HomeMy WebLinkAboutO-10974J-91-681
9/30/91
ORDINANCE NO. 0 9 7 4
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED THE ZONING
ORDINANCE 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 2947-
49 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN), AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
42 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of
September 16, 1991, Item No. 2, following an advertised hearing,
duly adopted Resolution No. ZB 48-91 by a nine to zero (9-0)
vote, RECOMMENDING DENIAL of a change of zoning classification,
as set forth herein; and
WHEREAS, notwithstanding the recommendation of the Zoning
Board, 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 set forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Zoning Atlas contained in Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is hereby amended by changing the zoning classification
from R-2 Two Family Residential to C-1 Restricted Commercial for
the property located at 2947-49 Southwest 22nd Terrace, Miami,
Florida, also described as Lot 30, Block 2, MIAMI SUBURBAN ACRES
AMD., as recorded in Plat Book 4 at Page 73 of the Public Records
of Dade County, Florida.
Section 3. 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;
10974
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(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 values 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 as contrasted with protection of the
public welfare.
Section 4. Page No. 42 of the Zoning Atlas, made a part
of Ordinance No. 11000, as amended, is hereby amended to reflect
the changes made necessary by this amendment.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this 5th day of
December , 1991.
10974
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 30th day of Apri 1 , 1992.
ATT ST-
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
v QUI44 AN
ACTING CI
GMM/rma/q I
As, III -
ATTORNEY
/M836
XAVIER SUAREZ, MAYOR
10974
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7!!NING =AC- ;1
Pz=8
LOCATION;LEGAL 2947-49 SW 22nd :'errace
Lot 30
Block 2
MIAMI SUBURBAN ACRES AKD (4-73)
APPLICANT/OWNER
Luis i Raul Galindo
1040 SW 1st St=eet
Miami, Florida 33130-1094
A Vicky Leiva. Esquire
201 So Biscayne Blvd
Miami, Florida 33131
Phone 371-8385
ZONING R-2 Two Family Residential
REQUEST Change of Zoning classification
as listed in the Official Zoning
Atlas of Ordinance 11000, as
amended, the Zoning Ordinance of
the City of Miami, from R-2 to
C-1 Restricted CommercLal.
RECOMMENDATIONS
2zaj". The proposed
change is in conflict with
the adopted Miami
Comprehensive Neighborhood
Plan 1989-2000, and would
require a Plan amendment.
The proposed change is
contrary to the established
land use pattern. There is
no need for additional
commercial zoninq in the
subject area. The proposed
change would allow the
extension of an
incompatible use into a
residential neighborhood,
and is contrary to the
policy established by the
City Commission in 1989
when it rejected a parking
overlay district in favor
of retaining residential
use on the north side of
S.W. 22 Terrace.
No Comment.
10974
No Comment.
ZONING 30A.RD At its meeting of September 5, 1991. the
Zoning Board adopted Resolution ZB 48-91,
by a 9-0 vote. recommending denial of the
Eight replies AGAINST and one in FAVOR
were received by mail.
CITY COMMISSION At its meeting of October 24, 1991, the
City Commission continued the above.
At its meeting of December 5, 1991, the City
Commission passed the above on First Reading.
10974
2
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MW 1989-2000
N Approz: 2947-49 S.W.
22nd Terrace
Iron: mmIum Dens i r
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f 1097
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APPLICATION FOR AMENDMENT TO ZONING ATLAS File Numoer ZA-83-
1, _RLOS C . LOPEZ -AGUTAR , herecy apply to the City Commis-
sion of the City of miarnc for on amendment to the toning Atlas of the City of Miami as
more particuioriy aescribea herein and, in support of that request, furnish the following
information:
I. Address of property 2947-49SW 2.2nd Terrace, Miami, Florida
2. Two surveys, prepared by a State of Florida Registered Lord Surveyor. (Attach to
appitcattom
3. Affidavit disciosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to appiication).
X 4. Certified list of owners of real estate within 37.7 radius from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
appitcattomi
S. At lewt two photographs that show the entire property (land and improvements).
1
X 6. Atlas sheet(s) on which property appears SHEET 42
o rby ESt�K0T�kL
X 7. Present Zoning Designation R- 2 s"den -
� �,_i t � 11
X 8. Proposed Zoning Designation C -1(rc �' c oinme r c i a 1)
X 9. Statement explaining why present zoning designation is inappropriate. (Attach to
_ appttcaaotu
X 10. Statement as to why proposed Zoning designation is appropriate. (Attach to appii-
catton)
nl 1. Other (Spectfy)
x 12. ding Fee of 5 1, 4 0 0.0 0 according to following schedule: 10974
(a) To: RS-1, RS-1.1, RS-2, S 0.12 per sq.ft. of net lot area,minimim
RG-1, PD-H, PD-HC, $550.00
(b) To: RG-2, RG-2.1, $ 0.14 per sq.ft. of net lot area,minimum
RG-2.3, 110-19 $600.00
R0-2.1
(c) To: RG-2.2, RG-3 S 0.16 per sq.ft. of net'lot area,minimum
110-3 $650.00
(d) To: CR-1, CR-2, $ 0.20 per sq . ft . of net lot area,ri ni mum
CR-3, 0-1, CC-1, $750.00
CC-29 WF49 WF-R,
I-1,1-2; SPI-1,2,S,7,
8,9,11,12
(e) To: C30-1, SPI-o $ 0.22 per sq . ft . of net lot area,mi ni mum
$850.00
(f) For any change in a sector number only, for a particuier districT ciassifica-
tion, the fee snail be the some as for a change in its districT ciassification, cs
shown in (b) through (e) above.
Signature
_#
Name CAR OS
Addressl 0 4 0 S
MIA 717,
Phone 05
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
CARLOS C. LOPEZ-AGUTAR
says mot ne is the VA)yMk(AuTnorizea Agent for tw
answer to question #I, above; that he has read the fc
true and complete; and (if acting as agent for owner
petition on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this 5th day
of June 19&91
MY COMMISSION EXPIRES:
Form 25-83
. ,LOPEZ "A�AUTAR
FI ST STREET
L IDA 33130-1094
being duly sworn, deposes and
701 the reoi property described in
=hr=ity
d that the same are
to execute this
NOTARY PUBLIC. STATE OF FLORIDA:
IRES: DEC. 20, 1991d
SONO[O TNIRY NOTARY PUB61C NOLRWRITLRSA
oriaa ai I_ary=
Y09747
?efare m.e. -.no %rae.m pec autr-Crt., , _..;5 :xjr Pes�nal=�
appears CARL' P=_ ACUTAR who ce_i :r ne _`4—
lj= oatn, deposes arm Says:
1. hat he is the owner, or the legal representative cf ,::e
owner, submdtting the accorarryzrg application for a publ c :near-_-& as
required by cvdinance No. 9500 of the Code of the City of Miam . ?1c--:a .
effec:ir4 the real property located in the City of Miami as described am
Lsled on the pages VtUcnad to this affidavit and :ads a par. there-cf.
2. That all owners which he represents. :f any, have giver
full and camp�i.ets percLum i for him to act in thy behaL for the crAnge
or modification of a dassifieatlaei or resulatim of zordm as set enz ---4
the accc�partyir� peti.tioa.
3. That the paps attached hereto and made a pan of this
affidavit camAin the asrrcrc mores, m l l i m addresses. phwA ru=v--�s and
lapl descriptima for the real prepmT which he is the owner or legal
representative.
4. Ma facts as mpresaer ad in the appliculm and dcc=cros
aul>aitted in im with this affidavit are Cove and correct.
n
?=%hw Af. is = saysth not.
(SEAL
Shorn to and Subscr bed before m
thin .. 5 thdmy aCyV,
. State of ravIda at I am
CARLOS (�L ��Z Z. I.4R
I
NorAan rWNC. 5TAT9 OF KORIDA.
M�irnM iw u .06iM weiiwriw�i
10974
y
Owner's Name LUIS G.ALrNDO
!tailing Access -`o Carlos C. Looe:-Aeuiar, P..A.
"eltencne 4umoer 305) 545--668
_egai :escr,:.icn:
Lot 30, Block .AMENDED PLAT OF %(I.AMI SUBURBAN .ACRES, ac_:) to the Plat thereof, as recorded in Plat Book 4,.at Page -
the Public Records of Dade County, Florida a/k/a 291--.:9 �v
Terrace, Miami, Florida
Owner's Name RAUL GALINDO
Mailing Address c/o Carlos C. Lopez-A¢uiar, P.A.. 1040 SW First Street
Miami, Florida 33130-1094
Telepnone Number (305) 545-'668
Legal Description:
Lot 30, Block 2, AMENDED PLAT OF WIAMI SUBURBAN ACRES, 3ccc'r�
.to the Plat thereof, as recorded in Plat Book 4, at Page
Public Records of Dade County, Florida a/k/a 294'-49 5W =:1,
Terrace, Miami, Florida.
Owner's NOW
Mailing Address
Telepnone Nummer
Legal Description:
Any other real estate orooerty owned individually, jointly, or severally
(by corporation. partnership or privately) within 375' of the suoject
site is listed as follows:
Street Address
2940 Coral Way
Miami, Florida
Street Address
Street Address
Legal Description
Lots 5 and 6. Iess the North 35 feet,
Block 2. AMENDED PLAT OF ` T AMT SUBURB A,
ACRES, PB 4/73, Dade County, Florida
Legal Description
Le441 Destriotiln
109"7ZI
0L9C:z= CF CWHERS82P
1. regal description and street address of suclect real property:
Lot 30, Block 2, .AMENDED PLAT OF `tIAuI SUBURBAN ACRES,
to the Plat thereof, as recorded in Plat Book 4, at Pace "
of the Public Records of Dade County, Florida.
a/k/a 294'-49 SW -'End Terrace, Miami, Florida.
2. Owner(s) of subject real property and percentage of ownersnip.
_: City of Kiasi Ordinar:ce No. i419 requires disclosure of all part -,es, e
Tivinq a financial interest, either direct or indirect, in the suoject
matter of a presentation, request or petition to the City Commission.
Accordingly, question ►2 requires disclosure of all shareholders of
aacporetians, bsnaficiaria of trusts, and/CC any orlur urterestld parties,
to*mner :with their addresses and propor tionat! interest.
LUIS GALINDO and RAUL GALINDO - 1001
c/o Carlos C. Looez-Aguiar, P.A.
1040 514 FIRST STREET
MIAMI, FLORIDA 33130-1094
..�A,dtiC f (N <ZAA01.CI,/ 1617/�//
3. Legal. description acid screen address of any real property (a)
owned by any pasty listed in !ewer to qusstiaet 02, and (b) loastad within
175 feet of the sublom real pcoparey.
Lots S and 6 less the North 35 feet, Block 2,
AMENDED PLAT OF MIAMI SUBURBAN ACRES, according
to the Plat thereof, as recorded in Plat Book 4, at Page
73, of the Public Records of Dade County, Florida.
a/k/a 2940 Coral Way, Miami, Florida.
CARLOS C. LOPEZ;AtUTAR
CARLOS C. LOPEZ-AGUTAR balMduly sot, dogass and
says that ne is the ( tined t ctorney or Owne!) of the read property
described in an0ftC to question •1, abase trait he ha• read the fategoinq
!ewers and that tts seer are tra add ( =91stet sd f ar attotrtsy
for owner) that he has authority to ex�ee ;f at Ownership
fact an ooh&Lf of the owner. /'
CARLOS rTT7PEZ-AGUTAR
SWOM TO AND scaloum
before IN this 5 t h r
109'74
/D
A
STAZ'S OF FLGR=A SS:
COMM OF MADE )
CARLOS C. LOPE:-ACUTAR osing duly swr.., deposes and
says tz t ne 1 tae My appourtao ajrnev 'reoresentat,. eu LUTS -'I ":-
the owner of the real property cescrioea :n answer to question f_, aoove,
chat ne nas read the formpusq answers; tot the same are true and CVr-
plete: and that ne has the authority to etecute this Disclosure of Owner -
snip form on oenalf of the owner.
900W TO ADD SL25CPJM
oetore me this 5 t h
day of June -i" 91
?a CQMiMC N DQlm s
NOtit}► Leo Cite
Flac3+da at Lu"
NOTAW Pusue. STATT Or PLOW&
MT COMMIMON L></ N". 69L A& 1"&
ee W wuw m"Mm ►%GW4 vwNa�rM•e�a
(SEAL)
®.e7 7 1
June 5, 1991
City of Miami
Planning and Zoning Board
Administraton Department
P.O.1Box 330708
Miami, FL 33133
CANTCLO/ 9UILOING • MIST RLOON
1040 SGUT"CST VMS? STWt[T
MIAMI. /LOAIOA 33130
T9L9/NGN4L (30S) SAS-7666
RACSIMIL[: (300) 324-01 S3
Re: Application for Amendment to Zoning Atlas
Lot 30, Block 2, AMENDED PLAT OF MIAMI SURUBBAN ACRES,
PB 4/73, Dade County, Florida
Gentlemen:
The undersigned represents RAUL GALINDO and LUIS GALINDO in
connection with their application to amend the zoning atlas
of their above -referenced property. In connection with the
attached application for amendment to zoning atlas, please
be advised of our responses to numbers 9 and 10 of the
Application:
AS TO NUMBER 9:
The present zoning (R-2) is inapporpriate because zoning of
a majority of the surrounding property is C-1.
AS TO NUMBER 10:
The proposed zoning (C-1) would bring the property in
conformity with surrounding zoning and would allow
applicants to utilize the property together with their
adjoining business establishing. This business
establishment is directly adjacent to the subject property
and is situate upon property which iq presently zoned C-1.
Sincefely,
IAR, P.A.
Fort theC,Fwl-,UTAR
i0974on--,
CITY OF MIA1,11, FLORIDA
INTER -OFFICE rAEMORA14DUNI
EO Teresita Fernandez
Chief, Hearing Boards Div.
Planning, Buil ing & Zoning
EnoM Irma M. Abella
Assistant City Attorney
DAIE March 10, 1992 VILE A-91-887
^E"'JE`'T Galindo Covenant and
Opinion of Title
2947-49 S.W. 22nd Terrace
REFERENCES
rtici_osunEs 04,436
As per your telephone request, enclosed is a copy of the
executed Covenant submitted by the applicant on the above -
referenced matter. This Covenant has received the Law
Department's approval, however, we have not, as of this date,
received an acceptable Opinion of Title which as you know, is one
of our standard requirements when a Covenant is involved. I will
keep you informed as to the status of this matter.
IMA/bjr
cc:
Sergio Rodriguez
Assistant City Manager
Guillermo E. Olmedillo
Deputy Director, Planning, Building & Zoning
Joseph Genuardi
Zoning Administrator
James J. Kay, Assistant Director
Public Works Dept.
G. Miriam Maer
Chief Assistant City Attorney —.
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19974
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(T.i of �Hinnti
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,��"�
A. QUINN ]ONES, Ili ; (305): 579-6700
City Attorney r - Telecopier: (3Q5) 579-3399
March 10,
•.a
A. Vicky Leiva, Esquire-ja#f4a
FERRELL, CARDENAS, FERTEL & MORALES ) -
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131 ,•.� go �o
Re: Galindo Covenant and Opinion of Title
2947-49 Southwest 22nd Terrace
Our File No. A-91-887
Dear Vicky:
I have reviewed the Opinion of Title enclosed with your
letter of Februar 28, 1992 on the above -referenced matter and
find it nacce a 1 due to the language used to indicate the
period covered by the Chicago Title Ins. Co. policy. The
unacceptable language reads as follows. -
..."(which purports to cover title from the
point of beginning to December 18, 1991)"...
Enclosed is a copy of the Opinion of Title used by Dade
County, which I am sure you have had to work with before,
containing language which would be acceptable to us.
If you have any questions, do not hesitate to call me.
Sincerely,,,
Irma M. Abella
M005/IMA/bjr Assistant City Attorney
cc: Sergio Rodriguez, Assistant City Manager
Guillermo E. Olemdillo, Deputy Director
Planning, Building & Zoning Dept.
Teresita Fernandez, Chief, Hearing Boards Div.
Planning, Building & Zoning Dept.
Joseph Genuardi, Zoning Administrator
James J. Kay, Assistant Director
Public works Dept. 10974
G. Miriam Maer, Chief Assistant City Attorney
/ /-/- /
l
To: DARE COUNTY BUILDING & ZONING DEPARTMENT
With the understanding that this Opinion of Title is
furnished to Dade County Building & Zoning and Planning
Departments, Florida, as inducement for acceptance of a
Declaration for Use/Unity of Title/Development Agreement, or
other type of recordable agreement, covering the real property
hereinafter described, it is hereby certified that I have
examined a complete abstract of Title covering the period from
the beginning to day of 19
A.M., inclusive, of the following described real property:
I am of the opinion that on the last mentioned date, the fee
simple title to the above -described real property was vested in:
Subject to the following encumbrances, liens and other
exceptions:
MEEffKQeT;TPT4-sW,F3R:. OPMetemo tw7abMEW al • ;I AUUM
Therefore, it is my opinion that the following party must
join in the agreement in order to make the agreement a valid and
binding covenant on the lands described herein.
/J 109'74
CCC/er
,�,Rq �s
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Cove.-,_nnts (the "Declaration")
made this IF day of �R1/R�2Y, 1992, by Raul and Luis Galindo
(the "Owners"), in favor of the City of Miami, Florida, a
municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, the Owners hold Fee -simple title to certain property
in the City of Miami, Florida, located at 2947-49 S.W. 22nd
Terrace, Miami, Dade County, Florida, and legally described as Lot
30, less the South eleven (11) feet thereof, in Block 2, of AMENDED
PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as
recorded in Plat Book 4, at Page 73 of the Public Records of Dade
County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants before the City
of Miami City Commission for a change of zoning classification in
the official Zoning Atlas of the City of Miami, from Duplex
Residential to Restricted Commercial for the above -described
Property, (the "Change of Zoning Classification"); and
WHEREAS, the Owners are desirous of making a binding
commitment to assure that the Property shall be developed in
accordance with the provisions of this Declaration;
NOW THEREFORE, the Owners voluntarily covenant and agree that
the Property shall be subject to the following restrictions that
are intended and shall be deemed to be covenants running with the
land binding upon the Owners of the Property, and their successors
and assigns as follows:
Prepared by:
A. Vicky Leiva, Esq.
Ferrell, Cardenas, Fertel & Morales o 4
1920 Miami Center
201 South Biscayne Boulevard
- - Miami -,--Florida 33131
/ Phone: (305) 371-8585 /
A. The recitals and findings set forth in the preamble to
this Declaration are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
B. Landscape Buffer and Wall. Prior to :.he issuance of
any building permits on the Property, owners shall obtain approval
Hof a landscape plan (the "Landscape Plan") from the City of Miami
Planning, Building and Zoning Department which Landscape Plan shall
reflect a twenty (20) foot wide landscaped buffer (the "Buffer")
along the entire southern boundary of the Property adjacent to and
along S.W. 22nd Terrace. The Buffer shall contain landscaping (the
"Landscaping") inclined towards an eight foot high masonry wall
(the "Wall") which Owners shall construct at the northern boundary
of the Buffer, as well as on the property line at the eastern and
western boundaries of the property. The Landscaping shall be
installed,in conformity with the Landscape Plan. The Owners, their
heirs or assigns, shall be responsible for the permanent
maintenance of the Landscaping. Maintenance shall include, but not
be limited to, removal of any grafitti from the Wall and care for
all Landscaping within the Buffer. The Owners further agree that,
if it becomes necessary for the City, at the City's discretion, to
maintain said Wall and Landscaping due to the Owners' failure to do
so, any reasonable maintenance costs, for an amount not to exceed
Five Thousand Dollars ($5,000.00) per year, shall be paid by the
owners. The construction of the Wall and the installation of the
Landscaping shall be completed within ninety (90) days from the
final approval of the Change of Zoning Classification.
C. vehicular Access Limitation. No vehicular access for
ingress or egress shall be permitted to or from the Property, to or
from S.W. 22nd Terrace.
D. performance Bond. Prior to the issuance of any building
permits on the Property, the Owners shall post a Five Thousand
($5,000.00) Dollars Performance Bond (the "Bond"), in a form
acceptable to the City Attorney of the City of Miami, for a period
of five (5) years from the date of this instrument's recordation in
� 1 10974i �
the Public Records of Dade County, which Bond shall be forfeited to
the City of Miami if any of the conditions herein contained are
breached by the Owner during said 5-year period of time.
E. Effective Date. If the City Commission of the City of
Miami approves the Owners' pending Change of Zoning Classification,
and after said approval has become final and non -appealable, this
instrument shall constitute a covenant running with the title to
the Property and be binding upon the Owners, their successors and
assigns. These restrictions shall be for the benefit of and
i
limitation upon all pressnt and future owners of the Property and
for the public welfare.
F. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property by
a written instrument executed by the then owners of the fee simple
title to the land to be affected by such modification, amendment or
release providing that same has been approved by the City of Miami
Commission after public hearing, which public hearing shall be
applied for and at the expense of the Owners. Should this
instrument be so modified, amended or released, the Director of the
City's Planning, Building and Zoning Department or his successor,
shall execute a written instrument in recordable form effectuating
and acknowledging such modification, amendment or release.
G. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
binding upon the Owners, their successors and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter unless
modified, amended or release prior to the expiration thereof.
H. T_nsnection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the right
at any time during normal working hours of entering and
investigating the use of the Property to determine whether the
conditions of. this Declaration and the requirements of the City's
109 74 ��
building and zoning regulations are being complied with. An
enforcement action may be brought by the City or by any property
owner within 375 feet of the Property and may be by action at law
or in equity against any party or person violating or attempting to
violate any covenants of this Declaration, or provisions of the
building and zoning regulations, either to restrain vidlations or
to recover damages. The prevailing party in the action or suit
shall be entitled to recover costs and reasonable attorneys fees.
This enforcement provision shall be in addition to any other
remedies available under the law.
I. Severability. Invalidation of any one of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration, which shall remain in full force and effect.
J. Recordina. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of 19�Z.
Witnesses:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me, the undersigned authority, persona ll appeared RAUL
GAL;F,DO, who acknowledged on this � day of
19 -L, that he executed the foregoing instrument for th purposes
expressed therein.
to of Florida
My Commission Expires:
�j 10974
Witnesses:
STATE OF FLORIDA )
SS:
COUNTY OF DADE
INIP
Before me, the undersigned autho ity, personal y appeared LUIS
GALINDO, who acknowledged on this j day of Fe
1911,,�,, that he executed the foregoing instrument for thLVpurposes
expressed therein.
�,"te of Florida
My Commission Expires:
10974
C 5?
Cni#� nf �3_Rittxnt
A. QUINN (ONES, III
City Attorney
February 19, 1992
A. Vicky Leiva, Esquire
Ferrell, Cardenas, Fertel & Morales
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131-2305
(305): 579-6700
Telecopier:f3051 579-3399
Re: Galindo Covenant and Opinion of Title
2947-49 S.W. 22nd Terrace
Our File No. A-91-887
Dear Vicky:
I have received your letter of February 19, 1992 on the
above -referenced matter, as well as the Declaration of
Restrictive Covenants and Opinion of Title enclosed therewith.
While the Declaration of Restrictive Covenants is in a form
acceptable to the City Attorney, the Opinion of Title is
unacceptable due to the following:
1. It fails to indicate whether it goes back to the point
of beginning or to other valid root of Title;
2. It needs to cover the period to the date of execution
of the Declaration of Restrictive Covenant.
In addition to the above, I also need a clarification
regarding Special Exception "C", the Final Judgment against Raul
Galindo recorded October 25, 1990 in Official Records Book 14756,
Page 507, Public Records of Dade County, Florida.
109'74
OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 /
A. Vicky Leiva, Esquire
February 19, 1992
Page 2
If you have any questions, do not hesitate to call me.
Sincerely,
Irma M. Abella
Assistant City Attorney
IMA/lb/P763
cc: Sergio Rodriguez
Assistant City Manager
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
James J. Kay
Assistant Director
Public Works Department
Teresita Fernandez, Chief
Hearing Boards Div.
Planning, Building & Zoning
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
G. Miriam Maer, Chief Assistant City Attorney
10974
LAW OFFICES
j" T+'RRR L, CARDENgs, FEnTEL & MORALES
A AAOFESSIONAL ASSOCIATION
SUITE 1920, MIAMI CENTER
201 SOUTH BISCAYNE BOULEVARD
MILTON M. FERRELL, JR. ��,,_• _^
ALBERTO R. CARDENAS +" +, FL08IDA 33131-2308
ALAN K. FERTEL TELEPHONE (303) 371.8585
ALICIA M. MORALES TELECOVItO (305) 371-3732
1
A. VKKr LElva
GUY K. STEWART, JR.
PETER S. KNEZEVICH February 7, 1992
GREGORY A. PREB�SH
Mr. Guillermo Olmedillo
Director of Planning, Building & Zoning
City of Miami
Administration Building
275 N.W. 2nd Street o
Miami, FL 33128 0 -
Dear Guillermo: _
At the very beginning of January, during a _telephone-
conference between Irma Abella, Miriam Maer, yourself and' I. we
discussed the particular recommendations you had in relationsh,ig to
a covenant being developed for the property at 2947-49 S.W. 22nd
Terrace.
As part of that conversation, we discussed the issue of set-
backs at the front of the property and the creation of a 20 foot
landscape buffer. In terms of a buffer on the east and west side,
we discussed that the set -backs of this house are 5 feet from the
property line consistent with Code requirements. Therefore, we can
not do any kind of buffer on the sides of the house other than
place the wall at the property line between properties.
I do believe that you concurred that no buffer would be placed
on the east and west side of the property, the 8 foot high concrete
block wall would be built at the property line, however, since we
did not take notes of that conversation, Irma and I would like to
confirm this with you.
In order to finalize this document which Irma would like to
have in her hands by the 15th of February, we would need your input
once again. If you concur with the above paragraph, please so
acknowledge by signing below.
I thank you in advance for your cooperation in this matter, if
you have any questions, call me.
and ,
A. Vicky
7Le' a
AVL/mq
8239
cc: Irma Abella, Asst. City Attorney 10 97 4
Al Cardenas
c)-3
Chi#g of �tantt
Ot
A. QUINN JONES, III
City Attorney —
February 3, 1992
A. Vicky Leiva, Esq.
Ferrell, Cardenas, Fertel & Morales
201 South Biscayne Boulevard, Suite 1920
Miami, Florida 33131-2305
Re: Galindo Covenant, (the "Covenant")
2947-49 S. W. 22 Terrace
Our File No. A-91-887
Dear Vicky:
(305): 579-6700
Telecopier:(305) 579-3399
Enclosed are copies of James J. Kay's memorandum of
January 30, 1992 on the above -referenced matter, and of the
latest draft of the Covenant which incorporates the legal
description of the property provided by Mr. Kay and the
suggestions and comments of the various departments involved in
the review of said Covenant.
Due to the fact that the confusion regarding the legal
description of the property caused you to be unable to deliver
the executed Covenant and supporting documents to me by their due
date of January 20, 1992, I am extending the deadline for
delivery of said documents to February 15, 1992. Please provide
us with an executed Covenant incorporating all of the suggested
changes, an Opinion of Title in a form acceptable.,to the City
Attorney and joinders by all mortgagees on n or t' before
February 15, 1992. ?c�
r+i ca _.c
If you have any questions, do not hesitate to call m�. ?o
Sincerely, a T
n
Irma M. Abella
Assistant City Attorney
109'74
cFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 /
A. Vicky Leiva, Esq.
Re: Galindo Covenant, (The "Covenant")
2947-49 S. W. 22 Terrace
Our File No. A-91-887
February 3, 1992
Page 2
AQJ/rcl/P097
enclosures
cc: Sergio Rodriguez
Assistant City Manager/Director
Planning, Building & Zoning Department
Guillermo Olmedillo
Deputy Director
Planning, Building & Zoning Department
James J. Kay
Assistant Director/Design Division
Department of Public Works
Teresita Fernandez, Chief
Hearing Boards Section
Planning, Building & Zoning Department
Joseph Genuardi
Zoning Administrator
Planning, Building & Zoning Department
G. Miriam Maer
Chief Assistant City Attorney
Zoning/Development Division
City Attorney's Office
109'74
96 -1)
J , N
•
C11 Y OF MIAMI, FLORICIA
INTER-OfFiCE MEMORANDUM.
ro . Irma Abell& nATE . January 30, 1992 FILE
AasixLant City At orney
;James
SwUECT Galindo Covenant
2947-49 S.W. 22 Terrace
FPOU J . Kay REFERENCeS
Asistant DirectolL of
Pub 11 c Wu rk s ENCILcounES
The legal descri tion for the subject property as stated iri the
applicant's Warr my Deed for the property is as follows:
"Lot 30 1e s the South 5 feet in Block 2 of Amended
Plat of hi mi Suburban Acres, according to the Plat
thereof, as recorded in Plat Book 14, at Page 73 of the
Public Reco ds of Dade County, Florida."
If a part of th'e southerly portion of Lot 30 is to •rotain its
current resident al zoning, then reference should be made in the
covenant to the outh eleven (11) feet of Lot 30 since the south
ten (10) feet of the lot ure reserved for right of way purposes.
JJK:mw
10974
.21-,
C�t#v of Maxi
A. JOKES, III City A �\ w`�',
City Attorney ,.•.
`. o it
December 3, 1991
Alberto R. Cardenas
Ferrell, Cardenas, Fertel & Morales
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131-2305
Re: Zoning Covenant
Raul and Luis Galindo
49 S.W. 22nd Terrace
ZR4-� City -Commission Meeting of
December 5, 1991
Our File No. A-91-887
Dear Mr. Cardenas:
(305): 579-6100
Telecopier. (305) 579-3399
This is to confirm and memorialize G. Miriam Maer's, Chief
Assistant City Attorney, telephone conversation of December 2,
1991 with you regarding the covenant submitted by your firm and
received in our office on December 2, 1991 on the above -
referenced matter.
Since the aforementioned covenant is not in a form
acceptable to the City Attorney, and is not accompanied by the
requisite Opinion of Title and joinders by all mortgagees, rather
than require that- your firm comply with all the requirements
prior to this Thursday's City Commission meeting, we have agreed
to allow this item to be heard as scheduled, conditioned upon
your submittal of all the required documents, executed and in a
109'74
�7
OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 331-1
Alberto A. Cardenas, Esquire
December 3, 1991
Page 2
form acceptable to the City Attorney, within thirty (30) days
from the City Commission meeting of December 5, 1991 (i.e.,
January 4, 1992).
If you have any questions, do not hesitate to call me.
Sincerely,
Irma M. Abella
Assistant City Attorney
IMA/lb/P692
cc: '.A. Quinn Jones, III
r,ity Attorney
Sergio Rodriguez, Assistant City Manager
Guillermo E. Olmedillo, Deputy Director
Planning, Building & Zoning
Joseph Genuardi, Zoning Administrator
Planning, Building & Zoning
- Gloria Fox, Chief, Hearing Boards Div.
Planning, Building & Zoning
James J. Kay, Assistant Director
Public Works Department
G. Miriam Maer, Chief Assistant City Attorney
A. Vicky Leiva, Esquire
10974
�r,
a
MIAMI 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 Super-
visor of Legal Advertising of the 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. 10974
x x x
Inthe ......................................... Court,
was published In said newspaper in the issues of
May 7, 1992
Affiant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
and that the sold 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 oneqfear next precedingtM firet publication of the attached cop ertisement endaffiant further says that she has neat ar promised any
person, fi or corporation any o t,te, commission
or refu f"oWnthe Durooss of s rl thvartiaament fnr
swo bscGW before me this
K e
i
7th day of .. .. ��...., A.D. 19..92..
"nr r * ��
I NOTARY SEAL' ............
%O` Lj WSTINA INGELM9
MY C". EXP. 4/5/95
Octelme V. Ferbeyre personally known to me.
(SEE ATTACHED)
C`?
Co
war—
CITY OF MIAMI, FLORIDA
LEGAL NOTICE
All Interested persons will take notice that on the 30th day of
April, 1992, the Clty Commission of Miami, Florida, adopted the
following titled ordinances:
ORDINANCE NO.109N
AN ORDINANCE AMENDING THE FUTURE LAND USE
.MAP OF ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
19W2000, FOR THE PROPERTY LOCATED AT APPROXI-
MATELY 351 NORTHWEST 5TH STREET, MIAMI, FLOR-
IDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE LAND USE DESIGNATION OF THE SUB,
JECT'PROPERTY FROM HIGH DENSITY MULTI -FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY
OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABIL-
ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.10970
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-4
MULTI -FAMILY HIGH DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL, FOR THE PROPERTY
LOCATED AT 351 NORTHWEST 5 STREET, MIAMI, FLOR-
IDA (MORE PARTICULARLY DESCRIBED HEREIN); AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 36 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10971
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF ORDINANCE NO, 10544, AS AMENDED, THE
MIAMI 'COMPREHENSIVE NEIGHBORHOOD PLAN
1989.2000, FOR THE PROPERTY LOCATED AT APPROXI.
MATELY 4370.46M NORTHWEST 7TH STREET, (SOUTH
SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE LAND USE
DESIGNATION OF THE SUBJECT PROPERTY FROM
MEDIUM -DENSITY MULTI -FAMILY RESIDENTIAL TO
OFFICE; BY MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO
AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE;'AND
PROVIDING FOR AN EFFECTIVE.DATE.
ORDINANCE NO.10972
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 4370.4850
NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN),
FORM83 MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL
TO 0-OFFICE; BY MAKING FINDINGS; BY MAKING ALL
NECESSARY CHANGES ON PAGE NO. 32 OF SAID
ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND;PROVIDING, AN
, EFFECTIVE: DATE. . � . 7
ORDINANCE NO.10973
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1989.2000, FOR THE PROPERTY LOCATED AT APPROXI-
MATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE LAND USE DESIGNATION OF THE
SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES: CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE: AND
PROVING FOR AN EFFECTIVE DATE.
ORDINANCE NO.10974
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-2
TWO FAMILY -RESIDENTIAL TO C-1 RESTRICTED COM-
MERCIAL FOR THE PROPERTY LOCATED AT 294749
SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO, 42. OF
SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10976
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE' CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-2
TWO FAMILY RESIDENTIAL TO R-2 TWO FAMILY REST.
DENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY
DISTRICT, FOR THE PROPERTY LOCATED AT 2340
SOUTHWEST 32NDAVENUE, =4 AND 3232 SOUTHWEST
23M STREET,3217 AND 3219.3221 SOUTHWEST 23RD
TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY
ESEARY vt*mees ON -PAGE 140. 42 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.. ' .
ORDINANCE NO. 10976
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
140. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE
4,ZONING DISTRICTS, SECTION 401, SCHEDULE OF DIS.
TRICT REGULATIONS TO ADD, CLARIFY, OR DELETE
CERTAIN USES IN SEVERAL DISTRICTS, TO AMEND SET.
BACK REQUIREMENTS, MINIMUM LOT WIDTHS -AND
MINIMUM: LOT SIZES FOR THE INDUSTRIAL DISTRICT,
AND PARKING REGULATIONS FOR LODGINGS; ARTICLE
9, SECTION 906.9- TO CORRECT A' TYPOGRAPHICAL
ERROR; SECTION 908.8.1 TO ALLOW BARBED _ WIRE
A ONG TOPS OF FENCES WITH A CLASS It SPECIAL
PERMIT; SECTION 908.9 TO ADD WIDTH REQUIREMENTS
AND LIMITATIONS FOR WATERFRONT YARD AREAS:
SECTION 915.3 TO ADD HEIGHT REQUIREMENT FOR
BROADCASTING TOWERS; SECTION 917A TO PROHIBIT
VEHICULAR, ACCESSFORNONRESIDENTIAL USES
THROUGH RESIDENTIAL PROPERTIES; SECTION 925.3.9
TO ADD PROVISION FOR BALLOON SIGNS ASSOCIATED
WITH SPECIAL EVENTS; ARTICLE 13, SECTIONS 13DI.2,
1304.2 AND 1305 TO CLARIFY VAGUE LANGUAGE; ARTI-
CLE 17, SECTION 1701 TO CLARIFY CRITERIA FOR A
PHASED MAJOR USE SPECIAL PERMIT; SECTION 1702.3
TO CLARIFY VAGUE LANGUAGE; ARTICLE 25, SECTION
2502 TO ADD DEFINITIONS FOR AUTO CARE SERVICE
CENTERS, BANQUET HALLS, PHASED PROJECTS, AND
VETERINARY CLINICS; AND TO CLARIFY DEFINITIONS
FOR ANIMAL CLINICS, LOTS; AND YARDS, OTHER YARDS
ADJACENT TO STREETS; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE NO.109"
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE
6, ZONING DISTRICTS, SECTION 601, D9-1 MARTIN
LUTHER KING BOULEVARD COMMERCIAL DISTRICT, TO
ADD REFERENCES TO C-1; SECTION 605, DS-5
BRICKELL AVENUE AREA OFFICE'RESIDENTIAL
DISTRICT, SUBSECTION 605.1, TO CLARIFY THE INTENT
STATEMENT, SUBSECTION 605.3, TO CLARIFY LAN=
GUAGE, SUBSECTION 605.4, TO ADD AND CLARIFY
PERMITTED AND CONDITIONAL PRINCIPAL USES AND
REQUIREMENTS, SUBSECTION 605.5, ACCESSORY USES
AND STRUCTURES,_ TO CLARIFY LANGUAGE, SUBSEC. "
TION 605.8., TO DELETE REFERENCES TO URBAN
PLAZAS AND CLARIFY LANGUAGE; SECTION 006, SD-6
AND SD-6.1 CENTRAL COMMERCIAL RESIDENTIAL DIS-
TRICTS, SUBSECTION W6.1, INTENT TO CLARIFY LAW
GUAGE, SUBSECTION 606.7., FLOOR AREA LIMITATIONS,
TO CLARIFY LANGUAGE, SUBSECTION 606.6., TO CLAR-
IFY LANGUAGE REGARDING OPEN SPACE REQUIRE-
MENTS; SECTION 007, SD-7 CENTRAL BRICKELL RAPID
TRANSIT COMMERCIAL RESIDENTIAL DISTRICT,
SUBSECTION 807.01, INTENT, TO CLARIFY LANGUAGE,
SUBSECTION 607.3 TO CLARIFY LANGUAGE, SUBSEC
TION 607.4., TO ADD, CLARIFY AND DELETE USES SPE.
CIFIC USES, SUBSECTION 607.8.3., TO DELETE
REFERENCES TO URBAN PLAZAS AND CLARIFY SPE-
CIAL REQUIREMENTS FOR THEATERS; SECTION 613,
SD-13 S.W. 27TH AVENUE GATEWAY DISTRICT, NEW SU&
SECTION 613.5., TO ADD PERMITTED AND CONDITIONAL
ACCESSORY USES AS FOR R-1; SECTION 614, SO.13 S.W.
27TH AVENUE GATEWAY DISTRICT. NEW SUBSECTION
613.5., TO ADD PERMITTED AND CONDITIONAL ACCM
SORY USES AS FOR R-1; SECTION 614, SD-14, 14.1, 1.4.2:
LAT►N QUARTER COMMERCIAL -RESIDENTIAL AND RES-
IDENTIAL DISTRICTS, SUBSECTION 614.3.2,TO DELETE
VAGUE LANGUAGE AND SUBSECTION 614.3.8., TO ADD
PROVISIONS FOR GROUND OR FREE STANDING GAS,
STATION SIGNS; SECTION 616, SD-16, 16.1, 18.2- SOUTH-
EAST" OVERTOWN-PARK WEST COMMERCIAL -
RESIDENTIAL DISTRICTS, TO ADD CHILD AND ADULT
DAYCARE CENTERS; AND SECTION 618, SD-18: MINIMUM
LOT SIZE DISTRICT, TO CLARIFY NAME AND OVERLAY
STATUS OF DISTRICT. -.
ORDINANCE.NO- 1097a
AN ORDINANCE AMENDING THE FUTURE LAND USE
MAP OF ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAIN
1989.2000, FOR THE PROPERTY BEHIND APPROXI-
MATELY 5918.5922 NORTHEAST 2ND AVENUE, MIAMI;
FLORIDA-JMORE PARTICULARLY DESCRIBED HEREIN),
BY CHANGING THE LAND USE DESIGNATION OF THE
SUBJECT PROPERTY FROM MEDIUM DENSITY
MULTIFAMILY- RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL;OF A COPY OF THIS ORDINANCE TO
AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.10979
AN ORDINANCE AMENDING THE ZONING ATLAS .OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-3
MUTLI-FAMILY RESIDENTIAL TO Gt RESTRICTED COM-
MERCIAL, FOR THE PROPERTY LOCATED AT 5918-22
NORTHEAST 2 AVENUE, MIAMI, FLORIDA (MORE
PAFITiCULARLY DESCRIBED HEREIN); AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE 140.13 OF
SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10M
AN EMERGENCY ORDINANCE AMENDING SECTION
62-61, ENTITLED "SCHEDULE OF FEES", OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
ADD A MAXIMUM FEE FOR THE RESUBMITTAL OF
APPLICATIONS FOR VACATION OF PUBLIC RIGHT.OF-
WAY, AND TO DELETE THE PROVISION LIMITING THE
MAXIMUM FEE TO BE CHARGED ANY GOVERNMENTAL
AGENCY OTHER THAN THE CITE OF MIAMI FOR ANY
PUBLIC HEARtNG;'CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10961
AN EMERGENCY ORDINANCE, AMENDING CHAPTER 54.5
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "SUBDIVISION REGULATIONW!, BY
AMENDING SECTION 54.5-7 ENTITLED "SAME -
PROCEDURE -CONFERENCE AND TENTATIVE PLAT", BY
PROVIDING AN EXEMPTION TO GOVERNMENTAL ENTI-
TMSANDA1GENC1E&F90MT#IE MW-Y$ARTNOEEiL4MF—.-..
REQUIRED TO OBTAIN FINAL PLAT APPROVAL BY THE
CITY COMMISSION AFTER APPROVAL OF THE TENTA.
TIVE PLAT BY THE PLAT AND STREET -COMMITTEE;
AMENDING SECTION 54.5-13 ENTITLED "REQUIRED
IMPROVEMENTS", ST PROVIDING A WAIVER OF THE
BOND REQUIREMENT FOR THE REQUIRED IMPROVE-
MENTS FOR GOVERNMENTAL ENTITIES AND AGENCIES;
PROVIDING FOR AN EFECTIVE DATE; AND CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Said ordinances may be inspected by the pubtic at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of B-00 am.
and 5:00 p.m.
MATTY HIRAI
CITY CLERK
G�SY f MIAMI, FLORIDA
AQ'
(0468)
5/7 92.44)50718M .
MILTON M. FERRELL, JR.
ALBERTO R. CARDENAS
ALAN K. FERTEL
ALICIA M. MORALES
A. VICKY LEIVA
GUY K. STEWART, JR.
PETER S. KNEZEVICH
GREGORY A. PREBISH
LAW OFFICES
F p- R . .L, CAEDENAS, FEn= & MoxL- .Es
A PROFESSIONAL ASSOCIATION
SUITE 1920, MIAMI CENTER
201 SOUTH BISCAYNE BOULEVARD
XTAMI, F+LOBIDA 33101-2305
VIA FAX & REGULAR MAEL
Irma M. Abella, Assistant City Attorney
City of Miami
October 2, 1992
TELEPHONE (305) 371-8585
TELECOPI ER (305) 371.5732
Dupont Plaza Center, Suite 300
300 Biscayne Boulevard Way'
Miami, FL 33131
Z
RE: Zoning Covenant - Galindo
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2947-49 S.W. 22nd Terrace
3
Your File No. A-91-887
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Dear Irma:
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Zn
Enclosed please find a copy of the Declaration of Restrictiv
-0venants
hich was
duly recorded on September 28, 1992.
Si erely
A. Vicky Lei
AVL/mq
Enclosure
cc: Joe McManus, Deputy Director
Planning, Building & Zoning
Joseph Genuardi, Zoning Administrator
Matty Hirai, City Clerk
Mr. Luis Galindo
Mr. Orlando Sanchez
Roger A. Bridges, Esq.
Al Cardenas, Esq.
GG �,Nt,�tdn
CIL-
R360717 1992 SEP 28 16:09
FF.1666 Y0716
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration")
;4 made this day of >Foifj�i 96/ S992, by Raul and Luis Galindo
(the "Owners"), in favor of the City of Miami, Florida, a
municipality of the State of Florida (the "City").
W I T N E S S E T H:
WHEREAS, the Owners hold Fee -simple title to certain property
in the City of Miami, Florida, located at 2947-49 S.W. 22nd
Terrace, Miami, Dade County, Florida, and legally described as Lot
30, less the South eleven (11) feet thereof, in Block 2, of AMENDED
PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof, as
recorded in Plat Book 4, at Page 73 of the Public Records of Dade
County, Florida (the "Property"); and
WHEREAS, the Owners are presently applicants before the City
of Miami City Commission for a change of zoning classification in
the Official Zoning Atlas of the City of Miami, from Duplex
Residential to Restricted Commercial for the above -described
Property, (the "Change of Zoning Classification"); and
WHEREAS, the Owners are desirous of making a binding
commitment to assure that the Property shall be developed in
accordance with the provisions of this Declaration;
NOW THEREFORE, the Owners voluntarily covenant and agree that
the Property shall be subject to the following restrictions that
are intended and shall be deemed to be covenants running with the
land binding upon the Owners of the Property, and their successors
and assigns as follows:
Prepared by:
A. Vicky Leiva, Esq.
Ferrell, Cardenas, Fertel & Morales
1920 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
Phone: (305) 371-8585
1
1k
oFF- i 5663c671 T
A. The recitals and findings set forth in the preamble to
this Declaration are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
B. Landscape Buffer and Wall. Prior to the issuance of
any building permits on the Property, Owners shall obtain approval
of a landscape plan (the "Landscape Plan") from the City of Miami
Planning, Building and Zoning Department which Landscape Plan shall
reflect a twenty (20) foot wide landscaped buffer (the "Buffer")
along the entire southern boundary of the Property adjacent to and
along S.W. 22nd Terrace. The Buffer shall contain landscaping (the
"Landscaping") inclined towards an eight foot high masonry wall
(the "Wall") which Owners shall construct at the northern boundary
of the Buffer, as well as on the property line at the eastern and
western boundaries of the property. The Landscaping shall be
installed in conformity with the Landscape Plan. The Owners, their
heirs or assigns, shall be responsible for the permanent
maintenance of the Landscaping. Maintenance shall include, but not
be limited to, removal of any grafitti from the Wall and care for
all Landscaping within the Buffer. The Owners further agree that,
if it becomes necessary for the City, at the City's discretion, to
maintain said Wall and Landscaping due to the Owners' failure to
do so, any reasonable maintenance costs, for an amount not to
exceed Five Thousand Dollars ($5,000.00) per year, shall be paid
by the Owners. The construction of the Wall and the installation
of the Landscaping shall be completed within ninety (90) days from
the final approval of the Change of Zoning Classification.
C. Vehicular Access Limitation. No vehicular access for
ingress or egress shall be permitted to or from the Property, to
or from S.W. 22nd Terrace.
D. Performance Bond. Prior to the issuance of any building
permits on the Property, the Owners shall post a Five Thousand
($5,000.00) Dollars Performance Bond (the "Bond"), in a form
acceptable to the City Attorney of the City of Miami, for a period
of five (5) years from the date of this instrument's recordation
2
0Er. .I 35631-,flT "
in the Public Records of Dade County, which Bond shall be forfeited
to the City of Miami if any of the conditions herein contained are
breached by the Owner during said 5-year period of time.
E. Effective Date. If the City Commission of the City
of Miami approves the Owners' pending Change of Zoning
Classification, and after said approval has become final and non -
appealable, this instrument shall constitute a covenant running
with the title to the Property and be binding upon the Owners,
their successors and assigns. These restrictions shall be for the
benefit of and limitation upon all present and future owners of the
Property and for the public welfare.
F. Amendment and Modification. This instrument may be
modified, amended or released as to any portion of the Property by
a written instrument executed by the then owners of the fee simple
title to the land to be affected by such modification, amendment
or release providing that same has been approved by the City of
Miami Commission after public hearing, which public hearing shall
be applied for and at the expense of the Owners. Should this
instrument be so modified, amended or released, the Director of the
City's Planning, Building and Zoning Department or his successor,
shall execute a written instrument in recordable form effectuating
and acknowledging such modification, amendment or release.
G. Term of Covenant. This voluntary covenant on the part
of the Owners shall remain in full force and effect and shall be
binding upon the Owners, their successors and assigns for an
initial period of thirty (30) years from the date this instrument
is recorded in the public records and shall be automatically
extended for successive periods of ten (10) years thereafter unless
modified, amended or release prior to the expiration thereof.
H. Inspection and Enforcement. It is understood and agreed
that any official inspector of the City of Miami may have the right
at any time during normal working hours of entering and
investigating the use of the Property to determine whether the
conditions of this Declaration and the requirements of the City's
3
Oif. I S663LU7 1
building and zoning regulations are being complied with. An
enforcement action may be brought by the City or by any property
owner within 375 feet of the Property and may be by action at law
or in equity against any party or person violating or attempting
to violate any covenants of this Declaration, or provisions of the
building and zoning regulations, either to restrain violations or
to recover damages. The prevailing party in the action or suit
shall be entitled to recover costs and reasonable attorneys fees.
This enforcement provision shall be in addition to any other
remedies available under the law.
I. Severability. Invalidation of any one of these covenants
by judgment of Court shall not affect any of the other provisions
of this Declaration, which shall remain in full force and effect.
J. Recording. This Declaration shall be filed of record
among the Public Records of Dade County, Florida, at the cost of
the Owners.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this �L-O day of 19
Witnesses:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared RAUL
GALINDO, who acknowledged on this aka day of Sept- �6h r- ,
19_12,, that he executed the foregoing instrument for the. pi�Yps es
expressed therein.
_ t(V cif slqi(Aa.
My Commission Expires: ��'• o , J '
191
4
NEC.15663PC0
Witnesses:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally ap eared LUIS
GALINDO, who acknowledged on this '9 day of Ste-. "X=
19_YL, that he executed the foregoing insr-rumenf for thp,,.purposes
expressed therein. ":'���.`;�'{ r�,;'•,
My Commission Expires:
NO'TAP.Y P?JS17,1C 5TA7r. Cgpl)MMA
A4" CV"-!-i!, ,CIN T_iIRATJG. 7.2,19S5
5
te: o Flo�,idav _-
co
EEODRDED IN Off /CJAI OfCOrrUY SrJW.
OP DADE COUNTY, tjoAjDA.
RECORD VERMED
Gerk of Circuit & county
} Courts