HomeMy WebLinkAboutO-10351ORDINANCE; NO t03 51
AN ORDINANCE AMENDING THE; MIAMI. COMPR1,1EE,NSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTE.MBER
1985); FOR PROPERTY LOCATED AT APPROXIMATELY
2575 SOUTHWEST 27TH AVENUE ( MORE PAR,rJ(,(JLARLY
DESCRIBED [HEREIN) By CHANGING DESIGNATION OF
THE SUBJECT PROPERTY FROM LOW DENSITY
fESIDE NTIAL ro COMMERCIAL/RESIDENTIAL USE;
MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABLLI`I'Y CLAUSE.
WHEREAS, the Miami Planning A(Jvisory Board, at its meeting
of March 18, 1987, Item No. .1_, following an ac�vertisad hearing
adopted Resolution No. PAB (6) 24-87► by a 6 to 3 vote,
RECOMMENDING:, DENIAL, of an amendment to the Miami Comprehensive
Neighborhood Plan and Addenda 1985), as hereinafter
set forth; but
WHEREAS, changing coneitions 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 2575 Southwest 27th Avenue, the east 355.92 feet
less the north, east and south one foot thereof of TRACT A REGINA
PARK as recorded in Plat Book 76 at page 59 of the Public Records
of Dada_ County, Florida, from low density residential to
commerical/residential use,
Section 2. It is hereby found that this Comprehensive
Plan designation change:
a, Is necessary due to changed or changing
conditions;
,T-S7-579
7-2-87
ORDINANCE NO t03 A
AN ORDINANCE AMENDING THF, MIAMI. COilplI�;[1FNSIVE
NEIGHBORHOOD PLANAND ADDENDA (SEPTEMBER
198 5) ; FOR PROPERTY LOCATED AT APPROXIMATELY
2575 SOUTHWEST 27TH AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN) E3Y C'HANGIN:, DE,!-Ic,NATION OF
THE SUBJEC,r PROPERTY FROM LOW DENSITY
xtE?,SIDCN"I'IAI, `:E'O COMMERCI,AL/RE`�+IDEINT[AL US11;
MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SE VERAE3EL TY CLA[.1SE.
it.s
WHEREAS, the Miami Planning A(lvi.sory Roard, at meeting of Match 18, 1987, Item No 1, following an hearing
adopted Resolution No. PAI3 (5) 24-87, l-)y a b to 3 Vote
RI?COMMENDING, DENIAL of an amendment. t=a th< Miami �:.oTprehensive
Neighborhood Plan and Addenda (S��E?te}'ntaer 1985), a� hereinafter
set forth; but
WHEREAS, changing in the area surrounding the
subject property, support the herein 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 I. The Miami Comprehensive Neighborhood Plan and
Addenda (September 1985)1 is hereby amended by changing the
designation of that certain parcel of property located at
approximately 2575 Southwest 27th Avenue, the east 355.92 feet
less the north, east and south one foot thereof of TRACT A REGINA
PARK ,s recorded in Plat Book 7.6 at page 59 of. the Public Records
of Dade County, Florida, from low density residential to
commerical./residential use.
Section 2. It is hereby found that this Comprehensive
Plan 9(:signation change;
a. Is necessary dive to changed or changing
conditions;
h, tnv{71ves
re s i. lr�r�I: i.,31 l and
use of a arr°e sit:' lt�ss
and a density of 5
units
per acre rtr_- less
or invoIV(, ,
othr't` ].and
irse Cate ��ries, singularly or in combination wi.t'h residential
use, of 3 acres or
less
and does =t 7t, its
comhinatic n
with other
changes during the
last
year. , pr0duce i
CUMU1.��t: i tze
effect
staving changed more
than
30 a(-res;
c. The
prt�c;��,r, ty which is
the P,ul, j,,.. t
f tilis
amendment has not i-)een the spec jfiC subject_ of a Comproherl'Giv(.�
Plan change within thE! l..Ist year.; and
d. The herein amendment does not involve the same
owner Is property within 200 feet of. pr-c3perty provided a
Comprehensive Plan change within the last 12 months.
Section 3. All. ordinances, code sections, or. parts thereof
in conflict herewith are here -by repealed insofar as they are in
conflict.
Section 4. :should any part or provision of this Ordinance
be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of the ordinance as a
whole.
PASSED ON FIRST READING BY TITLE ONLY this 22nd_ day of
October , 1987.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 2nd day of December ► 1987•
ATT
AYHIR�AI
City Clerk
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND
CDRRESTNECC.
M J. CHpARO IA A. DOUG ERTY
Assistant City Attorney City Attorney
E t
• MJC/wpc/ebg/M200 Y'
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- 2 - � 10351,
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PLANNING FACT SHEET
APPLICANT Thomas James Dixon, Tructee,
February 13, 1987
PETITION 1. Approximately 2575 SW 27 Avenue
East 355,92 feet less the north, east, and
south one foot thereof of Tract A REGINA PARK
(76-59) P.R.O.C.
Consideration of a change of plan designation on
the Miami Comprehensive Neighborhood Plan
(September 1985) from Tow Oensity Residential
uses to Commercial/Residential uses.
BACKGROUND The subject site is actually the long narrow
(75' x 355') rear portion of a key lot which
fronts on a major arterial, SW 27th Avenue. The
frontage • portion of the lot is designated
Commercial/Residential, while the elongated rear
portion of the lot is designated Low-Oensi ty
Residential.
In his application, the applicant has stated
that it would be impossible to design a single
familydwelling unit project, on so narrow a
site, which is the primary use permitted under
the existing Low-Oensity Residential land use
designation. He also states that the property
is currently being used for surface parking; and
that he would like to continue that use, as that
would be the least intensive feasible use of the
site.
Unfortunately,, the' requested Commercial/Rest-
dential land use designation permits a wide
variety of uses, many of which would create a
major conflict with the fifteen residential lots
which border the key lot.
RECOMMENDATIONS
PLANNING OEPT, Denial of the request for a change _
from -ow Density Residential Use to
Commercial/Residential Use,
10,
Pag 31 11;',87 t
i yy
i
PLANNING ADVISORY BOARD At its meeting of March 18 1987 the Planning
Advisory Board adopted Resolution PAB 24-87 by
a 6 to 3 vote, recommending denial of the above.
Four replies in favor and seventeen objections
were received by mail. Two proponents were
present at this meeting.
CITY COMMISSION At its meeting of July 23, 1987, the City
Commission continued the above to its meeting of —
September 22, 1987.
At its meeting of September 22, 1987, the
City Commission passed the above on First
Reading.
At tts meeting of October 22, 1987, the =
City Commission passed the above on First
Reading.
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s w INN. PAB IS March 87 AS 42
Item rl 4 AP K-19
A I roximitely 2575 S,W, 27th Avenue
'ITY OF Yl`
Ir
PLANNNING IIE TEE 1 2
275 N.W.. 2 STREET
MIAMI, FLORIDA 33128
A00lication #
Date$
APPLICATION TO AMENO THE MIAMI COMPREHENSIVE NEIGHBORHovu ?'Ukn
Sec
tion 62-17 of the Code of the City of Miami, Periodic review, additions and
amendments to the adopted comprehensive -plan, reads as follows-
Periodically, but not less often than once in
five (5) years or more often than once in two
(2) yearn, adopted comprehensive plans or
the
portion th reeof shall be reviewed by vi board to determine whether
planning advisory Of
changes in the amount, kind or ty oronarea
development and growth of the city
thereof, or other reasons,. make it necessary or
beneficial to °make additions .or amendments to
the comprehensive plans, or portion thereof. If
the city commissiondesires an ameadment or
addition, it may, on its own motion, direct the
planning department to prepare such wendment
nni ng
for submission to ' and review by tfie P 1 aboard
advisory board. The planning advisory
shall make a recommendation on the proposed plan
amendment to the city commission the icity
reasonable time - as established. is -
comeission. The procedure for revising, adding
to or amending comprehensive plans or portions
thereof shall he the same as the procedure for
original adoption.
This petition is proposed by;
( ) City Commission
( ) Planning Department
( ) Zoning Board Property owner
Othgr & Please Siecify;
Rear of 2575 S.W, 27th Avenue,
The subject property is located
Miam�.Florida _ -
AND MORE PARTICULARLY OESCRISEO AS;
The east 355.02 ' of Tract A.
Regina Park, leas the north
east, and south 1,01 thereof.,
61odk(s) _ (76-59)
Subdivision
page 1 of
The. under signed in the Owner or the represent " ive of the owner, of the
subject property :s respeMifully request the aR ,val of the City Of Miami
mprenentive
for the following amendment(S) o indicated in the land Use P1 Neighborhood Plan
for the above -described prope y
FROM:
TO: Commercial/Residential
Please supply a statement indicating why you think the existing plan
designation is inappropriate.
This site is the rear of a single platted lot, whose street frontage is
designated commercial/residential with the rear Dortion designated low
_ density residential. As it exists it would be impossible fora ro'ect
to be designed for this single platted lot, which ties -in both very diverse
land use designations.
Please supply a statement justifying your request to change the p' in to your
requested plan designation.
�� __ _� this parcel,
we arr - ""i"^
Due to the unique confieur
the low density residential portion to
in the land use designation to permit
be used for surface parking in conjunction with the commercial/residential
portion of the overall parcel, The property is currently being used for
parking and would be the least intensive feasible use of the site.
What is the acreage of the property being requested for a change in plan
designation?
95,909 SF .59acre _
page of,
10351
1 _ .
. .A4•�=k�Aa`�'i�' n>?.''i�18.: ga°,?9�':t:Rres >�
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Has the designation of this property been changed in the last year? no
00 you own any other property within 200' of the subject property? Yes If
yes, has this other property been granted . a change in plan designat one ' w�thin
the last 12 months? no
Have you made a companion application for a' change of toning for the subject
property with the Planning and Zoning Boards Administration Department? ves
Have you filed with the Planning and Zoning Boards Administration Department:
- Affidavit of ownership? yes - List of owners of property within 375' of
the subject property yes_ - Disclosure of ownership fora yes If
not, please supply them.
SIGNATURE
NAME Thomas James Dixon. trustee
ADDRESS 2424...South Dixie Hw-,
PHONE (305) 854-3445
STATE OF FLORIDA) SS:
COUNTY OF DADE )
DATE 2/12/87
Thomas James Dixon Titus. , being duly sworn, deposes and says that
he is the Owner of the real property 'descr i bed
above: that he has read the foregoing answers and that the same are true and
complete; and (if acting as agent for owner)'that he has authority to, execute
this petition on behalf of the o r.
SWORN TO ANO SUBSCRI ED (SEAL)
before me this day
of
Notary Pup+M, State o rida at Large
IotA�r wiuc "pit a FWI UA
MY COMMISSION EXPIRES; XT • to$#*
Computation of. Fee:
Receipt is
Page 3of3
10351
i
STATE OF ICA)
.7►7.
= or WE
gefore me, the undersigned authority, this day personally
ap who. being by we f irst duly sworn,
upon oath depot aryl says:
1. That he is the owner; , _the
submitting the acc*rpwr/ing application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he r'ePts, if any, have given their
full arxi complete permission for him to act in their behalf for the change
or modification of a classifi cat.i on or regulation of zoning as set out. to
the accompanying petition.
3. That the pages attached hereto and made a part of this —
affidavit contain the current names, maims addresses, phone m nbers and
legal descriptions for the real property which he is the qwnzr or legs:
representative.
i,
4. The facts as represented in the application and documents
submitted in conjunction with this affidavit are true and correct.
Further =iant sayeth not.
Z� ;DA
Thomas James Dixon, trustee
Sworn to and Subscribed before me
this day of F,I-u 19�-
l�60��
l�tary Public, State of Florida at Large
' MY Expires
NOTARY POOLIC STATE OF F4QRIOA
NY CONNISSM CAP, MAR 10,1900
9O40EO TMRU GEkERAk 115. UNO.
R
_ 10351 !„
i •
OWNW S LISP`. _
x
Owner's N sme
Mailing Address ,oath. Di�3a t1W+r. _
Telephone Number 3OS 854�3445
Legal Description.
The east 355,921 of Tract A, less the north, east and south
1,0' thetdof, Regina park (16-59)
Owner's Namur
Mailing Address
Telephone Number.
Legal Description:
Owner's Name
— Mailing Address
Telephone Number
Legal Description:,
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address
Appx. 2575-99
S.W.
27th
Avnue AND
Appx. 2625-99
S.W.
26th
Street.
Street Address
Street Address
In
Legal. Description
Lots 1, 2, 3, and 4 less.west 15' Block 37A,
Silver Bluff Estates, Section B (10-68), and
_west 94.08' of Tract A,'Repina"Park (76-59)
AND the north, east and south 1.0' of the -east
355.92' of Tract A, Regina Park (76-59)
Legal Description
Legal Description
1 0`4,1;4
l: tAq.11 description and street address of subject real prtperty:
(No street address available)
The aast 355.92' of 'Tract A, Regina Park, less the north, east, and
south 1.0' thereof as recorded in plat Book 16 page 59 of Public
Records of Dade County Florida.
3. C r(s) of auwjeet real proms.... and• percentage of ownership.
Note,. City of Miami Ordinance No. 9419 requires disclosure of all patties
a ijig a financial fntereat, either direct or indirect, in the subject
matttr.of a p resentapiono request or petition to the City Commission.
Accordingly, question t2 requires disclosure of all shareholders of
corporationa, beneficiaries of trusts, w)d/or any other interested parties,
together with their addresses and proportionate interest.
Thomas J. Dixon - 20% Rodolfo Hernandez, Jr. - 20%
2424 South Dixie Highway 11420 S.W. 109th Street
Miami, Florida Miami, Florida
Allan'F. Friedman - 202 Marvin S. Cassel, Esq. - 20%
2424 South Dixie Highway 2 South Biscayne Boulevard
Miami, Florida 33133 33rd Floor
Marvin A. Marcus - 20% Miami, Florida 33131
2424 South Dixie Highway
Miami, Florida 331.33
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) ,. located withi:.
375 feet of the subject real property.
The west 94.08' of Tract A, and the north, east and south 1.0' of the
east 355.92' of Tract A, Regina Par%, as recorded in Plat Book 76 at
page 59 of the Public Records of Dade County, Florida.
AND lots 1,'2,,3, and 4'iess west 15' of Block 37A, Silver Bluff Estates,
Section B (10-68)
(A.K.A. Apx. 2579-99 S.W. 27th Avenue and Apx. 2625-99 S.W. 26th Street,
Miami, Florida.)
OWNER Evo
Thoma ames Dixon, trustee
STATE OF FLCRIDA ) SS:
COMM OF DADE `
Thomas James
Dixon,- trustee
being duly
sworn, deposes and
says thar. ne is the
(Owner)
Ow of
the real property
described in answer
to question #1 06above;
that he -has
read the foregoing'
answers and that the
same are true and
complete; and (if
acting as attorney
for owner) that he has authority to
y
execute ttlis Disclosure of Owners hip
fo= on behalf of the
owner.
i
(SEAL)
$WOW TO AND _
before o this
day Of 3�•
both► ,.l'43+' l o� W'7*14e DL
Florida at L.irle
M =1=55124 =Ins;
00 40Y PUBLIC SIV E OF F ARJO$ '
Mr COMM155100 E4Q, MI,R :9'1990
d�MGEU �nR4 `EMERAI 1M5. iMG
COPY 1`012 TO11 Dt)WN
IAttSA V , PAJRA± 5
P,O,nM 45-1008
I+ Wt 1L, 31245
Dixon & Freidman, Inc.
Mr. Allan Freidman
2424 So, Dixie Hwy,
Miami, Florida 33133
Dear. Mr. Freidman:
Thank you for taking an interest in advising the me.Jnbers of the Silverbluff
Hangers Association, of your upcoming project at, S.w. 27th Ave., at our
meeting on July 13, we had the opportunity to view the plans and listen to
your presentation.
I am convienced this project will ' � an asset to the neighborhood and also
to the City of Miami. This concept c, u,,iting retail with apartment units,
would be beneficial to the City of Miami, since it would bring new business
and also help with housing problems.
I understand you have made some changes from your original plans that would
eliminate the concerns of the Zoning Board members and likely would overturn
their decission to a favorable one. I hope the City Commission understands
this and grant you their approval for said project. GOOD LUCK !
Sincerily yours,
YMari'aes
Submitted into the public
record in connection with
item r on .7
Matty Hirai
City Clerk
10351
o�.� t"dl •K111 �g"...ni y... �, v�ner..covenan�s
.,, ana'agrees�,ln'orrJer-to_preserve. ..,.,....-_ 4• �. .
...,.�....,..,..,.�....w_..an..��,, �e .,.
the character of the surrounding residential neighborhood, that the property shall
be used only for surface level parking of passenger vehicles. In addition, the site
will be developed substantially in conformance with the site plan prepared by
Mateu Rizo As§ociates dated May 5, 1987, submitted to the City of Miami on June
1, 1987. _
VOLUNTARY t)
V.CLARA110N OF 9iSTR1CT1VC CO'V1;Nl1Nfis
This Voluntary Declaration of Restrictive Covenants made this day of
July 1987, by Thomas James Dixon, Trustee ("Owner"), in favor of the City of
Miami, f`•lorida, a municipality of the State of Florida.
WITNESSETH
WHEREAS, the Owner holds fee -simple title to certain property in the City of
Miami, State of Florida ("the City"), consisting of the east 355.92 feet of Tract
"A", Regina Park, less the north, east and south 1.0 feet thereof, as per the plat
thereof which is recorded in Plat nook 76, Page 59 in the Public Records of Dade
County, Florida (hereinafter the "Property"); and
WHEREAS, the Owner is desirous of making a binding commitment to assure
that the Property shall be developed in accordance with the provisions of this
Declaration;
NOVI, THEREFORE, the Owner voluntarily covenants and agrees that the
Property shall be subject to the following restrictions and obligations, which are
intended and shall be deemed to be covenants running with the land and binding
upon the Owner of the property, and its heirs, successors and assigns:
1. Donation The applicant agrees to donate Five Thousand Dollars ($5,000)
to the City of Miami into the Parks and Recreation Trust Fund. This donation will
be paid prior to the issuance of a Certificate of Occupancy for the building to be
constructed on the overall site.
2. Buffer Area Owner shall provide a 6-foot wide landscaped buffer area
(the "Buffer Area") along the north, east and south boundary lines of the Property
prior to issuance of a Certificate of Occupancy for the surface parking to be built
on the Property. ''he Buffer Area shall serve as a buffer between the,use of the
Property for surface parking and the surrounding residential properties.
3. Landscaping The Buffer Area and the Property shall be landscaped in
accordance with plans approved by the City of Miami Planning Department which
approval must be obtained prior to the issuance of a building permit.
4. Surface, Parking Only Owner covenants and agrees, In order to preserve
the character of the surrounding residential neighborhood, that the property shall
be used only for surface level parking of passenger vehicles, In addition, the site
will be developed substantially in conformance with the site plan prepared by
Ma teu Rizo Associates dated May 5, 1987, submitted to the City of Miami on June
I, 1987.
P._.,,�..
art l " i..ot Lightin To maintain the residential character of the area,
5. —
the owner agrees and covenants that thr.. outdoor lighting for parking purposes
i be deli ned so that any overspill of lilting onto adjacent properties shall
shal g
exceed one-half (1/2) footcar,dlc Cverticle? and shall not exceed one-half Cl/2)
not An
footcandle (horizontal) illumination on adjacent properties or structures.
installation shall not be placed in permanent use until a letter of
outdoor lighting i authorized
compliance from a registered engineer or architect or the duly of Miami
representative of such engineer or architect is provided to the City
_ .een field Checked and meets the requirements as
stating that the installation has b
set forth above.
6. Unitof Title The Owner will record a Unity of Title for Regina Park
west 15 feet, Block 37A, Silver Bluff
Tract "A'' (PB
6/59)JAND Lots 1-41 less the
This overall site
Estates Section "L�" (Pii 10/68) creating a single buildable site..
will be limited to a maximum building area of 50,000 SF.
the surrounding
7, Zonin
g Buffer In order to preserve the character of
area, it Is covenanted and agreed that the Owner shall not sell, grant or otherwise
' northerly and southerly one (1) foot of the east 355.92 feet of
convey the easterly,
rded i
e ina •Park, as recon Plat Book 76 at Page 59 of the .Public
Tract A, R g
to the property owners on the adjoining
Re
cords of Dade County, Florida,
easterly, northerly and southerly sides of the Property. benefit of and a
g, Effective Date These restrictions shall be for the limitation upon all .present and future owners of the Property and for the public
nning with the land which shall
welfare and shall constitute a covenant ru. become
Florida at
effective and be recorded in the Public Records. of Dade County, f
.Owners expense within thirty (30) days of the final approval of the Change, o
Zoning Classification by the City Commission.
9, Amen dment and Modification This Declaration may be modified,
rty by a written instrument
amended, or released as to any portion of the Prope
executed by the then owner of the fee -simple title to the Property providing that
the change to the Declaration has first been approved by -the City Commission
hearing. Should this Declaration
after a publ
ic be so modified, amended or
released, the Director of the Clty's Planning Department .or his successor shall
ent %n recordable form
effectuating and acknowledging
execute a written Instrum
such modification, amendment or release,
?i r s,C7
its ,
10351 City
G
parkins of Lightin To maintain the rCsdential character of the area)
the owner agrees and covenants that the outdoor lighting for parking purposes
shall be designed sa that 'any overspill of lighting onto adjacttnt properties shall
no t exceed one-half (l/2) footcandlc (verticic) and shall not exceed one-half (112)
iootcandle (horizontal) illumination on adjacent properties or structures. n
tdoor li hting installation shall not be placed in permanent use until a letter of
ou g
com liance from a registered engineer or architect or the duly authorised
P
re resentative of such engineer or architect is provided to the City of Miami
P
stating that the installation has been field checked and meets the requirements as
set forth above.
6. Unit of Title- The Owner will record a Unity of Title for Regina. Park
Tr
act "A" (pB 76159) AND Lots 1-4, less the west 15 feet, Block 37A, Silver Bluff
Cstates Section "n" (PB 10/68) creating a single buildable site. This overall site
will be limited to a maximum building area of 50.000 SF. -
7. ZoningBuffer In order to preserve the character of the surrounding
area it is covenanted and agreed that the Owner shall not sell, grant or otherwise
' 92 feet of
convey the easterly, northerly and southerly one (1) foot of the east 355. of
public
Tract A, Regina Park, as recorded in Plat Book 76 at Page 59. of the
ining
Records of Dade, County, Florida, to the property owners on the adjo
easterly, northerly and southerly sides of the property.
g. Eff
ective Date These restrictions shall be for the benefit of and a
limitation upon all .present and future owners of the Property and for the public
welfare and shall constitute a covenant running with the land which shall become
effective an
d be recorded in the Public Records of Dade County, Florida, at
Owners expense within thirty (30) days of the final approval of the Change of
Toning Classification by the City Commission.
9. Ame ndment and Modification This Declaration may be modified,
amended, or released as to any portion of the Property by a written instrument
'
d b the then owner of the fee -simple title to the Property providing that
execute y
the change to the Declaration has first been approved by the City Commission
after a public heacing. Shouldamended or
this Declaration be so modified,
rtment or his successorshall
released, the Director of the City's Planning pepa
ffectuating and acknowledging
execute a written instrument in recordable form eing g
such modification, amendment or release.
a 110"
10: Term of Covenant This voluntary covenant shall remain in full force and
effect and shall be binding upon the Owner, its heirs, successors and assigns for
the initial period of 30 years from the date this instrument is recorded in the
public records and shall be automatically extended for successive ptriods of 10
years thereafter unless modified! amended or. released in accordance with the
provisions of. Section 7 of this instrument.
11, Inspection and Enforcement It is understood and agreed that any official
inspector of the City of hllami may have the privilege at any time during normal
working hours of entering and investigating the use of the Property to determine
whether the conditions of this Declaration and the requirements of the City's
building and zoning regulations are being complied with. An enforcement action
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 attorney's fees. This enforcement provision shall be in
addition to any other remedies available under the law.
12. Severability Invalidation of any one of these covenants by judgment of
Court shall not affect any of the other provisions of the Declaration, which shall
remain in full force and effect.
IN .WITNESS WHEREOF, the undersigned have set their hands and seals
this day of , 1987.
WITNESSES:
By:
Thomas James Dixon, Trustee
STATE OF FLORIDA
COUNTY OF DADE
Before me, the undersigned authority, personally appeared Thomas James
Dixon, Trustee, to me well known, to be the person described in and who executed
the foregoing instrument, and acknowledged to and before me that he executed
said instrument under oath, and for the purpose therein expressed,
SWORN TO and SUBSCRIBED before me this day
of , 1987,
.My Commission Expires!
0
so
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County. Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle 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. 10351
In the .....X . X, . X. , ... ............. Court,
was published in said newspaper in the issues of
Dec. 18, 1987
Affianl 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 sold 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
efflant further says that she has neither paid nor promised any
person m or corporation any discount, rebate, commission
or ref n for the purpose of securing this advertisement for
publi t n in the said newspaper.
r,t
d'•Siybscrlbed before me this
18th;of.r.'.,)?eF-.r'.. ,• A.D.ts $7
•Alfolg Pujol '
f-Q Notary Pyplic, 6tateof Florida at Large
(SEAL) n•.
My ComrrQGi;'Iprt vpires Aug. •16 1pf�t
lOF F;OP`%%"
CITY OF MIAMI; F'Lt hIOA
LEGAL NOTICE.
All Interested persons will take notice that on the 2nd day of
December, 1981, the City Commission of Mlah1l, Florida, adopted the
following titled ordinances:
ORDINANCE NO. 10351
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
r NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985);
FOR PROPERTY LOCATED AT APPROXIMATELY 2575
SOUTHWEST, 27TH AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE
SUBJECT PROPERTY FROM LOW DENSITY, RESIDENTIAL
TO COMM ERCIAURESIDENTIAL USE; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND'A SEVERABIL
ITY CLAUSE:
ORDINANCE N0;10352
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI-
NANCE NO. 9500, TH,E ZONING.ORDINANCE OF THE CiTY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI=
FICATION OF APPROXIMATELY 2575 SOUTHWEST 27TH
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RS•2/2 ONE -FAMILY DETACHED
RESIDENTIAL TO CR62/7 COMMERCIAL RESIDENTIAL
.(COMMUNITY) BY MAKING, FINDINGS; AND' BY MAKING
ALL THE NECESSARY, CHANGES ON PAGE NO.43'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,
ORDINANCE NO. 10353 .
AN ORDINANCE'AMENDING THE MIAMI.COMPREHENSIVE
NEIGHBORHOOD PLAN AND, ADDENDA(SEPTEMBER 1985);
FOR PROPERTY' LOCATED AT APPROXIMATELY, 1025
NORTHWEST 19TH AVENUE: (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING DESIGNATION OF. THE
SUBJECT PROPERTY FROM LOW DENSITY RESIDENTIAL
TO MODERATE LOW DENSITY RESIDENTIAL USE; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE,.
ORDINANCE NO 10364
AN ORDINANCE AMENDING'THE ZONING ATLAS OF ORDI-
NANCE NO, 9500, THE ZONING,ORDINANCE OF THE CITY
OF- MIAMI, FLORIDA, BY CHANGINGTHE ZONING CLAS%'
FICATION OF APPROXIMATELY .1025 NORTHWEST,,19TH
AVENUE, MIAMI, FLORIDA, (MORE- PARTICULARLY;
DESCRIBED HEREIN) FROM RS•2/2 ONE FAMILY DETACHED
RESIDENTIAL TO RG•1/3 GENERAL RESIDENTIAL (ONE AND
TWO FAMILY) BY .MAKING FIN DINGS;;AND'BY:,MAKING„
ALL THE NECESSARY CHANGES ON PAGE NO, 25'OF SAID;
ZONING ATLAS MADE A PART OF 0RDINANCE_NO.9500 BY
REFERENCE`AND DESCRIPTION IN `ARTICLE �ll SECTi0N
300, THEREOF; CONTAINING A REPEALER PROVISION AND •
I A SEVERABILITY CLAUSE.
1 Said ordinances may be inspected by the public 'at.the Off(ce. of
the City`Clerk, 3500 Pan American Drive, Miaml,,Florida,.►Monday
through, Friday, excluding holidays; betwe'eli, the hours of. 8;00.A.M,
and 5 00 P,M.
MATTY HIRAI
CITY CLERK_,.,
q,,..
CITY OF MIAMI; FLORIDA-
04204)
12/18 87-121834M
MR 143A
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florda.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
okle W, who on oath says that she is the Vice
Pr sident illiamsof 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. 10351
X X X Court,
inthe .................... ................
was published in said newspaper in the Issues of
December 18, 1987
Atiianl 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 Miami in said
Dade County, Florida, for r l a period the tf ofone i ce n yearnext preceding
the first publication of the attached copy of advertisement; and
affiant f her says that she has neither paid nor promised any
person, i m or corporation any discount. rebate, commission
or refu for the purpose of securing this advertisement for
pubiica n in the sad newspaper.
rn r ribed before me this
OTA
311 AA D. 19 . 8 8.
of Flo/tda at Large
,Cc�
(SEAL
My C
o (SEAL
my Rlt'+l
CITY OF MIAMI, FLORIDA
LKOAL NOTICE
All Interested persons will take notice that on the 2nd day of
December, 1987, the City Commission of Miami, Florida, adopted fire
following titled ordinances:
ORDINANCE NO. 10351
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGH1308HOOD PLAN AND ADDENDA (SEPTEMBER 1985):
FOR PROPERTY LOCATED AT APPROXIMATELY 2575
SOUTHWEST 27TH AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE
SUBJECT PROPERTY FROM LOW DENSITY RESIDENTIAL
TO COMMERCIAURESIDENTIAL USE: MAKING FINDINGS:
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE N0, 10352
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 2575 SOUTHWEST 27TH
•AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RS•212 ONE -FAMILY DETACHED
RESIDENTIAL TO CR•217 COMMERCIAL RESIDENTIAL
(COMMUNITY) BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CI.ANGES ON PAGE NO.43 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. .
ORDINANCE NO. 10353
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985);
FOR PROPERTY LOCATED AT APPROXIMATELY 1025
NORTHWEST 19TH AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE
SUBJECT PROPERTY FROM LOW DENSITY RESIDENTIAL
TO MODERATE LOW DENSITY RESIDENTIAL USE; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE,
ORDINANCE NO. 10354
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 1025 NORTHWEST 19TH
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RS-2/2 ONE FAMILY DETACHED
RESIDENTIAL TO RGA13 GENERAL RESIDENTIAL (ONE AND
TWO FAMILY) BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO.25 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.
Said ordinances may be inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between thb hours of 8:00 A.M.
and 5:00 P.M.
MATTY HIRAI
r "s CITY CLERK
-: 1) CITY OF MIAMI, FLORIDA
(ft4204)
12118 87 121834 r,t
MR 14
MR 18A V . Pl1M
P.O.BM 45-1008
M, 33245
Y
Dixon 6 Freidman, Inc.
Mr. Allan Freidman
2424 So. Dixie Hwy.
Miami, Florida 33 M
Dear. Mr. Freidman.. ,
Thank you for taking an interest in advising the members of the Silverbluff
Hatieowners Association, of your upcoming project at, S.W. 27th Ave,, at our
meeting on July 13, we had the opportunity to view the plans and listen to
Your presentation.
I am convienced this project will ' ? an asset to the neighborhood
to the City of Miami. This concept caf, and also u��it3ng retail with a
would be beneficial to the City of Miami, since it would bring newnbusiness
and also help with housing problems.
I understand you have made some changes from your original plans that would
eliminate the concerns of the Zoning Board members and likely would overturn
their decission to a favorable one. I hope the City Commission understands
this and grant you their approval for said project. GooD LUCK
Sincerily yours,
YMari'aes
Mr, Thomas J. Dixon
27th Avenue Properties
2424 South Dixie Highway
Mlarni, Plorida 3303
Dear Mr. Dixon:
As you know, I own the property located at. the southeast corner of S.W.
27th Avenue and S.W.25th Terrace, as well as the residence at 2664 S.W.
25th Terrace.
This letter is in response to your telephone call concerning the rezoning of
the rear portion of the property at 2575 SiW. 27th Avenue.
Because you will only have surface level parking, will keep most of the
existing trees and have made provision for adequate parking lot lighting, I
feel that this zoning request should be approved.
Therefore, as a long-time resident of the City of Miami and property
owner, I support the requested rezoning of the rear portion of the property
at 2575 S.W. 27th Avenue.
Sincerely,
Genaro J. Novoa
2424 SC Urt R M 31 WA Y
MiAK t)
� b5i 954-3445
- February 249 1987
Ms. Gloria Fox
Chief of Building and Zoning
Hearing Board Division
City of Miami
275 N.W. 2nd Street
Room 226
Miami, Florida 33123
Re: Rezoning of the east 355.92 feet of
A
Tract n ", Regina mark, less the'north, is
east and south 1.0 feet thereof, as {
recorded in Plat Book 761 Page 59 of
the Public Records of Dade County, Florida
Dear Ms. Fox:
We support the request of Mr. Thomas lames Dixo understanding It will
ppo to CR-2/7 with the un g
above referenced property
only be used for surface parking.
Sincerely,
THIS PETITION IS IN SUPPORT OF THE REQUESTED REZONING OF THE EAST 155.92
FEET LESS THE NORTH, EAST AND SOUTH ONE'(1) FOOT "THEREOF, TRACT "A",
REGINA PARK, AS RECORDED IN PLAT. BOOK 76, RAGE 59 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA
EASED UPON THE RESTRICTIVE COVENANTS AND PROPOSED USAGE FOR
SURFACE LEVEL PARKING 15UI'PORT FOUR REQUEST FOR RE
ZONING
NAME ADDRESS SIG ATURE
P,1
Co-
o ...� W.. _:. S fir.. _. .l •.l,..i�.. �... �(.....�.. .. 1. i a l '
• � tee �� � �,�� �10 dL�. ��
City Glel
10351
THIS PETITION IS IN SUPPORT or THE REQUESTED REZONING OF THE EAST W.92
FEET LESS THE NORTH, EAST AND SOUTH ONE (1) FOOT THEREOF, TRACT "A",
REGINA PARK AS RECORDED IN PLAT. BOOK 76, PAGE 39 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA
RESTRICTIVE BASED UPON THE _STRICTIVE COVENANTS AND PROPOSED USAGE FOR
SURFACE LEVEL PARKING, I SUPPORT yOUK REQUEST FOR RE70NING
10351
MH AVENtM PROPER
2424E SOM Of= M014VIAY
MIAMI PLOTUDA 31131
)~ebruary 24, 1987
Ms, Gloria Fox
Chief of Building and Zoning
Tearing Board Division
City of Miami
225 N.W. 2hd Street'
Room 226
Miami, Florida 33123
Re: Rezoning of the east 355.92 feet of
Tract "A"y Regina Park, less the north,
east and south 1.0 feet thereof, as
recorded in Plat Book 76, Page 59 of
the Public Records of Dade County, Florida
Dear Ms. Fox:
We support the request of Mr. Thomas James Dixon, Trustee to rezone the
above referenced property to CR-2/7 with the understanding that it will
only be used for surface parking.
Sincerely,
{
13
THIS PETITION 15 IN SUPPORT of THE REQUESTED REZONING OF THE EAST 355.92
FEET LESS THE NORTH, EAST AND SOUTH ONE (1) FOOT THEREOF, TRACT "At',
PAGE 39 OF THE PUBLIC
REGINA PARK, AS REcoRbED IN PLAT. BOOK 76,
RECORDS OF DADE COUNTY, FLORIDA
EASED UPON THE RESTRICTIVE COVENANTS AND PROPOSED USAGE FOR
SURFACE LEVEL PARKING, I SUPPORT YOUR REQUEST FOR REZONING
NAME' ADDRESS* SIGNATURE
_ r
57
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' 1LYER �LUFF AROUND TME 5CwO8L� ARE
WE THE N� l6H8ORS OF lSOF yOU ��� �O���sSIO�EHS nF THE CITY
COMING TOk)JGHT IN FRON UR HELP TO HAVE MR �l XON CHANBE THE
� OF NlAMI+ T8 ASK FOR YU 8 AT -6 5TRFET (OF THE
' FNTRANCE THA[ NOW 15 pLANNED TO E T2ET �Nl} �7 AVE) TO
BUILnImG �E l�5 G�INB TO [�ONSTRUCT 'AT 26 � RE
27 AVE. THE *EA�ON pHl� OR TPETITTUN 1S B�CAUSE THAT
DANGEROUS TO Ti'CHILDREN AW[) OTHERS ^ �
' ENTR�r��E AT [�6 STREET [S - THE S�HOQ| <W�ICH T5
' THAT B� BY THE �1DEWALK TO ~ �
PEDESTRIAN H . . '� �~ .~~.^
^ / n` u� � ' '' '^ �'--' — 7 rHE B ENTRANC� AND
-L-- BLuFF ELEMENTAF�Y) ' WE TH1mK THA T 27 AVE-'BECAUSE IN
SILVER - THE LOADING ZONE 5HOULb BE A
EXIT WITH H ' �' ��'- _-- -- ,
' � ^"~~^'`~ --- � TO BL nINlMI�F0 A�OUN[� TH[
THAT WAY 'THE TRAFF[C 15 GOING D UUT �p THE BUILDING
-^
SCHOOL TRUCKS AND CARS BOTNG I AN U .'
" VE TW5TEOD OF 06 STREET WHICH GO
- WILL �E FORCE TO USE 27 A -
` DIRECT TO THE FRONT DOOR OF THE SCHOOL. '
_--
�
THANKS FOR YOUR HELP .
'
` SIGNATURE.
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7 ' -
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I f—I N I (_'i i_j I j rl FROI,4l CIP, Y HAvi". MR I XON HE
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TC1 T R UC T Al 'f HA
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THEN. L. REASON
27 AVE TC) fl-ff'_ CHILDRFI-1
2 t- 51RECT 15 DANGEROUS IS
CJF
ENTRANCE AT y (W
2 E�JTRONII*L`AND
PEDESTRIAN THAI L30 B WE, 7HF
SILVER BLUFF ELEMENIM:�Y)- AT 27 AVE BECAUSE IN
'THE LOADING _ONESHOULD c7 11
WITH 1 4 1 1
EXIT 13(.-IING
THAT WAY v 13 U I 11`11)
SCHOOL. TRUCI-�',9 AND CORS C30 I NL3 I N OND ()U -41CH Go
p&, 5TREEl Wk
WI.LL. BE FORCE TO L ISE P'7 AVE. INSTEAD
DIRECT TO THE FRONT I)OOR OF THE SCHOO1,
YOUR HELP
THANKS FOR
—SIGNATURE ------- 5 w ;t
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