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HomeMy WebLinkAboutO-10497J-88-765 8/1/88 ORDINANCE NO. 10497 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 2101 NORTHWEST 19 TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO MODERATE -HIGH DENSITY RESIDENTIAL; AND MAKING FINDINGS. WHEREAS, the Miami Planning Advisory Board, at its meeting of July 6, 1988, Item No. 2, following an advertised hearing adopted Resolution No. PAB 66-88, by a 7 to 2 vote, RECOMMENDING APPROVAL of an amendment to the Miami Comprehensive Neighborhood Plan and Addenda (September 1985), as hereinafter set forth: and WHEREAS, the City Commission, after 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 Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami Comprehensive Neighborhood Plan and Addenda (September 1985), is hereby amended by changing the designation of that certain parcel of real property located at approximately 2101 Northwest 19th Terrace, Miami, Florida, more particularly described as Lots 43 through 50, inclusive, less dedications, Block 2, ALEXANDER COURT, as recorded in the plat thereof, recorded in Plat Book 26 at Page 65 of the Public Records of Dade County, Florida, from Moderate Density Residential to Moderate -High Density Residential. Section 2. It is hereby found that this Comprehensive Plan designation change: a. Is necessary due to changed or changing conditions: b. The property which is the subject of this amendment has not been the specific subject of a Comprehensive Plan change within the last year; and 4 n A rx- C. The herein amendment does not involve the same owner's property within 200 feet of property provided a Comprehensive Plan change within the last 12 months. Section 3. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 27th day of September , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of October ATTEST: l:11'Y LLZNA PREPARED AND APPROVED BY: E. MAXWELL ' STANT CITYATTORNEY S JEM/db/M375 XAVIER L. SUAREZ MAYOR APPROVED AS TO FORM AND CORRECTNESS: JOR E L FE ANDEZ CI ATTORN Y - 2- 10497 Fine Jacobson Schwartz Nash Block & England One CenTrust Financial Center 100 Southeast 2nd Street Miami, Florida 33131 (305) 577-4000 Fax (305) 577-4088 c January 10, 1989 Ms. Edith Fuentes VI1 -Mrs i�l Director '1� City of Miami Building and Zoning Department's 275 N.W. 2nd Street Miami, F1 33130 Re: Moises and.-.Fortuna=--Bichachi N.W 19th Terrace Rez6h n Dear Edith: I have enclosed a check in the amount of $5,000 which is the voluntary contribution which my clients proffered to the City Commission in connection with the above referenced matter. This contribution is provided to you in accordance with the January 5, 1989 letter from Miriam Maer, a copy of which is enclosed. Thank you for your kind attention and consideration to this matter. SJH:sm cc: Miriam Maer Guillermo Olmedillo Gloria Fox James J. Kay Mattie Hiraif 06633.0001 WPRL:3LT0110SJH Courthouse Plaza 750 Southeast 3,d Avenue Ft. Lauderdale, Florida 33316 (305) 462-2800 Fax (305) 462-4503 Sincerely, e hen J. Helfman Barnett Bank Building • Suite 348 315 South Calhoun Street Tallahassee, Florida 32301 (904) 681- 9500 Fax (904) 681- 6651 . Clt#g a� �t�txrct OP JORGE L. FERNANDEZ t V City Attorney i■o■ki iim■ _ January 5, 1989 Stephen J. Helfman, Esq. Fine, Jacobson, Schwartz, Nash, Block & England One CenTrust Financial Center 100 Southeast 2nd Street Miami, Florida 33131 Re: Moises and Fortuna Bichachi, N. W. 19th Terrace Rezoning - Our File No. A-88-199 Dear Mr. Helfman: (305) 579-6700 Telecopier: (305) 374-4730 In response to your letter dated December 16, 1988, I have reviewed the City's covenant procedures. It is -.my understanding the covenant and documents and other instruments, including checks',. be submitted to Edith ''Fuentes, Director, Department of Building & Zoning. Her department -is charged with the responsibility of receiving the original covenant (after its approval as to form and correctness by this office), ensuring the recordation and appropriate filing thereof, and subsequently verifying that building permits or other approvals are issued only in accordance with the terms of the covenant. Therefore, it appears that the voluntary contribution to which you refer in your letter should be delivered to Edith Fuentes or her designee. Sincerely, �aVmalI ^` Assistant City Attorney GMM/ema/031 cc: Edith M. Fuentes, Director, Building & Zoning Department Guillermo Olmedillo, Deputy Director, Planning Department Gloria Fox, Building & Zoning Department James J. Kay, Chief Design Engineer, Public Works Department Mattie Hirai, City Clerk OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131 Stephen j. Helfman Fine Jacobson Schwartz Nash Block & England One CenTrust Financial Center 100 Southeast 2nd Street Miami, Florida 33131 Ms.Mattie Hiari City Clerk's Office City of Miami 3500 Pan American Drive Dinner Keys, FL 33133 3 1!3 DEC -G PI I: 39 ICITY CLERK .`.'ITI'0F WAMII, FLA. lTER-G EaCE-,IEN10RANDUNI Edith Fuentes, Director Building and Zoning Department G. Miriam' Assistant City Attorney December 1, 1988 A-88-199 Covenant/Bichachi 2101 Northwest 19 Terrace PZ-10 City Commission Meeting of 9/27/88 -,CLOSURES ( one ) Enclosed is the original Covenant and check for recording in the above -referenced matter. GMM/rcl/P496 enclosure cc: Guillermo Olmedillo Deputy Director Planning Department Edith Fuentes, Director Building & Zoning Department Joseph A. Genuardi Zoning Administrator Santiago Jorge -Ventura Building Official Gloria Fox, Chief Hearing Boards Division James J. Kay Chief Design Engineer Public Works Department Matty Hirai City Clerk Mvq -) Fine Jacobson Schwartz Nash Block & ' England One CenTrust Financial Center - 100 Southeast 2nd Street : Miami, Florida 33131 Telephone (305) 577-4000 (� Telecopier (305) 577-4088 (' Cable FLORIDALAW Telex 522726 November 1, 1988 Clerk of the Court City Clerk's Office 3500 Pan American Drive Dinner Key, FL 33133 Re: Recording of Declaration of Restrictions TO WHOM IT MAY CONCERN Enclosed is a four (4) page Declaration of Restrictions together with a check in the amount of $19.50 for recording. I would greatly appreciate it if you would record this document and return it to me with the enclosed stamped envelope. If you have any questions please do not hesitate to contact me. SJH:sm t Very truly yours Stephen J. Helfman Ft. Lauderdale Office 750 Southeast 3rd Avenue Ft. Lauderdale, Florida 33316 Telephone (305) 462-2800 Telecopier (305) 462-4503 Cable FORTLAW 1711c Jrrrnhscur .1'c /rrrrr(•1 _ \(IS/r Bloc'/, ()tn, (.'rtrlI•rrst 1YIwirl (Ir! 10O.1c,rrllrc lisl 2/0 Wrec'l 41i(tJJtl. 1 /nJ•(�lrt i it it FIN ( In [HE _ Clerk of the Court OPERATING ACCOUNT NO. 14156 10 City National Bank OF MIAMI MIAMI, FLORIDA 33130 63-436/660 VOID AFTER 180 DAYS DAI E COW ROL NO. AMOUN T 11-01-88 14156 $19.50 11'000 L4 L5611' 11:0660043671: L00 L46 L??40 L DECLARATION OF RESTRWf.CION51 ;? ! :36 This is a Declaration of Restrictions ( the "Declara- tion") made this 6th day of October 1988 by Moises B. Bichachi and Fortuna Bichachi (the "Owners") in favor of The City Of Miami (the "City") RECITALS The Owners are the owners of the real property legally described on Exhibit "A" to this Declaration (the "Property"). The Owners desire to develop the Property in a manner compatible with the surrounding properties and in order to insure that such compatible development does in fact occur, the Owners make the following Declaration of Restrictions covering and running with the Property: DECLARATIONS 1. Height Limitation. The height of any building constructed on the Property shall not exceed forty-five (45) feet. 2. City Contribution. A contribution in the amount of $5,000.00 shall be paid to the City of Miami within thirty (30) days of the acceptance of this Declaration by the City Com- mission which contribution shall be used by the City for any valid public purpose. 3. Affordable Housing. To the extent permitted by law, the Owners agree that in the event the Owners construct dwelling units on the Property, said units shall be maintained as affordable and liveable housing units. Said units if one (1) bedroom units shall be at least 500 square feet and if two (2) bedrooms units at least 650 square feet. 4. Binding Effect. The restrictions set forth in this Declaration during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the public welfare. This Declaration on the part of the Owners shall constitute a covenant running with the land and may be recorded in the public records of Dade County, Florida, and shall remain in full force and effect and be binding upon the Owners ,their heirs, successors and assigns until such time as it is modified or released. 5. Term. This Declaration is to run with the Prop- erty and shall be binding on all parties and persons claiming under them for a period of thirty (30) years from the date it is recorded, after which time it shall be extended automatically for successive periods of ten (10) years, unless an instrument signed by a majority of the then owner(s) of the Property has been recorded agreeing to change the Declaration in whole, or in part, provided the Declaration has first been released by the City. 6. Modification. This Declaration may be modified, amended or released as to the Property or any portion thereof, by the owner(s) of the fee simple title to the portion of the Prop- erty to be affected by such modification, amendment or release provided that the same is also approved by the City Commission or City Zoning Board (whichever by law has jurisdiction over such matters) after public hearing. Should this Declaration be so modified, amended or released the Director of the City Building and Zoning Department or Zoning Administrator, or his successor shall forthwith execute a written instrument effectuating and acknowledging such modification amendment or release. 7. Enforcement. Enforcement shall be by action at law or in equity against any party or persons violating or attempting to violate any covenants contained in this Declara- tion, either to restrain violation or to recover damages. The prevailing party in such action or suit, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the serv- ices of his attorney. 8. Severability. Invalidation of any one of the pro- visions of this Declaration by judgment of court in no wise shall affect any of the other provisions which shall remain in full force and effect. L -2- Signed, sealed, executed and acknowledged this day of October 1988. WITNESSES: r Moises B. Bichachi o tuna Bichachi ACKNOWLEDGEMENT State of Florida ) SS County of Dade ) I hereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Moises B. Bichachi and Fortuna Bichachi, to me well known to be the persons described in and who executed the same freely and voluntarily for the purposes therein expressed. Witness my hand and official seal at Miami, Dade County, Florida this day of October, 1988. My Commission Expires: WPRL:IDEC88 021088/1/sm 99990.0001 Notary Ilublic, State o on a -3- EXHIBIT A LEGAL DESCRIPTION Lots 43, 44, 45, 46, 47, 48, 49, 30, in Block 2, ALEXANDER COURT, according to the lat thereof as recorded in Plat Book 26, at Page 65, less the Following described Parcel conveyed to the City of Miami for Road purposes by Quit Claim Deed filed on May 5, 1975, in Official Records Book 3980, Page 1321, of the Public Records of Dade County, Florida. Beginning at the Southwest corner of Lot 43, Block 2, ALEXANDER COURT, according to the map or plat thereof as recorded in Plat Book 26, at Page 65, of the Public Records of Dade County, Florida; thence run East, along the South line of Lots 43 through 50 of said Block 2, for a distance of 180.22 feet to a point of curvature with a circular curve concave to the Northwest; thence run Northeast, along the arc of said circular curve, concave to the Northwest, and having for its elements a radius of 25.00 feet and a central angel of 89 degrees 14' 10", for an arc distance of 38.94 feet; thence run North 0 degrees 45' 50" East, along the East line of said Lot 50, this line also being the West right-of-way line, Northwest Twenty -First Avenue, for a distance of 12.50 feet, to a point of curvature with a circular curve, concave to the Northwest; thence run Southwest, along the arc. of said circular curve boncave to the Northwest, and having for its elements a radius of 25.00 feet and a central angle of 89 degrees 14' 10", for an arc distance of 38.94 feet; thence run West, along a line lying 12.50 feet North of and parallel to the South line of said Lots 43 through 50, both inclusive, for a distance of 180.23 feet, t90 a point on the West line of said Lot 43• thence run South 0 degrees 43'10" i � West, along the said West line of Lot 43, for a distance of 12.50 feet to the Point of Beginning. �: U�J 117 100 Q9. t CITY OF MIAMI, FLORIDA INTER -OFFICE, MEMORANDUM �... I '° Gloria Fox, Chief DATE October 21, 1988 FILE: A-88-199 Hearing Boards Division sua,Ecr Covenant/R i chach i 1 2101 Northwest 19 Terrace PZ-10 City Commission Meeting �M �m Ma r : of 9 /27 88 FROM : 1 a REFERENCES: l / Assistant City Attorney ENCLOSURES: (one) Enclosed is the original Covenant for recording in the above -referenced matter. GMM/rcl/P496 enclosure cc: Guillermo Olmedillo Deputy Director Planning Department Edith Fuentes, Director Building & Zoning Department Joseph A. Genuardi Zoning Administrator Santiago Jorge -Ventura ,Building Official Gloria Fox, Chief Hearing Boards Division James J. Kay Chief Design Engineer Public Works Department -Matty Hirai City Clerk 10497 DECLARATION OF RESTRICTIONS This is a Declaration of Restrictions (the "Declara- tion") made this 6th day of October 1988 by Moises B. Bichachi and Fortuna Bichachi (the "Owners") in favor of The City Of Miami (the "City") RECITALS The Owners are the owners of the real property legally described on Exhibit "A" to this Declaration (the "Property"). The Owners desire to develop the Property in a manner compatible with the surrounding properties and in order to insure that such compatible development does in fact occur, the Owners make the following Declaration of Restrictions covering and running with the Property: DECLARATIONS 1. Height Limitation. The height of any building constructed on the Property shall not exceed forty-five (45) feet. 2. City Contribution. A contribution in the amount of $5,000.00 shall be paid to the City of Miami within thirty (30) days of the acceptance of this Declaration by the City Com- mission which contribution shall be used by the City for any valid public purpose. 3. Affordable Housing. To the extent permitted by law, the Owners agree that in the event the Owners construct dwelling units on the Property, said units shall be maintained as affordable and liveable housing units. Said units if one (1) bedroom units shall be at least 500 square feet and if two (2) bedrooms units at least 650 square feet. 4. Binding Effect. The restrictions set forth in this Declaration during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the public welfare. This Declaration on the part of the Owners shall constitute a covenant running with the land and may be recorded in the public records of Dade County, Florida, and- shall• remain in ull•force and effect and be binding IL049 7 upon the Owners ,their heirs, successors and assigns until such time as it is modified or released. 5. Term. This Declaration is to run with the Prop- erty and shall be binding on all parties and persons claiming under them for a period of thirty (30) years from the date it is recorded, after which time it shall be extended automatically for successive periods of ten (10) years, unless an instrument signed by a majority of the then owner(s) of the Property has been recorded agreeing to change the Declaration in whole, or in part, provided the Declaration has first been released by the City. 6. Modification. This Declaration may be modified, amended or released as to the Property or any portion thereof, by the owner(s) of the fee simple title to the portion of the Prop- erty to be affected by such modification, amendment or release provided that the same is also approved by the City Commission or City Zoning Board (whichever by law has jurisdiction over such matters) after public hearing. Should this Declaration be so modified, amended or released the Director of the City Building and Zoning Department or Zoning Administrator, or his successor shall forthwith execute a written instrument effectuating and acknowledging such modification amendment or release. 7. Enforcement. Enforcement shall be by action at law or in equity against any party or persons violating or attempting to violate any covenants contained in this Declara- tion, either to restrain violation or to recover damages. The prevailing party -in such action or suit, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the serv- ices of his attorney. 8. Severability. Invalidation of any one of the pro- visions of this Declaration by judgment of court in no wise shall affect any of the other provisions which shall remain in full force and effect. -2- � I 1049'7 Signed, sealed, executed and acknowledged this _1l- day of October 1988. WITNESSES: Moises B. Bichachi o tuna Bichachi ACKNOWLEDGEMENT State of Florida ) } SS County of Dade ) I hereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Moises B. Bichachi and Fortuna Bichachi, to me well known -to be the persons described in and who executed the same freely and voluntarily for the purposes therein expressed. Witness my hand and official seal at Miami, Dade County, Florida this day of October, 1988. My Commission Expires: :fV r`.3:.Oaii':d5 WPRL:IDEC88 021088/1/sm 99990.0001 Notary ublic, State o on a -3- I.049 7 0 EXHIBIT A LEGAL DESCRIPTION Lots 43, 44, 45, 46, 47, 48, 49, 50, in Block 2, ALEXANDER COURT, according to the Plat thereof as recorded in Plat Book 26, at Page 65, less the following described Parcel conveyed to the City of Miami for Road purposes by Quit Claim Deed filed on May 5, 1975, in Official Records Book 8980, Page 1321, of the Public Records of Dade County, Florida. Beginning at the Southwest corner of Lot 43, Block 2, ALEXANDER COURT, according to the map or plat thereof as recorded. in Plat Book 26, at Page 65, of the Public Records of Dade County, Florida; thence run East, along the South line of Lots 43 through 50 of said Block 2, for a distance of 180.22 feet to a point of curvature with a circular curve concave to the Northwest.; thence run Northeast, along the arc of said circular curve, concave to the Northwest, and having for its elements a radius of 25.00 feet and a central angel of 89 degrees 14' 10", for an arc distance of 38.94 feet; thence run North 0 degrees 45' 50" East, along the East line of said Lot 50, this line also being the West right-of-way line, Northwest Twenty -First Avenue, for a distance of 12.50 feet, to a point of curvature with a circular curve, concave to the Northwest; thence run Southwest, along the arc. of said circular curve boncave to the Northwest, and having for its elements a radius of 25.00 feet and a central angle of 89 degrees 14' 10", for an arc distance of 38.94 feet; thence run West, along a line lying 12.50 feet North of and parallel to the South line of said Lots 43 through 50, both inclusive, for a distance of 180.23 feet, to a point on the West line of said Lot 43; thence run South 0 degrees 43'10" West, along the said West line of Lot 43, for a distance of 12.50 feet to the Point of Beginning. 1U49'7 PLANNING FACT SHEET APPLICANT Moises B. Bichachi and Florence Bichachi, Owners: Stephen J. Helfman, attorney June 6, 1988 PETITION 2. APPROXIMATELY, 2101 NW 1Q TERRACE Lots 43-50 inclusive, less dedications Block 2 ALEXANDER COURT (26-65) P.R.D.C. REQUEST Consideration of amending the Miami Comprehensive Neighborhood Plan (September, 1985), as amended, by changing the plan designation of the subject property from Moderate Density to Moderate -High Density Residential. To amend the land use designation on the Plan from Moderate Density Residential to Moderate - High Density Residential. The residential area is developed as a mix of duplex, townhouses and low density multi -family buildings. To the north, the area abuts a high intensity liberal commercial district, to the south lies a low density residential district. The introduction of a different land use, limited to the subject property, creates an isolated instance, unrelated to the surroundings. PLANNING DEPT. Denial, the limited scope of the application; for only one-third of the block will not further the purposes of the Comprehensive Plan; there is neither need nor justification for the proposed change. PLANNING ADVISORY BOARD At its meeting of July 6, 1988, the Planning Advisory Board adopted Resolution PAB 66-88, by a vote of 7 to 2, recommending approval of the above to the City Commission. Three proponents were present at the meeting. One reply in favor was received by mail. CITY COMMISSION At its meeting of September 27, 1988, the City Commission passed the above on First Reading. PAB 71.16 j 88 Item #2 Page 1 z0497 140 w asuj 1's r A l 4 Q • TR a TR 4 l Ilk 29 R N P © 304 a 10 tr iY L{ g Z 1{ �O !• 1r_ 1r {T tr 1 ao ao ar 1 an •• .,. asl �ttl i 150i v N. W. 21 ERR. j50 � a"4l at Kt • 6 R t}` i 1 4 2+4 �5 �4 3 1 L - I T C s 9 13 12 i 7 6 1 9 101 11 — � k 1 LA' ALLAPATTAH SUB. 5. I 4 w 7 81 , TRACT7 y�,C 1 t t 4 ao so N. w 20 I. ROYAL SUB' 0 ,4� ' 'o f-- ;4113112lyit 10191876t;'4�3 �< ' Ll�V1 Aj 2CENTERS >27 — t 33i348313�3�•d,�i a1A�1 '% i 2 3 7 7 I. �y!! a q 2 5 ti 8 W.c 4 1 a k9 TERR. 4 9 r 0 43 log 6 2 3 ! 0 10 e q Lu J 1a s 1:, ALLAPATTAH o '4 4•19 14 { A a a COURT - — sue i Y = a ! 2 17 , V s ` • <n I TR, + s - _ "— �" uj IZ g N. W. 18 1a . 1.TERR =N54 1= `}su 2� N1_ 2 li I 41�3 11 tl i 7 i%3 I ? �, _ i' I' - i 6 i g 14 _ n t _2 I i 121 t 4� 1i m ] -+o �14 2, •72 i� �3/ �3 i U1r• - t. t •� y9 1 4 r 1�0 36 N.W. 1 ST N.W. 18 y ST 13�12!11 01 fl 1.7 & 15 4I 3 NC 111C 2 ° 1. j 14'«A%Cg 711 �o t2�i- '� 1�z, P.'�C jU1 v ^'' 22 ���,z. 1U49`7 25 1=tem == 9 3�t N. W. APProx. �101 ,,.:�1.._9th Terr. APB -3 �� fit. � � " • �_� uj r Z v I djW Gwyn t yµ,. 3 a � y •,f i f Y ... xy. �^ ry � sl�t�,W .. rnn�y�., �' '•`.i"1'rt �.Y'�1 .R V�, 11 .. M1'�_t i l t# {ti!•.f,. , r NV W. 20 ST. all �4 ti f "'•. .. R'. gg. 9 gµ,�, ;} 411 Zi y A _ .q W ter, 19 TERR_ O;! z�? _1 ..{•�'*, f i Ire �`? rW -e '!�:�': ..IPA-'i` t .4'�JJ r _ _ to { x ��• �, 9 ST ;:. a.' .. l t r'� F'�d T g � $s o _ '� Y A�rX'••' .' Y i # ,F �t`t-ir x dtn� a'�,o Y -. , � i ,,, 3. i.�,n s -." nfia a, tie. f.... 4+ , ,. .. >�. . PAB 6 Juiy 88+ .�. _ .� ... ., AS 25 Item Al W . ($ .. " ... ST k, Approx. 2I0I N.W. 19th T err. AP-L-B 10497 Fine Jacobson Schwartz Nash Block & England Janet P. Aiiatock Albert E. Dotson, fr. One CenTrust Financial Center Bernard Jacobson Oiim B. Parker ,Nark 1. Aronson Lawrence H. Eaker, Jr. 100 Southeast 2nd Street Bonnie L iak Jimenez Rebekah 1. Patton Charles M. Auslander Kevin M. Emas Miami, Florida 33131 Richard A. losepher Stanley B. Price Brian Belt Arthur 1. England, !r. Theodore Klein William 1. Berger Terry B. Fein Telephone (305) 577-4000 Ana 1. Koff A. Barbara Ressler Thomas Ruffin 111 Pau! Berkowitz G. 1. Fernandax-Quincoces Telecopier (305.) 577-4088 Steven M. Kwartin Andrew L. Salvage Irwin 1. Block Martin Fine Cable FLORIDALAW Peter A. Lakritz Benfamin S. Schwartz Mitchell R. Bloomberg Eric B. Granitur Henry Latimer Telex 522726 Joseph H. Scrota Gary S. Brooks Jorge L. Guerra Gary D. Lipson Stuart L. Simms Anthony J. Carriuolo Marvin C. Cutter Paul R. Lipton Lynn D. Solomon Marilyn 1, W. Cesarano Gerold T. Haffernan Carter N. McDowell Joseph G. Stover Gary J. Cohen Stephen J. Heif nan Charles E. Muller 11 Lynn C. Washington Bruce Jay Colson Burt S. Hellman Martin 1. Noah. Richard !ay Weiss Ira 1. Coleman Sara Barn Herald Eduardo Palmer Linda AnW Wells Andrew DeGraffenreidt 111 Stuart K. Hoffman William Jay -Palmer Julie A. S. Williamson June 6, 1988 • - The City of Miami co T m` >:- �R _ Planning Advisory Board and Miami Zoning Board C/o Hearing Board Section 275 N.W. 2ad Street '3 Miami, F1. 33128 " 3 • w- :_1 Re: 2101 N.W. 19th Terrace. `3 Dear Board Members: `- Our firm represent Moises B. Bichachi and Florence Bichachi his wife (the "Applicants") in connection with their Application To Amend The Miami Comprehensive Neighborhood Plan (the "Comp Plan Application"). and Application For Amendment To Zoning Atlas (the. "Zone Change Application") for eight (8) platted lots located at approximately 2101 N.W. 19th Terrace (the "Property"). In support of each application the Applicants state as follows: 1. Comp Plan Application -The Applicants are specifically seeking to amend the designation of the Property from Moder- ate Density to Moderate -High Density. This proposed change is justified because of the location of the Property in relationship to the intensely commer- cial land uses to the north and east as well as the industrial land uses immediatley north. The change in the. designation will allow for the develop- ment of the Property in a manner consis- tent and compatible with the surrounding uses and .will provide the necessary buffer between the commercial and indus- trial uses to the north and the low intensity residential uses to the south. Ft. Lauderdale Office 750 Southeast 3rd Avenue Ft. Lauderdale, Florida 33316 Telephone (305) 462-2800 L Tefeer (3 R tV 03 Ca Cable FORTLALAW 1U497 The City Of' Miami Planning Advisory Board June 6, 1988 Page Two The Applicants intend to develop the Property with affordable housing in order to -meet the needs of the area res- idents. This purpose is consistent with the goals of the City of Miami Compre- hensive Neighborhood Plan. Specifically this change will help to meet the need which is described in the Housing and Residential Neighborhood Element of the plan as a• "crisis". 2. Zone Change Application - The Applicants are seeking an amendment from the exist- ing RG2/4 designation to an RG2/5 desig- nation The change is requested in order to provide the Applicants with the n. ability to construct affordable housing on the Property. The proposed change is consistent with the surrounding uses and will not adversely effect the neighbor- hood. The proposed change will provide a buffer between the commercial and industrial uses to the north of the Property and the low density uses to the south of the Property. We look forward to your favorable recommendations and will provide you with any additional information necessary in making your determination. SJH:sm 2LT060688/l/sm Very truly yours Stephen J. Helfman 1049°7 Fine Jacobson Schwartz :Nash Block & England 13- Application Date: CITY OF MIAMI PLANNING DEPARTMENT t 275 N.W. 2 STREET MIAMI, FLORIDA 33128 _ APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City'of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once --in two (2) years, adopted comprehensive plans or a .. portion thereeof shall be reviewed by the planning advisory board to determine whether changes in the amount, kind or direction of ' development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions 'r amendments to the comprehensive plans, or portion thereof. If the city commission desires an xwjw*mt or rn addition, it may, on its own motion, direct the planning department to prepare such amendment =. for submission to and review by the planning s �� advisory board. The planning advisory board � k:D +` shall make a recommendation on the proposed plan• amendment to the city commission within 'a 1' �n -. reasonable time as established by the city commission. The procedure for revising, adding to or amending comprehensive plans or portions 4, " thereof shall he the same as the procedure for original adoption. This petition is proposed by: ( ) City Commission ( ) Planning Department Moises B. Bichachi and ( )- Zoning Board (X) Other & Please Specifys Florence Bichachi, ( ) property owner. ; The subject property is located at the northwest corner of the intersection of;N.W. 19th Terrace and N.W. 21st Avenue AND MORE PARTICULARLY DESCRIBED ASs' Lot(s) . Block(s) See EXHIBIT "A" 1.Q49`� Subdivision Page Iof3. i The under sign bein the owner or the repre tative•of the owner, of the subject proper%, do(es3 respectfully request the approval'af the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for -the above -described property as indicated in the land Use Plan: FROM: Moderate - Density TO: Moderate - High Density Please supply a statement indicating why you think the existing plan designation is inappropriate. The existing designation is incompatible with the very intensive General Qommercial designation on the surrounding properties to, the north and east of subject property. The existing designation permits a density which is inconsistent with the pattern of eve,op- ment in the area including industrial land uses immediately to the north of the subject property. Please supply a statement justifying your request to change the p'sn to your requested plan designation. The requested Moderate -High Density designation will provide an appropriate buffer between the intensely commercial and industrial uses to the north and the Moderate and Low Moderate Density properties to the south. It will also permit the development of the subject property in a manner consistent and compatible with the neighborhood. The requested designation will allow for. affordable housing in the area, which is a primary goal of the City of Miami and is consistent with the objectives of the City's Comprehensive Neighborhood Plan. What is the acreage of the property being requested for a change in plan designation? 24,974 sq. ft'. Page 2 of 3 10497 Has the aesignprion of tn15 property oeen cnanr in Me last yearc NQ Oo.you own any other property within 200' of the subject property? NO If yes, has this other property been granted a change.in plan designates ti thin the last 12 months? Have you made a companion application for .a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? YES Have you filed with the Planning and Zoning Boards Administration Department: - Affidavit of* ownership? YES - list of owners of property within 375' of the subject property YES- Oisclosure of ownership fors YES If not, please supply thsa: SIGNATURE 0 DATE ,�L ►., o �� �, NAME Stephen J. Helfman Fine Jacobson Schwartz Nash Block & England ADDRESS 1 CenTrust Fihancia'1 Center, 100 S.E. -2-nd St. •Miami,• -FL J3131 PHONE (305) 577=4000 STATE OF FLORIDA) SS: COUNTY OF BADE j - - - - ----i- - _ STEPHETr MY HE��'I�FAA1, Esq. � being duly s+rom, deposes and says Ahat . he is the uthor zed Agent for Owner) of the real property described above: that he has read the foregoing answers and that the saw are true and complete; and (if 'acting as agent for owner) that he has authority to•executd this petition on behalf of the owner. (SEAL) SWORN TO AND SUBSCRIBED before me this 3rd day Of June — 1988 . — -- 00, y u c,State of Florida at Large MY COMISSION EXPIRES: Computation of Fees Receipt #s t04 97 Page 3of3 t 0 STATE OF FLGIUDA ) SS. COUNTY OF DADE ) AFFIDAVIT Before me, the. undersigned authority, thi4. day. personally ` appears' Stephen Jay iielfman, Esq. , who being by ire 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 No. 9500 of the Code 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. 2. That all owners which he represents, if any, have given their full and complete per r:rzssion for him to act in their behalf for the change or rrcxii : rcation cn a classlf: cazi on or regulat: c,n of a--ini: � aF rep: ; n the acre:.:;.=sin& netition: 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 cwrer or Legal. representative. 4. The facts -as represented in the applicaticn and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. SAL) Name1 Swom to and Subscribed before me this�� day of June 198 8 4dliPublJ, c, State of Florida at Large My Commission Expires: Z !: E d LEAN 99. 10497, i . '0' S;IIMH OWNER'S LIST Owner's Name Moises B. Bichachi and Florence Bichachi ` c/o Stephen T. He man, sq.q Fine Ja o son c war z as ,e a Mailing Address -One CenTruSt Fina�n�,,yc,ia� enter Q.n..S..: �i 2.ndSt r r , M 1 LET 33131 Telephone Number ( 305 ) 577-4000 Legal Description:, see Exhibit "A" Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: - Street Address Legal Description NONE f Street Address Legal Description Street Address Legal Description 10497 iv DISCLGSLME or GCSfi1MKP 1. Legal description and street address of subject real property: %. Address 2101 N.W.. 19th Terrace See Exhibit "A" for Legal Description 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance' No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Moises B. Bichachi ) ' Florence Bichachi undivided 100% fee title ownership a t '=ry¢. sAu% bvs-0 - 'i'L C. 3. LeyU description and street addres- of any real pr•opezt (;) owned by any party listed in answer to question ir2, arxj (b) Alocated wi'J.iin 375 feet of the subject real property. NONE Stephen Jay Helfman, Esq. , being duly sworn, deposes and says that ne is the Woonew) (Attorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as o�torney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. S'vQFW TO AM SUBSCRIBED before me this 6 day of June , 198 8 . MY Ca-MriSSz,,-%r EUIRIES: (over) ( Name ) cta'ry Public, State of Florida at Large ioas7, � I EXHIBIT A LEGAL DESCRIPTION Lots 43, 44, 45, 46, 47, 48, 49, 50, in Block 2, ALEXANDER COURT, according to the Plat thereof as recorded in .P.lat•.Book 26► at" Page 65,' less the following described Parcel'''conveyed to the City of Miami for Road purposes by Quit Claim Deed filed on May 5,. 1975, in Official Records Book 8980, Page 1321, of the Public Records of Dade County, Florida. Beginning at the Southwest corner of Lot 43, Block 2, ALEXANDER COURT, according to the map or plat thereof as recorded in Plat Book 26, at Page 65, of the Public Records of Dade County, Florida;, thence ruri East, along the South line of Lots 43 through 50 of said Block 2, for a distance of 180.22 feet to a point of curvature with a circular curve concave to the Northwest; thence run Northeast, along the arc of said circular curve, concave to the Northwest,- and having for its elements a radius of 25.00 feet' and a central angel of 89 degrees 14' 10", for an arc distance of 38.94 feet; thence run North 0 degrees 45' 50", -East, along the East line of said Lot 50, this line also being the West right-of-way line, Northwest Twenty -First Avenue, for. a distance of .12.50 feet, to a point of curvature with a circular curve, concave to the Northwest; thence run Southwest, along the arc of said circular curve concave to the Northwest, and having for its elements a radius of 25.00 feet and a central ,angle, of 89 degrees 14' 1011,- for an arc distance of 38.94 feet; thence run West, along.a..line lying 12.50 feet North of and parallel to the. South line of said Lots 43 through 50, both inclusive, for 'a distance .of 180.23 feet, to a point on the 'West line of, said Lot 43; thence run South 0 degrees 43'10" West, along the said West line of Lot 43, for a distance of 12..50 feet to the Point of Beginning. 10497 IN 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 Sookie 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. 19497 In the ......... X. . X .. X....................... Court, was published in said newspaper in the Issues of Nov. 25, 1988 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 Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the Post office in Miami in said Dade County, Florida, for a period of one year next preceding the firs blication of the attached copy of advertisement; and afflan fur her says that she has neither paid nor promised any perso , f m or corporation any discount, rebate, commission or r un for the purpose of securing this advertisement for publ on In the s id newspaper. \\\11111 11'If�f� / YR1rii,t`a a'n�d,subscribed before me this • pi d ........... , A.D. 19.8 $.. . _ y i.�..� . �... Janet S ez ......... ',. Not ryf`c, State Florida at Large (SEAGj� • • • • • • • •D.S \, ���`` My C0l%ip�S1bRI®{ es ,�Ahla 21, 1991. MR 114A 11118111111\\1\ 2 OF 2