHE , , G ZONING ATLAS`OF THE.'ZONING`ORDINANCE-OF THE CITY OF MIAMI; FLORIDA,-ARTICLE;'4; SECTION 40VI SCHEDULE OF. DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 -RESTRICTED I COMMERCIAL TO R-4 MULTI -FAMILY HIGH -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT 669 f DOUGLAS ROAD AND VACANT LOT,ON. SOUTHWEST 37TH AVENUE AND 6TH STREET, .MIAMI„FLORIDA; AND BY MAKING ALL THE•:NECESSARY CHANGES ONiPAGE, NO. 33 OF •SAID ZONING`. ATLAS; ,CONTAINING A j REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11454 ANN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTIONS 401 AND 2W2, AND ADDING A NEW SECTION 945, :INCLU,SIVELY; TO CODIFY NEW REGULATIONS PERTAINING,;, TO "PHARMACEUTICAL LABORATORIES"; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING; FOR AN - `EFFECTIVE DATE. 7ALORDINANCE NO 11455. ORDINANCE AMENDING THE, ZONING -,,ORDINANCE..". BY" AMENDING SECTION 1511,; ENTITLED:. "CLASS : 11 SPECIAL PERMIT- R, REQUIRED: FOANY. DEVELOPMENT BETWEEN BISCAYNE"BAY`AND;-THE FIRST -DEDICATED, RIGHT-OF=WAY;" TO INCLUDE -,PROPOSALS) FOR DEW } ELOPMENT BETWEEN THE.MIAMI RIVER AND, THE=FIRST::_.. DEDICATED RIGHT=OF=WAY.; UNDER I SUCH SCOPE OF:; REVIEW CONTAINING A:'REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING" FOR AN r 1 f EFFECTIVE DATE " �i} ORDINANCE NO •11456 . AN ORDINANCE. AMENA DING THE ZONINGORDINNCE` I I BY AMENDING: SECTION 401.,1:SCHEDULE;.OF DISTRICT„ REG„ULATIONS, CBD"CENTRAL BUSINESS.DISTRICT,JO > REVISE. EXISTING REGULATIONS` FOR .SIGNAGE``AND " " ` II OTHER APPURTENANCES -,FURTHER AMENDING SEC 1 iION 2502 TO, REVISE AND CLARIFY EXISTING •DEFI r " ' �} `NITIONS::FOR''-SIGNAGE `CONTAINING A- REPEALER PROVISION, A' SEVERABILTY CLAUSE AND: PROVIDING FOR AN EFFECTIVE DATE.'', ORDINANCE'N0. 11457.. , } AN ORDINANCE"AMENDING THE-ZONINGORDINANCE, BY AMENDI'NG'SECTION 1513'AND INTRODUCINGG 4EW_- SECTI6N'•1'52O'T0%'PROVIDE-.FOR- A'_ CERTIFICATE: OF ;. COMPLIANCE,IWLIEU=OF A'CLASS, II SPECIAL -PERMIT AND ESTABLISH-CRITERIA•AND,STANDARDS.THEREOF ?,. PROVIDING `FOR APPEALS;, CONTAINING A `REPEALER t. PROVISION ANIY'SEVERABILITY ,CLAUSE;';AND PRO blhGFOR•AN EFFECTIVE DATE; .. - i iVADINANCENO `1 i458 ' AN ORDINANCE AMtNDINO SECTION 62-61 'THE EODEbF THE C1TY'OF MCAMf, FLORIDA,-AS AMENDED, p f - ENTITLED: "SCHEDULE OF FEES," TO ESTABLISH AP- PLICABLE FEES FOR CERTIFICATES OF.COMPLIANCE 1 IN -LIEU -OF CLASS 11 SPECIAL PERMITS; CONTAINING A i REPEALER PROVISION, A SEVERABILITY CLAUSE; AND' �., PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO: 11459 AN_ ORDINANCE AMENDING THE ZONING ORDINANCE, . SECTION 401 TO FURTHER RESTRICT THE IMPLEMENT- ATIOWOF CERTAIN CONDITIONAL PRINCIPAL, USES IN R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL ZON- ING DISTRICTS; AND SECTION 2502, TO AMEND AND CLARIFY CERTAIN DEFINITIONS RELATED TO THE AFOREMENTIONED CONDITIONAL USES;_ CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND - PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be inspected .by the public at the Office of the I'aCity Clerk, 3500 Pan-American Drive, Miami, Florida, Monday through 1 Friday, excluding holidays, between thehoursof 8 a.m. and 5 p.m. 1 I' ' DI WALTER J. FOEMAN CITY CLERK. , R,{ii4653) 4/8 _ _-____ • ' 97-4-040802M