HomeMy WebLinkAboutO-11883J-99-850
12/14/99 .118-8
ORDINANCE NO.
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 724 NORTHWEST 14 Tx
STREET, MIAMI, FLORIDA, FROM DUPLEX
RESIDENTIAL TO GENERAL 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
September 22, 1999, Item No. 2, following an advertised hearing,
adopted Resolution No. PAB 35-99, by a vote of six to three
(6-3), RECOMMENDING APPROVAL 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:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are hereby adopted by reference
ti
I
thereto and incorporated herein 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 Duplex Residential to General Commercial for the property
located at approximately 724 Northwest 14th Street, Miami,
Florida, more particularly described as Lot 16, less the west
79.00 feet thereof, Block 6, HIGHLAND PARK SUBDIVISION, as
recorded in Plat Book 2, Page 13, of the Public Records of Miami -
Dade County, Florida.
Section 3. It is hereby tound 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 Plan change within
Page 2 of 4 $ (�
the prior twelve months;
(d) is one which 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) the proposed amendment 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 hereby directed to
instruct the Director of the Planning Department 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
Page 3 of 4 11883
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-
one (31) days after second reading and adoption thereof pursuant
and subject to § 163.3187(3)(c), Fla. Stat. (Supp. 1998).1
PASSED ON FIRST READING BY TITLE ONLY this 14th day of
December , 1999.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of January , 2000.
JOE CAROLLO, MAYOR
1n accordance wilt, i` ;ami Code Sec. 2-33, since t"e Mayor cf d not indicate approval of
this legislation by signing it in the das':g ; atod p'ace provid. F , said iw:gislation now
becomes effective with the elapse of ten (10) days tern ii;,:, d-, An Cif Cr action
regarding same, without the mayor exerci*11g v
ATTEST:
Walter XZgWAottity Clerk
CORRECTNESS:
�i 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 _.. 11883
PLANNING FACT SHEET
PZ -4
SECOND READING
APPLICANT David Lederman, Esq.
HEARING DATE September 22, 1999.
REQUEST/LOCATION Amendment to 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 724 NW 14"'
Street from "Duplex Residential" to "General Commercial."
PLANNING
RECOMMENDATION Denial.
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval VOTE: 6-3
CITY COMMISSION Passed First Reading on December 14, 1999.
APPLICATION NUMBER 99-017 Item #2
.........................................................................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
09/17/99 ---------------------------------------- Page 111883
p1OOJ
•
•
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 724 NW 14th Street.
Application No. 99-9
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the _ Miami
Comprehensive Neighborhood Plan 1989-2000 from Duplex Residential to General
Commercial. The subject property consists of a 0.053 Lot 16, less the west 79.00 feet
thereof, Block 6 of HIGHLAND PARK SUBDIVISION (2 - 13).
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 Duplex Residential and the same designation is immediately to the north, west
and south; to the east, the designation is General Commercial.
The Duplex Residential land use category allows residential structure 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 required levels of service. Other permissible land uses include community-based
residential facilities (14 clients or less, not including drug, alcohol or correctional
rehabilitation facilities); places of worship, child care centers and adult day care centers
and primary and secondary schools are also permissible in suitable locations within this
land use designation.
The General Commercial designation allows all activities included in the "Office" and
the "Restricted Commercial" designations (with the exception of permanent living
facilities but including rescue missions), as well as wholesaling and distribution activities
that generally serve the needs of other businesses; generally require on and off loading
facilities; and benefit from close proximity to industrial areas. These commercial
activities include retailing of second hand items, automotive repair services, new and
used vehicle sales, parking lots and garages, heavy equipment sales and service, building
material sales and storage, wholesaling, warehousing, distribution and transport related
services, light manufacturing and assembly and other activities whose scale of operation
and land use impacts are similar to those uses described above. This category also allows
commercial marinas and living quarters on vessels for transients.
The Planning Department is recommending -denial of the application as presented
based on the following findings:
• It is found that the subject property consists of only one lot fronting NW 141'
Street,
with a Duplex Residential land use designation and it, is also found that the subject. -
property is immediately adjacent to an area designated General Commercial.
9 It is found that the subject property has access on,,NW 14" Street.
• It is found that in spite of the location of the subject, property-, adjacent to, a
commercial areathe current designation is Duplex Residential and this proposed
amendment is not consistent with the future residential land'use pattern established
for the area.
• It is found that a change such as the one proposed is in conflict with MCNP Land Use
Policy 1.1.3.. which requires that all areas of the City be protected from encroachment
of incompatible land uses.
• It is found that the requested change is also in conflict- with MCNP Housing Policies
1.1.5. and 1.2.7. which require the City. to preserve and
d enhance. the general
appearance and character of the City's neighborhood.
These findings support the position that the existing land use pattern inthisneighborhood
should remain unchanged.
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 be low minimum
levels.
2
Proposal No. 99-9
Date: 09/20/99
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant: Miami Telecommunications, Inc.
RECREATION AND OPEN SPACE
Address: 724 nw 14 St.
Population Increment, Residents
(25)
Space Requirement, acres
-0.03
Boundary Streets: North: East:
Excess Capacity Before Change
182.80
South: West:
Excess Capacity After Change
182,83
Proposed Change: From: Duplex Residential
Concurrency Checkoff
OK
To: General Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.53 acres 18 DU/acre 10 DU's
Population Increment, Residents
(25)
Peak Hour Person -Trip Generation, Residential
5
Transmission Requirement, gpd
(5,492)
Other sq.ft.@ 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 (See Note 2, below)
Residential 0.53 acres 0 DU/acre O DU's
SANITARY SEWER TRANSMISSION
Peak Hour Person -Trip Generation, Residential
0
Population Increment, Residents
(25)
Other 2300 sq.ft.@ 0 FAR
0 sq.ft.
Transmission Requirement, gpd
(4,536)
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
(25)
Dwelling Units
(10)
STORM SEWER CAPACITY
Peak Hour Person -Trips
-5
Exfiltration System Before Change
On-site
Exfiltration System After Change
On-site
Planning District
Civic Center
Concurrency Checkoff
OK
County Wastewater Collection Zone
322
Drainage Subcatchment Basin
G1
SOLID WASTE COLLECTION
Solid Waste Collection Route
17
Population Increment, Residents
(25)
Transportation Corridor Name
Civic Center
Solid Waste Generation,.tons/year
-31
Excess Capacity Before Change
500
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
531
Concurrency Checkoff
OK
Land Use Policy 1.1.1
CIE Policy 1.2.3
TRAFFIC CIRCULATION
Population Increment, Residents
(25)
Peak -Hour Person -Trip Generation
-5
LOS Before Change
A
LOS After Change
A
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
2. Land Use change is requested to allow property to be used solely as
access to adjoining parking lot. No structures are included in this analysis.
CM-1—IN 03/13/90
ASSUMPTIONS AND COMMENTS
Population increment is assumed to be all new residents. Peak -period trip
generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy
for private passenger vehicles. Transportation Corridor capacities and LOS are from
Table PT -2(R1), Transportation Corridors report.
Potable water and wastewater transmission capacities are in accordance with
Metro -Dade County stated capacities and are assumed correct. Service connections to
water and sewer mains are assumed to be of adequate size; if not, new connections
are to be installed at owner's expense.
Recreation/Open Space acreage requirements are assumed with proposed change
made.
RESOLUTION PAB -35-99
A RESOLUTION RECOMMENDING APPROVAL 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
724 NW 14'H STREET FROM "DUPLEX RESIDENTIAL" TO "GENERAL
COMMERCIAL".
HEARING DATE: September 22, 1999
ITEM NO. 2
VOTE: 6-3
ATTEST: l �
elabert-Sanchez, D64or
Planning Department
DUPLEX
RESIDENT
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AL.E) NDRC Y(LARELLO
City A -Corney
David Lederman
Shuns &Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131
7
of Afiami
August 25, l 999
Re: Tcle-Communicarons, Inc. - File No. A#99-110765
Dear Mr. Lederman;
ijGrl 4,16
To eccpie (303141 (--1 5G'
This letter confirms our telephone conversation of last wec:,; in which I advised
you that we provided copies of your August 2, 1999, letter and attacltraems thereto to
James J. Kay, Director of Public Works and Frank McMahon, Public Works Surveyor.
As we discussed, you should contact Public Works Department rewarding the platting
issues and Juan Gonzalez, Chief Zoning Inspector of Building and 'Luning Department. as
IA the building permit issues.
If you need additional information, please feel free to contact n,e.
Sincerely,
G. Miriam Maer
Assistant City Attomey
c: James J. Kay, Director, Public Words Department
Frank McMahon, Surveyor, Public Works Department
Mdb:WW1PSC1ctterLeder .mn.doc
OrFICE OF THE OYY ATTORN'EW444 S.W. 2nd Avenue, Suite 945/1v,id. 'i. Florida 33130-1910
P.0 E300 330.706
DONALD M. WARSHAW ms 2141 .* MIAMI FLORMA 22233 C -CE
CITY MANAGER IT, (30E) 4114'-1026
FAX 1306) 400-50-13
August 18,- 1999
Mr, David Lederman
Shutts & Bowen LLP
1500 Miami Center
201 South Biscayne Boulevard.
Miami, Florida 33131
Dear Mr. Leide-rinin:
RE: TELE -COMMUNICATIONS, INC. OF ML64MI (-TCI-) PLATTING ISSUES
RELATED TO APPLICATION TO AMEND THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN - EAST 46 FEET OF LOT 16, BLOCK 6 OF.
HIGHLAND PARK, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 2, AT PAGE 13 OF THE PUBLIC RECORDS, OF MIAMI.
DADE COUNTY, FLORIDA (THE "PROPERTY-)
I have received your inquiry concerning the division of the platted lot referenced, above
and have made the following determination.
According to the warranty deed you have provided, the City of Miami recognized the
division of the east forty-six (46) feet of lot 16, Block 6 of HIGHLAND PARK
(PB2,, PG. 13) on September 24, 1946.. Since this warranty deed predates the platting
exception date, contained in Section 55.10 of the City of Miami Code, the City of Miami
has recognized the division of lot 16 and replatting of this parcel is not required. A
building permit may be issued on the east forty-six (46) feet of lot 16.
If you have any questions concerning this matter, please call Mr. Leonard Helmers, P.E.,
Chief Civil Engineer, at 305-4116-1221.
cemiy-1
ere'y'
acnes J. IK"Ay9.P4.
IJK/LJH/gc
c: Miriam Maer, Assistant City Attorney
Frank McMahon, City Surveyor
SHUTTS & B OWEN LLP
ATTORNEYS AND COUNSELLORS AT LAW
(A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS)
DAVID P. LEDERMAN
DIRECT LINE: (305) 347-7377
E-SIA1L: DLEDERMANL:SHIJ=S-LAW.COM
G. Miriam Maer, Esq.
Assistant City Attorney
City of Miami
44 SW 2n6 Ave., 3`d Floor
Miami, Florida' 3130
1500 MIAMI CENTER
201 SOUTH BISCAYNE BOULEVARD
MIAMI. FLORIDA 33131
MIAMI (305) 358-6300
BROWARD (954)467-8841
FACSIMILE (305) 381-9982
August 2, 1999
RE: Tele-Connnunications, Inc. of Miami ("TCI') - Platting Issues Related to Application
to An:end the Miami Comprehensive Neighborhood Plan - East 46 Feet of Lot 16,
Block 6 ofHIGHLAND PARK, according to the Plat thereof, recorded in Plat Book 2,
at Page 13 of the Public Records of Miami -Dade County, Florida (the "Propertl-')
Dear Ms. Maer:
This firm represents TCI in its application to amend the Miami Comprehensive
Neighborhood Plan (the "Plan") designation for the Property from "Duplex Residential" to
"General Commercial." TCI seeks this land use amendment to allow access to a proposed
parking lot spanning lots 11 through 15, and a portion. of lots 9, 10 and 16 (collectively, the
"Adjacent Property") as shown on Exhibit "A". The Adjacent Property, also owned by TCI, is
zoned R-2 with an SD -12 overlay district. As you know, the SD -12 overlay district encourages
development such as parking lots which act as buffer areas between neighboring commercial and
residential areas.
On May 7, 1999, TCI filed an application to amend the Plan. Following an initial review
of the application by the City's Office of Hearing Boards, Ms. Teresita Fernandez informed TCI
that the application could not be scheduled before the City's Planning Advisory Board until the
Property is re -platted. It is my understanding that TCI is being asked to i -e -plat the Property
because the Adjacent Property will be utilized as a parking.lot and the Property will serve the
Adjacent Property as an access road. TCI believes a re -plat is not required.
The City determined that an application to amend the Property's land use designation,
and ultimately utilize the Adjacent Property as a parking lot, requires the City's Public Works
Department to approve a new plat. Additionally, City officials stated that no building permits for
the parking lot may be issued prior to re -platting the Property. This letter will provide ample
evidence, however, that an amendment of the Property's land use designation and the City's
issuance of permits required for a parking lot do nottrigger a requirement to. re -plat.
AMSTERDAM FORT LAUDERDALE LONDON' MIAMI ORLANDO TALLAHASSEE WEST PALM REACH
C
G. Miriam Maer, Esq.
August 2, 1999 .
Page 2
No Replat of the Property is Required. On January 9, 1911, the Highland Park Company-
re-subdivided
ompanyre-subdivided "Golf Links Addition to the City of Miami", previously recorded in Plat Book. 1.
Page 6 of the Public Records of Dade County, Florida to create "Highland Park", according to
the plat recorded in Plat Book 2, at Page 13 of the Public Records of Miami -Dade County,
Florida. Following several conveyances of Lot 16 in 1928 and 1933, on April 12, 1946 Mr. and
Mrs. Bess (the owners at that time) conveyed the western 79 feet of Lot 16. On September 25,
1946, Mr. and Mrs. Bess conveyed the eastern 46 feet of Lot 16 to another party.
The earliest photographs available from the .City's microfilm records (See Exhibit 'B")
plainly show the Property and the western 79 feet of Lot 16 as two distinct and separate uses.
The Property was the site of a single-family home (as shown in slide 880-22) while the western
79 feet of Lot 16 was the site of a local curbside restaurant (as shown in slide 880-23). Clearly,
-prior to the conveyances in 1946, Lot 16 was already.being utilized as two individual parcels, of
land serving separate uses.,
Section 55.4 of the City of Miami Code (the "Code") provides "whenever land within the
corporate limits of the city is' divided or subdivided,' a plat must be recorded." The City adopted
the initial Ordinance placing a platting requirement on land in 1980. The division of Lot 16,
which created the Property and its western counterpart, occurred in 1946. Thus, the Property and
its division appear to be "grandfathered," thereby rendering the requirements of Section 55-4
inapplicable -to ICI's Property. As'a result, no replat of the Property is,required.
The Citv Mav Issue a Building Permit for the Parking Lot. Section 55-10(e) of the Codei
allows the issuance of building permits for properties divided prior to September 25, 1946 as
follows:
A building permit may be issued for construction of a building (other than a one -family
detached dwelling and customary accessory building),.structure, or,parking lot on a lot-
or lots, of record that has been divided into separate parcels, if proof is submitted that
said division was described by deed prior to September 25, 1946....
The owners of Lot 16 conveyed the western 79 feet in April of 1946 (See Exhibit "C").
Division of Lot 16 occurred in April of 1946 (prior to the September 25, .1946 deadline).
At the time of conveyance or soon thereafter, the western portion was utilized for a separate, .-
independent and commercial use. The eastern portion of Lot 16,, the site of a single-family
home, was described by deed on September 24, 1946 (also prior to the September 25, 1946
.deadline) (See Exhibit "D"). ,
The enclosed Plat, microfilmed photographs, Deed and Deed search results provide
overwhelming proof that the division of Lot 16 occurred prior to September. 25, 1946. Therefore,
pursuant to.Section 55-10(e) of the Code, the City may issue a building permit for the proposed
parking lot on the Property without requiring.platting.
'SHUTTS & BOWEN LLP 11500 MIAMI CENTER-! 201 SOUTH BISCAYNE BOULEVARD / MIAMI. FLORIDA 33131 / (305) 358-6300
•
G. Miriam Maer, Esq.
August 2, 1999
Page 3
Request for Written Confirmation. TCI respectfully requests your written confirmation
that the Property is not required to undergo plat, waiver of plat, or re -platting approval for am•
reason. Furthermore, TCI respectfully requests the City's assurance that building permits (for a
parking lot) may be issued to TCI in connection with its application to amend the Plan and its
related application to permit a parking lot within the SD -12 overlay district.
Please call me at (305) 347-7377 to discuss these matters. Your immediate attention is
greatly appreciated. Thank you.
Very truly yours,
David Lede
cc: Ms. Teresita Fernandez, City of Miami Office of Hearing Boards
Mr. Len Helmers, City of Miami Public Works Department
Ms. Bonnie Lopez
Mark Stephens, Esq.
Bowman Brown, Esq.
Jean -Charles Dibbs, Esq.
Judith A. Burke, Esq.
MIADOCS 101541.1 DPL
SHUTTS & BOWEN LLP / 1500 MIAMI CENTER / 201 SOUTH BISCAYNE BOULEVARD / MIAMI. FLORIDA 33131 / (305) 358-6300
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May 7, 1999
Ms. Teresa Fernandez
Office of Hearing Boards
City of Miami
444 S.W. 2nd Avenue
7th Floor
Miami, Florida 33131
RE: Request for Rezoning and Application to Amend the Miami Comprehensive
Neighborhood Plan to Permit Access for Proposed Parking lot on a portion of
one the lots along the East Side of N.W. 7th Court Between N.W. 13th Street and
N.W. 14th Street in Miami, Florida (the "Property")
Dear Teresa:
This firm represents TCI TKR of Miami ("TCI"), the owner of the Property. The Property
is currently undeveloped and located within the R-2 (Two -Family Residential) zoning district and
is subject to an SD -12 (Special Buffer Overlay District) district overlay. The Property is separated
by an intervening alley from TCI's cable television transmission facilities and offices located to the
immediate east.
TCI wishes to develop and operate a parking lot on the Property to serve its customers and
employees using TCI's offices to the immediate east. TCI proposes to landscape, pave and grade
the Property for parking lot purposes. Moreover, TCI will provide ample storm water drainage on
the Property. TCI's proposed site plan, drainage and landscaping will provide a safer, cleaner and
more aesthetically pleasing parking area for TCI's customers and employees. Additionally, the
proposed improvements will enhance an area within the City of Miami that currently suffers from
neglect.
Bac ound. Customers of TCI currently use the Property as an ad hoc unpaved parking lot
to access TCI's offices. Periodically, vehicles entering and exiting the Property cause loose dirt to
il it
AMSTERDAM FORT LAUDERDALE LONDON MIAMI ORLANDO TALLAHASSCE I WEST PALM REACH
Ms. -Teresa Fernandez
May 7, 1999
Page 2
travel across the Property and into the adjacent roadway and vacant lots. The proper paving and
grading of the Property will prevent this from occurring. Additionally. on paved portions of the
Property, potholes. in the asphalt create drainage and traffic problems for visitors.
SD -12 Overlay D's ri . Section 612 of the City of Miami Zoning Code states that the SD- l
district "is intended to create buffer areas between residential and nonresidential districts ... where'a
residential lot -shares a common lot line with (or is separated only by an intervening alley) certain
commercial... lots, such residential lots are eligible for SD -12 classifications." In accordance «:ith
Section 612, the Property may be developed with a parking lot in combination with adjoining
commercial lots to allow greater flexibility in the development of the land.
Special Limitations. As required, the Property and the adjacent nonresidential lots are under
common ownership.. TCI owns both the Property and the nonresidential lots. The nonresidential
lot meets the minimum 100 feet lot width requirement and shares a common lot line (separated only
by an intervening alley) for at least 80 percent of its width -with the SD42 lot. To minimize traffic
impacts to the neighboring residential community, the, Property's proposed site plan .prohibits
vehicular access to or from,the residential area to the west. The proposed landscaping plan complies
with Section 612 landscape buffer requirements (20 -foot landscape buffer for first 20 feet) and ICI's
site plan proposes a six-foot high wall to be constructed 20 feet from the front property line and 5'
feet from side property lines. The proposed wall, landscaping and setbacks will serve as an effective
buffer to the nearby residential area. TCI's offices and proposed parking lot are strategically located
to serve as a buffer between the residential area to the west and more intense uses to the east
including Biscayne Chemical's Cleaning and Maintenance Supply warehouses and numerous paint
and auto body shops located along the west side of N.W. 7th Avenue.
No Variances. Upon submittal of its Special Exception application, TCI will request no
variances from provisions of Section 612. ICI's proposed site plan complies with the minimum lot
size (10,000 square feet), minimum.lot width (100 feet), setback (Front - 20 feet, Side - 5 feet, Rear -
20 feet) and green space requirements (minimum of .30 times lot area) of Section 612.
Small Parcel_ Rezoning. The SD -12 Overlay District requires TCI to construct a 6 -foot high
concrete wall surrounding the proposed parking lot. As a result, access to TCI.'s offices would be,
limited to an existing one-way 10 ft. alleyway bisecting TCI's Property. Access via the alleyway
would not comply with. Section 908.2 of the City's Code which requires a minimum 25 ft. access
way serving uses requiring ten (10) or more off-street parking spaces. -Thus, TCI is proposing to
rezone a small portion.of its Property (merely 2,300 square feet in size) from R-2 to C-2 to permit
vehicular access on the property abutting northwest 14thStreet. The parcel is located on the
northern portion of TCI's Property and away from residential properties to the west and south.
Customers or employees seeking access to TCI's parking lot will be routed away, from residential
SHUTTS & BOWEN LLP '1,500 MIAMI CF\TER -201 I OL Ili BISCAYNE BOL'LCV .RD l MIAMI. l LOKIDA :;::1:.7 / C1,07035:, G:1,.00
0 - 0
Ms. Teresa Fernandez
May 7, 1999
Page 3
properties. Additionally, exiting customers will utilize the proposed access way by making a right
hand turn onto northwest 14th Street. Approval of these requests will further two City of Miami
Planning Department policies: (i) limiting commercial -related vehicular traffic through residential
areas and (ii) providing safe accessways for properties serving commercial uses.
Small Scale Amendment to City of Miami Comprehensive Neibhborhood Plan. TCI
respectfully requests approval of a small-scale amendment to the City of Miami Comprehensive
Neighborhood Plan. If approved, the approximately 2,300 square foot portion of the Property will
be changed from "Duplex Residential" to "General Commercial". While the current residential
designation permits a maximum density of 18 dwelling units per acre, the parcel's small size coupled
with City of Miami setback restrictions render any residential development on the parcel
impracticable. Moreover, since the "Duplex Residential" designation excludes parking uses, an
amendment to "General Commercial" will permit the access way from N.W. 14th Street to the
proposed parking lot.
Objective LU -1.2 of the City of Miami Comprehensive Neighborhood Plan (the "Plan")
"promotes the development and revitalization of blighted, declining or threatened residential ,
commercial and industrial areas." Policy LU -1.2.1 of the Plan defines"blighted neighborhoods" as
areas characterized by the prevalence of older structures with major deficiencies and deterioration,
high residential vacancies, widespread abandonment of property, litter and poor maintenance of real
property. The residential area located to the west of the Property is characterized by vacant lots,
abandoned apartment buildings, littered vacant and occupied lots, and oftentimes farm animals (i.e.
roosters) roam the nearby side streets.
If approved, TCI's entranceway and parking lot will support City Objectives and Policies
geared toward improving blighted areas in need of revitalization. TCI's proposed parking lot will
include significant landscaping and a concrete wall to buffer impacts from nearby residential areas,
provide safe access to customers while avoiding traffic through the adjacent neighborhood, and may
act as a catalyst for other commercial and residential re -investment in the immediate area.
Summar) . TCI wishes to improve its vacant unimproved lots with a fully landscaped and
buffered parking lot. Surface parking is permitted to serve the abutting district by Special Exception
only with City Commission approval. TCI respectfully requests a favorable recommendation for
the Rezoning and Comprehensive Neighborhood Plan Amendment to provide access for a proposed
landscaped parking lot.
SHUTTS & BOWEN LLP / 1500 MIAMI CENTF_n /'_01 SOUTH BISCAYNE BOULEVARD / MIAMI. FLORIDA 33131 / (305) 358 6300
Ms. Teresa Fernandez
May 7, 1999
Page 4
If you have any questions regarding this matter please call me at (305) 347-7377. Thank you
for'yqur consideration of these requests.
S. el
- Da ' ederman
cc: Ms. Maria Faria
Ms. Bonnie Lopez
Mark Hayes,'Esq.
Bowman Brown, Esq.
Jean -Charles Dibbs; Esq.
Judith A. Burke, Esq.
MIA98 22179.1 - DPL
SHUTTS & BOWEN LLP J 150.0 MIAMI CENTER 1201 SOUTH BISCAYNE BOULEVARD/ MIAMI, FLORIDA 33131/(305) 358-6300
CITY OF MIAN41
OFFICE OF HEARING BOARDS
f
APPLICATION TO AMEND THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
rrt#trtrtrtrtartra#.#t#rtrtpp#w:¢4i#i#aala#r###i#d##awwrtt#t#srtw#s#aw####st;d»rt#rr###s►rt#awrtwaartr##sena#
SECTION 2.653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQliIRES
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDliCTING
LOBBYING ACTIVITIES TO REGISTER ASA LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING lit
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. .
rtrt#tasaaartttrtes#fartrr##tsrta#artra#i#ti##•#a#r#s1a#spa#rt#s#s#i##rtiartratw#4##dpi#aa#res#atssrara#
NOTE: THIS APPLICATION ATUST BE TYPEWRITTEN AND SIGNED IN BLACK INW.
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 building and zoning department shall prepare an
evaluation and appraisal report for the planning advisory board which shall evaluate tate
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 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.
11883
Fee of S to apply toward the cost of processing, according to Section 62-156 of the Zoning
Ordinance:
Conservation, recreation, residential single-family duplex ...................... S 360-00
Residential medium density multifimily.:.................................................. S 450.00
Residential, high density multifamily, office,
major public facilities, transportation/utilities .................................:........S 550.00
Commercial/restricted, commercial/general and industrial, ..................... $ 650-00
Commercial(CBD) .................... 1.7 ........... I ................................................ $1,200.00
Surcharge for adverting each item ................................:...............:..........S 1,200.00
Public hearing mail notice fees, iacludingcost of
handling and mailing per notice ............. ......... .......................................
This, petition .,s proposed by_
City commission
Building and Zoning Department
Zoning Board
(X) Other (Please specify): TCI -'Miami Telecommunications, Inc.
C/O David Lederman,'Shutts & Bowen, LLP
201 S. Biscayne Blvd., Suite 1600, Miami, FL 33131
The subject property is located at, 724 NltT 14 Street
Folio number 013135019118'0
ANDINIORE PARTICULARLY, DESCRIBED AS:
Lots) .See Exhibit "A"
B lock(s)
Subdivision
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: DuIZIeX Resiei,-nti 1--
18 83
•
TO: General Commercial
•
Please supply a statement indicating why you think the existing plan designation is inappropriate:
The current plan designation does not permit access to a parking lot serving a commercial use.
Please supply a statement justifying your request to change the plan to your requested plan designation.
This request is being filed in connection with a rezoning application from R -Z and SD -12 to C-2
to permit access to a parking lot. Approval of this change will enable TCI to comply with
Section 908.2 and its 20 -foot minimum access requirement for parking lots with ten or more
offstreet parking spaces serving a commercial use. Moreover, the change will promote the
City's policy of prohibiting commercial ingress and egress through a residential area.
What is the acreage of the property being requested for a change in plan designation?
Lot size =_ 46 ft. x 50 ft. = 2.300 sq. ft — 053 acres
Has the designation of this property been changed in the last year NO
Do you own any other property within 200 feet of the subject property? YFS If yes, has this other
property been granted a change in plan designation within the last twelve months? NO
Have you made a companion application for a change of zoning for the subject property with the Planning
and Zoning Boards Administration Department? YES
Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of Ownership`?
YES_ List of owners of property within 375 feet of the subject property? YES Disclosure of
.ownership form? _ Yom_• If not, please supply them.
Signature
Name David Lederman
Shutts & Bowen, ,LLP
Address- 201 South Biscayne Blvd" Suite 1600
Miami- Florida 33131
Telephone (305) 347-7377
XDate jam/ 2 q / 99
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foreg ' instrument w ac wl ged before me this Z day of 7- —
19 9q , by �� ham( �,-• who is ersonally own to me or who has
produced as identification an
who i not) take an oath.
My Commission ExplZA"c'AISGION �"'' -B. 271 r1
#***#**#***A#AA*AAA�AAAAAAtiAitttA**tri*tiRAAAAAtiAiAA4AAtttirttr***rrA*#Ats!#####AAAAidAiiA##ttr#
t
STATE OF FLORIDA
COUNTY OF MIAMI-DA,DE
The foregoing insttvment was acknowledged before nae this day of
19 , 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
+t#t#tA#t##ttAtttttttitArtR*tArAt#AAAtttAAtitti#rrkt**#t#k##A#tAtttAAtAAAtlAt4tii*pxtftR/t*tt/kRA#AA##
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
19 , 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
e
N
OF11C11,L OTARYSU:L
Notary Public -State
Flptid; -::
;,;' ;T�._ .'
Commission No.:
( Co\.�:F.-:;§X::-:i_!.
My Commission ExplZA"c'AISGION �"'' -B. 271 r1
#***#**#***A#AA*AAA�AAAAAAtiAitttA**tri*tiRAAAAAtiAiAA4AAtttirttr***rrA*#Ats!#####AAAAidAiiA##ttr#
t
STATE OF FLORIDA
COUNTY OF MIAMI-DA,DE
The foregoing insttvment was acknowledged before nae this day of
19 , 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
+t#t#tA#t##ttAtttttttitArtR*tArAt#AAAtttAAtitti#rrkt**#t#k##A#tAtttAAtAAAtlAt4tii*pxtftR/t*tt/kRA#AA##
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
19 , 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.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
e
AFFIDAVIT
STATE OF FLORIDA
} SS�
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally, appeared David Lederman
who being by me first duly sworn,'upon oath, deposes and says:
I . That he/she is the owner, or the legal representative of the ownerl submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real -property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. .That all owners which he/she represents, if any, have given their full and complete permission for him)ber to acs
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in tiie'
accompanying petition. ;
3. That the pages attached hereto 'and 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.
STATE OF FLORIDA
COUNTY OF MIAMI- DADE'
The foregotna instrument -vas kn>yjedged before me this �l day of
19 ` by OL-�.c� CQ "I C_1
�---of
a corporate n, on behalf of the corporation.
He/She 4-Ve—r—sonally kno or has produced as identification
and who* not) take an oath.
N 1c'i'A rte' 'F� . • .._ _ s _ ;�. .5
Notary Public -State of Florida MY co n�,;,t�;�.� �� �.- ^1. SS 3
Commission No.:
My Commission.Expires:
•
OWNER'S LIST
Owner's Ilame Miami Tele—Communications, Inc.
I]
Mailing Address 1306 NW 7 Ave., Miami, Florida . Zip Code 33136
Telephone Number !3051 325-1370
Legal Description: See Exhibit "A" (Lot to be rezoned)
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
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
1398 NW 7 Avenue
Street Address
Legal Descaiption
See Exhibit "B"
Legal Description
Street Address Legal Description
11883
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
SEE EXHIBIT "A"
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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 "C"
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.
SEE EXHIBIT "B"
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
19 The fboregg instrument was}ackngwledged before me this I day of
y ,jam �C,��t rno�-i —ef- 64#7
a corporation, on behalf of the corporation.
HefSh &rspersonally kno=Ztl
or has produced as.identification
and wot) take
Notary Public -State of F oridaOFFA`
_
Commission No : NOTARY;'uT"
My Commission Expire Ca�cvtIvt.r a' r�n;.„
_ J. BONFILL &
i ASSOCIATES INC
ArhitoMc
_91—
CO-
-9-
X. __
__.
9-
N"
N
O -
Lona rlanne,Y
Developers
Ifegistered
Land Sur vevors
State of Flornd—c
11
SKETCH AND LEGAL DESCRIPTION
EXHIBIT " A"'
LEGAL DESCRIPTION:
Lot 16, less the West 79.00 feet thereof, Block 6, of 'HIGHLAND PARK", according to the plat
thereof as recorded in Plat Book 2, at Page 13 of the Public Records of Miami -Dade County,
Florida, lying and being in Section 35, Township 53 South, Range 41 East, City of Miami, Miami -
Dade County, Florida; Containing 2,300 Square Feet more or less.
SURVEYOR'S NOTES:
- This is not a Boundary Survey but only a Graphic Depiction of the Description shown hereon.
North arrow direction shown hereon is based on recorded Plat Book 2, Page 13, of the Public
Records of Miami -Dade County, Florida.
- Bearings shown hereon are based on an assumed value of N 870 56' 41' W along the Center
line of NW. 14" Street
Not valid without the signature and the original raised seal of a Florida Licensed Surveyor
and Mapper, additions or deletions to survey maps or reports by other than the signing party
or parties is prohibit without written consent of the signing party or parties.
SURVEYOR'S CERTIFICATE:
The undersigned, a Professional Surveyor and Mapper authorized to practice under the laws of
the State of Florida, hereby certify that: the sketch as shown hereon represents a Sketch and
Legal Description made under my direct supervision in compliance with the Minimum Technical
Standards for Land Surveys in the State of Florida, pursuant to Chapter 61G17-6 Florida
Administrative Code.
J. BONFILL & ASSOCIATES INC.
djo:= z.
JUAN ONFILL, ViC_ President.
Professionel Su; veyor and. Mapper # 3179
State of Florida.
CD
Date: May 4, 1999
Job No. 99-0359
o' 99.035%k&1eg.doc
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9360 S.W 72nd Street
Suite 265
MOM,. F101100
33173
(305) 598.8383
FAX. (305) 598.0023
PAGE 1 OF 2
EXHIBIT "B"
All of the following described lands in Block 6,- HIGHLAND PARK, according to the Plat thereof
recorded in Plat Book 2 at Page 13 of the Public Records of Miami -Dade County, Florida, to wit
The West 76.5 feet of lot 9, LESS AND EXCEPT the East 3.20 feet of the North 26.5 feet thereof.
Also- the West 72.9 feet of Lot 10 and
Also- all of Lots 11 through 15, both inclusive.
LESS the West 5.00 feet of Lots 9 thru 15 inclusive, and less the South 5.00 feet of said lot 9 for
roadway purpose.
ALSO ALL OF THE FOREGOING SUBJECT TO any dedication, limitations, restrictions
reservations or easements of record.
All of the above lying and being in the City of Miami, Miami -Dade County, Florida.
E
THE PROPERTY LOCATED AT 1306 N.W. 7"' AVENUE, MIAMI, FLORIDA 33130, AND BEING
MORE PARTICULARLY DESCRIBED AS:
ALL OF THE FOLLOWING DESCRIBED LANDS IN BLOCK 6, 'HIGHLAND PARK'
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TO WIT:
LOTS 1 AND 2 EXCEPTING THEREFROM THE EAST 17.5 FEET AND ALSO EXTERNAL
AREA FORMED BY A 50 FOOT RADIUS ARC CONCAVE TO THE SOUTHWEST, TANGENT
TO THE. NORTH WITH THE NORTH BOUNDARY OF SAID LOT 1 AND TANGENT TO THE
EAST WITH A LINE THAT IS PARALLEL TO AND 17.5 FEET WESTERLY OF, AS MEASURED
AT RIGHT ANGLE TO THE EAST BOUNDARY OF SAID LOTS 1 AND 2, SAID EXCEPTIONS
IN ACCORDANCE WITH THE STATE OF FLORIDA -DEPARTMENT -RIGHT-OF-WAY MAP FOR
NORTHWEST 14T".STREET AS RECORDED IN PLAT BOOK 101 AT PAGE 14, SHEET 4 OF 5
SHEETS, OF THE PUBLIC RECORDS OF MIAMI-.DADE COUNTY, FLORIDA.,
ALSO LOTS 3, 4, 5, 6, 7 AND 8, LESS AND EXCEPT THE EAST 17.50 FEET THEREOF AND
LESS THE SOUTH 5.00 FEET OF SAID LOT 8 FOR ROAD WAY PURPOSES.
ALL OF THE FOREGOING SUBJECT TO ANY DEDICATIONS, LIMITATIONS, RESTRICTIONS,
RESERVATION OR EASEMENTS OF RECORD.
ALL OF THE ABOVE LYING AND BEING IN THE CITY OF MIAMI-DADE COUNTY, FLORIDA.
4 � w
�3
EXHIBIT "C"
MIAMI TELE -COMMUNICATIONS, INC.
j AT&T Corp.'
100% Voting Common Stock
Tele-Communications, Inc.
89.792% Voting Common Stock
TCI Holdings, Inc. -
100% Voting Common Stock
TCI Southeast, Inc. "°
100% Voting Common Stock
TCI Cablevision of Florida, Inc.
100% Voting Common Stock
Miami Tele-Communications, Inc.
`AT&T Corp. is a corporation whose stock is publically traded on the New York Stock Exchange. IT
has more than 1,000 shareholders.
" The remaining percentage of TCI Holdings, Inc. is indirectly owned 100% by Tele-
Communications, Inc. and is directly owned as follows:
•1.528% by TCI Cable Investments, LLC
•.174% by TO Cablevision Associates, Inc.
•6.937% by TCI Development, LLC
• 1.476% by Liberty of Greenwich, Inc..
• .093% by Liberty Capital Corp.
The non-voting common stock and the preferred stock is held by TCI TKR of Wyoming, Inc.,
which is indirectly wholly owned by Tele-Communications, Inc.
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1983 MAY -6 '20 83R 1 1 759 1
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4.
PLC 1 i PG
This 'Narrantueed Made the z2 -r w day of April',' , A. -D. J9 83 b,
Charles C. He nowski, individurlly and.as Trustee
hereinafter called the grantor, to Americable of Greater Miami, Ltd., a Florida
limited partnership and Miami -Tele-Communications, Inc.
o corporation existing ander the Laws of the Stale of. Florida with its permanent postofficr
add.esa at P. O. Box 859; Miami, Florida 33197
hereinafter called the grantee:
twin...., a.d Lnri. t►e se,ls, ••r.!.«^ .tad ••e.,..a•• i.cl.& .a UK Partin s. t►i, hurls.....d
,hs ►ein, total ,apac.www "d'aawaw •( iadi•.daab. .ad tor. seaman ..d .1 cwv--. )
'MUSSA: That the grantor, for and in consideration of the stun of S 100.00 and other
valuable considerations• receipt whereof is hereby acknowledged. hereby grant,. bargains, sells. aliens. re-
mim. rslaases. convoys and confirms unto 16 grantee, all that certain land situate in Dade
County. Fbrfda.AW , said property being more particularly described
in Exhibit "A" attached hereto and by reference made a part hereof,
the title to the property being described in Exhibit "A" being
subject to those matters set forth in Exhibit "Bet attached hereto
and by reference made a part hereof.
Grantor represents that the property described in Exhibit "A" is
not the homestead property of Grantor.
* NO STAIJrS HAVE BEEN AFFIXED AND. NO CONSIDERATION:: -r.=
IS BEING PAID FOR THE CONVEYANCE TO GRAl *
.d.
'%gather with all the tenements, herach appurtenances themlo . belonging or in any-
wise N
appertaining. 71t
10 %Of And L1 NOW, the name in fat aimple forever.
IUlll the grantor hereby cooenunes mith said gram:. that the prontar v Iawl -seized of said bad
in fee Simple, that the grantor has good right and lawful authority to sell and convey said i,andc that the
granter hereby fully tuarrants the title to said land and will defend the same agasr f t6 lawful claims of
all persons whomsoever: and that said land is free of all encumbrances. except taxes accruing subaequwd
to December 31. 19 82 •
C. s ----isaaiiaoMtaaw
ow e.w„
c .sy
In IORnm Whereof, the said grantor has hereunto sot hand and
first above unifiert.
Signed, sealed and delfaered in our presence:
SPATE OF Fldmwr /vr", Yo
COUNTY of j -AM-W fD 1{
�A"l =
d
7— -]
Cha't�e�f C. Hermanowskl,
-•.--indizriduall}..asul•.as...Tsuste� .:
I HEREBY CERTIFY that on this day, before moa, as
officer dull authorised in the State aforesaid and in the County aforesaid to take acknowled8tnents, personally appeared
Charles C. Hermanowski, individually and as Trustee
to me ki wwa . so. be the person described in and who executed the' foregaing inatrumeat and he ackm.ledsed
.;;Jb Syme:ahatt`executed the same.
W0 rl s( ESS my hand and official seal in the County and State Last aforesaid this rt AA17Y SeC"AJti day of
NOTARY, CUlIUG Store of Naw Yat?
'yam
.Residing
4
in kings Caw,
)Gngs Carney CA No. 24.46883
ary Public, State of mer
. ,..: -
Cen;fitais riled in
Co. Ctk's
at Large
{•""' .a New Yak
Math 30, 1986
/
�.y Pleas
EXHIBIT A
Peal Property Description:
The property''located.at'1306 N.W. 7th Avenue,
Miami, Fl6rida'.33130,1.and being more.particularly
described as:
All of the following described lands in Block 6, HIGHLAND.
PARR, according to the Plat thereof recorded in Plat Book 2
at Page 13 of the Public Records of Dade County, Florida,
to -wit: '• �JJ c..' ' is
Lots Land 2 EXCEPTING THEREFROM the..East 17.5 feet and also
.EXCEPTING. that, part of said Lots which lies. within ,the
external area - formed .by a 50.00 foot -'radius are concave to
the Southwest; tangent to the'North with the North boundary -
of said Lot 1 and tangent to the East with a line that is
parallel to and 17.5 feet Westerly of, as measured at right
angle to, the East boundary of said Lots.'a "sand 2' -'said
exceptions in accordance with STATE OF -,FLORIDA -DEPARTMENT -
RIGHT -OF -WAY MAP- for. NORTHWEST 14TH 'STREET 'as -'recorded in
Plat Book 101 at Page 14, :Sheet 4 of 5._ sheets, of the Public
Records of Dade County, Florida,
ALSO -Lot
3, LESS
AND .EXCEPT `the East 13':50
feet thereof,
dedicated',
to the,
City ,of Miami for, -roadway
purposes....
ALSO -Lot
4, LESS
AND EXCEPT the East 13.20
feet thereof,
dedicated
. to :the
City of Miami for;`roadway
purposes..
ALSO -Lot
5' LESS
AND EXCEPT the East -13.00
feet thereof,
dedicated
to the
City of Miami for .roadway.purposes.-
ALSO-Lot 6, LESS AND EXCEPT the East.13.20.feet thereof,,"
dedicated to the City �of Miami . for roadway purposes.
ALSO -Lot 7, LESS AND EXCEPT the East.12..75-feet thereof;
dedicated to the,Ci.ty of Miami for roadway purposes.
ALSO -Lot 8; LESS AND EXCEPT the East 12.80.feet thereof,
dedicated to'the City of Miami for roadway purposes.
-ALSO-The West 76.5 feet of Lot 9,'LESS AND.EXCEPT the
East 3.20 feet of the North 26.5 feet. thereof.
..
ALSO -The West.720'9 feet of Lot 10. -
ALSO -All, of Lots IIIthrough15, both inclusive.
ALSO -Lot 160, LESS AND'EXCEPT the West 79;feet thereof.
ALL OF TEL FOREGOING SUBJECT TO any -.dedications,.
restrictions, reservation or easements'of,record.
limitations,
11883
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11883
in the XXXXX .. Court,
wap pyblis(ed in S3idd1vspaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -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 Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
affiant further says that she her paid nor promised
any person, firm r cor ion any iscount, rebate, com-
mission or ref d for rpose o ecuring this advertise-
ment for au cati said neyfspaper.
FAA
Wo *Mm., W"A
N
rll1
(SEAL)
Octelma V. Ferbey Xd%j, NEITTNLLE1 tVA
} n COL110 (1+1 NUMBER
f fid", Q CC566004
MY COMM S&ON EXPIRES
qF FSO JUNE 23,2000
�1
I
CITX OF MIAMI, FLORIDA
+iICE OF PROPOSED ORDINANCES
fli terest07d persons will take notice that on the 27th of January, 200Q
the City Commissioh of Miami, Florida adopted the following titled ordi-
nances:
ORDINANCE NQ_1jA8_3_,
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING THE FUTURE LAND USE MAP OF THE COMPREHEN-
SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXI-
MATELY 724 NORTHWEST 14TH STREET, MIAMI; FLORIDA,
FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO, AF-
FEQT:ED AGENCIES; CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
ORDINANCE NO. 11884•
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-
ING,PAGE. NOi 24'OF THE ZONING ATLAS OF ORDINANCE
NO.' 11000, AS AMENDED, THE ZONING. ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 4; SECTION 401, j
SCHEDULE OF -DISTRICT REGULATIONS; BY CHANGING
THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY
- RESIDENTIAL AND SD -12 BUFFER OVERLAY DISTRICT TO
C-2 LIBERAL COMMERCIAL DISTRICT FOR THE PROPERTY
LOCATED AT. APPROXIMATELY 724 NORTHWEST 14TH
STREET, MIAMI, FLORIDA, EXCEPT FOR A ONE FOOT (1')
PERIMETER RUNNING ALONG THE WEST BOUNDARY OF
THE HEREIN DESCRIBED PROPERTY AND SUBJECT TO
PLANNING DEPARTMENT APPROVAL OF NEW LAND-
SCAPE PLANS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EF-
FECTIVE DATE.'
ORDINANCE -NO. 11869,
AN ORDINANCE OFTHE MIAMI CITY COMMISSION AMEND-
ING PAGE NO. 33 OF THE ZONING ATLAS'OF ORDINANCE
N0-11 1000, AS AMENDED, THE ZONING ORDINANCE O THE
`CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, .
SCHEDULE OF DISTRICT REGULATIONS, BY ADDING SD -12
BUFFER OVERLAY DISTRICT FOR THE, PROPERTIES' LO-
CATED AT? APPROXIMATELY 2725, 2731 AND 2733 NORTH-
WEST 6TH STREET, MIAMI, FLORIDA; _CONTAINING•A RE
PEALER PROVISION AND A SEVERABILITY CLAUSE, AND
.,PROVIDING FOR AN EFFECTIVE DATE.
j ORDINANCE NO. 11886
AN ORDINANCE AMENDING PAGE N0..12 OF THE ZONING, . .
ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING
y ItTHE ZONING CLASSIFICATION,FROM;"GOVERNMENT,AND• -�
INSTITUTIONAL" TO,"MULTIFAMILY MEDIUM -DENSITY RES-
IDENTIA,' FOR THE PROPERTY.LOCATED:AT,APPROXI
MATELY 6110 NORTHWEST 12TH AVENUE; MAKING.FIND- I
INGS; CONTAINING A REPEALER PROVISION AND SEV-
ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE....,,.. - ,
i
Said proposed ordinances may be.inspected by the public at the Office i
of the City Clerk, 3500 Pan American. Drive, Miami,, Florida,F Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5
iP.M.
All interested. persons may appear at the meeting and may be: heard l
with respect to the proposed ordinances. Should any person desire to. ap=
I peal any decision of the City Commission with respect to any matter to be
considered at this meeting, that person shall ensure that'a verbatim
record of the proceedings is made including all testimony and evidence
upon which any appeal may be based., ,
ZY.OF WALTER J. FOEMAN
CITY,CLERK-
f (#8234)
'2J2 _ 00-4-020276/19465M I