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Home My WebLink AboutO-11439J-96-1117 10/10/96 ORDINANCE NO. 1 1 4 3 9 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 9, SUBSECTION 910.5, TO MODIFY RELEASE PROCEDURES FOR UNITY OF TITLE AGREEMENT;; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. -N.y WHEREAS, the Miami Planning Advisory Board, at its meeting of September 16, 1996, Item No. 5, following an advertised Public hearing, adopted Resolution No. PAB 46-96 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning 11439 0 Ordinance of the City of Miami, Flotidd, is hereby amended by amending the text of said Ordinance as follows:' "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 910. Unity of Title Sec. 910.5. Release. Any Unity of Title required by this section shall not be released except as specified in the legal instrument used to record said Unity of Title; any Unity of Title agreement which does not contain a release clause or procedures for release, shall be released only upon approval by resolution passed and adopted by the City Commission and executed by the City Manager and City Clerk. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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 5. This Ordinance shall become effective thirty ij Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. FP 11439 .%i ." a: (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 21st day of November , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of January , 1997. JO LLO, MAYOR ATTEST: WALTER J F N CITY CLEke PREPARED AND APPROVED BY: zz,/ JE-LE. MAXW LL PUTY CITY'ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i� "i f,/I • CITY A. #. w193.doc 3 i1439 .jw4 .t .� PZ-20 SRO= 5==G PLANNING FACT SHEET APPLICANT Department of Community Planning and Revitalization APPLICATION DATE August 27, 1996 REQUESTILOCATION Amendment to Article 9, Section 910. Unary of Title. LEGAL DESCRIPTION Not applicable. PETITION Consideration of amending Article 9, Section 910. Unity of Title, Subsection 910.5. Release, in order to modify release procedures. PLANNING Approval. RECOMMENDATION BACKGROUND AND ANALYSIS The City Commission recently approved an ordinance in which provisions and regulations were set forth that allow the administration to accept Unity of title agreements or covenants in lieu of Unity of title agreements for development that warranted such agreements. Per said ordinance, the mechanism in order to release any Unity of Title agreement, regardless of who required it in the first place, is that the City Commission approve • all such releases. A City Commission hearing in order to release a Unity of title agreement is not always necessary nor practical given that most Unity of title agreements are required by the zoning division for cases where a particular development is crossing established lot lines. These Unity of title agreements usually have a release mechanism built into the agreement which allows the Director of the Building and Zoning Department or the Zoning Administrator to release the agreement. This amendment will allow for such releases when specified in the recording document, and, will continue to require City Commission approval for any Unity of title agreements which were either required by the City Commission or for releases of any such agreements which do not have a release mechanism written into the document. This will also parallel the release language provided in the "Covenant in lieu of Unity of title" section of the ordinance PLANNING ADVISORY BOARD Approval. VOTE: 7/0 CITY COMMISSION Passed first reading on CC 11/21/96. Continmd fray CC 12/12/96. APPLICATION NUMBER 96-266 September 18,1996 Item # 5 Page # 1 11439 'v� i; RESOLUTION PAB - 46-96 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENT TO ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 910, "UNITY OF TITLE" TO CLARIFY AND CORRECT CERTAIN PROVISIONS PERTAINING TO RELEASE PROCEDURES. HEARING DATE: September 18, 1996 VOTE: 7-0 ATTEST: / CR LUFT, R DEPARTMENT OF COMMUNI-fY PLANNING & REVITALIZATION %ai# of REC�I`IE►� (ACK t. tufT • .,„, II,,. •97 JAN 14 All .21 Dlrecta >:; ALTER J. CIT, r.l r January 13, 1997 C I T Y ' Mr. Robert Pennock, Chief Florida Department of Community Affairs (DCA) Division of Resource Planning and Management Bureau of Local Planning 2740 Centerview Drive, Room 252 Tallahassee, Florida 32399-2100 Re: Transmittal of 1996 Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Pennock: t l )W ARO MARQUEZ Oly Manager The City of Miami is transmitting to the DCA the 1996 Package of Proposed Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This package is composed of Amendments 95-5, 95-6, 96-I, 96-3 and 96-10. These amendments are large scale development activity and, are submitted according to Chapter 163.3187. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 and Rule 91-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with six (6) copies of this package for each of the five (5) proposed amendments, with the required backup documents for each one. . a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); f) A copy of Volume 1: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); Page I of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130005) 416-1400/Telecopier (305) 416-2156 11439 Mailing Address: P.O. BOX 330708JMiami, Florida 33233-0768 Mr. Robert Penstock January 13, 1997 g) A copy of MCNP Land Use Plan Map Amendment Draft Ordinances as adopted on fast reading, (Attachment G). h) A copy of the letter of Sufficiency Review Determination of the City of Miami Evaluation and Appraisal Report (EAR) (Attachment H); and i) A copy of the cover letters with the above mentioned documents to: ■ Executive Director, South Florida Regional Planning Council; • District Director for Planning and Programing, District Six, Florida Department of Transportation (FDOT); ® Executive Director, South Florida Water Management Dist. (SFWMD) and, ■ Florida Department of Environmental Protection. If, in the review process, there are points that need clarification, you may contact Roberto E. Lavemia, Planner 11, Department of Community Planning & Revitalization at (305) 416-1435. Sincerely, ack OD JLlrl/bI Attachments cc: Walter Foeman, City Clerk " Joel Edward Maxwell, Deputy City Attorney Lourdes Slazyk, Assistant Director, CPR Clark P. Turner, Planner 11, CPR Roberto Lavemia, Planner 11, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) 11439 NOTE: FOR AMENDMENT 96-10, ATTAC11MENTS D AND D DO NOT APPLY. 11439 ao atit 40- %icitv of 4H taxrct ew JACK L LUFT �- Dlrrctor • Iles 1161' • January 13, 1997 Mr. John Hulsey South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hollywood, Florida 33021 Re: Transmittal of 1996 Package of large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1999-2000. Dear Mr. Hulsey: FDWARD MARQUFZ City Manager The City of Miami is transmitting to the DCA the 1996 Package of Proposed Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This package is composed of Amendments 95-5, 95-6, 96-1, 96-3 and 96-10. These amendments are large scale development activity and, are submitted according to Chapter 163.3187. Pursuant to the requirements of Chapter 163.3194 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA),1 am pleased to provide you with six (6) copies of this package for each of the five (5) proposed amendments, with the required backup documents for each one. a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); Page I of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 11439 Wo -a: Mr. John Hulsey January 13, 1 "7 g) A copy of MCNP Land Use Plan Map Amendment Draft Ordinances as adopted on first reading, (Attachment G); and h) A copy of the letter of Sufficiency Review Determination of the City of Miami Evaluation and Appraisal Report (EAR) (Attachment N). If, in the r+evkw process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner 11, Department of Community Planning dt Revitalization at (305) 416.1435. JUrVbi Attachments cc: Walter Foeman, City Clerk Joel Edward Maxwell, Deputy City Attorney Lourdes Slanyk, Assistant Director, CPR Claris P. Turner, Planner 11, CPR Roberto L.avemia, Planner 11, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) 11439 0 ilt-tv of tUmt TACK L. LUFT 'g January 13, 1997 District Director for Planning and Programming District Six Florida Department of Transportation (FDOT) 602 South Miami Avenue Milani, Florida 33130 Re: Transmittal of 1996 Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: I DWARD MARQUEZ City Manager The City of Miami is transmitting to the DCA the 1996 Package of Proposed Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This package is compe3ed of Amendments 95-5, 95.6, 96-1, 96-3 and 96-10. These amendments are large scale dever:,ament activity and, are submitted according to Chapter 163.3187. Pursuant to the requirements of I� +apter 163.3194 F.S. 1997, Chapter 163.3187 (1) (c)4, F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA),1 am pleased to provide you with six (6) copies of this package for each of the five (5) proposed amendments, with the required backup documents for each one. a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); f) A copy of Volume 1: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305)416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 11439 -T. a: District Director for Planning and Programming January 13, W g) A ropy of MCNP I.And Use Plan Map Amendment Draft Ordinances as adapted on fiat reading. (Attachment O); and h) A copy of the letter of Sufficiency Review Determination of the City of Miami Evaluation and Appraisal Report (EAR) (Attachment N). If, in the review process, them are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Department of Community Planning dt Revitalization at (303) 416-1435. ly, 0sin (/ Director JUrI/bl Attachments cc: Walter Foeman, City Clerk Joel Edward Maxwell, Deputy City Attorney Lourdes Slazyk, Assistant Director, CPR Clark P. Turner, Planner 11, CPR Roberto Lavemia, Planner 11, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) 1.1429 .fit# !1 4HtU s, JACKire�.taFT January 13, 1997 Executive Director South Florida Water Management District (SFWMD) P.O. Box 24680 West Palm Beach, Florida 33416-4680 Re: Transmittal of 1996 Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: tDWARD MARQUEZ Crty Manager The City of Miami is transmitting to the DCA the 1996 Package of Proposed Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This package is composed of Amendments 95-5, 95-6, 96-1, 96-3 and 96-10. These amendments are large scale development activity and, are submitted according to Chapter 163.3187. Pursuant to the requirements of Chapter 163.3194 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 and Rule 9J-I1.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), l am pleased to provide you with six (6) copies of this package for each of the five (5) proposed amendments, with the required backup documents for each one. a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); f) A copy of Volume 1: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); Page I of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd AvenueJMiami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 Executive Director (SI+WMD) January 13, 1"7 R) A copy of MCNP Land Use Plan Map Amendment Draft Ordinances as adopted on first reading, (Attachment G); and h) A copy of the letter of Sufficiency Review Determination of the City of Miami Evaluation and Appraisal Report (EAR) (Attachment N). If, in the review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner 11, Department of Community Planning dt Revitalization at (303) 416-1435. JL/ml Attachments cc: Walser Foeman, City Clerk Joel Edward Maxwell, Deputy City Attorney Lourdes Slazyk, Assistant Director, CPR Clark P. Turner, Planner 11, CPR Roberto Lavemia, Planner 11, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) ii439 "a r IRV of 4RtaM-%' iy JACK L. LUFT f Dlmtckw January 13, 1997 Florida Department of Environmental Protection Plan Review Section 3900 Commonwealth Boulevard, Room 914 B Tallahassee, FL 32303 Re: Transmittal of 1996 Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir. 11lWARO MAROUtI City Manager The City of Miami is transmitting to the DCA the 1996 Package of Proposed Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This package is composed of Amendments 95-5, 95-6, %-1, %-3 and 96-10. 'these amendments am large scale development activity and, are submitted according to Chapter 163.3187. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with six (6) copies of this package for each of the five (5) proposed amendments, with the required backup documents for each one. a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (Attachment E); f) A copy of Volume l: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1400/ielecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233.0708 .gti4 Florida Department of Environmental Protection January 13, 1"7 g) A copy of MCNP Land Use Plan Map Amendment Draft Ordinances as adopted on first reading, (Attachment O); and h) A copy of the letter of Sufficiency Review Determination of the City of Miami Evaluation and Appraisal Report (EAR) (Attachment H). If, in the review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Department of Community Planning & Revitalization at (303) 41&1435. JlhUbl Attachments cc: Walter Foeman, City Clerk Joel Edward Maxwell, Deputy City Attorney Lourdes Slazyk, Assistant Director, CPR Clark P. 'Turner, Planner 11, CPR Roberto Lavennia, Planner II, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) 11439 -\ MIAMI DAILY BUSINESS REVIEW Pubs~ D* exOapt Sam*, Surfty and MWN. FWcW 8TATE 0P P40NW COUMfY OP DADS: ftwmo V. ftftyre. who on oath says that she Is me iuparvlsor, Lep! Notices of the Miami Daily Sudnsss and LGW NolldsW news0•r' , publisho M Mleng in Deft COunty, Florida; that tha attachad copy of advertisement, b** • Loan Advwftw M of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11439 Inn»..».....»...}f}f}E .»........,..»».» .......�. Court, wsa published In add newspaper in the mum of Mar 5, 1997 ReAffhO view •1 �� says that the sold Mleml Daily Business Deft County, RlorW Ond il0 t Mseld i IlReMsrll�ee cla bun wntRnuO * POINdnad In said Deft County, PiOr t Nth daft (•xoW Snudoy. &AM" and Lpd Nola ) WA has been amend as second elm mail nWW at the post 0111109 In 1110MI In add Deft County, Plorlds, for a period Of ON year naxt prs0adln0 nne first publication of the ant om 00y Of idvftieamm- and eMiant hrthar says tlyt i @s sad neltim paid Eft iany athe purpose sae M •tls in the add 10 •rid subscribed before me this 5 March 97 lr/ &FMAL NOTARY SEEN OcNMnna V. 1{'kim"NRJT LuRENA 2 � (� cow,as!nor+ Nun+ea:R a ay Q CC566004 N� MY CCMNG ION EWA FOf f',0 - JUNE 23,2000 Lam VISTM r. . 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