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
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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`
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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 ��
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"_'`
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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