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HomeMy WebLinkAboutM-92-0146r �r J-9 103 1/24 2 ORDINANCE NO. ORDINANCE AMENDING THE ZONING ATLAS OF OR INANCE NO. 11000, AS AMENDED, THE ZONING ORD ANCE OF THE CITY OF MIAMI, FLORIDA, BY CHAN NG THE ZONING CLASSIFICATION FROM R-1 SINGL FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER VERLAY DISTRICT FOR THE PROPERTY LOCATED A 3200-3298 FLORIDA AVENUE, MIAMI, FLORIDA (M E PARTICULARLY DESCRIBED HEREIN); AND BY MAKI G ALL THE NECESSARY CHANGES ON PAGE NO. 42 SAID ZONING ATLAS; CONTAINING A REPEALER P OVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoni g Board, at its meeting of January 13, 1992, Item No. 3, fo owing an advertised hearing, duly adopted Resolution No. ZB 3-92 a six to three (6-3) vote, RECOMMENDING DENIAL of a change of zon ,g classification, as set forth herein; and WHEREAS, notwithstanding the recommenc)�ation of the Zoning Board, the City Commission, after careful con' ideration of this matter, deems it advisable and in the best terest of the general welfare of the City of Miami and its inhabi nts to grant this change of zoning classification as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIbN OF THE CITY OF MIAMI, FLORIDA: �-tjl � -ay �A oT7 C>,j 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-1 Single Family Residential to R-1 Single Family Residential with an SD-12 Special Buffer Overlay District for the property located at 3200-3298 Florida Avenue, Miami, Florida, also described as Tract A, RAINBOW PLAZA, as recorded in Plat Book 117 at Page 88 of the Public Records of Dade County, Florida. Section 3. It is hereby found that this zoning i 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; - 2 - (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; (k) will not adversely affect property 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. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 3 Ll Ll PASSED ON FIRST READING BY TITLE ONLY this day of 1992. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: a, G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: dc'-4�12 "&6 QU J N , I CITY ATTO Y GMM/rma/ 6 1992. XAVIER L. SUAREZ, MAYOR tY1 THE TTENANTS NUT GROW HOMEOWNFRS ASSOCIATION V6 P.O. BOX 881 COCONUT GROVE, FL 33233-0881 PHONE (305) 446-5827 t\ in )n I j F+e s, ti� ICI I U oz ry C r C�0��,7I I I I i city clerk 3349 Elizabeth Street Miami, Florida 33133 January 8, 1992 City of Miami Planning and Zoning Boards Administrative Department P. O. Box 330708 Miami, Florida 33233-0708 From: Mrs. Eunice R. McGahee, owner of real estate within 375' of site. Subject: Change of zoning classification from Residential R-1 Single Family Residential to R-1 Single Family Residential with an Sd-12 Special Buffer Overlay District. Dear Planning and Zoning Board Members: I oppose a change of zoning ( surface parking lot) an R-1 Single Family Residential Area, with an SD-12 Special Buffer Overlay District. * I want R-1 (single family zoning) to remain on on Florida Avenue. *The proximity to commercial (parking lot) property will hurt and decrease the value of our property. Our property will be down -graded. No one will buy a home next to a surface parking lot. We would be losers and would be damaged financially. Commercially zoned property will create excessive nuisances that will damage our health and property. Based on information furnished by the Enviromental Protection Agency and Metro Pollution Office in Miami, cars are responsible for 98% of air pollution. Carbon Monoxide and other poisonous gases that come from auto- mobiles create nerve problems, chronic asthma, and bui-lds up stress and and strain which leads to high blood pressure. s_ High levels of crime, murders, drugs robberies, etc., makes parking lots dangerous and unsafe to live near. I pray that you will deny the change of zoning. Respectfully, (Mrs.) Eunice R. McGahee i 3370 Florida Avenue Miami, Florida 33133 January 8, 1992 Dear Planning and Zoning Board Members: I write to oppose a change of zoning for Florida Avenue, between Margaret Street and 32nd Avenue. I believe that the noise that cannot be controlled would make it impossible for anyone to live in this block. I prefer to keep it a residential zoned block. Profit should not be allowed for one group to destroy the neighborhood with crime, strange dangerous people harrassment and aggravation for others. I sincerely hope that you will deny the zoning and end this awful nightmare for the property owners in this block and near this block. Sincerely, Rosevelt Jordan 1 3380 Florida Avenue Miami, Florida 33133 January 7, 1992 Re: Proposed Rezoning of Florida Avenue for SD-12 Overlay District To whom it may concern: We are writing to oppose the change of zoning of Florida Avenue between Margaret Street and S. W. 32nd Avenue. Rezoning the block will destroy the residential block and deny the property owners who live there, their right to live in peace in a residential neighborhood. Rezoning will create living conditions that will affect the health and welfare of those who will have to live here. It will be very unfair to us as home -owners to have this parking lot imposed upon us without choice, excessive traffic problems, unsafe streets and all kinds of undesi- rable elements. We think that it is unnecessary for a zoning chaange, since there is plenty of commercially zoned land in the Coconut Grove area that needs to be developed. Granting a change of zoning to the developers will be breaking the City of Miami Comprehensive Neighborhood Plans for Florida Avenue. trulg�t W. A. Allen & family 3540 Florida Avenue Miami, Florida 33133 January 7, 1992 Dear Planning and Zoning Board Members: Because of the excessive damages and nuisances that commercial property creates, I oppose rezoning Florida avenue between Margaret Street and S. W. 32 Avenue(Rainbow) Plaza. A change of zoning would ruin the atmosphere of this block and the prozimity to commercial property will cause home -owners pro- perty on Florida Avenue to be down -graded. The market value will zero because no one will buy a home adjacent to a parking lot. The home -owners will be put into a financial binding posotion. We want homes on Florida Avenue --both sides of the street, please. Sincerely, (Mr.) Melvin R. Jackson 3240 Florida Avenue Miami, Florida 33133 January 7, 1992 Planning and Zoning Board P. 0. Box 330708 M*Ami, Florida 33233-0708 Dear Planning and Zoning Board Members: I am writing to oppose a change of zoning for Florida Avenue between Margaret Street and S. W. 32nd Avenue. When my neighbors and I purchased property in this block, it was with the understanding that the City of Miami Comprehensive Neighborhood Plan specified that this block was zoned exclusively for residential purposes(houses on both sides of Florida Avenue). SD-12 will create a dangerous hazard for those of us who live here. Our homes will depreciate in value and the block will become an undesirable place in which to live. There is one more important thing to consider. A parking lot is going to overcrowd the neighborhood. Would you offer no objection if someone proposed to build a park- ing lot in your neighborhood, or next to your property? Yours truly, Frieda Robi son V ` , t i 3361 Florida Avenue Miami, Florida 33133 January 7, 1992 TO: The Planning and Zoning Board Members: We strongly oppose a change of zoning on Florida Avenue between 32 Avenue and Margaret Street. The proposed change will constitute a grant of special privilege to developers contrasted with the home -owners welfare in the block The change of zoning, according to law, will allow other developers to request rezoning to adjacent properties. Black people in Coconut Grove have a serious housing shortage and are in dire need of places to live. We want homes on Florida Avenue with plenty of greenry, Palma and flowering plants. Sincerely, :y`.. f �� 3351 Hibiscus Street Miami, Florida 33133 January 7, 1992 Dear Planning and Zoning Board Members: We worked long and hard to establish zoning in the Coconut Grove area. We strongly oppose the changing of zoning between 32nd Ave., and Margaret Street. This would set up a predendent that would surely lead to further encroachment upon our residential area. Sincerely,.' L uise Davis 3443 Frow Avenue Miami, Florida 33133 January 8, 1992 To the Planning and Zoning Board Members: This letter is written in protest of changing Florida Avenue( 3200 block) from R-1 single family residential to R-1 single family residential with an SD-12 special buffer overlay district. To make changes for the sake of economic gain is not always best for the community's stability. We are sure that you will keep the area residential and that human welfare will be y4Ur first priority rather than economic gain. Thank you, Loretta Whittle Andre Whittle GIs, Cfcl- & L� t�-, !► �e1 r � �n �1 �� i r�� c!� 1 � •---C�J �rJ) �-�C-a rr� MP�� �1 FPS Ec C�►SJ) � �c1Ck Gt'31�Z�n�r �131� 1 nu�z tv�d 1,;`, 41)�vooe6 ) 1 I ► 1 ( �11►1 V� c��1 • %' '� 1 � U� �� Gt �gU.y`��- C r) � 4'l c '►tee ,.j P;''f"- cl � c1 (� c rc� ,� ! �-� i ?� : � - � l �e c gc�� ..�� e � C s -� C•1�� n z c s n Fomt��, �f J�it �[�,r (1(0 rl a S 11 t, �r b&,e; f �� d ,�'� Q����� �I� ���!►�U�U����1 �-.rj(.=�U����-c��'S Cl�l�'� I��'q� es ��C1 '1 Clan �, C4 Z c n 111 -- rrll ) ] I �'� r(efi � �� c'�1 U � in l l7 �� �� a � y�f G7,�G� �?e yb�1 Guc /I r t,t--�r'. here Is Pot C1 C�tmr1 ercIcl clr i� 1 a Cie e(i v pq 0�(- ,n r � I �� s_oc-im�re are 0n�,-crcv� 6-�-f-eve C1 C'C oi—n L')J�5 61�� ci �b�1E b�%n �rS i h b 65 iarA A 0 0 Or r + 11 e c� {-- - rw ur . rp -er-i-1 are no C tk it ri � 3 cc- c h ,An r cr cat a ;-t- E CV\� f) G e- .. �'Dpus-ed�i ) 2-(o I .�� L !�� ►��' i� � � :7 �1 �C� �'.�C ��Cc\�(S� ���r� c�,�1 c'�� � t jl�t�e (� J r 1�1c1<�1---�i�� 1 li;+�1�'S �a►1C��,��r S,��cr �c�S�- Itc�1 +Ir 1 1 �,� C Cjt-E C� �! ('P Ct� r'0A-� S J1 Sties Cr �rt r ii1 s f-e c cl)rd QA � < , lie Pk ��,1Ft-J �� /Ilr� l�n �'� ' 1� �� 1 �{ 1� �rf- ,� � �il � f c c ��. ► I l �,- I'C 06 er C,�Je� v cf e, +Ic ;d) 4))E C'�r•� � '-d�� e C �� Se ci G,S e. 1 � ci�s-}-r i c+S Q 1 �'Pa .�� �%'i` I �� � SGc �1 Ls nv-� �Wk �tl +D tlVQ rn1 ����bc� r ' ILcl r 0*�r� V il 150) -}f- � (a ouS q� C9�4�d Jq v an Pou Ia q nAryt u� '`/ a d G,r�� Lie 1 re co (1) 1 I ovi d� -�� ar%(►�1� -�or Grc_ o � P s�1- q�c. j tO �.�.�.-eta--c�.� �W�--�1 d �,e ro h, ctiU t tc. -�ro 04-9 q -e c *(' �''"'l �p (.e�DG �d C�La�vc ?eaA ayc 04 4,w So o r ��f f-e�— an � -t�- Doi C 01^�I (���y aAA Le c We have s�e«a]e�-�� comas �S�.d i� C°oc.00Kt"6rode� SJJ-�2 waS � ar{�n d.ed '� beuS-ec�� f�arkytl.4 -for-exlst-rY! q U.�Se.S Y�J 4' C, u+ OT-�v r1lo VI. �o r ok 3 ; J m 6 38`f3 �J�� Yam, i�"�s�` ro-. log C� �,r&��.„��,n�.�� loot ' - 1 i C� � r r �l a LOCATION/LEGAL APPLICANT/OWNER ZONING REQUEST * P7wl ZONING FACT SHEET 3200-3298 Florida Avenue Tract A RAINBOW PLAZA (117-88) Arturo Alfredo Arturo Comas & Peacock Investments 3215 Grand Avenue Miami, Florida 33133 Phone 448-1362 and George F. Knox, Esq. 25 West Flagler Street Miami, Florida Phone 374-1212 R-1 Single Family Residential to R- 1 with an SD-12 Special Buffer Overlay District. 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-1 Single Family Residential to R-1 Single Family Residential with an SD-12 Special Buffer Overlay District. APPROVAL. The proposed change is in compliance with the Miami Comprehensive Neighborhood Plan. The proposed change would not adversely influence living conditions in the neighborhood given the strict requirements of the SD-12 Parking Overlay Buffer District. The SD-12 Zoning District requires a Special Exception with City Commission approval prior to building permit to assure mitigation of the impact of the proposed parking lot on the surrounding residential. areas. PUBLIC WORKS No Comment. DADE COUNTY TRAFFIC AND TRANSPORTATION ENFORCEMENT HISTORY ZONING BOARD No Comment. No Comment. At its meeting of January 13, 1992, the Zoning Board adopted Resolution ZB 3-92 recommending denial of the above by a vote of 6-3. Twenty-eight OPPONENTS and four PROPONENTS were present at the meeting. Four replies AGAINST were received by mail. ANALYSIS 'des No N/A X The proposed change is in harmony with the adopted Miami Comprehensive 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 neighborhood 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 sane or similar impact on property values in the adjacent areas as the existing classification. X The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. r Yes No N % X The proposed change conveys the same treatment 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. 1 1" rtt R T. t!0 1 MI = 42 1 113 Z Q 2CG w 2w 20t 20C fft 1f f N. ftd w M • fa r f 10 N 1t U to Q �3 1a rs 1 it 1 n rt h 20 Q. of PERM—AVE'. AVE Fro ncseaa Is I a I I I \V' AV E. O Mummur,loopa-mlim =� mmwmn�omm 1t T ! • 13 2 1 3 13 14 15 1t' tT 1a ro 20 • r GRAND 0 2y t� IT 2s :� 24 23 22 2, r 22 21 sa 31 1• IS 3THOMAS 32 23 24 25 2A 27 >3 34 Y 93 64 L3 u eeeie,aeee 69CI� �A. 2t 121 30 3 2 `S 61 t0 Si St ST 54 M 54 f. III as 4: da 1f3 so Q x t71 3f �_ o ' GRAMGE tfo • ' nt 17S � � 1 161 N0 O 1rs t7t Q 1f 1 114 1f 11 I t• l 11 a 1a u �2 11 a M S• 37 >< 33 ns r • 2 ! 3 a S 1Q TIATt' •Q GF vM �3 J���°9 J 31 1 3 , P �J• 32 M S 23 LIME CT.Q - ftl : 1 3• 21 17MB C p sa :o t' r i`T 2 r.j. f• 's Tf M 10 1• a a• M � 0 A K --- - - AR p' z o N 4 �• 1T is 1t 70 A • . M A A S FIR or I _ I i': 1 ' I c>i p�l ' .y /'/1 ' I Lar't s cr. is t, 1 0 its as 1•3 •t •s IsCbb Icule? w 3 214 I 212 2 h d 1 • so .. . . Y AV E. • 7 • -3 • 3 2 r •. s � a: eo Q s. Ilp n1 n3 Z _ IT. ns I•I Iao 0 in ITS Q , IT7 1r6 I•a 1•f A = Ifo nl S a ++t '•s g 2 O U 201 20 IM r• 1 06 in I"M N f1 I 10 N s 1. n 1• IT 1• to PERCIV AV E4 • T s • 3 2 1 13 1 • 14 a IS If 4 to ROWf. n-44 !3. If 30 J W = FLORIDA 1• T 4 s 2 1 111111111 #m-'4 - 13 1. • 17 Ia rs m 11 •D GRAND 2• is 24 23 22 21 22 21 30 IS I a 30 THOMAS 31 32 2s 24 is 24 17 33 3. a• •s t, 43 ILLIAM • 3 4 _ 4 1 M • 30 i 27 26 H 30 31 $� s 1 go to /o 8 :1 2 3 . s • > ° s L w . 13 12 It to f • ! TIItaus — . . = CT•1 .• « b . I[ AT F6 A t u . 1 I 2 � • • � 1 7 a rr it 1a 1. e • n a \V' AV E. ee . Move Edell,eerie :• nsos ± �s $1 40 >, Sa s7 ss >s s• 1 i or 11111102 o°am 1 MArt GROVE I 2 3 a LIME CT.0 -01' • > w 10 3 C7 13 H D N I1 t 3 � 1 f0 A• •. •• N r< —•OAK 12 II � 1 . • I • : 1 Z 6 rr r3 It 17 R If ?b � • •PA MA A OF! ���� •A• V'Q/. 1 �I r�V 1 I GKY1� 1.1� M 1 I Y wTII .r F, _ s i' � '- i •�. 1 1 C C �.• , CIL owl FLORI cn •r AVE. - FLORIDA ''PAWAWA�. �'.r� — ��;r••• T K1f — Q• s T .4j�- 'kj• Y I f AVE _.•r— GRAND lowoo c - ,. F- z AL �. _ t '�'.` •- '•a r� fir. '!", AVE , _ ioM a .-•� .,�-' APo! 'C'AT',CN FAR AMENCME-NT - J ZCNiNC ATLAS 0 File Numcer ZA43. 1, GEORGE F. KNOX, ESQUIRE . herezy atMly to the C:ty C:mm►s. Sion of the �-ify or micmt ror an cmenament to the LOnlna Atics of the City of MIC"!1, :s more 2=icularty cescribea nerern and, in support of that request. furnisn the foliow,nc interrnaTion: I. Address of croceM 3215 Grand Avenue, Miami, Florida 33133 �- 2. Two surveys, orecarea oy o State of Florida Rearsterea Land Surveyor. appttc== 3. Affidavit disc:osina ownersnic of orocerty coveted by =;;tication and discrosure of interest form (Form 4-83 ana araan to app icanom. 4. Certified list of owners of real estate within 375' radius from the outside bounaaries of orooerty eovete0 by this apptication. (See Form 6-83 =a a =,% appucaaon.i S. At ieost two onctocrac %s that show the entire crooerty (Iona and improvements). — 6. Atlas sneet(s) on which arocerty appears 7. Present Zoning Owicration R-1 Single Family Residential S. Prc=ed Zoning Oestamion R-1 SFR, with SD-I2 Buffer Overlay Dist. 9. Statement exoiaining wny present zoning designation is inaaproariate. (A=cr% :o _ appucauaw 10. Statement as to why pr000sed zoning designation is cpprocriote. (Attacn to a;pii- i cation) I _11. Other (Speehfy) -I 12. Filing re: of 5 awarding to following schedule•. (a) To: RS-1, RS-1.1, RS-2, S 0.12 per sq.ft. of net lot area,mininn RG-1, PO-li, PD-NC, $550.00 (b) To: RG-2, RG-2.1, S 0.14 per sq.ft. of net lot area minimum RG-2.3. RO-1, $600.00 RO-2.1 (c) To: RG-2.2, RG-3 $ 0.16 per sq.ft. of net lot area minimum RO-3 S650.00 I s (d) = -i, -I=•�. S 0.20 per sq.ft. of net lot area,rinimum C:.R-3. 0•i. CO S750.00 CG•2, 'NF•I, 'NF-R, 1.1 (e) ?o: cm- I, :PI•o S 0.22 oer sq.ft. of net lot area,minimum $850.00 (f) ---or any creme in a sector numcer only, for a ocrsicuter cistric--:cssific tion, the fee snati be The some as for a crange in its cistrtc- c=iric_2ton. shown to (b) througn (e) coove. Signature Name GEORGE F. KNO ESQ. Address 25 West Flaeler Street, Penthouse Phone (305) 374-1212 STATE OF FLORIDA SS: 'COUNTY OF DADE ) GEORGE F. KNOX, ESQ. , being duty sworn, detoases e,d sacs snot ne is Tne tuwnerl tAuTnortzea Agent for uwneri otof the reai property ceseribed in } answer to cuestion 0I, wove: that he has read the foregoing answers and that tr+e some ore true end c=otete: =d (if acting as agent for owner) ie nos authority to execute tnis petition on oenaif of the owner. ---n E. '.1? 11• SWORN TO ANO SU855CRIEED before me this nb day of em t kl. MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA 14V EXP..25,1996 SONUD THRUGGENERALFEBINS- U1Qb (SEAL) Notary t"Volic. Ztate or r tortaa CT Lzrge STATE OF FLORIOA) )SS COUNTY OF DADS ) Before me, the undersigned authority, this day personally appeared GEORGE F. Y-NOX, ESQUIRE 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 Cod* of the City of Miami, Florida, effecting 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. Z. That all owners which he represents, if any, have given their full and complete permission for his to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property 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) Sworn to and Subscribed before me this 1)0 _day of , 193 1 Ndtazy Public, State of Florida at Large one-' s '+ame Qv fy►._ � A'{�l�{+ � A�h•�n �., 4►�..a i �..e..�. �'.ws� �..t; ,,,i l i n9 Address) GY A'K • �` • , Ft,.. 3 3/3 3 'tltonont 4u=tr (305) 448-1362 .2911 :.tscriotl0n: TRACT A RAIN30W-PLAZA, 29 8 rMnerI s Naoe Mailing Address Telephone Number_ Legal DesCription: Owner's Name Mailing Address Telephone Number Legal Description: My other real estate property owned individually, Jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Street Address Street Address L"a1 Oescriotion Ts E3 9 fn It Legal Description Legal Descrio IM CI:L:S•'FE CF %tWsm 1. :Agal dews:pticn and street a6drwu of 3ue3ec-- real ;.roper _-" 3213 Grand Avenue, Miami Florida 33133 TRACT A RAINBOW PLAZA, PB 117-88 2. .0wrtsr(s) of switct real prooerty and percentage of owneranip. Vots: City of Miami Ordinance No. 9419 requires disclosure of all parties navinq a financial interest, either direct or indirect, in the 3uo3ect matter of a presentation, request or petition to the City C0sts:n13310n. Accordingly, question a2 requires disclosure of all sharenolders of oorperrstioctis, beneficiaries of trusts, and/or any other interested pares, tagetner with their addrwum and prvportiorms irnarest. 1. Arturo Comas - 57/. 2. Alfredo J. Comas - 14: All of 400 S. `tashton Drive 3. Arturo L. Comas - 14X Key Biscayne, Florida 4. Peacock Investments, Inc. - 15% c/o Mesa 6 Penton 2937 S.W. 22nd Avenue 4305 Miami, Florida ** 100% owner is Galo G. Chiriboga, Quito Ecuador �ffll4s .h Ste. Pr#•��...� 4- I' M 4 - fw✓ ©gt a~ r 3. Legal description end street address of any real property (a) owned by any party, listed in answer to questux% t2, and (b) located witain 375 feet of the suojem real pcgnrty. Lomas a5 � , � �.,•c.; r> c'S�-C7 ,) . � � j /� ' � c fit: Fe- OR- A 7 MM FM 04,ER Y • 81 1 a ** Lr • r • - • C->=� F Knc x , beinq duly sworn, bep=09 and says that ne is -the t veer) (Attorney or owywr) of the real propertY described in answer to Question o1, abowst that he has red the fOCV OLM answers and that the same an trus and aampletet and (if aetinq as attarnsY for owner) that he has authority to execs: 01 Of OwnsrsnLp foam on behalf of the oWW. 1-17 (S£AL ) SWW M Ate this Ds ftrre mesZ�� WF r Statement Regarding Present Zoning Designation The Applicant makes no attempt to change the underlying zoning classification. The present request represents the owner's desire to make constrictive and beneficial use of the property on an interim basis, until the market stabilizes, trends and development of the area show themselves, and until a master plan for the development is formulated. Since the entire block is in common ownership, this request would allow for the development of a surface parking lot for commercial use on the entire site. Unfortunately, this block is split by two zoning districts, one residential, and one S-2, and the proposed parking lot request could not be accomplished without a special exception. Statement Regarding Proposed Zoning Designation The Proposed Zoning Designation will allow the owners to develop and operate a commercial parking lot without any disturbance to the underlying zoning designation. The grant of the SD-12 Overlay District, and the Special Exception would accomplish the following: 1. The owners will use the property solely for providing surface parking on an interim basis. 2. The organized operation of a facility for providing parking will relieve a chronic parking problems for citizens, visitors and merchants in Coconut Grove. 3. The property will be made more useful and attractive by its development and enhancement. 4. The owners will continue the tradition of making the property available as a weekend Farmer's Market. 13 r'j1_[-rl '- ?i _'1.4 31 �'-' 2 15 SEC=,E 1 :R'f OF ST A i e ARTICLE OF INCORPORATION 1614 PEACOCK INVESTMENTS, INC. The undersigned subscribers to these Articles of Incorporation, each a natural person competent to contract, hereby associate themselves together to form a corporation for profit under the laws of the State of Florida. ARTICLE I - NAME The name of the corporation is: PEACOCK INVESTMENTS, INC. ARTICLE II - NATURE OF BUSINESS The general character of nature of the business to be transacted by this corporation is: (a) To invest in and develop Real Estate. (b) To acquire by purchase, lease, or otherwise, a -is and interests in lands, and to own, hold, improve, devel,.:, and manage any real estate so acquire, and to erect, or caul- to be erected, on any lands owned, held, or occupied by the corporation, buildings, or other structures, public or private, with the appurtenances, and to manage, operate, :ease, rent, rebuild, enlarge, alter, or improve any buildings or other structures, now or hereafter erected on any lands so owned, held, or occupied, and to encumber or dispose of any lands, or interests in lands, and any buildings or other structures, at any time owned or held by the corporation. To buy, sell, mortgage, exchange, lease hold for investment or otherwise, use and. operate, real estate of all kinds, improved or unimproved, and any right or interest therein. (c) To acquire, by purchase, lease, manufacture, or otherwise any personal property deemed necessary or useful in the equipment, furnishing, improvements, development or management of any property, real or personal, at any time owned, held, occupied by the corporation, and to invest, trade and deal in any personal property deemed beneficial to the corporation, and to lease, rent, encumber or dispose of any personal property at any time owned or held by the corporation. (d) To contract debts and borrow money, issue and sell or pledge bonds, debenture, notes and other evidence of indebtedness, and execute such mortgage, transfers or corporation property, or other instruments to secure the payment of corporate indebtedness as required. (e) To purchase the corporate assets of any other corporation and engage in the same or other character of business. (f) To guarantee, endorse, purchase, hold, sell, transfer, mortgage, pledge or otherwise acquire or dispose of the shares of the capital stock, of or any bonds, securities, or other evidence of indebtedness created by, any other corporation or the State of Florida or any other state or government, and while owner of such stock to exercise all the rights, powers and privileges of ownership, including the right to vote such stock. (g) To enter into, make, perform, and carry out contracts and agreements of every kind, for any lawful purpose, without limit as to amount, with any person, firm, association, or corporation, and to transact any further and other business necessarily connected with the purposes of this corporation, or calculated to facilitate the same. (h) To carry on any or all of its operations and businesses, and to promote its objects within the State of Florida or elsewhere, without restriction as to place or amount; and to have, use, exercise and enjoy all of the general cowers of like corporations. (i) To engage in any and all lawful businesses, trades, occupations and professions. (j) To do any or all of the things herein set forth to the same extent as natural persons might or could do, and in any part of the world as principals, agents, contractors, or otherwise, alone, or in company with others, and to do and perform all such other things and acts as may be necessary, profitable, or expedient in carrying on any of the business or acts above -named. The intention is that none of the objects and powers as hereinabove set forth, except where otherwise specified in this Article, shall be in anywise limited or restricted by reference to or inference from the terms of any other objects, powers or clauses of this Article or any other Articles, but that the objects and powers specified in each of the clauses in this Article shall be regarded as independent objects and powers. ARTICLE III - CAPITAL STOCK The maximum number of shares of stock that this corporation is authorized to have outstanding at any time is seven thousand five hundred (7,500) shares of common stock, each share having the part value of One Dollar ($1.00). Authorized capital stock may be paid for in cash, services, or property, at a just value to be fixed by the Board of Directors of this corporation at any regular or special meeting. ARTICLE IV - TERM OF EXISTENCE This corporation shall have perpetual existence. ARTICLE V - REGISTERED OFFICE AND REGISTERED AGENT The street address of the initial registered office of this corporation is: 1871 S. Bayshore.Drive Coconut Grove,F1.33133 and the name of the initial registered agent of this corporation at that address is: Larry D. Parks ARTICLE VI - INITIAL DIRECTORS The name and street address of the initial Director( ) who shall hold office until his successor( )has elected and has qualified, is as follows: Name Address Larry D. Parks Y 1871 S. Bayshore Drive Coconut Grove, F1. 33133 6' y ARTICLE VII - OFFICERS The name of the officer( ) who is to conduct the business of the corporation until those elected at the first election, is as follows: Larry D. Parks, -President, Vice President, Secretary, Treasurer, & Director 1871 South Bayshore Drive Coconut Grove, Florida 33133 ARTICLE VIII - INCORPORATION The name and street address of the person signing these Article of Incorporation is: Larry D. Parks 1871 S. Bayshore Drive Coconut Grove, Florida 33133 ARTICLE IX - EFFECTIVE DATE These Articles of Incorporation shall be effective on the date of the filing of these Articles of Incorporation with the Office of the Secretary of State of the State of Florida. ARTICLE X - AMENDMENT These Articles of Incorporation may be amended in the manner provided by law. Every amendment shall be approved by the Board of Directors, proposed by them to the stockholders, and approved at a stockholders' meeting by a majority of the stock entitled to vote thereonr unless all the directors and all the stockholders sign a written statement manifesting their intention that a certain amendment of these Articles of Incorporation be made. 6 IN WITNESS WHEREOF, I have hereunto set my hand and seal, acknowledged and filed the foregoing Articles of Incorporation under the laws of the State of Florida, this 31st day of January 1983. (SEAL) STATE OF FLORIDA ) COUNTY OF DADE ) SS: BEFORE ME, personally appeared Larry D. Parks to me well known and known to me to be the individual 'described in and who executed the foregoing Articles of Incorporation, and acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal in the County and State named above, this day of N Y PUB IC State of F orida at Large My commission expires Y �� IS 31 2. SECREj lP'F�Ci�S3A �E MIAM , CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE NAMING AGENT UPON WHOM PROCESS MAY BE SERVED In pursuance of Chapter 48.091, Florida Statutes, the following is submitted, in compliance with said Act: THAT COUPON PROMOTION CORPORATION is qualified to do business under the laws of the State of Florida with its principal office at: 1871 South Bayshore Drive Coconut Grove, Florida 33133 has appointed Larry D. Parks as its agent to accept service of process within the State. ACKNOWLEDGMENT: (MUST BE SIGNED BY DESIGNATED AGENT) Having been named to accept service of process for the above stated corporation, at place designated in this Certificate, I hereby accept to act in this capacity, and agree to comply with the provision of said Act relative to keeping open said office. By Larry D. Parks r < t, ;- ASSIGNMENT OF SUBSCRIPTION I (We) hereby assign to m,- ,a?o r.,erman all of my (our) rights to subscribe to the shares of the capital stock of Peacock Investments, Inc. , a corporation organized under the laws of the State of Florida, which I have acquired either by being an incorporator of said corporation, a subscriber to the articles of incorporation or a subscriber to the capital stock of the corporation. EXECUTED: February 8 19 83 P age 12 0 f