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07/17/90 10 8 0 4
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE N0. 11000 (EFFECTIVE SEPTEMBER 4,
1990), THE NEW ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING
THE ZONING CLASSIFICATION FOR PROPERTY
LOCATED AT APPROXIMATELY 598 NORTHWEST 49TH
AVENUE AND 4901 NORTHWEST 5TH STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
FROM R-2 TWO FAMILY RESIDENTIAL (FOR
APPROXIMATELY 4901 NORTHWEST 5TH STREET) AND
R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL
(FOR APPROXIMATELY 598 NORTHWEST 49TH AVENUE)
TO C-1 RESTRICTED COMMERCIAL; BY MAKING
FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NUMBER 31 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board at its meeting of
June 6, 1990, Item No. 3, following an advertised publio hearing,
adopted Resolution No. PAB 42-90, by a 6 to 0 vote, RECOMMENDING
APPROVAL of the request to amend the Zoning Atlas as hereinafter
set forth; and
WHEREAS, the City Commission, by Ordinanoe No. 10726,
April 26, 1990, has approved a similar ohange of zoning as an
amendment to Zoning Ordinanoe 9500; and
WHEREAS, the City Commission, after oare£ul oonsideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the zoning atlas as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF THE CITY OF MIAMI, FLORIDA:
Seotion 1. The Zoning Atlas of Ordinanoe No. 11000
(Effeotive.September 4, 1990), the new Zoning Ordinanoe of the
City of Miami, Florida, is hereby amended by ohanging the zoning
olassifioation, from R-2 Two Family Residential (For
Approximately 4901 Northwest 5th Street) and R-4 Multi Family
High Density Residential (for approximately 596 Northwest 49th
10804
AWN
Avenue)
to C-1 Restricted Commercial, for property located
at
approximately 596 Northwest 49th Avenue and approximately 4901
{
N.W. Sth
Street, Miami, Florida, more particularly described
as
S. 161.3
feet of Tract A and all of Tract B, ZULETA, according
to
the plat
thereof, as recorded in Plat Book 103 at Page 32 of
the
Public Records of Dade County, Florida.
Section 2. It is hereby found that this zoning
classification change:
a.
Is in conformity with the adopted Miami
Comprehensive Neighborhood Plan;
b.
Is in harmony with the established land use
pattern;
c.
Is related to adjacent and nearby districts;
d.
Is not out of scale with the needs of the
neighborhood or the City;
e.
Maintains the same or similar population density
pattern and thereby does not increase or overtax
the load on public faoilities such as schools,
utilities, streets, eto.;
f.
Existing district boundaries are illogically drawn
in relation to existing conditions on the property
proposed for change;
g.
Is necessary due to changed or changing
conditions;
h.
Has the same or similar impact on drainage as the
existing classification; and
i.
Has the same or similar impact on light and air to
adjacent areas as the existing classification.
J.
Has the same or similar impact on property values
in the adjacent area as the existing
classification; and
k.
Will contribute to the improvement or development
of adjacent property in accord with existing
regulations.
Section 3. Page No. 31 of the Zoning Atlas, made a part
of
Ordinance No. 11000 by reference and description in Article
3,
-2-
10804
.
Section 300 thereof, is hereby amended to ref leot the changes
made necessary by this amendment.
Section 4. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective forty-five
(45) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
July 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of October
ATT T•
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
'/rC.-� C • 71 .., � CSC'
J L E. MAXWEL
()IIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTN
JO GE FE NANDEZ
CI Y ATTORNEY
JEM/db/M654
XAVIER L. SUAREZ, MA
-3-
10804
RECEIVED
I990 NOV -6 AN iq, 22
MATTY
CITY Cum
CITI` OF WiV.9I,
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
Sookle Williams, who on oath says that she is the Vice
President 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. 10804
In the ......... , . X.A.X. . ................... Court,
was published In said newspaper In the Issues of
November 1, 1990
Affiant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published In said Dade County, Florida each day (except
rday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the fir ubllcation of the attached copy of advertisement, and
afflan fu her says that she has neither paid nor promisea any
perso , f or corporation any discount, rebate, commission
or re for the urpose of securing this advertisement for
publl on In the at newspape ,
..... .....
i ,»e9rMdr14*lo qnd subscribed before me this
PtAi ,L�Q VIE 0,
A.D. 19.. 9 d.
(SEALi jr«i
OF 0
"11MCIAL NOTAV SEAL•
} CHERYL H. M ARM{ER
MY CONN. EXP. 4/12/92
i
CITY Oil MIAINI, FL6WD1' ;'
LECIAL NOTICE
All interest4d.parsons Will take notice that on Atha nth d"yL Ofi
October,1990, the City Commission of Miami, Florida, adopted the',
following titIp ordinances: r
.• ORDINANCE NO.111409.
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1l i,3, 4
AND 5 OF OR,bINANCE 140.10848, THE ANNUAL'APPROPRIA•
TIONS'ORDINANCE.FOR THE FISCAL YEAR ENDING SEPTEM-
SER 30, 1990,`ADOPTED SEPTEMBER 28, 1989,;AS AMENDED,
FOR THE PURPOSE OF IMPLEMENTING`SUDOETAIRY.AWUST
MENTS TO COMPLY WITH GENERALLY ACCEPTED ACCOUNT
!NG PRINCIPLES AS; OUTLINED BY, THE-C)TY'S. EXTERNAL
AUDITORS;: CONTAINING A:REPEALER PROVISION''AND
'A
SEVERAMILITY CLAUSE.
ORDINANCE N0;16804
AN ORDINANCE AMENDiNCi'TkE ZONING ATLAS OF ORDI�
NANCE 140.11006 (EFFECTIVE'SEPTEMBER 4, 1990),•.THE: NEW
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CHANGING THE ZONING CLASSIFICATIONFOR
PROPERTY: LOCATED°AT APPROXIMATELY 598:NORTHWEST"
49TH AVENUE AND,.4961 NORTHWEST 5TH:STREET, MIAMI;
FLORIDA'(M,ORtPARTICULARLY DESCRIBED.IiE[iE1N), FROM -
R-2 TWO FAMILY' RESIDENTIAL (FOR: APPROXIMATELY 4901
NORTHWEST 5TH STREET) AND R-4 MULTI FAMILY HIGH,DEN• ,
SIN RESIDENTIAL,(FOR;APPROXIMATELY'598'NORTHWEST
j. 49TH AVENUE) TO,C•1 RESTRICTED COMMERCIAL; BY MAKING
"FINDINGS; AND BY,MAKING'ALL .NECESSARY CHANGES ON
PAGE NUMBER 31` OF SAID ZONING' ATLAS;: CONTAINING A
REPEALER PROVISION.AND SEVE4ABIL(TY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE • ' .4 ;
ORDINANCE NO 108d5
5
AN EMERGENGY ORDINANCE,AMENDING SECTION 39 iT";OF
THE'CODE OF TA CITY OF MIAMI, FLORibA, AS AMENDED;
BY PROHIBITING VEADING FORA ONE-YEAF PERIOD ON THE
FLAGLER`STREET'bEMONSTRATION>BLOCK (NORTW,4ND
SOUTH SIDES;OF F,LAt3L'ER STREET.BETWEEN MIAMI AVENUE
_AND'EASrFIRST:�AVENUE7; CONTAININGA•REPEALER;PRO�
VISION, SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC-
TIVE DATE:
ORDINANCE NO.10M
AN ORDINANCE""AMENDING ORDINANCE' NO. 1if:I6 ";'AS
G
AMENDED, THE�NEW :ZONINORDINANCE OF THE CITY OF.
MIAMI, FLORIDA BY AMENDING`.THE`.OFFICIAL SCHEDULE
OF DISTRICT. RE,GULATIONS;:AND ARTICLE 4 ZONING'DISq
TRICTS R-2 TWO FAMILY RESIDENTIAL DISTRICT, PERMITTED
PRINCIPAL`USE R-3 MULTI,FAMILY MEDIUM DENSITY RES14
DENTIAL, CONDITIONAL PRINCIPAL USES, R-4 MULTIFAMILY,
HIGH DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL,USES,
AND O.OFFICE, CONDITIONALPRINCIPAL USES, TO CORRECT `<
ERRORS, BY, REFINING DISTANCE REQUIREMENTS AND
REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY
BASED RESIDENTIAL FACILITIES, CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE,�'AND,PROVIDI C'=AN
EFFECTIVE DATE. N
Said ordinances may be Inspected by the public aI the Offioe p(,
the City Clerk,`3500 Pan American Drive, MlarrtI Florida, Monday:
through Friday; aiccludlnq holidays, between the hours of 8;00 a.m.
and 5:00 p.m.
MATTY HIRAt
CITY CLERK
MIAMI, FLORIDA
(8320)
9041-110132M
PZW1
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
May 16, 1990
PETITION 3.
S.161.3' of Tract A and
All of Tract B
ZULETA (103-32) P.R.D.C.
Consideration of a change of zoning
classification in the official zoning atlas of
Ordinance 11000, as amended, the new Zoning
Ordinance of the City of Miami, to become
effective September 4, 1990, for the subject
property from R-2 TWO FAMILY RESIDENTIAL (for
approximately 4901 N.W. 5th Street) AND R-4
MULTI FAMILY HIGH DENSITY RESIDENTIAL (for
approximately 596 N.W. 49th Avenue) to C-1
RESTRICTED COMMERCIAL.
(Note:This item is similar to a change of zoning
in Zoning Ordinance 9500 approved by Ordinance
10725)
REQUEST To change the of zoning classification of the
subject property from RG-4 for 596 NW 49 Avenue
and R-2 for 4901 NW 5 Street to C-1.
RECOMMENDATION
PLANNING DEPARTMENT Approval.
BACKGROUND The City Commission,
by Ordinance 10726, April
26, 1990, has approved a similar change of
zoning as an amendment
to Zoning Ordinance 9500.
ANALYSIS The proposed change
is consistent with the
Future Land Use
Element of the Miami
Comprehensive Neighborhood Plan 1989-2000 (MCNP)
designation of Restricted Commercial. However,
Planning Department
is concerned about the
potential of more intense land uses to be
introduced along NW 5
Street, NW 49 Avenue, and
ultimately into the
low density residential
area. In addition,
there will be a traffic
impact as the access
to NW 7 Street from the
south of the subject
property will be through
l:1�
the stable residential neighborhood. (See
Analysis attached)
PLANNING ADVISORY BOARD At its meeting of June 6 , 19909 the
Planning Advisory Board adopted
Resolution PAB 42-90 by a 6-0 vote, -"-
recommending approval of the above.
CITY COMMISSION At its meeting of July 26, 1990, the City
Commission passed the above on First Read-
ing.
At its meeting of September 27, 1990, the
- City Commission continued the above.
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S 2 A 4' Ordinance 11000
N.B,Zoning Atlas
I 4 TER
R Change
j 97 ^ 1
3 94 99 9e 96 1 2 Adpprox: 596 N.i
j .+
10 4 3 49 Ave. and
Approx: 4901 N.1
5th Street
3 103 O2 100 Z 13 14 19 I s ! 7 1 • 20
101 i From: BC-4 for
19 • 596 N.W. 40 Ave
P.
iV.iN h 10!
and 8-2 for 490:
4 ST N.W. 5th street
3 A • • 3 d 34f m • I TO: C-1
of � � � �FA866
i
i
dop
�,.
0000
1-- ME13IUM
DENSITY
MULTI
FAMILY
f
I!
_ N.W.
W ME13IUM
�c DENSITY
MULTI
FAMILY
ST.
i I I'
N.W.�
TERR .
7
mmp 1989-2000 W
ST.
ST.
W.
ordinance 11000
Zoning ATlas
Change
Approzz. 596 N.H.
49 Ave. and
Approz: 4901 N.N
5th Street
Fras: BC.-4 for
396 N.H. 40 Ave.
and R-2 for 4903
+ now. 5th street
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Ordinan'I'TrOOO
ce
JZoning Atlas
Change
Approx: 596 N.W.
49 Ave. and
Approx: 4901 N.I
5th Street
From: RGL-4 for
596 N.W. 40 Ave
and R-2 for 490.
N.W. 5th Street
PAS 6/6/90
/0001,
ANALYSIS
vacNo
:{ The proposed change is in harmony with the
adopted Miami Comprehensive Neighborhood
Flan 1?89-2000, and does not recuire a plan
amendment. `
:{ The proposed change is in harmony with the
bl estaished 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.
;{ The proposed change maintains the same.. or. similar
population density pattern and thereby the load on
public facilities such as schools, utilities,
streets, atc. is the same.
X Existing district boundaries are illogically drawn
in relation to existing conditions on the. property
Proposed for change.
:{ There are changes or changing conditions that
make the passage of the proposed change
necessary.
:{ The proposed change posit=rely influences living
conditions in the neighborhood.
:{ The proposed change has the same or similar
impact on t=affic and does not affect
public safety as the existing classification.
:{ 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.
:{ The proposed chance has the same or similar impact
on property values in the adjacent areas as the
existing classification.
X The proposed change will contribute to the
improvement or development of adjacent property in
accord with existing regulations.
j ea
:: '^�e c_- -csea=:.3age c:�reva t e =ame tro3r�enz :t
t :a �:Za �r •M c•.rmer as to c :e owner t ne
same c_assi:::=z=cm an= t!m os.ata area: ana
t :e ���r��-i•��Z .7Z toG Cial�ws i1ie�Z-��_
.wese axe -_azc= wily !:::a use c= ::..a
a=;Ws=" :s uncer es.rst• :=
zaaz.:a.
:s - '• es d= rj: -' find orher
area for tie p===act use i
: uz=z:=:: sucw use.
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Apr11 19, 1990
Mr. Joseph McManus
City of Miami Planning Department
275 N.W. 2nd Street
3rd Floor
Miami, Florida 33125
Re: Tracts A and B, Zuleta Subdivision, Plat
Book 103, Page 35, Public Records of Dade
Dear Joe:
As you are aware, per our telephone conversation, a rezoning
of the Property referenced above to CR-2/7 will be considered by
the City Cosmaission on second reading at its regular April 26, 1990
public hearing (Notice of hearing attached as Exhibit A).
This application was initiated under City of Miami Zoning
Ordinance 9500, while the now City Zoning Ordinance (number 11000)
was still under consideration, but not approved. We were advised
at the time we filed this application that, if approved, the
10804,'_q
Mr. Joseph McManus
April 19, 1990
Page 2
Planning Department would file a corrective zoning application
under Ordinance 11000.
As this application may receive final zoning approval on April
26, 1990, this letter is our formal request of you and the Planning
Department to initiate any steps necessary to revise the Official
Zoning Map for Ordinance 11000 to reflect a zoning category that
is consistent with the requested CR-2/7 district regulations, upon
said approval.
Thank you for yt'ur attention to this matter. you have any
questions, please do not hesitate to call.
0 urs, Very tr
GoL ST=
JGG:brm
cc: Ms. Gloria Fox
Robert H. Traurig, Esquire
01/19M\JGG\M0"WS.LTR
10804
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FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
(the "First Amendment") by MR. GARY SPIRER and CAPITOL HILL
INVESTMENT COMPANY, a New York general partnership, fee -simple
owners of the subject property ("Owners"), in favor of the CITY OF
MIAMI, FLORIDA, a municipality in the State of Florida, amends the
Declaration of Restrictive Covenants located at Official Records
Book 14619, Page 1329 in the Public Records of Dade County, Florida
(the "Original Covenant")
R E C I T A L S:
WHEREAS, the Owners control fee -simple title to certain
property (the "Property") in the City of Miami, Florida (the
"City") legally described as
Tracts A and B, Zuleta Subdivision, Plat Book
103 on Page 32, public records of Dade County,
Florida.
WHEREAS, the Property was rezoned in 1990 under City Ordinance
No. 9500 from CR-2/7, RG-3/6 and RG-1/3 to CR-2/7 (the "Rezoning");
and
WHEREAS, Ordinance No. 9500 expired on September 4, 1990 and
was replaced by Ordinance No.
September 4, 1990; and
11000, which takes effect on
Prepared by:
Joseph G. Goldstein, Esq.
Greenberg, Traurig, Hoffman, O 4
Lipoff, Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131 Ica
..
WHEREAS, the City of Miami Planning Department agreed at the
time of the Rezoning to apply to the City Commission to modify the
zoning designation under Ordinance No. 11000 to reflect uses
commensurate with those approved pursuant to the Rezoning; and
WHEREAS, the City of Miami Planning Department, in recognition
of the Rezoning of the Property, has applied for C-1 zoning under
Ordinance No. 11000; and
WHEREAS, the Original Covenant was proffered and recorded in
recognition of the Rezoning and the City seeks to have the original
obligations apply to the pending change under Ordinance No. 11000
except those that have been met or are amended herein; and
WHEREAS, the obligation contained within paragraph D of the
Original Covenant has been paid to and accepted by the City and
has, therefore, been met; and
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 additional covenants running
with the land and binding upon the Owners of the Property, their
successors and assigns, as follows:
.1. The foregoing recitals are true and correct and are made
a part of this First Amendment.
2. The City and the Owners desire to amend and modify as set
forth in this First Amendment certain rights, obligations and
conditions contained in the original Covenant.
3. Paragraph G of the Original Covenant is hereby amended
as follows:._
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10804
.G. Term of Covenant. This voluntary covenant on
the part of the Owners of the Property, their successors
and assigns, shall remain in full force and effect and
shall be binding upon the Owner of the Property, its
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 or,
as long as buildings constructed on the Property in
accordance with the C-1 zoning district regulations
remain on the Property, whichever is longer, unless
modified, amended or released prior to the expiration
thereof.
4. For the reasons stated in the foregoing Recitals, para-
graph D of the Original Covenant is hereby deleted.
5. The Owners and City agree and recognize that, except for
the amendments herein contained, all other provisions of the
Original Covenant remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of , 1990.
Witnesses: GARY SPIRER
By:
CAPITAL BILL INVESTMENT COMPANY,
a New York General partnership
By.
10804
'()(2,
14"*) 11"`,
STATE OF NEW YORK )
SS:
COUNTY OF )
Before me, the undersigned authority, personally appeared Gary
Spirer, Owner, who acknowledged on this day of August, 1990,
that he had the authority to execute the foregoing instrument for
the purposes expressed therein.
NOTARY PUBLIC
STATE OF NEW YORK AT LARGE
My Commission Expires:
STATE OF NEW YORK
) SS:
COUNTY OF NEW YORK )
Before me, the undersigned authority, personally appeared
, as a partner of Capital Hill Investment Company, a New
York General Partnership, who acknowledged on this �, day of
August, 1990, that he had the authority to execute the foregoing
instrument for the purposes expressed therein.
My, Commission Expires:
NOTARY PUBLIC
STATE OF NEW YORK AT LARGE
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10804
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