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HomeMy WebLinkAboutO-10410• tom' s _ 1 3. k. d d-88-1.1.8 1/26/88 ORDINANCE NO, 104i(l AN ORDINANCE AMENDING THE MIAMI COMPR(.HENSIVE NIIGHBOkH00b PLAN AND ADDENDA (SEPTEMBF:R 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 3529-3631 NORTHWEST24TH AVENUE (MORE PARTICULARLY DEtiCRIC-AED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO LIBERAL COMMERCIAL; MAKING, FINDINGS; AND CONTAINING A REPEALERPROVISION AND A SEVE RAI3 tLITY CLAUSE. WHEREAS, the Miami Planning Advisory Boarcl, at its meeting 1, following an adverti ed hearing, of. January 20, 1988, Item No. adopted Resolution No. PAn 9-88, by a 9 to 0 vote, RECOMMENDING APPROVAL of an amendment to the Miami Comprehensive Neighborhoo(i Plan and Addenda (September 1985), 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 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 3629-3631 Northwest 24th Avenue, more particularly described as Lots 18, 19 and 20 of_'Block 11, GARDEN CITY SUBDIVISION, as recorded in Plat Book 5 at Page 73 of the Public Records of Dade County, Florida, from Moderate Density Residential to Liberal Commercial. Section 2. It is hereby found that this Comprehensive Plan designation change; a. Is necessary due to changed or changing conditions; b. Involves a residential land use of 5 acres or less and a density of 5 units per acre or, less or involves other land use categories., singularly or in combination with residential use, of 3 acres or less and does not, in IL04 Q 1 /2 6 /8 8 ORDINANCE No. 110410 AN ORDINANCE AMENDING THE MIAMI COMPliEHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985): FOR PROPERTY LOCATED AT APPROXIMATELY 3629-3631 NORTHWEST 24TH AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE S tj Bj 0 C,r POPERTY FROM MODERATE DENSITY RESIDENTIAL CO LIBERAL COMMERCIAL# MAKING FINDINGS,` AND CONTAINING A A ,�f;,'VERA1!r.J,ITY ROVISION AND REPEALER PROVISION CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meetinq of January 20, 1988, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 9-88, by a 9 to 0 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 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 qrant 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 3629-3631 Northwest 24th Avenue, more particularly described as Lots 18, 19 and 20 of Block 11, GARDEN CITY SUBDIVISION, as recorded in Plat Book 5 at Page 73 of the. Public Records of Dade County, Florida, from Moderate Density Residential to Liberal Commercial. Section 2. it is hereby found that this Comprehensive Plan designation change: a. Is necessary due to changed or changing conditions; b. Involves a residential land use of 5 acres or less and a density of 5 units per acre or less Or involves other land use categories, singularly or in combination with does not, in residential use, of 3 acres or less and combination with other chancles during the last "at, i 1)1`O(.Iucr� a cumulative effect of havin,j chan(led more than 30 acres, C6 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 do The herein amendment does n(-.)t involve the Fame owner's property within 200 feet of property provided a Comprehensive Plan change within the last 12 1-nonths. 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 0 r provision of this Ordinance be declared by a court of competent jurisdictiC)n to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 25th -day of February 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of March 1988. ATT.ES MATTY HIRAI XAVIER L. SUARE CITY CLERK MAYOR PREPARED AND APPROVED BY: APPROVED/1 S TO FORM AND C 0 R R E C T,9yx`Sy S : fl EL E. MAXWEL CITY U IV\ A. DOUPHER TY SSISTANT CITY ATTORNEY TY ATTORNA5Y JEM/db/M271 104-IL(I t CITY OF MIAMI � I C)OIDA MEMORANDUM Ma 1988 DAIL v 4, Sergio Rodriguez Assistant city Manager, Orc- ict ive Rest Covenant, Natalio Ascar, 3629 N 24th Avenue, Miami, Florida: �'�/1,Gt.(�-'y�'" G Miriam Maer Assistant City Attorney ........................................... Enclosed please find original of Restrictive Covenant for Recordation. GlIM: mhg Enclosure CC: Edith Fuentes Director$ Building & Zoning Joseph A. Genuardi Zoning Administrator Gloria Fox Chief, Hearing Boards James J. Kay Acting Design Engineer, Public Works Guillermo Olmedillo Planning Department Matty;Hirai City Clerk's office - ..;,•. --'t'�`'.�,°r?F?�`"�3:3Tg?::.T,Y�stf F:,:�t'.9�q�•:tf��fl 1310K APR 13" 28 Dgct,ARA`rtON O ft STFt C ' COt� NA 'i' This f)?cl,aration of RestricLive Covenant by NATALJO AStAR, 3629 N.W. 24th Avenue, Miami, Florida 33142 ("Owner"), in Florida a municipality within the favor of the City of Miami, State of Florida. W I T N E S S E T H: WHEREAS, the owner holds fee -simple title to certain Pro- perty in the City of Miami, State of Florida ("The City'`), con- sisting of Lots 19 and 20 and the North 10 feet of Lot 18 in Block 11 of GARDEN CITY according to the Plat thereof as recorded in Plat Book 5 at Page 73 of the Public Records of Dade County, Florida ("The Property"); WHEREAS, the owner is presently an applicant before the City of Miami Commission for a change of sector classification in f the City of Miami, RG-2/4 to CG-2/7; the Official Zoning Atlas o WHEREAS, the owner is presently an applicant before the City of Miami Commission for change of plan designation for the subject property in the Miami Comprehensive Neighborhood Plan (September 1985), as amended, from Moderate Density Residential to Lioeral Commercial and; WHEREAS, the owner is desirous of making a binding com- mitment to assure that the Property shall be developed in accor- dance with the provisions of this Declaration; NOW THEREFORE, the owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be demed to be covenants running with the land binding upon the owner of the Property, and his suc censors and assigns as follows: The owner wil :construct on the north property line (a.) of Lot 20 and the east property lines of Lots 20 and 1.9 and the North 10 feet of Lot l8 In Block ll ut GARDEN CITY as per the Plat thereof which is recorded in Plat Boom 51 at Page 73 of the Public Records of Dade County, Florida# an eight (8') foot concrete wall __�.. ., {•., n .•*r4'iC�S".!` `'yry'9'ro"?F%J and provide lands zinc adjda nt to the wal. ��wner to submit a 1"arrtiscap = Site P13i1. Said construction and landscaping site subjeot to Planning = Department approval prior to issuanCt,_ of a building permit. (b) The Owner shall be permitted to use the Property for the CG 1./7 uses as permitted under the CG 2/7 Zoning Classification and in addition thereto continue to use the omotive parts and automotive Property for rebuilding of aut under CC 2/7 Zoning Classification. overhauling only as permitted C. Effective Date, if the City Commission of the City approves the owner's pending application for an amendment to the City of Miami Zoning Atlas and the Comprehensive Neighborhood Plan, and after said approval has become final and non -appealable, constitute a covenant running with the title this Instrument shall to the Property and be binding upon the owner, his successors and assigns. These restrictions shall be for the,benefit and limitation, upon all present and future owners of the Property and for the public welfare. D. Amendment and Modification. This Instrument may be modified, amended or released. as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be effected by such,modification, amendment or release providing that the same has been approved by the City of Miami Commission, after Public Hearing. Should this instrument be so modified, amended or released, the Director of the City's Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. F, . TermofCovenant This voluntary covenant on the part of the owner shall remain in full force and effect and shall be binding upon the owner, his successors and assigns, for an initial period of thirty {30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. F. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working here, to determine whether the conditions of this Dec IA ration and the honing Ordinance are being complied with, An enforcement action may be brought by any property owner owning property 1 within three hundred and seventY-five feet (375') Of the property or by the City and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants, either to restrain violations or to recover damages. The prevailing party in the action or quit shall be entitled to recover costs And resonable attorney's fees. This enforcement provision small be in 'addition to any other remedies available under the law. G. severabili Y invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other pro- visions of this Declaration, which shall remain in full force and effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land use regulations applicable to the Property. Recording This Declaration shall be filed of record among the Public Recbrds of Dade County, Florida by the owner, at the cost of the owner, and the original delivered to the Chief of Hearing Boards Division, Building and Zoning Department, 275 N.W. 2nd Street, Miami, Florida. IN WITNESS EREOF the undersigned have set his hand In t 1 s day of 1988. OL: NXTXLI0 AS WITNESS W m E, ITNE S - -,T. — -..: ^:^.... -n ..:. F, n • fr..'. + .. .5: i . .. .n','�.¢"+Yu43Pi-..ia1}'.+, �J�,......, .'!.. .... ..... : �4-�.2 � �cl ►r S TATP, C� FLORIDA) COUNTY bP DADE ) Sefore me, the undersigned authority, pergonall appeared Natalio Ascar and acknowledged on this day of. 1988, that he executed the foregoinq instrument for the purposes expressed therein. N T RY PUBLIC, State >: orida at Large ' v ''• �� �' r My Commission Expires;EL • V, 0 �► rry MOTpPv oilRltf. STOTf. or rI.ir(L'A MF. ipM�i �SI(:A t 10. ADw 6liMC.EG �aAJ ",EMIFAL lk�. uBJ. � „�,,, RECORDED IN 010MAL RECORDS 00% OF DADE COUNTY, FLORIDA. RECORD VERIFIED IUCHA.BD P. BRINRER CLERK CIRCUIT COURT, wow I IS! 11,111111 1111 1:1111, 11 I'l 11,11A oiN i' NI Ac T. 'i , 1 b EC' 3 28 STATP, OF FLORtOA) ) 8S.. COUNTY OP DA08 Before me, the undersigned authority, personall appeared Natalio Ascar and acknowledged on thislqL day of_. 1988, that he executed the foregoing instrument for the purposes expressed therein. My Commission Expires: STATE v rt lip. Are J_. l� I N TARY PUBLIC, state 0fj,pojs,,. F 0 rida at Large :,Otto r.7 IN OLTWAL RECOR03 800h OF DADE COUNTY., FLORIDA. RfCoRO VERIFIED IUCHARD P. Un4M CLERK CIRCUIT COURT ill 110111111ill :1 11 , ,, I 1 11 Air" lffl�,!i�: RK"PR"IR I l oH :lTY OP '11AMil, N Tk7- R - 0 " FFICE �AEMOAANU OM n Guillermo OlMedillo May 23, .1988 Planning Department Covenant - Natalio Ascar j, 3629 N.W. 24th Avenue Ordinance No. 10410 Gi Miriam Maer CC Meeting 3/24/88 Assistant Citv Attorney (one) Enclosed please find a copy of an executed recorded Covenant in the referenced item, dated March 24, 1988. Please advise if this conforms to your understanding. GMM/rcl/P090 enclosure c1c: Donald W. Cather, Director Department of Public Works Gloria Fox Hearing Boards Joseph A. Genuardi Zoning Administrator James J. Kay, Acting Design Engineer Public Works Department Joseph W. McManus .Assistant Director Planning Department Sergio Rodriguez .Assistant City Manager Matty Hirai City Clerk bEC 'i'ION t7� ESTRt TIVE COVENANT This ")ecIaration c,f Restrictive Covenant ty HENF VFLAZ "'r , . t ig5 ,;.W. 36th Street, Mla(T11 , FI or Ida 33142 ( "Owner" ), �h favor E the�E Mia:a�, f'1 rich i rnu-iLCiPa' .ity within the state of E.iorlda. W 1 T "' E S S H 'r H: WHF.RE?AS, the owner holds tee-si;T'PlE2 title to certain pro- perty in the pity of Miami, State of Florida ( "The City "") ,. con- sistinQ of Lots 16, 17 and the South 30 feet of Lot 18 in Block 11 of GARDEN :711y iccordinq to the Flat thereof as recorded in Plat Book 5° at: page 73 of the Public Records of Dade County, Florida (The Property"); XHEREA ,, the owner is presently an applicant before the City uE Ml:�mi•(:ommission for a change of sector classification in the Official Zoning Atlas of the City of Miami, CG-1/7 to CG-2/7; WHF'REAS, the owner is desirous of making a binding com- mitme,nt to assure that the Property shall be developed in accor— dance with the provisions of this Declaration; NOW THERFFORE, the owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions' that are intended and shall be demed to becovenantsrunning with the land finding upon the owner of the Property, and its suc- cessors and assigns as follows: taE The owner will construct on the east property line of .0 fe0t of Lot 18 i;� Block it of GARDEN CITY as per the attached E}!at !hF'rP_OC Whlen recordedin Plat Book 5 at Page 73 of rnp Puc)lic Records of Dade County, Florida an eight (8') foot 4, 2W concrete wall in(i ter ode landscaping adjdacent to the wall OWner shall submit a landscaping site plan. Said construction and landscaping site plan subject to planning Department approval prior to issuance of a building permit. (b) The Owner shall continue to use the Property for the (G L 7 uses is permitted under the CG 2/7 Zoning Classification, and in addition thereto for automotive Paint and body shop, only as permitted under the CG 2/7 Zoning Classification. C, Effective [date, if the City Commission of the City approves the owner's pending application for an amendment to the City of Miami Zoning Atlas and the Comprehensive Neighborhood Plan, and after said approval has become final ana ,un-appealable, this Instrument shall const.cuce a covenant running with the title to the Property and be binding upon the Owner, his successors and assigns. These restrictions shall be for the benefit and Limitation upon all present and future owners of the Property and for the public welfare. D. Amendment and Modification. This Instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be effected by such modification, amendment or release providing that the same has been approved by the City of Miami commission, after Public Hearing. Should this instrument be so modified, amended or released, the Director of the City's Planning Department or his successor, shall execute a written instrument in recordable"form effectuating and acknowledging such modification, amendment or `release. E. Term of Covenant This voluntary covenant on the -part of the owner shall remain in full force and effect and shall be On the owner, his successors and assigns, for an initial upon p period of thirty (30) years from the date this instrument is recorded in the „public records and shall be automatically extended for sQccessive periods of ten (10) years thereafter unless modified, amended or released prior, to the expiration thereof. F, It is understood and agreed that any Official inspector of the pity of Miami may have the right at any time during normal worKin9 hQuxs,, to determine whether the conditions of this MO 136722 ,.2864 Declaration ,and t-he Zoning Ordinance are being complied with. An enforcement action may be brought by any property owner owning property - within three hundred and seventy-five feet i3751? of the Property or by the City and snail be by action at law )r 1r1 equity against any party or person violating or attempting to violate any covenants, either to restrain veolations or recover 11ainages. 'rne prevailing party in the action or Suit shall ae entitled to recover %.osts and resonable attC rnoy's 11�rn s, This ?n fir` E' L pcQviSi-n snaii Cie in addition to any vtner remedies availaole under the law. G. �everabil;ity Invalidation of any one of these cove- nants oy .idament �f urt shall not a�fect any df the other pro- visions of this Declaration, which shall remain in full force and effect, orovided, however, that such invaliaation may be grounds for the City to amend the zoning and/or ian use regulations applicable to the Property. H. Recordinq Thi.s Declaration shall be filed of record among the Public Records of [fade County, Florida by the. owner, at the cost of the owner, and the original delivered to the Chief of Hearing Boards Division, Building and Zoning Department, 275 N.W.. 2nd Street, Miami, Florida. IN WITNESS WHEREOF the undersigned have set his hand this_ day of_Q' `A^`r""` 1988. WITNEcSS WITNFs9 �- 3- RENETE E Z I A-- M 7" Of L STATE OF FLORIDA) 8S1 COUNTY Or DADS' Before me, the undersigned authority, personally appeated day Rene velazque2 and acknowledged on this of 1988, that he executed the foregoing instrument for the purposes expressed therein. OTARY PUBLIC, State IVA�Iorida at Large %6 E My Commission Expires: tz A% E A,: t A .1muo bum P. B 1-11 NM i,CIUJ C06RT dT[ t�1 Fic C I',1'EkMU March 31, 1988 Sergio Rodri,'juez Assistant City Manager ;}+` Covenant - Nataljo Ascar 3629 N.W. 24th Aven ----- -\� Urdnance No. 10 0 PG-1U` G. iriam Maer 3/24/88 CC TItg. ((• ,s tem Assistant City Attorney �00r'A-11) . Enclosed please find a copv of an executed Covenant P n the referenced item, dated ,March 25, 1988. the Mark Valentine, attorney for hewpropert ovine atterltormakedsure original covenant. Pleas ro riate copies are the Original is received by the City andappropriateP Hirai the City sent to the relative parties including Clerk. GMM/rcl/P007 enclosure CC: George V. Campbell Public Works Department Donald W. Cather, Director Department of Public Works Gloria Fox Hearing Boards Joseph A. Genuardi Zoning Administrator Joseph-W. McManus Assistant Director Planning Department Guillermo olmediilo Planning Department Matty Hirai City Clerk r. D�CLARATI.ON t��' R)STRICTt VE COVENANT - r<` i This Declaration of Restrictive Covenant by NATALlO Miami, Florida 33142 ASCAR, 3623 N.W. 24th Avenue, ("Owner"), in ami, Florida a municipality within the favor of the City of Mi State of Florida. W I T N E S S E T Ht WHEREAS, the owner holds fee -simple title to certain pro- perty in the City of Miami, State of Florida ("Tne City") , con- sisting of Cots 19 and 20 and the North 10 feet of Lot 18 in dili9 to the Plat thereof as recorded B1ocK 11 of GARDEN CITY accor the public Records of Dade County, in Flat BOOK 5 at Page 73 of Florida ("The Property"'),, WHEREAS, the owner is presently an applicant before the City of Miami Commission for a change of sector classification in the Official Zoning Atlas of the City of Miami, RG-2/4 to CG-2/7; WHEREAS, the owner is presently an applicant before the City of Miami Commission for a change of plan designation for the subject property in the Miami Comprehensive Neighborhood Plan (September 1985), as amended, from ModerateDensity Residential to Liberal Commercial and; WHEREAS, the owner is desirous of maxing a binding com- mitment to assure that the Property shall be developed in accor- dance with the provisions of this Declaration; NOW THEREFORE, the owner voluntarily covenants and agrees that the Property shall be sub3ect to the following restrictions e demed.to be covenants running with that are intended and shall b the land binding upon the owner of the Property, and -his sue- censors and assigns as follows; (a) the owner will construct on the north property line of Lot 20 and the east property lines.of Lots 20 and 19 and the North 10 feet of Lot 18 in 51ocx, 11 of GARDEN CITY as per the Plat thereof which is recorded in Plat Book 5, at Page 73 of the Public Reccrds of Dade County, Florida, an eight (8,) foot concrete walk.. r I' ✓ } l b.t�RA"C1�7N OF` RE5mRtCIVE COVENANT this Declaration of Restrictive Covenant by NATALIO ASCCAR, 3629 ").W, 24th Avenue, Miami, Florida 33142 ("Owner"), in favor of the City of Miami, Florida a municipality within the State of Florida. W I T N E S S E T H: WHEREAS, the owner holds fee-simpie title to certain pro- perty in the City of Miami, State of Florida ("The City"), con- sisting of Lots 19 and 20 and the North 10 feet of Lot 18 in BlocK 11 of GARDEN CITY according to the Plat thereof as recorded in Plat BOOK 5 at Page 73 of the ruolic Records of Dade County, Florida ("The Property"); WHEREAS, the owner is presently an applicant before the City of Miami Commission for a cnange of sector classification in the Official Zoning Atlas of the City of Miami, RG-2/4 to CG-2/7; WHEREAS, the owner is presently an applicant before the City of Miami Commission for a change of plan designation for the - subject property in the Miami Comprehensive Neighborhood Plan (September 1985), as amended, from Moderate Density Residential to Liberal Commercial and; WHEREAS, the owner is desirous of making a binding com- mitment to assure that the Property shall be developed in accor- dance with the provisions of this Declaration; NOW THEREFORE, the owner voluntarily covenants and agrees that the Property shall be sub3ect to the following restrictions that are intended and shall be demed. to be covenants running with the land binding upon the owner of the Property, and his suc- cessors and assigns as follows: (a) the owner will construct on the north property line of Lot 20 and the east property lines of Lots 20 and 19 and the North 10 feet of Lot 18 in BLOCK 11 of GARDEN CITY a5 per the Flat thereof which is recorded in Plat Book 5, at Page 73 of the Public, Records of Dade County, Florida, an eight (e') foot concrete wall 511 VWU and provide landscag adjdacnnt €o the wall., weer to submit a landscspit -9 Said construction end landscaping site subject to planning site plan. g Department approval prior to issuance of a building permit4 (b) The owner shall be permitted to use the Property for the CG 1/7 uses as permitted under the CG 2/7 Zoning Classification and in addition thereto continue to use the Property for rebuilding of automotive parts and automotive overhauling only as permitted under CG 21"7 Zoning Classification. C. Effective Date. If the City Commission of the City approves the owner's pending application for an amendment to the City of Miami Zoning Atlas and the Comprehensive Neighborhood plan, and after said approval has become final and non -appealable, this Instrument shall constitute a.covenant running with the title to the Property and be binding upon the owner, his successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners of the Property and for the public welfare. D. Amendment and Modification. This Instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be effected by such modification, amendment or release providing that the same has been approved by the City of Miami Commission, after Public Hearing. Should this instrument be so modified, amendedorreleased, the Director of the City's Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. E, Term of Covenant This. voluntary covenant on the part of the owner shall remain in full force and effect and shall be binding upon the owner, his successors and assigns, for an initial period of thirty (30) years from the date this instrument is recorded in the public records and snail be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. F. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during s normal wooing houzs, to deGermne whether the conditions of this �, PAW Declaration and the Zoning ©rdinance are being complied with. An enforcement action may be brougnt by any property owner owning property within three hundred and seventy-five feet (3751) of the Property or by the ; ty and shall be b•)� action at law or in equity against any party or person it�latina or attempting to violate �,;;r covenants, dither to restrain violations or to recover dairiaaes. The prevailing party in the action or suit shall be entitled to recover posts and resonable attorney's fees. This enforcement provision snail be in addition to any other remedies available under the taw. G. 5everability Invalidation of any one of these cove- nants by )udgment of Court snail not affect any of the other pro - which snail remain in full force and visions of this Declaration, effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land use regulations applicable to the Property. H, Recording This Declaration shall be filed of record among the Public Records of Dade County, Florida by the owner, at the cost of the owner, and the original delivered to the Chief of Hearing Boards Division, Building and Zoning Department, 275 N.W. 2nd Street, Miami, Florida. IN WITNESS FREOF the undersigned have set his hand tnis�-�� day of / " 1988. Y WITNESS WITNESS -3- NATALI ,,, 4 beclaration and the toning ordinance are being complied with, An enforcement action may oo beought by any -property owner owning property within three hundred and seventy-five feet (375') Of the Property or by the City and shall be by action at law or in equity against any party Of person violating or attempting to violate.anY covenants, ' either to damages.restrain violations or to recover daaqes. The prevailing party in the action or suit shall be entitled to recover costs and resonable attorney's fees. This enforcement provision Shall be in addition to any other remedies available under the law. G. SeverabilitY Invalidation of any one of these cove- nants by judgment of Court shall not affect any Of the other pro- visions of this Declaration, which shall remain In full force and effect, Provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land use regulations applicable to the Property. Recording LThis I Declaration shall be filed of record among the Public Records of Dade County, Florida by the owner, at the cost of the owner, and the original delivered to the Chief of Hearing Boards Division, Building and Zoning Department, 275 N.W.'2nd Street, Miami, Florida. IN WITNESS, EREOF the undersigned have set his hand rt 1988. thiso day of g__ 0 a�_ L NATALIO.AS WITNESS WITNESS' 1cM ".13RT. STATE, 05 FLORIDA,) } SS: COUNTY OF DADS } Before me, the undersigned authority, personall appeared 1- Natalio A8car and acknowledged on this day of 1988, that he executed the foregoing instrument for the purposes expressed therein. N T RY PUBLIC, State of F or at Large My Commission Expires: ppTpav cuBFtG ;td1[ uwk 6GNDF0 i.GJ '[NFF At APPLICANT PETITION REQUEST BACKGROUND ANALYSIS RECOMMENDATION PLANNING DEPARTMENT PLANNING ADVISORY BOARD PLANNING FACT SHEET Natalio Ascar — December 11, 1987 1, APPROXiMATEL`! 3629-3631 N. W. 24TH AVENUE Lots 18, 19& 20 B1 ock 11 GARDEN CITY SUB. (5-73) P.R.D.C• Consideration of amending the Miami Comprehensive Neighborhood Plan (Sept. 1985), and Addendum, as amended, by changing the 1-and use designation of the subject property from Moderate Density Residential to Liberal - Commercial. To change the land use designation of the subject property from Moderate Density Residential to Liberal Commercial. The, subject property lies to the north of' the -N. W. 36th Street Liberal Commercial strip, and is now designated as multifamily residential (Moderate Density) use. It is important to maintain the designation of the residential di -strict because it provides for housing in a very accessible area. Changing the designation would create a commercial intrusion. There is a surplus of areas in the City with the appropriate land use designation for the activities proposed. The proposed change does not further the intent of the Miami Comprehensive Heighbornood Plan Sept. 1985, as amended. There is no need or. justification for the proposed change. Deni al . At the meeting of January 6, 1988, this item vas continued to January 20., I989, j,., PAS. i,120/58 1tem pow h PLANNING ADVISORY BOARD At its meeting of January.20, 1988, the Planning Advisory Board adopted -Resolution PA8 9 -88 by a 9 to 0 vote, recommending approval of the -above. CITY COMMISSION At its meeting of February 25, 1988, the City Commission passed the above on First Reading. y CITY LIMITS N.W• W i N, W. 34 ST i ! i I PAB 20 Jan, 88 A$ 19 I I �.0410 I i I i tem #4 .� AAPrex, '8�=8� AP K=�$ ! �I���t h Avenwe , cbx• Y ya:s^i! 'ttatl :•s:.t.:p>��� � i_ '�^• � •�e. a ., ,F.R '�!�' ''j a it �`. . 3�'>�r�'1':c.. .3�5'�?: •.,.., .♦'. •• Y,• .! - „�. .-. « 'E fY .. `, ,��..y�L '. <•. ,.�ze; �,,: aa: :,� .,ifs :. ,. � r.. + .x (•'t._ 4 h, N .Hy...Y. ,"b fib{'``' .r • � `., .. +`4L': . - ,"t '1'k�diYs- ". •►. �.':S,f � - � +"d'!.te. ,«•r.. ''�.w, fky •` ..'i.: � �ou • ,'.a .. ,1.� ., .. 'SP.Y.a.,v..YiFia g`�} f •: �P•,AR`w, r. n.. '' ..!' . . „p; ,� w IIN. _ 37 sT'• ific#t` �,4 w 6 1' a.. .:..,, «,� 4 •ii`y � .Ya'<I yCI '1a _•�'" 4T '��S "�,ex'tt� y�;,rt• �� - �..: r - � ,-'.t A .. � �;^ • ` 4 w ` ,• f.Y ,� P'y:r►i`'�("' �'`'{'a�tt�+�8y�,� Sr s<! �+� t , _.. ... . �.. w, x - �.,•,. �-"a7 1("1 •Y♦+s,i:.�:-F",.,*y't�,,, r .Y�{:[y',7x � wv� ^ /�` I`SY �`hi+�:�.�6''Y. x�{R � .* - ♦..,.._ :�y'�_ �..''3i •, ,:• rt :'4','.,."y. ,cSRk.i f�`! fr�a. . ,dl� ��' . ...+li..:i$M. t�'u� .. � .,..� r � , r i s +4 rtf�°r,,,yr*i�n» . -y, : ' � ' ,,• �.R t--..��•�yy�� �tii .i?.ak"c"•Jµ�n.IS .. .. .. w i tl`a. ,,�•R�. _��—�,aw_7�. �' �:, .'.J.N'+r'3:*.rwl4lb+N. ' "�, r ii�i�. ,R-�i.► h��._�Aw ;N-y+.�.��'���.`� ,r. � � N•,x� .. e,MY• fi, ;+,r :�..i.�.: :W .Y�I`t`i. r„�u; >'f ^j •i',1r Y. �?, y.,•'^• ,:7i l r r. ..' .7 -�. 2 , .. .. 1 , <_ � r 1}{ `q t,• � ' .a.... � c�u"y.1c;�.tR'•4°� � a#.'pu:+ � • i .5.� • ,nfM..=:+..:{ � �,.,,:�i. ?""M, :,,3'8„71s .� y � . n«w�es3""+: t ,�"�►"` � A� ,n wit �> �► :1 ,` - •; ,.�.,5 �= it +� jll s •a�4� �'�` �R i 7 �' •fit"' �' �j� t •,y+,'. w", .. ,, i ! � � � ! i � � � i'�+ �y t a��-\ �, n.y'�,? i a `e4J' ••ir Z „r..-:•,._ :>rr- _„''• � . �'{ -. ,t ,. ' '.,; �'y fl�.• t `� '; r 'tom__._`._ rt 41 •a .'°1',r �},<.,a, � +t 'i �o x '+�y .Y�,♦p - .. , , "� �` ! �' `�`� 1 • "� �e '.� - � i• � .Im...i� ■ s. l r1.-�'!..>'.•r. y y t '^`j4 2 '{,i , t Y ae• s N. Vie. •y,�.,,4y. : �.,,.� w=.,.y; �'•-' « ' ` Y - .. +�' � ., •. ' 1�s,� � �, ; .; r r�r , i. lj�'.�. •K•ar.>w+Y." _ . dry !skr - � _� �� rf .Y! ..r�i,-•arm e+B�" ''.� � 4 •��r,� i ><<-. rrs.:.r � � ,`` -. , _ �. ,.._ Sc'• t ..R- t ,�'..-Y.w �� �.w �i� � �' '#dui ,-�' �x�-� �1f ;4 �'',�� '�_ �iW �.�3 � t a',�.+. �n.�... . t' .. '.� -w ' ' t i f t • A:Z'x" • . �. id ♦: wK r^Y� l '� ' 1 A R «T r J " LJJ '# <';:�y ,; �' � T �++.��Gyy "'=a 1!f �°�S°��� �y�• � ,''s: . ., ' [ � '}'• -! � � �9� ♦ „ `Y" �KS". � ,.a �, .a p i1 iL •'A :a.: AWE. . fn 35 ST.; N4' '�"^'� t d 'k� � ',}I'• ., *�t `. - ® iz''"`'`%L: _7 r ,dql �'! '?' 3 ' � �-, ' ��ws��t''tt�,iG'C."� Epp NO.Jim. �g AS 19 le z Npprox• 36 9-31 NV ' 4th Avenue •r: }t�. .rt•1'"� ss� '=r '� � � •' .. f,+a�i"+. #AW°}II•lR�•�7^y. �^1� _ -_ r V Application # Date: CITY OF MIAMI — PLANNING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMENO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ode of the City of Miami, asifollowswt additions and Section 62-17 of the amendments to'the adopted comprehensive pla r 6. Periodical 1 y, but not less often than once in five (5)'years or more often than once in two (2) years, adopted comprehensive plans ore portion thereeof shall be reviewed by th planning advisory board to determine whether in the a changes mount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plans, or portion thereof. If the city commission desires an amendment or addition, it may, on its own motion, direct the planning department to prepare such amendment for submission to and review by the planning advisory board. The planning advisory board - shall make a recommendation w the proposed plan amendment to the city commission within a reasonable time_ as established by the city commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: City Commission Planning Department ( Board _ " Zoning - OwTi ( ) Other & Please Specify: y C r; - ".a io ca + 4e- fir. 17 1 ' property i s located at e subject prop y 22-4th :avenue. 3 1 , ?^tr kvenue- a. 1 ANP MORE PARTICULARLY DESCRIBED AS; 19 Lot($ , and_ 20 subdivision ya" "n 'city 1041LO page of 3 Wow :r.-.. The under signed being the owner or the representative of the owner# of the ov&lOf subject property d,'Is) respectfully request the aF �endment(s) to the Miami Comp, si of Neghbo the City Miami Flah for the following for, the above -described property as indicated in the Land Use Flan: FRGMs Moderate Density Residential TOs L•. Commercial Please supply a statement indicating why you think the existing plan designation is inappropriate. the fact that the the e::istine plan designation is inappropriate due t o oronerty in question, is presentiv being utilized (and has been utilized for a:. least 14 vears) for General Ca=ercial use, (includinc the use of this an auto paint shoo) as is the case for manv, manv establishments area. Please supply a. statement justifying your request to change the p' sn to your requested plan designation. c. to al, o,: the orooer t�: to re= le t",e feel the plan should bee cnan_e ' its present use, hick is General Cor, ercial. (CG/'_). The chance wU d r r«.. T* noi, has tt•FO ,create a total niece of. -property frith one use designation. has been commercial for at lea uses desianatea: This use cr this:proaerty s fourteen Years. �a i� `, What tS the acreage of thenproperty be requested for a Shan in plan IV designation? 4 31,029 sgU4;e feet Qg 0,1 acrep• P49C 2 of L04 imp A IQ 6 r ` Has the aesignation of tois prooerty oeen cnangea file ,iW jzarc � arty within 2D0` of the subject piroperty? Do you own any other prop / -. If ,yes, has this other.pr party been granted a change in plan designat on within the last 12 months? .,r',,.,�,._ lication for a change of zoning for the subject Have you made a companion app property with the Planning and Zoning Boards Administration Department? Have you filed with the Plan ing .and Zoning Boare�sAdt,inTaperty�with1nr375ntof sub act pr a rship? ` as - List of own h Affidavit of ow.rty _ y _ Disclosure of ornership form / �- If the j not, please s ly then Ir i % 1. p. L 7 SIGNATURE NAME L `JTI• ADDRESS PHONE STATE OF FLORIDA) SS: being duly sworn, deposes and says that ' described he is the Bweer (Authorized Agent for Owner) of the real property above: that he has read the foregoing aiswers and that the same are true and complete; and (if acting as agent fo o er) that h has authority to execute this petition on behalf of the owner (SEAL) SWORN TO AND SUBSCRIBED bef ore me this > _ day of r oMAk.� a — .' Notary b ic, tate o r on a at arge _SliSrr rulE1.Of FLORIDA MY c"ISSION EXPIRES: Al COMQISS10h EAF. AV. $,logo Computation of Fee: Receipt '#1 IQ 6 r ` Has the aesignation of tois prooerty oeen cnangea file ,iW jzarc � arty within 2D0` of the subject piroperty? Do you own any other prop / -. If ,yes, has this other.pr party been granted a change in plan designat on within the last 12 months? .,r',,.,�,._ lication for a change of zoning for the subject Have you made a companion app property with the Planning and Zoning Boards Administration Department? Have you filed with the Plan ing .and Zoning Boare�sAdt,inTaperty�with1nr375ntof sub act pr a rship? ` as - List of own h Affidavit of ow.rty _ y _ Disclosure of ornership form / �- If the j not, please s ly then Ir i % 1. p. L 7 SIGNATURE NAME L `JTI• ADDRESS PHONE STATE OF FLORIDA) SS: being duly sworn, deposes and says that ' described he is the Bweer (Authorized Agent for Owner) of the real property above: that he has read the foregoing aiswers and that the same are true and complete; and (if acting as agent fo o er) that h has authority to execute this petition on behalf of the owner (SEAL) SWORN TO AND SUBSCRIBED bef ore me this > _ day of r oMAk.� a — .' Notary b ic, tate o r on a at arge _SliSrr rulE1.Of FLORIDA MY c"ISSION EXPIRES: Al COMQISS10h EAF. AV. $,logo Computation of Fee: Receipt '#1 r Has the designation of this property been changed in,, the last year within 200' of the subject property? NO If Do you own any other propertybeen granted a change in plan designat on within yes, has this other property the -last 12 months? 10-- lication for a change of zoning for the subject Have you made a companion app c property with the Planning and Zoning Boards Administration Department �:� Have you filed with the Planning and ZoningBoardsAdministrationers ty Depart�m'e5nt! Affidavit of ownership? YES -List f the subject property ._`-'�,S Disclosure of ownership form :'�s _ If not, please supply them. SIGNATURE ,&&��_Natalio Ascar NAME 3629 N.w. 24 Ave. Miami. ► Florida 33142 t �. Florida 33142 2�,3 ••�;.,,-;ria ��1�2 3631 NJt - .�ia�i.. ADDRESS - PHONE 305- �J5 3 9996 305 - 633=6968 STATE OF_FLOP-IDA) SS: _ _ - --�.-. Natalio Ascar being ..duly sworn, deposes and says that he is the Owner =jhmee� of the real property described ame are,true-and abov e: that he has read the -foregoing answers and he h astttthe h ty to execute complete; and (if acting as agent for owner) that this petition on behalf of the owner. (SEAL) . _ ._.' Na SWORN TO AND SUBSCRIBED - before me this /J day198 of f lP -tbury Pub 1c, State of F mricuat Large NOTAR l Pi!HIiC, STATE GAF rt.OR!OA, MY COMMISSION EXPIRES; %QV 'M 1990. r Computation of Fee. Receipt is More rte the authcMitY, t`ss icy` Peftt'_AU:( Fatal o Oscar i z , who be�� by "- tin', duly S,vor:"., appea,re3 _,..w. upon oath► deposes and says: 1. That he is the owner, or the legal represet ative of the owner, submitting the acco v, ing application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Mi2mi, F1orida, effecting the real property located in the City of Miamd as described and listed on the pages attached to this affidavit and made a ;art thereof. hp. 2. That all owners which he represents, if any, have given .l&-'ezr full and complete pe ,mission for him to act in their behalf for the change or modification of a classification or, regulation of zoning as ser. out in the accccrqmnying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone =hers anal legal descriptions for the real property which he is the owner or leg -al representative. k. ' The facts as represented in the applicaticn and dcc;z'.e:Its submitted in con jtziction with this affidavit are true and correct. Further Affi.ant sayeth not. (Namfle ) v Sworn to and Subscribed before me this day of a" 19 . cjj No f Public, State of Florida at Large my I�ssion Expires Read Velatquer: tidil'iMg Addr� i'i �6t� �` ee` #'i1aT`�i r " Qd 33i 2 _�.� i telephone Number 63�� 3009 Legal Oettriptiorl uatden C' block and. South 30 L of lot i8 as recorded in at book W, at page -: , -. untl", lcricd ?-•..:; Of Mian, 1 0 5ec:ulor Owner's Name hatalic AsCar 24th AVE y113t" iC?Y1Gd J.Sty. Mailing Address 3631 N, I%% 24 h A.e :Jiani, Florida 33144 Telephone Number : 63 i - 6968 sv - Legal Description: Garden City Subdivision - block 1 lots 19 and 20 and the north 10'feet of lot 18 as recorded in flat book 5, at page 73, Dade County, Florida Citv of Miami, Section 22-33-41 Owner's Name Mailing Address Telephone Number Legal Description: Any of'.. • real estate property owned individually, jointly, or severally (b; corporation, partnership or privately) within 375' of the subject site is listed as. follows: Street Address Legal Description Street Address Street Address Leaal Description Legal Description COM C 0 ) gefore tne, the unders .gtied authority, this day personally appear ► r ► who beirg by tre first duly swore, upon oath, deposes and says: " 1. That he is the owner, or the legal representative of the owner, submitting the accompanring application for a public hearing as required by Ordinance No. 9500 of the Code of the City of MiantIL, rlorida; effecting the real property located in the City of t4jami as described and Lis -wed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if arty, have given their full and complete pe -n ssion for him to act in their behalf for the charge ,)r modification of a classification or regulation of zoning as set cut in the acco—parr Jr g petition. 3. That the page= attached hereto and made a part of this affidavit contai-1 the cur -rent names, m3.:1.:...g addresses, phone nm=-Ibe s and legal des c ;ptions for the real property which ne is the owner or legal representative. 4. The facts -as represented in the application and doc, tints subr;itted in conjunction with this affidavit are true and correct. Further Affi.ant sayeth not. ( vame ,1 Sworn to and Subscribed before me this ,g !'day of�9$� grj Public, State of Florida at Large MY Ccrrtissicn Fxp ,res: 10"Ry pull!( ,11iE OF F1011111 AC C0111155JUN Esp. Now. 5.1II0 Witk' S LIST Mailing Address C own er`s Nave _,.. Mai I i ng Add; e5s_ Te f eoh ne Nw-mber 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 Leaal Description 16 Street Address Legal Description Street Address Legal Description Eq, nxtl:8 O. ...ZL Ot� 1. LL.;al description aM Street address of subject real PttY! Garden City 8ubdiviSibn - block 11 lots 1.01 and 20 and the north 10 feet Of lot 18 as recorded in Plat book 5o at oade City of Miami, section d'22-53-41, Dade Count,, Florida I Street address- t620- and 3631 N. W, 24th Avenue Miami, T .La. 23142 An of mlij3ett, real pmw� - d- Note! CJtV of Miami Ordinance 114o, 9419 ra_.cpiret disclosure of all parties financial interest, either dittdt Or indirect, in the subject matter of a presentation, request or petition to the City COMMiltiOho AdCordinglyp question 12 requires disclosure Of all Shareholders Of =rWrItionz, beneficiaries of trusts, Ir-e-10'r any other interested parties, tL-X;P.ther with their addresses and prcipottionati. interest. Natalio Ascar - sole property owner 3629 N. w. 24th Avenue Miami, Florida 331421 3631 N. w. 24th Avenue Miami, 'Florida 323142 3. Lecal description and I street address of any real property (a) owned by ctny party listed in answer to question 42,, and (b).located withi:-. 375 feet of the subject real Ino rt:Yo NONE STATE OF FL=A SS: =M CF DADE Natalio ASCar being duly sworn,, deposes and -ewner) of the .real property says tnar- ne is the (rawner) (Ac=r-ner described in answer to question il, above; that he.has read the foregoing answers and that the same are true and complete;and (if acting as attorney ; for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. before me this day of ";.9 NOTARY PUW, $TAT9 OF FWRICA, MY rQxM155JQNC 69*9#0 .1rolow 409T44T NOV. ;Q, I $#a, PWIWG rd comassir"'N J, (SEAL) .7 Natal 5 Uo Cary r1odda at Large 10410 1. begal.desCtiption. and ttteet addtett of subject teal P=PettV4 7. t owe 2. owner(s) of subject teal ptotvtt7 and percentage of ownership. it-V of Miami Ot6itiance No, 9419 requires disClo8utt Of all parties having a financial interest, either 6ittct or indirect, in the subject ft%ttet of a presentation, request or petition to the City COInitsiOm- Accotdinglyt question #2 requites disclosure of all shareholders Of corporations# beneficiaries Of trusts, aftd/or any other interested parties, together With their addresses and proportionate interest. 0 0 3. LeyLd description and street adJr'F-1S5 of any teal pt-opert--, t,;O A owned by any party listed in answer to . question ;2t arxi (b) " ocated w.L#-hin 375 feet of the subject real property. Lis / 1-1 '3 10 STATE OF FLORIDA SS: COL7kily CF DADE tz7-= be duly sworn ' deposes and J-n ttorney for Owner the real property says that ne is the (r_-wner) A described in answer to dues 'on 41, above; that he has read the foregoing answers and that th.e same are true and corrplete; and (if acting as attorney for owner) that he has authority toe to this Disclosure of Ownership form on behalf of the owner. (SEAL) S;qogq To A= SUBSCRIBED before me this day of 1)e,0gp,F99. cm C Florida at Lar9c My C0V455124 EYXIW.; piny nokU V411 V 494106 of $00945HPI ;if, Nov, 5,1190 ever) 10410 11 rl MIAMi REVi STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authoril) Sookie Williams, who on oath says President of Legal Advertising of the (except Saturday, Sunday and Legal published at Miami in Dade County. Fit' copy of advertisement, being a Legal A in the matter of CITY OF PIIAMT Re: Ordinance No. 3 In the X X X was published in said newspaper in th' March 30, 1989 Affiant further says that the sa, newspaper published at Miami in said and that the said newspaper has herett published In said Dade County, Flot Saturday, Sunday and Legal Holidays) a second class mail metier at the post. Dade County, Florida, tot a period of c the first publication of the attached cop alliant urther says that she has neither perso firm or corporation any discou or tor d for the purpose of securing publiion in the Said newspaper. / //// 1 �� r�,wotn.l• t � day of li i V1, _ NpWy Pub Ii�ZpY (SEAL) ! tr. •p is �_ I My Commissio'rf�6Otres,June 21..f£� MR 114A "i T' (�F?t D (^ % ref'i1171I 111t1�1%t! j t CI1`Y 01i MIAMI OAor: COUNTY, N L0010A LtGAL NiDiICE All interested persons will take notice Iha; on the 24th day of March, 1988, the City Commission of Miami; Florida, adopted the following titled ordinarti;es; ORDINANCE NO. 10309 AN EMERGENCY ORDINANCE AMENDING SECTION! t OF ORDINANCE NO. 10347; ADOPTED NOVEMBER 19, 1987, THE CAPITAL APPROPRIATIONS ORDINANCE, BY INCREASING APPROPRIATIONS TO THE PROJECT ENTITLED 'PIER 3—MAJOR REPAIR". PROJECT NO 413010, IN THE AMOUNT OF $30.000 FROM THE FY '88 GENERAL FUND, SPECIAL PROGRAMS AN ACCOUNTS --CONTINGENT FUND, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 10400 AN ORDINANCE AMENDING SECTIONS i AND 6 OF ORDINANCE NO 10321, ADOPTED SEPTEMBER 22, 1987, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988, BY INCREASING THE APPROPRIATIONS TO THE DINNER KEY MARINA ENTERPRISE FUND'13Y $900.wb. AND BY INCREASING REVENUES iN THE SAME AMOUNT FROM DINNER KEY MARINA RETAINED EARNINGS FOR THE PURPOSE OF FY'88 DEBT SERVICE PAYMENTS ON THE $12,100,000 LOAN FROM THE SUNSHINE STATE GOVERN- MENTAL FINANCING COMMISSION FOR DINNER KEY MARINA IMPROVEMENTS. CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE ORDINANCE NO. 10401 AN ORDINANCE AMENDING SECTIONS 2 AND 6 OF ORDINANCE NO, 10321, ADOPTED SEPTEMBER 22, 1987, THE ANNUAL APPROPRIATIONS ORDINANCE i FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988 BY ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED ^COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION—FY '88'% APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $13,850,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT j FUNDS AND PROGRAM INCOME FOR THE PURPOSE OF CARRYING OUT COM- MUNITY DEVELOPMENT ACTIVITIES WITHIN THE CITY OF MIAMi; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE ORDINANCE NO. 10402 AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMi, FLORIDA, AS AMENDED, TO PROVIDE FOR REGULATION OF BUS BENCHES AND SHELTERS IN ADDITION TO PRESENTLY EXISTING REGULATION OF BUS BENCHES AND SHEL- TEAS; AUTHORIZING THE CITY MANAGER TO ISSUE INVITATIONS FOR 13IDS'AND SET A MINIMUM BiD AMOUNT FOR CONSIDERATION FROM FIRMS SEEKING TO PLACE BENCHES AND SHELTERS UPON PUBLIC RIGHTS•OF-WAY; ALSO i PROVIDING FOR THE TIME PERIODS OF AGREEMENTS FOR SHELTER PLACEMENT; ESTABLISHING AN EFFECTIVE DATE; MORE PARTICULARLY AMENDING CiTY CODE SECTIONS 54.56, 54.58, 54.59, 54.61, 54.62, 54.63, AND 54.64; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO. 10403 AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "BLACK ARCHIVES—OVERTOWNHISTORIC VILLAGE"; APPROPRIATING FUNDS FOR THE SAME iN THE AMOUNT OF $17,000 FROM THE NATIONAL ENDOWMENT FOR THE ARTS FOR A MASTER PLAN FOR THE OVERTOWN HISTORIC FOLKLIFE ! VILLAGE; AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE AFOREMEN. TIONED GRANT AND ENTER INTO A GRANT AGREEMENT WITH THE NATIONAL ENDOWMENT FOR THE.ARTS; CONTAINING A REPEALER PROVISION AND SEV, ERABILITY CLAUSE. ORDINANCE NO. 10404 I AN ORDINANCE ESTABLISHING A NEW REVENUE FUND ENTtTLEDt "SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM-19881JTPA II•B", APPROPRIAT• i ING FUNDS FOR ITS OPERATION I THE AMOUNT OF $931,120 FROM THE SOUTH i FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE SOUTH FLORIDA EMPLOY- (' MENT AND TRAINING CONSORTIUM AND TO ENTER INTO THE NECESSARY CON. i TRACT(S) AND/OR AGREEMENT(S) FOR.THE ACCEPTANCE OF THE GRANT; . CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO. 10405 AN EMERGENCY ORDINANCE AUTHORIZING THE CREATION OF ONE OR MORE SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS WITHIN THE'CITY OF MIAMI, i FLORIDA, BY THREE OPTIONAL METHODS: A LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT PER SECTION 163.506 F.S,; A PROPERTY OWNERS ASSOCIATION NEIGHBORHOOD IMPROVEMENT DISTRICT PER SECTION 163.508 FS.; A SPECIAL NEIGHBORHOODIMPROVEMENT DISTRICT PER SECTION 163.511 F.S:; ALL IN .ACCORDANCE WITH THE PROVISIONS OF FLORIDA.1987 GENERAL LAW CHAPTER 87.243, SECTIONS 55-73, AND SECTIONS 163,501 THROUGH 163.522 F.S., REFERRED TO AS THE "SAFE NEIGHBORHOOD I ACT", ORDINANCE NO. 10406 AN EMERGENCY ORDINANCE AUTHORIZING THE CREATION OF THE WYNWOOD` LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT; IN ACCORD. t ANCE WITH SECTION 163.506 F.S.; AN AREA OF APPROXIMATELY 368 ACRES IN SIZE LOCATED WITHIN THE CITY OF MIAMI; BOUNDED BY NW 36TH STREET; NW 21ST TERRACE AND NW 22ND STREET, MIAMI AVENUE, AND NW 6TH AVENUE; AUTHORIZING THIS DISTRICT TO RECEIVE A PLANNING GRANT FROM THE SAFE 1 NEIGHBORHOOD TRUST FUND; INCLUDING A STATEMENT OF PURPOSE TO UTI- LIZE SPECIAL ASSESSMENTS ON REAL PROPERTY WITHIN THE DISTRICT; DES, IGNATING THE MIAMI CiTY COMMISSION AS THE BOARD OF DIRECTORS OF THE DISTRICT; PROVIDING FOR THE ESTABLISHMENT OF AN ADVISORY COUN CIL TO THE BOARD OF DIRECTORS COMPOSED, OF PROPERTY OWNERS OR RESIDENTS OF THE DISTRICT; PROVIDING FOR THE OPTIONAL PROHIBITION OF THE USE OF ANY DISTRICT POWER AUTHORIZED BY SECTION 163.514 ;F,S„ t PROVIDING FOR THE DISSOLUTION OF THE DISTRICT BY THE CITY COMMIS SION BY RESCINDING THE .HEREIN ORDINANCE; ALL iN ACCORDANCE WITH THE PROVISIONS OF FLORIDA 1987 GENERAL LAW CHAPTER 8T243,.SECTIONS 55.73, AND SECTIONS 163,501 THROUGH 163-522 F.S.; REFERRED TO AS THE "SAFE NEIGHBORHOOD ACT." ORDINANCE NO.10407 AN EMERGENCY ORDINANCE SUSPENDING THE COLLECTION FOR 30 DAYS OF THE CITY'S.RIGHTS•OF-WAY CLEANING FEES. ORDINANCE N0,10408 t AN ORDINANCE AMENDING THE MIAMi COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 2575 S.W. 28TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANG iNG THE DESIGNATION OF THE SUBJECT PROPERTY FROM LOW DENSITY' RESIDENTIAL: TO RESIDENTIAL OFFICE; MAKING FINDINGS; AND CONTAiNING A REPEALER PROVISION AND A SEVERABILITY Ci.AUSE. i ORDINANCE NO.10400 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZANiNG RRQINANCE OF THE CiTY OF MIAMI, FLORIDA, BY CHANGING THE + t ?QNiNG C!,A461FiCATION OF,APPROXII MIAMi, FLORID ,, MINUS THE EASTERi 'ARTiCULARLY DESCRIBED 'HEREIN) RESIDENTIAL TO RO V4 RESIDENTIAL - MAKING ALL THE NECESSARY CHANT ATLAS MADE' A ;PART OF ORDINANCE`: TION IN A:RTIC49 3, SECTION 409, PROVISION ARP A SEVERAWWTY 0 4 �i1�11NAM>i A :RERE�ILE)i ORh(QS� PI„4iN .