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HomeMy WebLinkAboutO-12367J-02-547 6/12/02 12613 � 7�i ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PART OF THE PROPERTY LOCATED AT APPROXIMATELY 4230 NORTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "DUPLEX RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 15, 2002, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 32-02 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544 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 amend Ordinance No. 10544 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designation from "Restricted Commercial" to "Duplex Residential" for part of the property located at approximately 4230 Northwest 3rd Street, Miami, Florida, more particularly described as the North 109.02 feet of the East 3.00 feet of the West 96.46 feet of Tract -2A of SECOND REVISED PLAT OF ESPERANZA MANORS SUBDIVISION, according to the Plat thereof, recorded in Plat Book 39, at Page 69, of the Public Records of Dade County, Florida. Section 3. designation change: It is found that the Comprehensive Plan (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than Page 2 of 5 12367 60 acres through the use of "Small Scale development" procedures; (c) involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (e) does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; and (f) is one which is not located within an area of critical state concern. Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Page 3 of 5 12367 Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty- one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187 (3) (c) , Fla. Stat. (2002) .11 PASSED ON FIRST READING BY TITLE ONLY this 10th day of April , 2003. 1� This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 5 1233 7 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of Ma ATTEST: PRI4CILLA A. THOMPSON CI CLERK APPROVED ATTORNEY W1278:GKW 2003. EL A. DIAZ, MAYO AND CORRECTNESS:C'ikaj Page 5 of 5 12367 ITEM PZ 6 SECOND READING PLANNING FACT SHEET APPLICANT Jose Valle, President, on behalf of Land (1) One LTD HEARING DATE May 15, 2002 REQUEST/LOCATION Consideration of amending the Miami Comprehensive Neighborhood Plan LEGAL DESCRIPTION Complete legal description on file with the Department of Hearing Boards. PETITION Consideration of amending the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the property located at approximately 4230 NW 3`d Street, Miami, Florida; from "Restricted Commercial" to "Duplex Residential'. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPLICATION NUMBER Approval. See supporting documentation. Recommended approval to VOTE: 7-0 City Commission. Passed First Reading on May 1, 2003. 02-028 Item #3 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 5/9/2003 Page 1 1236 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 4230 NW 3rd Street. Application No. LU- 2002-009 DISCUSSION The proposal has been reviewed fora change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000 from "Restricted Commercial" to "Duplex Residential". The subject property consists of a 3 feet wide strip of land fronting NW P Street with a total area of 0.072 acre. (Complete legal description on file at the Hearing Boards Office). Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The subject parcel is currently designated "Restricted Commercial" and the same designation is to the west, south and north; to the east, the area is designated "Duplex Residential". The "Duplex Residential' category allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of the required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult care centers are permissible in suitable locations within duplex residential areas. The areas designated as "Restricted Commercial" allow residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential", to a maximum density of 150 dwelling units per acre, subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. 12367 The Planning and Zoning Department is recommending APPROVAL of the application as presented based on the following findings: • It is found that the subject property is part of a parcel, under the same ownership, with two different land use designations; "Restricted Commercial" on the west part and "Duplex Residential" on the east part. • It is found that this application is in order to move the residential designation by 3 feet to the west, the boundary line dividing the two designations. The purpose of this change is to add this strip to the "Duplex Residential" category in order to comply with the minimum requirements to re -plat the property into two "Duplex Residential" lots. • It is found that Goal LU -1. requires the City to promote and maintain a land use pattern that promotes the efficient use of land and minimizes land use conflicts. • It is found that Policy HO -1.1.5. requires the City to enforce regulations to preserve and enhance the general appearance and character of the city's neighborhoods. These findings support the position that the existing land use pattern in this neighborhood should be changed. It also should be stated, that whereas MCNP Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy 1.2.3.). It is found that the attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 02-09 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: May 6, 2002 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Owner RECREATION AND OPEN SPACE Address: 4320 NW 3 St Population Increment, Residents (2) Space Requirement, acres 0.00 Boundary Streets: North: East: Excess Capacity Before Change 182.80 South: NW 3 St West Excess Capacity After Change 182.80 Proposed Change: From: Restricted Commercial Concurrency Checkoff OK To: Duplex Residential Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.0072 acres C 150 DU/acre 1 DUs Population Increment Residents (2) Peak Hour Person -Trip Generation, Residential 1 Transmission Requirement, gpd (547) Other sq.fL@ 0 FAR 0 sq.tt Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other 1 Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.0072 acres C 18 DU/aloe 0 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 0 Population Increment, Residents (2) Other 0 sq.fL@ 0 FAR 0 sq.ft. Transmission Requirement, gpd (452) Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population (2) Dwelling Units (1) STORM SEWER CAPACITY Peak Hour Person -Trips -1 ExfrRration System Before Change On-site Exfiltration System After Change On-site Planning District Flagami Concurrency Checkoff OK County Wastewater Collection Zone 315 Drainage Subcatchment Basin N1 SOLID WASTE COLLECTION Solid Waste Collection Route 28 Population Increment, Residents (2) Transportation Corridor Name Flagler Solid Waste Generation, tonslyear -3 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 503 Concurrency Checkoff OK Land Use Policy 1.1.1 TRAFFIC CIRCULATION CIE Policy 1.2.3 Population Increment, Residents (2) Peak -Hour Person -Trip Generation -1 LOS Before Change D LOS After Change D Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by PoprMttion irm3arm is awned to be a1 new residerps. Peeklmdod trip Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any. is currently trot known ger is based on ITE Trip Gswrsft% 5th Ebn at 1.4 ppv anerape o�panc'tor private p . TfUrISI rgp°^ Corridor espacitias and LOS are from Table PT -2(R1), Transportation Corridors spat Potable wafer and waslesrala trarrsmiswon eapeeibp are in aecordarree with MsboOade Cornq stand capacities anm d are assumed correct Swvioa connectiel ons Io wt and sewer macre am aswrad Io be of adequals she: M not, new eorarxNo- — are to be irmbded at owners exerrse. RermaboNOpen Space acrsape regrirenrerrts ars assumed with proposed dwnpe made. CM-1—IN 03/1 12367 ---------------- CY) CY) iz NW 6 NW 5 ST I KLNUL N ij1AL.i -�N W 4 S T NW 3 STI � NW 2 ST MAJOR"P UBLIC I I FACILITIES NW 1 ST c%l Gil P LE*--- SIDENTIA 467 PLAT AND STREET COMMITTEE COMMENTS FOR 4230 NW 3 STREET This property is being replatted concurrent with this request in order to comply with current zoning regulations for street frontage. A tentative plat was approved by the Plat and Street Committee on May 2, 2002. 123617 %Et#ij Of fflt-21ML of ALBERTA. DOMINGUEZ, P.E. Acting Director Is „ April 9, 2003 Mr. Jose Valle Land 1 (One), Ltd. 7305 SW 107 Avenue Miami, FL 33173 Dear Mr. Valle: VALLE SUBDIVISION (FIRST RESUBMITTAL) TENTATIVE PLAT #1607-A Located on the Southwest corner of NW 3 Street and NW 42 Avenue IOE ARRIO: The City of Miami Plat and Street Committee, at its meeting of April 3, 2003, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. 1. in Surveyor's Note #10, define the zoning information for C-1 and R-2 and reference it as according to City of Miami Zoning Ordinance 11000, as amended. 2. The zoning change and final plat approval shall be done on the same City Commission agenda as companion items. 3. Correct the third parcel description in the legal description as is shown on the opinion of title. in addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the Public rights-of-way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc. caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. DEPARTME!'T OF PUBLIC WORKS 62 3 7 444 '• ,:,��J,9yp , F orida 33130 / (305) 416-1200 / Fax:(305) 416-2153 "" C:�VI�'DtiCCLOi��RESOLUTS�ViT� tj({�� z 330708 Miami, Florida 33233-0708 Mr. Jose Valle Land 1 (one), Ltd. VALLE SUBDIVISION (FIRST RESUBMITTAL) TENTATIVE PLAT #1607-A April 9, 2003 Page two 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, Albert A. Dominguez, P. E. Chairman, Plat and Street Committee AAD/UH(rjf Enclosure: Contact Sheet C: Juan R. Martinez & Assoc. 8550 W. Flagier Street, Ste. 107 Miami, FL 33144 Plat and Street Committee Members bc: Surveys Civil Engineering Central 6 6) fi 7 CAMyDirectory\RESOLUT'SIVALLE SUBDIVISION.doc JOHN H. JACKSON, P.E. Director May 6, 2002 Mr. Jose Valle Land 1 (One), Ltd. 7305 SW 107 Avenue Miami, FL 33173 Dear Ladies and Gentlemen: VALLE SUBDIVISION NEW TENTATIVE PLAT #1607 r -- �oof'Maxn op ,stair flails c n.. c Fro.. Fro CARLOS A. GIMENEZ City Manager The City of Miami Plat and Street Committee, at its meeting of May 2, 2002, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. 1. In the location sketch: a. Provide a sectional/fractional legal description. b. Label the area to be platted as VALLE SUBDIVISION. c. Show underlying existing subdivision for the plat area and adjacent areas, including block and lot numbers. d. Provide zoning designations and zoning district lines. 2. Provide bearings and distances along all proposed lot lines and along the centerlines of NW 42 Avenue and NW 3 Street. 3. Show underlying legal description for the area to be platted including lot and block numbers, subdivision name and plat and book numbers. Also provide this information, North of NW 3 Street and West of NW 42 Avenue and to the Northwest of said intersection. 4. Provide square footage area for each of the proposed lots. 5. Provide a graphic scale. 6. In Surveyor's Note 110, define the zoning- information and reference it as according to City of Miami Zoning Ordinance 11000, as amended. 7. Provide owner's name and address. ' 8. Elevations must be on City of Miami Datum. 9. Reference the Plat Book and Page numbers for the Miami -Dade County Flood Criteria. 10. Delete the quotation marks from the proposed plat name. CANlvDirec@g0ffS6LtJ-fff 1L'E(i d od Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153 Mai ing A dress: ox 330708 Miami, Florida 33233-0708b� C � i Mr. Jose Valle Land 1 (One), Ltd. VALLE SUBDIVISION - NEW TENTATIVE PLAT #1607 May 6, 2002 Page two 11. Show total width for NW 42 Avenue and reference SDR R/W Plat Book 60, Page 44. 12. Show a proposed 25 -foot corner radius, with curve data, at the Northeast corner of the proposed plat. Identify the portion of the external area to be dedicated for right- of-way and provide square footage. 13. The subdivision South and adjacent to NW 2 Terrace is BECKMAN MANORS (39-78), not REV. PLAT OF ESPERANZA MANORS as shown. 14. State that there are no trees on the property. 15. Show the utilities (lines and structures) in the adjacent streets. 16. Provide ties from the existing buildings to the South and to the West property lines. 17. All encroachments across lot lines must be removed prior to final plat. 18. Check the distance (222.22') along the North tine of the proposed plat. 19. Provide a tie to a section or quarter corner. 20. Provide ties from the plat lines to the Southeast and to the Northwest block corners. 21. A plat approval letter from the Florida Department of Transportation is required prior to the final plat. 22. The opinion of title to be submitted with the final plat must follow the City of Miami opinion of title form. 23. Describe the specific site development intent on the tentative plat. 24. In the title block, delete the statement "For: Lusan Ordonez" and provide a sectional/fractional legal description. Also include City of Miami, Miami -Dade County, Florida. 25. The zoning change and final plat approval shall be done on the same City Commission agenda as companion items. In addition to the above requirements, you should be aware of the following: 11236'0 CAMyDirectory\RESOLUTS\VALLE SUBDIVISION.doc Mr. Jose Valle Land 1 (One), Ltd. VALLE SUBDIVISION - NEW TENTATIVE PLAT ##1607 May 6, 2002 Page three 1. State and local laws require the installation of various physical improvements in the public rights-of-way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc. caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. If you .have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, John H. Jacks , P. E. Chairman, Plat and Street Committee JHJ/UH/rjf Enclosure: Contact Sheet C: Juan R. Martinez & Assoc. 8550 W. Flagler Street, Ste. 107 Miami, FL 33144 Plat and Street Committee Members bc: Surveys Civil Engineering Central CAN1yDirectory\RESOLUTS\VALLE SUBDIVISION.doc 1236'7 JOHN H. JACKSON. P.E. Director May 1, 2002 Mr. Jose Valle Land 1 (One), Ltd. 7305 SW 107 Avenue Miami, FL 33173 Dear Mr. Valle: (� IZttu Vaf ffli t� REQUEST FOR ADJUSTMENT TO THE SUBDIVISION DESIGN STANDARDS- VALLE SUBDIVISION, NEW TENTATIVE PLAT ,x1607 CARL OC A, GIMENEZ Ci* -Min -c-n 1 have received your request for an adjustment to the subdivision design standards, Section 55-11(d) of the City Code, for the "Valle Subdivision", new tentative plat 111607, and have the following information. I have consulted with the Assistant Director of the Planning and Zoning Department concerning an adjustment to permit a zoning district boundary line to divide a proposed tract of land until such time as the land is rezoned to conform to the platted tract line and have made the following findings: 1. Since strict compliance to the design standards do not provide a mechanism to simultaneously plat a new tract and change the zoning, the property owner is deprived reasonable use of the land. 2. This adjustment is necessary for the applicant to retain reasonable use of the land. 3. This adjustment will only affect the applicant's property and will not be detrimental to the public welfare in that the necessary accompanying zoning change will be effective at the same Commission meeting as final approval of the plat. 4. For the reasons stated above and the configuration of the land, this adjustment will not burden City services, the ability to provide those services or the public's use of the adjacent streets. C:1,vfyDirecl;gdff§ftg,ff PiWAIL�p,Wt /Lt t- :h&2nd Avenue/Ntiami, Florida 33130/(305t416-1200/Fax:416-2153 Mailing A caress: P.O. Box 330708 Mlami, Florida 33333-0708 Mr. Jose Valle Land 1 (One), Ltd. REQUEST FOR ADJUSTMENT TO THE SUBDIVISION DESIGN STANDARDS- VALLE SUBDIVISION, NEW TENTATIVE PLAT .11607 May 1, 2002 Page two Based on these findings, I hereby approve an adjustment to the subdivision regulations.. Section 55-11(d) of the City Code, to permit a zoning district boundary line to divide a proposed tract of land until such time as the land is rezoned to conform to the platted tract line subject to the condition that the said rezoning and final plat approval being done on the same City Commission agenda as companion items. If you have any questions concerning this matter, please contact me at 305-416-1223. Sincerely, , John H. Jacks n, P.E. Supervisor of Plats Director JHJ/JRA/LJH/rjf Plat and Street Committee Members C:\lytyDirectory\FZESOLUTS\LAi1D I (ONE), LTD..doc RESOLUTION PAB - 32-02 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT APPROXIMATELY 4230 NORTHWEST 3RD STREET FROM "RESTRICTED COMMERCIAL" TO "DUPLEX RESIDENTIAL". HEARING DATE: May 15, 2002 ITEM NO.: 3 VOTE: 7-0 1vj,A/1 11�� ATTEST: / ! i "' -Oul— -Z Ana bethe , Director Planning and oning Department 1236 • 4`� dZ PUNNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2"d Avenue, 71' Floor • Miami, Florida 33130 I 'l, Telephone 305-416-1480 • Fax 305-416-2035 t"C06t OOr1Tti6 16 +* ;l *o 04~ APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. Section 62-32 of the Code of the City of Miami, periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report reads as follows: (a) Periodically, but not less often than once in five years or more often than once in two years, the comprehensive plan shall be reviewed, evaluated and appraised by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or amendments to the comprehensive plan. The Planning and Zoning Department shall prepare an evaluation and appraisal report for the planning advisory board which shall evaluate the comprehensive plan pertaining to the major problems of development, physical deterioration and the location of land uses and the social and economic effects of such uses; the status of each element of the comprehensive plan; the objectives of the comprehensive plan compared to actual results and the extent to which unanticipated and unforeseen problems and opportunities occurred; all as compared between the date of adoption and the date of the report. The report shall suggest that changes needed to update the comprehensive plan including reformulated objectives, policies and standards. (b) The planning advisory board may recommend the report as presented, modify the report or reject the report in duly noticed public hearing pursuant to the procedures in Section 62-31. (c) The city commission shall adopt, or adopt with changes, the report or portions thereof by resolution in public hearing within 90 days after the planning advisory board date of recommendation. The city commission shall thereafter amend the comprehensive plan based on the recommendation in the evaluation and appraisal report. Adoption of the report and recommended amendments to the plan may be made simultaneously Rev. 12/06/01 pursuant to section 62-31 or if not simultaneous, the evaluation and appraisal report shall contain a schedule for adoption of the recommended amendments within one year. See also Article 22 of the Zoning Ordinance. 2. Two 11x17" original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 3. An 8 Y x11 ° copy of all exhibits that will be presented at the hearing shall be attached to this application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached form). 5. Complete application should be reviewed and initialed by Planning and Zoning designee prior to submittal. 6. Cost of processing, according to the City Code: Conservation, recreation, residential single-family duplex Residential medium density multifamily Residential high-density multifamily, office, major public facilities, transportation/utilities Commercial/restricted, commercial/general and industrial Commercial (CBD) Surcharge for advertising each item Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice 7. This petition is proposed by: ( ) Planning and Zoning Department ( x) Other (please specify): owner $ 300.00 $ 450.00 $ 550.00 $ 650.00 $1,200.00 $1,200.00 $ 3.50 8. The subject property is located at: 4320 N.W. 3rd Street, Miami, FL Folio number: 01-4105-015-0020 AND MORE PARTICULARLY DESCRIBED AS: Lot(s) See survey for -Legal Description Block(s) Subdivision Rev. 12/06/01 2 9. The undersigned being the iwner or the representative of the ov of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above-described property as indicated in the Land Use Plan: FROM: Restricted Commercial (x'1) TO: 'Duplex Residential (R2) 10. Please supply a statement indicating why you think the existing plan designation is inappropriate: We are currently applying for Platt in order to remove a small strip of commercial property in order to add it to the residential site abbutting it. By adding this small strip to the residential site, we will be able to maintain the consistency of the=surrounding area as residential duplexes. We feel that this will improve the surrounding area. 11. Please supply a statement justifying your request to change the plan to your requested plan designation. See above. 12. What is the -acreage of the property being requested for a change in plan designation? 314.89 SgFt 0.0072 Acres 13. Has the designation of this property been changed in the last year? No 14. Do you own any other property within 200 feet of the subject property? Yes If yes, has this other property been granted a change in plan designation within the last twelve months? No 15. Have you made a companion application for a change of zoning for the subject property with the Hearing Boards Division? Yes 16. Have you filed with the Hearing Boards Division a(n): Owner's list form? Yes • Affidavit of ownership? Yes ■ Disclosure of ownership form? Yes ■ List of owners of property within 500 feet of the subject property? Yes If not, please supply them. Rev. 12/06/01 3 17. What is the purpose of this amendment? To make our prop y compatible with surrounding neighborhood Signature t Name Jose Valle for Land (1) One Ltd. Address 7305 SW 107th Avenue Miami, Florida 33173 Telephone (3 0 5) 447-1196 Date February 28, 2002 Rev. 12/06/01 4 114 .26V)i c a.: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument 20 0 Z (Stamp) Ilk acknowledged before me this 22� day of who is an indivi ual known tom r who has produced _ sixt-w-fio did (did not) take an oath OFFICIAL. NOTARY SEAL MARIA O GODOY NOTARY PUBLIC STATE OF RDRMA COMMISSION NO. CC794449 MY COMMISSION EXP. DEC. 2,2002 STATE OF FLORIDA COUNTY OF MIAMI-DADE as The foregoing instrument was acknowledged before me this day of 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev. 12/06/01 5 12367 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Jose Valle for Land (1) One, Ltd. , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, ❑ including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in coj1junction with this affidavit are true and correct. Further Affiant sayeth not. Jose Valle for Land (1) One, Ltd. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was C2- by -- CS t V r me his day ofT(;LGJc_\�.' a of corporation, on behalf of the corporation. He/She is personally known to me or has produced ntification who did (did not) tak an -oath. MARIA O GODOY NOTARY PUBLIC STATE OF FLORIDA (Stamp) COMMLS.SION NO. CC794449 MY co\4Mt5-5lON FXP. DEC.2,2002 Sign ture \ Rev. 12/05/01 Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: OWNER'S LIST LAND 1 (ONE) LTD 7305 SW 107 AVE Any other real estate properly owned individually, joint, partnership or privately) within 500 feet of the subject site is Street Address ?An-2*jft NW 42 AVF. Street Address 292-298 NW 42 AVE S Street Address Rev. 1 ZAW1 .s 4 Zip Code 33173 Zip Code Zip Code or severally (by corporation, ted as follows: Legal Description ;E ATTACHED PARCEL C ATTAal DCHED RCEL B Legal Description PARCEL A: T' , West 96.46 feet of Tract 2-A of ES .ANZA N- HORS, SECOND REVISED PLAT, according to the Plat thereof as recorded.in Plat Book 39, page 69 ofthe Public Records ofMiami-Dade County, Florida. Folio #01-4106-015-0020 f PARCEL B: The East 150 feet of Tract 2-A, less the East 15 feet for Road purposes, of ESPERANZA MANORS, according to the Plat thereof as recorded in Plat Book 39, Page 69, of the Public Records of Miami -Dade County, Florida. Folio #01-4105-015-0010 PARCEL C: Lots 3 and 4, AL3EAN TERRACE, a subdivision of Tract 2, of Second Revised Plat of ESPERANZA MANORS, NW 1/4 of Section 5, Township 54 South, Range 40 East, according to the Plat thereof as recorded in Plat Book 39, Page 75 of the Public Record of Miami -Dade County, Florida. Folio 401-4105-01.2-0020 I� DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: The North 109.02 feet of the East 3.00 feet of the West 99.46 feet of Tract -2A of "Second Revised Plat of Esperanza Manors" according to the Plat thereof as records in Plat Book 39 at Page 69 of the Public Records of Miami -Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Valle Family Properties, Inc. 2% Melissa C. Valle 5% Land (1) One, LTD 100% Nicole M. Valle 5% Patricia J. Kates 5% Julia I. Valle 41.5% Dr. Jose Valle 41.5% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property/ Please see attached for legal description. Jose Valle for Land (1) One, Ltd. Owner or Attorney for Owner Name Owner or Alfioegor Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ac owledgebefore me this day of 20�by ' ._S 1 c of 1 (-- . rk , ► a - on b4half df'the corporation. He/She is --personally known to me or has as identification an w o wii not) take a 7-o@th. OFFICIAL NOTARY SEAL i \ MARIA O GODOY NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC794449 _ ' j - MY Co�,Am S,1C"d FXP. DEC. 2,20M Signa corporation, produced _ (Stamp) Rev. 12/05/01 124 3 6 w� 03-20-2002 02:13PM FROND. JUSTIN Nil " , P.A. To Whom It May Concern: 581-447-0059 T-945 P-902/002 F-791 March 20, 2002 7301-A WEST PALMETTO PARK ROAD SUITE 305.0 BOCA RATON, FLORIDA 33433 (561) 447-9600 TELECOPIER (561) 447-0059 E-MAIL: D]NMES @FL-LAW.NLT Re: Land 1 (One), Ltd., a Florida limited partnership (the "Partnership") I am an attorney licensed to practice law in the State of Florida. I have examined the Agreement of Limited Partnership of Land 1(One), Ltd., dated June 16, 1994, and have determined that Valle Family Properties, Inc., a Florida corporation is the General Partner of the aforementioned Partnership _ The General Partner pursuant to Section 13.19, a copy of which is attached hereto, has the absolute authority to bind the Partnership in all legal matters. Jose Valle is the President of the General Partner and in his capacity as such, has the authority to bind the Partnership. If you any questions regarding the matters set forth herein, please feel free to contact the undersigned. This letter may be expressly relied upon by any governmental agency processing a variance application on behalf of the Partnership. D= Justin DJN/gft cc: Land 1 (One) w:%wPDOCSII.ETf ERS\Vallc\20021LAND1-general-032002.wpd 12367 03-01-2002 02:09PM FROM -D. JUSTIN NILES, P.A. 561-447-0059 T-770 P.002/002 F-559 This Instrument Prepared By: D. Justin Niles, Esquire 7301-A West Palmetto Park Road Suite 305-C Boca Raton, Florida 33433 PARTNERSHIP AFFIDAVIT State of Florida County of Miami -Dade BEFORE ME, the undersigned authority, personally appeared JOSE VALLE, hereinafter referredto as "Affiant", the President of VALLE FAMILY PROPERTIES, INC., the sole General Partner of LAND 1 (ONE), LTD., a Florida limited Partnership (the "Partnership"), who deposes and says that: 1. The sole general partner of Land 1 (One), Ltd. is Valle Family Properties, Inc., a Florida corporation. 2. Valle Family Properties, Inc. as the sole general partner has full power and authority to execute any and all conveyances and encumbrances, and any other instruments of or relating to, or affecting real property owned by the Partnership. 3. The Partnership Agreement for the Partnership remains in full force and effect and has not been modified and the Parmmrrship has not been diss�lved. 4. Affiant makes this Affidavit in accordance with the provisions of Section 689.045(3) of the Florida Statutes, for noticing all persons having business or dealings with the Partnership of the matters set forth herein. FURTHER AFFIANT SAYS NOT. Jose Valle. l� State of Florida County of Miami -Dade The foregoing instrument was sworn to, subscribed and acknowledged before me this S_t day of March, 2002 by Jose Valle, and he has produced his drivers license as identification_ OFFICIAL. NOTARY SEAS. MARIA O CODOY \c NOTARY PUBLIC STATE OF FLORIDA 49 M Commission expires: COMMISSION No.. DEC. 22 - No Public My XP MY COidMLS510N EXP. DEC. 22002 \� 236 i 03-01-2002 01:40PM FROM -D. JUSTIN '"'ES, P.A. 561-447-0059 T-769 P.007/008 F-557 PARTNERSHIP RESOLUTION 1, JOSE VALLE, as secretary of VALLE- FAMILY PROPERTIES, D;C_, a Florida corporation, the sole general partner of LAND 1 (ONE), LTD., a Florida limited partnership (the "Partnership" or "Land V), hereby certify that a meeting duly held on the - day of March, 2002, of the General Partner of the Partnership, the following Resolution was approved unanimously: RESOLVED, that the Partnership is hereby authorized and directed to execute, deliver and perform all obligations regarding closing documents in connection witli obtaining financing for that certain real property located at 260-298 NW 42nd Street, Miami, Florida 33126, from (the "Batik") to Land 1 (ONE), LTD. ("Land I ") in accordance with a Loan Commitment and containing such terms and conditions, and in form and substance as shall be deemed reasonable and satisfactory to Land 1, by and through its General Partner is hereby approved and ratified. RESOLVED FURTHER, that JOSE VALLE, President and Secretary of VALLE FAMILY PROPERTIES, INC., sole gcnc7al partner of Land 1 is hereby authorized and directed on behalf of the Partnership to execute and deliver on behalf of the Partnership, any and all documents and to take such other action on behalf of the Partnership as JOSE VALLE deems in his sole discretion, necessary or appropriate to carry out the transactions contemplated by the foregoing resolutions. EXECUTED this -' day of March, 2002. LAND 1 (ONE), LTD., a Florida limited partnership By: VALLE FAMILY :PROPERTIES, INC., a Florida corpor�tian; Sole General Partner By: Jose Va e, Secretary [Corporate Seal] W:\WPDOCS\VuIir\EANDONE\GADenrcrpriscs\CorporateRdiotuti=Rev-u34102.wpd 126617 03-01-2002 01:40PM FROM -D. JUSTIN NILES, P.A. 561-447-0059 T-769 P.005/006 F-557 CERTIMCATE OF CORPORATE RESOLUTIONS, CORPORATE STATUS AND INCUMBElN'CY The undersigned, the Secretary of VALLE FAMILY PROPERTIES, D C., a Florida corporation (the "Company"), hereby certifies that: 1. The Company is a duly formed, validly existing corporation in good standing under the laws of the State of Flori da, and is the general partner of LAND 1(ONE), LTD.. a Florida Limited partnership ("Land I") - 2. At a special meeting of the shareholders and the board of directors of the Company duly and regularly held in accordance with its By -Laws on the i day of March, 2002, it was approved unanimously: RESOLVED, that the President of the Company, acting alone, be and hereby is authorized to execute and deliver, and the secretary of the Company is hereby authorized to (but is not required'to) affix the seal of the Company to and attest the same upon, as general partner of Land 1, any and all documents (the "Closing Documents") necessary to carry out the financing of the Property in accordance with the terms and provisions of that certain Loan Commitment for property located at 260 - 298 NW 42nd Street, Miami, Florida 33126, between as Lender and Land 1, as Borrower, but with such modifications and additional provisions as the officer of the Company executing the same may deem advisable, and any and all other documents and instruments required in connection with the execution of the Closing Documents and all supplements and amendments to the same or to any of the same as the officer of the Company executing the same may deem advisable, all of which documents and instruments executed and delivered as aforesaid to be and constitute the acts and obligations of the Company, the Company hereby ratifying and confirming the acts of its officer executing and delivering all of such documents and instruments, irrespective of whether such acts were performed before or subsequent to the date ofthe adoption hereof, and directing the officers and employees of the Company to perform all of the Company's obligations and undertakings under each and all such documents and instruments. 3. The following are duly elected or appointed to the offices o0he Company set forth opposite their respective names and are incumbent in such offices as of a hereof, and the signatures appearing opposite their respective names are the genuine sign of such persons: NAME TITLE JOSE VALLE President and Secretary W: \WPDOCS\Valle\LANT)O IE\GADentetprises\CorporateP mlu tiunaKcv-030102.wpd 1`13397 03-01-2002 01:40PM FROM -D. JUSTIN ""ES, P.A. 561-447-0059 T-769 P.006/008 F-557 IN WITNESS WHEREOF, the undersigned has hereunto set his,l`iand and affixed the Company's corporate seal this 6 day of March, 2002. (Corporate Seal) The undersigned, the President of the Company, hereby certifies that JOSE VALLE is the Secretary of the Company. Jos ;y`all , President The undersigned, the Secretary of the Company hereby frtifies that JOSE VALLE is the President of the Company. Josj Valle, Secretary State of Florida i County of. Miami -Dade The foregoing Certificate was sworn to, subscribed and acknowledged before me this r r day of March, 2002 by JOSE VALLE, Secretary of VALLE FAMILY PROPERTIES, INC., on behalf of the corporation, who M is personally known to me [ ] who has produced his drivers license as identification. OFFICIAL NOTARY SEAL MARIA O GORY NOTARY PUBLIC STATE OF FLORIDA �--, COMMISSION NO. CC794449 MY COMMISSION EXP. DEC. 22002 \^-' /� L V- `��---� �- - Notary lie My Commission Expires: W:\WPDOCSW&Iic1I.AN[)ONE\GADrntapHses\CorpomwResotutionsRev-030102.wo 1.2361 01-23-2001 13:29 FROU-0. JUSTIN ►' -S, P.A. This document prepared by Garth A Webster, Esq. Walton Lantaff Schroeder & Carson 9350 Financial Center - 10' Floor 9350 South Dixie Highway Miami, Florida 33156 TeL- 305-671-1349 561-44T-0059 E RC' 19446 fG 284T. WARRANTY DEED T-523 P.002/004 F-818 O IRO 17239' 2001 .IAN 11 11:08 DOCSTPDEE 4►800.04 SURTX 3,600.00 HARVEY RUVIN► CLERK. DADE COUNTY► FL THIS INDENTURE; made this day of January, 2001, GAD ENTERPRISES, a Florida general partnership, Garth A. Webster, David K. Tharp and Andrew L. Richard, Jr., as general partners, with an address of 9350 Financial Center, 10' Floor, 9350 South Dixie Highway, Miami, Florida 33156, of the County of Miami -Dade, State of Florida, Grantors, parties of the first part and LAND 1 (One) Ltd., a Florida limited partnership, Grantee, party of the second part, with an address of .3200 Ponce de Leon Boulevard, Second Floor, Coral Gables, County ofN rami -Dade, Florida 33134. WITNESSETH, that said Grantors, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations in hand paid by said Grantee to said Grantors, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following -described land, situated, lying and being in Miami -Dade County, Florida, to wit. PARCEL A: The West 96.46 feet of Tract 2-A of ESPERANZA MANORS, SECOND REVISED PLAT, according to the Plat thereof as recorded in Plat Book 39, Page 69 ofthe Public Records ofMiami-Dade County, Florida. Folio #01-4109-015-0020 PARCEL B. The East 15Q feet of Tract 2-A, less the East 15 feet for Road purposes, of ESPERANZA MANORS, according to the Plat thereof as recorded in Plat Book 39, Page 69, of the Public Records of Miami -Dade County, Florida. Folio #01-4105-015-0010 PARCEL C. Lots 3 and 4, ALJEAN TERRACE, a subdivision of Tract 2, of Second Revised Plat of ESPERANZA MANORS, NW 1/4 of Section 5, Township 54 South, Range 40 East, according to the Plat thereof as recorded in plat Book 39T Page 75 of the Public Record of Miami -Dade County, Florida. Folio #01-4105-012-0020 12367 01-23-2001 13:30 FROG! -D. JUSTIN PIES. P.A. SUBJECT TO: $61-447-0059 � tc♦�_ ���rf T-523 P.003/004 F-818 I . Conditions, restrictions, limitations and easements of record, if any: without reimposing the same; 2. Taxes ibr the year 2001 and subsequent years. And said Grantors do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands and seals the day and year first above written Signed, sealed and delivered in our presence as to all Grantors: STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI -DADS ) GAD ENTF..RPRISES, A Florida General Pa nership Garth A. Webster As General Partner L: David K. Tharp As General Partner r 2164L � �I Andrew L. Richard, Jr. As General Partner_ I hereby certify that on this day of JANUARY, 2001, personally appeared before me, an officer duly authorized to admuiister oaths and take acknowledgments, Garth A Webster, Dauit Andrew L. Richard, Jr., as General Partners of GAD ENTERPRISES, who are personally known tome or produced _ as identification, antors in the foregoing deed and they acknowledged executing the same and did not take an oath. 12367 01-23-2001 13:30 FRDM-D. JUSTIN N"ES, P.A. 561-447-0059 T-523 P-004/004 F-618 REc JW) Pc Ctj4y witness my hand and official seal in the Cour - January, 2001. NOTAR �- At Large ,.;�"ry•.. - Bripetse M. Bamler �� " ' " i/ `" ' "' _ ,� K� My CO►, MSSION o ccs512m EXPIRES Print or name TFC TAOY F�wit5tl�tA�T£.It7G• (� n Commission Number �jeo� My Commission Expires CFMWooc ' komk RECORD VEPUCIED HARVEY RUViN CLERK CIRCUIT WURY 1236'7