HomeMy WebLinkAboutO-10381.1-87-1040
11/09/87
ORDINANCE NO. UMSt
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO, 9500, THE ZONING ORDINANCE OF.
THE CITY OF MIAM.I, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY
3616-38 N0RT14W1 ST 23RD AVEN08y MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBE,() HEREIN)
FROM RG-21
4 GENERAL RESIDENTIAL TO CG�-I./7
GENERAL COMMERCIAL BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
19 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO, 9500 BY R1FR'kENCE AND
DESCR.IP'rtoN IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CI;AUSH,.
WHEREAS, the 'Miami Zoning Board, at its; pe0ting oaf
November 2, 1987, Item No. 1, following an advertised hearing,
adopted Resolution No. ZB 117-87, by a nine to zero (9-0) Vote,
RECOMMENDING APPROVAL of a change of zoning classification, as
hereinafter set forth; and
WHEREAS, the City .^ommission after careful c(.�nsideratian 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, RE 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 3616-38
Northwest 23rd Avenue, Miami, Florida, more particularly
described as Lots 10-13 inclusive, less the east, north and west
one font thereof, Block 81 GARDEN CITY, as recorded in Plat Bock
5 at Page 73 of the Public Records of Dade County, Florida, from
RG-2/4 General Residential to CG-1/7 General Commercial..
Section 2. It is hereby found that this zoning
classification change:
R
J"87-1040
11/09/87
ORDINANCE No. 1038
AN ORDINANCE AMENDING THta ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANCING THE;
ZONING CLASSIFICA`L'ION OF APPROXIMATELY
:3616•-38 NORTHWEST 23RD AVENUE, MIAMI,
FLORIDA, (MORE PAR`I'icuLARLY DESCRIBED HEREIN)
FROM R G-2/4 GENERAL RESIDENTIAL, TO CC,-1/7
GENERAL COMMERCIAL BY. MAKING FINDINGS; AND BY
£MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
19 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY R13PERENCE AND
OBSCRIP`:['.ION IN ARTICLE 3, SECTION 300,
THEREOF, CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CIjAUSE.
WHEREAS, the 4iami Zoning Board, at i is ;ne(�ting of
November 2, 1987, Item No. 1, following an advertised hearing,
adopted Resc,7l.ution No. ZB 117-87, by a .nine to zero (9-0) 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 3616-38
Northwest 23rd Avenue, Miami, Florida, more particularly
described as Lots 10-13 inclusive, .less the east, north and west
one foot thereof, Block 81 GARDEN CITY, as recorded in Plat Book
5 at Page 73 of the Public Records of Dade County, Florida, from
RG-2/4 General Residential to CG-1/7 General Commercial.
Section 2. it is hereby found that this zoning
classification change:
a in o(.-)nr(:)rmity with the adopted Miami Cotprehons-,Ive
Neighborhood Man;
(b) Is not contrary to the established land use patLern,-
C) Will not L create an isolated d 1 s t r i (7t unrelated to
adjacent and nearby distriots;
(d) Is not out or scale with the needs of the neighborhood
or the City;
(e) Will not materially alter t h e population density
pattern or inCreas(-,� or overtax t h e- load on public
facilities such as schools, utilities, streets, etc.;
(E) Is necessary due to changed or changing
(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. 19 of the Zoning Atlas, made a part of
Ordinance No. 9500 by reference and description in Article 31
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,
the remaining provisions of this ordinance shall not be affected.
w
v
PASSED ON FIRST READING BY TITLE ONLY this 110th day cat
December
PAS8ED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28,tb, day of January__ ► 1988,
ATTWT-.
MATTY HIRAI XAVIER L. SUWZ, Mayor
City Clerk
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City Attorney
APPROVED--"A'S TO FORM AND CORRECTNESS:
IJU C,1 A iA. DOUGC �ERTY
di.ey Attorney,
GMM/rcl/M244
1, Math Hirai, Clerk of the City of Miami, Florilft,
hereby certify that on
A. D. 191-cfk-i [Lill, true atid eorrect copy of thv:1bove
NVA" at the sololl 1)(mr.
Court I 11,tow.it Ow pl:i: e provided
fiir witiCes and bY iiu:tchiw; slid copy to
th;.: place provi,.L-1
NVI'I'NE'SS nly tl1c ('friclal sell or said
City' tthis • 9 day of—j-)"'�I�,J); A. 1). 19'Zj
IV c!crk
1081
fj
city or MIAMI, FL60ibA
INTtEA.01rP1Ct MCMONANbUM n r I N 1` -
tdith Fuentes, Director aTFebruary 24, -19.88 K;'E A-98-013
Building and Zoning bepartMent
5"B�c Ordinance„ did: `1b'38•0 and 10181
i A�CC Meeting` Consignment Auto Sales, Inc.
n�. �iriam Maer sEFEFENCES 2323 N.W. 36 Street, Miami
Assistant City Attorney
(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 Olmedillo
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
.:
{
This C.,t rective beclaration of Restrictive CbVOhaht by
CONSIGNMENT AUTO SALES,INC.) 2321 N.W. :6th Stteotj Miami,
Florida 13142 ("Owner"), ih favor of the City of Miami, Florida a
municipality within the State of Florida.
W 1 T N E S S E T Ht
WHEREAS# 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.
WHtkEAS, the owner holds fee -simple title to certain pro-
perty in the City of Miami, State of Florida ("The City"), con-
sisting of Lots 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 be 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 walk 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,
2 3 rd Avenue,
tff,ecti•- bate, If the City C0M.'�' ibb of the City
approves the owher's pending application for an amettd1t6ht to the
City of Miami Zoning Atlas, and the Comprehensive Neighborhood
Plan# and after said approval has become final and holyappealable,
this Instrument shall constitute a cotenant tuning with the title
to the Property and be binding upon the Owner, its successors and
assigns. These restrictohs shall be for the benefit and limitation
upon all present and future owners of the Property and for the
public welfare.
b. 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 Nearing. 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 maybe brought by any property owner owning property,
within three hundred and seventy-five feet (3759) 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 suit sh '',l be untitled to YedoVet c Ats and fe§linable
attorhey's fees, This 6hfai'ctfieht provision ahall be in addition to
any other remedies available under the law.
GSeyerability 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. aecording 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 ZZ day of ! 1988.
_ CONSIGNMENT AUTO SALES, INC., a
Florida Corporation
WITNESS
By f S
W NESS Rody Gomez, PrIesident
(CORPORATE SEAL)
Yrma Gomez, Secretary
i
1
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 20 day of , 1988, that they executed the
foregoing instrument for a purposes ex ressed erei_,
NO PU8L C, at o
k'lor . a at La
a-
pwir, Ste 01 FW4* A k-W"
f1 Mor dart �P, 1441
My Commiss�ian Expires; 7
i
r
ZONING FACT SHEET
LOCATION/LEGAL
3616-3638 NW 23 Avenue
Lots 10-13 inclusive
Block 8
GARDEN CITY (5-73) P.R.O.C.
APPLICANT/OWNER
Consignment Auto Sales, Inc.
2323 NW 36 Street
Miami, FL 33142 Phone # 638-3583
Rodovaldo Gomez
2323 NW 36 Street
Miami, FL 33142 Phone # 638-3583
ZONING
RG-2/4 General Residential
REQUEST
Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, the Zoning Ordinance of thEr City of
Miami to CG-1/7 General Commercial.
RECOMMENDATIONS
PLANNING DEPARTMENT
PUBLIC WORKS
DADE COUNTY PUBLIC
WORKS
DENIAL. The proposed change would be in
co- of ct with the adopted Miami Comprehensive
Neighborhood Plan, and would require a plan
amendment. The proposed plan is contrary to the
established land use pattern; this area is
mainly residential in character with many well
maintained structures. Existing district
boundaries are logically drawn in relation to
existing conditions on the property proposed for
change. There have been no changing conditions
in the immediate area to make the passage of the
proposed change necessary. The proposed change.
would constitute a grant of special privilege to
an individual owner as contrasted to the
protection of the public welfare. There are no
substantial reasons why the property cannot be
used in accord with existing zoning. The
proposed change would adversely influence living
conditions in the neighborhood; creating 'an
undue encroacnment into the residential area
and setting a preceaent for similar properties
in the neighbornood.
No dedication is required,
No comments,
ZONING BOARD At its meeting of November 2, 1987, the
Zoning Board Resolution ZB 117-87 by a
9 to 0 vote recommending approval to the
City Commission.
Four proponents and four opponents were
present at the meeting. One in favor and
three ogjections were received by mail,
CITY COMMISSION At its meeting of December 10, 1Y87, the City
Connnission passed the above on First Reading.
HISTORY _
Planning Board Meeting 11/19/51
REQUEST Variance to permit maintenance of slat house
erected on north property line of Lot 13, Block
8 in connection with commercial plant nursery.
PLANNING BOARD
Recommended approval.
City Commission Meeting 12/19/51
FIRST READING Passed.
City Commission Meeting 1/2/52
SECOND READING Passed, Ordinance 4442.
10381
CR`2/7
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APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83-
it RODOVALDO GOMEZ (**) 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
inforrnation: (**) Individually and as President of CONSIC" M-r AUTO S S, INC.,
a Florida corporation.
1. Address of property 3638, 3630, 3622, 3616 N.W. 23 Avenue, Miami, Florida 33142
2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
3. Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application).
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.)
S.
At least two photographs that show the entire property (land and improvements).
6.
Atlas sheet(s) on which property appears in red circle (veliow square)
7.
Preient Zoning Designation RG 2/4
8.
Proposed Zoning Designation CG 1/7
9.
Statement explaining why present zoning designation is inappropriate. (Attach to
application)
10.
Statement as to why proposed zoning designation is appropriate. (Attach to appli-
cation)
11.
Other (Specify)
12.
Filing Fee of $ 2, 200.80 according to following schedule:
(a) To: RS-I, RS-1.1, RS-2, 0.04 per sq.ft. of net lot area, minimum
$300.00
RC -I, PD-H, PD-HC,
(b) To: RG-2, RG-2, I,
RG-2.31 RO�I,
RO-2.1
W To: RG-2.2, RG-3,
R073
$0.06 per sq.ft, of net lot area', minimum
$350.00
W0100
:,...•aiy••
e
(d) To: CR-I, CR-2,
CR-3, 0-I, CG-I,
CG-2, WF-I, WF-R,
I - I, 1-2; 5P1-1,2,5,7,
8,5,11,I2
(e) To: CBD-1, SPI-6
0.10 per sq.ft. of net lot area, minimum
500.00
$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 classifica-
tion, the fee shall be the some as for a change in its strict classification, as
shown in (b) through (e) above. /
(g) Surcharge equal 'to applicable fee from (a)-(c e, not/to exceed $500.00;
to be refunded if there is no appeal. (City Co �cVgd62-6I)
Signature
RDDO 0 GOI�Z, inalviauaLI and as
Name Presid4nt of CONSI2ZM7 AU110 SALES, MC,
Address 2323 N.W. 36 Street,, M.imni, Florida 3314:
Phone 638-3583
STATE OF FLORIDA) SS:
'COUNTY OF DADE ) f F
RODOVAIM C�1MEZ, individually, and as President
OONSIC"I' A[TiO SALES, IA'C . , a Florida corr�or I
)ng duly sworn, deposes and
says that he is the(Owner) f t e real property described in
answer to question fi I, above; that he has read the foregoi `swers that the same are
true and complete; and (if acting as agent for owner) th as thority to execute this
petition on behalf of the owner.
(SEAL)
RODOV =Z, individually and as Presider
SWORN TO AND SUBSCRIBED of CONSIGNIMIT AU10 S, MC., a Florida
before me this 30th day corporation
of . September 187 .
Noq!; ubiic t e or riaa at forge
MY COMMISSION EXPIRES; fMv 4*rY m�a orst�pe��e.^�-I an
ow" WVW MaynWo Boring 49WIPY
Form 25-83
1C. Statement as uo why morose;: zonir.F
desizn-a ticn is appropriate.
Proxosed zoninE Cs 1/7 is 'arprcpriate
since is the one of the existing
business ir. proFressive action for 11
years.
Purpose of this request is the expa.Yticn
of this business
i
3odovaldG omet
A ant
°iarri, Sept. 22nd. 1987
Note: attached -c arplicatior.
f
t � S x'"'�ak,. '�'L
STATt Off' rIr,,tDA)
ss,
COLM OV DAM
Before tr--, the Undettigne'd authority, -_$hds day pemona_Uy
appeared IROOOVALDO GOME2 Who being b1t "- firaft, duly sworn,
upon Oath, deposes and says:
I. That he is the Amer, or the legal representative of the
owner, subMitting the acca-,,pjxrrihg application for a public heaning as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and complete perrmssion for him to act in their behalf for the change
or mod.'-f-ir-ation of a classification or regulation of zoning as ser. out in
the accazpa,ring petit -ion.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, maiL-*,mg addresses, phone n=beirs and
legal descniptions for the real property which he is the owner or IeLml
representative.
4. The facts as represented in the application and dcc='.P-nts
submitted in conjunction-wit1h this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
this 30th day of Sept. 1987
Notary 67blic Sta'itf(y F14rida at Large
My CamrLssicn Expires:
cIOMN PVOC. Stalle of FVN* a$ faMe
fAv Cowmission Exprn ja4 , '_,1,o, �,s i
Bowao an mawwa 4on" AWiw
(SEAL)
f-%UL
No,
... ..
bwNtPIS LIS"
O
14f1 `' S Nairie CC1�S:�"�,� :" eL``I�J S S, 1.i,*C:
hai l img Addre55 1"3 ,t . 36 Stree4 .iiari F? or
Telephone Nuftr 638 3587
Legal Desdriptibn:
Lot.7 j 'iJ , 1 L and { Y .. Block S ,
c.y.
rtiYLl�lU-.l.'v
the Plat therecf, , as recorded in Pl:,'- Br-v-, ; 3Pace
-73
'= the Publil. Records c1 Dade C1..'un- , F.l0,r1..,ra
Gwmer' S Name RODOVALM WMZ
Mailing Address 2323 tv`.t�. 36 Street, t;ia a, Flcrid l 33142
Telephone Number 638-3583
Legal Description:
Lot 71, Block 8, G*DEN CITY, according to the Plat
thereof, as recorded in Plat Book 5, Page 73 of the
Public Records of bade 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 Leoal Descriotion
Lots 14 and 15, Block c GARDEN 'CITY,
Con: LC- en-t Auto 3610 N.W. 23 Avenue according to the Plat tnereoff, as
Sales,Inc. -- recorded in Plat Book 5 Paae 73 of
2323 N.W. 36 Street the Public Records cf Dade ;Count—,
.-- - — Florida.
Miami, Florida 33142
,n
Street Address
Rodo o G 3637 N.W. 23 Court
Miami, Florida 33142
Street_Address
Legal Description
Iot '1, Block 8 rry
accor=q to the Plat thereof, as
recorded in Plat Boo}, - Pace 73, c-
the Pibl�c Records of 'Dade County,;
`Florida.
Leoal Description
F"Iq
L-J
11
bMLL8UM8 cr MIMEPSIHtp
1. Ldqal description and street address of sublect real property:
Lots io, 11, 'L., and 1-2, Block 8, GARDE24\ C171Y, accordi-na tt the Plat thereat,
as recorded in Plat Bo--? 5, Pace 73 of, the Public Records --f Dade County,
Florida
3638, 3630, 3622, 3616 N.Wi 23 Avenue, !Itiaftu, Florida 33142
Owtet(s) of su&ijett real proit;'`�-and, percentage of owhernhip.
\Llotet City of Miami Ordinance It4o.9419 requires disclosure of all parties
having a iinantial interest, either direct or indirecto in the tubject,
fratti-tr of a presentationg request or petition to the City Commission.
Accordingly# question 42 requires disclosure of all shareholders of
cor=.rations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
/flay.
'T ALM SALES, =. WTMaomers p
Lots 10, 12 and 13 Owner: CMISIGZE14 �Li )
President and Director: RODOVALIDO GOMEZ C,8F
2323 N.W. 36 Street
IUR=A, CARII.ASCC 1 Miami , Florida 33142
e2.i s -z 4 MA C-C, = I I I
.s,Fla 3166
Lot 11 - Owner: RODOVALDD =Z (100% Ownership)
2323 N.W. 36 Street
Miami, Florida 33142
3. Legal description and street address of any real prcpetty (a)
owned by any party listed in answer to question #2, and (b). located withi:.
375 feet of the subject real property.
Lots 14, 15 and 21, Block 8, GARDEN CM, 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, Miama, FloridaConsig=ent Auto Sales,l=.
3610 N.W. 23 Avenue, Miami, Florida
3637 N.W. 23 Court, Miami, Florida Roda/valdoG=e
06W-R Loa �=RZY MR CY4NER
RODOVALDO/03MEZ, Individually and as
President of CONSIGN24ENT AUM SALES, UZC. ,
STATE OF FLORIDA SS:, a Florida corporation
COULM OF DARE
RDDOVA= =Z, Individually and as President
of CONISIGNMEINT AUM SALES, IiZC., a Florida
corporation u y being sworn, deposes and
says thatthatne is tne (Qwner) 0 0
the real property
described in answer to question #1, atmve; that he.has read the foregoing
answers and that the same are true and c=rplete; and (if acting as attorney
for owner) that he has L authority to execute this Disclo of ownership
foamon behalf of the owner,
du RoDavA4= GWZ, lndivi=-Oly and as PresideAt
=94 M AM SUBSCM= of CONSIGNMEVT A -Um SALES, U.-C., a Florida
110 me this 30th corporation
.457
N-CI rg9i'
d,
I ido, �;Qtory P-JtJ-C C�XO
-40n expres
W Wn0po inro t,40ynWq
103-1
,9
CC�►v"i�1 �� � )
r being auiy gwbtt, awes a>
tryat`e auiyppit�te� of
the nwter of the real property es i in air t� uesti rt ll, a ve
that he hAS read the ftretOihO answers that the game arty true and t 6t'
plete; and that he has the authority t) execute this biselOSut;e Of Wier -
ship fmit tin beshalf of the &* er`
1
1.
rj
Mr. Arsenio M ilian offered the follotoiing Reso1ut --n and
waved its adoption,
RESOL�.TT1.0 N i i • f
O
AFTEr ^ONSID4 RI`ZG THE FACTORS St:, FORTH Ili a. v 1 L l a +.l FACTORS a,i u ..
SECTIC;i 3509 (? ORDIiyANC� 95'Ov, AS Ahi3DED,
THE ZONING BOARD RECOMMEi4DED APPROVAL TO CITY
11,10MMISSIO4 OF Tat CHANGE OF ZONING
CLASSIFICAT 01 I'v THE OFFICIAL Z.ONING ATLAS
OF ZONING ORDINANCE 950C, AS AXENDED, FRO;;
RG-2/4 GEITERAL RESIDENTIAL :O CG-1; 7 vE'NERAL
COMMERCIAL, FOR PROPERTY LOCATED AT 361 o-3s
NW 23 AVENUE ALSO DESCRIBED AS LOTS 10-13
INCLUSI7E0 LESS THE EAST, NORTH AND WEST 11
THEREOF, BLOCK S, GARDEN CITY (5-73) P.R.D,C.
Upon being seconded by Mr, Alvaro Romero, the motion
was passed and adopted by the f ollowing vote:
AXES: Ms. Morales, Basila
Messrs. Gort, Moran-Ribeaux, Barke-�, Mayor,
Sands, Romero and Milian
NAYES: done
ABSENT: M ess r . Luac es .
Ms. Fox: Motion carries 9 to 0.
Novgnoet 19C--, '":er4 �.
t
DECLARATION OV R'8$Tft1 T1VE COVENANTS
This Declaration of Restrictive Covenants by CONSIGNMENT
AUTO SALES, INC., ("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 Ht
WHEREAS, the owner holds fee -simple tille to certain pro-
perty in the City of Miami, State of Florida ("The City"), con-
sisting of Lots 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 desingation 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 snall be demed to be 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 an eight (81) foot concrete
wall and provide landscaping adjacent to the wall. Said construc-
tion and landscaping subject to Planning Department approval
prior to issuance of a ouilding permit.
(0) No ingress or egress will be permitted to or from N.W.
�3rd .Avenue..
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 none -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.
D. Amendment and Modification. This Instrument may be
modified, amended or released as tp 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 release, 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 of this instrument is
recorded in the public records and shall be automaticallyextended
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 privilege 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 actipn brought by the City 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
-2
0101
11
recover damages. The prevailing party in the action or suit shall
be entitled to recover costs and resonanle attorneys fees. This
enforcement provision shall be in addition to any other remidies
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.
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, within 90 days after final approval by
the City Commission of the City of Miami.
IN WITNESS WHEREOF the undersigned has set their hands
and seals this day of 1988.
WITNESS
WITNESS
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me on
this day of ,1988.
�,a{.: ir,
MIAMI REVIEW
Publishes Gaily excei1i Satur(mv. Sunda, and
Legal Hohdays
Miami, Dade Gounty, florrcia
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
SooMe 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 140. 10381
P.O. # 4222
in the .... X. X X. Court,
was published In said newspaper In the issues of
February 19, 1988
Affiant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida. each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the Post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the fir I -publication of the attached copy of advertisement; and
affia fu ther says that she has neither paid nor promised any
pars n, rm or corporation any discount, rebate, commission
or r fur for the purpose of securing this advertisement for
publ on in the said newspaper.
v,ttill{II! ,!.!
41
r
Sworn
'•tLo� and•qu0c6.4ed before me this
19thda2of ;•F%6.C7J Udl tom• A.D.1988
(��•+GI s�heryl H..Marmer
rn f7dt&f �blic,+State *'I Florida at Large
v- ..
(SEAL) r�.� . • Q�Ci ��:
My Commissior11;jptie
MR 114 �ljfldtYfil{►41�
WY 60 MIAMI, PL610A
LEGAL k6flet
All interested persons will fake notice that on the 28th day of
January, 1988, the City Commission of Miami, Florida, adopted the
following filled otdinandes:
ORDINANCE NO. 103T3
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1986);
FOR PROPERTY LOCATED AT APPROXIMATELY 2051.2999
SOUTHWEST 22ND TERRACE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE
SUBJECT PROPERTY FROM LOW'MODERATE DENSITY RES.
(DENTIAL TO COMMERCIALlRESIDENTIAL; MAKING FIND.
INGS; CONTAINING A REPEALER PROVISION AND'A SEV-
ERABILITY CLAUSE.
ORDINANCE NO. 10314
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI.
NANCE NO. 9500, THE ZONING ORDINANCE•OF THE CITY
OF MIAMI, FLORIDA. BY CHANGING THE ZONING CLASSt>
FICATION OF APPROXIMATELY 2951.2990 SOUTHWEST
22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG•113 GENERAL RESIDENTIAL
(ONE AND TWO FAMILY) TO CR•217 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, THEREOF; CONTAINING A REPEALER PRO.
VISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10375
AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS
OF ORDINANCE 9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, PAGE 16, TQ 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 ANDiINCORPORATING BY REFER
ENCE THE HERITAGE CONSERVATION BOARD FINDINGS j
THAT THE BUENA VISTA EAST HISTORIC DISTRICT MEETS j
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 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 . EVERABIL
ITY CLAUSE:
ORDINANCE NO, 1037$'
AN ORDINANCE AMENDING (ORDINANCE NO. 0500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY QF
MIAMI, FLORIDA, BY AMENDING ARTICLE 20, ENTITLED
"GENERAL AND SUPPLEMENTARY REGULATIONS, SEC-
TION 2003 ACCESSORY USES AND STRUCTURES, SUBSECTI
ON 2003.7 CONVENIENCE ESTABLISHMENTS AS ACCESS
SORY TO RESIDENTIAL OR OFFICE US.EV BY ADDING
NEW PARAGRAPH 2O03.7.10 VARIANQIFS PROHI¢ITE_
D; IY
AMENDING SECTION 2025 SIGNS, GFNERA."Y TO PR(0
VIDE THAT NQ VARIANCES ARE PERMITTED; BY AMENDING
A NEW BUBPI CTIQN 9034A VARIANCES
, SSCTIQN
eY
LUCIA A. DOUGHERTY (pier (305) 37
�� ,�,,,, ,,,,,, T�iecnpier (305I 3i4-A730
City Attorney
Cr
December 15, 1987
Mark A. Valentine, Esq.
3050 Biscayne Boulevard, Suite 1000
Miami, Florida 33137
Re: Consignment Auto Sales, Inc., nodovaldo Gomez, ?resident
Item No. PZ-30 Ordinance Approving Change of Zoning - City
Commission Agenda of December 10, 1987 3616-3638 Northwest
23 Avenue, Miami, Florida
Dear Mr. Valentines
Pursuant to City Commission action on Degemnbet 10, 1987 a
Covenant is required for referenced Item Pz�-30. The Covenant
should include the concrete wall and landscaping subject. to
Planning Department approval and no ingress or egress, all as
discussed at the City Commission meeting.
Please forward the Covenant to this office as soon as possible.
Sincerely,
Miriam Maer
Assistant City Attorney
GMM/rdl/P733
cc: Sergio Rodriguez, Director
Planning Department
Matty Hirai, City Clerk
Walter L, Fierce
Assistant City Manager
Edith Fuentes, Director
Building and zoning Department
Gloria Fox, Chief
Hearing Beards Division
OFfICF OF THE CITY ATTOR.NFY/11QO AmeriFirst Building/one southeast Third Avenue/Mipmi, florid,133131 1