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HomeMy WebLinkAboutO-09428t2� ORDINANCE; NO. 9 4 w S AN ORDINANCE AMENDING ORDINANCE NO, 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY AMENDING ARTICLE XXX, AMEND14ENTS, SECTION 14, SUBSECTION (1) BY ADDING A NEW PARAGRAPH (d), AND FURTHER AMENDING SECTION 15, SUBSECTION (1), REGARDING TIME LIMITATIONS OF REZONING APPLICATIONS; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. VAIEREAS, the Miami Planning Advisory Board, at its meeting, of December 2, 1981, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 81-81 by a 6 to 1 vote RECOMMENDING APPROVAL of an amendment to Ordinance No. 6871, as hereinafter set forth; and WHEREAS, the Citv 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 amendment, as hereinafter set forth; NOW.. THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, as amended, the Comprehensive Zoning Ordinance of the City of Miami, be and the same is hereby amended by amending Article XXX, AMENDMENTS, Section 14, Subsection (1) by adding a new paragraph (d) to read as follows: (d) Whenever an applicant has volun- tarily withdrawn an application for rezoning of property during either first or second reading before the City Commission, the Zoning Board shall neither consider an applica- tion for the same rezoning or eighteen (_1_8T months, nor consider an a ication for any other re- zoning for twelve months 12from t e ate of such action. and further amending Section 15, Subsection (1) to read as follows: (1) The time limits of Section 14, paragraph (1) (b) (c) and (d) of this Article may be waived by a vote of not less than three (3) members of the City Commission when such action is deemed necessary to prevent injustice -- 1/ 1!ziderscored words constitute the amendment proposed. 12# or to facilitate development if the City in the context of adopted comprehensive plans or portion or portions thereof. Section 2. That all Ordinances, Code Sections or parts thereof in conflict herewith be and the same are hereby repealed insofar as they are in conflict. Section 3. 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 Apri 1 , 1981. PASSED, AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of RAITH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: SISTANT CITY ATTOW-1EY May , 1982. Maurice A. Ferre MAURICE A. FERRE, MAYOR 4 1 r iy 1 APPROVED AS TO FOF11 AND CORRECTNESS: GEO E F. KNOX, JR. CITY ATTORNEY IWAM f)428 • MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday. Sunday and Legal Holidays Miami. Dade County, Florida STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Dianna Stuver, who on oath says that she is the Assistant to the Publisher of the Miami Review and Daily Record, a daily (except ublishedaat MiamiSIn Dade Cou ty, Floriunday and Legal fdat ays) newspaper. pthat the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of City of Miami Re: ORDINANCE NO. 9428 X X X Inthe ........................... ............. Court, was published in said newspaper In the Issues of June 9, 1982 Allianl further says that the published ataid Miami in saidiew DadenCountly RecorFlorid Is athat newspaperp the i 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 allianl further says that she has neither paid nor promised any person, firm or corporation ose of securing this rebate. commission or refund for heesefd newspaper. advertisement for pubVcAtiot,;)�,) l''` * •.Svtbrn .tb and subscribed before me this 9th yl 1� Jung. A.o.1s 82 Imo. �.,f,41 i.'(•� •�J�^, �.•.Trrrlp` Franco dyptpry ,Public; StA1e of Florida at Large My Commission expjre69at1% 1985. MR 131 NOTICE IS HEREBY GIVEN pur- suant to an Order or Final ( NOfiiOE OF SALE pit NBUANT t6 OHAOTtA 48 -nent dated MAY 14, 1982 IN THE CIRCUIT COURT OF THE =ntered in Civil Action Case ELEVENTH JUDICIAL CIRCUIT 12.7621 of the Circuit Court of the OF FLORIDA IN AND FOR Eleventh Judicial Circuit In and FADE COUNTY !or Dade County, Florida. wherein CIVIL ACTION NO. 81.186 CARNEGIE CONSTRUCTION Section 10 COMPANY, a Florida corporation, OASIS, A CONDOMINIUM ASSO- Plaintiff, and FRANK PETTY, CIATION, INC. Cpefendant, I will sell to the highest Plaintiff orand best bidder for cash in the vs• obby at the South front door of URIEL OOUENDO alkla URIEL the Dade County Courthouse in QUEN DO, a single man Miami, Dade County, Florida at Defendant 11:00 o'clock A.M., on the 16 day NOTICE IS HEREBY GIVEN pur- )f JUNE, 1982, the following suant to an Order or Final Judg- Jescribed property as set forth In merit dated MAY 13, 1982, and :aid Order or Final Judgment, to entered in Civil Action Case No. wit: 81.188 of the Circuit Court of the Eleventh Judicial Circuit in and Lot 20, Block 2 of HIGHRIDGE for Dade County, Florida, wherein PARK, per Plat thereof, OASIS, A CONDOMINIUM ASSO• recorded in Plat Book 17 at CIATION, INC. Plaintiff and URIEL Page 5 of the Public Records OQUENDO ends URIEL QUENDO, of Dade County, Florida; a single man Defendant, I will sell together with the Improve- to the highest and best bidder for ments thereon. Also known cash in the lobby at the South as 2351 N.E. 56th Street, front door of the Dade County Miami, Florida. Courthouse in Miami,.Dade Coun- ty, Florida at 11:00 o'clock A.M. Dated this 1 day of JUNE, 1982. RICHARD P. BRINKER Clerk of said Circuit Court ;Circuit Court Seal) by C. STAFFORD Deputy Clerk Attorney for Plaintiff Burton Engels 25 W. Ftagler St. Miami, Fla. 33130 373.4713 First publication of this notice Dn the 2 day of June, 1982. ;;12.9 M82.060288 NOTICE OF SALE PURSUANT TO CHAPTER 45 N THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY CIVIL ACTION NO.82.1740 Section 30 =LAGLER FEDERAL SAVINGS, AND LOAN ASSOCIATION OF MIAMI Plaintiff vs CRAIG A. CARAGLIOR, et al. Defendants 3AM FRANK Crossplaintiff VS CRAIG A. CARAGLIOR and BERNADETTE J. CARAGLIOR, his wife Crossdefendants NOTICE IS HEREBY GIVEN pur- 3uant to an Order or Final Judg- nent dated MAY 13, 1982, and sntered in Civil Action Case No. 12.1740 of the Circuit Court of the Deventh Judicial Circuit in and or Dade County, Florida, wherein -LAGLER FEDERAL SAVINGS ;ND LOAN ASSOCIATION OF MIAMI, Plaintiff, and CRAIG A. ARAGLIOR, at al., Defendants, and SAM FRANK, Crossplaintiff, and CRAIG A. CARAGLIOR and 3ERNADETTE J. CARAGLIOR, his wife, Crossdetendants, I will sell :o the highest and best bidder for :ash in the lobby at the South 'ront door of the Dade County :ourihouse in Miami, Dade Coun- y, Florida at 11:00 o'clock A.M., )n the 16 day of JUNE, 1982, the 'ollowing described property as set forth in said Order or Final ludgment, to wit: Condominium Parcel des. ignated 9712 NW 5th Lane, Miami Florida located in on the 16 day of JUNE, 1982, the following described property as set forth in said Order or Final Judgment, to wit: Unit No. G•7 of OASIS NUM- BER TWO, A CONDOMINIUM, according to the Declaration of Condominium thereof, recorded in Official Records Book 9236 at Page 292 of the Public Records of Dade Coun- ty, Florida. DATEDthis 1 dayof JUNE, 1982, RICHARD P. BRINKER Clerk of said Circuit Court (Circuit Court Seal) by C. Stafford Deputy Clerk Attorney for Plaintiff Edward S. Polk 6520 N. Andrews Ave. Fort Lauderdale, Fla. 33134 944.2926 First publication of this notice on the 2 day of June, 1982. 612.9 M82-060279 NOTICE OF SALE PURSUANT TO CHAPTER 45 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY CIVIL ACTION NO. 81.16874 SECTION 26 LANDMARK CONCRETE, INC., a Florida corporation, Plaintiff -vs- ALFREDO MUJICA and BERTA MUJICA, his wife, et al., Defendants NOTICE IS HEREBY GIVEN pur- suant to an Order or Final Judg- ment dated MAY 10, 1982, and entered in Civil Action Case No. 81.16874 of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, wherein LANDMARK CONCRETE, INC., a Florida corporation, Plaintiff, and ALFREDO MUJICA and BERTA MUJICA, his wife, et al., Defend. ants, 1 will sell to the highest and best bidder for cash in the lobby at the South front door of the Dade County Courthouse in Miami, Dade County, Florida at 11:00 o'clocli A.M., on the 16th day of JUNE 1982, the following described prop erty as set forth in said Order of Final Judgment, to wit: , Building No. 54, of EAST WIND LAKE VILLAGE CONDOMIN• AYS Lot 7, Block 5, MLANC C I M together with an SUBDIVISION, according undivided interest as Tenant the Plat thereof as recorder In Common in the Common in Plat Book 10 at Page 1 0 Clements and the Limited the Public Records of Dadt Common Elements appur• County, Florida, alkla 280( tenant thereto according to Northwest 15th Street, Miami the Declaration of Condomin• Florida. ium thereof as recorded in O.R. Book 9546, at Page 500, and Daday this 1st da of June, 1982 Condominium Plan Rook 55, RICHARD P. BRINKER at Page 1, and amended by Clerk of said Circuit Court Amendment No. 1 as recorded (Circuit Court Seal) under Clerk's File No. by Suzanne Rupena 77R3775, Amendment No. 2 Deputy Clerk as recorded under Clerk's File Attorney for Plaintiff No. 77R•30809, Amendment CHAD P. PUDATCH, ESQ. No. 3 as recorded under Cooper, Sy+FrazierBrPggatcl 9.46g Fan/ .+e.iA...w..-.r.,.._d Howard V. Gary City Manager �V4� •.•, io erez-Lugo e Director Planning and Zoning Boards Administration k'r�. December 8, 1981 f1LE ORDINANCE AMENDMENT -RECOMMENDED Ord. 6871, ARTICLE XXX, Section 14 COMMISSION AGENDA -January 28, 1982 PLANNING & ZONING ITEMS ' K The Miami Planning Advisory Board, at its meeting of December 2, 1981, Item #4, following an advertised Hearing, adopted Resolution No. PAB 81-81 by a 6 to 1 vote RECOMMENDING APPROVAL of an amendment to Comprehensive Zoning Ordinance 6871, ARTICLE XXX, AMENDMENTS, Section 14, Subsection (1); and Section 15, sub- section (1), regarding time limitations of rezoning applications, as per the attached. There were no objections. An ORDINANCE to provide for this Ordinance Amendment has been prepared by the City Attorneys office and submitted for consideration of the City Commission. AEPL:cm cc: Law Department NOTE: Planning Department recommendation: APPROVAL. PLANNING FACT SHEET APPLICANT City of Miami Planning Department: November 9, 1981 PETITION 4. Per City Commission motion 81-787; Sep- tember 24, 1981 consideration. of an amend- ment of Comprehensive Ordinance 6871 ARTICLE XXX AMENDMENTS' Section 14, subsection (1) paragraph (b) to provide: that when an applicant has voluntarily with- drawn an application for rezoning of pro- perty during either first or second read- ing before the City Commission, the Zoning Board shall neither consider an applica- tion for the same rezoning for eighteen (18) months, nor consider an application for any other rezoning for twelve (12) months from the date of such action. and providing a new subsection (1) paragraph (b) subparagraph 3 to provide: that, notwithstanding the above, an appli- cation may be withdrawn at any time with- out prejudice, upon Planning Department recommendation and approval of the City Commission. REQUEST To establish procedures when an applicant withdraws a rezoning application. ANALYSIS Applicants seeking a rezoning of property, on occasion, have withdrawn an application before first or second reading at a City Commission meeting in the face of opposition from the neighbors. The application is then submitted at a later date when neighborhood opposition has died. This amendment would penalize such a voluntary withdrawal. Conversely, the Plan- ning Department or City Commission may have reason to suggest a withdrawal and suggest an alternate course of action. For example, an applicant with R-1 property may be seeking R-3 zoning, and the Planning Department may suggest consideration of R-2 zoning. This amendment would allow such a withdrawal and re -submittal of the application upon recommendation of the Planning Department and approval of the City Commission. RECOMMENDATION PLANNING DEPARTMENT PLANNING ADVISORY BOARD CITY COMMISSION APPROVAL Approval, by 6-1 vote December 2, 1981. 1-28-82 CONTINUED FIRST READING.