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
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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
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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
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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.
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PASM AND Aft CO BBC= AND VU" RRRDadg I11f T!TLB ONLY
thin 1,�...th „ o! ,i%��b•� s,;1�.
i
O CAAOLLOo MAYOR
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a1z'l�9rs �'.
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C-2irm .An cnT JNTV a of
APPFAYM AS TO 900 AM
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.44
11431
/ W6 Mr-r "All
CMUSOW 0XVIrLOPMUNT, %wc. D
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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
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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
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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_%
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$CtiIEDIJiLE f3Fa716THiYT TIOfK 31r �
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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,
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AllOf>I� °I��NANGE
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NEW SECTION 94fi. N!'UJBNEt.Y, TO CODIFY NEW ,
REGULATIONS PgRTAIiSM9 T
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LASOl1ATOi11E8': CONTAIfMrti A REPEALER AAOVISfON
AND SEVERIIBN.ITI/ (XJ11iSE: AND PROVIDING FOR AN
EFFECTIVE OATS.
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