HomeMy WebLinkAboutO-10380is
' J�-87 -1C1
3 S
11/11/87
t)RDINANC,E NO. 10418C}
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER
1985) ; FOR PROPERTY LOCATED AT APPROXIMATELY
3616-3638 NORTHWEST 23RD AVENUE (MORE
PARTICULARLY DESCRIBED HEREIN) BY CHANGING
DESIGNATION OF THE SUBJECT PROPERTY FROM
MODERATEfbENSITY RESIDENTIAL '.PO GENERAL
COMMERCIAL USE; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SE:VERAHILITY
CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 4, 1987, Item No. 3, following an advertised hearing
adopted Resolution No. PAB 68-87, by a 8 to 1 vote, RECOMMENDING
APPROVAL of an amendment to the Miami Comprehensi.vf= Neighborhood
Plan and Addenda (September 1985), as hereinafter set forth; and
WHEREAS, changing conditions in the area surrounding the
subject property, support the herein changes; 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 property located at
approximately 3616-3638 Northwest 23rd Avenue, more particularly
described as Lot(s) 10-13 inclusive, Block 8, GARDEN CITY, as
recorded in Plat Book 5 at page 73 of the Public Records of Dade
County, Florida, from Moderate/Density Residential to General
Commercial use.
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.
I,0 8
J-87-1035
11/17/87
ORDINANCE NO, toaso
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER
1985); FOR PROPERTY LOCATED AT APPROXIMATELY
3616-3638 NORTHWEST 23RD AVENUE; (MORE
PARTICULARLY DESCRIBED HER1-',IN) BY CHANCING
DESIGNATION OF THE SUBJECT PROPERTY FROM
MODERATE/DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL USE; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERARILITY
CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meetinq
of November. 4, 1987, Item No. 3, following an advertised hearing
adopted Resolution No. PAB 68-87, by a 8 to 1, vote, RECOMMENDING
APPROVAL of an amendment to the Miami. ("(-)mprehensive Neighborhood
Plan and Addenda (September 1985), as hereinafter set forth; and
WHEREAS, changing conditions in the area surrounding the
subject property, support the herein changes; 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 fT 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 property located at
approximately 3616-3638 Northwest 23rd Avenue, more particularly
described as Lot(s) 10-13 inclusive, Block 8, GARDEN CITY, as
recorded in Plat Book 5 at page 73 of the Public Records of Dade
County, Florida, from Moderate/Density Residential to General
Commercial use.
Section 2. It is hereby found that this Comprehensive
Plan designation change:
a. Is necessary 'due to change.d 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
It
103801
land usc, cateqories, singular].Y or in combination with
residential use, of 3 acres or less and does not, in
combination With ol-her changes during the last yearp
producf-� a cumulative effect of having changed more than
30 acres;
C. 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
d. The'herein amendment does not involve the same owner's
property within 200 feet of property provided a
Comprehensive ,Plan change within the last .12 months.
Section 3. All ordinances, code sections, or parts
thereof in conflict herewith are hereby repealed insofar as they
are in conflict.
Section 4. Should any part or p r c.) v i s i o n of this
Ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not af fect the validity of the ordinance
as a whole.
PASSED ON -FIRST READING BY TITLE ONLY this 10th -day
Of December 1987
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
.this _28th day of January 1988.
ATTES
MATTY HIRAI 1AVIER L. SUAREZ L/
CITY CLERK MAYOR
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND
CORRECTNESS:
MARIA J. CHIARO LUCIA 'A. DOUGERTY
Assistant City Attorney City Attorney
(Avrk of
of %J'.In,-
er(ifv Ilio,
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CL-ly of
10380,
' This Currective Declaration of Restrictive Covenant by
C0NSI03NMVNT AOTO SALES, INC., 2323 N,W, 36th Street, Miami,
Florida 33142 ("Owner"); in favor of the City of Miami, Florida a _
municipality within the State of Florida.
W I T N R 5 S E T H:
W88REAS, this Covenant serves to correct and supersede the
Declaration of Restrictive Covenants dated February 4, 1988, and
recorded February 9, 1988, in Official Records Book 13567, Page
3082 of the Public Records of Dade County, Florida.
WHEREAS, the owner holds fee -simple title to certain pro-
perty in the City of Miami, State of Florida ("The City"), con-
sisting of tots 10-13 in Block,8 of GARDEN CITY as per the Plat
thereof which is 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
the Official Zoning Atlas of the City of Miami, from RG 2/4 to CG
1/7.
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
General Commercial.
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 pe covenants running with
the land binding upon the owner of the Property, and its suc-
cessors and assigns as follows;
(a) The owner will construct on the Property an eight
(81) foot concrete wall and provide landscaping adjacent to the
wall, Said construction and landscaping subject to Planning
Department approval prior to issuance of a building permit.
(b) No ingress or egress will be permitted to or from N,W.
23rd Avenue,
• tff,ect, Date, If the City Cottittl si.6n of the City
aPPt6V0,t the owher's pending application for an aMohdtent 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 runing with the title
to the Property and be binding upon the Owner, its successors and
assigns. These restrictons shall be for the benefit and limitation
upon all present and future owners of the Property and for the
public welfare.
I• 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
binding upon the owner, its successors and assigns, for an initial
period of thirty (30) years from the date this instrument is
recorded in the public records and shall be automatically extended
. for successive periods of ten (10) years thereafter 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 hours, to determine whether the conditions of this
Declaration and the 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 (3751) of the Property or by
the City and shall oe 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
-2-
attioh or suit sq:Wl be,ettitled to recover Y',Alt8 and tesonablo
6tt0rh0Y'8 fees, This enforcement provision shall be in addition to
ahY 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 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:
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 WHEREOF the undersigned have set their hands
and seals this Z2 day of_�01/jt � �, 1988.
CONSIGNMENT AUTO SALES, INC., a•
Florida Corporation
WITNESS
By
WTTNESS Rody- Gomez,,PP sent
(CORPORATE SEAL)
Attest. �_-, ,_,h��,�_✓
Yrma Gomez, Secretary,
r"
STATE OF FLORIDA)
) SS:
COUNTY OF DADE )
Before me, the undersigned authority, personally appeared
Rody Gomez, the President and Yrma Gomez, the Secretary of CONSIGNMENT
AUTO SALES, INC., a Florida Corporation, and acknowledged on
this 22 day of 1988, that they executed the
foregoing instrument for ae purposes ex ressed erei .
0 A PURL C, at of
Flor. a at La
IiQt21y PLlpli�. �9 q! F aE �-'i+0�1
my cwww3 n Jan. '--Q' lit
My Commission Expires; PDXW Iry maw awwv Awvy
APPLICANT/OWNER
PETITION
REQUEST
ANALYSIS
RECOMMENDATION
PLANNING DEPARTMENT
PLANNING ADVISORY BOARD
CITY COMMISSION
PLANNING FACT SHEET
Consignment Auto Sales, Inc.
Rodovaldo Gomez, President
September 30, 1987
3. APPROXIMATELY 3616-3638 N.W. 23RD AVENUE
s - 3 inclusive
Block 8
GARDEN CITY (5-73) P.R.D.C.
Change of plan designation for the subject
property in the Miami Comprehensive
Neighborhood Plan (Sept., 1985), as amended,
from Moderate Density Residential to General
Commercial.
To change the plan designation of the subject
property from Moderate Density Residential to
General Commercial.
The subject site is located within a
residential area where there are a number of
well maintained properties. An encroachment of
this liberal commercial use will create undue,
hardship on the adjacent properties. and will
create a pressure for change in the character.
of the neighborhood. An additional intrusion
is represented by the transitional use
privilege extended to both properties on the
north and the west of the subject property. ,
Denial.
At its meeting of November 4, 1987, the Planning
Advisory Board adopted Resolution PAB 68-87, by
a 8 to 1 vote, recommending approval of the above.
Six replies in favor and two objections were
received by mail,
At its meeting of December 10, 1907, the City
Conimi$$ion passed the above on First Reading,
11/4/87
Item #3
Page 1
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10380
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X� 11�11tdtiGtl Iji
r
CITY OF MIAMI
PLANNING DEPARTMENT
27S M.W. 2 STREET
MIAMI, FLORIDA 33128
APPLICATION TO AMEND THE_MIAMI COMPREHFUNSIYE NEI6KBW 4= PUW
Section 62-17 of the Code of the City of Miami, Periodic review# additions and,
amenovtents to the adopted comprehensive plan, Wads as fo"Mrst
Periodically, but not less often than once ilk
five (5) 'years or more often than axe in tw
-(2) years, adopted comprehensive plans or a
portion the"eof shall be reviewW by the
planning advisory board to datermim whether
changes in the count, kind or direction of
development and gro+irth of the city or, wea
thereof, or other reasons, sake it necessary or
benef i ci a to ` sake add i ti ons or aetsnd■eats to
the comprehensive plans. or. portion thereof. If _
the city commission desires an ameadeent or
add i ti oa, it easy, on its own motion, direct thew
planning depYrtsnt to prepare such mi4 -- t
for submission to and review by I the p 1 amble! _
advisory board. The planning advisory board
shall make a recur -- , ation on the proposed vim
amendment to the city caminission within a
reasonable time as established by the city
cotnission. LThe procedure for revising, adding
to or awmding comprehensive plans or portions
thereof shall be the sate as the procedure for
original adoption.
' This petition is proposed byt
4 ) City Comminion
( ) P1arming;Oepartment
Zoning Board
Other ` i Please Sped f y i RODoyAIM GOMEZ , ixd.iviaua llv and as
President of CONSIGNME r AUM SALES, n,1C . , a Fi or• _- corporation
The subJect property is located at 3636, 3630, 3622, 3616 N.W. 23 Avenue.
Miami, Florida 33142
AND MORE PARTICULARLY DESCRIBED ASs
Lots) 10, 11, 12 and 13
sicck(s) 8
OEM
l ige I of
f - - 1.030,
tie under signed being the owner or the representative or c••ie owner, ;)t ..;
. ' subject prooerty does) resoectfully reouest the 0oroval of the City of Minn
for the following refiditnt(s) to the Miam .COM01. pensive, Migrd>orhond Pla
toe that above4escr i bed pro ty as indicated In the L&M Use Pl Aha
FRbMt Moderate >!� F sidential Ce sit..
TOr . General Catmercial
Please supply a statemsent indicating why you think the existing plar.
designation is inappropriate.
While the moderate -high residential designation may have applied in prier yeaz
the entire area from AW 36 Street North to NW 38 Street between NV'19 Avenue
and NW 27 Avenue is changing to commercial and warehouse uses.. !�authern.Bell,
Luckv �uck Sales, and M.R. Harrison are sane of the major coerations that hav;
?
chanced the basic charactser.nf the area and also, an identical type of appli.-
cation on NW 22 Avenue was approved -in 1987.
Please supply a stateTent justifying your request to change the plin to your.
requested plan designation.
our request for a change in land use to general commercial will pe=mtit us to
demolish .the existing structures, and use the land for surface parking only. .
A badly needed land use in,the area. The duplex structures in the area are
rapidly becaninc marginal, while the surface parking use will oezmit an ex
mansion of commerical activity and an increase in enmmloyment. ."he surface ,
markina use will --have no adverse limpet upon the neighborhood.
_
What is the acreage of the property being requested for a et+ I in plan,
designation?
22,0008 0,5 net acres
Pagg 2 of 3
*100 .
I
Do you own any other property within 200, of the subilmt Pl operty'I Yes _ it
yrts, has this other property been granted a change in plat d+iignattter ,� in
the last 12 months? „No,,,,,,_,,
Have you wade a companion application for a change of toning for the subject
property with this Planning and Zoning Boards Administratiao Department? Yes
�.-
Have you filed with the Planning and Zoning Boards Advinistrition Departments
- Affidavit of ownership? Yes - List of owners of property within 375' of
the subject property Yes"Oistlosure of ownership forte Ye.,`_ If
Mott please supply efm.
SIGUTURE DATE Secteaber 30, 1987
Fa:1t70VAEM GOO MZ, 1rui ideally and as President of OONSIGNMENT AUTO
NAME SALF,S , IlVC . , a Florida co-roorativn ..`_.
ADDRESS 2323 N.W. 36 Street, Muni, Florida 33142 - .
PHONE 638-3583
STATE Of FLORIDA) SS: M. COUNTY OF UK ) - _ _„ - - _
FDDOVAIAO OTMEZ , Zndividual.ly and as - -- - �---- �'�-=
President of COhSIGZMrr AUTO sALEs,
IIQC . , a Florida -�rooraticn - , being duly sworn, depmm and sin that
e is ttse er) utnorizeo Agent or Owner) of ti+e real property destrfOed
above: that he has read the foregoing answers aid th the sas are true and
Complete; and (if 'acting as agent for owner) that ,his authority to, exscvte
this petition on behalf of the owmr.
SWORN TO AND SUBSCRIBED MDOV=. OOMEZ , • dually and as
before me this 30th day President of CONSI ALTID SALES,=.
uI tir., oat"forioa at .barge
►+otaw Pu041c. State o! Flonda at large
JI-ty Ccmmisaron E=tres :an. 20. IM
NY COIMISSION EXPIRFSionov0 mru wynaro 84rang ,gamy
Computation of Fes:
Receipt Is
•. Aege 3 of �
STATE OF —rILMIDA)
88,
or WE,
Before frn, the underni9fted authorit.1, day PerscrallY
appeared MDOVAIZO =4EZ who beir.9 by rre first duly VWOM.
upon oath, deposes and says:
1. That he is the cwner, or the legal representative of the
owner, submitting the accarpt �—� application for a public hearing as
required by Ordinance No. 9500 of, the Code of the City of Florida,
effecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and camplete permission for him to act in their behalf for the change
or modification of a classification or regulation of zoning as Se'r out in
the acc=7,,mnying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, phone m-rbers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts as represented in the application and documlents
submitted in =-junction-with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
this 30th day of Sept. 1987
Notary 61blic, stat<y 4rida at Large
My Ccmnission Expires:
tiotm ftb!m, WItate of FkxVa 82 Large
my Commission Ejprn Jeri. 20, IM
DWVao ON 61MWC '24=1Q AeWW
No,
me)
Ca%IEZ
(SEAL)
AL"M 8ALt8, t,
_..L -__
mailing Address 2313 N.W. 316 Street, !-ilarni, Florida
Telephone Number_ 638 - -3583!
Legal httriWOA:
Lots 13, 12 and 13, Block 3, GARDE2,* accordinq tc,
the Plat therecz, as recorded In Plat Book z, Pace'73
cf the Public PEcords Dade Cn-a:;—,, Florida
OVIner,S Name R000VA= GI'182
W-,ilimg Address '323 36 Street, -%liarri, Florida 33142
Telephone Number 638-358I
Legal Description:
Lot 11, Block 8, (�AMEV- CM, according to the Plat
thereof, as recorded in Plat Book 5, Page 73 of the
Public Records of Dade County, Florida
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 subject
I is listed as follows:
Street Address Legal Description
Lots 14 and 15, Block CzMa� CITY,
Conzigpnent Auto .3610 N.W. 23 Avenue according to the Platthereof, as
Sales,I= . recorded'in Plat Book. Pace ' -,3 of
2323 N.W. 36 Street the Public P--cords of Dade counry,
Florida.
Miami, Florida 33142
Street Address
Rodo o G 3637 N.W. 23 Court
Miami, Florida 33142
Street Address
Legal Description
Lot 21, Block 8. C.AR-nrN7 rT,-,
accorc=g to the Plat thereof-, as
recorded in Plat Book 5, Pace-73, of
the Public Records of Dade County,
-Tlorida.
Legal Description
103SO
. . . . . . . . . . . . . . . .
1. tkqal descrittitft W)d street address of Subject real property:
Lots 1,3, 11, 12., and 13, Block 8, GikRDEV C=Z, accordinct to the Plat thereo"L:i
as recorded in Plat Book 5, Page 73 of the Putjlic Records of Dade Count"Y,
Florida
. . 1
3638, 3630o 3622, 3616 N.W. 23 Avenue, '•LJarrd, Florida 33142
2. OWMet(t) Of tuwjett real percentage Of ownership.
Note: City of Miami OrdltahLsea NO."9419 requires disclosure of all
aw� parties
having A financial interest# dither direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporation!, beneficiaries of trusts, and/Or any other interested parties,
together with their addresses and propottionate interest.
/OOy.
Lots 10, 12 and 13 - Owner: C0N'S!G%,+%TM7T AUM SALES, INC.( 'Ownership)
President and Director: RODOVAWO GQMEZ 5WS
2323 N.W. 36 Street
Li rlt& CARFLSCC I Miami, Florida 13142
821 S.E. 4 p I. IMAIA GCI =. , I
HialeahtFl- IISC starlinG Ave.
1-i=i S-r:Lngs,Fla*--3166
Lot 11 - Owner: RODOVALDO GOMEZ (100% Ownership)
2323 N.W. 36 Street
Miami, Florida 33142
3. Legal description and street address of any real propetty (a)
owned by any party listed in arLTwer to question #2, and (b)located with=*
375 feet of the subject real property.
Lots 14, 15 and 21, Block 8, GARDEN CITY, according to the Plat
thereof as recorded in Plat Book 5, Page 73, of the Public Records
of Dade County, Florida
2323 N.W. 36 Street, Miami, Florid
3610 N.W. 23 Avenue, Miami, Florida co=i&ment Auto Sales J=-
3637 N.W. 23 Court, Miami, Florida Rodovaldo Gm3s
RODOVALDO/GONEZ, Individually and as
President of CONSIGNMMIr AUM SALES, INC.,
STATE OF FL0=A SS: a Florida corporation
COLN.M OF WE
1
RODOVALDO GOMEZ, Individually and as President (� F
of CONISIGMHTNITAUIO SALES, 1k., a Florida
corporation being. u y sworn, deposes and
says that ne is the (Cwner) (-O�" 0 the real'property
described in answer to question tl,. above; that he.has read the foregoing
answers and that the same are true and con-plete-, and (if act as attorney
act
for owner) that he has authority to execute this Disclo of Ownership
fora on behalf of the owner.
SNOM TO AND SUBSC==
tnf4e me this'
30tb
V -�* #.*I*.
9, 1
.
MY r
(SEAL)
RODOVALDO GOMEZ, Individually and as PresideAt.
of CONI51,=T AWO SALES, INC., a Florida
corporation
at Tar5
;;Plary Purfic"C
. , V018 W
(;-mm4Vs%3n
L4rkPW,- inrV miVWQ 0~1'*' P--
10380
E
MIAMI REVIEW
Puhhsh6ki Dady except Saturday. 51+nd8y Anti
Legal Holidays
Warm Dade County, F Iprld. l
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personalty appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review. a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida: that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MIAMI
ORDINANCE NO. 10380
P.O. 04222
In the .... x . X.. X . Court.
was published in said newspaper in the issues of
February 19, 1988
Afflant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office In Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afliant f her says that she has neither paid nor promised any
perso fi rn or corporation any discount, rebate, commission
or re n for the purpose of securing this advertisement for
publi a on in the s id newspaper.
.y
4'1 )"
4'�S..In tb eQdibed before me this
1,9.t hdas of . • F y'. . A.D. 19 $ 8
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., Chefyl H••Marmer
• h� t IWl u�lit,^§§tale if Florida at Large
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My Commisi(q,-pxpifes April °I�VeBp'.'
MR 114
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ky OP MIAMIj PL6111116A
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All intat tad 00w)5 will take h6fiba that on the 213th day of
Januaiy, iSt3g, the City t6rh hiS§lon of Miat`hf, Florida, adoptod the
following titled ordinances:
bAbINANCE NO, 1003
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985);
FOR PROPERTY LOCATED AT APPROXIMATELY 2951.209
SOUTHWEST 22ND, TERRACE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE
SUBJECT PROPERTY FROM LOW MODERATE DENSITY RES-
IDENTIAL TO COMMERCIAI.WRESiDENtiAL; MAKING FIND-
INGS; CONTAINING A REPEALER PROVISION AND A SEV-
ERABILITY CLAUSE.
ORDINANCE NO. 10V4
AN ORDINANCE AMENDING THE ZONING ATLAS OF OR61=
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI-
FICATION OF APPROXIMATELY 2Ai-2099 SOUTHWEST
22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-113 GENERAL RESIDENTIAL
CONE AND TWO FAMILY) TO CR-2/7 COMMERCIAL RESI-
DENTIAL (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, THEI4EOF; CONTAINING A REPEALER PRO.
VISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO, 0375
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 HC-1: GENERAL USE HERITAGE CONSER-
VATION OVERLAY DISTRICT, PURSUANT TO ARTICLE 16 TO
THE "BUENA VISTA EAST HISTORIC DISTRICT" GENER-
ALLY BOUNDED BY THE REAR LOT LINES BETWEEN
NORTHEAST 48TH STREET AND NORTHEAST 49TH STREET
ON THE NORTH: NORTHEAST 2ND 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.10376i
AN ORDINANCE AMENDING ORDINANCE NO, 9500, AS
AMENDED, THE ZONING ORDINANCE OF 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-1; RS•2; ONE -FAMILY
DETACHED RESIDENTIAL, USES, PERMISSIBLE BY SPECIAL
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
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, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY}OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 26, ENTITLED:
"GENERAL AND SUPPLEMENTARY REGULATIONS, SEC-
TION 2003 ACCESSORY USES AND STRUCTURES, $UBSECT)
ON 2003.7 CONVENIENCE ESTABLISHMENTS AS ACCES-
SORY TO RESIDENTIAL OR OFFICE USES" BY ADDING A
NEW PARAGRAPH 2O03,7,10 VARIANCES PROHIBITED; BY
AMENDING SECTION 2025 SIGNS, GENERALLY TO PRO,
VIDE THAT NO VARIANCES ARE PERMITTED; BY AMENDING„
SECTION 2034 C4�MMUN1 fY $ABED RESIDENTIAL FACIL,1-
TIES BY ADDING A NEW $URSECTION 2034.A VARIANCES
PROHIBITED; BY AMENDING PROPQ$EP SECTION .2035
ADULT DAY CARE QFNTER$ BY APPING A NEW SUBSEC:
TION 2035A VARIANCES PROHIBITED; pY .AMENPINC SEC•'
TION 2030 CHILQ PAY CARE CENTERS BY APPING A, N9W
&UBSECTIQN 2030.,6 VARIA.NOP6 P•F30h11,61TEP;.13Y ,
A,MENPING UOTION 1037.AQVj. 9NURTA111IKNT QR,
'rWW*-7 W2r1+WrWA-W,*fI eVt9W)b.Wf1W'A#'YW!!V, "..
VA+RIARIP ,PI0HjBIT€PAND9YA.M€NPING. TIG�E�.9,:
'"A.B;PI�At�-B P�iA-`VAa1�1l�NPEB'FBG�M-T'ER.Ar1B,�P:1Q.f1:f21=.N., .
NANOW",13EOT10N 3101 VARIANCIE 0EF1N9PVMITAT10N;5,.
%UBtSECTION 3101.1 USE, ANP. $P'EPIF.IQ GONDITiONEi'13F .
USE, AND FLOOR AREA RATIO VARIANCE PRQWI.BITF_P BY
CHANCING THE TITLE TO APP "SPECIFIC CQNP1TIttilS
OF W$E". AND TiQ PRQH.lO1T. THE. ZQNINr4B.QARD •FROM' .
• ri
_.. _ _.. .._ . �'te- i[',f is W ..,,;�•,.. _ �,� .' f. -
iNTEII-OFFICE
1 8dith Fuentes, Director AT February 24, 49.88.,F;`E A- 88-013. ■
wilding and Zoning Department _
Ordinance �Td. lb'3( and 10381
t CC M e e t i 2$�kt. i l �.
' (,�1 Consignment Auto Salesp Inca
G. i iam Maet CF1:R ENCF1. 2323 N.W. 36 Streetj Miami
Assistant City Attornev
�E (one)
Enclosed please find the original executed Covenant for
recording, in the above -captioned matter. Mr. Valentine should
provide you with the recordation fee, or you may arrange with him
to record it and then return the original. to you after
recordation.
GMM/rcl/P906
enclosure
cc: Sergio Rodriguez`
Assistant City Manager
Guillermo 01medillo
Planning Department
George V. Campbell
Public Works Department
Gloria Fox
Hearing Boards
Joseph A. Genuardi
Zoning Administrator
Matty Hirai
City Clerk
Santiago Jorge -Ventura
Building Official