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HomeMy WebLinkAboutO-11448J-96-431 6/25/96 11448 ORDINANCE N0. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PROPERTY LOCATED AT APPROXIMATELY 3240 FLORIDA AVENUE, 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 May 15, 1996, Item No. 2, following an advertised hearing, adopted by Resolution No. PAB 27-96, by a vote of eight to zero (8-0), RECOMMENDING DENIAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, as hereinafter set forth; and WHEREAS, notwithstanding the Planning Advisory Board's recommendation, 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance 11448 No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designations from Single Family Residential to Restricted Commercial for the property located at approximately 3240 Florida Avenue, Miami, Florida, more particularly described as Tract "A", of RAINBOW PLAZA SUBDIVISION, Plat Book 117 at Page 88, 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 land use of more than 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 government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development; and 2 11448 (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 Community Planning and Devitalization to immediately transmit a copy of this Ordinance, upon approval on First noading and asain after its ad„otinn�Sae®nd Za d4r.� t0: 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. Wetherell, 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. (1995). PASSED ON FIRST READING BY TITLE ONLY this 24t-h day of Ac+t�• bair, 1996. 3 11448 0 0 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of Fes, 1997. ATT RS WALTER CITY CLERK PREPARED AND APPROVED BY: � c EL E. LL PUNY CI ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: wls o : jEm : aSl9 z MIS : CSK 4 r CAROLLO, MAYOR 11418 .M.S It-tv of 4H JACK L. LUFT '! Director • less 411 f a� March 21, 19% 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 t 0WARD MAROUtI ( Ov Manager +� S %d :� % "1 -4 ?Ti U t 1 t IV �r > r Re: Transmittal of Adopted Amendment 96-3, (DCA No. 97-1), one of the 19% Package of Large Scale Amendments to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Pennock: The City of Miami, on February 27, 1997, adopted Ordinance 11448 amending the Miami Comprehensive Neighborhood Plan 1999-2000 (MCNP). This proposed amendment is one of the 19% package of Large Scale Amendments to the MCNP. Pursuant to the requirements of Chapter 163.3194 F.S. 1987, Chapter 163.3187, F.S. 1993 and Rule 9J- 11.010 (5), and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with five (5) copies of this package with the required back-up documents consisting of- 0 One (1) copy of MCNP Land Use Plan Map Amendment Ordinance 11448 as adopted, (Attachment 96- 3-A); ■ One (1) copy of the support documents on which recommendations upon the approval was granted, (PZ-6, City Commission Meeting of February 27, 1997) (Attachment %-3-B); 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, // f L �LLuftCtl'_' `���� / _ Director JUrllbl Attachments cc: Walter Foeman, City Clerk Joel Edward Maxwell, Deputy City Attorney Lourdes Slaryk, Assistant director, CPR Clark P. Turner, Planner 11, CPR Roberto Lavemia, Planner 11, CPR (letter only) t'll (letter only) (letter only) (letter only) (letter only) DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 331300051416-1400/Telecopier (305)416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233.0708 e THE CITY OF MIAMI, FLOR�� so r IN RE: Ordinance No. 11448 and companion Ordinance No. (unnumbered) . 'Al T._ ' ' The persons who have signed the attached verification hereinafter called the "Complainants", and whose addresses are on the attached verification, respectfully file this verified complaint pursuant to Section 163.3215, Florida Statutes (1995), and, in support of this verified complaint, would state as follows: 1. The Complainants are the owners and residents of homes located in close proximity to that property more particularly located at 3240 Florida Avenue, City of Miami, Florida (the "subject property") which is the subject matter of the City of Miami Ordinance No. 11448 ("Ordinance") and companion Ordinance 10 (currently unnumbered) (collectively, the "subject development orders").1 The final hearing on the subject development orders occurred on February 27, 1997. True and correct copies of the subject development orders are attached to this As of the date of this verified complaint, the City of Miami has not rendered the unnumbered Ordinance attached hereto. When such ordinance is rendered and assigned a number, the Complaints shall amend this complaint to include same. . SHUBIN & BASS, PA. %'r verified complaint as composite Exhibit "A" and incorporated herein. 2. The City of Miami is a municipal corporation within the State of Florida. The City of Miami is subject to the requirements of Section 163, part 2, Florida Statutes, the "Local Government Comprehensive Planning and Land Development Act (the "Act")." 3. The City of Miami has previously adopted its Comprehensive Neighborhood Plan pursuant to the Act. 4. The subject property is located at approximately 3240 Florida Avenue. It is owned by Farmer's Market at Coconut Grove, L.C., a Florida limited liability company, whose members are H.W. Allen Sweeny, Sky Smith, and Thomas Sherman, As Trustee, according to the disclosure of ownership submitted by the applicants and maintained in the public records by the City of Miami. S. The subject development orders materially alter the use, density, and intensity of use on the subject property so as to be not consistent with the City of Miami Comprehensive Development Master Plan adopted pursuant to the Act. 6. The Complainants will suffer, to a greater extent than the community at large, economic damage, which will have a negative impact on the value of their homes; negative traffic and parking impacts; the intrusion of the noise, lights, and exhaust which are -2- SHUBIN & BASS, PA. r, typical of commercial uses and such uses will change the residential character of the neighborhood; and disruption of normal family life in the Complainants, homes if development pursuant to the subject development orders is accomplished. Specifically, the subject development orders propose to amend the Comprehensive Neighborhood Plan by changing the land use designation of property located at approximately 3240 Florida Avenue from single family residential to restricted commercial. 7. The subject development orders are inconsistent with the following goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan (MCNP) for the reasons set forth herein: (a) The increased densities of the commercial activities intruding into the existing residential neighborhood created by the subject development orders are not consistent with the future low density residential use pattern proposed for the area actually designated Single Family Residential; (b) The subject development orders are in conflict with MCNP Land Use Policy 1.1.3 which requires that all the areas of the City be protected from encroachment of incompatible land uses; (c) The subject development orders are in conflict with MCNP Housing Policies 1.1.5 and 1.2.7 which require the City to preserve -3- SHUBIN & BASS, P.A. :•f and enhance the general apearance of the character of the City's neighborhood; (d) The Restricted Commercial areas, south and southeast of the subject property have sufficient capacity to accommodate commercial uses. WHHR8FORB, Complainants demand that the City of Miami rescind the subject development orders, as well as any other action taken with it, or subsequent to it, in accordance with it, including, but not limited to any building permits, as being inconsistent with the MCNP. Respectfully submitted, SHUBIN & BASS, P.A. 46 Southwest First Street Third Floor Miami, Florida 331U-1610 -4- SHUBIN & BASS, P.A. . BASS, SSO NO. 0962279 Me �RRTIFICATR 8F SRRV= I HEREBY CERTIFY that on this qlOtA'day of March, 1997, that a true and correct copy of the Verified Complaint and Verification, have been filed with: Walter Foeman, Clerk of the City Commission, 3S00 Pan American Drive, Miami, Florida 3313.. A. Quinn Jones, III, Esq., City Attorney, City of Miami; and a courtesy copy to Lucia Dougherty, Esq., Greenberg Traurig, 1221 Brickell Avenue, Miami, Florida 33133. -5- SHUBIN & BASS, P.A. STATE OF FLORIDA COUNTY OF DADE I, Grady Lee Dinkins, whose address is 3201 Florida Avenue, Miami, Florida, 33133, being first duly sworn, under penalties of perjury declare that I have read the foregoing verified complaint and that the facts stated in it are true. PA I Compl ' Before me personally appeared Grady Lee Dinkins, who identified herself to me by providing a current Florida's Driver's License, upon which I relied, and who then, after being sworn, subscribed this document before me this �T_ day of March, 1997. i MY COMMISSION EXPIRES: I i ALMN J SCOIT SR i NOTARY PUHUC STATE OF FLC'o COMMMON No. c 4w,31 �4YC0MAO96M EXP. MAR ."._ -6- Notary Publi , State of Florida at Large Pun Kw It' sFJ11. Is Us&D II sTm Or sTmp SWUBIN & BASS, P.A. STATE OF FLORIDA COUNTY OF DADE 3311 I, Denise Wallace, whose address is 3-3 Florida Avenue, Miami, Florida, 33133, being first duly sworn, under penalties of perjury declare that I have read the foregoing verified complaint and that the facts stated in it are true. Complainant Before me personally appeared Denise Wallace, who identified herself to me by providing a current Florida's Drivers License, upon which I relied, and who then, after being sworn, subscribed this document before me this ow day of March, 1997. MY COMMISSION EXPIRES: -7- otary Public, /S4te of Florida a�LoTew� EXPIRES h1Y CO`Jutilla,lOt� i CC289255 'if WM*ptFdp�TR0v5A 1997 lwC PRIM! wm Ir SLAL I/ USLD imsTEAD OP STAMP SHUBIN & BASS, PA. J-96-412 06/24/96 ORDsNOCa NO. ' 11431 . )w 00I190=0 ATrAc�T(e) , ,MlWDIXG TM SOINM AUM ' OP %= SWIM OWD=W= OP TU CITY OF KIW, 71MM, ARTICLi 4, sSC.TION 401, GCMWA OF DISTRICT RMUUTIMV BY BIRO T= Z0KIi1Si CLAS$IFICATICH n= R-1 8I31tiaii,8-PalMMY lt=IDW TIAY, TO 8D-2 C0C=W CM90MIAL DISTi3Icr FOR Tom MPBM LOC'hTED AT 3240 FLORUIL AVE=, HIM# FLORIDA; AM QY NUIM ALL 'TAR =28MY MUMS ON PA= NO. 46 OF BALD S IUM ATLASe CONTAIMM A RAPS PROVISICK AM A MMULBILM CL USK. ,< T• WaRtMa , the Miami Zoning Board- at its etaeeting of '7JW9-'17, 1996, Itm ft. 6, golUming an advertised h gr aaoptad Rssolutim No. ZB 69-96, .,Sy. a sew to zero (7-0)' vote, R®C�CIMSOIDZYI6 DWEEM of a chmagi of sAniojg ciassilication, as ttwei miter ■ 6t•' fortlis and wmR8AS, cthe. City •Cbem"aica, Yiotwidtatanding tto wing Board's s'sCedstion, : a!t®z' ::.t^ele�. eoaeiderakian of t1dl.ta • mattes, deealdwisable and Wat interest moo! them steal welfare of tNe City of Miami and it's itants to grant this cbangaQ of -so q climaLticatioa .." • bo`reiaafter not forth; owe TMEFORB, an IT ORDAINED BY =R OMMISSION OF THE CIT'9C OF MI MI# FLORIVAt I • ATTACHMENTS) I section i. The Swing Atlas ot4ioance No. 11000, as esssadsd, the Zoning prdinence of, 'the city .,)E miani, yl®rids. Article 4, Section 401, Schedule of District Regulations, is hereby aaasaded by caanging the soaing classification Eras R-1 Single-Faaxily Residential to SD -a Cocaaut Drove .,.Central Coasaarciarl District for the progesty located at 3240 Florida Avenue, Kiaai, Florida, legally described is Rxhibit OWN attached berate and mWe a part hereof. Section 3. It is hereby found that this zoning • ....... classiti�tiaeL etaaAge • - (a) is in con, c.. with 'the adopfidSMia*i aawrebensive Nei gbbaz oodt Plan i 4b). :is -not contrary :to thw "s'stablithsd land use patternj ►�.::.. teD Will =Aot cite an io6lated: i4datsict unrelated) to :......... adincent and nearby districts; i •(d): : ws Isnotmot out of scale with:;t2w Weds of the neigh boLlwod ..... (e) . will... not ;��e39.7►. _ alter .the .. population .doeity Vattern. 'ter. increase • or.. a vertax :the load on. public facilities such as schools, Utilities, streets, etc.; (#I = in':nlecesgiry due to changed or cbsmging conditions (.g) will . riot o0weraely influence living conditiww in the neighborhood] (h) wiU .:not : create or excessively Increase - traffic _ Congestion or otherwise altect ..public Wetyj (i) will not crate . a drainage problem;, Ji �a) will opt seriously reftee light and air to adjacent area � 41c) will not adversely affect pzoperty vague in the adjacent area: (1) will not be a deterrent to the isprovWsnt or dev"Op unt of adjacent property in accord Math existing regulations; and (0) will not ca stitute a grant of special privilege to an indiviaml Owner so as to eowrcmise the protection ®E L ..tbe, ppb1S�; wllare. .. Section 3. `` ' �i$e Uo. ' '46 of the Sba3hg Atlas, apart of Ordinance No. 11000, as amended, the icing Ordinance of the City (XA E Mi.aii, .. Plojri.da, . by zf ete nc®r vied ' description in said Ordinance, :: 10 hereby amenftd to reflect the Changes cads neces$ary br 'this Aeend rent. _.. L 1.7 . .. . Sectiao .4. • . ' JL11 vrdtnances or pasts of oCdinances insofar as they aze 'inconsistent or ia.:canlliet: with the Provisions of this Ordinanci are l rab* repealed. r� s Sectio i 's. i :1E any sectich. part of section. pa ragrams clwme; phrase, or mazd of this, Ordinhnca is declared _ invalid# the -r ag i niwg provisions of this ordi.naAce*-.6lu ll not be affected. Section. G. Milt Ordinance sball become effOctivs after . final reading -and adoption thereat purbumAt to Section 163.3169, .Florida Statutes (1993). " - .; PASWWS . ai JPXM M .BY .'i'I : MMY' this Z4&h day of :Uttob�ar . :199s. � I .3. :.. I i M. ". .Wool PASM AND Aft CO BBC= AND VU" RRRDadg I11f T!TLB ONLY thin 1,�...th „ o! ,i%��b•� s,;1�. i O CAAOLLOo MAYOR 4;z a1z'l�9rs �'. i •y j .�..tt f !' !, •• PAPPAM A1fD bpRoy'k � M �� dN0 A...e •. ..r �. ..Y .r 11 y •i /'. ;�!1 l_I . C-2irm .An cnT JNTV a of APPFAYM AS TO 900 AM I •' CJ, i a.�....�.., • .44 11431 / W6 Mr-r "All CMUSOW 0XVIrLOPMUNT, %wc. D w Twaee A, VA"bew Plasa, Plat I0ek 1L3 as Pfas 44, avid Chad portion at Lot ® SR4 Lae; 9 L0I.. 12. 13. 1a avid 1.10 logo the South LO fC. w he;i 2% lying West od $9 32nd A`rea�aa (lsauon ld se.) amended Plat at the Teov wov &CGSAO aacordles to tho Mae .thercoz, "Goaded to t e boek "'a'• as Page 104 •! Cho ft&L Lo Roacoards of ®ado couazy. nert a. %Am* exams 1PDXC .oas of LOCQ 14 sad 19. 01oak 2%, • "3RQli >tOt�=1'P�RD 1130Z1t01LD" aoeastr4 vie the PLes Chaoeog ao sooewded in J61ac Book i LOg, of the xub]40 1 Gerdd• *9 fiade cowner• dft•-+beLog•."ANG •pale. it SONOZ&U-1 \/, ral lwas t ii'i�: i� '��• r U1' A acwjLp or land 1$ teat wide 17004 wLtUft dhs sawliUidoec of Ilse 1J and X Lveo between a lira 20 ooe past of and P&TAL VL titth Cho "Wood b eee�mn 11aao oL' S.N, 3204 AV4nu4 ns sheoa an PLas (T� t117) and the i.Lt7 �e 69 MontMontbean buIL"U-4 1104 rhiott Is 33 1!sse eac of cnt•I ecallal Uteh Cho a3as4ad a coeian 2Ane of S.W. 3 2nd Avewme , S6 OXCSZ-D&'& rcrea 09 a CLWGUlaa ocaw bav� a f Ir UIIs oas Xeec am% cw enc• Ubleh ara 33 lelee- tuNch at and 1 Le . vLch the costarZlne of Owand Aveama sad 33F ace WaoO of A" pp"Ak:Lxoz �ldh elect a woad t %. eeecLes 1d� sl:*: W. 33wd Ave+laa. A/2 ^ ALL of 234e a zi hoes boundary Irvine reductions _ a! •raec�rd)' bowde.cd I:y_.J2e;d /17�s 2'ilo=LAa Av�vu. 'Awewe NUA "Swoo eft Straw',. &COMIC Glove.. \ - ItLmmdL, Flaar•ldna _ t ors A mo' •_, 3,i6.'3.t 9• bo A. t0.12 X.13 1P, and the pest zi •seoe of Qu ls i,aek 2 , o:' 1►> ii IIAIOgsl'EAAI Ate, aeeoot�P cc+ vireo et•1at thewaoy, as wecow4ed La :. Izat some •2, at lacr\ 206, .o! cue Rab1to TAcards of IWAs Caanty. V2 *M-- -. .' L e a 1 11431 • i •1 ti N J-96-41P 12/12/99 ! m OmDl'bmm, 11221 A'PPAtIp012 (2) , AKMIDI110 7M iONM A1'd U OF TAM MOM=3 ORDIJUUIM OF ` M CM OF MIANI, FLORMhe ARTICL8 4, 82MOR 401, 8CHMML6 or AIB'MCT I mcinfaw1Om, BY CAMMING 2= SOWING CLASGIFIC LTICK F1tO<! a -a sxw=-FAMILY it89IDMETIAL TO 8D-1 ®OCOMM GROM COAL DIAL DI9MCr FOR MM MPIM LOCRTM) AT 3240 VLMUWA AVXM. MIAMI, MUM AM BY NAG ALL TM NiC Y OR PAOB _No.. ¢$...Qf.. $41D /SOKVM � ATLAB; }�C011MM ITV Tj_M y1it $TOl1, ( 1.. i�iM viM.� S9 • rim c"'�` �' AND P�iIDIM - R m YVB Iai1T9 J"' B the MIMaI boning board at its meeting of 9• 1. ii r: JWe '17', 1996, Iten No. 6, following an advertised bearing, adiopted Resolution No. � 31 69-�96, hg-a- -seven to zero (7-0) vote, i--OwmDY1AG DOU AL . of a cbange .of . s®aing classification, as hSrei�O,after set ::forth; and .. ..'. ; . UM Citg erica,' 106aths6a a0in4 the SaUMS Beards to ►datioa,. after cat&ful consideration of this wetter, down it advisable and the ` best' interest Of the general. welfare . of the* City of Miami' and its: iaiebitanta to grant CM mange .af scnini classification' as heere'inafter met forth; M we M XT 01MAnm By TBB f.'0mmom OF Ten cm OF MIAMI, PLORIMs 4 0 Section 1. The ZMUW Atlas of Drdivannce go. 11O000 as asswided,, the Soniag O rdinanse of the City of Miami, Florida, . Article 4, Section 401, Schedule of District Regulations, is h♦reW aRended by cbenging the saving classification cation f rap R-1 dits01e-Vft11y R4814 ntUa to SD-2 Coconut Crone Contrail Cas®exci.al District for the property located at 3240 norida Avenue, !Beni, Florida, leg+sily deecrfibed in 2z ibit "A" attached hereto and maths a part hereof. .. _. deCtian...2.• It. ..is b jr ..4. Ate_ jh&t this aa®iva i..�ic e<ssi.fication chxlgesr 'p 2• �� U? (i (a) is in contomity with the adopted Miami CaVrehansive lieiglaboaoboo 1 plans co�trssy to the estatilisbed:lsrid use pattern; _' • tc) '''4111 n®C create an iAs® ied ` dtaiiict unrelated* to ? 4'• adjaci�e cad nary distriCtej :i•... . (dl., is not-* ouut- of. • scale with. -tiie need = Of the neighi�ox'tooc* _ •: octheCtyp" will. not setexiaaly alter ' .10io " ` population density . pattern Cr • iocroase ors- - owextii -ti'e load on Public ficilxtieR' sich as sebools, utilities, streets, etc.; (I is'necesaiky lute to cnanged'�6i. gb* Conndi.ticros; idll not adversely intluence living conditions In the aieigi�or*iQo4� . _.: :.... :.:..; (h) Yll.i..I e'M create or excessively increase traffic • congestion 'o>; : otirexwi.ae affect pubife safety; (i) ;will ubt cieaite a drainwje •probl�&tl 4w (j) will not seriously areftee light and air to adjacent &rant (k9 will not adversely affect property value In the Wbaacent areaat . O (1) will not be a 4eterrent to the or development of adjacent property is accord with wdsting regulations a and (a) will not constitute a grant of special privilege to as owner so as to covWwomise the protection of J14.: .� the public13Eaire. section 3. Page No. 46 of the Zoning Rtlas, made a part Of No. 12000, an aaaaanLded, tLe Bening finance of the city of Niaaai. -' Fldrida; by referenard as 'tlesczrlption in swine ao J=nce; *is brxW�jW amea ded to reflect the changes read ceby thii, s Seeti.c"In 4. ' • ' :All ordinances cue parts of ordinances insofar as t� aareJacodaistent or -in c"hict witic the provisims of this ®ordinance are 'hexaaby &repealed Section S.• if any evictions pact of section, paoragraph, I clause: phrase; or word of this ordinance -Ad" declared invalid, the remaaining prcvisioas of this ftdinonCe 'asball -not ])a affected. j Section 6. ' :' : Tbie Ordinance shall became . effective i Coaciaric�atly' • with the of fectivc ._ dits- of - • its companion ••®aamparehensive ' Plan aaan story ordJiim ice IJM96431)which is now i -being•=ooamsidered -by -ttai.s City Ocatoti.eslivss for-: the ®saw parcel of p rt�r. fir, this ordinance a 1� iiot take effect until wich tiae ' as said coa pion. ordin■tee, 0#96-431, also takes ON 0 40 ri enact, attar Mai reading and adoption thereof, Pursuant to "etlan 263.31698 Inarida statutes (1995) . PALM OR rIRST 1tsMnW BY TITLE ONLY this 20—h day of OuLabace 1996. P' PASSED AM AWPM ON GROMM AND FnL%L RVOINGi BY TITL! WLY this Uth day of nwmlb=. 1996. JOB ChRobw, i&YOR a des TORp/ J. .� FORNIM MWAR19D AM APPROM BY: ., JCS , BLIMARD i�YN�,L . DRPOTY` CITY ANY APPROV® A8 TO FORM AND CORKS B: a1..�dlRi jam, III Wl4B:Sidi:ANX:BB$ 46 02/21/1997 11:21 3096732717 9044092109 iar COWWITr AFFAIRS PAGE el F-AE 01 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS vARMCV MANAGIAAINT a MOWNC AND COMMOVIV IDMLOPMINT a 61904Jl A PLANNING AND MANAGEWPuf tAWYON CWL1S C w Mr Jack L. Lutt, A1CP, Director Miami Department of Community Flamaing and Revitalisation P.0 Box 330708 Miami, Florida 33233.0709 Dear Mr. Ltlft. February 19, 1997 P"W Fax NOW 7671 1AMFS F. Ml1RUV kT"U" Ace LJlslf4nsL eUL car Colum"lilty Atf U$# (Eftpm W WAI.) La" as V,*.14%66"se7 rarr; • oftbe City's proposed comprehensive plan amendment received on January 24, 1997, DCA Refweace No. 97-1 The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (FAC). Io addition, the DsparimeW has not received any recommendation for review fmm the South Florida Regional Placating Council or any affected person regarding the proposed amendment Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments report will be waived The local government may proceed to immediately adopt the amendment. Also, pursuant to Chapter 163.3189(2xa), F.S., the Departincut recommends that the City include the following language in the adoption ordinance regarding the effective date of the adopted amendment (if the local government has been determined to be In-Compliance)- L1448 2&S5 SHUMAND 0A19 •OLULIVARD C TALLANASSEE, FLORIDA 22399.2100 c.0A1pA KEYS ARE. d stAT! t a SOt P FtOWA REGIMP 54.5 CAP4 SWM* AREA OF COMA STAY COKIRN IKO4FEI I to 80k402 IRIOC.VFX( • IMOVI-ImH Qv. Si11)11 WNW 3E#sm :4tta.S1,WAI A wig e 02/21/1997 11:21 H516732717 COONEY .. .. ...._._.,..��....,.�...� ._._ .... PAGE 02 •' 02/ 21 / 19'' 12: 27 1044993349 COMMUNITY tv AtFAIRS FW:vE a: Mr.'aak L. Luf1, A1CP, Director 41 Febnwy 19, W POP TWO _ "Tbe eve dew of this plan Amendinent sball be JU dde a final order is issued by the Depertment of Community AffWn fWdiA5 the anteaftent to be la compfte a in accordance witb Chapw 163,3114. F.S.; or the date a'`aal order it issued by tee Administratoa Commission hording the amea►dlnteat to be In emplianee iz accordance with Chapter 163.3134, F.S." Fardw. the Deparemen's notice of ham to fiord a plan amendmeot in compliance shall be deemed to be it ftd order if no timely petition "aging the amendment is filed. Any affeaed persc+r9 may file a petition with tho agency within 21 days after the publication of the notice pursuant to Chapter 163 31 W9), F. S. This latter abould bo made available fbr public inspection If you have gray question, please contact then Metcalf, the Community FroVmmn Administrator owseeing the review of the amendment, et (944) 487-4S4i. Sincerely, )"On • Mike McDacuiel Crrowhh Management Admiaieftwr Aurm of Loral Pleotlipg 1Vi wft ce Roberto tavwnia. Plum 11, Miami Community Planning and Revitalization Carolyn Dekle, Executive Director, SFRPC ei [A • PZ-6 smw name PLANNING FACT SHEET r APPLICANT ®nmo Camesella i APPLICATION DATE APO 02, 19si6 REQUESTILOCATiON Approximatey 3240 Florida Avenge. LEGAL DESCRIPTION (Complete kqW description on file with the Tearing Boards Office) PETITION at emending dw CNy of Miami Futons Land use Map & the Coffpfahenshm AblphI fed Flan by changing the land use designebw of the pmpody located at approximately 3240 Florida Avenue , from 'Sb& Family Resid~ to 'Restrictod Comaserpal" BACKGROUND AND ANALYSIS Denial. See attached amd issis. PLANNING ADVISORY BOARD Denial. VOTE: 8-0. CITY COMMISSION Passed First Baading on CC 10/24/96. . APPLICATION NUMBER 96-M may Is,1996 Page 1 11449 cn: ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 3240 FLORIDA AVENUE. Application No. 96-3. DISCUSSION Tine 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 Re- stricted Commercial . The subject property consist of a 0.78 acre parcel , Tract "A" of RAINBOW PLAZA SUBDIVISION (117 - 88), occupying the north half of the block bounded by Florida Avenue and Grand Avenue between McDonald Street and Margaret Street. 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 is to the north and west, to the east, the area is designated Medium Density Residential and, to the south and southeast, the area is designated Restricted Commercial. The Single Fancily Residential land use category allows single family structures of one dwelling unit each, to a maximum of 9 dwelling units per acre. Supporting services such as foster homes and family day care homes for children and/or adults; and commu- nity based residential facilities (6 clients or less), not including drug, alcohol of correc- tional rehabilitation facilities also will be allowed . Places of worship, primary and sec- ondary schools, day care centers for children and adults may be permissible in suitable locations. The Restricted Commercial category accommodates commercial activities that gener- ally serve the daily retailing and service needs of the public, typically requiring easy ac- cess 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 ho- tels; community based residential facilities; offices; major sports and exhibition or enter- tainment facilities; places of warship and primary and secondary schools. Mixed -uses 11448 a•a: ,--N containing commercial, office and/or residential are also permissible within this land use designation. The Department of Community Planning and Revitalisation is recommending IDENL4 L of the application as presented based on the following findings: • It is found that the increased densities of the commercial activities intruding into the existing residential neighborhood created by this amendment are not consistent with the future low density residential use pattern proposed for the area actually desig- nated Single Family Residential. • It is found that a change such as the proposed is in conflict with MCNP Land Use Policy 1.1.3. which rewires that all the area of the City be protected from encroach- ment of incompatible land uses. • It is found that this application is also in conflict with 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. • It is found that at the present time, the Restricted Commercial areas, south and south- east of the subject property have sufficient capacity to accommodate commercial uses. These findings support the position that the existing land use pattern in this neighborhood should remain unchanged. . It should be stated however, that whereas MCNP Land Use Policy 1.1.1. requires devel- opment 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 Pol- icy 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 11448 CONCIIRRENCY MANAGEMENT ANALY&I CITY OF MIAMI CONMAWTY PLANNING AND REVITALIZATION DEPARTMEMT Proposal No.: BS•3 IMPACT OF MIOPOSEO AMENDMENT TO LAND USE MAP Dow: 04115155 WITMIN A TRANSPORTATION CORRIDOR AMEMDMENT INFORMATION CONCURAINCY ANALYSIS AD~: Bneno Cwr4f@" Address: 3240 Flo & Ave. Boundary Strove: North: FWids Ave. East: IE4coomm St. South: West: Mrpsnt $t. E,Wft Ossionstion, mawnnrm Larvd Use Intensity Rssidrn¢isl 0.78 saes S Dwane 7 DU's Pea New Pereon•Ttip Generation. Rssidw" 10 Other 0 aq.ft.0 0 FAR 0 sq.ft. Peak Now FMrson•Trip Generation, Other 0 Proposed DealBr+stiOM Ma*mm Land Use Ir*araky Residential 0.78 sass 16o Dwane 117 DU•s Peak Noun Person•Trip Generation. Rssidrnral 0 sg.ft.V 0 FAR Nib 0 sq.ft. Ott 0 Peak Heppe Pereon•Ttip Generation. Other Net kmernom With Proposed Chan: 283 iPopulation i D UNb 110 58 Peak Hour Permon-Trips i PjWW&V District county Wastewater Collection Zane Grove 310 i Drsuns9s &Ocw vm Basin Solid Watt C0%@Cti0n Routs 45 Trroh�n Corridor None � S. pixie RELEVANT MCNP GOALS. OBJECTIVES, AND POLICIES RECREATION AND OPEN SPACE 263 PopuAatnnn kncremarm, RomlMllnte 0.37 Space Raawrermerrt, we 66.12 ExaeM Capacity lWore Chsngs Excess Capacity After Ch amp 64.12 ' 76 Concumeecy Ch$Ckoff OK POTABLE WATER TRANSMISSION fteldents 203PoNstion I 53,313 Tfortsmaln �."d C01140 1114101 ChVW > 2% above dsnrnd Excess y Excels Capacity After Claw > 2% sbvw dwrWW Coneunancy Checkoff OK j SANITARY SEWER TRAM mta Reelee populationyam' Transmission Requinnant, ppd Before Cherve 90 62.293 1 Sea Note 1. Excess Capacity Excess Capacity After Chomps Saes Nos 1. i Cotncu mar y Checkoff WASH Pont Rsgk*W i STORM SEWER CAPACITY EnfEuatior► System Before Cha np Om site Exfitratiom Systern After Change On•sita OK Concurtwey Checkoff SOLD WASTE COLLECTION Rsardrtf; 283 Population irneraenarIL Soled Waste Generation, tornstow 3f12 500 -� Excess Csp=W Before Charnge Excess Capacity After ChwW C.onaxrMcY Checkoff 136 OK Land Use Policy 1.1.1 i TRAFFIC CIRCIJIATfON CIE poky 1.2.3 Population kncrenntent, PA068 s 233 1 P**44ow Person -Trip Generation C 1 LOS Before Chanps C 1 I LOS After Change IConCunvncy Checkoff OK t MOTES j PopUlKion bnerarnaertaa amned to be as rraw raaWW#A ltiak aoriod sip i j 1. Pan d for sanitary sewer Connection most be issued by t it twain on ITE Trip Garbndon. nth Eden at 1.4 pen owr'apa acou" cy Matio•Oada Water and Sever Authority Dapartrmsnt (WASAI. i era tin p vshidn• Ttarraoewion C.anidoe a grd LOS arc Iron+ i ' fmorL Excess Capacity, if any, is currently not known Tads rT•21R11. Trarrpareaa+on : "W an in aeeordaeroa with WA Pomw Vogue d ventrwaa trswr4MM i L%vo4m" County steers emm:1 xw aid we NOW" Coneet. Sunica eorrnetiaw to i wow ad gnu m*w an Smoned to ba or ads*ww aiaa: it na, new earwetlans j an no be irwtasad at owew s sxOUMtr• aewewd with Ropoaud OWW I Rucngionlooln Span unaae requirwrAm feu I numm. CM 1 IM 03/13/90 5 I t 4 4 8 M. 1. 6..�� �� �� �� ram. �� �� ' "� ­ mw woww 6" M01.7 Omm-- irl�rt .i. pill m �l�ll�l 111 ....���i m low. m 11 1111lII111 1111111.11 1111111 ��r���--: �,■ M� Hill. HIM w+���W1 i 177-M oil Ii : �11111 �1111�1� �11111111 /,�j . //j����V �� MUM m . 11111 -1 1:12 OUP RIP1141 PJI .110�111 h-1 t�..r.�-- � .' III .. ,,,, = •� • .� � � . 41111 ;.. IT-. r .,; - I ImIll *1 ClEm" 1 rrr71j'1 T-7. wo N -inn I F i r W16.4 I int, 3f� � t• 1+' '.i Application I Date: p'(i 04 CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 215 N.M. 2 STREET MIAMI, FLORIDA 11128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORROOD 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 (S) years or more often than once in two (2) years. adopted comprehensive 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 amandeent or addition, it ay on its own motion, direct the Planning Department to prepare such amendmant for submission to and review by the Planning Advisory Board. The Planning Advisory Ward shall make a recomw ation on the proposed plan amendment to the City Comaission 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 ( ) Zoning Board ( ) Other a Please Specify:�� The subject property is located at AND MORE PARTICULARLY DESCRIBED AS: block($) Subdivisi.�. Page I of 3 11448 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 gimi for the following mendma t(s) to the Mimi CWrehensive Neighborhood Plan for the above -described property as indicated in the land Use Plan: FRM: r• Please supply a statement indicating why you think the existing plan designation is inappropriate: Please supply a statement justifying your request to change the plan to your requested plan designation. What is the acreage of the property being requested for a change in plan designation? 14 Page Z of 3 I1448 one Ji He% the designation of this property been changed in the last year? 00 you own any other property within 200 feet of the subject property? — If yes, has this other property been granted a change in plan designation within the last twelve months? AAD Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? Have you filed with the Planning and Zoning Boards Administration Departnent: Affidavit of ownership? YgS —_ List of owners of p erty within 375 feet of the subject property? ION Disclosure of ownership fore? 10 . if please supply them. SIGNATURE NAME DATE -� ADDRESS io/ice �~ 741 STATE OF FLORIDA } SS: COUNTY OF DATE } being duly sworn, deposes and says that he is the (Owner) (Authorized Agent for Owner) of the real property described above: that he 'read the foregoing answers and that the same are true and complete; and (if acting as ag owner) that he has authority to execute this petition on behalf of the owner. SWORN TO AND SUBSCRIBED before aim this _7— day of 0 19�(�4 MY COMMISSION EXPIRES: Computation of Fee: Receipt 1: QSTFiER I SALIVA AR,y ptSBLIO grATE OF FLOP COMNSWON NO. CC3 Page 3 of 3 Notary PIMic. State o"rarjfa at Large /57 11448 eao Summary of Intention for the Expansion of the Farmer's Market at Coconut Grove: Inappropriate zoning of property: At the present time, the subject property is zoned to allow the construction of In (1) single family residence (RI). Considering the fact that this particular lot is approximately 3S,000 s.f in area, and the abutting property is zoned SD-2, the present R1 zoning is totally inconsistent with the contiguous, adjacent property. Proposed zoning designation: The economy of Coconut Grove, while expanding and maturing, shows continuing signs of unequal distribution of its benefits. The Farmer's Market project will facilitate socio-economic interaction and economic development, with positive implications for the individual and collective well-being of the surrounding area. The creation of a moderate commercial area which provides a much needed affordable retail establishment, will entice future job location and enhance neighborhood planning without bringing negative impact to the community infrastructure. One of the permits to move ahead with this project seeks the rezoning from residential to commercial of the back portion of the property that faces Florida Avenue. However to assure that this portion of the property remains residentially compatible, the request for the rezoning covenants and deeds that in perpetuity, some 27,300 gross square feet would remain residential. As the foregoing suggest, every effort has been made to make the Farmer's Market Project community friendly and beneficial. Specifically, it will provide parking and activity in the western section of Commodore Plaza where it is definitely needed. Additionally, it will provide parking for new and existing business on western Grand Avenue. It will also provide parking which will begin to lessen the general traffic congestion in the Grove and also the illegal swale parking that is so problematiclor the residents of the Center Grove. For these reasons, the Farmer's Market Project has been wholeheartedly endorsed by the Elizabeth Plater-Zyberk Planning team, and will be included in their Master Planning Study for Coconut Grove. This project will enhance diverse areas in Coconut Grove, and solve some of our community's current needs. / 1 11448 4 A F F 1 0 A V I T $TAT[ OF F6i0 IDA } } 33 COINfTT OF OAm - } WON 00, the undersigned authority, this day personally appeared �a1t>QWmsa , who being by me first duly sworn, upon oath, deposes wd saprs: • 1. That he is the owner, or the legal representative of the owner, unbmitting' tM accompanying application for a public hearing as required by Ordinance 11000 of tM Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages atte" to•thi!•affidavit and made &'part thereof. , 2.That all owners which h* represents, if any, have given their teal and complete peWssiom for him to act in their behalf for the chest or modifica- tion of a classification or regulation of zoning as set out in the accompanging petition. 3. That the pages attached hereto and made a part of this affidavit contain the currant names, mailing addresses, phone numbers and legal descriptions for the the real property of which M is the owner or legal representative. 4. The facts as represented in the applicati documents submitted in conjunction with this affidavit are true and co Further' Affient sayeth not. Sworn to and Subscribed before me . ^� • �: PU OFFMIAL NOTARY SEA` this day Of 19 6 } 2 ! . •��'��'n sAReARA SANJURJO • * COMMISSION NUU§aR CC364855 • T*`HQ My COMMISSION EXP. 00"i OC F.0 ' PR. 17 1 SO Motary public, tata of Jlorida,,a avW NY Commission Expires: 11448 OWNER'S LIST Owner's Naoe0�'Id� �y/'i'% �tok %(.�� ono tiailing Address �� �7GS /� 6�. Y_ a % �; /+ s � Telephone Nuober Legal Description: —rledt 1�01C_ �7�"�/��!�-i <<•� ���` 2 P/17— t5c Owner's Nut Mailing Address Telephone Nua w Legal Description: Owner's Name 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 Street Address Street Address �w Legal Description Legal Description I Iq 11448 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: TRACT A, RAINBOW PLAZA, RLAT BOOK 117 PAGE 88, DADE COUNTY PUBLIC RECORDS, STATE OF FLORIDA 2. Owner(s) of subject real property and percentage of ownership. Noter City of liiami Ordinance No. 9419 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 Comlwission. Accordingly, question I2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested rties.� toog�ether with their addresses and proportionate interest. The owner of the propert; s FARMISR'S MARKET AT COCONUT GROVE, L.C., A Florida Limited Liabilit- Company, whose members are H.W. Allen Sweeny, Villa 500 2000 S. Bayshore Drive, Miami, F1 33133 who has a 78% interest, Sky Smith, Suite 100, 2400 S. Dixie Highway, Miami, F1 33133, who has an 11% interest, and Thomas G Sherman, as Trustee, 218 Almeria Ave., Coral Gables, F1 33134 who has an 11• interest. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 375 feet of the subject real property. . All of that portion of Lot b and Lo05)and through 15, Block 21, Plat Boc B at page 106, address 3215 and 3 Ave., Coco ut Grove, Fl. THOMAS G . SHERMANT ' AS . T1=T=- •MAIf�iGER, FARMER'S MARKET AT COCONUT GROVE, L.C. STATE OF FLNIDA } SS: COCW OF DADE } T13OMAS G. SHERMAh.. • being duly sworn, deposes and says that he is the (Please Print) (Owner) (Attorney for Owner) of the real property described in answer to question #1 above; that he has read the forego answers and that the $am are twee and complete and (if acting a$ attorney f0 that he has authority to execrate the disclosure of Ownership form on behalf o or* I (SEAL) Signature of Owner or Atto7* for Owner SNOAl1 70 AND SUBSCRIBED before Y# this 7 "0`0 w� day of -AM , 19 Notary Public. State of NY COMISSION EXPIRES: �• . NOTARY SEAT. BARBARA SANJURJO �• ; COMMISSION NUMBER < CC364855 Y ti MY COMMISSION EXP. 01 .y^ pro APR, 17 1998 11448 LAW Off%= of SCAN & CASTRO A pimp of Proieosl000D Adooa 218 ALWRIA AVENUE CORAL GABLES, FLORIDA 33134 Thowaa G.Shumu, P.A. Tekpbew (305) 448-3898 Jmm 7, 1996 TERESITA FERNANDEZ CHIEF, ZONING HEARING BOARD CITY OF BHIAMI VIA HAND DELIVERY Tdefa: (304) 4454458 Re: Zoning change application for FARMERS MARKET AT COCONUT GROVE, L.C. Dear Ms. Fernandez: This will confirm that the above applicant is a Florida limited liability company, and as such no shares of stock exist as in a corporation. Rather, this is similar to a partnership. The "members" are the owners. Bruno Carnesella is the beneficial owner of the interest which I hold as trustee, and is also a manager of the company, and as such, is legally authorized to represent the company. In connection with the upcoming hearing, attached please find letters of support of the proposed zoning change. Please further questions regarding this matter. X1 11448 lbso me G. 8wwmm4 Rsquin 8lherwma • Come 211 Ahwerb Avenue Cwal Gabbs. Rini& 33134 KNOW ALL MEW BY THESE PRESENTS THAT 1. FARMERS MARKET AT COCONUT GROVE. L.C.. a Limiaad Liability Coagany Me einafdr FARMER'S MARERT L.C.) ban made. aronwimase I and appoiRsed. and by dheae praenta don mail s. comrtitm and appoint BRUNO CARNESEI.LA. its a nag:. as its true and bwfit amormey for it and in its name. Planes and sesads. and mote partiaularty to represent FARMERS MARKET L.C. m c ounction with the zoning clm p application with the City of Mum with reapact to the following teal property: TRACT A. RAINBOW PLAZA. PLAT BOOR 117 AT PAGE 88.OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. including the euec Lion of necessary documents to c000eofson tbmewirh. Giving and granting unto BRUNO CARNESELLA. said attorney W pother and aotbority to do and Palos- all ad every act and thing wbamorva mquis and necessary to be dome in and about the premise: as fitly. to al iotenra ad purposes, as [(we) ndgk or could do if personally present, with fait power of subimum and revocation. hereby ratifying and codirmiati al that BRUNO CARNESELLA, said anormey or submimae shW 1awlbly do or emu to be dome by vhue baeaf. IN Wl'['NESS WHEREOF. I have 6moato set my hand and seal thus 97 111"day of Jtme. 1996. Sealed and deliveMd in the prl:aeaoe of: n, FARMERS MA'TAT GROVE. L.C.. a LimLiability lbomas G. She nrTTojiety its member and-aaager STATE OF FLORIDA COUNTY OF DADE BE IT SNOWN, thou an ft %±dey or rsoe. IM. bd= M pwww* ore and appeuad THOMAS G. SHERMAN. TRUSTEE. MEMDER AND MANAGER or FARMERS MARKET AT COCONUT GROVE LC.. a Tamw Li* ty Company. to me patmQ7 emottn, and rmoirn so me to be the name pmm daaaaN k and atho aaataiaad ova powr of tammey. and do admot bW the pm w of am my to be bw so and dm& IN TESTIMONY V40LEOF. T hen m6ur" rep nose m d amnd or ad of offim the day sod yaw ter= dhow ry ZV ,,aY PV 0 NOTAav CAE• Stye of at 0�. nANS"A SANJYRJO : MY Cqm'j'jOn W-; t N �T:� y.� s tbrfdSagNYYnt OA� coo� 7fNtR►7-1 aItl PR 11 Ge 11448 ' .a: oft The Former's Market it Ce0ead GPe91er L& To Whom It May Concern: I am as the Treasurer and major shareholder in the Farmer's Market at Coconut Grove L.C. Mr. Bruno Carnesella, serves as an employee of this organization as Operations Manager and, in that opacity, is authorized to act on behalf of the company in all matters pertaining to plans, permitting, and zoning. Allen Sweeny April 4, 1996 W00 Se. egboro Drina #50 te, Comod Grove, Florida 33133 ?& ToU (305) 854-5601 rd F&L: (305) $54-9496 : 23 11448 a�F MINUTES OF SPECIAL MSSTING OF THE SHAREHOLDER / MANAGERS OF FARNMS KAR = AT COCONUT GROV.9 L . C'. i .1 : i The special meeting of the Shareholder/Managers of the above captioned Company was held on the date, time and at the place set forth in the written waiver of notice signed by all the Shareholders, fixing such time and place, and prefixed to the minutes of this meeting. The greeting was called to order by the General Counsel with all shareholders, and organizers in attendance and the following matters were presented to the meeting. 1. Authorization for general counsel to prepare agreement between shareholders of Company regarding potential distribution of proceeds from operations of Company. 2. Authorization for Bruno Carnesella to act as manager and authorized agent for Tom Sherman, Esq. in all matters relating to affairs of Company. 3. Establishment of shareholder Allen Sweeny to act as Treasurer for the Company and to authorize his opening of a bank account at Florida International Bank in the name of the Company. 4. Authorization for the purchase and acquisition of that property in the name of FARMERS MARKET AT COCONUT GROVE L.C., currently under contract for sale and purchase by Thomas G. Sherman, as Trustee, and/or assigns and Arturo L. Comas, Arturo F Comas, Alfredo Comas and Peacock Investments, described further as Tax Folio 01412100732900/ 014121E0732800/ 0141211160010E and Legally described as Tract "A", RAINBOW PLAZA, according to the plat thereof as recorded in Plat Book 117 at Page 88 of Public Records of Dade County, Florida. S. Authorization for Bruno Carnesella to conduct all business necessary as the operating manager for the development of the aforedescribed property, consistent with the business direction of all manager/ shareholders. After discussion, upon motion duly made, seconded and carried, it was RESOLVED, 1. General counsel and shareholder, Sky E. Smith, Esq. 11448 .1r.0, shall take all steps necessary to prepare documents in accordance with the understandings acceptable to all shareholders of an agreement for distributions. He shall also act as secretary for the drafting, of all Company records and shareholder minutes without the necessity of further shareholder approval. 2. Bruno Carnesella shall act as authorized agent and manager in the absence of Tom G.Sherman, Ssq, Trustee with all concomitant powers, rights, and authority otherwise accorded Tom G. Sherman, Esq. Trustee. 3. Shareholder Allen Sweeny is approved unanimously to act as Treasurer and it was RESOLVED that he establish such banking accounts as necessary upon such terms as he shall deem appropriate 4. Approval for the purchase of the property described above was unanimously agreed and RESOLVED that the managers or such other persons as they may designate are hereby authorized, empowered and directed to take any and all action necessary or desirable to achieve this purchase. The form of this resolution shall be drafted by the General Counsel in accordance with the agreement of shareholders particularly authorizing the purchase of this property on behalf of the Company by Tom G. Sherman. S. Bruno Carnesella was approved to act as operating manager for the development of the property after purchase subject to the instructions and business intentions of the shareholders. There being no further business to come before the meeting, upon motion duly made, seconded and carried, the same was adjourned. SKY EG SMITH, ESQ . .... Secretary a General Counsel 25 11448 .-4; M8, the undersigned, being all of the shareholders and joint managers, hereby agree and consent that a spbcial meeting of the shareholders be held on the date and time and at the place designated hereunder, and do hereby naive all notice whatsoever of such meeting and of any adjournment or adjournments thereof. We do further agree and consent that any and all lawful business may be transacted at such meeting or at any adjournment or adjournments thereof as may be deemed advisable by the Directors present thereat. Any business transacted at such meeting or at any adjournment or adjournments thereof shall be valid and legal and of the same force and effect as if such meeting or adjournment meeting were held after notice. Place of Meeting: Law Offices of Sky S. Smith, Esq. 2400 So Dixie Highway Miami, F1. 33133 Date of Meeting: March 8, 1996 Time of Meeting: 12.1?0& Purpose of Meeting: Electing Officers and transacting such other business as may come before the meeting. Dated: March 8, 1996 Tom , ssq. w"Erss 11448 119CURN TQ: 'I'1•IOMAS G. SHERMAN, Q. SHERMAN & CASTRO 218 Almeria Avenue Coral Gables, F1. 33134 JAN K. SEIDEN. ESQ. 2250 SW Third Ave. Sth Pi. Miami, Fl. 33129 4 1maiiiiiiiiilli PROPERTY APPRAISERS PARCEL 01-4121-116-0010; 01-4121.0070.3280; 01-4121-(K)7-:t2()0 SOCIAL SECURITY NO. (GRAN-' : - '): THIS WARRANTY DEEDntss�lc slse .%L��lay of March, 19%, by o,QR;f[11&0 r-. COMAS, a married ratan. ARTiW L. C(►MAS..:t. iactLomn. a1w ALFRED0 J. COMAS a single man— hereinafter called thu grs iwi-, to bJARKCT Al COCONUT GROVE. L.C.. a Florida Limilgd I..iahjl;ty, c ;1•kn1p:my,- and whose post office address is:_ C/O SHEMAN, A CA�'18 FL. 33134 hereinafter called the grantee: (Wherever issed hercin the terms "grantors " and "grantee" include all parties to this instrument anti die heir%. legal representative and assigns of individuals. and the successors sond assign of corliorations). t. WITNESSETH: That the grantor, for WILL in consideration of the sum of $10.00 and other valuable considerations, receilzt where"►I' is lierelwy acknowledged, hereby grants, bargains. sells, aliens, remises, releases, conveys and emifirsns unto the grantee, all that certain land situate in „ adC _Couwy, I oriel a: SEE LEGAL DESCRIP110N OF PROPERTY ATTACHED HER101f() AS EXIIIR1T "All. NOIC., The subject property hereho is auN. and never ha4 been, the homestead of any Grantor, nor Is the property now, or ever been, contlSous to the homestead of :any Grantor. SUBJECT 10; 1. Governmental zoning laws and restriesions; plat restrictions and limitations; dedications. restrictions, limitations anal dsiscmesns of record. 2. Real Property Taxes for 1996 and all rulitecluent years. T 11448 —IN, 3. Purchase Money Balloon First Nlor py.e. 4. Building Lease with Grove Meal P'-tis, Mr., :► 1' oridal Corporation, doled Fthruary 22. 1994. TOGETHER with all the tenement., herc►!iuunews alnd appurtenances thereto belonging or in anywise appertaining. TO IIAVE' AND TO [•lt)LD. the s:u►►c in Ice sinihle forever. AND the grantor hereby covenants wilh said grantees (lot the grantor is lawfully seized of said land in fee simple; that the r,lanlor hw. good right and lawful authority to sell and convey said land; that the grantor herchy fully warrants the title to said land and will defend the same against the lawful claims cal' all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31. 19�5 . N IN WITNESS WHEREOF, the mdd grantor has signed and sealed these presents the day and year first above written. SIGNED. SEALED & DELIVERED IN OUR PRESENCE:(as to all Grantors) Prim Name: Ald'I IIRtD K COMAS, a married man Address: 4(N) S. Matihla Drive _F:�y lii h fin•.. ICI. t, .LIT) Print Nam11R(y I,. C'0MAS. a single man 6ildren: 400 S. Mashta Drive Key lflwayne. 1-1. 3,3149 Print Nanw•!&1=dn .T T. Cnma aogi nqle man Adtlrtss: 4(X) S.M.hga I)rive I:�.y I►i�s•:ynr. I�I, jL:tt•19 u 0 '•if .n�iS R c.1 r 139?14386 e.. �q STATE OF FLORMA COUNTY OF DADE I HERMY CERTIFY that on this day, before me, an officer duly authorized to take sclmowledgtnents, personally appeared AWREM-J -CO to the kno to be the persons)=In and who produced (type • of identification) as identification and who did take an oath. my h ands Li�ountyand State aforesaid th' y of6. .. MY COMMIYSSION EXPIRES: eraa o aaseee NOTARY PUBUC, State of Florida �1111wmmINWWC EL ' TMti iFF:1TI.'+9F4887 NERM UT "All a.. COAMOW JDZV 7MZ=, XNC. ) T ract A, Itafabow Plaza, Plat nook 117 at pass Us and %bat portion of Lot 3 and Lots 9 10 11. 12, 13, id and 1.� LOSS the South 10 f t . 3n is-Loa21 1� g West of XT 31nd Avenue (XWosald St.) ausnded Piet -of the .F ow Ummetoad, according to the PIZ thewsof, .a:oord" In llae book "b•• at Page I.06 of the Public records of Dade County, 9'lorida. Y.oass •itioio powtLome of Lots 14 Sad 15, block 21. • .80MSAHED's . scco to the Plat thereof as recorded sn Plat boo Page 104, of the Pub2t o records of tads County, Florida, boing mare pa:•t3cvlawly described as ro110m r A atr4p ' of land 15 fast taide L LUX wtthias the 'aeeiaaindew of Lot 13 and 17.ug between a line 20 float West Of =Ld Pao:allel with. the agmsed pie sea ion • ].ins► of S.W. 32nd Avenue as shown on Plat (7-117) acnd . the Mew of Mlamr.L bass building tans which is •33 goat Nest of and 3arallel with the agreed Ai section line of S.W. 32nd Avenue. and The externl eras of a circular cusvo having a radius of 25 feet and taw into which are 33 Cost Forth of and parallel with tho centerline of brand Avenue and 35 feet West of and paw&lliml vift the. agreed % seceiLon Pisa of S.W. 32nd Aver se. A/X/A• All of 3lock 21 Clean boundary bees redactions of second) bordered by 32nd Avenue, Vlowida Avenue, Grand Avenue and Ma=3axst Street, Cocomst Pacove, Musa... Florida,. POSY _LEGALLY_ DE9CP-TZM AS a Lozi A 3, 2, 3,4,5.6.7.8,9 10.11 12 1314 and the 7L West 16 feet of ot . 15 In BiocU 21 ok r UOMS=PM iaceordsP S co Cho' Plat thearadf, , as recorded In Plant ZDZU a . at pa e. 1C 6 , of the Public 2eco�rds of made County. 7lari a. RECCRM#jOpIc, pgcoomamm gxmF11; piQwA RECMVERVO HARVEY RUVIN Cawcamrcouar 11448 i; mi: . a .. -CID ma's. , a ���� � ..x� . a PIORMA DSPARTANT OF STATE sumira R. martham smomy Of9b" March 5,1 M Slur E. SMITH. ESQ. STE.100, 2400 S. DIXIE HWY. MIAMI, FL 33133 . jorcl ... The Articles of Organization for FARMERS MARKET AT COCONUT GROVE L.C. were filed on March 1.1996, and anigned document number L.96000000246. Please refer to this number whenever col loW iding with this office. The certification you requested is enclosed. A limited liability annual report will be due this ofltoe between January 1 and May 1 of ffye year following the calendar year of the We date. A Federal Employer Ilion (FEI) number will be nequired before this report can be fried. Please apply NOW with the Internal Revenue Service by callkv 1 6 and requesting form SS-4. Please be aware if the limited liability company address changes, it is the responsibMity of the limited liability to notify this office. Should you have any questions regarding this matter, please telephone (904) 467-60M, the New Piing Section. . Dent Specialist Division of Corporations Letter Number. 79BA00009622 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida =14 16 .. M MM la - 7,. . • • OOb WI 1 M +A WWLL.P1NfV � -v4z I C=4-40 (to of ta0, nd of fate I certify from the records of this office than FARMERS MARKET AT COCONUT GROVE L.C., is a limited lability company organized under the lawns of the State of Florida: filed on March 1,1996. The document number of this company is L96000000248. further certify that said company has paid all fees due this office through Decernber 31,1996, and 4 status is acfiroe. Ohm utbsraet hatb unb thm (6► Wtosad of t� of 340ribs. at C. 'Et &Pitcl, i4ifi the Fifth bag Of March, 1996 ati Ii448 .'.'r a,' d'fl % •.1 1d • & - iI1 .N . s • I '. .iiY..w�`� ?'w I . —*N.r . V .0" U." - W 6tat e Ls{ of ftdr 1 certify the attached is a two and correct copy of the Articles of Organization of FARMERS MARKET AT COCONUT GROVE L.C., a Itnni ed liability company organized under the hw a of the staff of Ftorfda, filed on March 1.1 qw, as Awn by the records of this office. The document number of this limited liability company is L9600000024a. =bw 4mbabth't A=dofiaf ad gabh.wagg. *dft t1w. Fifth Of March,1 M _2"9s, 31 11448 RESOLUTION PAB - 27-96. A RESOLUTION RECOMMENDING DENIAL OF AMENDING ORDINANCE 10544. AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000, FUTURE'LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 3240 FLORIDA AVENUE. FROM SINGLE-FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. HEARING DATE: May 15, 1996 VOTE: G-0. JACi LOFT, DMCIM Cmm=Tir Pl A1Df m 6 RMTALIZATION DEPA M28M mr-i 711 401 �Itftv of 4H tana IACK L. LUFT o. Dlv Oor •ere • 1 December 24. 1997 Mr. Robert Pennock, Chief Florida Dement 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 LAW Scale Amendments to the Miami Congx dmnive Neighborhood Plan 19W2000. Dear Mr. Pennock: EDWARD MARQUEZ City Manapt On January 13, 1997, the City of Miami transmitted to DCA the 19% Package of Proposed Amendments to the Mimi Comprehensive Neighborhood Plan 19W2000 (MCNP). On January 22, 1997, we received a letter from D. Ray Eubanks, Planning Manager, DCA, finding our Package incomplete because it does not inchrde all of the required information. Purslramt to rule 9J-11, 006(1)(ax3R Florida Administrative Code, the City of Miami, in this submittal does not request formal review and an ORC report. IC in the review process, them are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Depanment of Community Planning and Revitalization at (305) 416-1400. Si ly, L. Lu�fktA IC Director JI./rl/bl cc: Walter Foeman, City Clerk Joel Edward Maxwell, Deputy City Attorney Loiudes Siazyk, Assistant Director, CPR Clack P. Turner, Planner IL CPR Roberto Lavernia, Planner 11, CPR � >s mot, ; rn C T r— y 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-14OWielecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 w MIIAMI DAILY BUSINESS REVIEW Published Daily "ospt Saturday, Sunday and MW . DDeds o ". Nands. STATIC OF FLORIDA COUNTY OF DADL Saftre OCtelma ti autht " pereondly appeared rMyts. who on nath says that she Is the supetvlaor. Legal Nauss of the Mimi Dolly Susiness IlsMaw NO MO N Ilstrlsw, a dell► (a cept Sahwdey, Sunday ON Legal IiolMMyy newspop I A11 lad at Mleft In Deft County, Ftorlds. that the astaehad Copy of g&jwUg@mwj% b/Qq s Le" AdneNamant of lbUes Ingo matter of CITY OF MIAMI ORDINANCE NO. 11448 In the .�...�.....__ .. cou►t, Ives published In said nalamw in the issues of Apr 8, 1997 Afllant fUfIlar says Ilia Ila said MNsml Deily business Revtew Is o nswsp@W published at M Wnl In said Deft bw 00n1linuously Im" od In seld Deft County,, Flork% sech day (axospa Saturday, Sunday and Leprl Noldays) and has bash entered n ssootld doss mall notlet• at the past Calico in ill 'in sdd Della County, Flotilla, for a psrlod at one yaw nsxt pteoedrq #w fist pubNallon of ft attached Copy of ant; and afAsnt UVW says that she has naltftsr peld nor prennteed tray pwsoaaw Cr corporaom any dhm3ocmbsok wm 9advet4t IWPM an theIllesald 7 b and subsofted balm na this 8 April 97 (f1EAL) kl_% Odel m V. Fenbeyns Ps►m++Nll e ! iAf1ETT LLER£NA 1 CoWesN uUNet7t aO k Q Cc566004 M",IUN��zoo� s a�A 0111 VOF 1pk^ VL Lma r AM M111Sd1S as am in" to an M will IWO AiAlm cry, tSl7. Mdl I�ail111trlMln W 1�4, NMfIl�1�, �M fhS � a1N QIIDMW� /EAp�M�T1,• ' j lMr &W OF 111E CO(I/nl�� i iOIMMiOM I�I�AN llonceNM�Er anmilmmomku w4m IWANX TA/MA! A l AIM A /i v 1711+11AE: AIM Pl1OAA�lgDA AN �FWGTIME QU1Ti. ., PJ T Ali . GfO�dAI10E Tin i�RlllM tI►00 UN MiP,a° Tin NtIMne _ 00111 PLO Sly CiIANf a we aig w D�mw trim P�r�r�,�cA�alA�al�aolowr►�raw�(Nouel+:.:,: 10 MMawlelft_ ECTeI="MP t+UlM1aA COMMAYMAIIOM�ON Ai®AYER- AM M CLAUM MAD PIgY®!10 FOR All OVICM DATE. tL 1TMA AN CfONfilM l Z101fiN iji" iOE WHIM ORDIN IQCE OFIM 10" OF NNK 1 Fi e c m FIM�M h1i Ai�lf li�L�T� PROPiAttll t�OCATiO.Air . CIWRt�' Clr PA�.MO. fi0 � !IlMD,�14�0 AaIA� f�'d1TA1M1(1 A I�JILdt-M�OM1IIOIOir A/Q A 1�Ybi� . A AQXtT1rC�l4tld�. ;;z ; C1 E'A1 1lifE..itiilEE'lum ilk M1AP Tw Mlf1lIYE RAN &. cwi - 1m Im 1J1117D UK, 0110 11M OF PAOFMIV LCftTND AT �*naoalut,T�(.1c:. x VIEST trial . ffi' oriv�' T�. 1MTT" TO t PfKmmmFatAN IIlEI�N i.: . OIIO■1A11C1E ND. t/NSR MN ®FDM�IMICE, WIVH ATT ZONOG'ATaAS OF TW ITIMlC1: OFIFIE Chita• OF MIIAIE. t�1.OFAK AfffK12 A. SECTO 40i;. �tllll� (�F OISTRICf IIBSIXItT10i111;'ilu- . Tm CiJ1 1(Jf,Ivan ON" C01 . MR _w_ PROPEmy 71i"t11E EpUtlllr�t' COi:f�'`liQ�llt�� � wAlr.11iA1ii lit �1. Aid; ,- AN NQ ` 3t AF . flllD" ATL11M . VOlIT1AliMA ''- w Ri3PExEp PRglOON AiO A BEVEiili0lLlTltQlll1W A1N oRolNANCE, trrnH'AT7?A�0 ; Z+ONM AT1,A>8' OF •TIE ZaSNft' C6DSIANCE t!F TIM CITY ` OF MNIWM, FtiDRIDA.° ARTICLE. A., IrICT10N Itxl. , . . $CtiIEDIJiLE f3Fa716THiYT TIOfK 31r � THE i0lMi0 CLASSIFICATION OM C-1 R�' , CMER TO R-4. MNDLTI-FAMILY ygNRY AESIl� FOR Tom' PRORTiI LOCATED 'AT `@0 -` oOuoLAs ROAD .AND VACANT .LOT- ON IlculWAsT S7Tk AVENUE AND !iH STREI:T.111AM1. FLCi1DA. AND fit► p AL11.Ti►IE p1AI[SOa WPM, Mla ra OF, sAD' °,'�TtJ18; ooltrAlpM A IIEPSALeA Pllwlsl®li AND IMMANCII A nr CLi111SE. AllOf>I� °I��NANGE ` elf i1MEPD�� ADf AiD 26tJlt. AND AODM13 A NEW SECTION 94fi. N!'UJBNEt.Y, TO CODIFY NEW , REGULATIONS PgRTAIiSM9 T O LASOl1ATOi11E8': CONTAIfMrti A REPEALER AAOVISfON AND SEVERIIBN.ITI/ (XJ11iSE: AND PROVIDING FOR AN EFFECTIVE OATS. ri