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HomeMy WebLinkAboutO-10374J-87r-847 9/29/8.7 ORDINANCE NO. 10374 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 13Y CHANGING `.PHE ZONING CLASSIFICATION OF APPROXIMATELY 2951- 2999 SOUTHWEST 22ND TERRACE;, +9r.AMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEE2i?,:IN) FROM RG-1,/3 GENERAL RES DENTTAL (ONE AND TWO FAMILY) TO CR-2/7 COMMERCIAL RES.I.DENTIAL (COMMUNITY) BY MAKING FINDINGS; ANC) E3Y MAKING ALL `RE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING; ATLAS MADE A 'PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CON`:['AINING A REPEALER PROVISION AND A SEVERABILI`PY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of IN September. 21, 1987, Item No. 1, following an advertised hearing, adopted Resolution No. 7B 103-87, by a seven to two (7-2) vote, RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of 'zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 9500, the zoning ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of approximately 2951-2999 Southwest 22nd Terrace, Miami, Florida, more particularly described as Lots 26-29 inclusive, Block 2, MIAMI SUBURBAN ACRES Amended as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida, from RG-1/3 General Residential (One and Two Family) to CR-2/7 Commercial Residential (Community;). Section 2. it is hereby found that this zoning classification change: 107 J-87-847 9/29/81 ORDINANCE NO. 1LO37 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY 01 MIAMC, FLOR:IDA, 13Y CHANGING THE ZONING CLASSIFICATION OP APPROXIMATELY 295.1- 2999 SOUTHWEST 22ND TERRACE" MlAM:t, FLORIDA,, (MORE PARTICULARLY DESCRIBED H'ERF,CN) FROM R6=-1,/3 GENERAL, RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7 (.*OMM1 RC1A1, RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL, THE NECESSARY CHANCES ON PAGE NO. 42 OF SAID ZONING", ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE; AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at i t s rneeti.ng of .September 21, 1987, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 103-87, by a sevfan to two (7-2) vote, ,i RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission after carei`ul consideration of } this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to — grant this change of zoning classification as hereinafter set —1 forth; i NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 9500, the zoning ordinance of the City of. Miami, Florida, is hereby amended` by changing the zoning classification of approximately 2951 -2999 Southwest 22nd Terrace, Miami, Florida, more particularly described as Lots 26-29 inclusive, Block 2, MIAMI SUBURBAN ACRES Amended as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida, from RG-1/3 General Residential (One and Two Family) to CR-2/7 Commercial Residential (Community), Section 2. It is classification change: hereby found that this zoning 0 (a) Is in conformity with the adopted Miami Comprehensive Neighborhood Plan; 4 (b) Is not contrary to the e; tahl i shed land use pattern,, c) Will hot create an isolated district: unrelated t adjacent and nearby districts; (d) Is riot out t-.>f scale with the needs of the neighborhc)od or the City; (e) Will not materially atter the population density pattern (-) r increase or overtax the lbad on public facilities such as 15:,chools, utilities, streets, etc.; (f) Is necessary due to changed or changing conditions; (g) Will not adversely influence living conditions in the neighborhood; (h) Will not create or excessively increase traffic congestion or otherwise affect public safety; (i) Will not create a drainage problem; (j) Will not seriously reduce light and air to adjacent area; (k) Will not adversely affect property values in the adjacent area;. (1) Will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; (m) Will not constitute a grant of speciall privilege to an individual owner as contrasted with protection of the public welfare. Section 3. Page No. 42 of the Zoning Atlas, made a part of ordinance No. 9500 by reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, 10374 the he remaining pr(.-)vi,;I.on8 of this ordinance shall not be affected. This ordinance shall, be operative and the provisions thereoft unless otherwise indicated, shall became of in aocordance with City Charter provisions. PASSED ON FIRST READING BY TITLE ONLY this day of December ► 1987. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of _January ► 198 B. ATTESTI e. f,4_­ , MATT, H I R I XAVIER L.eZ,, Mayor City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney APPROVED,, -AS TO FORM AND CORRECTNESS: LUtf—A M-1 DOU CIERTY CAty Attorney GMM/rcl/M214 (It of Nlimni' 11twichl, A. 1), 19r/:1 of and 'i,, ihe Stmill Door of 010 place proVided for ow"evs and p;00i Ow ph.'v svidof S.-lid D. 19 (,Ivr r, -3- 10374 m J-87--84 / t 9/29/87 ORDINANCE NO. t0374 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE + 11 ZONING CLASSIFICATION OF APPROXIMATELY 2951- 2999 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY D88CRI8ED HEREIN) FROM , RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of September 21, 1987, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 103-87, by a seven to two (7-2) vote, RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: a Section 1. The Zoning Atlas of Ordinance No. 9500, the zoning ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of approximately 2951-2999 Southwest 21nd Terrace, Miami, Florida, more particularly scribed a Lots 2626-29 inclusive, Block 2, MIAMI SUBURBAN ACRES Amended as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida, from RG-1/3 General Residential (One and Two Family) to CR-2/7 Commercial Residential (Community) Section 21 it is hereby found that this zoning classification change: W- (a) Is in Conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) Will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the heeds of the neighborhood or the City; (e) Will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Is necessary due to changed or changing conditions; (g) will not adversely influence living conditions in the neighborhood; (h) Will not create or excessively increase traffic congestion or otherwise affect public safety; (i) Will not create a drainage problem; (j) Will not seriously reduce light and air to adjacent area; (k) Will not adversely affect property values in the adjacent area; (1) Will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; (m) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. Section 3. Page No. 42 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, 1 Section 300 of Said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed, Section 5. If any section, part of section, paragraph, clawse, phrase, or word of this ordinance is declared invalid, t I he remaining provisions of this otd inante shall not be affected, This ordinance shall be operative 'and the provisions th0teof t unless otherwise indicated, shall become effective in accordahce with City Charter provisions. PASSED ON FIRST READING BY TITLE ONLY this grin day of Dec e m be r. 1987. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of January 198 8. ATT MAT !M HIRAI XAVIER L. SUARUto Mayor City Clerk PREPARED AND APPROVED BY: (\Nk G. MIRIAM MAER Assistant City Attorney APPROVE TO FORM AND CORRECTNESS: LMIA A. DOUCyHERTY Fity Attorne"y GMM/rcl/M214 i LOCATION/LEGAL APPLICANT/OWNER ZONING REQUEST RECOMMENDATIONS PLANNING DEPARTMENT i ZONING FACT SHEET Z04 Approximately 2951-2999 SW 22 Terrace Lots 26-29 inclusive Block 2 MIAMI SUBURBAN ACRES AMENDED (4-73) P.R:D.C. Challenger Investments, Inc. Jorge Rodriguez c/o Martin Levinson, E-sq. 11533 South Dixie Highway Miami, FL 33156 Phone # 445-4040 Greenberg, Traurig, et. al. c/o, Sheila Wolfson, Esq. 1401 Brick ell Avenue Miami, FL 33131 Phone # 579-0581 RG-1/3 General Residential (One and Two -Family) Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami to CR-2/7 Commercial Residential (Community), DENIAL. The proposed change would be in co—n�with the adopted Miami Comprehensive Neighborhood Plan and would require a plan amendment. The proposed change would deviate from the established land use pattern. The change suggested is out of 'scale with the needs of the neighborhood and City'. There have been no changing conditions in the area that make the passage of the proposed change necessary " The proposed change would adversely influence living conditions in the neighborhood. The proposed change would constitute- a grant of special privilege to an individual owner as contrasted with protection of the public welfare. There are no substantial reasons why the, property cannot be used in accord with existing zoning for a special exception for off, site parking facility. There is ample commercial zoning and areas for commercial development within the community without additional rezoning as requested herein. LOCATION/LEGAL APPLICANT/OWNER ZONING REQUEST RECOMMENDATIONS PLANNING DEPARTMENT A ZONING FACT SHEET Approximately 2951-�2999 SW 22 Terrace Lots 26--29 inclusive Block 2 MIAMI SUBURBAN ACRES .AMENDED (4-73) P.R,D.C. Challenger Investments, Inc. Jorge Rodriguez c/o Martin Levinson, Esq. 11533 South Dixie Highway Miami, FL 33156 Phone 4 445-4040 Greenberg, Traurig, et. al. c/o Sheila Wolfson, Esq. 1401 Brickell Avenue Miami, FL 33131 Phone # 579-0581 RG-1/3 General Residential (One and Two -Family) Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami to CR-2/7 Commercial Residential (Community). DENIAL. The proposed change would be in conMct with the adopted Miami Comprehensive Neighborhood Plan and would require a plan amendment. The proposed change would deviate from the established land use pattern. The change suggested is out of scale with the needs of the neighborhood and City. There have been no changing conditions in the area that make the passage of the proposed change necessary The proposed change would adversely influence living conditions in the neighborhood. The proposed change. would constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. There are no substantial reasons why the property cannot be used in accord with existing zoning for a special exception for off site parking facility, There is ample commercial zoning and areas for commercial development within the community without additional rezoning as, reggested herein. 0374 Recent legislation approved by the City of Miami Commission granted rezoning of residential property facing SW 22 Terrace to be converted to commercial zone, under similar development conditions. PUBLIC WORKS The. sanitary sewer system has sufficient _ capacity to serve the subject property if the zoning is changed from RG-1/3 to CR-2/7. However, if this property is rezoned it will established a precedent for other property owners on the north side of SW 22 Terrace between SW 27 Avenue and SW 32 Avenue to request a similar zoning change. The sanitary sewer system does not have the design capacity to serve the area if the other properties on the north side of SW 22 Terrace are also rezoned to CR-2/7. DADE COUNTY PUBLIC WORKS No comments. - ZONING BOARD At its meeting of September 3, 1987 the Zoning Board adopted Resolution ZB 102-87 by a 9 to 0 vote deferring the item for applicant to meet with nei ghbbors, At its meeting of September 21, 1987 the Zoning Board adopted Resolution ZB 103-67 by a 7 to 2 vote recommending approval of the above. One proponent and six opponents were present at the meeting. Three replies in favor and six objections were received by mail. CITY COMMISSION At its meeting of October 22, 1987, the City Commission continued the above to its meeting of November 12, 1987. At its meeting of December 2, 1987, the City Commission passed the above.on First Reading accepting the voluntary covenant. HISTORY Planning and Zoning Board Meeting 10/8/62 REQUEST Conditional Use for off-street parking for Lots 28 and Z9. PLANNING DEPARTMENT Approvdl PLANNING AND ZONING BOARD Recommend Conditional Use, Res, 554. Requested a zoning study, Res, 555, City Commission Meeting 11/7/62 Granted Conditional Use, Res, 34067, t Planning and Zoning Board Meeting 1/10/66 REQUEST Conditional Use to permit continued off-street parking and to allow two 10' openings on SW 22 Terrace for Lots 28 and 29. PLANNING DEPARTMENT Denial of openings. PLANNING AND ZONING BOARD Recommended Conditional Use, and denied openings, Res. 66-12. Zoning Board Meeting 12/15/69 REQUEST Conditional Use to permit one 10' opening on SW 22 Terrace for Lots 28 and 29. ZONING BOARD Denied the opening, Res. 69 -357._ City Commission Meeting 1/22/70 Deferred for 90 days. City Commission Meeting 4/23/70 Denied the opening, Res. 41476. IL0374 3 33 134 1331 72 173 P o - . ') , , 7 -,- !1P.I 21 :19 e IS, I 14 1�1413 UIt ioa 5 24 27 28 29 3 Tos 32 33 34 35 20 1 1 1! I 43 A 4 A 3 4 a �41 40 2 %4 13 14 6 46 4 7 4 4 4 2 i 5 0 5 /f ;:v WIURBAN C C\j SW714� T. SUBUFS L 14 15 t4 17 is 19 20 21, 42 3 'A C R s TElm V1 /87 AS 40, 4 i I AP J-17 30 34 3 314 3l as as Item 7 Approx, 2951-2%9 SW 22 Terrace 0 JH I I I j 59 U $4 501 146,07 68`4915n -44 10374trn . kb- VN71% 0 APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83- i SHE Lr1 WOLFSON 1, � hereby apply to the City Commis- sion of the City of Miami for an amenament to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: X 1. Address of property 2963 S.W. ?2nd Terrace, Mlamj , F'_o-:da X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attaph to application) x 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83`and attach to application). X 4. Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application.) a 5. At least two photographs that show the entire property (land and improvements). 6. Atlas sheet(s) on which property appears 42 ` r 7. Preient Zoning Designation RG - 113 .r 8. Proposed Zoning Designation CR - 2 t 7 X 9. Statement explaining why present zoning designation is inappropriate. (Attach' to application) 10, Statement as to why proposed zoning designation is appropriate. (attach to appii- cation) 11. Other (Specify) r 12. Filing Fee of $21 8-1 . 0 ) according to following schedule; (a) To; RS-1, R5-1.1, RS-21 0.04 Qer sq►ft, of net lot area, minimum RC - I, Pp•M, PD,.HC, 1300-00 W To RQ-2, RC-2 It MOM 04 per sq,ft, of net lot area, minim m RQ4.3, ROR I RQ•2, I W To; RC-2,2, R(:=3, RQ.3 $0;08 per sq.ft, of net lot greta, minimum $400.00 i (d) To: CR-I, CR-2, 0.10 per sgJt. of net lot area, minimum CR-3, 0-I, CG-I, ;500.00 CC-2, WF-I, WF-R, 1.1, 1-2; SPI-1,2,5j, 8,9,11,12 (e) To: CBD-I, SPI-6 $0.12 per sq.ft. of net lot area, minimum $600.00 (f) For any change in a sector number only, for a particular district cicssifica- tion, the fee shall be the some as for a change in its district classification, as shown in (b) through (e) above. (g) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.00; to be refunded if there is no appeal. (City Code - Section 62-61) Signature Name GREENBERG, TRa'UR:G, ASKEW �401 Bricker- Avenue Address K-ami , - l da 3 3' 3 I Phone (305) 5-9-'}553' STATE OF FLORIDA) SS: 'COUNTY OF DADE ) Si?E:Ln WOLFSON ,being duly sworn, deposes cnd says t at he is the wner Authorized Agent for wner of the real property described in answer to question #1, above; that he has read the foregoing answers and that the some are true and complete; and (if acting as agent for owner) that he has authority to execute this petition, on behalf of the owner. CJ (SEAL) SWORN TO AND SUBSCRIBED before me this 5ttt da of auqusc _�..,.-.. 9817. Notary Public, �twe of r Iorico at iacrgo MY COMMISSION EXPIRES: f RR lfy • .• - f11 RG •� T• rR,.� �. 1\i r1��iO��ia�1 .'�,f i,.JS �n ...• .+ r. �ZTJ li,iG u�i ,i _�'/G r".a._S.r..:1T . , c %\ t ^ Properties located between Coral :day 3nd S. d, 22nd --:.race and between S.W. 31st Avenue and S.W. 29th .�.;enue ^.3ve one of e) zoning designations. Those lots fronti-q onto oral :dad ara zoned CR-2/7, and those lots fronting onto S.W. 22nd Ter -ace are zoned RG-1/3. The RG-1;13 zoning is general'_, used for off-street parking to serve the adjacent properties within the CR-2,„ zone. Permits allowing the above -described 3:range.ment - here the RG-1/3 lots are :used for off-street commercial parting serving uses within the CR-2/7 zone - 'lave been approvea number of locations in this area. The 3bove-descriced zoning pattern does not allow'_- ity and creativity in building and site design since loading and commercial floor area ,must be located within the CR-217 zone and parting is forced to be Located within the RG-1/3 zone in order to allow reasonable development of commercial _`loor area within the CR-2/7 zone.. Innovative building designs having alternative arrangements of the paring, loading and commercial floor '3:ea are precluded by this zoning .pattern. Therefore, tecause of the negative effect the exisr:-g zoning pattern nas .on building design and site planning, and because of the local;on of the subject property, the present zoning designation is inappropriate. 10. APPROPRI TE"1rSSOF THE ?ROPOSEJ 1091:`IG 'uAVGE Given the zoning and use; patterns de gibed in the section outlining the inappropriateness of the prese:,t zoning classifica- tion, the proposed cnange in the zoning C2-2/7 would allow more creative planning of the lots between coral Way and S.W. 22nd Terrace in that greater fIexi'b;.lity .00uld exist in the arrangement of parking, loading and commercial space. The apalizant is prepared to submit 3 unity of title to insure the comprehensive site planning of their two lots Fronting on Coral ';day and their adjacent four lots w' is ago she ssb�ect of this zoning application. Because of ;:hanged circums43nces wi::^ ^, tnA a_ea wh ^ti saw- port the comprehensive site planning of Lots fronting on Coral qay, along with the .adjacent lots fronting on S.'d. ^«nd 7err3ce, requested zoning' hange is in the public interest and .- -iauest would contribute toward the stated intent ,T.,f,, 3tions. STATZ OF Frl=W (=m CF CAGE Before me, the undertigned authority, this day pervoralj:t appeaxtd S ri E IAL A W 0 Z. FS 0 N* who be ipg by d Uly swom" upon oath, deposes and says: I. TrAt he it the �wher, or the legal mpresentAtive of the ooner, submittir4 the accompanying application for a public hearing as required by Citinance No. 9500 of the Code of the City of Miami, Florida, effect:Lng the real pr--pemy located in the City of Kiami 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 permission for him to act in "-.a:Lr behalf for the &.L-ge or =L-fication of a classification or regulatic.r. :X zoning as set cut in the acccmppwry-irg petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names , mailing addresses, phcne m=.beirs and legal desc.--i;ticns for the real proper-t-j which he is the owner or legal representative. 4. The facts as represented in the applicaticn and dc.—a—.ents submitted in conjunction ocith this affidavit are true and ccr.----c-.. FtLmher Affiant sayeth not. �j (SEAL) (Name 1 SHEILA WOLFSON Dworn to and Subscribed before me this 5th day of August 19__a7 Nar-ar*,- Public, State of Flor-ida at Large My rcmTti--sion Zxpires, a I;LO3701 v'S T Mailing Atldrti;5 j.r �r'�t.{ D1K{ . a211.'14 .e1 ephOne Nutnbtr 1. ► 4 4 Legal deatription: , SUBURBAN ACRES ,.KEtiDED, Plat S'c;{ 4, at Page 7;3, cf the Pub, Iiz Records c° Da de Flcr;.da Owner's Name- .:_cr_: e Rc r_,;:ez cio Martin LeL!inson, Esq Mailing Address :1513 South Dixie 4 :shwa Telephone Number 13051 445-4040 Legal Description: Lots 26, 27, 28 and 29, Block 2 of MIAMI SUSURBAN ACRES AMENDED, Plat Book 4, at Page 73, of the Public Records of Dade County, Flcrlda Owner's Name Mailing Address Telephone Number -Legal Description: Any ot:. • real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the sub;ect. site is listed as follows: Street Address Legal Description 2960 Coral Way 'ots %, 3, Miami, Florida M7-AIMI SUBURBAN yCRESyAMENDED, Put. Back 4, at Pace 3, cf the Public Records of Dace County, r_C:- _, a Street Address Legal Description Street Address Legal Description 103' `- 1. Legal description ark street address of subject teal prtyt .oIs 26., 27;, 28 and 29, Bloc'k , r-I1AA'& SUBURBAN ACRES AIMENn8b, Plat 3cck 4, at Page "3, o: the P,.iel.... Records �:f Dade _Dune Flcrlda 2. Owner(s) of miujett real proms.: and- percentage of ownership. Notet City of Miami Ordinance NO, 9411 requires disclosure of all parties saving a financial interest, either direct or indirect, in the subject matter of a presentation, request 'or petition to the City Commission. Accordingly, question 12 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or ahy other interested parties, together with their addresses and proportionate interest. Owned 50% b;, Challenger ..nvestcients, Inc. and 50� by Jorge Rodriguez, Jndlv.ded cr.e-half interests, c'o Martin Levinson, Esq., 11533 South Dixie Hlgnwa, Kiaml, Florida 33156 Challenger 1n •es~:ae^'ts, nc. '-as -e shareholde.- who owns 100 o5 its stock, said sha -:older is Anancio Victor Suarez, 7290 Lago Drive Ws- i, Coral Gables, Florida 33143 3. Legal description and street address of any real property (a) owned by any party listed in ans.+er to question t2, and (b) located with. 375 feet of the subject real property. rots 7 and a, all in Block 2, M A.h, SUS,;RBAN -CnES AMENDED, Plat Book 4, at Page -73, __ ,.-e Records of Dade County, Florida 6'50% owned by Challenger Investments, ;.n . an:j 30% by forge Rodriguez W r=RiEy MR SHEILA WOLFSON STA= OF.FLORLDA i SS: COMM CF =E ) SHEILA WOLFSON being duly sworn, deposes and says tnac no is the tirwnerr (Attorney for Ow-ner) of the seal property described in wer`to question #l, ahovet that he -has read the foregoing answers and that the same are true and oarplete; and (it acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. (SF.AG) WOL SON 17491 'Its PItA SUGS IB&V b-.fore me this Utz day of augus=.; 1987 . lv tat"j F=l ic" ?tact* Floc 4a At LAM 1,037 DECLARATION OF RESTPtCTtVE COVENANTS This Declaration of Restrictive Covenants by Challenger investments, Inc., a Florida corporation, and Jorge Rodriguet ("Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida. W 1 T N E S S E T H: WHEREAS, the Owners hold Fee -simple title to certain prop erty in the City of Miami, Florida ("the City"), consisting of Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as pet the plat thereof recorded in Plat Book 4, Page 73 in the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Owners are presently applicants before the City of Miami City Commission for a change of zoning classification in the Official Zoning atlas of the City of Miami, from RG-1/3 (Gen- eral Residential) to CR-2/7 (Commercial Residential) for the above -described property, less the south 1 foot thereof; and WHEREAS, the Owners are desirous of making a binding commit- ment to assure that the Property shall be developed in accordance' with the provisions of this beclaration NOW, THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land binding upon the Owners of the Property, and their successors and assigns as follows: A. Building Height Limitation. The height of buildings located within fifty (50) feet of the south property line of the Property along S.W. 22nd Terrace shall not exceed two (2) stories or thirty-five (35) feet. B. Landscape Buffer and Wall, Prior to the issuance of a',' building permit an cne Property, Owners shall obtain approval_ of Prepared by: Anthony J. O'Donnell, Jr,, Esq. Greenberg, Tra4rig, Askew, Hoffman Lipoff., Rosen 4 Quentel, P.A. 1401. Br ickell Avenue. Miami, Florida 33131 r 10374 a landscape plan from the City of Miami ?lanninc DeodrtmP-mt which plan shall reflect a landscape buffer with a width of twenty (ZU) feet along the entire south property line of the property alonq S.W. 22nd Terrace. This buffer will contain landscaoing inclihed towards a six foot high masonry wall which Owners shall construct at the northern boundary of the twenty foot landscaping buffer. The Landscaping of the property shall be installed in conformity with said landscape plan; and the Owners shall also be responsible for the permanent -maintenance of the landscaping on the Property. C. Vehicular Access Limitation. No vehicular access for ingress or egress shall be permitted across the south property line of the Property along S.W. 22nd Terrace. D. Effective Date. If the City Commission of the City approves the Owners' pending application for an amendment to the City of Miami Zoning Atlas, 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 Owners, their successors and assigns. These restric- tions shall be for the benefit and limitation upon all present and future owners of the Property and for the public welfare. E. 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 same has been approved by the City of Miami Commission. Should this instrument be so modified, amended or released, the Director of the Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. F. Term of Covenant, This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owners, their successors and assigns for an - 2 initial period of thirty (30) years from the date of this insttu- ment 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, G. Presumption of Compl.i.ance, inhere construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Miami, and inspections made and approval of occupancy given by the City, the same shall create a presumption that the buildings or structures thus con- structed comply with the intent and spirit of this Declaration of Restrictive Covenants and said Declaration shall not be construed as a cloud on title to any of said property upon which said development has occurred. H. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the privilege at any time during normal working hourst to deter- mine whether the conditions of this Declaration are being com- plied with. An enforcement action may be brought by the City or by any property owner within 350 feet of the Property 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 suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement orovision shall be in addition to any other remedies available under the law, I. Severability. Invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other provisions 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 regula- tions applicable to the Property. Recording. This Declarat cn shall be filed of record among the Public Records of Dade County, Florida, at the cost' or the Owners. 3 IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of 1987. Witnesses: CHALLENGER INVESTMENTS, Florida corporation By (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) Before me, the undersigned authority, personally appeared , the of Challenger Investments, Inc., who acknowledged on this day of 1987,' that he had the authority to execute the foregoing instrument for the purposes expressed therein. NOTARY PUBLIC State of Florida At Large My Commission Expires: JORGE RODRIGUEZ STATE OF FLORIDA ) SS: COUNTY OF DADE ) Before me, the undersigned authority, personally appeared JORGE RODRIGUEZ and acknowledged on this day of , 1987, that he executed the Foregoing instrument for the purposes expressed therein. NOTARY PUBLIC State of Florida At Large My Commission Expires: 4 037, Mr. 17oPeiiECi Luaces offered the J 10+Vii1 ReSO utl i, and moved its adoption. R.ESOLUI'ION -,B .?)3-87" AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3509 OF ORDINANC.. � � 9500, ' S A;�,ZDED , � THE ZONING BOARD RECOMMENDED APPROVAL TO CITY COMMISSION THE CiANGE bF ZONING CLASSIFICATION IN THE OFFICIAL ZONING ATLAS OF ZONING ORDINANCE 9500, AS AMENDED, FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO- FAMILY) TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) FOR PROPERTY LOCATED AT APPROXIMATELY 2951-2999 SW 22 TERRACE ALSO DESCRIBED AS LOTS 26-29 iLICLUSIVE, BLOCK 2, MIAMI SUBURBAN ACRES AMENDED (4-73) P.R D.C. Upon being seconded by Mr. George Barket, the motion was passed and adopted by the following vote:' AYES: Ms Basila Messrs. Gort, Milian, .:aces Barket, Sands and Romero ,IAYE, S: Ms. Morales Messr. Moran-Ribeauz eRG^'7"' MPacr. MAVor I OECLARATION OF REMICTIVE COVENANTS This Declaration of Restrictive Covenants by Challenger tnvestments, Inc., a Florida corporation, and Jorge Rodriguez ("Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida. W I T N E S S E T H: WHEREAS, the Owners hold Fee -simple title to certain prop- erty in,the City of Miami, Florida ("the City"), consisting of. Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per the plat thereof recorded in Plat Book 4, Page 73 in the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Owners are presently applicants before the City of Miami City Commission for a change of zoning classification in the Official Zoning Atlas of the City of Miami, from RG-1/3 (Gen- eral Residential) to CR-2/7 (Commercial Residential) for the above -described property, less the south 1 foot thereof; and WHEREAS, the Owners are desirous of making a binding commit- ment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land binding upon the Owners of the Property, and their successors and assigns as follows: A. Building Height Limitation. The height of buildings located within fifty (50) feet of the south property line of the Property along S.W. 22nd Terrace shall not exceed two (2) stories or thirty-five (35) feet. „ B. Landscape Buffer and Wall. Prior to the issuance of a building permit on the Property, Owners shall obtain approval of Prepared by Anthony J, O' Donnpll r Jr., Esq. Greenberg, TrAurigr Askew, Hoffman Li0off, Rosen rs Quentel, P.A. DECbAAATION OP MTRICTM COVENANTS This Declaration of Restrictive Covenants by Challenger Investments, Inc., a Florida corporation, and Jorpe Rodriguez ("Owner")_, in favor of the City of Miami, Florida, a municipality of the State of Florida. W I T N E S S E T H: WHEREAS, the Owners hold Fee -simple title to certain prop- erty in the City of Miami, Florida ("the City"), consisting of Lots 26 through 29, Block 2, MIAMI SUBURBAN ACRES LIMITED, as per the plat thereof recorded in Plat Book 4, Page 73 in the Public Records of Dade County, Florida (the "Property") and WHEREAS, the Owners are presently applicants before the City of Miami City Commission for a change of zoning classification in the Official Zoning Atlas of the City of Miami, from RG-1/3 (Gen- eral Residential) to CR-2/7 (Commercial Residential) for the f above -described property, less the south 1 foot thereof; and WHEREAS, the Owners are desirous of making a binding commit- ment to assure that the Property shall be developed in accordance with the provisions of this Declaration; -; NOW, THEREFORE, the Owners voluntarily covenant and agree t that the Property shall be subject to the following re'strictions that are intended and shall be deemed to be covenants running with the land binding upon the Owners of the Property, and their successors and assigns as follows: A. Building Height Limitation. The height of buildings located within fifty (50) feet of the south property line of the Property along S.W. 22nd Terrace shall not exceed two (2) stories or thirty-five (35) feet. B. Landscape Buffer and Wall. Prior to the issuance of a building permit on the Property, Owners shall obtain approval of Prepared by; Anthony J. O'Donnell, Jr., Esq. Greenberg, Traurig, Askew, Hoffman Lipoff, Rosen & Quentel, P.A. 1401 ar cked l Avenue 14jam , Florida 33131 -a landscape plan from the City of Miami Planning Department which plan shall reflect a landscape buffer with a width of twenty (20) feet along the entire south' property line of the Property along S.W. 22nd Terrace. This buffer will contain landscaping inclined towards a six foot high masonry wall which Owners shall construct at the northern boundary of the twenty foot landscaping buffer. The landscaping of the Property shall be installed in conformity with said landscape plan; and the owners shall also be respon- sible for the permanent maintenance of the landscaping on the Property. Owners agree to complete construction of the masonry wall within ninety days from the date of final zoning approval. C. Vehicular Access Limitation. No vehicular access for ingress or egress shall be permitted across the south property line of the Property along S.W. 22nd Terrace. D. Site Plan. Owner agrees to develop the Property sub- stantially in accordance with the site plan entitled "Radio Mambi Property" dated 1/6/88, revised 1/25/88 and prepared by Chisholm Santos and Raimundez. E. Parking. Owner agrees that parking provided for any development on the Property shall be a minimum of 110% of that required by the City of Miami Zoning Code. F. Child Care Contribution. Owner agrees to contribute the sum of $5,000.00 to the Park Improvement Trust Fund for Child Care Facilities prior to issuance of a certificate of occupancy for any building to be constructed on the Property. G. Commencement of Development. Owners agree to begin development on the Property by securing a building permit within one year from the date of final zoning approval. In the event that a permit is not secured within that time, the City Commis- sion may reconsider the grant of zoning approval. H, Effective Date. If the City Commission of the City approves the Owners' pending application for an amendment to the City of Miami Zoning Atlas, and after said approval has become final and non -appealable, this instrument shall constitute a .. _., ��r'�.. ^�'�i`iAF'�rnk,... .......� ' .,.:. �.. ... vszwrna�mrrrv+.•+s�m covenant running with the title to the Property and be binding upon the Owners, their successors and assigns. These restric- tions shall be for the benefit and limitation upon all present and future owners of the Property and for the public welfare. I. 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 same has been approved by the City of Miami Commission. Should this instrument be so modified, amended or released, the Director of the Planning Department or his successor, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment 0 or release. J. Term of Covenant. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owners, their successors and assigns for an initial period of thirty (•30) years from the date of this instru- ment is recorded in the public records and shall be automatically z extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. K. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City of Miami, and inspections made and approval of occupancy given by the City, the same shall create a presumption that the buildings or structures thus con- structed comply with the intent and spirit of this Declaration of Restrictive Covenants and said Declaration shall not be construed t as a cloud on title to any of said property upon which said -development has occurred. L. lns2ection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the privilege at any time during normal working hours, to deter- t mine whether the conditions of this Declaration are being com- plied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property 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 suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. M. Severability. Invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other provisions 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 regula- tions applicable to the Property. N. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owners. IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of 1988. Witnesses: CHALLENGER INVESTMENTSF INC., a Florida corporation By: (SEAL) STATE OF FLORIDA ) ' SS COUNTY OF DADt ) Before me, the undersigned authority, personally appeared the of Challenger lnvestments, Inc., who acknowledged cn this day of , 1988, r that he had the authority to execute the foregoing inttrument'for *the purposes expressed therein. NOTARY PUBLIC State of Florida At Large My Commission Expires: JORGE RODRIGUEZ STATE OF FLORIDA ) SS: COUNTY OF DADE ) Before me, the undersigned authority, personally appeared JORGE RODRIGUEZ and acknowledged_ on this day of , 1988, that he executed the foregoing instrument for the purposes expressed therein. NOTARY PUBLIC State of Florida At Large My Commission Expires: ...:•. N. .� Iry . ..,, ..:. ,. i 11 MIAMI REVIEW ht,hfished Dart ' txcei)l Situ'd&v Lrral Hohdays Nlianil Dad(? Gourltti — 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 a1 Miami in Dade County,. Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF III AMI ORDI[Mi CE NO. 10374 P.O. # 4222 in the X X X• Court, was published in said newspaper in the issues of February 19, 1983 Altiant 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 mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afliant 1 her says that she has neither paid nor promised any person, fi m or corporation any discount. rebate, commission or ref .t for the purpose of securing this advertisement for public it n in the id newspaper, 'ON I,, a� gwom ,tq jrl'dsuf§cribed before me this 19 q of("*Febjr4.ary A.o 1988 Cheryl t Marmer " A � fart' eup�lc, kitate-vf Florida at Large Z.'• !r 1, (SEAL) �� � My Commfa,9SdF e,tpire ; Aplit 1yT 13�- . MR 114 �e ( : - �i%%trttittV0 ­_._____­_­ ­ ---- 0 tt1ty t°lo VAIAMk, ftuoIk{t1A _, Lik6AL N6ti1rt All tnterested persons will take notice that on the 28th day of January, 1988, the City Commission of Miami; Florida, adopted the following titled ordinances: . ORDINANCE NO.10373 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (sEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 2951.2999 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE. SUBJECT PROPERTY FROM LOW MODERATE DENSITY RES- IDENTIAL to COMMERCIAURESIDENTIAL; MAKING FIND- iNGS; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE. ORDINANCE NO. 10374--" AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI• NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONiNG'CLASSI. FICATION OF APPROXIMATELY 2951.2999 SOUTHWEST 22NO TERRACE, MIAMI; FLORIDA, (MOREPARTICULARLY DESCRIBED HEREIN) FROM RG►1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7, COMMERCIAL REST- DENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALLTHE NECESSARY CHANGES ON PAGE NO.42 OF SAiD ZONING ATLAS MADE A PART OF. ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10376 AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF ORDINANCE 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PAGE 16,TO APPLY' SECTION 1610 HCA: GENERAL USE HERITAGE CONSER- VATiON OVERLAY DISTRICT; PURSUANT TO ARTICLE 16 TO THE ^13UENA'VISTA EAST HISTORIC DISTRICT" GENER• ALLY BOUNDED BY THE REAR LOT LINES BETWEEN NORTHEAST 48TH STREET AND NORTHEAST 49TH STREET ON THE NORTH; NORTHEAST2ND AVENUE ON THE EAST; NORTH MIAMi AVENUE ON THE WEST., AND NORTHEAST 42ND STREET AND THE REAR LOT LINES BETWEEN NORTHEAST 41ST STREET AND NORTHEAST 42ND STREET ON THE SOUTH; RETAINING THE UNDERLYING. ZONING DISTRICTS ADOPTING ANDi INCORPORATING BY REFER. ENCE THE HERITAGE CONSERVATION BOARD 'FINDINGS THAT THE BUENA VISTA EAST HISTORIC DISTRICT MEETS THE CRITERIA FOR HISTORIC DISTRICT DESIGNATION; ADOPTING AND INCORPORATING BY REFERENCE THE DESIGNATION REPORT; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE: ORDINANCE NO. 10376 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCEOF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20, ENTITLED "GENERAL SUPPLEMENTARY REGULATIONS SECTION. 2003, ACCESSORY USES AND STRUCTURES" BY ADDING A NEW SUBSECTION 2003.10 GARAGE SALES; SPECIAL PER- MITS TO PROVIDE LIMITATIONS AND REQUIREMENTS FOR`. GARAGE AND YARD SALES; ARTICLE 36 DEFINITIONS SEC- TION 3602. TO DEFINE GARAGE SALE; AND AMENDING PAGE 1 OF 6; OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; USES- AND STRUCTURES, ACCESSORY USES AND STRUCTURES, RS-I; RS-2; ONE -FAMILY DETACHED RESIDENTIAL, USES' PERMISSIBLE BY SPECIAL 1 PERMIT TO ADD A NEW PARAGRAPH 5 TO PROVIDE THAT ¢ GARAGE AND YARD SALES SHALL BE PERMISSIBLE ONLY BY SPECIAL GARAGE AND YARD SALE PERMIT AND BY AMENDING PAGE 2 OF 6, OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; USES AND STRUCTURES, AC CESSORY USES AND STRUCTURES, RG-2-GENERAL RESI- DENTIAL, BY ADDING AN EXCEPTION THAT GARAGE SALES SHALL NOT BE PERMITTED IN THE DISTRICT OF THE OFFI- CIAL SCHEDULE OF DISTRICT REGULATIONS; MAKING, FINDINGS; CONTAINING A REPEALER PROVISION AND.A SEVERABILITY CLAUSE. ORDINANCE NO. 10377 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CiTY OF, MIAMI, SECTION 2003.9 TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS, BY REPEALiNG EXISTING SUBSECTIONS 2003,9 1 THROUGH 2O03.9.6 OF SAID SECTION AND SUB. STITUTING THEREFOR CONDITIONS AND LIMITATIONS, AS TO SPECIFIED PUBLIC FACILITIES: ORANGE BOWL, BICEN- TENNIAL PARK AND BOBBY MADURO MIAMI BASEBALL STADIUM AND THEIR PARKING LOTS IN REGARD TO THE I NUMBER OF EVENTS ANNUALLY AND"PROVIDING FOR NOTIFICATION TO ADJACENT PROPERTY OWNERS; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO.10378 " AN ORDINANCE AMENDING ORDINANCE NO,'9500,.A$, AMENDED, THE ZONING ORDINANCE OF"THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS, SEC,, TION 2003 ACCESSORY USES AND STRUCTURES, SUBSECTI ON 2003.7 CONVENiENOE ESTABLISHMENTS AS ACCES- SORY TO RESIDENTIAL OR OFFICE USES" BY ADDING A NEW PARAGRAPH 2O03.710 VARIANCES FRQHIOITED; BY, AMENDING SECTtpN 2025 SIGNS, GENERALLY TOPRw3<. i VtnE THAT NO VARIANCESARE PERMITTED: BY AMENDING $SCTIQM 20 14 C9MMU,NITY BASED R1=SipENT'AL FAGILI- TiES BY ADDING A NEW SUBSECTION 20.34,A VARIANCES PROHIBITED: BY AMENDING :PROPOSED SECTION 20ati ERB A t 31o1 VARi,At .1 USE, ANP Matty Hirai April 1.3, 1988 A-87-158 City Clerk ordinance No. 10374 Miriam Ma6r Assistant City Attorney (one .. ........ .. On review of referenced Ordinance, I note in Section 1 thereof that the legal description contains a typographical 11misstype." The correct legal description is: Lots 26-29 inclusive, Block 2,- MIAMI SUBURBAN ACRES, amended as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County$ Florida. Therefore, please white out the "extra" 26. GMM/rcl/P036 enclosure cc: Guillermo Olmedillo Planning Department 77, r �i i i t t`r ",NO. 1-ONIb a t y r'. { ,Jix�1i chi F!C ieMOR A, 4OUNJ r Guillermo olmedillof,c` E`ebruary 1► 1988 9 A-81"158' Planning Department Radio MaMbi ?.toning Covenant G. Miriam Maer Ord. No, 1U374 CC 1/28/88 Assistant City Attorney (one) Attached please Find amended Covenant submitted January 29, 1988 following City Commission discussion of — January 28, 1988. Please give me your comments. GMM/rcl/P855 ccc Sergio Rodriguez Assistant City Manager - George V. Campbell Public Works Department Gloria Fox Hearing Boards Joseph A. Genuardi Zoning Administrator Matty Hirai City Clerk #AUpIG, GOtEN13tEoG. ASKrW. HoFFMAN, LipoF"P,, R000 a OUENttL, P.A. 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A.S, PICHARD A r,2SENL-ALj-.4 eMOWAPO OF.'ICE KENDALL 6 COFrry S-EVEN J kP-VITZ MONA.L.01 m 0CStNGAr7-,EN I A .,r BFt3WAPO BOULEVARD , SUITE 13SO CtANE - CONNIII SEVEN A LANDY jEIFPEY D DF�CAPLO ALLEN 0 LANGJA"Q ;:,AVID , PCS S ROBEPI D RauWN FORT I_AuDE"DALE. ri.00IOA 3-1394 OSCAR G Ct LA GUAP 014 ALAN S LEDERMAN nAPFN 0 305) "CS-0500 I , ALBERT A DtL CAST;LLO _EV'FRFY C LEVE, !-__4­CRO A SC.­M-N -ELrCO�y'305t ALAN T DIMOND NORMAN H Ll"Ort MARLENE A SI,VEQMAN CHARLES W EDGAR. ol CARLOS E LCUMtET STUART H S,NGER OPLANOC) OFFICE jErrREY L rOPMAN JUAN P LOUMIET Timc)Ty A SMITH NORTH GRANGE AVENUE . SUITE :SSO ROSEPT j rRIEOMAN PEDRO A MARTIN DAVID P SOFTNESS 00LANDO FLORIDA 32801 ROBERT C GANG 'Ay A MARTUS LAURA - STE-HENSCN 941 F222 LAURA A GANGEMI JCEL 0 MASER MARLENE GARCIA Nr ILLIAM LEE MI:GINNESS GARY P TiMIN ROeERT 14 TRAUP!C, .305) -e,' l-CCO-1 (305) 422- 2766 RICHARD C GAPRrTl jO.N T ME-.ZGEM uFPPOLD A IV15H BRIAN w. GAR? _CUIS R MONTELLO, 7.mcr­ C D­Ec' NO DRUCE H GILCS At Ell' A1_ICJA M. MORALES 5Hr.,L- WOL, SON (305) 5791-0674 ROBERT 8 G,NSVrG ..;-NET L 0 BWEN Pl(-.APDj 5;,jSTC ANTIt4ONYJ ODONNELI. JR �ACI­IAPY H WOLFI` :PFl PLEASE REPLY TO: NAIAMI OFFICE January 29, 1988 HAND DELIVERED Ms. Miriam Maer', Esquire Assistant City Attorney City of Miami 169 East Flagler Street Suite 1101 Miami, Florida Re: Radio Mambi Dear Ms. Maer: Enclosed for your review is a copy of the Declaration of Restrictive Covenants in connection with the above -noted matter. Please let our office know if the proffered Covenant is acceptable. Very truly yours, Kathleen M. Raispis Legal Assistant