HomeMy WebLinkAboutO-11266" i'l e =
J-95-240
3/16/95 .11266
ORDINANCE NO.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR
THE PROPERTY LOCATED AT 5600-5664 WEST
FLAGLER STREET, BY CHANGING THE LAND USE
DESIGNATION FROM RESTRICTED COMMERCIAL TO
GENERAL COMMERCIAL; 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
March 15, 1995, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 12-95, by a vote of four to three
(4-3), thus constituting a denial of an amendment to the Future
Land Use Map of Ordinance No. 10544, as amended, the Miami
Comprehensive Neighborhood Plan 1989-2000, as hereinafter set
forth; and
WHEREAS, notwithstanding the Planning Advisory Board's
recommendation, the City Commission, after careful consideration
of this matter, deems it advisable and in the best interest of
the general welfare of the City of Miami and its inhabitants to
grant this Comprehensive Plan change as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The 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 designation
I1266
from Restricted Commercial to General Commercial for the property
located at 5600-5664 West Flagler Street, Miami, Florida, more
particularly described as Lots 1 through 16 of Block 3, of
AMENDED PLAT OF FLAGLER TERRACE SUBDIVISION, Plat Book 38 at Page
80, 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
I
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
Community Affairs, Tallahassee, Florida, The South Florida
Regional Planning Council; The South Florida Water Management
District; The Florida Department of Environmental Protection; and
-2-
`'� �. ti66
The South 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
May , 1995.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of May , 1995.
STE HEN P. RK, MAYOR
ATTE T: /
,L/ MATTY H I, CITY CLERK
PREPARED AND APPROVED BY:
C. ;." V 4d
�
)E�L_E . MAXW L
UTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
S II
CITY" ATTO Y
M2132/JE mis
II
-3-
11266
TA WHOM IT MAX CONCERN:
r�im
PETITION
Hirai
City Clerk
WE, THE UNDERSIGNED, are residents who live within 375 feet of the
property located at 5600-5650 West Plaagler Street, Miami, Florida.
We fully support and are in favor of Joseph and Karen Lawrence•s
application to Change the roving of such property from C-1
(Restricted Cvnaercial) to C-2 (Liberal Comuercial) so that
Lawrence Plumbing Supply can expand its wholesale plvnbing supply
business.
Y4 a-44 P-e/
ignatuse
2.
Signature
3. L�/1
S�Snatu
4.
Sig-n-ature
6.
7.
Signature
T
Respectfully submitted,
/Va r9
,.. �
f2 Svc him S/
11266
4.
Sig"ure
10. �
Signs re
atuse
12 r
S1gnatura
13.
14.
16. S ,,�L_
-Signatwftv
17. �e�-��� c� CW-C
Signature
'
Signature
WFAMOOMM
2o.
Submitted into .O-�e public
record in
i
item Q om- � Orl
City Clerl
)a Czv
.d
6/1 S 9, S T /4 M I FiA S 3 11
L
g D s, d.-ygevss car 2 -
e d
i z� S s� roy
Ll
S• r - G� To
0-/R
S.
U I C,+o r 12. act r t c+ e Z
t.;L t _ sw s"? .A ue ^
nrapY i Fc- 3ii.1/6/
vc-
/A 144
11266
>` Submitted into 0—, public
record in with
s .►
item • `� c�z _ 0 1 5.
Dfl-aliY l izai
City Clerk
22. Ie 4-x-C
Signatuxs CGCr' f _ -- =7
23. —,P/L .C410'�F' e4-,
Signature r
Si tur0 -
25. Q7Zct
Si atura
Sigmture
27,
28
r_
r
33.
34.
b d 1* Orgelp �± A*, �_
11266
j)
This Instrument Was Prepared by, Record and Return To:
Gary A. Levinson, Esq.
Rollnick Rosen Linden Steinman & Levy, P.A.
100 Southeast Second Street
35th Floor, International Place
Miami, Florida 33131
Hirai
City cl .Zk
This Declaration of Restrictive Covenants (the "Declaration") made this day of , 1995,
by Joseph Lawrence and Karen Lawrence (hereinafter collectively referred to as the "Owner"), in favor of the City of
Miami, Florida, a municipality located within the State of Florida (hereinafter referred to as the "City").
awemsaadvv
WHEREAS, the Owner holds fee -simple title to certain real property in the City of Miami, State of Florida (the
"City"), located at 5600 - 5664 West Flagler Street, Miami, Florida, and legally described as:
Lots 1 through 16, Block 3, AMENDED PLAT OF FLAGLER TERRACE, according
to the Plat thereof, less the South one (1) foot of
Lots 1 through 16, Asa -tau -East one-(�j-€eot-
-T at$I ugh -1.6, as recorded in Plat Book 38, at Page 80, of the Public Records of
Dade County, Florida
(the "Property"); and
WHEREAS, the Owner appeared as an applicant before the City Commission of the City of Miami (the "City
Commission") at its meeting of May 1, 1995 for the purpose of requesting an amendment to the Zoning Atlas of the
City of Miami (the "Zoning Atlas"), to change the zoning of the Property from C-1 (Restricted Commercial) to C-2
(Liberal Commercial);
WHEREAS, the City Commission granted Owner's request to amend the Zoning Atlas to change the zoning
of the Property from C-1 (Restricted. Commercial) to C-2 (Liberal Commercial); and
-1-
11266
WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be
operated in accordance with the provisions of this Declaration.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the
following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon
the Owner of the Property, and their heirs, successors and assigns as follows:
Section L Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted
by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Limitation. The Owner agrees that it shall limit the use of the Property to all uses now and hereafter
permitted under C-1 Restricted Commercial and the wholesaling and warehousing of plumbing supplies and related
equipment.
Section 3. Effective Date. Upon the recording of this instrument in the Public Records of Dade County,
Florida, this instrument shall constitute a covenant running with the title to the Property and be binding upon Owner,
its successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners
of the Property and for the public welfare.
Section 4 Amendment and Modification. This instrument may be modified, amended, or released as to any
portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be
affected by such modification, amendment or release, providing that same has been approved by the Director of the
City's Planning, Building and Zoning Department or his successor, or, at the then owner's option, by the City
Commission after a public hearing which public hearing shall be applied for and at the expense of the Owner. Should
this instrument be so modified, amended or released, the'Director of the City's Planning, Building and Zoning
Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such
modification, amendment or release.
Section 5. Term of Covenant This voluntary covenant on the part of the Owner shall remain in full force. and
effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) years from the
date this instrument is recorded in the public records of Dade County and shall be automatically extended for successive
periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof.
Section 6. Inspection of Enforcement. It is understood and agreed that any official inspector of the City of
Miami shall have the right any time during normal working hours of entering and investigating the use of the Property
to determine whether the conditions of this Declaration and the requirements of the City's building and zoning
regulations are being complied with. An enforcement action may be brought by the City or by any property owner
within 375 feet of the Property, by action in law or in equity against any party or person violating or attempting to
violate any covenants of this Declaration, or provisions of the building and zoning regulations,' either to restrain
violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and
reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the
law.
Submitted into the public
record in c�_c_, -w-1,1 2 - 11266
item .Z • oil t1i
ip
city
Section 7. Severability. Invalidation of any one of these covenants by judgment Of Court shall not affect any
of the other provisions of the Declaration, which shall remain in full force and effect.
Section 8. Recording. This Declaration shall be filed of record among the Public Records of Dade County,
Florida, at the cost of the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of
1995.
JOSEPH LAWRENCE
KAREN LAWRENCE
STATE OF FLORIDA )
) SS:
.COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
Lawrence and Karen Lawrence.
day of , 19953, by Joseph
Signature of Notary Public
State of Florida
Print, Type or Stamp
Commissioned Name of
Notary Public
Personally Known or Produced Identification
Type of Identification Produced
Submitted into the public
record in conncc-lion v':,i.lh
item,
on.-: hll��
V:\WPDOCS\20013-93.1\DEC-REST.COV CIt'jT cleric
11266
a
APPLICANT
APPLICATION DATE
REQUEST/LOCATION
PLANNING FACT SHEET
Gary A. Levinson, Esq. for owners.
08/16/94.
Approximately 5600-5664 West Flagler Street.
LEGAL DESCRIPTION Lots 1 through 16, Block 3, AMENDED PLAT OF FLAGLER TERRACE (38-80) 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 at approximately 5600-5664 W. Flagler Street from Restricted Commercial
to General Commercial.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND The petition to change the land use designation from Restricted Commercial to
ANALYSIS General Commercial is in order to extend the existing grandfathered hardware use on
the southeastern corner of Flagler Street and 57th Avenue in an easterly direction
to include the remainder of the block. The Planning, Building and Zoning Department
contends that the increased density created by this amendment will not have
additional impact on the existing conditions in the area. MCNP Land Use Objective
1.3. requires the City to encourage commercial development within existing
commercial areas; this objective supports the position that the land use pattern
should be changed.
PLANNING ADVISORY BOARD Motion to approve failed VOTE: 4-3.
constituting a denial.
CITY COMMISSION Passed First Reading on CC 5/1/95.
Neighborhood Meeting held on 5/8/95 (See Attached).
APPLICATION NUMBER 94-135 March 15, 1995 11266
05/11/95
MINUTES
Lawrence Plumbing Supply Meeting
A meeting took place at 6:40 P.M. on May 8, 1995 at 5600 W.
Flagler Street, the site where a change in zoning and land use
has been requested (5600-5664 West Flagler Street). The meeting
was held at the direction of the City of Miami Commission on
April 27, 1995.
The 15 participants included neighbors, Mr. Gary Levinson,
attorney for the owner, and the owners of Lawrence Plumbing.
Representing the City was Jose R. Casanova, Planner for the
Planning, Building and Zoning Department.
A copy of a Declaration of Restrictive Covenants and an excirpt
from the zoning ordinance was distributed to the audience.
Gary Levinson, Esquire, led the presentation and explained the
content of the above documents. After some discussion, -.the
following was agreed upon:
1. That the site plan and signage of the proposed
improvements be reviewed and approved by the Planning
and Zoning Division of the Planning, Building and Zoning
Department.
2. That Section 4 (Amendment and Modification) of the
proposed Declaration of Restrictive Covenant be modified
to allow the Director of the Planning, Building and
Zoning Department to notify the property owners within a
375' radius prior to the approval by the Director offthe
Planning, Building and Zoning Department of :any
amendment or modification to the Declaration; of
Restrictive Covenants.
3. That the Lawrences will request on the May 25, 1995,
Commission meeting that "No Parking" signs be installed
in the alley located south of the property in order to
restrict parking between the hours of 12:00 midnight and
6:00 A.M. This is not a condition related to the City's
approval of the application.
Meeting adjourned at 8:30 P.M.
Attachments
JJ/95:86
11266 ' 3
I`I41,-09-199T 17 : 17
Rollniok
Rosen
Linden
Steinman &
Levy, P.A.
VIA TELEF&X AND
REGULAR MAIL
May 9. 1995
a
Mr. Jose Casanova
Planning, Building & Zoning Department
275 N.'Vii. 2nd Street
]Miami, Florida 33128
5?9000 P.02
IFF, V T
3500International Place
100 SE 2nd Street
Miami FL33131
Tel. 305 579 0008
Fax 305 579 0007
Cora/ 6. ks Office
133 Seville
Coral Gables FL 33134
TO. 305 444 7800
Fax 305 444 3683
Re: Lawrence Application for Amendment to Zoning Atlas and Application to Amend the Miami
Comprehensive Neighborhood Plan/Lots 1-16, Block 3, Amended Plat of Flagler Terrace, Plat
Book 38, Page 80, Dade County, Florida.
Dear Mr. Casanova:
The following was agreed to at our meeting with the neighbors on Monday, May 8, 1995 at 7:00 P.M.:
l . Section 4 of the Declaration of Restrictive Covenants shall be revised to provide, in essence, that prior to
any modification, amendment or release of the Declaration without approval by the City Commission after
a public hearing, written notice would be given to the neighbors and the neighbors would have an
opportunity to approve or disapprove such modification, amendment or release.
21 The Lawrences deiced that the site Plan and gienaec with mgwt. to thn imprnvrmrnls of the uihjrrt
property would be subject to the Planning Department's review and approval.
3. At the City Commission meeting on May 25, 1995, the Lawrences would request that the City look into
placing "No Parking" signs prohibiting parking in the alley on the south side of the property between the
hours of 12:00 midnight to 6:00 A.M. As agreed to by the neighbors, this is not a condition to the city's
approval of our application.
As rcqucsted, attached is a copy of the list of attendees at the above referenced meeting.
Should you have any questions or comments, please do not hesitate to contact me.
Very truly yours.
ROUNICK ROS s
STEINMAN ,
GAL/sip
Enclosures
cc: Irma Abella, Esq. (via fax: 579-3399)
Joseph W. McManus
Teresita L. Fernandez
Joe and Karen Lawrence 11266
v:twrnocszroi s-ss. n+Ar—%sA-1�4US.LTtx
,,
This Instrument Was Prepared by, Record and Return To:
Gary A. Levinson, Esq.
Rolinick Rosen Linden Steinman & Levy, P.A.
100 Southeast Second Street
35th Floor, International Place
Miami, Florida 33131
This Declaration of Restrictive Covenants (the "Declaration") made this day of . 1995,
by Joseph Lawrence and Karen Lawrence (hereinafter collectively referred to as the "Owner"), in favor -of the City of
Miami, Florida, a municipality located within the State of Florida (hereinafter referred to as the "City").
WHEREAS, the Owner holds fee -simple title to certain real property in the City of Miami, State of Florida (the
"City"), located at 5600 - 5664 West Flagler Street, Miami, Florida, and legally described as:
Lots 1 through 16, Block 3, AMENDED PLAT OF FLAGLER TERRACE, according
to the Plat thereof, as recorded in Plat Book 38, at Page 80, of the Public Records of
Dade County, Florida
(the "Property"); and
WHEREAS, the Owner appeared as an applicant before the City Commission of the City of Miami (the "City
Commission") at its meeting of May 1, 1995 for the purpose of requesting an' amendment to the Zoning Atlas of the
City of Miami (the "Zoning Atlas"), to change the zoning of the Property (less the south one (1) foot thereof) from C-1
(Restricted Commercial) to C-2 (Liberal Commercial);
WHEREAS, the City Commission granted Owner's request to amend the Zoning Atlas to change the zoning
of the Property (less the south one (1) foot thereof) from C-1 (Restricted Commercial) to C-2 (Liberal Commercial);
and
WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be
operated in accordance with the provisions of this Declaration.
-1 11266
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the
following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon
the Owner of the Property, and their heirs, successors and assigns as follows:
SCction 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted
by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. T ..irritation. The Owner agrees that it shall limit the use of the Property to all uses now and hereafter
permitted under C-1 Restricted Commercial and the wholesaling and warehousing of plumbing supplies and related
equipment.
Section Effective Date. Upon the recording of this instrument in the Public Records of Dade County,
Florida, this instrument shall constitute a covenant running with the title to the Property and be binding upon Owner,
its successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners
of the Property and for the public welfare.
Section 4 Amendment and Modification. This instrument may be modified, amended, or released as to any
portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be
affected by such modification, amendment or release, providing that same has been approved by the Director of the
City's Planning, Building and Zoning Department or his successor, or, at the then owner's option, by the City
Commission after a public hearing which public hearing shall be applied for and at the expense of the Owner. Should
this instrument be so modified, amended or released, the Director of the City's Planning, Building and Zoning
Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such
modification, amendment or release.
Section 5. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and
effect and shall be binding upon the Owner, its successors and assigns for an initial period of thirty (30) years from the
date this instrument is recorded in the public records of Dade County and shall be automatically extended for successive
periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof.
Section 6. Inspection of Enforcement. It is understood and agreed that any official inspector of the City of
Miami shall have the right any time`during normal working hours of entering and investigating the use of the Property
to determine whether the conditions of this Declaration and the requirements of the City's building and zoning
regulations are being complied with. An enforcement action may be brought by the City or by any property owner
within 375 feet of the Property, by action in law or in equity against any party or person violating or attempting to
violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain
violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and
reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the
law.
Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any
of the other provisions of the Declaration, which shall remain in full force and effect.
-2-
1"c6
Section 8. Recording, This Declaration shall be filed of record among the Public Records of Dade County,
Florida, at the cost of the Owner.
IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of
1995.
JOSEPH LAWRENCE
KAREN LAWRENCE
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this
Lawrence and Karen Lawrence.
Personally Known or Produced Identification
Type of Identification Produced
day of , 1995, by Joseph
Signature of Notary Public
State of Florida
Print, Type or Stamp
Commissioned Name of
Notary Public
-3
11266
The undersigned, Trowel Trades Association, Inc., hereby certifies that it is the holder of a purchase money first
mortgage upon Lots 1-10, Block 3, Amended Plat of Flagler Terrace, according to the Plat thereof, as recorded in Plat
Book 38, at Page 80, of the Public Records of Dade County, Florida, and does hereby consent to the foregoing
Declaration of Restrictive Covenants.
TROWEL TRADES ASSOCIATION, INC.
By:
James Canavan, President
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 1995, by James
Canavan, as President of Trowel Trades Association, Inc., on behalf of the corporation.
Signature of Notary Public
State of Florida
Print, Type or Stamp
Commissioned Name of
Notary Public
Personally Known or Produced Identification
Type of Identification Produced
v..\WPDOCS\20015-95.1\DEC-RES2.COV
-4-
FROM t
199S.0S-03
$ 401 M<AK FLORMA
C•1 Restricted ComwierciaL
Intent and Scald
ISt29 #029 P.02/07
The restricted commercial category allows structures used as any type of residential
facility except for rescue missions, to a maximum density equivalent to R4, subject to the
same limiting conditions; any activity included in the office doWgnatica, commercial marinas
and living quarters on vessels with specific limitations, and mixed -use or commercialactivities
which generally serve the daAy retailing and service needs of the public, typically requiring
easy access by pedestrians and private automolules. This category is located preferably in
areas directly served by arterial or a :lector roadways, or directly accessible via mass craw-
portation system
InMcsi&:
Minimum lot size: Five thousand (5,000) square feet.
Setbackm Front - tea (10) feet; side - no setback required or the same as the abutting
district, whichever is greaten rear - ten (10) feet, or the same as the abutting district
whichever is greats:; the ww"um beiglet of a building at the brae building line is
equal to the sum of the right-of-way plus the two (2) ftnt setbsciu on either side of the
right-of-way or one hundred twenty (120) feet, whichever is greater. Portions of build-
ings above that height @W& set black am (1) addidomal toot per etch foot in height,
except in lots with multiple st set tiontages where this adiditional setback applies to
frontage on arterials and collectors only.
Minimum lot width: Fifty (50) feet.
Height. Unlimited.
Floor area ratio: Maximum of one and seventy-two hundredths (1.72) times the gross lot
area.
Building footprint Makhaum of four -tenths (0.40) office the gross lot area.
Gram space: ldinimum of ono4enth (0.10) times the grow lot groa.
PerrnWed Pridcespal Uses: -
Within this district all commercial, office, sales, display and service activities shall be
conducted within completely enclosed buildings, wwapt in connection with outdoor eating
areas, automobile sales lots, plant nurseries or commercial parking lam or as approved in
connection with special permits, otherwise, there shall be no u aenc]osed stowage or display of
merchand io% matedids, or egvipmenc No wholesaling or jobbing shall be conducted from
within the district. No merchandise shall be stored other than that to be sold at retacl on the
prarutises, and no such staaraap sbAU be visiibb broom public ways. No off -premises storm of
merchandise shall be permitted within the district.
Same as for O district and in sdditiow
1. Financial institutions.
Supp. No. 2
116
11266
AV
r�'tvM t 199^5*,.,05-03 15129 #029 P.03/07
ZONING § 401
2. Clinics, studios, including radio and television broadcasting, medical laboratories,
travel agencies, ticket agencies.
3. Private clubs, lodges, fraternitift sororities and the like.
4. Residence hotels; lodginghouses; tourist homes; and guest homes, with quarters rented
for periods of one (1) week or more, hotels and other transient facilities.
6. Restaurants, tearooms, cafes, esxept drive-in.
6. Retail establishments for We of groceries, wearing apparel, photographic and hobby
supplies, antiques, toys, sundries, bookstores. music stores, florists; delicatessens,
meet mark&A bakeries, coafecdoneries, ice cream stores; drugstores; gift shops hard -
were stores; variety stores; stores for television, radio and other electronic appliances,
videotape sales and rentals, jewelry stow es (except pawnshops); art stares; page
liquor stores (without drive-in facilities), horse furnishings and app, office
furnishings, equipment and supplift floor eoverlM Lather goods, lugpp, sporting
goods, bicycles; garden supply eetabiashnseate; paint and wallpaper stores. Rental of
formal attire and hospital equipment. Repaar and incidental asseunbly are permitted
as accessory, but not principal uses. Aside from antique art, jewelry and bookstores
and stares renting formal attire and hospital, equipment, no such retail establishment
shall deal In sscondhaud merchandise.
7. Public and private primary* and sewudary schools.
S. Post secondary public and private educational facilities, business and trade schools,
except those with vas rnsl evidence of activities of an industrial nature.
9. Services estabiishmenta, including photographic studies, interior deooratats, letter,
photostating or duplicating servioes, locksmiths, barber and beauty shape; shoe re-
pair; tsiloiiag; dressmalrim millinery and drwpery fabrication, emept where prod-
ucts are for off -premises sale; coin operated laarndry and dry cleaning faaities with,
rated capacity limited to twentrfive (26) Pounds per machane, five hundred (500)
pounds toted for laundry, and ten (10) pounds per machine, forty (40) pounds total for
dry cleaning lowwhy and dry cleaning agencies or establishments, with total ca-
pacity of laundz7 and dry cleaning machines limited is for eoY"opersted f1ecil3ties.
10. Driv school agencies.
11. Mortuaries or fWwral homes with not to exceed two (2) retorts as an accessory use.
12. Printing incidental to a permitted principal we. blueprinting and the like; photo•
graphic devskjo bent laboratories.
13. Theaters (other than drive-in).
14. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise.
but not secondhand merchandise otherwise.
15. Parking lots, parking garages.
gupp. No. 2 117
11266
FROM s
§ 401
MAW. FLORMA
199S.0S-03 1Ss29 #029 P.04/07
16. Dancing and/or live entertainment at restaurants, tearooms, nightclubs and supper
clubs, cafes or private clubs.
11. Retanl establishments for sales of now automobiles, motorcycles and/or parts, equip -
went and accessories; for sale of new boats, marine motors, parts, equipment and
accessories; for sale of pets and pet supplies, plant nurseries, building supply stores.
Aside from plant nurseries, car sales and commercial parking lots, all commercial
sales, display and service activities shall be within fully enclosed buildings. Aside
f om antique shops, art shops, jewelry and bookstores, and stores renting formal
attire and hospital equipment, no such rst$i1 establishment shall deal in secondhand
merchandise.
18. Bible study classes, but ezdudWg all religious rites, sacraments and ceremonies
typiealiy performed in a house of worship.
19. Housebssges are prohibited.
Permitted Accessory Uses:
Same as for 0 district and in addition:
Uses and structures which are customarily incidental and subordinate to permitted prin-
cipal uses and structurec
Conditional Principal Uses:
Same as for O district and in addition:
1. Commer" marinas, boat rentab and piers only by Special, Exception, subject to the
requirements of action 924; provision for ooanponoy of commercialo scientiltc, oT=W
vessels and private pleasure cssift as temporary living quarters (mum stay: seven
(fi days) may be specified and indWed in the grant of special sxoeption, except in the
Little River Canal.
2. Community baled Midan"l facilities for More than fifty (50) clients, only by Special
Exception with city commission approved, subject to the requirements atld limitations
of section 934.
3. Drive -through facilities for financial institutions -only on property with two (2) street
frontages or if on one (1) street, amass and egress driveways are located at least one
hundred Aft (150) feet $part. OWY by Special Exception with approval by the city
commission and sutaject to reservoir requirements of action 931.2.
4. Other drive -through facilities, including eating and drinidmg establishments, only by
Class U Spedal Permit, subject to the requiresnenta of section 931.
S. Except where specifically permitted in connection with eommenial marinas under
the provisions of Special Exception as indicated above, occaponcy of private pleasure
craft as living quarters shall be allowable only by Spacial E=sption. and each such
5upq. No. 2
lie
11266
8z
r
f-1�UM i
199s'es-03 1Ss30 #029 p.05i07
ZON. WG 401
occupancy of private pleasure craft as living quarters shall be allowable only by
Special Exception with city commission approval.
6. Automotive service stations, auto care service centers (within completely enclosed
buildings) and car washes. as defnad in article 25. only by Class U Special Permit,
subject to the requirements and limitations of sections 930 and 931.
7. Bars, saloons, taverns, and supper dubs, only by Special Exception..
8. Privately owned and/or operated recreation buildings and facilities, playgrounds,
playflelds, parks, benches, neighborhood centers, auditoriums, libraries, art galleries,
museums and the se like: private dubs, lodges, fraternities, sororities and the like
operated for profit, commercial recmation establishments including pool balls and
billiard parlors, bowling alleys, shuMeboard courts, miniature golf course, driving
Amy ranges, trampoline centers, game rooms. banquet halls and dance
halls by Class I Special Permit only.
9. Cigar manufadtrrin& hand proem, and sawing shopby Claw II Special Permit only.
10. Adult dgtm facilities, subject to the requirements and limitations of section 935, by
Special Exception. .
11. Convalescent homes by Special Fmceptiom
12. Nursing homes and institutions for the aged or infirm by Special Fxnpd*L
13. Orpbianaget by Special Fameptioa.
It Child dayea n centers, subject to the requirements and limitations of section 936.
Class I Special Permit.
15. Temporary revival churches by Class I Special Permit.
16. Ambulance service, by Special Exception; expansion of existing ambulance service by
Class 11 Special Permit
17. Veterinary or animal clinic as dedned in article 25 shall be permitted by Special
Exception only.
18- Sv►ianming pool supplies and equipment by Special Exception.
19. Sewing shops bs Class Fl Special Permit if for ten (10) or fewer machines, by Special
Exception if for more than Len (10) machines.
20. Private express delivery services by Class II Special Permit.
21. Sales of used automobiles by Special Exception only.
Conditional Accessory Uaw
Same " for O district sad in addition:
SUM No. 2
19--0
119
11266
1995.OS-03 1S!30 0019 P.O6i07
1 401 MIAMI, FLORIDA
Uses and structures which are customarily incidental and subordinate to conditional
principal uses and structures. including specifically:
1. Temporary special events involving outdoor gatherings at churches, schools and the
like, or in connection with opening ceremonies or special promotions, to the extent not
otherwise licensed, regulated and controlled under other regulations of the city, only
by Class I Special Permit (see section 906.9).
2. Wet dockage of moorage of major private pleasure crab in numbers greater than
permitted generally shall be permitted only by Special Exception.
3. Drive -through facilities for financial institutions only by Special Exception with city
commission approval.
4. We of used automobiles which may or may not be on the same promises or block as
the principal use but clearly accessory to new automobile sales by Special Fucception
only, subject to a limit of thirty (30) percent of the building frontage on a block or ten
(10) percent of the square footage of the dealership. Enclosure may be waived for a
five-year period, the grant of Special Exception will expire if the use is not enclosed
at the and of the period. No applicaion for a variance will be accepted.
5. Christmas tree sales only by Class I Special Permit on a vacant.lot or portion of a lot
not reserved for other purposes U, parioag) and with notice to adjamt and imme-
diate (across the street) property owners.
6. Saks of other goods pertaining to a national Legal holiday by Class I Special Permit.
7. Helistopa only by Special lExcepaon with city commission approval and subject to
requirements and limitations in section 933.
8. For waterfront property only, wet dockage or moorage of mvQor private pleasure craft
not e=ee&ng two (2) per dwelling unit for the first ten (10) dwelling units, plus one
(1) for each five (5) additional dwelling units.
9. Aluminum recycling machine, by Class 1 Special Permit and subject to the require-
ments and limitations of section 940.
Offsbwt Parking Requwv enti:
For ruukn" use Same as for Rd Multifamily High -Density Residential.
For convalescent houses, nursing honmd, institutions for the aged or infirm and orphanages:
Same as for R-4 Multifamily High -Density Residential.
For nonresidentW use:
One (1) space per one hundred fifty (150) square feet of gross floor axes for barber and
beauty &bops.
One -;l) space per each five (5) fixed seats, and per each SRy (50) square feet of fps
floor area for movable seats. for Bible study classes, meeting balls and places of
Supp. No. 2
120
,� 11266 �3
FROM e
19yS.iDS-0S lbi aid it+DtJ r,W;i�DI
ZONING 4 401
general astembly, excluding classrooms and other areas not for general as.
sembly.
One (1) space per every one hundred (100) square feet of gross floor area, for restau-
rants and banquet halls, bass, saloons, private clubs and lodges.
One (1) space per every one hundred (100) square feet of gross floor area, for game
rooms, pool and billiard halls and other Emile establishments.
Except as required above, one (1) space per three hundred (300) square feet of gross
floor area for other nonresidential uses.
For commensal marinas: Parking needs for automobiles and boat trailers to be deter.
mined for a epecaSic project by Special Exception, but not less than Ave (5) spaces plus
one (1) space for each two (2) boats, sbdm (18) feet or more in length, to be ac¢onr
modebmi
For dry dockage or boat racks: Five (5) apexes plus one (1) for each three (3) boo&
For lodg V& Two (2) pariang spaces for every three (3) lodging units,
Of (street Loading Raquinnnente:
For buildings in exms of twen*-five thousand (25.000) square feet and up to tine hundred
thousand (500,000) square /be of gross building area
Berth minimum dimeasioa to be twelve (12) by thirty-five (35) feel;
First berth for gross building area up to fifty thousand (50,000) grove square feet;
Second berth for gross building area of f0ty thousand (50,000) up to one hundred
thousand (100,000) gross square feet;
Third berth for gross building area of one hundred thousand (100,000) up to two
hundred My thousand (260,000) gross square feet;
Fourth berth for des building area oftwo hundred fifty thousand (250,000) up to five
hundred thousand (500,000) gross square feet;
For buildings with sgaa m foo age in mms of fuss hundmd thousand (500,000) Square fat:
Berth aainirauam dimension to be twelve (12) by fltt36five (65) feet;
In addition to the requirements set forth above, there shall be me (1) berth for every
five hundrW thousand (500,000) gross square feet of building area.
By Clare I Special Permit one (1) larger (six hundred sixty (660) square feet) loading space
may be replaced by two (2) of the smaller (four hundred twenty (420) square feet)
loading apse" as dictated by iweds of the individual project.
Sign Regulatia
Onsite signs only " be permitted in these districts, subject to the following require-
ments and limitations- F.xaspt as othawise prodded. such signs may be illoxminated but shall
not be animated or flashing. At retail or service establishments, in addition to identifying the
principal business, commodity or service; such signs may devote not maze than hair of their
Supp. No. 2 121
11266
MAY-09-1995 17:17 RRLS&L
4,
_ �.'ii1 I tD �A �•. SQ � �L L' ��o ��i � vl/ �`` �' /.
S790007 P.03
45 r. �C/�� .�r �
�..w��/a %�V�A� �1'��
�� I0 DI- !" vi
q�� ✓�� r ��� -..�
�� • .�� 1 �.,Y'l d tit Y 1 Cis ,�"G e 9 5, w ' t s�♦ �a�' . � � la -- G g `f `�
- 11266
CASE NUMBER 94-135
PAB- ITEM#1
March 15, 1995.
ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT No.94-9
AMENDED PLAT OF FLAGLER TERRACE at approximately 5600-5664 West Flagler Street
DISCUSSION
The subject 1.032 acre site is located within the north half of the block
bounded by SW 56th and 57th Avenues and W Flagler Street and SW 1st Avenue,
fronting W Flagler Street, in the Flagami Planning District.
Miami Comprehensive Neighborhood Plan (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 Restricted Commercial. Areas of the same
designation are located surrounding the subject property, while to the south
there are a Single Family Residential land use designation.
This petition to change the land use designation from Restricted Commercial to
General Commercial is in order to extend easterly, into the north half of the
block, the existing grandfathered hardware use.
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.
PAB
11266 Item0#115/95
Page 1 of 2
General Commercial land use category allows all activities included in the
Office and the Restricted Commercial designations (with -the exception of
permanent living facilities but including rescue missions), as well as
wholesaling and distribution activities that generally serve the needs of
other businesses; generally require on and off loading facilities; and benefit
from close proximity to industrial areas. These commercial activities include
retailing of second hand items, automotive repair services, new and used
vehicle sales, parking lots and garages, heavy equipment sales and service,
building material sales and storage, wholesaling, warehousing, distribution
and transport related services, light manufacturing and assembly and other
activities whose scale of operation and land use impacts are similar to those
described above. This category also allows commercial marinas and living
quarters on vessels for transients.
The Planning, Building and Zoning Department contends that the increased
densities created by this amendment will not have additional impact on the
existing conditions in the area created by the commercial use. MCNP Land Use
Objective 1.3. requires the City to encourage commercial development within
the existing commercial areas. The change also, would be consistent with
Policy 1.1.3. which requires that all areas of the City be protected from
encroachment of incompatible land uses. Together these objective and policies
argue that the existing land use pattern in this area should be changed.
In addition, Land Use Policy 1.1.1. requires new 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) (Policy 1.2.3.). The attached Concurrency Management Analysis pertaining
to concurrency demonstrates that no level of services would be reduced below
minimum levels.
Doc:[robert]<robert>94-9amen
PAB 03/15/95
Item �. 1 12 6 6 Page 2of 2 r
I
id.I
Proposal No. 94.9
Date: 080194
h
I AMENDMENT INFORMATION _
h
Applicant The owners of the subject property
1 Address: 660D-M W. Flo9ler St.
I
I Boundary Streets: North: W. Flagler SL
I South:
1 East SW W Ave.
1 West
I B�hftg Designation, Maximum Land Use Intensity
I Residential 1.032 acres @ 150 DU
1 Other 0 KXQ 0 F
1 Peak Hour Person -Trip Generation
Proposed Designation, Maximum Land Use Intensity
1 Residential 1,032 acres @ 0 OU
I Other 0 sq.fL@ 0 F
1 Peak Hour Person -Trip Generation
I
1 Net Increment With Proposed Change:
1 Population
f Dwelling Units
Peak Hour Peraon-Tdps
Planning District
( County Wastewater Collection Zone
1 Drainage Subeatchment Bash
1 Solid Waste Collection Route
Transportation Corridor Name
1 RELEVANT MCNP GOALS, OBJECTIVES, AN
I
1 Land Use Porky 1.1.1
1 CIE Policy 1.2.3
1
1
r
1 NOTES
1 1. Permit for sanitary sewer connection must be Issued by
1 Metro•DadsWater and SawarAuthority Department (WASH).
1 Excess capacity, If any, Is currently not (mown
1
1
I CM_l IN 03r13190
Bel
CONCURRENCY MANAGEMENT ANALYSIS
CITY OF MIAMI PLANNING DEPARTMENT
IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP
WITHIN A TRANSPORTATION CORRIDOR
I- —
1 CO
h-
1 RECREATION AND
Population Increme
Space Requirement
I Excess Capacity Be
I Excess Capacity
Concurrency Chec
h —
1 POTABLE WATER
1 Population Inaeme
/acre 155 DUs I Transmission Requ
AR 0 sq.fL I Excess Capacity
78 I Excess Capacity
1 Concurrency Ch
laws 0 DUs — SANITARY SEWER
AR 0 sq.fL 1 Population Ineromen
D 1 Transmission Requ
I Excess Capacity
1 Excess Capacity
Mal I Concumency Chad
(185) 1 —
-78 1 STORM SEWER CAP
I ExMtratlon System
Flagaml ( Ediltratlon System
315 I Concurrency Chec
M1
30 1 SOLID WASTE COL.L
Flogler 1 Population Inerem
I Solid Waste Genera
D POLICIES I Excess capacity Set
Excess Capacity Afts
1 Concurrency Check
h —
I TRAFFIC CIRCULA11
Population Incromen
Peak -Hour Person -Tr
-- I
NCURRENCY ANALYSIS 1
OPEN SPACE
rat, Residents (398) i
ones -0.52
Change 65,12 1
After Change 5r,6 I
koff OK 1
TRANSMISSION �—
nt, Residents (398) I
kement, gpd (89,115) 1
Before Change >2% above demand 1
AftsrChange >2%above demand 1
eckoff OK I
TRANSMISSION --- I
L Residents (398) 1
merrt, gpd (73.600) 1
Before Change Sae Note 1. 1
Aftef Change See Note 1. 1
colf WASH Permit Required 1
ACTTY
Before Change On•site
fte Ar Change On-s8e
off OK 1
ECT10N
Residents (398) 1
ton, ton*ear -M I
ore Change 5W I
r Change 1,009 1
otf OK I
ON— -- — - 1
t Residents (399) I
Generation -78 I
LOS Before Change 01
LOS After Chaege - O I
Concurrency Checkoff OK i
ASSUMPTIONS AND COMMENTSi
Population Increment Is assumed to be all new residents. Peak- 1
period trip generation from TTE Trip Generation, 5th Edition. 1
Potable water and wastewater transmission capacities are In 1
accordance with Metro -Dade County Stated capaeltles and are I
assumed correct Service connections to water and sewer I
mains are assumed to be of adequate size; it not, new eonneo- 1
tons to be installed at owners expense. Recroatlon/Open 1
Space acreage requirements and Traffic Circulation VIC 1
balances assume proposed change. Transportation Corridor 1
capacities and LOS from Table PT-2(R7), Data and Analysis. 1
tro
eat
11266 Iq
i
RESOLUTION PAB - 12-95
A RESOLUTION RECOMMENDING DENIAL OF AMENDING ORDINANCE 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1969-2000, FUTURE LAND USE MAP,
BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 5600-5664 W FLAGLER
STREET FROM RESTRICTED COMMERCIAL TO GENERAL COMMERCIAL.
HEARING DATE: March 15, 1995
VOTE: 4-3.
ATTEST:
SERGIO RODRIGUEZ, DIRECTOR
PLANNING, BUILDING AND ZONING
RE
ca
:it"dzl.
DUPLr.x
RESIDE?
Ala
�
OWENS
�
.Ra rrs'
�033M
lown
MILIN0
111101M0►`tv
0I0
.s
a@
Ian
01
RS71►
�� _ •
0110100
��
MOVIE
• �
INIM111 I®
®
'•
v
5
a
r.r
I'
fu ADD�N.
2
®
3�
0
D
w
`
AM
Otmf
0
■wro
IMCM
,
:�
00:10
o
m
�®®
-�
cozs0
Am
fIIIfI1
fII" IlfiRfIMITMErm
Ifllffsl
xx
��y•�
�
�
®�j`
MIfI w
�_®
�`�
e
J •
e�
®�
�
gong
am,
IWO
fIII X
w AA
®_
:�00
4 VA
l ! •'911
MR
9
i 15"
Siad
-
..,.
■1
�
RXb0EK OFCAR
sic=
t.7 �t
mom
11".1
GARDEN.
1
r^
,
'�
.�
�
1.�1
gill
M
err
crn
��
I emu.:
_
_tj
Elm
Na 9win
Iloil�c�a�AAAa MEN ' � #!011�AaHIM ®a
®i o o
r
�o9A�da°°s°�aap
l
illoilloillooll
11111111
gpill
.111a
1111111
5.. — ST. v
1
4i
,Q
r
® 3� �0" s
VIA"
12111-
-
i
OUP-H�
A
NAM
®�
� «
�rw
t:rw� r
IMcw
Milo a ••
FERRr vlsT� s
�� 10 ' I t �'• ! } t �
IIII
iIIM
lbigNEW
Sim
• a S.W.
• : • � 27 tf 21 If N
• 11 I2 17 �. H 1• 1 • � .
{•f N N .I•
S.W. FLAGLE11 T i1L8ERT ACRES! A
le N 1
S.
n
u na : 7 • ! 7• -
1
10 •• T t 6 • , 7
8 it
i9 20 24 Ll 2A LS 2/ 2••
®v�asve��as
,
11
I.
,
.I
In
�■
®
�
1
i®
.�MIIFFd
®��
/ •/ i l / , i t • • 2 1 •• I
4 2 2 9
• / to n a T • to n a
S.W.
10 , • T / • • 2 1 / / i I
3 W 9— 5; j
• /0 21 itbii ! U iT ! ! �0 I I D I,/
SA
�43
10 !•�42
J
V+ 4 4 1 11 �I 1 7
Application d E5�
Date: '7%
-CITY OF MIAMI '--"
PLANNING, BUILDING AND ZONING DEPARTMENT Ac 4at /j&/
275 N.W. 2 STREET j�
MIAMI, FLORIDA 33128 &e_d
APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
Section 62-17 of the Code of the City of Miami, Periodic review, additions and amendmenU 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
charges 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 amendsents 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
1XI
Other & Please Specify: the o=em of thQ ca bjgCt pn6=ty
L
The subject property is located at 5600-5650 West Flauler Street. Miami. Florida
AND MORE PARTICULARLY DESCRIBED AS:
Lots) , _ 16
Block(s) 3
Subdivision Amended Plat of Flaeler Terrace, PI a t Bnnk gR,128gra Rn _
11266
Page 1 of 3
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., _C-1 (Restricted Q vial )
TO: C-2 (Liberal Commercial) ,
Please supply a statement indicating why you think the existing plan designation is inappropriate%
C-1 is too restrictive'for the area because the subject nropey is fmnting�
on a very commercial roadway (Flagler) and C-2 will be more compatible with
the land uses in theyininitX of they e„h j=t pZoparty.
Please supply a statement justifying your request to change the plan to your requested plan
designation.
Joseph and Karen Lawrence currently own_a building on lots 11 through 16 which
pursuant an existing non -conforming use, is being operated as a wholesale plumbing
_supply business. The Lawrenees' parents, Edward and Miriam Lawrence, also own
a building on lots 25-29 (around the corner from Lots 11-16) which is nart of the
whnIagale plumbing squ=y imgi neRc al3tj i c being =r ted ag c» h plirc»ant to an
existing non -conforming use. The business has been in existence at these locations
for over twenty (20) years. In order to expand their business, the Lawrences have
.purchased Lots 1 through 10. The business can only operate on the subject property
with a-C-2 zoning designation, A change from C 1 tos,-2 for the subject property
i s. ''r� ti hl P with th a res anti cha l l not a dvemel y affect the nPi zhhorhmri
`Ghat is the acreage of the property being requested fora change in plan designation?
1.032 acr .c C411'- ` 7 s = ft
30. Page 2 of 3 11266
Has the designation of this property been changed in the last year? No
Do you own any other property within 200 feet of the subject property? Yes If yes, has this
other property been granted a change in plan.designation within the last tw—eve months? No
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? Yes List of owners of property within 375 feet of the subject property? Yes
Disclosure o owners Up form? If not, please supply them.
SIGNATURe DATE 199 4
NAME Gary A. Lon E
ADDRESS
PHONE ,Suite 1970bnnn�° Florida 33131
STATE OF FLORIDA } SS: `
COUNTY OF DATE }
Gary A. Levinson , being duly sworn, deposes and says that he it
the ut or z gent or Owner)o t e real property described above: a has read
the foregoing answer —that the ane are true and coaplete; and (if actin a owner)
that he has authority to execute this petition on behalf of the owner.
SWORN TO AND SUBSC BED
before sae this day
of 1ALW9 U
S
MY COMMISSION EXPIRES:
Computation of Fee:
Receipt f:
(SEAL)
OFFICIAL SEAT:
LESLEY PORTUONDO
My Commission Expires
Oct. 3, 1995
Page 3 of 3 112 6 6
Rolinick
M�+onr"
Rosen
35M International Place
Linden
100 SE Ind Street
Steinman dt
Miami Fll313t
Tel, 305 579 9ou8
Levy, P.A.
Fax 305 579 0007
�
3. L 1 `N
Kew - : ' 0.
February 28,1995
Teresita Fernandez, R.A., A.I.C.P., Chief
Bearing Boards Division
Planning, Building & Zoning Department
275 N.W. 2nd Street
Miami. Florida 33128
Re: Modification of Lawrence .application for Amendment to Zoning Atlas and
Application to Amend the Miami Comprehensive Neighborhood Plan
(collectively the "Applications")/Lots 1-16, Block 3, Amended Plat of Flagler
Termce_Plat Book 3L Page 80. Dade Qualys Florida.
Dear feresita:
cow tau" Oft#
133 Seville
Coral Gables FL 33134
Tel 305 444 78M
Fax 303 4" 3683
The property address as set forth in the Application to Amend the Miami Comprehensive
Neighborhood Plan and the Application for Amendment to Zoning Atlas, both of which
Applications were submitted in connection with the applicant's request to change the zoning
classification of the above -referenced property from C-1 (Restricted Cor=ereial) to C-2 (Liberal
Commercial), is hereby amended to read as follows:
5600-5664 West Flagler Street
Miami, Florida
You have advised us that notwithstanding that the Applications contain the correct legal description
of the referenced property, the City Attorney has required that the Applications be removed from the
Fcbruary 23, 1995 City of Miami Commission agenda and that the applicant be required to reappear
before the Planning Advisory Board and Zoning Advisory Board so that such public hearings may
be renoticed to the public indicating the correct property address. You have also advised us that
5600-5664 West Flagler Street is the correct address for Lots 1-16, Block 3, Amended Plat of flagler
Terrace, Plat Book 38, Page 80, Dade County, Florida
This letter will confirm that we are scheduled to appear before the Planning Advisory Board on
March 15, 1995, the Zoning Advisory Board on March 20,1995, the Miami City Commission (first
11266 33
34
Teresita Fernandez, R.A., A.I.C.P., Chief
February 28, 1995
Page
reading) on April 27, 1995 and the Miami City Commission (second reading) on May 25, 1995,
subject to cancellation of the Miarni City Commission hearings only.
Should you have any questions regarding any of the foregoing, please do not hesitate to contact me.
Very truly yours,
ROUNICK ROSEN LRVD /
STEIN'MAN & LE
CRY XIEV Vzl ESQ.
GAL/ww fate"'
cc; Joe Lawrence
Karen Lawrence
FACUENI7.%\ TDW.'s\20015-IJ5.ITERNANDITK
Roliniok Rosen Unden Steinman & Levy, PA
'..11266
Tf1T,'1 G n-
AFFIDAVIT
STATE OF FLORIDA
5S
COUNTY OF DADE
Before me, the undersigned authority, this day personally appeared
Ga-y A. Levinson who being by me first duly sworn, upon oath; deposes
and says:
1. That he is s ii i W 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 his to act in their behalf for the change or modifica-
tion of a classification or regulation of toning as set out in the accompanying
petition.
3. That the pages 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 represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn ttn o and Subscribed before me
this 0 day of rL19, U_ �•4;00"RiQ
OFFICIAL WAL
LESLEY PORTUON00
•0-s- Vno
My COMMISelOR Expires
o a c, State of Florida s arge
My Commission Expires:
(SEAL)
11266
OWNER'S LIST
Owner's Name Joseph M. Lawrence & Karen S. Lawrence
Mailing Address P_o_ Bnx 44,116A., 'Miami., F1 rt4 da 33344
Telephone Number ( 3 05 1 266-1 571
Legal Description: Lots 1 -1 6, Block 3, AMENDED PLAT OF FLAGLER TERRACE,
Plat Book 38, Page 80, Dade County, Florida
Owner's Name
Mailing Address
Telephone Number "
Legal Description:
Owner's Name
Nailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly or severally (by corporation,
partnership or privately) within 315 feet of the subject site is listed as follows. -
Street Address Legal Description
Street Address Legal Description
Street Address Legal Description
3(0 11266
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
Lots 1 through 16; Block 3, AMENDED PLAT OF FLAGLER TERRACE, Plat Book 38,
Page 80, Dade County, Florida - 5600-5650 West Flagler Street, Miami, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, request or
petition to the City Commission. Accordingly, question 02 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Joseph M. Lawrence, a married man and Karen S.'Lawrence, a single woman,
each as to an undivided one-half (1/2) interest, as tenants in common.
3. Legal description and street address of any real property (a) owned by any party
listed in answer to questlon.t2, and (b) located within 375 feet of the subject
real property.
Lot 12 less W 5 FT for ST, Block 4 and
Lot 13 less W 5 FT for ST, Block 4
AMENDED PLAT OF FLAGLER TERRACE
(38-80)
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Cora A, Le -A^ -WON , being duly sworn, deposes and says that he is the
(Attorney for Owner) of the real property described in answer to question #I,
:above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as attorney for owner) that he has authority to ex the Disclosure
of Ownership fore on behalf of the.owner. �
(SEAL)
OFFICIAL SEAL
SWORN TO AND SUBSCR;QED t LESLEY PORTUONDO
j'.D : My Commission Expires
before me this _ '•..!�a►.•' Oct. 3, 1995
day of 19�g.
WgrgV No tic, State of Florida at Large
NY COMMISSION EXPIRES:
11266 -37
rn
M
f
" M
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
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising 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. 11266
In the .......... XXXXX...................... Court,
was published In said newspaper in the Issues of
Jul 10, 1995
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami In said 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
cop dvertisement; and afflant further says that she has
ne or aid nor promised any person, firm or corporation
a dls ount, rebate, commission or refund for the purpose
o sec ring this advertisement for publication in the said
Swor o and subscribed before me thl
10 Ju "t 95
...... day
FF iJ . t 5 a
A.G, P A
...... .......
1VfJ9`�'�tiY I'►: p,,Lj ; STATE OF rW A
(SEAL) COMMISGION NO. CC 171.108
Sookie Wllllamsdbraonaihr known
CITY OF.MIAMI; _R_ IDA
LEGAL NOTICE
:All interested persons will take notice that 6n the 25th day of May,
1995, the City Commission of Miami, Florida, adopted the following titled
ordinances:
ORDINANCE'NO. 11265
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING,CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO O OFFICE" FOR THE PROPERTY LOCATED AT
2728 SOUTHWEST .12TH STREET, MIAMI; FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 40 OF SAID ZONING ATLAS;
CONTAINING A- REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO 11
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE
PROPERTY LOCATED AT 5600-5664 WEST FLAGLER STREET," BY
CHANGING THE LAND USE DESIGNATION FROM RESTRICTED -
COMMERCIAL TO GENERAL COMMERCIAL; 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.
ORDINANCE NO.11268
AN ORDINANCE AMENDING THE ZONING. ORDINANCE BY
AMENDING SECTION 401 TO ALLOW "CONTAINER YARDS" AS A
CONDITIONAL PRINCIPAL USE IN THE I -INDUSTRIAL ZONING
DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY; BY ADDING A
NEW SECTION 942, ENTITLED 'CONTAINER YARDS; TO IDENTIFY
AND SPECIFY LIMITATIONS AND CONCERNS ASSOCIATED WITH'
THE USE; AND AMENDING SECTION 2502 TO DEFINE "CONTAINER
YARDS"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO.11269
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
AMENDING SECTION 401, TO CLARIFY THE LIST -OF PERMISSIBLE
USES WITHIN THE C-2 LIBERAL COMMERCIAL ZONING DISTRICT;
BY AMENDING SECTION 906 TO ADD LANGUAGE REGARDING
ALLOWABLE SIZES OF ACCESSORY STRUCTURES; SECTION 915
TO LIMIT OVERALL HEIGHTS OF BUILDINGS WITHIN R-1 AND R-2
ZONING DISTRICTS; SECTION 917, TO ADD LANGUAGE
REGARDING - ALLOWABLE PARKING MANEUVERS WITHIN
RESIDENTIAL DISTRICTS; AND BY AMENDING SECTION 2502 TO
PROVIDE A DEFINITION AND METHOD OF CALCULATION FOR
"BUILDING HEIGHT"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE;, AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO.11270
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
AMENDING SECTION 608, "SD-8 , DESIGN PLAZA COMMERCIAL
RESIDENTIAL DISTRICT," TO ALLOW "OUTDOOR PHOTOGRAPHIC
STAGE SETS" AS A CONDITIONAL .PRINCIPAL USE BY CLASS II
SPECIAL PERMIT; 'BY AMENDING SECTION 2502 TO DEFINE
'OUTDOOR PHOTOGRAPHIC' STAGE SETS";, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of the.
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m.
WALTER I FOEMAN
=��t10 �9 CITY CLERK "
4 .m.dwmq @1
(#2329)
7/10 954-071008M