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HomeMy WebLinkAboutO-11349J-95-895 2/16/96 ORDINANCE N0. 11349 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 2100 SOUTHWEST 22ND STREET, FROM OFFICE TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board, at its meeting of November 15, 1995, Item No. 1, following an advertised hearing, adopted by Resolution No. PAB 51-95, by a vote of six to zero (6-0), RECOMMENDING APPROVAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference 11349 thereto and incorporated herein as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by changing the land use designations from Office to Restricted Commercial for the property located at approximately 2100 Southwest 22nd Street, Miami, Florida, more particularly described as Lots 1 through 13 of Block 30, of NEW SHENANDOAH SUBDIVISION, in Plat Book 10 at Page 55, 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 10 acres or fewer, and does not, in combination with other changes during the last year, produce a cumulative effect of the City of Miami having changed more than 60 acres through the use of "Small Scale Development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the last year; (d) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (e) the proposed amendment does not involve a text change to goals, policies, and objectives of the local 2 11349 government's comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small scale development; (f) is one which is not located within an area of critical state concern; and (g) is one which does not involve a residential land use with a density exceeding 10 units per acre. Section 4. The City Manager is hereby directed to instruct the Director of Community Planning and Revitalization to immediately transmit a copy of this Ordinance and the public notice published prior its adoption on second reading to: James F. Murley, Secretary, Florida Department of Community Affairs, Tallahassee, Florida; and the South Florida Regional Planning Council, Hollywood, 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 thirty-one (31) days after second and final reading and adoption thereof pursuant and subject to § 163.3187 (3) (c) , Fla. Stat. (1995) . PASSED ON FIRST READING BY TITLE ONLY this 29th day of February 1996. K 11349 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of March , 1996. ATTEST: 4WALTER J. F EMAN CITY CL K PREPARED AND APPROVED BY: CORRECTNESS: A. QUINN JONES, CITY ATTORNEY MS:W065.DOC Moor Q&e**Qi 446 STEPHEN P. CLARK, MAYOR 4 11349 PLANNING FACT SHEET APPLICANT Bruce C. Fernald. REQUEST/LOCATION 2100 S.W. 22nd Street. PZ=3 SECOND READING LEGAL DESCRIPTION (Complete legal description on file with the Office of Hearing Boards). PETITION Consideration 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 2100 S.W. 22nd Street from Office to Restricted Commercial. PLANNING Denial-. RECOMMENDATION BACKGROUND AND The Department of Community Planning and Revitalization contends that the land use ANALYSIS designation change on the subject property from Office to Restricted Commercial would leave two remnant Office designated parcels along the Coral way Corridor; this particular change would result in an illogical land use configuration on the comercial corridor and would not be an appropriate extension of the Restricted Commercial designation due to the fact that it would result in two isolated lots interrupting the corridor. Based on this finding, the recommendation for this petition is denial as presented. PLANNING ADVISORY BOARD Approval. VOTE: 6-0. CITY COMMISSION Passed First Reading on CC 2/29/96. APPLICATION NUMBER 94=207 11/08/95 November 15, 1995. Item i 1 Page 1 11349 CASE # 95-207 PAB- ITEM#1 November 15, 1995 ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT No.95-3 Lots 1 through 13, Block 30, NEW SHENANDOAH, at approximately 2100 SW 22nd Street. - DISCUSSION The subject property is a 0.905 acre parcel consisting of thirteen (13) lots fronting SW 22nd Street (Coral Way), between SW 22nd and 21st Avenues, at approximately 2100 SW 22nd Street (Coral Way), in the Coral Way NET Area. MCNP Land Use Policy 1.6.1., establishes future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The location is currently designated Office. To the east and two lots west, the area has the same Office designation; after those two lots, to the west and north, there is a Restricted Commercial land use designated area and, to the south, the area is designated Single Family Residential. The Office category allows residential uses to a maximum density equivalent to High Density Multifamily Residential (150 dwelling units per acre) subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories; and limited commercial activities incidental to principal activities in designated areas. Supporting facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools may be allowed with the Office designation. PAB 11/15/95 Item #1 Page 1 of 2 11349 The Restricted Commercial category accommodates commercial activities that generally serve the daily retailing and service needs of the public. Residential uses up to high density multifamily, including hotels, are also permissible within this land use category. Commercial uses include general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses described above. Other permissible land uses include motels and hotels, residential facilities, offices major sports, exhibition or entertainment facilities. Mixed -uses of commercial, office and/or residential are also permissible within this land use designation. The Department of Community Planning and Revitalization contends that the land use designation change on the. subject property from Office to Resticted Commercial would leave two remnant Office designated parcels along the Coral Way Corridor; this particular change would result in an illogical land use configuration on the commercial corridor and would not be an appropriate extension of the Restricted Commercial designation due to the fact that it would result in two isolated lots interrupting the corridor. - A change such as this is also in conflict with certain other policies of the MCNP. Land Use Policy 1.1.3. requires that all areas of the City be protected from encroachment of incompatible land uses. Housing Policies 1.1.5. and 1.2.7. require the City to preserve and enhance the general appearance and character of the City's neighborhoods. These policies support the position that the existing land use pattern in this neighborhood should remain the same. At the present time, the Restricted Commercial area north and west of the site has sufficient capacity to accommodate more intense commercial uses. In addition, Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon the availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE). (CIE Policy 1.2.3.). The attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. Doc:[robert]<robert>95-3amen PAB 11/15/95 Item #1 Page 2 of 2 1 2 'i 9 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 95-3 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 10/05/95 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Mutual Life Insurance Co. of New York RECREATION AND OPEN SPACE Address: 2100 Coral Wayr2100 SW 22 St. Population Increment, Residents 0 Space Requirement, acres 0.00 BoundaryStreets: North: SW 22 St. Excess Capacity Before Change 55.12 South: Excess Capacity After Change 55.12 East: SW 21 Ave. Concurrency Checkoff OK West: POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Population Increment, Residents 0 Residential 0.9 acres 150 DU/acre 135 DU's Transmission Requirement, gpd 0 Other 0 sq.ft.@ 0 FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation 0 Excess Capacity After Change > 2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.9 acres 150 DU/acre 135 DU's SANITARY SEWER TRANSMISSION Other 0 sq.ft.@ 0 FAR 0 sq.ft. Population Increment, Residents 0 Peak Hour Person -Trip Generation 0 Transmission Requirement, gpd 0 Excess Capacity Before Change See Note 1 . Net Increment With Proposed Change: Excess Capacity After Change See Note 1 . Population 0 Concurrency Checkoff WASA Permit Required Dwelling Units 0 Peak Hour Person -Trips 0 STORM SEWER CAPACITY Exfiltration System Before Change On -site Planning District Exfiltration System After Change On -site County Wastewater Collection Zone 309 Concurrency Checkoff OK Drainage Subcatchment Basin T2 Solid Waste Collection Route 42 SOLID WASTE COLLECTION Transportation Corridor Name Coral Way Population Increment, Residents 0 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 500 Concurrency Checkoff OK Land Use Policy 1 .1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change A LOS After Change A Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by Population increment is assumed to be all new residents. Peak -period trip Metro -Dade Water and Sewer Authority Department (WASA). generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy Excess capacity, if any, is currently not known for private passenger vehicles. Transportation Condor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. CM-1-IN 03/13/90 0 III ViIVjIM.0 1� 9!1 aaavo��m --missl�aels� �mmDO=�mm�mam� t • • s • + • wl 11 12 H� tttt tl t 1• 1, ..,., i.• la IR t . • 1• r• 2 s t as _. TERR= . eo000 01 o111-1111o� ©1115011111� �mmm ° iv=::m�©1®5 :��mm�mm� R7 N ,• li 1; o f ttt• 20 H •• > •la . �. LJ wl•,• u�2 mz�uzs:• s • ���• i s :fl N' 872f I27!r2 j21 it 0_'(�• I1r I 2 TERR .• •c l.. • sIkfs I1111It I• r s i l • l e -ST. JJ s'aa a• s ,t 1 1 ,e s• • sr TRACT-1 O 1i_TRACT-2 G Is V V •f S TRACT-i' u n w[i. � • s ' L1 ' 21 WARM •'�tty� 7 ••M.i�.•f' t I • 1 E •O: ,- ' _ �J s I •(�r �J4.1 �'I: n ld• �Iolll'It ti s.w Ie .. ' . .. - ..1. as. { 1 •� 4 ,/' • 1 • •' 2 S s S: Was SHENANDOAH. ' 2' ;1 a r 2 a JU 0 O HIGH • 1 • I N•;'—�:•i'T�—ai "� S.W.19 , TERR: p. TRACT ,2 IOtTRACTto 2 S�� f' f It' itFV. a • � s s s I• • • 1 • • t: ST. ifiiiiidw��iif� w iRwi �#?aw WWWWWWiiWwir-� w©®®©1i i nul =0 Sig siz ti o.• IM n � n .• u 0ve ®aW1111r1111aaO,! Ima: mm _ anNe� �m c�mma�m� va�ae 1.��o�on meee�oaQ� lilt �Im �00� v00� Ilffiwlmlmo f.m. , 21 12 t • s r•,t: Application f / Date: CITY OF KIAKI PLANNING, BUILDING AND ZONING DEPARTMENT 27S N.W. 2 STREET KIANI, FLORID 33128 APPLICATION TO &Mr-KD THE KIA,KI COMPREHEHSIYE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Kiwi. Periodic review, additions and amendr sts to the adopted comprehensive plan, reads as follows: Periodically; but not less often than once in five (S) years or Dore often than once in am (2) years, adopted cocprehensive plans, or.n portion thereof, shall be reviewed by the Planning Advisory Board to determine whether changes in the amount, kind or direction of development and grarth of the city or area thereof or other reasons sake it necessary or beneficial to take additions or amendments to the comprehensive plans, or portion thereof. If the City Commission desires an amendment or addition„ it say on its own action, direct the Planning Department to prepare such amendment for submission to and review by the Planning Adv6sary Board. The Planning Advisory Board shall; make a recommendation on the proposed flan amendment to the City Commission within.a reasonable time as established by the City Commissaon. 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 (x ) Cther & Please Specify: Preaer`_v bvner: The M-.;tu=_? Li -le T_:su-ance Cc,-, ,zny of New York O The scbject property is located at 2100 AND riOR_ PARTICULARLY D_SCRISED AS: 1 =hr 13, -n B ozc 30 cf ti=w Shen=_^ ca' e_ccrc_ to :he E,..Ccic(:) :..nere^.f as re=or6ed _n ?!at Bc--1; 1C, Pame 55, _- the Pu:--1-- : eco=cs Sue_ tier, of _cznt% _ 1c_irz act I _ - /3 11349 The undersipntd being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following ae+endnent(t) to the Mani Comprehensive Hefghborhood Plan for the above -described property as indicated in. the land Use Plan: FROM: Office TO: Co:anercial Please supply a statement indicating w�y you think the existing plan designation is inappropriate: The existing plan designation no lancer rep:esents the trend in use c:�•--rently occuring.in the Coral Way corridor. The current classifications was aiven to the area during a period where residential buildings in the area were e:=tv and the natural conversion was seen as office soace. Please supply a statement justifying your request to change the plan to your requested plan designation. A review of the Zoning Atlas of the City of Miami for the subject property of this application and the vicinity along Coral hay shows that over 50% of all properties are currently designated Co:.mrercial. P`srther, there is an increasing demand for cornercial prooerty in the area. The subject property is currently in use as a legal non -conforming co:rmrcial use, as are rany other properties in the area. This recruest seeks to create ccnrormity between use and designation. is the acreage cf the .property being revueste� for a Change in clan eesicnztion? 39,416.13 Sc.la=e fees -ace G of _ /4 11349 1E < Has the designation of this property bFen changed in the last year? Do you own any other property within 2a0 feet of the subject property? 4_ If yes, has this other property been granted a change ip plan designation within the last twelve month:? n_/a Have you made a companion appliFatiorf for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? vPs Have you filed with thi Planning and Zoning Boards Administration Department: Affidavit of ownership? yes List owners of property within 375 feet of the subject property? veS Disclosure of ownership fora? ives.. If not, please supply them. THE L INSURANCE CCtIPANY OF NEW PORK SIGNATURE By-yb1 DATE Bruce C. Fernald HARE Vice President — Real Estate ADDRESS 5775—E G1erridae Drive, Suite 100. P l a-ta c-�rn-Zia -ini2R PHONE (404) 256-5775 C- i t &A - STATE OF FHA } SS: C'0UH77 OF — ' +71ZULC C - F e.ILMk-Q being duly sworn, depases and says that he' is the ((>wner) (Authorized Agent for owner) of the real property described above: that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to executE this petition on behalf of the owner. THE LIFE; INSURANCE M4 2.A\Y OF BY: CC G�ltivtal,(/ (SEAL) -iK >r Bruce C. Fernaid SWORN TO AND SUBSCRIBED Vice President — Real Estate before me this h day of 190 My Cot"'.ISSION EXPIRES: Notary Pubfic, Cobb County, Georgia - My Commission Expires -September 24. 1998 Computation of Fee: Receipt f: Pace 2 cf ., Notary -Public, WIte of Fj09-i4a at Large /S x I131 AFFIDAVIT STATE -OF $ D - �,i.�} SS COUNTY OF`D=r- } Before to. the undersigned authority, this day personally appeared Bruce C. Fernald , who being by me first duly sworn, upon oath, deposes and says: 1. That he I's the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of thel Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit an� made a part thereof. Z. That all ownerslwhich he rtpresents, if any, have given their full _ I _ and complete permissionifor t4o to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That thelpages! attached hereto and made a part of this affidavit contain the current names, sailing addresses, phone numbers and legal descriptions for the the real property of !Which he is the owner or legal representative. 4. The facts) as iepresented in the application and documents submitted in conjunction with this affidavit are true and correct. i Further Affiant sayeth not. THE LIFE INSL-2ANCE COMPANY OF NEWYORK -1i Bv:7y146)7n4ae,1w_, (SEAL) )(Name) Bruce C. Fernald Vice President — Real Estate Sworn to and Subscribed before me this 6 t day of ,i19 1 Motary Public, S ate ci ;-Ieridn at Large At - My Co=ission=zCires: Notary Public, Cobb County, ��Georgia iPPP My Commission Expires September 24, 1998 11 3-4y OWNER'S LIST Owner's Nave The Mutual Life Insurance-C`or^.,any of New York ?falling Address 5775-E Glenrid-.e Drive, Suite 100, Atlanta, GA T el ephone Nu�er (404) 256—;57 `5 - Legal Description: Owner's Name Mailing Address i Telephone Number 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 Street Address Legal Description Legal Description Street Address Legal Description 17 DISCLOSURE OF OWNEP.SNIP :. Legal description and street address of subject real property: Lots 1 through 13, in Block 30 of New Shenandoah according to the plat thereof as recorded in Plat Book 10, Page 55, of the Public Records of Dade County, Florida. 2. Owner(s) of subject read property and percentage of ownership. !tote: City of !liasi Ordinance No. 9419 requires tisclosure of all parties haring t financial interest, either direct or indi4ct, in the subject latter of a presentation, request or petition to the City Cowiszion. Accordingly, question 12 requires disclosure of shareholders of corporations,, beneficiaries of trusts, and/or any other interested parties, together with iheir�addresses and proportionate interest. -- S= A=ACEE6 =-MT—v T "A" 3. Legal description and street address of any real property (a) owned by any party _ listed in answer to cuestion;/2, and (b) located within 375 feet of the subject real property. Th'E NET%LIP.Z� IFE INSURMCE CaN'Y Bv: OWNER OR ATTORXEY FOR OWNER Bruce C . Fernald Vice President - Real -state STATE OF F6w4AA— } SS: COUNTY OF 4VVt � Bryce C. Fernald being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to Question fl, abore; that he has read the foregoing answers and that the same are true and complete; and (if acting as ettorney1for owner) that he has authority to execute the Disclosure of Ownership forte on behalf cf the owner. S'0.02N TO AND SUBSCRIBED before me this �h cay of ,",Y CO':".ISS10N EXPIR"cS: Notary Public, Cobb County, Georrggia My Commission Expires September 24, 1998 OF YORK LIFE TtiS=Z-- 10E �N kl,7y O: `-71 ,• /41 //� /fL+�1�.L�`� (SEAL) (N ate Bruce ; . Ferna�d --cfe President - Re al -state AJ-� 1 11 r,c:ary Public, S'ti:_ of Zcr:da at _arce L)a/-1 A 1- 1 3 4 9 The Mutual Life Insurance Company of New York ('MONY") is organized in the State of New York as a corporation. authoFlzed ;and with the power to do any and all kinds of businesses specified in its Charter of Ineprporation. Under Article 6 of said Charter, the Corporation shall have not capital stocks but shall �e a mutual company. All persons who insure with the Corporation, other than those insured under policies which by their terms do not participate in the muplus of the corporation, shall thereby become members thereof during the period they shall remain insured by th ; corporation. Therefore, there is no list of shareholders or a percentage interest per policy holder. The company has been incorporated in the State of New York since 1842 and therefore, to attempt to create a list of policy holders would be an in_u=ountable task, not to mention the possibility of it being a prohibited act due to issues of confidentiality by those policy holders. A copy of the Bylaws and the Charter of the Mutual Life Insurance Company of New York (MONY) which has been duly certified as true copies by Thomas L. Conklin as Corpoimte Secretary, and an original Cerdficate of Incorporation c-rvfied by the New York State Insurance Department Special Deputy Superintendent, are being attached and submitted as supporting jdo%--I�nentation to this application. EXHIBIT "A" iy t1349 UM, 41• ba 11: U.5 p.JU5 373 6j,3 B9/19/1995 15_37 SAVITAR READ VS 002 PAGE 2 THIS INDENTURE, made this 23rd day of February, 1993, between FORTS VA0V3es1'8, XXC-, a alvrida corporation, 1000 West Avenue, Miami Beach, FL 33139, of the County of Dade, State of Florida, GRANTOR*, and TXX MMMAL E,ITa I7JiZ1 MMCB COMAXY of X= YORR, a NOV YorX corporation, Whose address is 1740 Broadway, Now York, NY 10019, of the County of New York, State of New York, GRANTEE. Grantee's Tax Identification 052-1400575. WITNESSETH, that the GRANTOR, in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considerations paid to GRANTOR# the receipt whereof is hereby acknowedged, has granted, bargained and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in Dade County, Florida: Lots 1 through 13, in Block 30 of New Shenandah, according to the Plat thereof, recorded in Plat Book 10, Page 55, of the Public Records of Dade County, Florida. TAX FOLIO #OS 4115 01.2 0620. SUBJECT TO: Taxes for the year 1991 and subsequent years. This Deed shall not create a merger of the fee simple title with the lien of that certain mortgage held by the GRANTEE, which mortgaga is recorded in Official Records Book 13351, Page 2667, of the Public Records of Dade County, Florida. GRANTOR does fully warrant the title to the land, and will defend the same against the lawful claims of all persons w'homs oever . *"GRANTOR" and "GRANTEE" are used for singular or plural, as context requires. IN wITNESS WHEREOF, GRjjTOR has hereunto set Grantor's hand and seal. Signed, sealed and delivered 20 STATE OF FLORIDA ) )SS COUNTY OF DADE ) FORS! P20P=TZs81 sue a Floridrposatie. BY A J FORTY , Pres+ an 11349 The fore9 iq instrument was acknowi •ed before me by JOHN FORTE, as Pt Went of Frl-- E PROMM +, INC. , a Florida corporation, why f produced *. Zwc, as idt_.tification and who did not take an oath, this 24c:f day cf February, 1993. �� Wpm& Mot am Notary Public, State of Flo da Dwlm99 � ais�lil� 2 / Z 3 / 93 Gass��t! Typsd Name of NotaryPublic KLIC-0003 os ~ °�� �` try commission Expirs: MLIC\WDEED LAW OFFICES ABRAMS, ANTON. ROBBINS, RESNICK 3 SCHNEIDER. P,A., P.O. BOX Z29010. MOLLWVOOO. FLORIDA 33022.9010 zr 11349 RESOLUTION PAB - 51-95. A RESOLUTION RECOMMENDING APPROVAL 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 2100 SW 22ND STREET FROM OFFICE TO RESTRICTED COMMERCIAL. HEARING DATE: November 15, 1995. VOTE: 6-0. ATTES .` JACK LUFT, DIRECTOR COMMUNITY PLANNING AND REVITALIZATION DEPARTMENT 423 JACK L. LUFT . Director 'Jit" of 'fflizIMI, Y OFM�3 t C uuii HIM 9G�C0., Fl 0 O December 17, 1996 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 EDWARD MARQUEZ City Manager .7 R,—+m ' < c� ABM n � w > C7 z Re: Transmittal of Application No. 95-3, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Pennock: The City of Miami, on March 26, 1996, adopted Ordinance 11349 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with one (1) copy of these documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-3, City Commission Meeting of March 26, 1996) (Attachment E); f) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); and Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 Mr. Robert Pennock December 17, 1996 g) A copy of MCNP Land Use Plan Map Amendment Ordinance 11349 as adopted, (Attachment G). h) A copy of the cover letters with the above mentioned documents to: ■ Executive Director, South Florida Regional Planning Council; ■ District Director for Planning and Programing, District Six, Florida Department of Transportation (FDOT); ■ Executive Director, South Florida Water Management Dist. (SFWMD) and, ■ Florida Department of Environmental Protection. If, in the 90 day abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavemia, Planner II, Department of Community Planning & Revitalization at (305) 416-1435. S' erely, Jack L. Luft Director JL/rl/bl Attachments cc: Walter Foeman, City Clerk ✓ Joel Edward Maxwell, Deputy City Attorney Lourdes Slazyk, Assistant Director, CPR Clark P. Turner, Planner II, CPR Roberto Lavemia, Planner 11, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) ATTACHMENT A PLAN AMENDMENT - CHECKLIST Submittal Requirements: 9J-11.006, F.A.C. (revised 6/5/89) Amendment No. 95-3 — MCNP 1989-2000 1) The ordinance was approved on first reading February 29, 1996 and on second reading March 26, 1996 for transmittal to the Department of Community Affairs. 2) June and December are the proposed months of adoption of plan amendments for the 1996 calendar year for which no exemption from the twice per calendar year limitation on comprehensive plan amendments is claimed. 3) This plan amendment is not in an area of critical state concern. 4) This plan amendment does not apply to the Wekiva River Protection Area pursuant to Ch. 88-393, Laws of Florida. 5) This amendment is one of the exemptions to the twice per calendar year limitation on the adoption of plan amendments. This amendment qualifies as a small scale development activity pursuant to subjection 163.3187(1)(c), Florida Statutes. The cumulative effect of this activity this calendar year (1996) is 3.685 acre. This amendment is also being submitted for abbreviated review pursuant to subsection 163.3187 (1) (c)4, F.S. 1993. 6) This plan amendment is not proposed to be adopted under a joint planning agreement pursuant to Section 163.3171, FS.. 7) The local contact person is: Roberto E. Lavernia Planner II, City of Miami, Department of Community Planning & Revitalization. 444 S.W. 2"" Avenue, Yd Floor Miami, Florida 33130 (305) 416-1435 8) The plan amendment changes an area on the Future Land Use Plan Map from Duplex Residential to Restricted Commercial . The size of the designated area is 0.905 acre. 9) The City staff (Department of Community Planning & Revitalization) recommended denial; the local planning agency (Planning Advisory Board) and the local governing body (City Commission) recommended approval. 10) A copy of the evaluation and appraisal report is neither required or available at this time. -ttij E- of MT-ZTM.t `TY OF,y9 I �= JACK L. LUFTIT F Director "";; IRA, m 0 04` December 17, 1996 Mr. John Hulsey South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hollywood, Florida 33021 Re: Transmittal of Application No. 95-3, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000 Dear Mr. Hulsey: EDWARD MARQUEZ City Manager The City of Miami, on March 26, 1996, adopted Ordinance 11349 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1)(c)4, F.S. 1993 (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of .these documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-3, City Commission Meeting of March 26, 1996) (Attachment E); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 Mr. John Hulsey December 17, 1996 g) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 11349 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavemia, Planner 11, Department of Community Planning & Revitalization, at (305) 416- 143 5. S' cerely, �j Jack L. Luft v Director JL/rl/bl Attachments cc: Walter Foeman, City Clerk (letter only) Joel Edward Maxwell, Deputy City Attorney (letter only) Lourdes Slazyk, Assistant Director, CP (letter only) Clark Turner, Planner II, CPR (letter only) Roberto Lavemia, Planner II, CPR (letter only) Page 2 of 2 JACK L. LUFT Director k9itia of 'fflizxmt EDWARD MARQUEZ City Manager December 17, 1996 District Director for Planning and Programming District Six Florida Department of Transportation (FDOT) 602 South Miami Avenue Miami, FL 33130 Re: Transmittal of Application No. 95-3 an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: The City of Miami, on March 26, 1996, adopted Ordinance 11349 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (C)4, F.S. 1983 (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-3 City Commission Meeting of March 26, 1996) (Attachment E); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 District Director for Planning and Programming December 17, 1996 g) A copy of Volume I; Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 11349 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner 11, Department of Community Planning & Revitalization, at (305) 416- 1435. S' erely, Jack L. Luft Director JL/rVbl Attachments cc: Walter Foeman, City Clerk (letter only) Joel Edward Maxwell, Deputy City Attorney (letter only) Lourdes Slazyk, Assistant Director, CPR (letter only) Clark P. Turner, Planner II, CPR (letter only) Roberto Lavernia, Planner II, CPR (letter only) Page 2 of 2 s-ft#t� of fflt-ztmt- V Opp �tV 93 JACK L. LUFT Director December 17, 1996 Executive Director, South Florida Water Management District (SFWMD) P.O. Box 24680 West Palm Beach, FL 33416-4680. Re: Transmittal of Application No. 95-3 an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: EDWARD MARQUEZ City Manager The City of Miami, on March 26, 1996, adopted Ordinance 11349 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 (abbreviated review ) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of : a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-3, City Commission Meeting of March 26, 1996) (Attachment E); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 South Florida Water Management District December 17, 1996 g) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements, (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 1 1349 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavemia, Planner II, Community Planning & Revitalization Department, at (305) 416- 1435 Sin rely, Jack L. Luft, v Director SR/rl/bl Attachments cc: Walter Foeman, City Clerk Joel Edward Maxwell, District City Attorney Lourdes Slazyk, Assistant Director, CPR Clark Turner, Planner II, CPR Roberto Lavernia, Planner II, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) lfttl� Of iam & V F JACK L. LUFT Director c I...1" MI" Q` �G�rO., F1.04,0 December 17, 1996 Florida Department of Environmental Protection Plan Review Section 3900 Commonwealth Boulevard, Room 914 B Tallahassee, FL 32303. Re: Transmittal of Application No. 95-3 an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: EDWARD MARQUEZ City Manager The City of Miami, on March 26, 1996, adopted Ordinance 11349 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of : a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as these of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare network; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-3, City Commission Meeting of March 26, 1996) (Attachment E); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 Florida Department of Environmental Project December 17, 1996 g) copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 11349 as adopted, (Attachment G). If, .in the abbreviated review process, there are points that need clarification, you may contact Robert E. Lavernia, Planner 11, Community Planning & Revitalization Department, at (305) 416-1435. '' ce 6XJack L. Luft, v Director Sr/rI/bl Attachments cc: Walter Foeman, City Clerk (letter only) Joel Edward Maxwell, Deputy City Attorney (letter only) Lourdes Slazyk, Assistant Director, CPR (letter only) Clark Turner, Planner II, CPR (letter only) Roberto Lavernia, Planner II, CPR (letter only) Page 2 of 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11349 (#4053) In the........................3fX�fif3s`�f9f. ....................... Court, was published in said newspaper in the issues of Apr 9, 1996 Attiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In sold Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person firm or corporation any discou , rebate, comml re for the purpose of securi this advert) f publl atlon in the said news ern 9Ori 96 ........... . of.. A.D. 19... . (SEAL) f RY P/jB AGNEaPEN d 1�i7 Octelma V. Farb ally iCN f!U0.9130 -� CC520541 my CCMMISsm EXPIRES k hkaaeplrld.7#eN tohlsko riot) the �1 ch, tli8�, Jhe. G�r.fonAmCr► of `Miami; wing tiled ordillmnoatt'; A . Ise,� . ORDINANCE AMENDWO THriM f i CDII�REiIB�IVE tIB�D #yUWi►TNi9 OF THE L CLAWWE; AND 1PROVIO04 FOR AN EFFECTIVIDATE. 4#pDNiA�!ICE!l0.11350 AWORiDINANCE A1�-ZONING ORDIWWCE NO. 110W BY 3�/ .',401, SCHEDULE OF DISTRICT' RfGULA MCVDtFY.SIGN REGULATIONS FORHOTEL USES W!C#iN THE, .OFFICE ZON1N6'r DISTRICT CLASSIFICATION; CONTALNMIG A REPEALER,fMMSION.AND A SEVIILITY CLAUSE; AND PROVIDING FOR AN'. EFFECTI DATE. QFi 04AWk 110.11.351 !IN*` = hiJY1 IIti THE ZONING ORP44ANCE BY, AMENDING: SECTM 0*; "SCHEDULE OF DISTRICT REGULA- TIOIY" ;TO Ikl l tXllt 'STAY(; OF FLORIDA LICENSED FRANCHISE MOTOR VEHICLE (DEALERS' AS::A•'I?EfuITTED PRINCIPAL. USE' IN THE 'C-1' RESTRICTED COMMERCIAL ZONING DISTflICT; TO ALLOW :('sENTAL•PURG�' STORES, AS A 'CONDITIONAL RA4fACIPAL USE' $Y G II SFIECIAL PERMIT IN THE 'C=1" RESTRICTED C Ii4L>ZONING DISTRICT; BY AMENDING SECTION Sd'Qir 10 ALLOW' 'BR,EWERY.-RESTAURANTS' AS :A -CONDITIONAL PRINCIPAL' USE' BY SPECIAL EXCEPTION IN THE. 'S 4! COCONUT GROVE CENTRAL COMMERCIAL. DISTRICT; BY AMENDING SECTION 613, TO ALLOW -DECORATIVE PLUtA G . FO TULRE SHOWROOMS' AS A 'PERMITTED PRINCIPA4.,JAE. � IN . T "SD-13' SOUTHWEST 27TH AVENUE ZCMA1f DISTRICT; BY AMENDING SECTION 915, 'HEIGHT ,REG%ATION,. GENER-. ALLY,' TO PROVIDE AN EXCEPTION TO F A STATUTtxS- SECTION933.03(3), BY CLASS I S6hECLA#:'FOR THE CONSTRUCTION OF EDUCATIONAL FA,T�iTHIN TIC; CLEAR ZONE OF THE MIAMI INTERNA'1(NNAL RPORT; $YU AMENDING SECTION 91a 'OFFWTE PARK*4,' TO ALLOW. TEMPORARY OFFSTREET OFFSITE PAR TONG FOR CONSTRUCTION CREWS BY CLASS is SPECIAL PERMIT; APO BY AMENDING SECTION. 2502.. TO PROVIDE DEFINRKNJSE: CONTAMNNG: A REPEALER. PROVISION AND A SEVERASILITY" CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordnerum may be'inapecled by the pubic at the Office of the City Clerk, 3500 Pan Anrotican On", Miami, Fk4da, Mcl xkW 0wough Friday, excluding holidays, between the txKn of 8 a.m. wtd. 5 p:m. WAL1ER J. FOEMAN CITY CLEF K ffi* 1..' iAt 0&..MOM...