HomeMy WebLinkAboutO-12032J-00-1025
3/28/01
—� V)2. — a
ORDINANCE NO. 12032
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTY
LOCATED AT APPROXIMATELY 195 SOUTHWEST 15TH
ROAD, MIAMI FLORIDA, FROM "OFFICE" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING. TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board, at its meeting of
November 15, 2000, Item No. 3, following an advertised hearing,
adopted Resolution No. PAB 67-00, by a vote of four to two (4-2),
thus constituting a RECOMMENDATION OF DENIAL of an amendment to
the Future Land Use Map of Ordinance No. 10544, as amended, the
Miami Comprehensive Neighborhood Plan 1989-2000, 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 Comprehensive Plan change as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
12032
•
•
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby 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 "Office" to "Restricted Commercial" for the property located
at approximately .195 Southwest 15th Road, Miami, Florida, more
particularly described as that portion of Lots 3 and 4, Block 97
South of MAP OF MIAMI SUBDIVISION (B-41), of the Public Records
of Miami -Dade County, Florida, lying West of the West line of the
Metro -Rail as shown on the "NORTH CORRIDOR RIGHT-OF-WAY MAP"
(124-20), of the Public Records of Miami -Dade County, Florida.
Section 3. It is hereby found that this Comprehensive
Plan designation change:
(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 60
acres through the use of "Small Scale Development"
procedures;
(c) Is one which involves property that has not been
the specific subject of a Comprehensive
Neighborhood Plan change within the prior twelve
months;
(d) Is one which does not involve the same owner's
property within 200 feet of the property that has
Page 2 of 4 12032
•
•
been granted a Comprehensive Neighborhood Plan
change within the prior twelve months;
(e) The proposed amendment does not involve a text
change to goals, policies, and objectives of the
local government's Comprehensive Neighborhood
Plan, but proposed 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 hereby directed to
instruct the Director of the Department of Planning and Zoning to
immediately transmit a certified copy of this Ordinance and the
public notice published 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 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 hereby 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 -
Page 3 of 4 ����
one (31) days after second reading and adoption thereof pursuant
and subject to 163.3187 (3) (c) , Fla. Stat. (2000).11
PASSED ON FIRST READING BY TITLE ONLY this 22nd day of
February , 2001.
this
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
29th day of March
2001.
JOE CAROLLO, MAYOR
In ace with Miami Code Sao, 2.38, aimco thio M,%"r d1d hat Indic to 6 ! ti
Oft le&Iation by signing it in the doaigncted Pi co pmvid , @aid look)l rl W4
ba=es effective with the elapse orf ten (10) days rorn the " e of Go, Ion fi
regarding same, without the Mayor rci to.
ATTEST:
VVINerJe
oeman, City Clark
WALTER J. FOEMAN
CITY CLERK
APPROVED ASTOf, ORM/AND CORRECTNESS:
ALES146RNEY O-LARELLO
C h.:TY
W974 ':mea:BSS
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 4 .1
0. 0
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Walter J. Foeman
City Clerk
FROM: Alejandro V
City Attorne
DATE: April 2A', -,f 001
RE: Scrivener's Err1f Correction -Ordinance No. 12032, adopted March 29, 2001
Ordinance No. 12032, adopted on second reading March 29, 2001, .contains a scrivener's
error as it incorrectly reflects in the first Whereas clause that the Planning Advisory Board
voted as RECOMMENDING APPROVAL to an amendment to the Future Land Use Map for
the property at 195 Southwest 15`h Road, Miami, Florida.
In the attached corrected Ordinance, the language in the Whereas clause has been
corrected to reflect a RECOMMENDATION OF DENIAL by the Planning Advisory Board
since the members voted four to two on November 15, 2000, for the amendment, and City
Code Section 62-62(d) specifically requires that ... no action to recommend adoption of
comprehensive plans or portions thereof, to recommend the amendment of zoning ordinance as
set out in article 22 of the zoning ordinance, or to recommend approval of a site and
development plan shall be taken without the concurring votes of at least five members of the
board. .... This correction in no way alters the intent of the City Commission vote of
March 29, 2001.
Please substitute the attached original Ordinance to replace the document you presently
possess as Ordinance No. 12032. After the correct document has been executed, please
forward a copy to this Office. This memorandum may be attached to Ordinance No. 12032 so
that any concern regarding the substitution of said Ordinance is clarified.
W556:BSS
Attachment
120 )2
-00-1025
2 4/01
1203 203
ORDINANCE NO. 2
ORDINANCE OF THE MIAMI CITY COMMISSION
DING THE FUTURE LAND USE MAP OF THE
COM HENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE L D USE DESIGNATION OF THE PROPERTY
LOCATED APPROXIMATELY 195 SOUTHWEST 15 Tx
ROAD, MIA FLORIDA, FROM "OFFICE" TO
"RESTRICTED OMMERCIAL"; MAKING FINDINGS.;
DIRECTING T SMITTALS TO AFFECTED
AGENCIES; CONTA ING A REPEALER PROVISION
AND A SEVERA13ILI CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DA
WHEREAS, the Planning Advisor Board, at its meeting of
November 15, 2000, Item No. 3, followi an advertised hearing,
adopted Resolution No. PAD 67-00, by a vote of four to two (4-2),
RECOMMENDING APPROVAL of an amendment to the ture Land Use Map
of Ordinance No. 10544, as amended, the MianX Comprehensive
Neighborhood Plan 1989-2000, as hereinafter set fort'; and
WHEREAS, the City Commission, after careful consi5eration of
this matter, deems it advisable and in the best interest\ of the
general welfare of the City of Miami and its inhabitants to Nrant
this Comprehensive Plan change as hereinafter set forth; \
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
[NOTE;. -'i' The original Ordinance No.,12032 was replaced by a substitute
Ordinance No. 12032 per memorandum from the City Attorney dated April
24, 2001.]
12032
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference and
incorporate as if fully set forth in this Section.
Section N The Future Land Use Map of Ordinance
No. 10544, as am\amended
Miami Comprehensive Neighborhood Plan
1989-2000, is here by changing the land use designation
from "Office" tod Commercial" for the property located
at approximatelwest 15th Road, Miami, Florida, more
particularly desat portion of Lots 3 and 4, Block 97
South of MAP OFI SION (13-41), of the Public Records
of Miami -Dade County, Florida, ying West of the West line of the
Metro -Rail as shown on the "N TH CORRIDOR RIGHT-OF-WAY MAP"
(124-20), of the Public Records of Miami -Dade County, Florida.
Section 3. It is hereby foXnd that this Comprehensive
Plan designation change:
(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 1 units per acre
or involves other land use categor1 s, singularly
or in combination with residentia use, of 10
acres or less and does not, in comb'nation with
other changes during the last year, produce a
cumulative effect of having changed mo e than 60
acres through the use of "Small Scale De elopment"
procedures;
(c) Is one which involves property that has n been
the specific subject of a Compreh nsive
Neighborhood Plan change within the prior t elve
months;
(d) Is one which does not involve the same owneAs
property within 200 feet of the property that has
[Note: The original Ordinance 12032 was replaced by a substitute Ordinance
12032 per memorandum:: from the CitA At�o or ey4 dated April 24, 2001'.]
12032
been granted a Comprehensive Neighborhood Plan
change within the prior twelve months;
(e) \1and
roposed amendment does not involve a text
to goals, policies, and objectives of the
government's Comprehensive Neighborhood
but proposed a land use change to the future
se map for a site-specific development; and
(f) Is one \which is not located within an area of
critical tate concern.
Section 4. TPk City Manager is hereby directed to
instruct the Director of\after
partment of Planning and Zoning to
immediately transmit a d copy of this Ordinance and the
public notice published is adoption onsecond reading to:
the Secretary, Florida Departmknt of Community Affairs; the
Executive Director, South Floridk Regional Planning Council,
Hollywood, Florida; the Executive DXrector, South Florida Water
Management District, West Palm Beach, Florida; the Secretary,
Department of Transportation, Tallahas ee, Florida; and the
Executive Director, Department of EnviApnmental Protection,
Tallahassee, Florida.
Section 5. All ordinances or parts of okdinances insofar
as they are inconsistent or in conflict with the\ provisions of
this Ordinance are hereby repealed.
Section 6. If any section, part of section,aragraph,
clause, phrase, or word of this Ordinance is declared valid,
the remaining provisions of this Ordinance shall not be aff ted.
Section 7. This Ordinance shall become effective thirXv-
[Note: The original Ordinance 12032 was replaced by a substitute Ordinance
12032 per memorandum from the City Attorney dated April 24, 2001,]
Page 3 of 4 12032
•
•
o (31) days after second reading and adoption thereof pursuant
and s ject to §163.3187 (3) (c) , Fla. Stat. (2000) .11
PAS D ON FIRST READING BY TITLE ONLY this 22nd day of
February 2001.
PASSED AND ^
this 29th day of
PTED ON SECOND AND FINAL READING BY TITLE ONLY
ch , 2001.
JOE CAROLLO, MAYOR
In accordance with Miami Codd Sec. 2-36, since a "Mayor did not indicats eppr0VE!1 of
1i�`. t�.R},bra '.i..~ U`I�GP'C3,
thlf �� tcir�t:^vti by si ninlc1 !t in � :'✓
(., �}} ° r,s..�.i? C1'r. :.;!i'a dale t CO.
l/C:v4itIFL. :i:.. ,..1�Ye vi, lt�i
regar6n;,' ,arne, witl10JI, i;le May,
r
Walter J. F W1 Clerk
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROV,MeOOOA7 TO.erOORM AND CORRECTNESS e—
��J O VILARELLO
CIT ATTORNEY
q�f'k
974: MM:mea:BSS
[Note: The original Ordinance 12032 was repalced by a. -,substitute
Ordinance 12032 per memorandum from the City Attorney dated.:Apr.il
24, 2001.]
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 4 12032
•
PLANNING FACT SHEET
APPLICANT Judith A. Burke, Esq. for BVT Development Partners II, LLP.
HEARING DATE November 15, 2000.
PZ -9
SECOND READING
REQUEST/LOCATION Amendment to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan Map.
LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Office.
PETITION Consideration of amending Ordinance 10544, as amended, the
Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) by
amending the Future Land Use Map by changing the land use
designation for the property located at approximately 195 SW 15`"
Road from 'Office' to 'Restricted Commercial'.
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
Approval.
Please see attached analysis.
PLANNING ADVISORY BOARD Approval VOTE: 4-2
CITY,COMMISSION Passed First Reading on February 22, 2001.
APPLICATION NUMBER 2000-065 Item #3
CITY OF MIAMI - PLANNING DEPARTMENT
444 SW 2NO AVENUE, 3RD FLOOR a MIAMI, FLORIDA, 33130 PHONE (305)41r,-1400
Date: 11/5/00 Page 1
12032
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 195 SW 15th Road.
Application No. 00-23
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from "Office" to "Restricted
Commercial'. The subject property consists on a triangular parcel fronting SW 14th
Street, SW 15'h Road and the Rapid Transit right-of-way (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 property is currently
designated "Office"; to the north and southwest, the area is designated "Office"; to the
northeast and east, there is a "Restricted Commercial' designated area.
The "Office" designated areas allow residential uses to a maximum density equivalent to
"High Density Residential which is 150 dwelling units per acre, subject to the same
limiting conditions; transitory residential facilities such as hotels and motels; general
office use; clinics and laboratories, and limited commercial activities incidental to
principal activities in designated areas. Supporting facilities such as auditoriums,
libraries, convention facilities, places of worship, and primary and secondary schools may
be allowed with the "Office" designation.
The "Restricted Commercial" category accommodates 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. Residential
uses equivalent to High Density Multifamily Residential, up to 150 dwelling units per
acre, including hotels, are also permissible within this land use category. Commercial
uses include general retailing, personal and professional services; real estate; banking and
other financial services; restaurants; saloons and cafes; general entertainment facilities
and private clubs and recreation facilities whose scale and land use impacts are similar in
nature to those uses described above. Other permissible land uses include motels and
hotels; community based residential facilities; offices; major sports and exhibition or
entertainment facilities; places of worship and primary and secondary schools. Mixed -
uses containing commercial, office and/or residential are also permissible within this land
use designation.
- 12032
The Planning and Zoning Department is recommending APPROVAL of the
application as presented based . on the following findings:
• It. is found that immediately adjacent to the northeast and east there is an area '
designated "Restricted Commercial".
• It is found that the change to "Restricted Commercial" will represent an extension of
that category.
• It is found that the requested change to "Restricted Commercial" will increase the
possibility of the subject property being developed and enhanced in a manner, that
will directly benefit the adjacent area.
It is found that this application is supported by MCNP Objective LU -1.3 which
requires the City to encourage commercial development within existing commercial
areas.
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.
0 ' 0
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
Proposal No. 00-23 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
'Date: 10/27/00 WITHIN A TRANSPORTATION CORRIDOR
I AMENDMENT INFORMATION I CONCURRENCY ANALYSIS I
Applicant: BVT Development Partners, II, LLP
RECREATION AND OPEN SPACE
Address: 195 SW 15 Rd.
Population Increment, Residents
0
Space Requirement, acres
0.00
Boundary Streets: North: SW 14 St East SW 1 Ave.
Excess Capacity Before Change
182.80
South: SW 15 Rd. West
Excess Capacity After Change
182.80
Proposed Change: From: Office
Concurrency Checkoff
OK
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.03 acres @ 150 DU/acre
4 DU's
Population Increment, Residents
0
Peak Hour Person -Trip Generation, Residential
2
Transmission Requirement, gpd
0
Other 0 sq.fL@ 0 FAR
0 sq.ft
Excess Capacity Before Change
>2% above demand
Peak Hour Person -Trip Generation, Other
0
Excess Capacity After Change
>2% above demand
Concurrency Checkoff
OK
Proposed Designation, Maximum Land Use Intensity
Residential 0.03 acres t@ 150 DU/acre
4 DUs
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Germ.ation, Residential
2
Population Increment, Residents
0
Other 0 sq.ft@ 0 FAR
0 SOL
Transmission Requirement, gpd
0
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 Charge:
Concurrency Checkoff
WASA Permit Required
Population
0
STORM SEWER CAPACITY
Dwelling Units 0
Peak Hour Person -Trips
0
Exfiftrabon System Before Change
On-site
Exfiltration System After Change
On-site
Planning District
Brickell
Concurrency Checkoff
OK
County Wastewater Collection Zone
309
Drainage Subcatchme t Basin
K1
SOLID WASTE COLLECTION
Solid Waste Collection Route
Transportation Corridor Name
36
Bric kelt
Population Increment, Residents
Solid Waste Generation, tons/year
0
0
Excess Capacity Before Change
500
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
500
Concurrency Checkoff
OK
Land Use Policy 1.1.1
TRAFFIC CIRCULATION
CIE Policy 1.2.3
Population Increment, Residents
0
Peak -Hour Person -Trip Generation
0
LOS Before Change
B
LOS After Change
B
Concurrency Checkoff
OK
NOTES
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department (WASA).
Excess capacity, if any, is currently not known -
CM-1—IN 03/1
ASSUMPTIONS AND COMMENTS
Population inaernerrt is assumed to be ad new residents. Peak -period trip
generation is based on ITE Trip Generation. 5th Edition at 1.4 ppv average
oteupancy for private passenger vehicles. Transportation Corridor capacities and
LOS are from Table PT-2(RI). Transportation Corrklm report.
Potable water and wastewater trsnamission capaeMies aro In accordance with
Metro -Dade County stated - and are atwmed coo. Service
connections to water and sewer mains are assumed to be of adequate site. d not,
new connections am to be installed at owner's expense.
ReceamVOpen Space acreage mquirementa aro assumed with proposed
change made.
12032
RESOLUTION PAB -67-00
A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION
TO AMEND 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
195 SW 15THROAD FROM "OFFICE" TO "RESTRICTED COMMERCIAL".
HEARING DATE: November 15, 2000
ITEM NO.: 3
VOTE: 4-2
ATTEST:
An,C'relabert-Sanche ecfor
Planning and Zoning Department
12032
CITY OF MIAMI
OFFICE OF HEARING BOARDS
444 SW 2nd Avenue • Miami, Florida 33130 . 305-416-2030
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
0 0 - a 3
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.
THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE
ONLY THE FIRST SEVEN (T) DAYS OF THE MONTH. 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.
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 pian 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.
12032-
(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 pursuant to section 62-31 or if not simultaneous, the evaluation and
appraisal report shall containa schedule . for adoption � of the recommended
amendments within one year:
See aiso.Article 22 of the Zoning Ordinance.
2. Two original, surveys, prepared by a State of. Florida Registered Land Su* rveyor,within one
year from the date of application.
3. Surveys need to be stamped by the Office of Hearing Boards first and then signed by Public
Works, Zoning and Planning prior to submittal of 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 $ 300.00
Residential medium density multifamily .
Residential high density multifamily,. office,
major. public facilities, transportationlutilities
Commercial/restricted, commerciallgeneral and industrial
Commercial (CBD)
Surcharge for adverting each item
Public hearing and public meeting mail notice'fees,
including cost of handling and mailing per notice
7. This petition is proposed by:
$ 450.00
$ 550.00.,
$ 650.'00
$ 1,200.00
$ 1,200.00
$ 3.50
( ) Planning and Zoning Department
(X) Other (please specify): Judith A. Burke, Esq., on behalf of
BVT Development Partners,, II,
8. The subject property'is located at: 195 S.W. 15th Road, Miami, FL 33130
Folio number: 01-02-090701030
2 x.2032
AND MORE PARTICULARLY DESCRIBED AS: See Exhibit "A" attached hereto
and incorporated herein by
Lot(s) reference.
Block(s)
Subdivision
9. The undersigned being the owner or the representative of the owner, 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:
TO:
Of f ice
Commercial
10. Please supply a statement indicating why, you think the existing plan designation is
inappropriate:
See attached.
11. Please supply a statement justifying your request to change the plan to your requested plan
designation.
See attached.
12. What is the acreage of the property being requested for a change in plan designation?
.0296 Acres or 12,903.65 square feet
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? If yes,
has this other property been granted a change in plan designation within the last twelve
months?
15. Have you made a companion application for a change of zoning for the subject property
with the Office of -Hearing Boards? Yes
3 12032
16. Have you filed with the Office of Hearing Boards a(n):
• Owner's list form? Yes
• Affidavit of ownership? Yes
Disclosure of ownership form? Yes
List of ownersof property within 375 feet of the subject property?. Yes
If not, please supply them.
Sign..,,-�'.
Judith A Burke, Es
Name � . q
Shutts & Bowen LLP
Address 1500 Miami Center
201 S. Biscayne Boulevard
Miami, FL 33131
Telephone ( 305) 379-9146
Date October 2, 2000.
4
0 1 •
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 4
2000 by Judith A. Burke
known to me or who has produced
as identification and who did did not) take an oath.
(Stamp)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
day of October
who is personally
The foregoing instrument was acknowledged before me this
20 , by
a
behalf of the corporation. He/She is personally known to me or has
as identification and who did (did not) take an oath.
day of
Of
corporation, on
produced
(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
3 12032
AFFIDAVIT
Before me, the undersigned authority, this day, personally appeared
Judith A. Burke
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.
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 conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
Applicant's Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this `f" day of October
20 00 by Judith A. Burke who is personally
known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp) gig6at re
} �2'" .^J✓! : ire ::`„ %7 r r —
12032 .
OWNER'S LIST
Owner's Name
BVT
Develoorment Partners,
II, LLP
c/o
Judith A. Burke, Esq.,
Shutts & Bowen LLP
Mailing Address
201
S. Biscayne Blvd.
Zip Code 33131
Telephone Number
305-379-9187
Legal Description:
See
Exhibit "A" attached
hereto and incorporated herein
by
reference.
Owner's Name n / a
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Zip Code
Zip Code
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
n/ a
Street Address
Street Address
Legal Description
Legal Description
4 12032
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See Exhibit "A" attached hereto and incorporated herein
by reference.
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.
See Exhibit "B" attached hereto and incorporated herein by
reference.
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 375 feet of the subject real property.
n/a
4C.
Owner or Attorney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of October
.20QQ_,, by Judith A- Burke who is personally
known to me or who has produced
as identification and who did (did not) take an oath.
(Stamp)
12032
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lots 3 and 4, Block 97 South of "MAP OF MIAMI,"
according to the Plat thereof as recorded in Plat Book `B" at Page 41
of the Public Records of Miami -Dade County, Florida, lying West of
the West line of the Metro Rail as shown on the Plat. "North
Corridor Right -Of -Way Map" as recorded in Plat Book 124, at Page
20 of the Public Records of Miami -Dade County, Florida containing
12,903.65 square feet or .0296 Acres.
MIADOCS 369014.1 GMG
12.032
Exhibit `B"
Disclosure of Ownership
.National Partners, LP (owned by Harald von Scharfenberg)
Harald von Scharfenberg
Leopoldstrasse 7
D-80202 Munich
Germany
Ownership Percentage 62.5%
PFC Investment Company, LLC (owned by Frank Pridgen)
Frank Pridgen
c/o BVT Development Corporation
3350 Riverwood Parkway, Suite 1500
Atlanta, Georgia 30339
Ownership Percentage 37.5%
MIADOCS 371053.1 LXC
12032
IMAGE01 : FL -00-121207-2 09/01/2000 *:57am Page 1 of 2
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0OR236958 2000 MAY 18 09:29
DOCSTPDEE 7x400.00 SURTX 5P400.00
HRRVEY RWIN► CLERK DADE COUNTY► FL
WARRANTY DEED
THIS DOWURB, made this 17th day of May, 2000, between, BRICIELL ROADS
CORPORATION, a Florida coporation, whose post ofc a address is 1399&W. Fast Avenue, #400,
Miami, FL 33130 hereinafter called grantor, and BVT DEVELOPMENT PARTNERS 1I, L.L.P.,
a George limited tiabiflty partnership, whose post office address a 3350 %verwood Parkway, Suite
1500, Atlanta, GA 30339, hereinafter called grantee.
WITNESSETH, that the grantor, for and in consideration of the sum of ten dollars and other good
and valuable considerations paid to grantor by grantee, receipt whereof is hereby admowledged, has
granted, bargained and sold to the grantee and to the heirs, successors and assigns of the grantee, in fee
simple forever, all that certain Iand situated in Miami -Dade County. Florida:
That portion of Lots 3 and 4, Block 97 South, of"" OF MIAMI," according
tD the Plat tha wf as recorded m Plat Book'B" ad Page 41 of the Public Reocrds
of Miami -Dade County, Florida, lying West of the West line of the Metro Rail
as shown on the Plat "North Corridor Right -of -Way Map" as recorded in Plat
Book 124, at Page 20 of the Public Records of Miami -Dade County, Florida.
Folio No.: 01-02-090701030
SUsrMCT To:
1. Taxes for the current and subsequent years; and
2. Conditions, restrictions, easements, limitations,
reservations and zoning ordinances of record.
This kuwm art p uporad by Harvard R. scherUn. Esq. (HRSUB)
140WARD R SQ OFM. AnorrW st Law • 1399 S.w. Fb* Am=. 4th Rm. Word. FL 33130 slat. (305) 358.4=
12032
IMAGE01 : FL -00-121207-2 09/f
3:57am .
QFF I91 II; 1209
V. G
TOGETHER with all tenements, heraditaments and appmoemnoes thereto belonging or in anywise
TO HAVE AND TO HOLD, the same in fee simple forever.
AM the Cramor hereby coves with and Cusntee mat the Gator is lawfully seized of said
hmd in fee simple; that the Grantor has good right and lawful authority to selland conveysaid land; that
the Grantor hereby fully warrants the title to said land and will defend the same against the lawful
claims ofan paw= whomsoever; and that said land is froe of all ancambrances, except taxes accruing
subsequent to December 31, 1999.
IN WITNESS WHEREOF, the grantor bas executed this instrument on the day and year fust
above written.
In the presence of: BRICE ELL ROADS CORPORATION,
a Florida corporation
In i
By �� "'•
IL st
STATE OF FLORIDA
COUNTY OF MIAMI DADE
The foregoing insunment was acknowledged before me this . /7W- day of May, 2000 by
Howard R. Sdwlin as Preaidat of Brickell Roads Corporation, a Florida corporation, on behalf of the
corporation, who is personally known to me.
Notary Public, State ofFlori
My commission expires:
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Page 2 of 2
12032