HomeMy WebLinkAboutR-91-0321J-91-323
91.-w 321
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, APPROVING AN I'
AMENDMENT TO THE UNRECORDED DECLARATION OF f
RESTRICTIVE COVENANTS RUNNING WITH THE LAND,
DATED SEPTEMBER 26, 1985, PROFFERED TO THE
CITY COMMISSION ON NOVEMBER 26, 1985, (THE
"COVENANT") FOR THE PROPERTY OWNED BY 3101
ASSOCIATES LTD., A LIMITED PARTNERSHIP, (THE
"OWNER") AND LOCATED AT APPROXIMATELY 340-352
NORTHEAST 32ND STREET AND 335-450 NORTHEAST
31ST STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), TO THEREBY
ELIMINATE THE FOLLOWING REQUIREMENTS: (A)
DEVELOPMENT IN ACCORDANCE WITH A SPECIFIC
SITE PLAN ON FILE WITH THE CITY; (B) REQUIRED
DEDICATION FOR STREET PURPOSES AND
CONSTRUCTION OF STREET THEREON; (C)
DEDICATION OF PROPERTY FOR A MINI -PARK AND
CONSTRUCTION AND MAINTENANCE, INCLUDING A
SIGN, OF A MINI -PARK THEREON; AND (D) PAYMENT
OF $2,500 TO THE CITY OF MIAMI PARKS
IMPROVEMENT FUND (FOR CLEMENTE PARR); AND TO
SUBSTITUTE THEREFOR THE FOLLOWING
REQUIREMENTS AND RESTRICTIONS: (A) THE SITE
SHALL BE DEVELOPED AS A MIXED USE RETAIL
CENTER WITH A MAXIMUM F.A.R. OF 25,000 SQUARE
FEET; (B) THE REQUIRED DEDICATION OF CERTAIN
PROPERTY TO THE CITY, AS MORE PARTICULARLY
DESCRIBED HEREIN, SHALL BE MADE BY THE OWNER
UPON WRITTEN REQUEST OF THE CITY,
SUCH REQUEST TO BE MADE TO
OWNER WITHIN NINETY-NINE (99) YEARS OF THE
DATE OF THIS RESOLUTION; AND (C) OWNER SHALL
NOT CONSTRUCT OR BUILD UPON THE PROPERTY TO
BE DEDICATED TO THE CITY, BUT IN ALL OTHER
RESPECTS SHALL RETAIN ALL RIGHTS AND
OBLIGATIONS OF OWNERSHIP THEREOF; SAID
APPROVAL BEING SUBJECT TO EXECUTION OF A
COVENANT RUNNING WITH THE LAND, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AND
RECORDATION OF SAID COVENANT AT OWNER'S
EXPENSE.
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WHEREAS, on November 26, 1985, the City Commission accepted
a Declaration of Restrictions (the "Covenant") for the property
owned by 3101 Associates Ltd., a Limited Partnership, (the
"Owner") and located at approximately 340-352 Northeast 32nd
Street and 335-450 Northeast 31st Street, Miami, Florida (more
particularly described herein), (a copy of which unrecorded
Covenant is attached hereto as Exhibit "A"); and
ATTACHMENTS
CONTAINED
WHEREAS, the Covenant provided that it may be released,
modified or amended by written instrument upon approval at a
public hearing before the City Commission; and
c
WHEREAS, the City Commission, following a public hearings
finds that it is in the beat interests of the general welfare of
the City of Miami and its inhabitants to allow an amendment to
the Covenant as hereinafter described;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. An amendment to the Covenant executed on
September 26, 1985, for the property located at approximately
340-352 Northeast 32nd Street and 335-450 Northeast 31st Street,
-
Miami, Florida, legally described as set forth on Attachment l`
1
4
attached hereto and made a part hereof, owned by 3101 Associates
Ltd., a Limited Partnership (the "Owner") is hereby approved to:
' (a) eliminate the following requirements set forth in the
f
said Covenant:._
(i) development in accordance with a specific
site plan on file with the City;
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(ii) required dedication for street purposes and
3"
l construction of street thereon;
(iii) dedication of property for a mini -park and
construction and maintenance, including a
�k 3:
sign, of a mini -park thereon; and
( iv) payment of
$2,500
to the City of Miami
Parks`'
Improvement
Fund
(for Clemente Park);
and:
(b) substitute therefor
the
following requirements
and
restrictions:
91
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(i)
the site shall be developed as a mixed use
retail center with a maximum P.A.R.
limitation of 25,000 square feet=
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(ii)
the property legally described herein on the
t
attached Attachment 2, (the "Property") shall
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be dedicated to the City in fee simple with
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no restrictions or conditions attached to
said dedication upon written request by the
City made to the Owner within ninety-nine
k
(99) years of the date of this Resolution and
until such request, Owner shall not construct
or build upon the Property but in all other
respects shall retain all rights and
i
obligations of ownership thereof including
but not limited to payment of all taxes
assessed thereon and maintenance of the
Property in accordance with all applicable
4
codes; and
-
(iii)
the amended covenant shall be recorded
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against all of the property described in
Attachment 1 hereof.
Section 3.
This Resolution shall become effective
immediately upon
its adoption.
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STATE OF FLORIDA
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East 24 feet of Lot 1, and all of Lots 2 3,
41 5 and the East 1/2 of Lot 6 Block 3
ELWOOD COURT Subdivision, Plat Book 9, Page
j 181, and the East 14 feet of Lot 11, and � all
of Lots 10, 91 8, 71 61 5 and 4, Block 1,
i BROADMOOR Subdivision, Plat Book 2, Page 374
according to the Public Records of Dade
4 County, Florida.
i
West 45 feet of Lot 7, Block 3, ELWOOD COURT,;
according to the Plat thereof, as recorded -An.
Plat Book 9, at Page 181, of the Public
Records of Dade County, Florida.
Lots 2 and 3., Block 1, BROADMOOR Subdivision,
Attachment'1
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West 45 feet of Lot 7• Block 3,
ELWOOD COURT, according to the Plat
thereof as recorded in Plat Book 9
at Page 181 of the Public Records of
Dade County, Florida; and
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Lots 2 and 3 and a portion of Lot 4
(to be described more particularly,
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in the Deed) • Block 1, BROADMOOR,
according to the Plat' thereof as
recorded in plat Book 2 at Page 37
of the Public Records of Dads
County, Florida.
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Attavhment 2
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RECEIVED
a NOVA. QUINN )ONES, 111 .,�.!.,�,� 1951 N-4 J�L&jTpie4�3 j6)70Q 3
City Attorney �(N*• -
��,�. ovember 1, iW T
CITY CLERK
Lucia A. Dougherty, Esq. CITt' 0;= ?-0!Ah 1, FLA.
Greenberg, Traurig, Hoffman► Lipoff,
Rosen V Quentel, P.A.
1221 Briokell Avenue
Miami, Florida 33131
Res 3101 Associates Ltd.
City Commission Meeting of A ii 26. 1991
Item No
Our File No.: A-91-309
Dear Lucia:
As you know, on April 25, 1991 the City Commission approved
your requested amendment to the Declaration of Covenants on
referenced matter. it is our policy that this executed covenant
must be delivered to this office in recordable form immediately,
. I have requested this of you several times before and now
will have no recourse other than to recommend that the matter be
placed on the City Commission agenda for recision of Resolution
No. 91-321.
You should also realize I must recommend to the City Manager <,
that your request for a special exception at the same address
should not be considered by the City Commission until this i.
delinquent covenant is received by us in recordable form, in 3
accordance with our customary procedure.
If you have any questions, please do not hesitate to contact
me..
Sincerely,
G.% Miriam Ma r
Chief Assistant City Attorney '.
GMM:ra:P1198
ec: /A. Quinn Jones, III, City Attorney"
a .
y J Matty Hirai, City Clerk
Guillermo Olmedillo, Deputy Director
Planning, Building & Zoning Deportment ;
Gloria Fox, Chief, Division of Hearing Boards
4
4 OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 7 a}
Since this development will have a positive economic impact in the
Biscayne Boulevard corridor, the margin for profit is not as
significant as a 15-story building, and the impacts of the
it is requested that the mini -park
development are much ess,
91,
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1�it#� of �#Ci�tmtA
A. QUINN )ONES, III
City Attorney
Lucie A. Dougherty, Esq.
Greenberg, Traurig, Hoffman,
Rosen & Quentel, P.A.
1221 Briekell Avenue
Miami, Florida 33131
ovember
• rri,.41•,
Lipoff ,
RECEIVED
1451 NOV `4 1�t►fe�idpieF' (05 57�9.3399
1, OW.1 T ' I;�rli
CITY CLERK'
CiT( OF 14101-1, FLA.
Re: 3101 Associates Ltd. --
City Commission Meeting of A it 25, 1991
Item No pZ-9_
Our File No.: A-91-309
Dear Lucia:
As you know, on April 25, 1991 the City Commission approved
your requested amendment to the Declaration of Covenants on
referenced matter. It is our policy that this executed covenant
must be delivered to this office in recordable form immediately.
I have requested this of you several times before and now
will have no recourse other than to recommend that the matter be
placed on the City Commission agenda for recision of Resolution
No. 91-321.
You should also realize I must recommend to the City Manager
that your request for a special exception at the same address
should not be considered by the City Commission until this
delinquent covenant is received by us in recordable form, in
accordance with our customary procedure.
If you have any questions, please do not hesitate to contact
me.
Sincerely,
wX
G.% Miriam Ma r
Chief Assistant City Attorney
GMM:ra:P1198
;
eo: A. Quinn Jones, TIT, City Attorney
Natty Hirai, City Clerk F'
Guillermo 01medillo, Deputy Director t`
Planning, Building & Zoning Department h
Gloria Fox, Chief, Division of Hearing Boards
OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 js
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400
CITY OF MIAMI, FLOAft
INTER -OFFICE MEMORANDUM
TO : tuiilerrlo Olrnedillo DATE : June 719911�1� BILE t91-300
Deputy Director fi� 1...1� i`�'R At
anf,ing v Building & Zoning Dept. SUBJECT: 3101 Assn�, �.
city Com i iinq of
9. %Aam- Maer April 2& '
Chief Assistant City Attorney REFERENCES: J-91-323
FROM` Zoning/Development Division' _ / --
ENCLOSURES :
Please review and comment on the attached Resolution as soon'
as possible. Lucia Dougherty and I are working on the Covenant. N.
Your prompt response to this matter is greatly appreciated.
It
M:ra:P979tachment
: Matty Hirai, City Clerk Wo encs.)
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lri<LAW OrrICES
1�C E BE , T URio, HOFFMAN, LIPOFF, ROSEN & OUENTEL, P. A.
1291 SPICttELL AVENUE
MIAMI, FLOPRIOA 33131
MIAMI (305) 579.0!500 • OPOWAAO (30S) 523•8111 WEST PALM gEACM OrrICE
S00 EASY l qb MOULEvAR TELEX 80.312A 1601 rOPUM PLACE + SUITE 307
TILL .ti:OPr (305) 579.0717 WEST PALM StACH, rLON10A 33AOI `
SUITE 1350 (AO7) 663.6611
ron? LAUOEabALE. rLOPICA 394 TtLECOPr (407) 683.8447 •
(30S)165.0500
7tLtCOPr (305) 765.1 77
L�JCIA A. OOUONEIITY� *LtAft REPLYTO:
MIAMI OrrlCC'
579.0603
1
t March 14, 1991 - -
a
Mr. Sergio Rodriguez, Director
Planning, Building & Zoning Department
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
Re: Amendment to Covenant for Property located at
340-352 N.E. 32nd street and 335-450 N.E. 318t street
Dear Sergio:
As you will recall, the above property was rezoned from RG-3+t
(General Residential) to CR-3-7 (Commercial Residential). The
approval was accompanied by a covenant proffer by the developer
including:` construction adhering to a site plan which contained a ;.
15-story building and approximately 200,000 square feet; street Ul.
dedication, which would be an extension of N.E. 4th Avenue; the 3
dedication of property to the east of said street dedication for
a mini -park; maintenance of raid mini -park; construction of the 4th
Avenue extension; a sign at the mini -park; and $2,500.00 to be paid
to the City of Miami Parks Improvement Fund (for Clemente Park)
The purpose of this letter is to request an amendment to said 4
covenant to permit the following:
1. the construction of a one-story retail shopping center with
approximately 22,000 square feet, as described in the attached }
site plan.
I. 2. The dedication of property for a mini -park and the 4th Avenue
f extension.
Since this development will have a positive economic impact in the
Biscayne Boulevard corridor, the margin for profit is not as
significant as a 15-story building, and the impacts of the
xl
development are much less, it is requested that the mini-par}c
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C M EIS- 'JAL �-
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TE IA A , .%`' Q O
PROP. DONUT STARE 000 SF
PROP. SANDWICH STORE — 1,000 SF
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' w�� I I W PROP. DRY CLEANING STORE - 1,000 SF
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4 Q PROP. ICE CREAM: STORE — 1,000 SF
m ® i• B�• i I TFASt� PROP. PIZZA STORE �, i,000�SF
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PROP. MAIL BOX STORE — 1.000 SF
I PROP SHOE STORE — 2 400 $F
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I ; 0 PROP. LIQUOR STORE — 1.350 SF
PROP. PHARMACY - 12.500 SF
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I ; 0 PROP. LIQUOR STORE — 1.350 SF
PROP. PHARMACY - 12.500 SF
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FA
DECLAttATION Of RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants by 3101 ASSOCIATES
LTD., a Plorida limited partnership, ("Owner"), in favor of CITY
OF MIAMI, FLORIDA, a political subdivision of the State of
Florida, (the "City"),,
WITNEESETHs
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WHEREAS, the Owner holds fee -simple title to certain pro-
-
perty in the City of Miami which is situated along the main
thoroughfare of Biscayne Boulevard between 31st and 32nd Streets
and is zoned CR-3/7, Commercial -Residential (General), and con-
sists of approximately one acre, more particularly described in
Exhibit "A" attached hereto; and
WHEREAS, the Owner is the option holder on certain property
which is contiguous to the property described in Exhibit "A",
consisting of approximately .85 acres, legally described in
Exhibit "B" attached hereto; and
4
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WHEREAS, the Owner has applied to the City of Miami Zoning
Board and the City of Miami Commission for a zoning district
}
boundary change for the property described in Exhibit "B" from
RG-3/6, General Residential to CR-3/7, Commercial Residential
F
(General); and
WHEREAS, the option agreements entered into by' the Owner
condition the sale of the property described in Exhibit "B" on
the grant of a district boundary change by the City of Miami
.,
�.4
Commission from RG-3/6 to CR-3/7; and
WHEREAS• the Owner,is desirous of giving assurances that the
property described in both Exhibits "All and B (the Property"),
s{'t
legally described in Exhibit "C", will be developed in accordance
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with the provisions of this Declaration;
l
NOW, THEREFORE, the Owner voluntarily covenants and agrees
i
that the Property shall be subject to the following restrictions
3
This Instrument Prepared.By.
ROBERT'`A. EAPLAN, XSQ.
Greenberg, Traurige Askew, Hoffman,
i'LE,
Lipoff, Rosen 6 Qsentel, P.A.
1401 Bricker Avenue
91 � 3.2
NiaAi. Ylorida 33131
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which are intended and shall be deemed to be covenants running
with the land and binding upon the Owner, its successors and
assigns as followss
Development In Accordance With Site Plan. The
Property shall be developed substantially in accordance with the
site plan entitled "3101 Associates Ltd.", prepared by SKV
Architects, consisting of pages A-1 to A-10, last revised March
E
27, 1985 (the "Site Plan"). The Site Plan is on file with the
City of Miami Zoning Department.
2. Property To Be Replatted. The Property will be
replatted according to the City of Miami platting process to
create one developable parcel. During the platting process, the
Owner will dedicate sufficient land east of the Property to
extend Northeast 4th Court as described in the Site Plan.
3. Inspections. -As part of this Covenant, it is under-
stood and agreed that any official inspector of the City of Miami
Building and Zoning Department or its agents duly authorized, may
have the privilege at any time during normal working hours of
5
entering and investigating the use of the premises to determine
whether or not the .requirements of the building and zoning regu-
lations and restrictions herein agreed to are being complied
with.
;<
4. Benefit of Restrictions. These restrictions during
i
their lifetime shall be for the benefit of, and a limitation
upon, all present and future owners of the Property and for the
public welfare.
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5. Time Period of Covenant. This Covenant is to run with
the land and shall be binding on all parties and all persons
t.;
claiming under it for a period of thirty years from the date this
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Covenant is recorded, after which time it may be extended auto-
j
matically for successive periods of ten years, unless an instru-
ment signed by the majority of the then owners of the Property
has been recorded agreeing to change the Covenant in whole, or in
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part, provided that the Covenant has first been released by the
City.
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91— 3,21
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6. Modification,. Amendment or Release. This Declaration
of Restrictions may be modified, amended or released as to the
land herein described, or any portion thereof, by a written in-
strument executed by the then owner of the fee -simple title to
the lands to be effected by such modification, amendment or re-
leases, provided that the same is also permitted by the City of
Miami Commission after a public hearing.
7. Acknowledgment of Modification, Amendment or
Release. Should this Covenant be so modified, amended or
released, the Director of the City of Miami Planning Department,
or his successor, shall forthwith execute a written instrument
effectuating and acknowledging such modification, amendment or
release.
8. Enforcement. Enforcement shall be by action at law or
in equity against any parties or persons violating or attempting
to violate, any covenants, either to restrain violation or to
recover damages. The prevailing party in the action or suit
shall be entitled to recover, in addition to costs and disburse-
ments allowed by law, such sum as the court may judge to be
reasonable for the services of his attorney.
9. Invalidation. Invalidation of any one of these cove-
nants, by judgment or court, shall not effect any of the other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has set his hand and
seal this day of Sea 1985.
310
By:
STATE OF
FLORIDA • )
)
SS
COUNTY Or
DADE )
T e
foregoing
instrument
was ack w edge
be ore me
this
tiay of
p
1995, by Lam.
OTARY PUBLICS ATE
OF FLORIDA
AT LARGE
My Commission
Expires:
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9
EXR181T "
East 24 feet of Lot 1, an
and 4, Block 31 Elwood Cour
Book gr Page 181 and the
lip and all of Lots e, 9
eroadmoor Subdivision, Pla
according to the Public
County, Florida.
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east
d all of Lots
2, 3
t Subdivision,
Plat
14 feet of
Lot
and 10, Block 1,
t Hook 2, Page
37,
Records of
Dade
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Lots 5 and 6, Block 3, Elwood Court
Subdivision, Plat Book S, Page 181 and the
east 14 feet of Lot 11, and Lots 4, 5, 6 and
7, Block 1, Broadmoor Subdivision, Plat Book
3, Page 37, according to the Public Records of
Dade County, Florida.
LOCATION/LEGAL
APPLICANT/OWNER
ZONING FACT SHEET
z
Approximately 340-352 NE 32 Street b
Approximately 335-415 NE 31 Street
Lots 5a6
Block 3
ELWOOD COURT (9-181).
b
Lots 4, 5, 6 8 7
Block 1
BROADMOOR (2-37 )
3101 Associates Ltd.
258 NE 27 Street
Miami, FL 33137 Phone # 579-1236
Villa Enterprises, Inc. ?'
9061 SW 82 Street
Miami, FL 33173` Phone # 274-3767 is
Betty Wales
3400 South Ocean Boulevard
Palm Beach, FL 33062 Phone 758-9691
'
Kenyon Jones
13500 ` SW 72 Avenue
Miami, FL 33145 Phone # 238-4410
Alan S. Gold, Esq. ItAttorney for Applicant)
1401 Brickell Avenue
Miami, FL 33131 Phone # 579-0880
ZONING
RG-3/6 General Residential
REQUEST
Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, to CR-3/7 Commercial -Residential
Tr
(General).
RECOMMENDATIONS
.�: PLANNING DEPARTMENT
APPROVAL. The requested change would not be at
odds WiTh the existing land uses in the area.
The increase in depth of the existing CR-3/7
zoning district would be beneficial to the City
including the subject property, by providing n
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more reasonable opportunity for development of
Office -commercial along the Biscayne Boulevard
,
corridor.
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y`e
"' �.wr�l1��T•l
f e A #%'P •" 1
s ZB July 15. 1935 AS 21
W -s Item # B AP P-14
Z P-161
M� Approx. 340-352 NW 32 Street &
Ox..335-415 NW 3.1 Street
91— 321
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ZB July 15, 1985 AS 21
AP P- 14
Item # 8 P-16
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r--Approx-.-335-4115 -NW-3+-Stree-t---
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.711111ir C': a Lk.. "r jrfl� ,
.h
C�.u�.1
• t � i.e ....'ar...' � .� wa• a ' •a •
dt1 Pe7
atip=b S. oar , who baL,*4 by me firms du17 worn,
upon oath, deposes and rays: ,
1. Then he is the miner, or the legal representati-: a c: the
caner, sub m. ttin& the acc anyzt; application for a public hm L-g as
required by O:.4inance No. 95oo of the Code of the City of Mjar.,3, F1ormi a,
effecting the real properry located' in the City of Miami as described and
listed on the pages atta hl ed to this affidavit and c:ade a prst thereof.
2. Tk at aU mmers v ich he represents,. if arty, have given their
full a*.d complete ge .. ssicn for hin. to act in their bLha=I for the chnge
or of a c]ssif ication or regulation of zc:+; -g as set out in
the accC:rzr :_-& petstic z.
I
3. Trat t1he ";aids CaV Yach.ed hereto an .:::de a p� � of this
' aff idavit ccnt",* 1 the cL'—:en :'. a mes, n*.: � �' ns ad.- e_ses, pllcne rmx. zers and
lei d!sC'_yV1cr5 for the real- ; e y wlhich he is tag:: awmer or lete�.
re-re=sntative.
4. Tne facts -as represented !n the a-1 ication an
S`. *k"'%Ped in CC::;jL'ZCt_C?1 ::'ith the Zff'iC.c°'vZt are tme and cc::'ect•
FL•.-�her �.f+:.a.�:t sayeth not.
WAR'S LIST
~yowner's Name 3101 Associates Ltd. -
Mailing Address 258 N.E. 27th Street, Miami, Florida
Telephone Number 576-1236
Legal Description: East 24 feet of Lot 1 and Lots 2,31415 of Block 3,
Elwood Court, P.B. 9, P. 181, and east 14 feet of Lot 11, 'and Lots,50
6,7,8,9,10 Block 1, Broadmoor, P.B. 2, P. 37,of the Public Records
of Dade County, Florida.
Owner's mane Villa Enterprises, Sne.
Mailing Address 9061 S.W. 82nd Street, Miami, Florida 23173
• Telephone Member 274-3767
Legal Description: East h of Lot 6, and beginning S.E. corner of Lot 6,
then South 6 feet, then West 30 feet; then North 6 feet, then East
along Southline of Lot 6, 30 feet to boundary liner of Elwood Court,
P.B. 9, P. 161, of the Public Records of Dade County, Florida.
Owner's Name Betty Wales
Mailing Address .3400 South' Ocean Boulevard, Palm Beach, Florida
Telephone Number 758-9691
Legal Description: Lot 4 in Block 1 of Broadmoor, P.B. 2, P. 37,
of the Public Records of Dade County,.,, Florida.....
Owner's Name KMa= jC=
Mailing Address 13500 S.W. 72nd Avenue, Mani, Florida.
Telephone Nu3mber -4 1Q
Legal DescriPUCE: • West % of Lot 6, Block 3 of Elwood Overt, P.B. 9, P. Is:
of the Public laeoords of Dude County, Florida.
Any other real estate property -owned individually, jointly, or severally
(by corporation, partnership or privately) within 3766 of the subject
site is listed as follows: • •
Street Address
(Villa Enterprises, Inc.)
352 N.E. 32nd Street
Street Address
( Betty Wales)
vacant property _
L•t 15 Qi- y 3s �'- r I .:.-t-ram
Street Address r Ax-
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}
.
• Legal otscription
West 43 feet of Lot 7, Block 3,
Elwood Couzrt, P:B. 9, P. 181 of the
Public Facards of Dade County, Florida
• Legal Description
Lots 2 a 3, Block 1, Btoadmoor, .
lt.B." 2, P. •37 of the Public 'tacosds
of Dade County, Florida
Legal Descri tion
.
• Legal otscription
West 43 feet of Lot 7, Block 3,
Elwood Couzrt, P:B. 9, P. 181 of the
Public Facards of Dade County, Florida
• Legal Description
Lots 2 a 3, Block 1, Btoadmoor, .
lt.B." 2, P. •37 of the Public 'tacosds
of Dade County, Florida
Legal Descri tion
Spec. Excep.
DISCLG UM Of oca HIP
1. Legal description and street address of subject real propertys
East 24 feet of Lot 1, and all of Lots 2,3,4,5#fi of Block 3,
Elwood Court$ P.B. 9, P. 181, and Lots 506,7,8,q,10 and the
east 14 feet of Lot 11, Block 1 of Broadmoor, P.B..2, P. 37 of
the Public Records of Dade County, Florida.-314,324, a 334 N.E. 32nd Street,
3101 Biscayne Boulevard ,403 N.E.31st MOM N.E. 32rd St. A97,33502 .321 N.F.31st At.
2. Owner(s) of subject real property. and percentage of owners h p.
Notes City of Mibmi Ordinance No. 5419 requires disclosure of all parties
av ng a financial interest, either direct or indirect, in the subject
matter of a presentation, request. or petition to the City Comission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
SEE EXHIBIT A ATTACHED
-{ 3. Legal description and street address of any real property (a)
owned by any party listed) in answer to question t2, and (b) located within
375 feet of the subject .real property.
a (a) Villa Ente rises Inc. - West 45 feet -of Lot 7, Block 3,
,woo our , 181 of the Public Records of
Dade Countyy, Florida
1 352 N.E. 32nd Street
(b) BettX Wales - Lots 2 s 3, Block 1, Broadmoor, P.B. 20
P:37 ofi Public Records of Dade County, Florida
vacant property
H is 3, t c. 31 ,- �•r t
ALAN S. GOLD
STATE OF FURMA ) M
COMM OF DAZZ )
ALM S . GOLD
being y ad
says at e s e nx orney of Owner) rr) ofthe real property
described in answer to questidn il, abovel that be has read the foregoing
answers and that the name are trM and coupletet and (1& acting as attorney
for owner) that he bas authority to execute this Di of Ownership
form on behalf of the owner. A ,^ . .
am', TO no
before - Ws
d► of 85 .
321
urY F01.100,
flor�dl�
!i:'.,ry "111.!^. -"ATE 'IF FIVIfTM
STATt OP P'WRIDA ) SS t
CC ufm OF ME )'
Alan S. Gold being duly sworn deposes and
- 3151 sociate ,Ltd., 'Villa
says at a �s u y ap�Jo t attorney _ $ rises,
the owner of the real prapettY descr ans
wer swer to goes on , i �p
that he has read the foregoing answerst that the awe are true and rom- Inc• ► Betty
pletes and that he has the authority to execute this Disclosure of Omt- Wales and
ship form on behalf bf the &&*r. Kenyon Jones
ALAN S. GOM
Smm TO *%M SUBSChIB
before this •?a?
day of • •
Phi COMM SSIC \ L PIPESS
NOTARY PUILIC STATE OF FLORMA
NY CO"MISSION EXP. JAM 28•1989
BONDED THRU GEMERAL INS. Me
I1
001,
votary c, Tate
Florida at Large
a`
k
� t
i
1;
91- 32t
.
F
a
z
EXHIBIT A -
(a)
3101 Associates Ltd, is a Florida limited partnership with
its offices at 258 N.E. 27th Street, Miami, Florida
ALAN J. KLUGER, General Partner 10%
258 N.E. 27th Street, XiaMi, Florida
ALAN J. KLUGER, Individually 22.30
258 N.E. 27th Street, Miami, Florida
ALAN J. KLUGER, as Trustee 4st
258 N.E. 27th Street, Miami, Florida
SETA VA1ZNER 2 2. S 6
'
258 N.E. 27th Street, Miami, Florida
LEGAL
DESCRIPTION OF PROPERTY OWNED BY 3101 ASSOCIATES LTD.
East 24 feet of Lot 1 and Lots 2,3,4,5 of Block 3,
Elwood Court, P.B. 9, P. 181, and east 14 feet of
Lot 11, and Lots 5,6,7,8,9,10 Block 1, Broadmoor,
P.B. 2, P. 370of the Public Records of Dade County,
Florida - 314 N.E. 32nd St., 3101 Biscayne Boulevard, 325 N.E. 31st St.,
324 N.E. 32nd St., 334 N.E. 32nd Street, 321 N.E. 31st Street, 403 N.E.
31st Street, 407 N.E. 31st Street and 335 N.E. 31st Street.
(b)
Villa Enterprises, Inc. is a Florida corporation with
its offices at 9061 S.W. 82nd Street, Miami, Florida 33173
JOSEPHINA VILLANUEVA 1000
9061 S.W. 82nd Street, Miami,
Florida 33173
LEGAL
DESCRIPTION OF PROPERTY OWNED BY VILLA ENTERPRISES, INC.
East % of Lot 6, and beginning S.E. corner of Lot 6, then
South 6 foot, then West 30 feett then North 6 feet, then
East along Southline of Lot 6, 30 feet to boundary liner
of Elwood Court, P.B. 9, P. 181, of the Public Records of {
Dade County, Florida.
352 N.E. 32nd Street '
(C )' BETTY WALES
3400 South Ocean Boulevard,
Palm Beach, Florida
"LEGAL DESCRIPTION OF PROPERTY OWNED BY BETTY WALES
Lot 4 in Block 1 of Broadmoor, P.B. 2, P. 37,
of the Public Records of Dade County, Florida.
415 N.E. 31st Street
MY M M
1350a S.W. 72nd Avenue,
Mimi, Florida
LEGAL DESCRIPTION OF PROPERTY OWNED BY KENYON JONEB
West of Lot 6, Block 3, of Elwood Court; P.H. 9,
1 P. 111, of the Public Records of Dade County,
Florida. .
j 350 NX, 32od Strmt
k
J-85-813
8/7/8 5
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE N0. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY
340-352 NORTHEAST 32ND STREET AND
APPROXIMATELY 335-415 NORTHEAST 31ST STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM RG-3/6 GENERAL RESIDENTIAL TO
CR•-3/7 COMMERCIAL -RESIDENTIAL (GENERAL)
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 21 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO.
9500 BY REFERENCE AND DESCRIPTION IN ARTICLE
31 SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of July 15,
1985, Item No. 8, following an advertised hearing, adopted
Resolution No. ZB 97-85, by a 7 to 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 toning 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. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
(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;
(W 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 develop-
ment of adjacent property in accord with existing
regulations;
(m) will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare;
Section 3. Page No. 21 of the Zoning Atlas, made a part
of Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances, code sections, all parts $`
thereof in conflict herewith are hereby repealed insofar as they
are in conflict.
Section 5. Should any part or provision of this Ordi-
nance be declared by a court of competent jurisdiction to be 4
invalid, the. same shall not affect the validity of the ordinance
as a whole.
�. PASSED ON FIRST READING BY TITLE ONLY this 24� th day of
ti
r
3
\
$
\
&
day of kOVMaER 4 1985.
T
T4eUk
t
PREPARED AND APP90VED BY:
APPROVED
UA�
a A
A;sistant City Attorney City Attorney
GMM/Wgc/ab/508
m,HaK|■rko meC,to .F
hab cn|f!hlonlh, ..�yof__ __
mb�A, D. g. *jv a ■u||, true and correct c t
and t r ping o d�nanc was <: it the Soe h Door
of m%: Daa: L ««mq inn NOuw at ih place pmQ d
for n ti s and Fublca'.Qn by Gmc i; suid c my to
the 6 provided therefor.
v■__/\i lWITNES my h n. nd the uQ
D. 19Cityom. _ day
:
. ' it'C■rk
�
. . .. . . .
-Mayor