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HomeMy WebLinkAboutO-11219a s J-94-985 11/28/94 1.1219 ORDINANCE NO. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, FOR PROPERTY LOCATED AT 168-200 SOUTHWEST 32ND ROAD, 3200-3202 SOUTHWEST 1ST AVENUE AND 1100-1139 SOUTHWEST 22ND TERRACE, BY CHANGING THE LAND USE DESIGNATION FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board, at its meeting of September 21, 1994, Item No. 6, following an advertised hearing, adopted by Resolution No. PAB 48-94, by a vote of nine to zero (9-0), 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 i 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: j Section 1. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 11219 1989-2000, is hereby amended by changing the land use designation from High Density Multi Family Residential to Duplex Residential for the property located at 168-200 Southwest 32nd Road, 3200- 3202 Southwest 1st Avenue and 1100-1139 Southwest 22nd Terrace, Miami, Florida, more particularly described as Tract A, of VIZCATRAN SUBDIVISION, Plat Book 129 at page 89, of the Public Records of Dade County, Florida. Section 2. It is hereby found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of 10 units per acre or less or- involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the last year; and (d) is one which does not involve the same owner's property within 200 feet of property that has been the subject of a Comprehensive Plan change within the last year. Section 3. The City Manager is hereby instructed to direct the Director of Planning, Building and Zoning to transmit a copy of this Ordinance immediately upon approval of second reading to Linda Shelley, Secretary, Florida Department of 11219 -2- Community Affairs, Tallahassee, Florida, The South Florida Regional Planning Council; The South Florida Water Management District; The Florida Department of Environmental Protection; and the Florida Department of Transportation, for statutorily mandated review and comment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. This Ordinance shall become effective after final reading and adoption thereof pursuant to Section 163.3189, Florida Statutes (1993). PASSED ON FIRST READING BY TITLE ONLY this 1st day of December 9 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 9th day of February 1995. A MAT Y HIRAI, CITY CLERK PREPARED AND APPROVED BY: -Ilk �L E. MAXWELL D UTY CITY ATT N 2091/JEM/mis/bss me ST9PHEN P. CLARK, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. QU N JO I i CITY ATTO 11219 TiAtia .uf �tanti SERGIO RODRIGUEZ, AICP Director March 8, 1995 CESAR H. ODIO City Manager Mr. Robert Pennock, Chief c, Florida Department of Community Affairs (DCA) m Division of Resource Planning and Management Bureau of Local Planning -` - 2740 Centerview Drive, Room 252 o Tallahassee, FL 32399-2100 -cr,=_-- < Re: Transmittal of Application No. 94-10, an amendment toc- the Miami Comprehensive Neighborhood Plan 1989-2000. rn Dear Mr. Pennock: The City of Miami, on February 9., 1995, adopted Ordinance 11219 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 erection of the Department of Community Affairs (DCA), I am pleased to provide you with six (6) copies 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); Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Mr. Robert Pennock March 8, 1995 e) A copy of support documents on which recommendations are based (PZ- 13, City Commission Meeting of February 9, 1995) (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 g) A copy of MCNP Land Use Plan Map Amendment Ordinance 11219 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. Lavernia, Planner II', Planning, Building and Zoning Department, at (305) 579-6086. Sincerely, r, 6i � rn �Rodriguez, S gio AICP Director r-T, rn SR/rl Attachments cc: Matty Hirai, City Clerk (letter only) Joseph W. McManus, Deputy Director (letter only) Planning, Building and Zoning Department Clark P. Turner, Planner II (letter only) Planning, Building and Zoning Department Roberto Lavernia, Planner II (letter only) Planning, Building and Zoning Department Page 2 of 2 Attachment 94-10 A PLAN AMENDMENT - CHECKLIST Submittal Requirements: 9J-11.006, F.A.C. (revised 6/5/89) Amendment No. 94-10 -- MCNP 1989-2000 1) The ordinance was approved on first reading December 1, 1995 and on second reading February 9, 1995 for transmittal to the Department of Community Affairs. 2) June and December are the proposed months of adoption of plan amendments for the 1995 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 subsection 163.3187(i)(c), Florida Statutes. The cumulative effect of this activity this calendar year (1995) is 3.135 acre. This amendment is also being submitted for abbreviated review pursuant to -subsection 1.63.3187 (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 Planning, Building and Zoning Department. 275 NW 2nd Street Miami, F1. 33128 (305) 579-6086 8) The plan amendment changes an area on the Future Land Use Plan Map from High Density Residential to General Commercial. The size of the designated area is 0.77 acre. 9) The City staff (Planning, Building and Zoning Department), 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. i Clitu of �Ktantt V or: SERGIO RODRIGUEZ, AICP �?� 3 CESAR H. ODIO Director ' uun Ilm City Manager NCO, F4� I March 8, 1995 Mr. John Hulsey South Florida Regional Planning Council 3440 Hollywood Blvd. Suite 140 Hollywood, FL 33021. Re: Transmittal of Application No. 94-10, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Hulsey: The City of Miami, on February 9, 1995, adopted Ordinance 11219 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 Y y 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- 13, City Commission Meeting of February 9, 1995) (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 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Mr. John Hulsey March 8, 1995 g) A copy of MCNP Land Use Plan Map Amendment Ordinance 11219 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Laverinia, Planner II, Planning, Building and Zoning Department, at (305) 579-6O86. Sincerely, S iggi6Rodriguez, AICP Director SR/rl Attachments cc: Robert Pennock, Chief Florida Department of Community Affairs (DCA) Matty Hirai, City Clerk Joseph W. McManus, Deputy Director Planning, Building and Zoning Department Clark P. Turner, Planner II Planning, Building and Zoning Department Roberto Lavernia, Planner II Planning, Building and Zoning Department Doc:[robert]<robert>transm/94-10 Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) 101ARIJ of N of• SERGIO RODRIGUEZ, AICP Director y�E•COY F 40� March 8, 1995 District Director for Planning and Programing District Six Florida Department of Transportation (FDOT) 602 South Miami Avenue Miami, FL 33130. Re: Transmittal of Application No. 94-10, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: CESAR H. ODIO City Manager The City of Miami, on February 9, 1995, adopted Ordinance 11219 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 t e 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); Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 District Director March 8, 1995 e) A copy of support documents on which recommendations are based (PZ- 13, City Commission Meeting of February 9, 1995) (Attachment E); g) A copy of MCNP Land Use Plan Map Amendment Ordinance 11219 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Planning, Building and Zoning Department, at (305) 579-6086. Sincerely, Se io Rodriguez, AICP Director„ M ,�' rn SR/rl �� r-, ..:c� � Attachments rn cc: Robert Pennock, Chief Florida Department of Community Affairs (DCA) (letter only) Natty Hirai, City Clerk (letter only) Joseph W. McManus, Deputy Director (letter only) Planning, Building and Zoning Department Clark P. Turner, Planner II (letter only) Planning, Building and Zoning Department Roberto Lavernia, Planner II (letter only) Planning, Building and Zoning Department Doc:[robert]<robert>transm/94-10 Page 2 of 2 %Z.Atv of � t�xxrti� L�-TV Op 1J i SERGIO RODRIGUEZ, AICP �?� �3 CESAR H. ODIO Director G ue��l Ifni City Manager oF�oY F March 8, 1995 Executive Director, South Florida Water Management District (SFWMD). P. 0. Box 24680 West Palm Beach, FL 33416-4680. Re: Transmittal of Application No. 94-10, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: The City of Miami, on February 9, 1995, adopted Ordinance 11219 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); Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Executive Director March 8, 1995 e) A copy of support documents on which recommendations are based (PZ- 13, City Commission Meeting of February 9, 1995) (Attachment E); g) A copy of MCNP Land Use Plan Map Amendment.Ordinance 11219 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Planning, Building and Zoning Department, at (305) 579-6086. Sincerely, S gio Rodriguez, AICP Director SR/rl Attachments cc: Robert Pennock, Chief Florida Department of Community Affairs (DCA) (letter only) Matty Hirai, City Clerk (letter only) Joseph W. McManus, Deputy Director (letter only) Planning, Building and Zoning Department Clark P. Turner, Planner II (letter only) Planning, Building and tuning Department Roberto Lavernia, Planner II (letter only) Planning, Building and Zoning Department Doc:[robert]<robert>transm/94-10 Page 2 of 2 SERGIO RODRIGUEZ, AICP Director March 8, 1995 014-tv of tams V OP � unii iiO1 c Florida Department of Environmental Protection. Plan Review Section 3900 Commonwealth Boulevard, Room 914 B Tallahassee, FL 32303. Re: Transmittal of Application No. 94-10, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: CESAR H. ODIO City Manager The City of Miami, on February 9, 1995, adopted Ordinance 11219 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); Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Fl. Dpt. of Environmental Prot. March 8, 1995 e) A copy of support documents on which recommendations are based (PZ- 13, City Commission Meeting of February 9, 1995) (Attachment E); g) A copy of MCNP Land Use Plan Map Amendment Ordinance 11219 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Planning, Building and Zoning Department, at (305) 579-6086. Sinc ely, Q^ S gio Rodriguez, AICP Director SR/rl Attachments cc: Robert Pennock, Chief Florida Department of Community Affairs (DCA) (letter only) Matty Hirai, City Clerk (letter only) Joseph W. McManus, Deputy Director (letter only) Planning, Building and Zoning Department Clark P. Turner, Planner II (letter only) Planning, Building and Zoning Department Roberto Lavernia, Planner II (letter only) Planning, Building and Zoning Department Doc:[robert]<robert>transm/94-10 Page 2 of 2 PLANNING FACT SHEET PZn 13 APPLICANT Lourdes M. Fernandez for Vizcatran, Ltd., owners. APPLICATION DATE July 29,1994. REQUEST/LOCATION Consideration of amending the Comprehensive Land Use designation for the property at 168-200 SW 32nd Road, 3200-3202 SW 1st Avenue and 1100-1139 SW 22nd Terrace from High -Density Multi Family Residential to Duplex Residential. LEGAL DESCRIPTION Tract A, VIZCATRAN GARDEN SUBDIVISION, (129-89) PRDC. 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 of approximately 168-200 SW 32nd Road; 3200-3202 SW 1st Avenue and 1100-1139 SW 22nd Ter -ace from High -Density Residential to Duplex Residential. PLANNING Approval. RECOMMENDATION BACKGROUND AND For background, please see attached Vizcatran Planning Study and four (4) pages ANALYSIS chronology including R-94-415, 06/09/94. The subject property is surrounded by properties with a Residential Duplex designation with the exception of the Vizcaya Station of the Metrorail to the south of the subject property and a six -lot tract designated Office facing SW 22nd Street. This proposed designation will reflect the existing land use pattern in the immediate area. The MCNPR Land Use Goal 1. requires the City to protect and enhance the general appearance and character of neighborhoods and also requires that the City promote the efficient use of the land, minimize land use conflicts, and protect all areas from encroachment of incompatible land uses. These support the position that the existing land use pattern in this neighborhood sould remain the same. PLANNING ADVISORY BOARD Approval. VOTE: nine (9) to zero (0) CITY COMMISSION Passed on First Reading. APPLICATION NUMBER 94- 90 September 21, 1994 CASE # 93-90 PAB- ITEM16 September 09, 1994 ANALYSIS OF -PROPOSED COMPREHENSIVE PLAN AMENDMENT No.94-10 Tract A, VIZCATRAN GARDEN, located at approximately 168-200 SW 32nd Road: DISCUSSION The subject 0.77 acre parcel is located in the block bounded by SW 3rd and 1st Avenues, SW 23rd Street and SW 32nd Road, at approximately 168-200 SW 32nd Road; 3200-3202 SW 1st Ave. and 1100-1139 SW 22nd Terrace, in the Planning District C. 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 subject property is currently designated Multi -Family High Density Residential. Lots to the northwest, west, and east are designated Residential Duplex. South of the property there is a Mass Transit Station designated area for the Vizcaya Station of the Metrorail. The subject property is surrounded by properties with a Residential Duplex designation with the exception of the Vizcaya Station of the Metrorail to the south of the subject property and a six -lot tract designated Office facing SW 22nd Street. This proposed designation will reflect the existing land use pattern in the immediate area. The High Density Multi -Family Residential land use category allow residential structures to a maximum density of 150 dwelling units per acre. Higher PAB 09/21/94 112 f 9 Page 16 of13 densities may be allowed for this specially- designated area up to 500 units per acre. Supporting services such as offices and commercial services and other accessory activities. that are clearly incidental to principal uses are permitted; community -based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; Community -based residential facilities (15+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may be permissible in suitable locations. The Duplex Residential land use category permits residential structures up to two dwelling units each to a maximum density of 18 dwelling units per acre. Permissible uses include plat -es of worship, primary and secondary schools; child;day'care centers and adult care centers in suitable'locations subject to special permit approval. Community -based residential facilities (14' clrents or les-s; not including drug, alcohol or correctional rehabilitation facil'ities), also will be allowed pursuant to applicable state law.' MCNP ,Land Use Goal 1, requires the.City to protect and enhance- the general appearance and character of neighborhoods and also requires that the City promote the efficient use 'of,the land, minimize land use conflicts and protect all- areas from encroachment 'of incompatible land uses. The change also, would be consistent with Housing Policies 1.1.5. and 1.2.7. also require the City to preserve and enhance the general `appearance and character of the City neighborhoods. Together these goals and policies argue that the existing land use pattern in this area should be changed. 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.). A Concurrency Management Analysis is not required as the maximum permissible density of development would be reduced as a result of the proposed change in land use. Doc;[robert]<robert>94-10amen .11219 PAB 09/21/94 Item #6 Page 2 of 2 CC»C'.'RREfrCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 94-10 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Dais 08/29/94 WITHIN A TRANSPORTATION CORRIDOR I I AMENDMENT INFORMATION I CONCURRENCY ANALYSIS 1 I Appncant: CM ct Miam: Planning. Building and Zanmg :.act. I RECREATION AND OPEN SPACE I Address 1B8-2C0 SW 32 Rd 3:00.3202 SW ' a.e . 110}1139 SW 22 Ter ( Population Increment Residents 1244 Boundary Streets 47n11 I South SW 1 Ave East: SW 32 Rd West: 5W 22 Ter I I Existing Designation. Maximum Land Use Intensity i Residential 0 72 acres 0 I Other 0 sq it Ct I Peak Hour person -Trip Generation I Sparse Requirement. acres )1 .; 32 I Excess Capacity Before Change 55 12 I I Excess Capacity After Change 5544 I ( Concurrency Checkoff OK i POTABLE WATER TRANSMISSION Population Increment. Residents f2441 1 150 DUlacre 108 DU's I Transmission Requirement, gpd 154 713) 0 FAR 0 sq.ft. I Excess Capacity Before Change >296 above demana I Proposed Designation. Maximum Land Use Intensity ( Residential .. 0..72 acres C 18 Other .. 0 so ft 4; 0 I Peak Hour Person -Trip Generation i ( Not Increment With Proposed Change I Population Dwelling Units Peak Hour Person -Trips Planning District County Wastewater Collection Zone Drainage Subcatchment Bann 1 Solid Waste Collection Route Transportation Corridor Name 54 I Excess Capacity After Charge >2% abcve aemanc ; Concurrency Checkoff K DUfacie 13 DU's . I SANITARY SEWER TRANSMISSION j FAR 0 sq.ft. I Population Increment. Residents •2441 1B I Transmission Requirement, gpd 4! 187: j I Excess Capacity Before Change See Ncte 1 1 I Excess Capacity After Change See Note 1 , I{2t4) I Coneurtency Checkoff ... WA SA Permit Reawreo I _. (95)- e -36 i , STORM SEWER CAPACrrY Coral Way I 310 ) Ti I. 38 I S. Dixie I I F I I RELEVANT MCNP GOALS, OBJECTIVES. AND POLICIES Land Use Policy L 1 1 CIE Policy 1.2.3 I I I I NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASH). Excess capacity, A any, is currently not known CM-1-IN 03/13/90 I• ( I I 1 F I I I I I I I I I I I F E.,diltratfon System Before Change On.sle I Exfiltration System After Change On -'site I Concurrency Checkoff — OK I SOLID WASTE COLLECTION j Population Increment, Residents (244) 1 Solid Waste Generation, tons year -313 I Excess Capacity Before Change 500 1 Excess Cipscity After Change 8f3 .Concurrency Checkoff q — OK 1 TRAFFIC CIRCULATION I Population Increment Residents (244) I Peak -Hour Person -Trip Generation -36 I LOS Before Change C LOS Attar Change C i Concurrency Checkoff OK I ASSUMPTIONS AND COMMENTS -Population increment is assumed to be all new residents Peak- penod trip generation from ITS Trip Generation, Sth Edition. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Sefwe connections to water and sewer mains are assumed to be of adequate size; it not. new connec- tions to be installed at owners expense. Recreation/Open Space acreage requirements and Traffic Circulation VIC balances assume proposed change. Transportation Corridor capacities and LOS from Table PT-2(R1). Data and Analysis. 112.19 IW VIZCATRAN ZONING STUDY ZONING STUDY FOR THE VIZCATRAN PROPERTY AT THE INTERSECTION OF S•N• 32ND ROAD, S•Wa 1ST AVENUE AND S.W••22ND TERRACE 1.1219 r7 Prepared by the Planning, Building and Zoning Department of the City of Miami ` October, 1993 BACKGROUND In 1979, the area was the subject of the ,'Vizcaya Station Area Plan (October 17, 1979). The Plan recommended that parcels adjoining the Vizcaya Netrorail Station should be assembled, including street closures, for the purpose of developing a high - intensity residential use. The proposed increase in land use intensity was intended to maximize transit opportunities by linking the station to the so-called "Five Points" area with a high -intensity activity center combining housing, office employment, and support retail services (See Figures i, 2 and 3.) Goals of the plan were to (1) maximize transit access benefits by concentrating high -intensity activity around the station; (2) unify the station with the Coral Way/Third Avenue commercial corridor; (3) provide housing opportunities for a significant number of families, offering flexibility in building types, housing styles, and cost; (4) increase property values for existing homeowners in the area; (5) increase tax base; (5) offer short-term option of converting existing houses to office space; and (6) provide convenient retail services for the entire neighborhood and for transit patrons. Admitted disadvantages of the plan includedt (1) competition of the proposed development with existing of fige ' centers; ( 2 ) conversion of existing structures to office preventing parcel assembly and intensive development which could change the scale and character of the existing residential neighborhood requiring lower density transition buffers; and finally, (3) the chance that land development economics might favor office uses over residential. The study recommended that land uses in the immediate station area between S.W. lot Avenue and S.W. 3rd Avenue should be (1) limited to " residential; (2) mazimme densities of approximately 55 units per acre should be permitted within the area around 32nd Road; (3) a height limitation of six stories should be observed to avoid imposition on the character and privacy of the surrounding lore -density neighborhood; (4) lower density buffer areas should provide a transition between higher density residential near the station and surrounding low -density residential in adjoining neighborhoods; and finally, (5) land use and density changes should be confined to the area directly affected by the transit station. Subsequently in 1986, the tract adjacent to the Vizcaya Station was rezoned from RG-1/3 (the equivalent of the present R.-2 Two -Family Residential) to RG13/7 (.the.equivalent of the preset R-4 Righ-Density Residential.) T 1 RG-3/7 had a density range of 50-80 dwelling units per acre and no height limit. R-4 has a density of up to 150 units per acre and nQ height limit. 14 2.19 t, t ' Y ., f ` C' �:, a F Sv �"<' > • }�� "F � t � . D ...i1f'9.< �'`^t , e Y 3- '^ZC IFV��L i. t+ X-f•% �'„12..r �"'�'v..?�4.-+�iF� FF � ,�,�.c.. ter' �,{' Ilk OR 14 � t .•.r lyM Y`">'�}n�r•>f� 1 "*>: ,� t C i ♦ '� " .�d}�r,�y'y %� 'ac i��.'. �'��kYS� n -. `' t ,. �� •. - �ajGj,1, LT't J "tols % �rL'eSc'�'yO,� 7f ,�` �»`•�� �'b�•�''1?"we^.84•��y �. �� �7'f � . � r i � , arudrlw� '�+�� ate. • as�sa "�. �+ pile '".'<c.�• 1 � :' �' ot Zil♦ T mmia �y,� a gf ,� � '�3� A . ♦,fix^ '' ` ar A ��•*'"^� ��u° �T '�`y Wig' �y,y♦ '{%Adi°- �lrl�t�``XI?. ■�'�6i �y f � � .r g' > A �`� s �OYr"a . �, „d IL IX j� zlp '.;��',?' 'J d° ,F6• , 1d` �,;yoy� ll 7�R y �,� �.F.+.� ...r5yo^".Y.' S '_ _.fa'g o�,.n +Y .+^�"s,� ��)'<MiP^'or✓• . }w�1 .r .M'� . -. Y� _ �. .Or •<�+'�r_b'^'opj ' �./'Ir'o'��' Y! 'a.6.5" �♦�,,�r _✓'•"•^ `�` P fl; " ✓✓✓AA''�''"'. �< f llu U 'U lu Lra Lji L-J L-j IM, 201% s I. ooToopp o AC31 ao PooW�� sw 21111.�T. CON" WAY es o1blo M. th st tion area. kollfullw3i "VAN% "M-9p . cmMunity cominorcial .0 of 00 001, M: 11H H. HIM• 0:;i ; O 0 tojf� -- — 000000 tit ME: It t 0 00 00 .i.. IN !1!IIOH AREA DESIGN ANO DEVILi(XVINT single family multi family VIZCAYA duplex office FIGURE 2 VIZCAYA STATION' AREA EXISTING LAND USES © ❑ Accompanying the requested change of zoning was a restrictive covenant proffered by Vizcatran, Ltdl, the owner of the property. The covenant contained a series Iof actions and improvements which would be required on the part of the developer in order. to_ mitigate any potential adverse impacts that the developmentivould have on the adjacent residential area. t; This Vizcatran site has a history extending back to 1975 when the Claughton Island Development Order obligated those developers to provide two hundred -units of low-income housing on the island. The City Commission subsequently agreed to allow the developers to sponsor the construction of two hundred twenty-five units: off the island. These units were assigned to Model City (Tacolcy), to Little Havana (Rio. Towers), and. the remainder to the Roads area (Vizcatran). The Claughton island, developers made financial contributions .to subsidize the construction of these units:..:. Sec The... developer. proposed. a 100-unit housing facility for - the elderly project, nine -stories high, - which, required a variance waiving 79 of 110 required parking spaces. The City Commission granted the variance but on appeal, in June 1992s, the Third District Court of Appeals held that the variance was erroneously granted. In September 19931, the City Commi.ssiop.then directed the Administration to, conduct a study to detirmine the most suitable zoning classification for the site. r 11219 CHANGING CONDITIONS w This study is the result of a request by the 1;iami-Roads and Vizcatran-Roads Neighborhood Associations to the lCity Commission on September 27, 1993; in their presentation to the City Commission, they expressed their disagreement with the current zoning, even with the safeguards of the proffered covenant, which was granted to the subject property in 1986, and requested that the Planning, i9uilding and Zoning Department reevaluate the zoning of the tract in light of its changed circumstances. The forecasts, upon which Vizcatran was rezoned to RG-3/7 never were achieved. In 1978, the Metrorail, not yet built, was proposed to cart,,,- 200#000 patrons daily, predicated on a $2.00 a ;-gallon -gasoline. The Vizcaya Station was forecast to have _approximately 4,724 boardings daily; a parking lot of about. 125 .spaces would be required. In 1993, it is estimated that Metrorail carries 460,000: to 50,000 patrons daily. The Vizcaya Station"has 1,096.boarding daily and the 107-space parking lot is never full Thus, due to stagnant market conditions and trane.It ridership which never fulfilled.eapectations, the need for this project never materialized and none of the developer's proposals or improvements were ever accomplished. A chronology of the Vizcatran project is attached in the Appendix. 1 ANALYSIS Around the subject property in particular,, all contiguous properties are zoned R-2 Medium -Density Residential; properties directly across from the subject property are zoned R-2 as well. A small O Office parcel is within a block and to the northwest of the Vizcatran tract near the intersection of S.W. 22nd Road and S.W. 32nd Road. R-3 Medium -Density Residential is about one block to the southeast of tract and adjacent both to Metro -Rail and U.S. 1; however, all parcels west of Vizcaya Station and adjacent to the north right-of-way of Metro -Rail and U.S. 1 are zoned R-2; those parcels adjacent to the south of the U.S. 1 right-of-way are zoned R-1. Between U.S. 1 and South Miami Avenue the zoning is uniformly R�1 Single Family Residential. The attached maps (see Figures 4 and 5) submitted with the companion rezoning petition, depict that for a several block radius, this R-1 and R-2 pattern still remains predominant today. The current zoning classification of R-4 High -Density Residential (the Ordinance 11000 equivalent of the Ordinance 9500 RG-3/7) was granted to the subject property influenced in part by a covenant which was proffered by the property owner; said covenant contained a condition that limited the height of the development to nine stories. The R-4 Zoning District allows up to 150 dwelling units per acre, a floor area ratio (F.A.R.) of 1.72 and unlimited height, but subject to setbacks above a height of 120 feet. The project proposed by the developer for the .72- acre site was for 100 units, nine stories high. A variance waiving 79 of 110 required parking spaces was sought (and finally rejected in court.) On its own merits and considering the intensity of uses permitted in the R-4 zoning classification, as listed in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, the zoning classification of R-4 for the tract could pose an intrusion to the stability of the low -density residential area that it borders, particularly for the neighborhood to the east of this block. In summary, the R-4 High -Density Multifamily Residential zoning would appear to be unrealistic given the changed conditions, the low transit ridership, poor office market conditions and sluggish demand for high -density multifamily housing, in the an area remote from the bayfront. The R-3 Medium -Density Multifamily Residential District allows a,density of up to 65 dwelling units per acre, a height limit of • 50 feet and a floor area ratio of .75 (times gross lot area.) within these parameters, a 5-story apartment containing as many as 33 two -bedroom its with surface parking for 37 cars could -be visualized. If an SD-19 Overlay District limiting the t floor area ratio to .4 were to be added,;-- then a i 3-story project 4 of 17 two -bedroom units with 20 parking spaces could be visualized. Either with an R-3 Zoning District alone or with an 4-3. Zoning District with an SD-19 Overlay District, there would 11219 be a visual and physical impact on the surrounding neighborhood. Vehicular traffic, which would ideally enter and leave on S.W. 22nd Terrace would directly impact the other housing on that street; service deliveries to the proposed building -would also be over S.W. 22nd Terrace which would further impact the area. Either proposed building is from three to five dtories high and approximately 100 feet in length which is out -of -scale in size and mass with other housing in the immediate neighborhood. Zoning Ordinance 11000 offers a designation which allows for primarily a low -density residential level of development in its R-2 Two -Family Residential designation. Areas designated as two- family or duplex residential allow the construction of up to a two -unit residential structure (either attached or detached) on a typical lot. This category all-,ws a maximum net density of eighteen (18) units per acre or agroximately two thousand five hundred (2,500) square feet per unit. The Vizcatran tract with approximately 0.72 acres would, if developed to its maximum density potential permit up to thirteen (13) dwelling units, either attached or detached. Specifically, the R-2 zoning classification allows for the following intensities: f Intensity: Minimum lot size: Five thousand (5,000) square feet. Setbacks: Front - Twenty (20) feet; side -'five (5) feet; rear - twenty (20) feet for principal usia structures and ten (10) for accessory use structures. Minimum lot width: Fifty (50) feet. Heights Maximum of twenty-five ( 25 ) feet from flood level or average sidewalk elevation, whichever is higher. Floor area ratios Maximum of six -tenths (0.60) times the gross lot area. Building footprints Maximum of four -tenths (0.40) times the gross lot area. Green spaces Minimum of fifteen -hundredths (0.15) times the gross lot area. Rezoning to R-2 would mirror the neighborhood, would be in scale with would have a correspondingly reduced 114, existing development in the surrounding development and impact. W. 11219 17 Ll 7-.M�mw ink •1: eL Gm uu riloo nownFINTIA f ul M 64AJOP PUBLU CAP%-4f _1 a -AMILW 20-QId FINDINGS It is hereby found that: 1. The 1978 forecasts of future patronage, market conditions and economic impact in the Vizcaya Station Areal, upon which the Vizcatran site was rezoned, have not been fulfilled. In 1993, there are changed conditions which call into question the existing zoning. 2. The current zoning c_.Assification of R-4, High -Density Multifamily Residential is not in harmony with the established land use pattern of single- and two-family residential development and allows a much higher intensity and density of residential use than the surrounding neighborhood. It is excessive in scale, height and mass for the immediate needs of the neighborhood and, if fully developed, would adversely impact the traffic circulation, light and air flow, and property values of the adjacent neighborhood. 3. Changed conditions dictate a return to the pre-1986 zoning pattern. Rezoning to R-2 Duplex zoning will reflect the zoning and land use pattern of surrounding properties. R-2 zoning will protect the adjacent residential neighborhood from undue impact of increased traffic, and other adverse impacts. The R-2 zoning classification will assure the adjacent residential neighborhood that i high -intensity residential or mixed uses will not be developed immediately fronting single- and two-family homes. Specific findings are as follows: (a) The proposed change does not conform with the adopted Miami Comprehensive Neighborhood Plan and requires a plan amendment; (b) The proposed change is in harmony with the established land use pattern; (c) The proposed change is related to adjacent and nearby districts; (d) The change suggested is not out of scale with the needs of the neighborhood or the city; (e) The proposed change maintains the same or similar population density pattern and thereby does not.increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; (g) Changed or changing conditions make the passage of the proposed change necessary; • (h) The proposed change positively influences living conditions in the neighborhood; (i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification; (j) The proposed change has the same or similar impact on drainage as the existing classification; (k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification; (1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification; (m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations; (n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare; (o) There are no substantial reasons why the use of the property is unfairly limited under existing zoning; (p) it is not difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 7 • i r 11219 -i RECOMMNDATION Based on changed conditions, the analysis and findings above, it is recommended that the subject property (VIZCATRAN GARDEN) be rezoned to R-2 Two -Family Residential and that the corresponding change be made to the Miami Comprehensive Neighborhood Plan 1989-2000 by changing the land use designation on the Future Land Use Plan from High -Density Multi -Family to Duplex. T_. f APPENDIX: CHRONOLOGY Resolution Number/Date: R-75-135 2/12/75 as amended by R-75-423 4/22/75 R-79-708 10/17/79 R-85-812 7/25/85 R-86-169 2/27/86 Plat and Street Committee 3/7/86 ZB 24-86 3/17/86 3/27/86 ZB-33-86 4/7/86 Ord. 10102 4/22/86 R-86-305 4/22/86 City Commission Action: Claughton Island Development Order approved requiring developer to furnish 200 units of low-income housing on the island. Approval of Vizcaya Station Area Plan. Amended Development Order to require construction of not less than 225 units of moderate income affordable housing on two separate sites on the mainland other than in Southeast Overtown/Park West. Resolution approving Claughton Island developers' contribution of $3.2 million for Shell City and East Little Havana sites; Claughton Island developers to contract with Vizcaya Metrorail site developers for 104 units at Vizcaya Metrorail site. Plat and Street Committee recommended approval of the TP #1274 VIZCATRAN GARDEN. Zoning Board recommended approval of a rezoning from RG-1/3 to RG- 3/7 with Planning Department's recommendation for approval. City Commission passed the above request on First Reading. Zoning Board recc,.mended approval of the closure .of S.W. 22nd Terrace with Planning 'Department's recommendation for approval. City Commission passed on Second Reading the above zoning request. City Commission granted the stree closure. 11'219 Discussion Item Discussion of plat acceptance of 6/26/86 Vizcatran Garden A - Reconsider plat acceptance of M-86-518 Vizcatran Garden; B - plat R-86-519 acceptance of Vizcatran Garden. 6/26/86 6/27/86 ;A Declaration of Restrictive Covenants was recorded. M-88-353 Approved basic terms of agreement 4/14/88 presented by Mr. Joseph Portunondo in connection with proposed affordable housing project near Vizcaya Metrorail Station, with certain limitations. Approved escrow agreement by and R-88-542 between Swire Pacific Holdings, 6/9/88 Inc., Vizcatran, LTD., Ocean Bank of Miami, and the City of Miami in connection with proposed development of an elderly - handicapped housing project. R-90-124 Approved modification to prior 2/7/90 agreement by and between City of Miami, Swire Pacific Holdings, Inc., Vizcatran, LTD., and Ocean Bank of Miami concerning development of elderly or handicapped housing on Vizcatran site (Vizcaya Metrorail); allowed Vizcatran, LTD., to withdraw monies from escrow account at Ocean Bank, subject to proviso. Ord. 11000 Affected all zoning classifications 9/4/90 and provisions citywide; RG-3/7 in prior Zoning Ordinance 9500 generally was translated as R-4 in Zoning Ordinance 11000 on this effective date. ZB-23-91 !Zoning Board recommended denial of 5/6/91 variance for R-4 offstreet parking requirements to allow the construction of a 9-story, 100- unit residential structure waiving 79 of 110 required offstreet parking spaces (31 spaces provided). R-91-482 Granted appeal by Vizcatran, LTD., 6/20/91 (previously denied by Zoning 1,1219. Board) to reduce the required nur,ber of parking spaces at 168- 200 S.W. 32 Road, 3200-3202 S.W. 2 Avenue, and 1100-1139 S.W. 22 Terrace, with conditions. Circuit Court, On appeal, affirmed the decision of Eleventh Judicial the City Commission. Circuit 11/15/91 Third District Court On writ of certiorari, held that of Appeals variance was erroneously granted 6/22/p92 in absence of evidence that no reasonable use could be made of property absent the variance (Herrera et al. _vs. City of Miami.) R-92-539 Ratified postponement of collection 9/10/92 from Vizcatran, LTD., of fees required by Code Sec. 2-99(a)(2) to extend time limitation request; said fees to be paid in full by Vizcatran, LTD., at such time that necessary funding is secured by ! CODEC, Inc., to begin construction within subject subdivision. [Note: This resolution was later reconsidered and rescinded by M- 92-546.] M-92-546 (A) Reconsidered prior vote on CA- 9/10/92 32 (Resolution ratifying the postponement of the fees from Vizcatran, LTD., required under Code Sec. 2-99(a)(2); (B) Deferred consideration of proposed resolution to ratify the postponement of the collection of fees from Vizcatran, LTD., by extending said subdivision's time limitation for completion of improvements until such time as i CODEC secures necessary funding to begin construction. M-92-641 Denied proposed resolution 10/8/92 ratifying postponement of collection from Vizcatran, LTD., of fees required by the Code to extend subdivision improvements time limit to June 26, 1993, fee to be due in full at such time a CODEC, Inc. obtained necessa 11219 Funding to begin construction, as related to Vizcatran Garden Subdivision. M-93-604 Directed the City Manager to 9/27/93 conduct a zoning study to determine most suitable zoning classification for the Vizcatran site. R-93-809 The City Commission rejected 12/16/93 proposed downzoning of the property. 1/13/94 The City Commission directed the Administration to negotiate with the developer. A foundation permit was issued for the building. R-94-415 The City Commission authorized 6/9/94 a settlement agreement with the owners, but allowing the owners to keep the property. �',. JO 11219. DUPLEX s.w RESIDENTIAL ST MEDIUM DENSITY MULTI FAMILY DUPLEX RESIDENTIAL W MAJOR PUBLIC sF SINGLE FACILITY FAMILY RESIDENTIAL NOW- WWI 19 RESOLUTION PAB - 48-94 .A RESOLUTION RECOMMENDING APPROVAL.OF AMENDING ORDINANCE 10544, AS MENDED, -.THE MIAMI:COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000, FUTURE LAND USE MAP, 'BY I CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 168-200 SW 32ND'ROAD; 3200-3202 SW 1ST AVENUE AND 1100-1139 SW 22ND TERRACE FROM HIGH DENSITY MULTI FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL. HEARING DATE: September 21, 1994 VOTE: nine (9� to zero (0) ATTEST: ERGIO RODRIGUEZ, DIRECTOR PLANNING, BUILDING AND ZONING .11219 37 Application f Date: CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions andamendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted 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 amendment or addition, it may on its own motion, direct the Planning Department to prepare such amendment for submission to and review by the Planning Advisory Board. The Planning Advisory Board shall make a recommendation on the proposed plan amendment to the City Commission within a reasonable time as established by the City Commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: City Commission Planning, Building and Zoning Department Zoning Board Other 6 Please Specify: Agreement between the City of tliami and ( Vizcatran, Ltd. The subject property is located at corner of S.W. 1st Avenue and 32 Road Miami, Florida AND MORE PARTICULARLY DESCRIBED AS: { TRACT A, VI-JCATRAN GARDEt4, AS P?T. THE PLAT THEFEOF P.ECORDED IN PLAT BOOK 129, PAGE 89, IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. Page 1 of 3 1121 9 The undersigned being the owner or the representative of the owner, of the subject property do(es) respectfully request the approval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plan: FROM; Multi Family--High—Density Residen+-;a7 TO; Res iden i a jnup l eX ----- Please supply a statement indicating why you think the existing plan designation is inappropriate: See attached Agreement between the City of Miami and Applicant. Please supply a statement justifying your request to change the plan to your requested plan designation. See attached Agreement between the City of Miami and Applicant. q0I What is the acreage of the property being requested for a change in plan designation? .77 acres 1-1 2 1 9 Page 2 of 3 Has the designation of this property been changed in the last year? Do 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? Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? yes Have you filed with the Planning and Zoning Boards Administration Department: Affidavit of ownership? ves List of owners of property within 375 feet of the subject property? ,-es Disclosure of offership form? ve s. If not, please supply them. SIGNATURE ,.� NAME DATE ' 1 CL 29, `9 ` T ADDRESS N\e rr i'cK '����� ; Sc-� �� "� . CC � Galo les ' *FL- 3 313 � PHONE�� STATE OF FLORIDA } SS: COUNTY OF DATE }1 Lo,,rdes *. Tr(>)gnAez , being duly sworn, deposes and says that he is the (Authorized -gent tor er o re the al property described above: that he has read the foregoing answers and that the same are true and complete; and (if acting as gent for owner) that he has authority to execute this petition on behalf of a weer. PJ aEAL) SWORN TO AND SUB C IBED before me this day of ,�j, 4 ' MY COMMISSION EXPIRES: Computation of Fee: Receipt l: Page 3 of 3 f..•"""..� NoiARY FMIC br� OF FLOKA �� ELIZABETH GARCIA o mC 6 Large �•� •� MY COMMISSION EXPRES '•�••"' OCTOEER 21 19Unommmome 1.1219 AFFIDAVIT STATE OF FLORIDA SS COUNTY OF DADE Before me, the undersigned authority, this day personally appeared I-c-ilrApS %. r (� a, who being by me first duly sworn, upon oath; deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as- described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. (SEAL) e Sworn to and Subscribed beforeme QQ1 this a„1 day of J 19t7. otary ic, state or -Florida at Large My Commission Expires: +""�•ti NOTARY Ftft C STATE OF FLOMDA , ELIZABETH GARCIA CGhthpBSIDPI NO CC 037M 136 MY COMMMU ExRRE9 OCTOW 21 IM 11219 0 OWNER'S LIST Owner's Name Vizcatran, Ltd. Mailing Address c/o Lourdes M. Fernandez, Esq. 110 Merrick Way, Ste. 2—C, Coral Gables, FL Telephone Number (305) 443-9162 Legal Description: TRACT A, VIZCATRAN GARDEN, AS PER THE PLAT THMEOF RECORDED IN PLAT BOOK 129, PAGE 89 IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. Owner's Name Mailing Address 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 Legal Description None Street Address Legal Description Street Address Legal Description 1121,9 aJL Z; 44 J4C1J - LL—ZZ=AL_ P o 43E ez W1104' 1-101 OISCLOSURE OF OUKEESW 1, Legal description and street address of subject real property: TRACT A, VIZCATRAN GARDEN, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 129, 1PAG)J 89 IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 2. Owner(s) of subject real property and percentage of ownanhip. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject +setter of a presentation, request or petition to the City emission. Accordingly, question iZ requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interett. VIZCATRAN, LTD., 10011 (limited partnership) General Partner: Juan Delgado Limited Partners: 2/3 - Juan Delgado and 1/3 Toche, Inc. 9. Legal description and street address of any real property (a) oenu arty j�rez _ listed in answer to question /2. and (b) located :within 373 tent of the subject real Property. NONE OtRK ATTORNEY FOR DOER STATE OF FLORIDA } SS: COUM OF UK } �Lo Eus- des M � L'er �Z, bein only soon, demises WA son %Mt he to tft (ftme) (Attorney for Oiaaor) of tM rail proaerty 4e10110 ill weber to queetion Al, AWNS; that he has no tM faraping ricers and that the saw are tries and eoeolate; VW (if Toting eo atton:ay for erne*) tMt he hW wtW111 to isseairto the Oisclosure of OWN. hip fors ell behalt of tM owner., SUM TO AND SUOMIM beforeVe iday et� 1 M1r LONiSiTtlll t>ul1�St (S1tAl.) Mafee) 009 0 �// wl F, X&M VIOPHS At LAIF" k/ /ML G'0 b4ART FOLIC IOM VATItxpE I F 601t1!!i Nab 114OU GENERAL INS- UiO. AW i i 1 W AGREEMENT This settlement agreement is made this day of 1994, bX and between: (a) THE CITY OF MIAMI, ajMunicipality; (b) VIZCATRAN LTD., a Florida Limited Partnership; and I (c) LUIS HERRERA, K IN SMITH, LAURA ARANA, GEORGE TANTELARES, TERRY FOX, VICTO JIMENEZ, MANUEL HERRERA, WILLI HARRISON, CARMEN GARCIA, JUAN PEZ, BARBARA CORZO, RAISA GONZALEZ ANA GONZALEZ, MARCOS RUIZ, Ro ERT HALL, JOSE PEREZ, JUDITH PRADO JAYE M. STABLES, EUGENE R. ROG S, PIA ARMSTRONG, DAMNA SAN GERMAN BARBARA SAMET, LONAIDA LOPEZ, DIARY BAGHDAD2, BLANCA GARCIA, NANC QUINTANA, ELIZABETH HALLBAUER,:LOUIS ROTFORT, W. H. LE NOIR, MARI CARBONELL, RICHARD PLEBAN, MIRRAM S. DAVIS, JOSE GARCIA, MARIA T. HERNANDEZ, CAROLYN VAUGHN, OSIPL GONZALEZ, SYLVIA GONZALEZ, MARI FORTUN, NEDIA BONIDES, MITC ELL FRIEDMAN, ROSA BATTLE, LUIS MORALES, MARGARITA PILOTO, JOgE PILOTO, GLADYS FERNANDEZ, ANALDA PEREZ, JOE HERNANDEZ, MARIA M�,RTtLL, JUAN NAVA, MICHAEL HOWARD, TODD 1KOCOUREKI IGNACIO "ORO, PARMEN NAYLOS, MEGALY DIAZ-TORRES, BERGELEO SANCHEZ, AMBARi-,NA ROpRIGUEZ, JOE SOCARRA, RENE LOPEZ, CONNIE MCNEIL, JOHN CORONEL end RICHARD GONZALEZ, individuals (collectively referred to hereinafter as "THE NEIGHBORS"). 1 .T+88r,TH W E S, a lawsuit is presently pending in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, Appellate Division, Case # 94 -`15 AP (hereinafter referred to as "The Lawsuit"), wherein THE NEIGHBORS, as appellants, are contesting THE CITY OF MIAMI°s Resolution No. 93-809 rendered on December 16, 1993, which denieda zoning request of THE NEIGHBORS with respect to certain property owned by VIZCATRAN LTD. in THE CITY OF MIAMI, Dade County,'State of Florida, consisting of Tract A, Vizcatran Garden, as per the plat thereof recorded in Plat Book 129, Page 69 in the Public ROcords of. Dade County, Florida 5 (hereinafter referred to as "The;Property"). �1219 � AIM I 1 =REAs, THE CITY OF MI I and VIZCATRAN LTD., as appelle s, are defending the csorrectnes of said resolution. WHFiREAS, VIZCATRAN LTD., in addition, has expended substanti 1 sums in reliance upon past actions of previous members of t e Commission of THE CITY OF MIAMI and has to date reserved taking a y actions on any claims it may ossess against THE CITY OF MIAMI, a d H R4A , the present mem ers of the Commission of THE CITY F MIAMI, VIZCATRAN LTD., and HE NEIGHBORS all wish to amicabl resolve all of their disputes nd respective claims with respect t The Property and the zoning thereon, Z NOW _TZF ZEFORE, in cons covenants herein, the parties TERMS tion of the mutual promises to do the following forthwith: 1. VIZCATRAN LTD., THE CITY OF MIAMI, and THE NEIGHBORS shall file the appropriate pleapings and stipulations to cause The Lawsuit to be abated so as settlement agreement. The accomplish the terms of this ies agree to a dismissal of the lawsuit as moot once the terms #erein have been accomplished. 2. VIZCATRAN LTD. sha2lj within 15 days from the execution hereof, make such applications 1 and requests needed in order to down -zone, and redesignate on t e plan of THE CITY OF MIAMZ, The Property to R-2 Two -Family R",,idential in accordance with the Recommendation of the "VizcatranZon.ing Study," which was prepared by the Planning, Building and ning Department of THE CITY OF Tt �, MIAMI, October, 1993. VIZCATPJ:W LTD., and its Successors in interest to The Property, will develop The Property, solely in 11219 folk Z 1 reimbursement of Costs and attorney's fees incurred by NEI+ SORS . 8. THE CITY OF MIAMI'shall pay to VIZCATRAN LTD, the sum of $980,000.00. Said total sum shall be paid as follows: (a). $628,000.0q in cash immediately upon The Property being down -zoned and at closing; (b). $100,000.00 in cash on June 9, 1995; (c). $1000000.00 in cash.on June 9, 1996, and (d) $102,000.00 in cash on June 9, 1997. (e). THE CITY OF MIAMI shall receive a credit toward the -total sum in Amount of $50,000.00 in exchange for the cancellation of all indebtedness of VIZCATRAN a. LTD. to THE CITY of MIAMI resulting from earlier distributions of funds from the escrow account referenced in paragraph 4 above. MISCELLANEOUS TERMS 1 9. THE CITY OF MIAMI agrees to extend all existing permits of VIZCATRAN LTD. until the terms herein have been accomplished. 10. This agreement shall be construed in accordance with the laws of the State of Florida. 11. This agreement constitutes the entire agreement and understanding of the parties. 12. All of the above promises and covenants shall, be performed as expeditiously as possible. The parties agree that time is of the essence in the performance of these covenants and promises . 1,1219 1. - 4.1 A AW I I accordance with the R-2 2on�ng category. D3. THE CITY OF MIAMI will waive all fees associated w th VIZCATRAN LTD.'s application and requests to down -zone e Property. , 3 THE CITY OF MIAMX� shall approve the applications requ sts of VIZCATRAN LTD. tq down -zone the property as set f herein. 1 CL08ING TMM IT -IS -FURTHER -AGREED thatf upon The Property being down -zoned the parties will do the follo7ing forthwith and simultaneously: 4. VIZCATRAN LTD. sh it consent to, and execute an documents necessary, to have 11 funds disbursed to THE CITY 0 MIAMI which are presently heldin escrow at Ocean Bank pursuant t that Agreement dated June 15, 188, by and among THE CITY OF MIAMI; VIZCATRAN LTD.; Swire pace. lc Holdings Inc., a Delaware corporation; Swire Biscayne, Inc., a Florida corporation; and Ocean Bank, a state chartered bank. I 5. VIZCATRAN LTD. shall�re-dedicate to THE CITY OF MIAMI 4 that portion of the street k own as S.W. 22nd Terrace which VIZCATRAN LTD. had earlier obta ned from THE CITY OF MIAMI. 6. VIZCATRAN LTD. shall pay $25,000.00 to the order of the trust account of John G. Fletcier, Esq. Said sum represents a reimbursement of costs and a torney's fees incurred by THE NEIGHBORS. I i 7. THE CITY OF MIAMI shall pay $25,000.00 to the order of i + the trust account of John G. Fletcher, Esq. Saidpsuin represents a imilk IN WITNESS WHEREOF, th' parties hereunder have executed t is agreement can the date and year first above written. V12CATRAN LTD., a Florida Limited Partnership, By i as Counsel of Record ,THE CITY OF MIAMI, a !Municipality, !By as Counsel of Record i ITHE NEIGHBORS, the named indi.vidua s o this agreement, iBy, as CounseTof Record