HomeMy WebLinkAboutO-11598i
0
J-97-860
11/21/97
ORDINANCE NO.
11598
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 2272
SOUTHWEST 7TH STREET FROM SINGLE FAMILY
RESIDENTIAL 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 12, 1997, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 67-97, by a vote of five to zero
(5-0), 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
11598
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 Single Family Residential to Restricted Commercial for the
property located at approximately 2272 Southwest 7th Street,
Miami, Florida, more particularly described as follows: Lot 7,
Block 4, FAIRMONT PARK SECOND ADDITION, as recorded in Plat
Book 11 at Page 63, of the Public Records of 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 a
density of more than 10 units per acre or involves
other land use categories, singularly or in combination
with residential use, of more than 10 acres;
(c) is one which involves property that has not been the
specific subject of a Comprehensive Plan change within
the last year;
(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
-2- 11598
government's comprehensive plan, but proposes a land
use change to the future land use map for a site -
specific development;
(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
Development to immediately transmit a certified copy of this
Ordinance upon approval on Firer Reading and again after it.-,
adoption on Second Reading to: James F. Murley, Secretary,
Florida Department of Community Affairs, Tallahassee, Florida;
Carolyn Dekle, Executive Director, South Florida Regional
Planning Council, Hollywood, Florida; Sam E. Poole, Executive
Director, South Florida Water Management District, West Palm
Beach, Florida; Ben G. Watts, Secretary, Department of
Transportation, Tallahassee, Florida; and Virginia B. Werherell,
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 after
second and final reading and adoption thereof pursuant and
subject to § 163.3189(2)(a), Fla. Stat. (Supp.1996).
-3- 11598
PASSED ON FIRST READING BY TITLE ONLY this 9th day of
December 1997.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of January , 1998.
ATTE T:
G�Z�i�vY
WALTER J. FOE
CITY CLERK
PREPARED AND APPROVED BY:
GEORGE . WYSO I
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
W403:GKW:BSS
— Z?� (i
XA IER L. U REZ, MAYOR
11598
-4-
0
RESOLUTION PAB - 67-97
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 APPROXIMATELY AT 2272 S.W. 7'H STREET FROM "SINGLE
FAMILY RESIDENTIAL", TO "RESTRICTED COMMERCIAL".
HEARING DATE: November 12, 1997
ITEM NO. 1
VOTE: 5-0
ATTEST-
c Luft, 4Direct
Department of Planning and
Development
1159-�
•
PLANNING FACT SHEET
PZ-12
SECOND READING
APPLICANT A.'V cky Leiva, Esq. for Hector & Maria L,. Morales -George
HEARING DATE November 12, 1997.
REQUEST/LOCATION Approximately 2272 S.W. 7"' Street.
LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards Office.
PETITION Consideration of amending Ordinance 10544, as amended, the .
City of Miami Comprehensive Neighborhood Plan by amending
the Future Land Use Map by changing the land use designation
for the property located at approximately 2272 S.W. 71h Street
from "Single Family Residential" to "Restricted Commercial" .
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
Approval.
See attached analysis.
PLANNING ADVISORY BOARD RESOLUTION NO.: PAB 67-97
PLANNING ADVISORY BOARD: Recommended Approval VOTE: 5-0
CITY COMMISSION: Passed First Reading on December 9, .1997.
APPLICATION NUMBER 97-048 Item #1
................................................. ....................................................................................................................................................................................
CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
Date: 11107/97 Page 1
11598
ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 2272 S.W. 7' Street
Application No. 97-19.
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from Single Family Residential to
Restricted Commercial . The subject property consists of a 0.6 acre parpel, Lot 7 at
Block 4, FAIRMONT PARK SECOND ADDITION (I I - 63).
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 Single Family Residential and the same designation exist to the north and
west; to the east and south, the area is designated Restricted Commercial.
The Single Family Residential land use category allows single family structures of one
dwelling units each to a maximum density of 9 dwelling units per acre, subject to the
detailed provisions of the applicable land development regulations and the maintenance
of required levels of service for facilities and services included in the City's adopted
concurrency management requirements. Supporting services such as foster homes and
family day care homes for children and/or adults, community based residential facilities
(6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also
will be allowed pursuant to applicable state law. Places of worship, primary and
secondary schools, child day care centers and adult day care centers are permissible in
suitable locations within single family residential areas.
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 state; 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.
1598
The Department of Planning and Development, is recommending APPROVAL
of the application as presented based on the following findings:
• It is found that the character of the southwest 7" Street corridor in this area is
commercial due to the fact that that street is the companion one-way pair to SW 8`"
Street and that the majority of the lots along the southside are and have been legally
used as parking for the lots to the south, fronting SW 8' Street.
• It . is found that the requested change to Restricted Commercial will increase the
possibility of the subject property being developed in a manner which will directly
benefit the adjacent area.
• It is found that Land Use Objective 1.3. requires the City to encourage commercial
development within existing commercial corridors.
• It is found that this application is supported by MCNP Housing Policies 1.1.5. and
1.2.7. which require the City to preserve and enhance the general appearance and
character of the City's neighborhood by preserve. the commercially designated 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.
2 41598
i 44 - •
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI DEPARTMENT OF PLANNING AND DEVELOPMENT
Proposal No. 97-19 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
Date: 10/29/97 WITHIN A TRANSPORTATION CORRIDOR
AMENDMENT INFORMATION
CONCURRENCY ANALYSIS
Applicant: Hector & Maria Lenor Morales -George
RECREATION AND OPEN SPACE
Address: 2272 SW 7 St.
Population Increment, Residents
58
Space Requirement, acres
" 0.08
Boundary Streets: North: SW 7 St. East:
Excess Capacity Before Change
55.12
South: West:
Excess Capacity After Change
55.04
Proposed Change: From: Single Family Residential
Concurrency Checkoff
OK
To: Restricted Commercial
Existing Designation, Maximum Land Use Intensity
POTABLE WATER TRANSMISSION
Residential 0.16 acres 9 DU/acre
1 DU's
Population Increment, Residents
58
Peak Hour Person -Trip Generation, Residential
1
Transmission Requirement, gpd { r
12,987
Other 0 sq.ft.Q 0 FAR
0 sq.ft.
Excess Capacity Before Change f
>2% above demand
Peak Hour Pee Generation, Other
0
Excess Capacity After Change !
> 2% above demand
Concurrency Checkoff
OK
Proposed Designation, Maximum Land Use Mteraity
Residential 0.16 acres 150 DU/acre
24 DU's
SANITARY SEWER TRANSMISSION
Peak Hour Parson -Trip Generation, Residential
12
Population Increment, Residents
58
Other0 sq.ft.@ 0 FAR
0 sq.ft.
Transmission- Requirement, gpd
10,726
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
58
Dwelling Units
23
STORM SEWER CAPACITY
Peak Hour Person -Trips
11
Exfihration System Before Change
On -oft
Exfiltration System After Change
On -site
Planning District W. Utdo Havana
Concurrency Checkoff
OK
County Wastewater Collection Zone
309
Drainage Subcatchment Basin
04
SOLID WASTE COLLECTION
Solid Waste Collection Route
34
Population Increment, Residents
58
Transportation Corridor Name W 22 Ave.
Solid Waste Generation, tons/year
74
Excess Capacity Before Change
500
RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES
Excess Capacity After Change
426
Concurrency Checkoff
OK
Land Use Policy 1.1.1
CIE Policy 1.2.3
TRAFFIC CIRCULATION
Population Increment, Residents
58
Peak -Hour Person -Trip Generation
11
LOS Before Change
A
LOS After Change
A
Concurrency Checkoff
OK
NOTES
ASSUMPTIONS AND COMMENTS
1. Permit for sanitary sewer connection must be issued by
Metro -Dade Water and Sewer Authority Department (WASH).
Excess capacity, if any, is currently not known
y
Population increment to assumed to be all new resklents. Peak -period trip
generation is based on ME Trip Generation, Sth Edition at 1.4 ppv average occupancy
for private passenger vehicles. Transportation Corridor capacities and LOS are from
Table PT-2(R7), Transportation Corridors report.
Potable water and wastewater transmission cepwitles are in accordance with
Metro-Oade County stated capsdties 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.
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Application
Date:
CITY OF MIAMI
PLANNING, BUILDING AND ZONING DEPARTMENT
275 N.W. 2 STREET
MIAM1, FLORIDA 33128
APPLICATION TO AMEND THE MIAM1 COMPREHENSIVE NEIGHBORHOOD PLAN
Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendments to the
adopted comprehensive plan, reads as follows:
Periodically, but not less often than once in
five (5) years or more often than once in two
(2) years, adopted cumprehensive plans, or a
portion thereof, shall be reviewed 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 plans, or portion thereof.
If the City Commission desires an amendment
or addition, it may on its own motion, direct
the Planning Department td prepare such
amendment for submission to and review by the
Planning Advisory Board. The Planning Advisory
Board shall make .a recommendation on the
proposed plan amendment to the City Commission
within a reasonable time as established by the
City Commission. The procedure for revising,
adding to or amending comprehensive ,plans or
portions thereof -shall be the same as the
procedure for original adoption.
This petition is proposed by:
{ City Commission
( ; Planning, Building and Zoning Department
�CX� Other Zoning
&-Please Specify: HECTOR & MARIA LENOR MORALES—GEORGE
The suhiect property is lorated at 2272 S.W. 7th Street
AND MORE PARTICULARLY DESCRIBr.D AS:
Lots) 7
Dlock(s) 4 ~-
Subdivision Fairmont Park Second Addition
Page 1 of 3
N��
1159��
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: Single Family
TO: Restricted Come.rcial..-
Please supply a statement indicating why you think the existing plan designation is inappropriate:
The -subject property has lost all characteristics and is no longer
compatible with its designation. The property is completely surrounded
by commercial property and activities (the entire City block) Further,
the property fronts on S.W. 7th Street, a three lane one way street
currently used as.a companion to S.W. 8th Street (Tamiami Trail), a
major arterial road.
Please supply a statement .justifying your request to change the plan. to your requested plan
designation.
The requested designation will permit the integration of the subject
-property within the current designation for the remainder of the
City block which is Restricted and Gener.al. It will. -also allow use
of the property which is compatible with its surroundings.
Ghat is the acreage of the property being requested for a change in plan designation?
approximately .6 acres
Page 2 of 3
1t QQ
Q-�J U140quu:W 4/ 4
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? No If yes, this
other property been granted a change in plan designation within the last twe ve months? A
Have you made a companion application for a change of zoning for the subject property with the
Planning and zoning Boards Administration Department? Y e s
Hare you fil�eo with the Planning and zoning Boards Administration Department: Affidavit f
ownership? List o wners of property within 375 feet of the subject property?
Disclosure o wne o ? If not, please supply them. r CT"
SIGNATURE DATE ,. �•• cJ9 — ��
NAME A. Vicky Leiva
ADDRESS 701 Brickell Avenue, Suite 1850, Miami, FL
PHONE 347-3818
STATE OF FLORIDA I
SS:
COUNTY OF DATE
A. Vicky Leiva
being duly sworn, deposes and says that he is
the(Owner) (Authorized Agent forOwner) o t e real property described above: that he has read
the foregoing answers and that the same are true and complete; (i act'ng agent for owner)
that he has authority to execute this petition on behalf of the n
SEAL)
SWORN TO AND SUBSCRIBED
before me this 30 day
of Sept. , 19 97
Mr COMMISSION EXPIRES:
Computation of Fee:
Receipt is
NOTARY PliBN B NfRAZO°/:CI-I
C STA',
—'r)
MYC�`.VtVIISS,0N E,:(P. is_. >,!c
Page 3 of 3
0"(�0
Notarry ic, Late o f "atLa
0
C
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
A - Vi rk y Tan Jura , who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code 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 represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion of a classification or regulation of -zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he 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.
(Name) Legal Repr\esentative
Sworn to and Subscribed before me
th ,s 9 day of Sept. , 19 97
e
Not P lic, State f F ors a at Large
My Commission Expi"_.
OWNER'S LIST
Owner's Naas Hector, & Maria Morales—reorc
Mailing Address 2272 SW 7 Street Miami, FL 33135
Telephone dumber
Legal Description;
Lot 7, Block 4, Fairmount Park Second Addition,
Plat Book 11, Page 63 of the Public Records
.of Dade County, Florida.
Owner's Naas
Mailing Address
Telephone Number
Legal Description:
Owner's Naae
Mailing Address
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 Legal Description
NONE NONE
Street Address Legal Description
Street Address legal Description
' DISCLOSURE OF OWNERSHIP •
1. legal description and street address of subject real property:
Lot 7, Block 4, Fairmont Park Second Addition, Plat Book 1,
Page 63 of the Public Records of Dade County, Florida.
2272 S.W. 7 Street
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9414 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 CoMission. Accordingly, question f2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Hector Morales —George 50%
Maria Lenor Morales —George 50%
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question f2, and (b) located within 375 feet of the subject
real property.
NONE
STATE OF FLORIDA } SS:
COUNTY OF DADE }
*i8 : FW A EY FOR OWNER
A. Vicky Leiva , being duly sworn, deposes and says that he
i.s.the (Please Print) (Owner) (Attorney for Owner) of the real property described in
answer to question 01 above; that he has read the foregoing answers and that the same
are true and complete and (if acting as attorney for owner) that he has authority to
execute the disclosure of Ownership form on behalf of the owner.
(SEAL)
Signature of 5 wwx orney for Owner
SWORN TO AND SUBSCRIBED
before me this 29
day of Sept . 1— g7
..-'Notdry P blic, tate of Fi r'd a Large
MY COMMISSION EXPIRES:'
1159��
•
•
THIS INSTRUMENT PREPARED BY:
CHARLES S. SACKER, ESQ.
Walton Lantaff Schroeder & Carson
2655 LeJeune Road,.Suite 1101
Coral Gables, Florida 33134
RETURN TO:
Property Appraisers Parcel
Identification (Folio) Number(s):
01-4103-044-0360
TRUSTEE'S DEED
THIS TRUSTEE'S DEED, executed this 31 day of July, 1996,
by DOROTHEA STONER and LEONARD BASALYGA, as Co -Trustees of the LEO
BASALYGA SECOND RESTATED REVOCABLE TRUST dated March 11, 1987,
Grantor, to HECTOR MORALES GEORGE, and MARIA LENOR MORALES GEORGE,
his wife, whose post office address is
Grantee. (Wherever used herein the terms "Grantor"
and "Grantee" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors.and
assigns of corporations, wherever the context so admits or
requires.)
e WITNESSETH: That the Grantor, for and in consideration of the
sum of Ten ($10.00) Dollars -and other valuable considerations,
receipt whereof is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the
Grantee all that certain land lying in Dade County, Florida, viz:
Lot 7 in Block 4 of FAIRMONT PARK SECOND
ADDITION, .according to the Plat thereof, as
recorded in Plat Book 11, Page 63, of the
Public Records of Dade County, Florida.
SUBJECT TO:
A. Taxes for the year 1996 and subsequent years.
B. Conditions, restrictions and limitations of record,
however, this provision shall not serve to reimpose
conditions, restrictions and limitations which have been
barred by operation of law.
C. Applicable zoning ordinances.
TOGETHER WITH all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
WALTON LANTAP/ SCNROCOCR • CA03ON
SUIT[ IIOI GAOLCS NITCANATIONAL PLALA, tSfi LC.ICUNC AOAO. CORAL 43A81.93, PL 33130 • TCL. (303) 379•NN
--• --• ..,mow acuv IIALIUN LANI'Aee 10005/005
AND Grantor hereby specially warrants the title to said land
and will defend the same against the lawful claims of all persons
claiming by, through or under the said Grantor.
IN WITNESS WHEREOF, the said Grantor has signed and sealed
these presents the day and year first above written.
Signed, Sealed and Delivered
in toe Preso'jcq.of:
(Printed Name of Witness
Name of
DOROTHEA STONER, as Co -Trustee
of the LEO SASALYGA SECOND
RESTATED REVOCABLE TRUST dated
March 11, 1987
Address: 5741 S.w. 19th Street
Miami, Florida 3315
LEONARD BASALYGA, 1W Co -Trustee
of the LEO BASALYGA SECOND
RESTATED REVOCABLE TRUST dated
March 11, 1987
Address: 3900 S.W. 5th streSt
Miami, Florida 33134
STATE OF FLORIDA )
SS:'
COUNTY OF DADE )
I HEREBY CERTIFY That on this day personally appeared before
me, an officer duly authorized to administer oaths and take -
acknowledgments, DOROTHEA .STONER; and LEONARD BASALYGA, as Co -
Trustees of the LEO BASALYGA SECOND RESTATED REVOCABLE TRUST dated
March 11, 1987, the persons described in and who executed the
foregoing instrument, personally known to me or who have produced
'an3
respectively, as identification, who did take an.
oath, and they acknowledged before me that they executed the, same
,for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal at O� 03D1LS aid County and State,
this ,N_ day of Ju y, A.D. 1996.
My Commission Expires:
J
Notary Public
o""'wtr cwRLesssAeHEq (printed Name of Notary Public)
* so- by PW
�+rca�„ Il..+a.ccarT+as
N.;; 40OaZ215"
-2-
WALTON LANTAFF SCNROCOCA & CARSON
SUITC IIOI GAOLCS INTCRNATIONAL PLAZA, 2ef3 LCJCUNC ROAO, CORAL GAWLC1. rL 33134 • TCL. 1305) 379-6411
A
11598
APPEAL TO COMMISSIONERS
TABLE OF CONTENTS
I: Issues At Hand : Variance Because of Enchroachment
a..) Show --paper f or Moratorium - -see exhibit- A.
b.) Chief "Zoning Inspector has no problems
except recommends Demolition• .,of overhand•
of baok porch 'as seen ih,plans
YI. Garbage:
Trash pick-up .negotiated with -City- of Miami
for curb -side ,pick up
Starting in- August, ° 1997
Trash problem resolved ,see -exhibit B
III. Neighbor's Complaint
Issue resolved -'see exhibit C
IV. Demo 1ittion°, of� Enchroachment see -exhibit D .. .
a.) TMS Cost for demolition'
b .) ARCH- Cost - f or • -demolition
11598
06-12-1997 02:23 FROM CITY OF MIAMI HEARING BDS TO •
-381036
is
II
nA4
The City of Miami is declaring a six month moratorium
effective February 14 1997
to provide relief to homeowners who intend to apply for
variances needed to correct code violations.,
During this moratorium, the imposition of additional
fees for the application of these variances
a savings of $200 - $450 fee per variance -
will be waived.
<< If you have...
>> Additions or construction...
...........
•
Without the proper permits,
eed
ces to be legalized...
that nvarian
City of Miami
Office of Hearing Boards
For more information Ca11416-2030
TOTAL P.0i
11598
W
4W KII
lY
5.
5
5 P,;I, I-
7
ne
�si,e Management,,
i 0 N W 70 Avenue
F 1 31*122' ;,.;-
t e i Galest
ep
1-
Service -`at 127'Street. ,5 N W 24
Miami
Sirs:.
f. problems beyond our control I, must
i,n our C;ompan,y, on July 1.1, - 1997. 'The:natur
m i SIt h a i n that neighborhood, everyone
-
�stc receptacles as if it were available to an
n,'_-13 to 'use then . I .am constantly being.,:Iagge
tra
sh d'.notices •b'the'city.'�
Y'l 7-,.,,,
eref ore,...,.1 wish.torequest termination of,ser
o\;w• address NW 24 St
reet.
-om
has been ..-a -p.1--easure doing business wit
ncerely,
lian Gar
On
Q.
• •
�-
f�
� ��
r���b,7"
i 4 ` � Y
1 �
I � r
� � �
ro r.,�,-.��+ a'.�tE.,
f� -;r , s ,
� Yli. c .. � � : r , ,,
,t� C ��
.. a � -i� -. �, y.
a
�.�59�
7�
OMS/Trans Multi Serviceso
3445 S.W. 105.Avenue Miami, F1 33165 (223-3764 - of
Mr. Julian Garcia
For: 1273 N.N. 24 Street
Miami, Florida
Demolition with repairs
Trash/Debris Removal
for unit at the above address
Total $ 11,572.00
ARCA AND ASSOCIArr--�-` - Hes
10041 S.W. 134 AVE MIAMI, 17LA. 33166 TEL. Silt;-0 715
J. Garcia
c/o 1273 NW 241STREET
DEMOLITION OF APARTMENT
Jiily 21 , 1997
Labor and materials for completion of entire job according to
specs, including the following:
1. To demolish apartment unit
2. To include all plumbing, electrical,
structural, permits needed
3. To remove trash and building debris.from
property and dispose of
4. To make all necessary repairs to building
to make clean
TOTAL FOR WORK: $14,896.00
*t#g of 'ffltamto
WALTER J. FOENIAN
City Clerk
May 5, 1998
Evelyn Jefferson
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32316
Dear Ms. Jefferson
LOSE GARCIA-PEDROSA
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11584 11588 11589 11592 11596 11597
�11-5>;9_S_) 11599 11600 11601 11602 11603 11604
If I can be of any further assistance, please do not hesitate to call.
Yours trul
Elvi Gallastegui-Alonso
Deputy City Clerk
Enc.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
t .11, 10
itij Ulf 'ffliaml
WALTER J. FOEMAN
City Clerk
May 5, 1998
Isel Fernandez Maldonado
Court Operations Officer
1351 Northwest 12`' Street
Room 8100 (8`h Floor)
Miami, FL 33125
Dear Ms. Maldonado:
)OSE GARCIA-PEDROSA
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11584 11588 11589 11592 11596 11597
,115,98i 11599 11600 11601 11602 11603 11604
Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter,
and returning it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
By.
Deputy City Clerk
RECEIVED BY:
DATE:
Enc.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
titij of �t�CxTi�
WALTER J. FOEMAN
City Clerk
May 5, 1998
Rosemary Ricotta
Office of the State Attorney
1351 Northwest 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
C,TV op.
� nonr wru Q,
JOSE GARCIA-PEDROSA
City Manager
Enclosed herewith please find a copy of the following Ordinances which_ amend the Code of the
City of Miami, Florida:
11584 11588 11589 11592 11596 11597
1-17598' 11599 11600 11601 11602 11603 11604
Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter,
and returning it to this office for our files.
Thank you.
Very .truly yours,
Walter J. Foeman
City Clerk
By4epp4uty
City !Clerk
RECEIVED BY:
DATE:
Enc. a/s .
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233A305) 250-5360/FAX: (305) 858-1610
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Wllllams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review Nk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 11598
In they....... XXXXX , , , , .. Court,
wFept+ llahed inga d(yawspaper In the Issues of
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami In said Dade County, Florida, for a period of
one yea t preceding the first publication of the attached
copy adv Isemerit; and afflant further says that she has
nelth r pal nor promised any person, firm or corporation
any sco t, rebate, commission or refund for the purpose
of s u g this advisement for publication In the said
news a er. e ,
4 �ruarvri/ / / me t�-B
...... Off off........... t r ,/A.D. 19..... .
(SEAL) I
pp OFFICIAL NOTARY SEAL
Sookie VAIIiams " ly kr4n tOJXNETT LLERENA
_ +�+ t, n ct)Mfa8910N JANBEA
+ 4 CC566004
f�OF fLO�, MY COMMISSION 2EXPIRES
LEGAL NOTICE. •.
•-Alkinterested persons will take. notice that on the •27th day c
January, 1998, the City .Commission of Miami, -Florida, adopted thi
following titled ordinances: `
ORDINANCE NO. 11596
AN ORDINANCE AMENDING THE FUTURE LAND. USE
MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN
BY CHANGING THE LAND_ USE DESIGNATION- OF THE
`PROPERTIES LOCATED AT APPROXIMATELY 2301,
NORTHWEST 12TH AVENUE AND 1170-1182 AND 1,192
NORTHWEST 24TH , STREET,` FROM DUPLEX RESIDEN-
TIAL TO ;GENERAL COMMERCIAL MAKING. FINDINGS;,
DIRECTING TRANSMITTALS TO' AFFECTED AGENCIES;.
CONTAINING. A REPEALER PROVISION AND A SEVER
ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. —
ORDINANCE NO. 11597.."'
AN ORDINANCE AMENDING THE ZONING ORDINANCE
AND PAGE NO. 34 OF THE ZONING ATLAS OF THE CITY
OF MIAMI, FLORIDA, "BY CHANGING .THE' ZONING
CLASSIFICATION FROM- R-2 TWO-FAMILY RESIDENTIAL -
WITH SD-12 BUFFER;OVERLAY.. DISTRICT,- TO C-2
LIBERAL COMMERCIAL- DISTRICT, FOR :THE PROPERTY
LOCATED AT, PPROXIMATELY 2301 NORTHWEST 12TH
AVENUE„ 1.1,70, , 1142, AND 1192 NORTHWEST 24TH '
STREET, °MIAMI,. FLORIDA, MORE PARTICULARLY DE-
SCRIBED HEREIN;:. MAKING FINDINGS; CONTAINING* A
REPEALER PROVISION AND A. SEVERABILITY CLAUSE;
AND PROVIDING; FOR AN EF&�CTIVE DAT
00
ORDINANCEIR
AN • ORDINANCE AMENDING:')rIGHB
REI LANDME
MAP OF THE COMPREHENS�/F�t�-IOOD(�Ij4N -j
BY CHANGING THE LAND k,PESIGNAjION O TIE
PROPERTY LOCATED AT A XIMATE 272 SO H-
WEST 7TH STREET FROM S�gAMILY RESIDE Al
TO RESTRICTED. COMME tM.MAKI� FIND�S; `
DIRECTING TRANSMITTAL — O:FFECIGD AGENICfES;
CONTAINING A REPEALER RO]9810N 6CID A SEkR- .
ABILITY•'CLAUSE; AND PROVIDIM. FOR tAN EFFECTIVE #
DATE. s
ORDINANCE NO. 11599
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF AND PAGE .NO. 34 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA,- BY CHANGING THE ZONING
CLASSIFICATION, FROM SD-12 BUFFER OVERLAY' DIS- i
TRICT- AND R71 SINGLE=FAMILY 'RESIDENTIAL" TO C-1
RESTRICTED COMMERCIAL FOR THE..PROPERTY LOC-. `-
ATED 'AT APPROXIMATELY 2272 SOUTHWEST ' 7TH
STREET;.MIAMI, FLORIDA.
ORDINANCE NO. 11600
AN ORDINANCE AMENDING THE FUTURE LAND MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY ..
CHANGING THE LAND•USE DESIGNATION OF THE PRO-
PERTY LOCATED AT APPROXIMATELY 3625 NORTH-
EAST 2ND AVENUE, FROM. RESTRICTED COMMERCIAL
'TO GENERAL COMMERCIAL; MAKING, FINDINGS; DIR-
ECTING: TRANSMITTALS .TO AFFECTED -AGENCIES, ,
CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE; AND PROVIDING FOR AN .EFFECTIVE
DATE.
ORDINANCE.NO.11601 "
AN ORDINANCE, WITH ATTACHMENT, AMENDING.PAGE
NO. 15 OF THE ZONING ATLAS OF THE CITY OF MIAMI,
,FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM PR "PARKS AND RECREATION" TO SD-8 "DESIGN
PLAZA COMMERCIAL -RESIDENTIAL DISTRICT" FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3625 NORTH-
EAST 2ND AVENUE; MAKING FINDINGS; CONTAINING A
REPEALER,, PROVISION AND SEVERABILITY� CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO'.i i 602
G`6R-DINANCE.NO. 11000, THE -
AN ORDINANCE AMENDIN -'
ZONING ORCINANCE,':�BY AMENDING ARTICLE6, SUB-
,
-
SECTION 602.411w, TO - PERMIT, -SACES,, DISPLAY AND
SERVICE, -ACTIVITIES TO,
OPERATE I FROM PARTIALLY-,
'
ENCLOSED;'SOACt.&AND FURTHER SPACES CONTAIN-*
ING A REPEALER PROVISION .,A.;S.EVERABILI'TY CLAUSE;,.-
AND PROVIDING FOR AN EFFECTIVE DATE..',
ORDINANCE
AN ORDINANCE ,,AMENDING 'THE CODE,
' LORIDA,� MI Ml,S AMENDED, TO CREATE AND ADD A
A ;F
'NEW ' CHAPTER ENTITLED: "EXTERIOR CODE".SETTING
FORTH - STANDARDS FOR EXTERIOR BUILDING SUR-.
FACES WITHIN RESIDENTIAL _NEIGHBORHOODS AND ,'J
COMMERCIAL ' BUSINESS. DISTRICTS.; -CONTAINING., A
REPEALER PROVISION AND, A SEVERABICITY CLAUSE:
--PROVIDING FOR AN EFFECTIVE DATE; AND. PROVIDING
FOR INCLUSION IN THE CITY CODE.'
i ORDINANCE NO. 11604
AN ORDINANCE AMENDING.ORDNANCE NO: ,l 10.00; THE
ZONING, ORDINANCE, BY 'DELETING 'SUBSECTIONS.
1 i?4.fTHROQGH..1104.4 . .1. FROM ARTICLE , it IN THEIR - ,
ENTIRETY AND SUBSTITUTING IN, LIEU- THEREOF NEW
SUBSECTION 926.15.2-1 TO ARTICLE 9, AND AMENDING
SUBSECTION 926.15.*2, TO ALLOW -A MAXIMUM OF TEN
OUTDOOR -ADVERTISING - SIGNS. (BILLBOARDS) CITY-
WIDE, WITH CERTAIN STANDARDS AND CONDITIONS;
CONTAINING A REPEALER PROVISION AND -A-SEVER
ABILITY CLAUSE: AND, PROVIDING FOR - AN: EFFECTIVE
DATE.
.Said be insordinances-m y inspected by the public at the -Office of the,
'a P6
I City Clerk, 3500 Pan American Drive, Miami, Florida, Monday' through
Friday, pxcludi ng.holidays, between the hours of 8 a.m. apO 5,p.m;.
WALTER J. FOEmAN*
CITY,CLERK
(#476�3)
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