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HomeMy WebLinkAboutO-10171J-86-109 .10/23/86 ORDINANCE t 1 0 17 1 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORID4, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3591 S.W. 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DFSCRIBF=D HEREIN) PROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO CR-3/7 COMMERCIAL -RESIDENTIAL (GENERAL) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE N0. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of July 7, 1986, Item No. 4, following an advertised hearing, adopted Resolution No. ZB 76-86, by a 5 to 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 Zoninq Atlas of Ordinance No. 9500, the zoning ordinance of the City of Miami, Florida, is hereby amended, except as provided in Section 2 below, by changing the zoning classification of approximately 3591 S.W. 22nd Terrace, Miami, Florida, more particularly described as Lot 17 less the South 10 feet and less the West 10 feet for right-of-way and Lot 18 less the South 10 feet for right-of-way, Block 5, MIAMI SUBURBAN ACRES AMENDED, as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida, from RG-1/3 General Residential (One and Two -Family) to CR-3/7 Commercial -Residential (General). ,Section 2, The Southerly 1 foot of both lots North of the 10 feet right-of-way shall not be redesignated by this. ordinance. Thusi said nortiOnq shall, retain them` Present RG-t/ (ItNERAL R88I08NTtAb classification until specifically rezoned otherwise by subsequent City Commission actilln. :section 3. It i.s hereby found that this zoning classification change! (a) Is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) Is not contrary to the established lend use pattern; (c) Will not create an isolated district unrelated to adjacent and nearby districts; (d) Is not out of scale with the needs of the neighborhood or the City; (e) Will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Is necessary due to chanced or chanainq conditions; (g) Will not adversely influence living conditions in the neighborhood; (h) Will not create or extensively 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 he 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 4. Page No. 42 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, Section 300 of said ordinance, is hereby amended to reflect the changes made necessary by these amendments. - 2 -R 1 0171 0 Section 5, All. ordinances, code sections, all parts thereoF in conflict herewith are hereby repealed insofar as they are in conflict. Section 6. Should any part or provision of this Ordinance he declare?3 by a court of competent jurisdiction to he invalid, the same shall not affect the validity of.- the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 25th day of September , 1986. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TILE ONLY this 23rd day of October , 1986. AVIER L. t-CAayor ATTEST: MATTY HIRAI City Clerk PREPARE AND APPROVED BY: IRIAM MAER istant City Attorney 1; APPROVED TO FORM AND CORRECTNESS: r+ LPCIA LA. DOUGHERT� City Attorney GMM/wpc/cm-s/M063 "•1 •tt.- Ifirai, Clerk of the gh, of Miami. Flor a, ',; e�rtify tltnt att ilte �e__ _day of �w �--' t'•) 9-_a full. true -nnd n"wt coiw of the nbove re ioing ordinanec• w:►-, postW :►t d S :uth Door i',. ;Oe County Ca)urt 11•,use ut th,,t►'a •c: prnr ded a :; •t•. s and pubUc:ations by attaching s::iil eol)y to t '�►4 ; my hay tad the officiul *e;tl of ty Mark W 11-N 10 CITY OP MlAMI, FLORIDA P Z INFER -OFFICE MEMORANDUM ,j The Honorable Mayor and Members BATE September 15, 1986 of the City Commission SU9:lECT ORDINANCE - RECOMMEND APPROVAL CHANGE OF ZONING APPROX 3591 SW 22 TERR ppOM Cesar H. Odio REFERENCES City Manager COMMISSION AGENDA - SEPTEMBER 25, 1986 ENCLOSURE$LANNING AND ZONING ITEMS It is recommended by the Zoning Board that the Change of Zoning Classification in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami from RG-1/3 General Residential (One- and Two -Family) to CR- 3/7 Commercial -Residential (General) for the property located at approximately 3591 SW 22 Terrace be approved. The Zoning Board, at its meeting of July 7, 1986, Item 4, following an advertised hearing, adopted Resolution ZB 76-86 by a 5 to 0 vote, recommending approval of the Change of Zonin5 Classification in the Official Zoning At as of Ordi5ance 9500, as amended, the Zoning Ordinance of the City of Miami from RG-1/3 General Residential (One- and Two -Family) to CR-3/7 Commercia - Resid,ntial (General) for the property located at approximately 3591 SW 22 Terrace, also described as Lot 17 less the South 10' and less the West 0 or right-of-way and Lot 18 less the. South 10' for right-of-way, Block 5, MIAMI SUBURBAN ACRES AMENDED (4-73) P.R.D.C. Three objections received in the mail. Five replies in favor received in the mail; four proponents present at the meeting. Backup information is included for your review. An ORDINANCE to provide for the above has been prepared by the City Attorney's Office and submitted for consideration by the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: DENIAL 20NING FACT SHEET LOCATION/LE GAL Approximately 3591 SW 22 Terrace Lot 17 less the S10' and less the W10' for right-of,way and Lot 18 less the S10' for right-of-way Block 5 MIAMI SUBURBAN ACRES AMD. (4-73) P.R.O.C. APPLICANT/OWNER Kaufman and Roberts 7445 NW 12th Street Miami, FL 33176 Phone # 592-8500 Arthur L. Berger (Attorney. for Applicant) Broad and Cassel One Biscayne Tower, Suite 3333 Miami, FL 33131 Phone # 371-9100 ZONING RG-1/3 General Residential (One and Two -Family) REQUEST Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami to CR-3/7 Commercial -Residential (General). RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. The proposed change would be in conflict with the adopted Miami Comprehensive Neighborhood Plan, and would require substantial modification of the plan including referral to the Florida State Department of Community Affairs in Tallahassee. The proposed change will deviate from the established land use pattern. The change suggested is out of scale with the needs of the neighborhood and City. There have been no changing conditions in the area that make the passage of the proposed change necessary. 017 The proposed change will adversely influence living conditions in the neighborhood. The proposed change will constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. There are no substantial reasons why the property cannot be used in accord with existing zoning for a special exception for off site parking facility. There is ample commercial zoning and areas for commercial development within the community without additional rezoning as requested herein. PUBLIC WORKS The existing sanitary sewers and the street system were not engineered to support the type of development that can occur if this property is rezoned to CR-3/7. DADE COUNTY TRAFFIC & TRANSPORTATION Recommended dedication of 25' radius return at Coral Way and SW 36 Avenue. ZONING BOARD At its meeting of July 7, 1986, the Zoning Board adopted Resolution ZB 76-86 by a 5 to 0 vote, recommending approval of the above. CITY COMMISSION At its meeting of September 25, 1986, the City Commission passed the above on First Reading. 32bt7 1t t313 +►b i� ' Ig 401 40r0W;021i1 ' tw ' aIt 423 24 1r . W.11a 42�"' `� .� _ _ _.. tst 19'3 164 t 02 201 20o 179 I!b 19'l b 3! 19 ♦� 20 210 - e 4 e 4!< 3i l• ♦3T 1 212 723 4 10� 438 1i.1 �' `, 213 214 215 21 17 218 219 220 21 121 60 10 it � ~ ♦119 � .. .: :. .. 6. 440 12 44 �a 453 454 442 443 4 + .: A s 4.46 W 20 �' ° 4S1 1r4 oZR 7 • a J � M � o TRACT 8 3 v c' ('CORAL WAY) S.W. 2 2 SIs T. i0 SC .. .. .. .. 6 3 2 1 _, 16 I (_4 13 12 I I I A 9 8 6 S 4 3 2 .1 O 19 11 17 16 I4 6 $ ui f>1 9 20 21 22 23 24 2S 2T 28 29 30 3 1 1 22 2'3 24 25 26 27 25 2 27 24 2930 31 2 t 2 E R. S.W. 2 2 TER. 40 39 t 37 36 35 33 T 46 45 3 42 41 4 39 38 37 36 3S 34 W 59 54 37 36 SS 94 � � > 5 a' 57 St 59 60 ( 62 3 9 SO SI 52 53 54 SS 6 5'7 58 39 60 61 62 63 61 2 63 64 6S 66 t 23 MEMORIES SUB S'T', - . W. alf 1 J< !; 14 13 12 11 10 9 0 T 6 3 4 3 2 0 Il le IT 16 Is 14 1 ! 43 3 4 3 2. � 16 1 Polls 3 3Q ! I Z P 24 Z0 Z6 ZT Z. 3 ZT Z9 31 1 3t 17,16 19 20 ZI 22 23 Z4 23 6 ZT,20 Z9 _ ... w. TER, ,Q ,, „ IP *Q Q343#T 33343 47 +46 4S 4 43 49 1 40 39 8 37 30 34 34 � 09 30 07 50 5b 19/�/ hf 1Q 4 0 13 412 1 1 a 6 70 63 04 17 „ so _ ell A h.,+ r�� `fro ,fw ? Terrace- 46 f7- A"* Ste •i. y -cY '•Now. t.-., w,�TJ.43�M�•11.�%i�lwab•ub.�a%/..w:. �..- ... - %•{.• Yiw PIS •••.sr rat• ;. , rr_..,. .,. Mvt•. v'.:�: ••�...� �•.• to .• t• f. ~ VW ro • �� ` .�\' '%#•///�////�/ � •r •...• �Tr. ,ram v . 11,1• `t.f• kn ,• 'f. �yy, •,.. - , r t Z _ ` ♦..J'a.'.R )x i .St, •' rlr_;f ` w. ';j Ir R _ •• A�pps'Tprracei '1 r j' fi ae ,> — 171 . APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83 i, 14,QTNue L. 3ER6CIZ _ , hereby apply to the City Commis- sion of t e. ity of Miami for an amendment tote Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: Z I. Address of property Asp. 3 Tg 1 S, w. 2itid 7eAAc.c.Q-- �. 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.) ✓5. At least two photographs that show the entire property (land and Lmprovements). B sl;•I� v'�6. �� Atlas sheet(s) on which property appears y 2 10 .,,v7. Pre'sent Zoning Designation R 6 — 8. Proposed Zoning Designation G V_ - 3 /'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. /�25fi.(r 0 ll�s Soo• 00 4vv 'P.sr, b/e eloP¢ Filing Fee of $ - according to following scheduler .04 persq.ft, of net lot area, minimum (a) To: RS-1, RS-I.1, RS-2, B00000 RG-I, PD-H, PD-HC, (b) To: RC-2, RG-2, I, $0.06 per sq,ft. of net lot area, minimum RG-2.31 RO-1, $350.00 RO-2,1 (a� To: RG-2.2, RG=3, 0.08 per sq.ft, of net lot area, minimum R , 3 1400,00 Now OrN (d) To: CR- It CR-2, ;500.00 0,10 per sq.ft. of met lot area, minimurn CR-3t 0-1, CC.1t CC-2, WFilt WP-R, I-1,1-2; SPI-It2t5t7, 8t5,1it12 (e) To: CBD-I, SPI-6 $0.12 per sq.ft. of net lot area, minimurn $600.00 (f) For any change in a sector number only, for a particular district classifica- tiont the fee shall be the some as for a change in its district classification, as shown in (b) through (e) above. (g) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.00; to be refunded if there is no appeal. (City Code - Section 62-6I) Sig nature nature L Name L. ��C2GE2 /31ta.sp rC-4rtEL Address Gtie /3i s c .7 ,vt ?awe Mi�in7, FL 33� 3/ Phone STATE OF FLORIDA) SS: 'COUNTY OF DADE ) /ZT14U1P- L. %S�ERGE/L , being duly sworn, deposes*cnd says that he is the Authorized —Agent forOwner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the some are true and complete; and (if acting as agent for owner) that he has authority execute this petition on behalf of the owner. ,,---, _ SWORN TO AND SUBSCRIBED before me this I s f day of 1986 MY COMMISSION EXPIRES: Notary Public State of Florida it large, M V1 Gommi;s.ion Elpires Dec, 8, 1987 Form 25-83 A--LSZAL) Notary Public, State of Florida at Large 9. INAPPROPRIATENESS OF*THE EXISTING ZONING CLASSIFICATION Properties located between Coral Way and S.W. 22nd Terrace and between S.W. 36th Avenue and S.W. 34th Avenue have one of two zoning designations. Those lots fronting onto Coral Way are zoned CR-3/7, and those lots fronting onto S.W. 22nd Terrace are zoned RG-1/3. The CR-3/7 zoning is generally used for commercial uses and the RG-1/3 zoning is generally used for off-street park- ing to serve the adjacent properties within the CR-3/7 zone. Permits allowing the above -described arrangement - where the RG- 1/3 lots are used for off-street commercial parking serving uses within the RG-1/3 zone - have been approved in a number of loca- tions in this area. The above -described zoning pattern does not allow flexi- bility and creativity in building and site design since loading and commercial floor area must be located within the CR-3/7 zone and parking is forced to be located within the RG-1/3 zone in order to allow reasonable development of commercial floor area within the CR-3/7 zone. Innovative building designs having alternative arrangements of the parking, loading and commercial floor area are precluded by this zoning pattern. Additionally, the RG-1/3 zoning is inappropriate at this location because S.W. 36th Avenue is a major street and, as with other major streets, it is appropriate to have the commercial zoning along Coral Way extend southward along S.W. 36th Avenue for an appropriate distance. This zoning pattern has been approved in a number of other locations in the area. Therefore, because of the negative effect the existing zoning pattern has on building design and site planning, and because of the location of the subject property at the corner of the block, the present zoning designation is inappropriate. 10. APPROPRIATENESS OF THE PROPOSED ZONING CHANGE: Given the zoning and use patterns described in the section outlining the inappropriateness of the present zoning classifi- cation, the proposed change in the zoning to CR-3/7 would allow more creative planning of the lots between Coral Way_ and S.W. 22nd Terrace in that greater flexibility would exist in the arrangement of parking, loading and commercial space. Further more, because the subject properties are corner lots facing onto S,W. 36th Avenue, the requested CR-3/7 zoning classification is appropriate. CNZ22PQC Le The applicant is prepared to submit a unity of title to insure the comprehensive site planning of their two lots fronting on Coral Way and their adjacent two lots which are the subject of this zoning application. Because of changed circumstances within the area which support the comprehensive site planning of lots fronting on Coral Way, along with the adjacent lots fronting on S.W. 22nd Terrace, the requested zoning change is in the public interest and approval of the request would contribute toward the stated intent and purpose of the zoning regulations. CNZ2200C -2- I The applicant is prepared to submit a unity of title to insure the comprehensive site planning of their two lots fronting on Coral Way and their adjacent two lots which are the subject of this zoning application. Because of changed circumstances within the area which support the comprehensive site planning of lots fronting on Coral Way, along with the adjacent lots fronting on S.W. 22nd Terrace, the requested zoning change is in the public interest and approval of the request would contribute toward the stated intent and purpose of the zoning regulations. N Before Me, the undeMi4led authority, this day personally appeared ,qR, wok . L, . �er- who being by Me first duly SVvtr`n, upon oath, deposes and says: Y 1.. That he is the the legal represeritmtive of the owner, submitting the accwtp� 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 represents, if any, have given their full and complete permission for him to act in their behalf for the change r.,r modification of a classification or regulation of zoning as set out in the accompanyring petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which ne is the owner or legal representative. 4. The facts -as represented in the application and doc=nents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. L v T (Name) Sworn to and Subscribed before me,.. ' this Jy day of `. 1 19 r Notary Public, State of Florida at Large My Commission Expires: Nptary Public State of flpcida at W19. Illy Cpmmissipn ExPife$ Dec, N ? ii .6. Ow' O W'.'V ' t LIST Owner' S "lame 6, *S Hai 1 ink Adriwp5%GO Telephone Legal Description;A (-4t1,ed he1,e f-o �N ae4e . I'a, hevc a-r— Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severalty (by corporation, partnership or privately) within 375' of the subject site is listed as follows: AL 43 Street Address Legal Description rox 35?0- 35-90 --r Street Address Legal Description Street Address Legal Description g I Lot 17, less the South 10 feet and less the West 10 feet for roads, and lot 18, less the South 10 feet for roadq all in Block 51 AMENDED FLAT OF MIAMI SUBURBAN ACRES, according to the plat thereof as recorded in plat book.4 at page 73 of the pablic records of Dade County, Florida. CONTROL No, ---'. ir' fi 115 l � f'Lt rt /U c 0 �-A S S -4 #- 4 4, , v c i!! c11 L. o 4- IL.,. l-.k Lc1 e s fi ►- vC,S k- VeC.e, No. - tiegal description and street address of Subject real prq*rty-. 8 5 it S.W. 2ZV&, 2. Owmer(s) of 9uijj'ftt real 6wnerdhiP. Notet City of Mimi Ordinance No. 5419 requires disclosure of all paftieg axing a financial interest, either 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 corporations, beneficiaries of trusts, and/or any other interested parties, tcgether with their addresses and proportionate interest. a_ Q aAJA P a Joe ;641La.r��;cr,de�.3 Jose L. Sa.,-jh"a.4 SP-ci Zyela, Sawn" C_ reel rvr C., + V. A, --cress H 15 Z IJ c-b Ofl�AJ L JA, r _ 331cL 4- 0 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. A 88 ve A e pro r, 3 5' 2 3 5 cl 0 S.w, 22- 4 5+- RO No. STATE OF FLORIDA SS: 0=141Y OF DADE being duly sworn, deposes and says that ne, is the (Cvwner) (Attorney or Owner) of the real property described in answer to question #1, above; that he.has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of ownership fom on behalf of the owner. SWOR4 TO AM SUBSCRIBED before me this /_7 /-1-, day of ,=98 6 11� MY C", low mms: Florida at Large Notary Public Rote,of of Florida at Will r MI Notary W1115 DOC, Lot 17, less the South 10 feet and leas the West 10 feet for roads, and lot 18, less the South 10 feet for road4 all in Block 51 AMENDED PLAT OF MZAMI SUBURBAN ACRES, according to the plat thereof as recorded in plat book-4 at page 73 of the pablic records.of Dade County, Florida. �j C0NTROL EXHIBIT h9" President Mr. Jose L. Saumat Executive Vice President Manuel Fernandez Secretary/Treasurer Mrs. Irela Saumat Finance Vice President Jose Lopez Vice President of Operations Jorge L. Silveira The address of each of the above officers is: % Kaufnan and Roberts, 7445 N.W. 12th Street, Miami, Florida 33176 l,i %i�`itii tl L 0 Is Less o M il oov L�c f3A At 4 le ES e ca��j c- 4- �Lov I ID t J I KNOW ALL MEN SY THESE PRESENTS TRAT the undersigned, XENNSLY AND KAPLAN, INC., being the owner of the fee simple title to the property legally described as. Lot 17, less the South 10 feet and less the Meat 10 feet for roads, and lot 1$, less the South 10 feet for road, all in Block S, AMENDED PLAT OF M1AMt SUSURHAN ACRtS, according to the plat thereof as recorded in plat book 4 at page 73 of the public records of Dade County, Florida. make the following voluntary Declaration of Restrictions (herein- after "Declaration") hereby covering and running with the above referenced property, specifying that this Declaration shall 'con- stitute a covenant running with the land and shall be binding upon the undersigned and all parties deriving title through them. These restrictions during their lifetime shall be a limi- tation upon all present and future owners of the subject real property for the benefit of the City of Miami, Florida, and the owners of all property within 300 feet of the subject property. 1. The owners are presently applicants before the City Commission of the City of Miami, Florida to rezone the subject property from RG-1/3 to CR-3/7. 2. The following covenant and restriction shall be applic- able to the property: a) That there be no ingress directly from nor egress directly to S.W. 22nd Terrace. All ingress and egress shall be directly via S.W. 36th Avenue. b) The area located within a 25 foot wide strip just north of and parallel to the northern right-of-way line of S.W. 22nd Terrace shall be used as a land- scaped buffer only. The expenditure for land- scaping within the above described 25 foot wide buffer shall be at least $10,000. c) Within the northern most portion of the above described 25 foot wide landscaped buffer there shall be constructed a solid masonry wall having a height of six (6) feet. 3. This Declaration may be modified, amended or released as to any portion of the lands covered hereby by written instrument executed by the holder or holders of the fee simple title .to the subject property and by the City of Miami or its authorized representative, provided that no such modification, amendment or release shall be made without first being approved at or after a public hearing held by the City of Miami. 4, This Declaration shall inure to the benefit of the owners, the City of Miami, and all property owners within 300 feet and may be enforced by the City of Miami and by such owners of property within a 300 foot radius of the subject property by a suit in equity against the then owners of the subject property violating these restrictions, after a determination that a viola- tion exists is made by the City Manager of the City of Miami or his designee. 5. The Declaration shall become effective on the earliest of the following: 1.) thirty-one (31) days after final approval by the City Commission of the City o Miami., Florida of all requested rezoning, provided that a lawsuit has not been filed challenging the requested zoning change; 2) the date the appli- I cant or his successors) or Assign(s) is issued a building permit to begin construction Of a building On the subject property devoted total4jy or in part to commercial arid/or offices use;or 2) the date on which ail legal challenges to the subject re2ohing have been concluded without having successfully challenged the rezoning changes N6tWiIth§tarIdihg the above effective date, Should the subject rezoning at any time be successfully chat- longed to as to preclude the construction of a building devoted totally or in part to commercial and/or office use, or should the requ6gted 2oning be changed so at to preclude the dovOlopMent of a building devoted totally or in part to coftnetcial and/or office use prior to the owner or his successors) or astign(s) having obtained a vested right to construct such a commercial and/or o 1%a, building, then all dtclar- ML restrictions Contained in this ation of restrictions shall cease to run with the land and shall be void and of no effect. f IW WITNESS WHER OFr th@ un erligned has stt its hated and seal this ` day o A 16 WITNES9991 K LA INC, Ji�Se L at, PCesdent Sy .._ Irela aulat, Secretary/ Treasurer The foregoing instrument was acknowledged before me this ;z,,,J day of jy L-y 1§86, by Jose L. Saumat, as president of KENNELY AND KAPLAN, INC., a Florida corporation, on behalf of said corporation. STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) Notary State of Florida at Large My Commission Expires: NOTARY PUBLIC STATE OF FLOR MA NY CONNISSION Exp. DEC. 8.1980 BONDED 1HRU GENERAL INS. UND. The foregoing instrument was acknowledged before me this_--.Zw� I day of .? V LY , 1986, by. Irela Saumat, as Secretary Treasurer of KENNELY AND KAPLAN, INC., a Florida corporation, on behalf of said corporation. Notary P u b± i-c -""--' State of Florida at Large My Commission Expires: NOTARY PUBLIC STATE OF FLOR10A NY COrYIS510N EXD, DEC. 011909 PAN EO THRU GENERAL INS. 05, 0 1'r, George Barket offered the folic!O ng Resolution and toved its adoption, RESOLUTION-B_76-86 AFTER CONSIDERIIvG THE FACTORS SET FORTH IN SECTION 3509 OF ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MiAMI, THE ZONING BOARD ADOPTED RESOLUTION ZB 74-86 RECOMMENDING APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING CLASSIFICATION IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 9500, AS AMENDED, FROM RGW1/3 GENERAL RESIDENTIAL (ONE - AND TWO-FAMILY) TO CR-3/7 COMMERCIAI,- RESIDENTIAL (GENERAL) FOR THE PROPERTY LOCATED AT APPROXIMATELY 3591 SW 22 TERRACE, ALSO DESCRIBED AS LOT 17 LESS THE SOUTH 10' AND LESS THE WEST 10' FOR RIGHT--OF-WAY AND LOT 18 LESS THE SOUTH 10' FOR RIGHT-OF-WAY, BLOCK 5, MIAMI SUBURBAN ACRES AMENDED (4-73) P.R.D.C. Upon being seconded by Mr. Lorenzo Luaces, the motion was passed and adopted by the following vote: AYES: 14s . Morales Messrs. Gort, Barket, Luaces and Romero NAYES: None. _ ABSENT: iris. Basila Messrs. Channing, Milian, Moran-Ribeaux, and Sands Mr. Perez-Lugones: Motion carries 5 to 0. P 6 bA0I '66l).r , LI-10 1 A. t MIAMI REVIEW Published Daily except Saturday; Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Befo►s the undersigned authority personally appeared Octelma V, Ferbeyre, who on oath says that she 1s the Supervlsot of Legal Advertfsing 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 MIk'vfl ORDINANCE NO. 1.0171 In the ........ >;M....... Court, was published in said newspaper in the issues of Oct. 30, 1986 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 Saturday, Sunday and Legal HoliIn said Dade days) andahas been e. each ntered as second class mail matter at the post office in Miami in said Dadethe firsCounty, u catFlorida, on of the atfor a tach d copy of advertiseeriod of one year next ment: and aitiant funher says that she has neither paid nor promised any person, firm or corporation an is t, rebate, commission or rWynd for the p Ora rng his advertisement for pu Lion in the .teidaa WWWiii iii��� 111 r,, .. • > p►fl Jel to an& rsy(Pscribe"' e(ore me this .3.khday .. ' obey 'A.0 8C A P +of otPybiiF tp'of Florida at Large (SEAL) My Commission expires Aug. 16, 1988. MR 143 All interested persons Will take n6tire that on the 23rd day of Qctober, 1986, the City Commission o1 Miami. Florida, adopted the following litled ordinances` ORDINANCE NO. 10165 AN EMERGENCY ORDINANCE .AUTHORIZING THE ISSU- ANCE OF SPECIAL OBLIGATION BONDS. SERIES 1986A PROVIDING FOR THE TERMS THEREOF AND, CERTAIN MAT- TERS IN CONNECTION 'THEREWITH, DECLARING THE ORDINANCE AN EMERGENCY MEASURE; DISPENSING WITH THE READING OF THE ORDINANCE ON TWO SEPA- RATE DAYS: AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10166 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLANS BY CHANGING THE DESIGNA• TIONS FOR THE SUBJECT PROPERTIES FROM MODERATE TO HIGH DENSITY RESIDENTIAL DESIG-NATION TO RESIDENTIALICOMMERCIAL DESIGNATION ON SOUTHWEST 27TH AVENUE FROM APPROXIMATELY 100 FEET SOUTH OF BIRD ROAD 10 TIGERTAIL AVENUE AND FROM LOW TO MODERATE RESIDENTIAL DESIGNATION TO MODERATE DENSITY RESIDENTIAL DESIGNATION EAST OF CENTER STREET. FROM APPROXIMATELY 100 FEET SOUTH OF BIRD ROAD TO APPROXIMATELY 200 FEET NORTH OF DAY AVENUE, AND WEST OF SOUTHWEST 27TH AVENUE FROM COCOANUT AVENUE TO APPROXIMATELY 100 FEET NORTH OF BIRD AVENUE, AND ON LOTS FRONTING THE SOUTH SIDE OF COCOANUT AVENUE FROM VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF 27TH AVENUE, FROM LOW DENSITY RESIDENTIAL DESIG- NATION TO MODERATE TO HIGH DENSITY RESIDENTIAL DESIGNATION FOR LOTS ON THE NORTH SIDE OF COCOA- NUT AVENUE FROM APPROXIMATELY 150 FEET EAST OF 'JIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF 27TH AVENUE; FURTHER, CHANGING THE DESIGNATION FOR THAT PROPERTY APPROXIMATELY 100 FEET BY 200 FEET IN SIZE, FRONTING ON THE EAST SIDE OF SOUTH. WEST 26TH AVENUE, BETWEEN SOUTHWEST 27TH LANE AND SOUTHWEST 28TH STREET FROM A DESIGNATION OF LOW DENSITY RESIDENTIAL TO A NEW ONE OF RESIDENTIALICOMMERCIAL; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABIL. ITY CLAUSE. ORDINANCE NO. 10167 AN ORDINANCE ADOPTING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDUM, DATED SEPTEM- BER, 1985, WHICH REPLACES MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976.1986; PROVIDING PURPOSE; INCORPORATING THE OFFICIAL GUIDE; PROVIDING FOR A TRANSITIONAL PERIOD; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10168 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986 FOR PROPERTY LOCATED AT APPROXIMATELY 3427-3523 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT PROP- ERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; AND, CONTAINING A REPEALER PROVISION AND A SEVERABIL: ITY CLAUSE. ORDINANCE NO, 10169 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 3427-3523 S,W. 22ND TER- RACE; MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED' HEREIN) FROM RG 113 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY.) TO CR•317 COMMERCIAL -RESIDENTIAL (GEN- ERAL) 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 REFER- ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10170 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976.1986 FOR PROPERTY LOCATED AT APPROXIMATELY 3591 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) 13Y CHANGING THE DESIGNATION OF THE SUBJECT PROP- ERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL MAKING FINDINGS; AND, CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITYCLAUSE. ORDINANCE NO. 10171 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORD!- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI- FICATION OF APPROXIMATELY 3591 S.W. 22ND TERRACE. SARY CHANPiES ON PAGE NO, Q OF SAIL] ZONItMG Al LA%� MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF. CONTAINING A REPEALER PROVISION AND A SEVERABIL• ITY CLAUSE. ........,... -. OR1?INANCF-NO.1Q172 14 TA9 , ONIN a Al F Rl�l CItY OCMIAMI, FLOPuDA, It�itfrl�i•U��I�Ir tv+l�'ta1C5i�AN�IUI�t Matty Hitait City Clerk December 1, 1986 1ILE Attht Sylvia bowman, Deputy City Clerk Ordinances 16168, 10169 and u 1�� 10171 4. Jo 1 8. Maxwell p_ �pEti.�Es sistant City Attorney F.1:'t C)S:pEt Pursuant to instructions of the City Commission clarifying their intent as to "transitional boundaries" for parcels which are the subject of land use changes In the subject ordinances, this Office has prepared three (3) new ordinances numbered 10168, 10169 and 10171 which should be substituted in lieu of, and pursuant to the City Commission's instructions, for the Ordinances presently in your files. The changes involve Section 2 of each ordinance in that they delete references to portions of a 1 foot strip around the borders of certain lots. It is clear from the City Commission's instructions that the 1 foot strip was intended to border the Southerly 1 foot of said lots only. The amended Ordinances have been prepares] as a consequence. Only the first two lines of Section 2 of each ordinance have been actually amended. But we have prepared entirely new ordinances to keep down confusion. Should you have any questions, please feel free to contact this Office. I JEM/db/P021 Attachments "= cc: Sergio Rodriguez, Director - Planning Department Attn.: Guillermo Olmedillo, Chief Neighborhood Division Lucia A. Dougherty, City Attorney THFRSQF; CONTAINING A REPEAT -ER PRPV11510N AND A SEVF,RABILITY MAUSE. ORDINA► 09 NO. AN ORDINANCE AMENPING RA MR 145, 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 Sonia Halligan, who on oath says that she Is the Assistant Supervisor 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 MIA4I Re: Notice of Proposed Ordinance In the ..... ......X.. X..X .................. Court, was published in said newspaper in the issues of Oct. 10, 1986 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 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 afflant further says that she has neither paid nor promised any person, firm or Corporation any discount,' rebate, commission or refund for the purpose of securing this advertisement for publicatt In the said newspaper. Swom to a;;// sutispribed before me this 10 day oft. °° .. A.D. 19. .6 . ~ P Alf ul i � ubIIC, of Florida at Large (SEAL) di/ J�" a * • ,' Q `� My Commissidr��d>�ttgg rf{�ffuintttt�'� ellf +t p MIAMI DA61011.1111111VOL8T11GA NOfiIft ap 011606I1Eb tlI1gINAtNt t Notice Is hethby giveh that the City 06mi'1119616h of the City of .Miami, Florida, will cotigideir the following ordlha ioe(s) (in bet ohd and fihal raaditfg on Obtober 23, 19$6 6b11nh aholhg at 9:00 A.M. in the ►ty CommI9916h Chambets, 3500 Para Amerlcah Wive, MIAMI. Florida: ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE, NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING 53205 OF ARTICLE 32 ENTITLED "STATUS OF'DECI- SIONS OF ZONING BOARDS; REVIEW BY CITY COMMISSION; COMMISSION POWERS; JUDICIAL REVIEW,"BY REQUIRING EXHAUSTION OF ADMINISTRA- TIVE REMEDIES PRIOR TO JUDI- CIAL_ REVIEW AND PROVIDING; THAT THE METHOD OF JUDICIAL' REVIEW OF CITY COMMISSION' DECISIONS SHALL BE BY FILING A NOTICE OF APPEAL; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING; THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCEI OF THE, CITY OF MIAMI, FLORIDA BY CHANGING THE ZONING CLASSIFICATION; 1OF APPROXIMATELY 4220, 42341 AND 4244 N.W. 2ND STREET, AND APPROXIMATELY 4225 N.W. 1ST• STREET, MIAMI, FLORIDA, (MORE. PARTICULARLY DESCRIBED HERE- IN) FROM RG 113 GENERAL RES- IDENTIAL (ONE AND TWO. FAMILY) TO CR-2/7 COMMERCIAL - RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAK- ING ALL THE NECESSARY CHANGES ON PAGE NO.32F OF SAID ZONING ATLAS:.MADE A- PART OF. ORDINANCE NO. 9500, BY REFERENCE AND DESCRIP- TION IN ARTICLE 3, SECTION 300,: THEREOF; CONTAINING Al REPEALER PROVISION AND Al SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING' THE ZONING ATLAS OF ORDI- NANCE NO.' 9500, THE ZONING ORDINANCE` OF THE CITY OF MIAMI,.FLORIOA, BY CHANGINGI THE ZONING CLASSIFICATION OF APPROXIMATELY 3427-3523' S.W. ;22ND TERRACE, MlAMI, I FLORIDA, (MORE PARTICULARLY. DESCRIBED HEREIN) FROM RG': 113 GENERAL RESIDENTIAL (ONE' AND TWO-FAMILY) TO CFI-317'. COMMERCIAIRESIDENTIAL. (GE NERAQ;!sY MAKING FINDINGS;' AND BY MAKING.AI_L THE NEC- ESSARY CHANGES ON PAGE NO:' 42 OF SAID 7_ONING ATLAS MADE' A PART OF ORDINANCE N0.9500 BY REFERI=MCE AND DESCRIP TION IN ARTICLE 3, SECTION 300, THEREOF;' CONTAINING' A REPEALER.,PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO_' AN ORDINANCE AMENDING EN MR 145 a ., 11 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 0500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF: APPROXIMATELY 1548.1636 BRICKELL AVENUE, MIAMI, FLOR- IDA,' (MORE. PARTICULARLY DESCRIBED HEREIN) FROM RG2. 1/3 3 GENERAL RESIDENTIAL TO I RG•2115 GENERAL RESIDENTIAL MAINTAINING THE SPI.4 BRIC-1 KELL AREA MAJOR STREETS OVERLAY DISTRICT, BY MAKING FINDINGS; AND 13Y MAKING ALL. THE NECESSARY CHANGES ON - PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDI- NANCE NO. 9500 BY REFERENCE AND DESCRIPTION. IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITYi CLAUSE, ORDINANCE NO. AN ORDINANCE_ AMENDING THE. MIAMI COMPREHENSIVE NEIGH130RHOOD PLAN 1976.1986 FOR PROPERTY. LOCATED AT APPROXIMATELY 3427.3523 SOUT- HWEST 22ND TERRACE (MORE PARTICULARLY- DESCRIBED HEREIN) BY CHANGING THE DES. IGNATION OF. THE SUBJECT PROPERTY FROM LOWMODE- RATE DENSITY RESIDENTIAL TO RESTRICTED .COMMERCIAL; MAKING FINDINGS; AND, CONTAINING A REPEALER PRO- VISIOWAND A.SEVERABIIITY CLAUSE. ORDINANCE NO. AN ORDINANCE,: AMENDING; 'THE ZONING ATLAS OF. ORDI- NANCE NO, 9500, THE ZONING ORDINANCE,,OF THE. CiTY OF MIAMI, FLORIDA, BY.CHANGING THE ZONING' CLASSIFICATION OF APPROXIMATELY 3900.3998' WEST FLAGLER STREET,,MIAMI, FLORIDA, :(MORE PARTICULARLY DESCRIBED HEREIN) -FROM RG05 GENERAL; RESIDENTIAL AND RS-212 ONE:FAMILY DETACHED RESIDENTIAL'TO CR-2/7 COMMERCIAL-RESIDEW TIAL (QOMMIJN ITYY MAKING PAGE NQ42 OF SAiD ZONI, ATLAS MADIE A PART OF OF NANCE NO, 05M i3Y REFEREN AND DESCRIPTION ,IN ARM 3,'SECTJ 300;14EREC CONTAINING:A REPEALER PI VISION ,AND A'SEVERARILI CLAUSE. - ORDINANCE NO. { AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 3591 SOUTH- WEST 22NO TERRACE (MORE PARTICULARLY' DESCRIBED HEREIN)'13Y CHANGING THE DES- iGNATION OF THE SUBJECT' PROPERTY FROM LOW - MODE -RATE DENSITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL; MAK- ING FINDINGS, AND,.CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING. THE ZONING CLASSIFICATION OF APPROXIMATELY 3591 S.W. 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DES- CRiBED HEREIN) FROM RG-113j GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) ,TO.CR-3t7' COMMERCIAL -RESIDENTIAL . (GE- NERAL) BY: MAKING FINDINGS; AND BY MAKING ALL THE NEC ESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO.9500 BY REFERENCE'AND DESCRIP- TION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Said proposed ordinances) may be Inspected by the public at the Office of the City Clerk, MOO'Pan, American 'Drive, Miami,, Florida,! Monday through Friday, excluding; holidays, between the hours. of 8:00� A.M. and 5:00 P.Mr All Interested persons may; appear at the meeting and be heard' with, to the proposed ordinance(s). Should any ;person desire to appeal any decision of the City Commission with respect to, any matter to be considered al this meeting, that person shall ensure, that a verbatim record :of the pro. ceedings is made including ali tes- timony and evidence upon which any appeal maybe based. MATTY HIRAI CITY CLERK CITY OF MIAMi, FLORIDA (#40132) 10110 $� 1Q1002M