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O-11308
J-95-609 7/12/95 11308 ORDINANCE NO. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT 1744/1756 NORTH BAYSHORE DRIVE, 1783/1795 NORTHEAST 4TH AVENUE AND 407 NORTHEAST 17TH TERRACE, BY CHANGING THE LAND USE DESIGNATION FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO RESTRICTED 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 June 14, 1995, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 25-95, by a vote of six to one (6-1) , RECOMMENDING APPROVAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The 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 11308 from High Density Multi -Family Residential to Restricted Commercial for the property located at approximately 1744/1756 North Bayshore Drive; 1783/1795 Northeast 4th Avenue and 407 Northeast 17th Terrace, Miami, Florida, more particularly described as Lots 5 to 12 of Block 8, of MIR.AMAR SUBDIVISION, Plat Book 5 at Page 4, 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. -2- • 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 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. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Fla. Stat. (1993). PASSED ON FIRST READING BY TITLE ONLY this 13th day of July , 1995. -3- 1130E. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of September 1995. STEP EN P. CLARK, MAYOR ATTEST': TER—[J. /'0EMAN, CITY CLERK PREPARED AND APPROVED BY: r,%,,0' 60)UTY L E.MAXWELL CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: INES4iA . W030/JEM/mis -4- 11308 PLANNING FACT SHEET PZw4 APPLICANT Tibor Hollo. APPLICATION DATE 04/18/95 REQUEST/LOCATION 1744/1756 North Bayshore Drive; 1783/1795 NE 4th Ave. and 407 NE 17th Terrace. LEGAL DESCRIPTION Lots 5 to 12. Block 8, MIRAMAR SUBO. (5,4) 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 1744/1756 North Bayshore Drive; 1783/1795 NE 4th Ave. and 407 NE 17th Terrace from High Density Multifamily Residential to Restricted Commercial. PLANNING Denial. RECOMMENDATION BACKGROUND AND The Planning, Building and Zoning Department contends that the increased commercial ANALYSIS densities intruding into the residential area created by this amendment are not consistent with the future residential pattern that is proposed for the area. A change such as this is also in conflict with Land Use Policy 1.1.3.wich requires that all areas of the City to be protected from encroachment of incompatible land uses. Housing Policies 1.1.5. and 1.2.7. require the City to preserve and enhance the general appearance and character of the City neighborhoods. These policies �support the position that the existing land use pattern in this neighborhood should remain the same. PLANNING ADVISORY BOARD Approval CITY COMMISSION VOTE: 6 - 1 Passed First Reading on CC 7/13/95. APPLICATION NUMBER 94-191 June 14, 1995. 06/29/95 11308 GENERAL COMMERCIAL1N 1COMM111� 1 RESTRICTED III�11 Iil1_, 11��1��11 1111111111 11111111 111111� ■' �■■� 1I • - III 1�I illl�� 1FACILITY ST W 4x i• i- co HIGH coo DENSITY '-'- MULTI` O FAMILY RESIDENTIAL i. ..I 'I. I III RECREATION II ,I II .I I m ;I I I, w NV IS $ MAJOR .. nt rot 1h ST GENERAL COMMERCIAL U Q W I CENTRAL BUSINESS DISTRICT COMMERCIAL I; f� ' 11308 r N.E 22•.e.ao MP_l5 ORL '• 5T. T _ I N RACPARCEL I� m r• • w .t It �o • • v 1 M w • I I, �, r ST I N.E 21• 2 coo o ►+E c �•2c Try _ � GQ f • N • . a • fAt .•. ' l to f • I W i • s r �I� • a • . ! �s • N wa N .t• a t s •2 •i !� -- 4 * 1) M.E. 19 ST ISRAELSUIL 7 Lo 4 '� ' v 9 I ♦ a .. �� . ' .► as ".' '+ t = Ill - � y E R Y 1 M.E sT ! . . I. ir W .� u•A tal• • f Cf C - '..l!KT A•1 �. TRACT RAP 'I;, l I 1,. I = p r�wa• � II I CAANNEX �aksiEra�'-a-�1 �'Q t i 12n .. 13 •f �• 1.1� ad "Ohk ' � 4. 17 a � •• a w TRACT •A Airt . ST TIIKT � MM Ir• we i i -c% to 2 jI` • . F 11 M 11 +t 7 �RAci A I S T. �» r a. t 3 I A R fJra•rA .. ..° .ad M.E. 15 ' . „ o i . z ° ja�E A. S. C L CEN ER TRAC , I •••� } �, ., 2 i = f •. • _ •. N N �' a ��•�•• 'r•r•. HERALD PARK p %VL'a 'r 5 T� oOod0000 w000 0 on o .co TR A 1 I T i� 4 0 = ALE. 44 • .2. , x !C C-2 ° U 4 ' 000000000000000 ° Z o I �• N f. 32 R 9-0 wa .I '.. .t c ! • .. . t •� r� �1 CASE # 95-191 PAB- ITEM#1 May 23, 1995 ANALYSIS OF PROPOSED COMPREHENSIVE PLAN AMENDMENT No.95-2 Lots 5 to 12, Block 8. MIRAMAR SUBDIVISION, at approximately 1744-56-83-95 DISCUSSION The subject property is a 2.66 acre parcel consisting of eight (8) lots, four fronting North Bayshore Drive and four fronting NE 4th Avenue, at the south half of the block bounded by North Bayshore Drive and NE 4th Street, between NE 18th Street and NE 17th Street, at approximately 1744-56-83-95 North Bayshore Drive and 401 NE 17th Terrace., in the Planning District B. MCNP Land Use Policy 1.6.1., establishes future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map". The location is currently designated High Density Multifamily Residential. To the north, the area is designated High Density Multifamily Residential, to the east, the area is designated Recreation and, to the south and east, there is a Restricted Commercial land use designated area. The High Density Multi -Family Residential land use category allows residential structures to a maximum density of 150 dwelling units per acre. Higher 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, PAB 05/23/95 Item #1 7 Page 1 of 2 ti308 and day care centers for children and adults may be permissible in suitable locations.. The Restricted Commercial category accommodates commercial activities that generally serve the daily retailing and service needs of the public. Residential uses up to high density multifamily, including hotels, are also permissible within this land use category. Commercial uses include general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses.described above. Other permissible land uses include motels and hotels, residential facilities, offices major sports, exhibition or entertainment facilities. Mixed -uses of commercial, office and/or residential are also permissible within this land use designation. The Planning, Building and Zoning Department contends that the increased densities of the commercial activities intruding into the existing residential neighborhood created by this amendment are not consistent with the future residential land use pattern that is proposed for the area. A change such as this is also in conflict with certain other policies of the MCNP. Land Use Policy 1.1.3. requires that all areas of the City be protected from encroachment of incompatible land uses. Housing Policies 1.1.5. and 1.2.7. require the City to preserve and enhance the general appearance and character of the City's neighborhoods. These policies support the position that the existing land use pattern in this neighborhood should remain the same. At the present time, the Restricted Commercial area west and south of the site has sufficient capacity to accommodate more intense commercial uses. In addition, Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to be contingent upon the availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE Policy 1.2.3.). The attached Concurrency Management Analysis pertaining to concurrency demonstrates that no levels of service would be reduced below minimum levels. Doc:[robert]<robert>95-2amen PAB 05/23/95 Item #1 Page 2 of 2 1130 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No. 95-2 IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 05/04/95 WITHIN A TRANSPORTATION CORRIDOR I AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Property Owners Address: 1744-56-83-95 N. Bayshore Dr. and 401 NE 17 Ter. RECREATION AND OPEN SPACE Population Increment, Residents Space Requirement, acres 0 0.00 Boundary Streets: North: South: Excess Capacity Before Change Excess Capacity After Change 55.12 55.12 East: N. Bayshore Dr. Concurrency Checkoff OK West: NE 4 Ave. POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Intensity Residential 2.66 acres 500 DU/acre 1,330 DU's Other 0 sq.ft.@ 0 FAR 0 sq.ft. Peak Hour Person -Trip Generation 745 Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change Excess Capacity After Change Concurrency Checkoff 0 0 > 2% above demand > 2% above demand OK Proposed Designation, Maximum Land Use Intensity Residential 2.66 acres 500 DU/acre 1,330 DU's Other 0 sq.ft.@ 0 FAR 0 sq.ft. Peak Hour Person -Trip Generation 745 SANITARY SEWER TRANSMISSION Population Increment, Residents Transmission Requirement, gpd Excess Capacity Before Change 0 0 See Note 1. Net Increment With Proposed Change: Population 0 Excess Capacity After Change Concurrency Checkoff See Note 1. WASA Permit Required Dwelling Units 0 Peak Hour Person -Trips 0 STORM SEWER CAPACITY Exfiltration System Before Change On -site Planning District Brickell County Wastewater Collection Zone 308 Exfiltration System After Change Concurrency Checkoff On -site OK Drainage Subcatchment Basin K1 Solid Waste Collection Route 36 Transportation Corridor Name S. Dixie SOLID WASTE COLLECTION Population Increment, Residents Solid Waste Generation, tons/year Excess Capacity Before Change 0 0 500 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change Concurrency Checkoff 500 OK Land Use Policy 1.1.1 CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change C LOS After Change C Concurrency Checkoff OK NOTES 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(Rt), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size; if not, new connections - are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. Application 1 ( s Date: Aw I 1'�.__L��'Lf 5� CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT �iy� ti P 7 1 275 N.K. 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 and amendments 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 (,X) Other & Please Specify: Property Owners O The subject property is located at NE corner of Bayshore Drive and 17th Terrace nPtwPPn RaUshnrP and NP 4th Steeet 17dn UR AaUahnra nrive AND MORE PARTICULARLY DESCRIBED AS: Lot (s ) 5 6, 7, 8, 9, 10, 11, 12 Blocks) Subdivision Miramar Page 1 of 3 It 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: High density multi —family residential TO: Restricted commercial Please supply a statement indicating why you think the existing plan designation is inappropriate: Sep Attachment #1 Please supply a statement justifying your request to change the plan to your requested plan designation. See Attachment #2 What is the acreage of the property being requested for a change in plan designation? Page 2 of 3 1.1308 Attachment Page 2 of 3 1. Several goals, objectives and policies contain within the City of Miami Comprehensive plan cannot be achieved due to a current plan designation. Among these are: Policy LU-1.3.5: Promote through land development regulations, the creation of high intensity activity centers which may be characterized by mixed -use and specialty center development, ... The extension of commercial land uses along the entire length of significantly traveled roadways will be discouraged; Policy LU-1.4.10: Develop modifications to existing regulations with the intent of providing greater flexibility in the design and development of mixed -use developments within the general Downtown area and particularly along the Miami River, Policy LU-1.6.5: The City will continue to use special district designations as a land development regulation instrument for the purpose of accomplishing specific development objectives in particular areas of the city; and Transportation policies: Policy TR-1.5.2: The City's land development regulations will direct high density commercial and residential development and redevelopment in close proximity to Metrorad and Metromover stations. Policy 7IR-1.5.8: Through land development regulations and public facility improvements a stronger interface between the development or redevelopment of neighborhood activity centers and the public transportation system will be promoted. Policy TR-1.5.10: Through application of the provisions of its land development regulations, the City shall encourage the development of housing near large employment centers in order to reduce the need. for commuting. The subject property is located in close proximity to the Metromover Omni Station and directly across the street from a substantially underutilized public park. The development of the Omni plus the Venetian Phase I, the Marriot and the Grand have all created activity node which is brought significant improvement to the Downtown area. The proposed tradition of the Performing Art Center in this neighborhood will bring additional demand for services, offices and residential into this neighborhood. The 1988 Omni Redevelopment Plan found a significant demand for a major office, residential, retail complex to be developed (See Supporting Documentation from the Omni Redevelopment Plan.). 2. As indicated above, the 1988 Omni Redevelopment Plan envisioned a major office, residential, retail complex to be developed and support of the continued intents development around the Omni area The original site proposed was on the west side of Biscayne Blvd. We propose to undertake a similar project immediately north of the Omni. The property on the west side of Biscayne Blvd. has recently undergone redevelopment and reuse, and it will be extremely difficult to assemble. This project will occur without pulic assembly and condemnation. The Omni Tax Increment Plan has not been completely adopted by the City and the County; however, the addition of this major mixed -use complex to the Omni Tax Increment District will significantly enhance the opportunity for development of the Performing Art Center. The developer will immediately initiate plans, site plans, market studies, etc. to bring current the 1988 work upon achieving a designation as a restricted commercial designation through a Comprehensive Plan change and SD-6 designation under the zoning ordinance. /3 1.130g Has the designation of this property been changed in the last year? No Do you own any other property within 2DO feet of the subject property? No 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 Planning and Zoning Boards Administration Department? Have you filed with the Planning and ZoniFg� rds ownership? Yes p List of- ffers of peitJ Disclosure o o�wn� form? �1 SIGNATURE(i NAME Tibor Hol to Sy zoning for the subject property with the finistration Departneot: Affidavit of 375 feet of the subject property? Yes y them. rking System Nc. ADDRESS 100 S.Biscayne Blvd. Suite 1100 Miami, FL 33131 PHONE 305-358-7710 STATE OF FLORIDA } SS: COUNTY OF DATE } Lr-0 le— f-� 6 L Ly , being duly sworn. deposes and says that he is the ner (Authorized gent forOwner) of the —real propperty described above: that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. (SEAL) SWORN TO AND SUBSCRIBED of f= before me this G A,3Q day— ota Public, State of Flor at Large OFFICIAL NOTARY SEAL KATHLEEN CROGAN MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC343462 MY COMMISSION EXP. FEB. 26,1998 Computation of Fee: Receipt is 1+ Page 3 of 3 11308 • A F F I D A V I T STATE OF FLORIDA } } SS _I COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Tibor Hol to 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 Afffant sayeth not. (SEAL) (Nam) Tibor Hollo r y Sworn to and Subscribed before me r1+ this day of FFICIAL NOTARY • KATHLEEN CROGAN FNt0TAJRtYPUBLIC5rATEOFFLORIDJ Notary Public, State of Florida at LargeMM4SSIONNO.CC343462 OMMI%K)N EXP. FEB. 26,19 w •AFF10AYIT STATE OF FLORIOA } } $S _ J COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Phillip a who being by aye first duly sworn, upon oath, deposes and says: 1. That he is the smnw0000Wdba 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. Z. 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 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 atfidarit,are•trua and t. Further Affiant sayeth not. ynchro( i - tams, Inc. (SEAL) Legal Representative Sworn to and Subscribed before me f this � day of - 9f� OFFICIAL N ARY 5 AL Notes Public, State of Florida a Large KATHLEENCROCAN NOTARY PUBLIC STATE OF FLORIDA �'��+ COMMISSION NO. CC343462 My Commission Exvires: = uvrn����iccfns rvn czv ,. V V OWNER'S LIST Owner's Name Synchron Parking Systems, Inc. Mailing Address in Rncen*ha 1 .Rncon*ha 1 C Ra crnn- 1(1'21 tU Mi a,ei Araarh Rl vr? M North Miami Beach, Florida 33162 Telephone Number Legal Description: Lots 5,8,9 and 12, Block 8, Miramar, according to the Plat thereof, recorded in Plat Book 5, at Page 4 of 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 lister as follows: Street Address Street Address Street Address Lop] Description Legal Description Legal Description 11308 OWNER'S LIST Owner's Name Tibor Ho110 _ Mailing Address 100 South Biscayne Blvd . , # 1100. Miami. Florida. Telephone Number (305) 358-7710 Legal Description: Lots 6,7,10 and 11, Block 8 of the Third Amended map of Miramar, a subdivision of Dade County, Florida, according to the Plat thereof, as recorded in Plat Book 5; at Page 4, of the Public Records of Dade County, Florida. Owner's Now Mailing Address Telephone Number Legal Description: Owner's Now Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 373 feet of the subject site is listed as follows: Street Address Street Address Street Address (00 Legal Description Tnta S.A _Q ainA 1 7 _ A�&—AP Mi camar amps sinter to the Plat thereof, recorded in Plat Book 5, at Page 4 of f19A P11h1 i [` Ronnrrla of rf�ae �`n»nfT� 71� n� r�a. Legal Description Legal Description 11308 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lots 5, 8, 3-and 12, Block 8, Miramar, according•to the Plat thereof, recorded in - I-1- t Book 5, at Page 4 of the Public Records of Dade County, 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 f2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Tibor Hollo - 100% Shareholder of Synchron Parking Systems, Inc. Synchron Parking Systems, Inc. is 100% owner of property. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question"i2, and (b) located within 375 feet of the subject real property. Lots 6, 7, 10 and 11, Block 8 of the Third Amended map of Miramar, a subdivision of Dade County, , ccording to the Plat thereof, as recorded in Plat Book 5 Page the u lic Records of Dade County, Florida. _ /% �/ STATE OF FLORIDA } SS: COUNTY OF DADE } Phillip A. Ya f f a being duly sworn, deposes and says that he is the (Please Print) (Swnvy (Attorney for Owner) of the real property described in answer to question fl above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney for ) that has authority to execute the disclosure of Ownership fora one -owner.,/ Si SWORN TO AND SUBSCRIBE before Ise this day of 1 MY COMMISSION EXPIRES: OFFICIAL NoTARy S KATHLEEN CROGAN NOrPARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC343462 MY COMMISSION EXP. FEB. 26,1998 for Owner Public, State of Florida KAZ i CAWM (SEAL) Large 11308' DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lots 6, 7, 10 and 11, Block 8 of the Third Amended map of Miramar, a subdivision—oi Dade County, Florida, according to the Plat thereof, as recorded in Plat Book 5 at Page 4, of the Public Records of Dade County, 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 natter of a presentation, request or petition to the City Commission. Accordingly, question t2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Tibor Hollo - 100% owner 3. Legal description and street address of any real property (a) owned by any party _ listed in answer to question f2, and (b) located within 375 feet of the subject real property. Lots 5, 8, 9 and 12 Miramar, according to the Plat thereof, recorded in Plat Book 5, at Page 4 of Public Reocrds of Dade County, Florida. OWNER OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: COUNTY OF DADE } Tibor Hollo , being duly sworn, deposes and says that he is the (please Print) (Owner) (Attorney for Owner) of the real property described in answer to question /1 above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney for owner) that he has authority to execute the disclosure of Ownership form on behalf of the owner. (SEAL) Signature of Owner or Attorney for Owner SWORN TO AND SUBSCRIBED before me this day of /. ke. 1 NY COMMISSION EXPIRES: FWFICIAL NOTARY SEAL KATEILEEN AtE OF TARY PUBLIC STATE OF Fl,ORIDA COMMISSION NO. CC343462 . _.�. .. ............ ...... rT.. �i HMO No ry Public, State of Flor at Large J�THL,EEN 1130� RESOLUTION PAB - 25-95 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION AT APPROXIMATELY 1744/1756 N BAYSHORE DRIVE; 1783/1795 NE 4TH AVE. AND 407 NE 17TH TERRACE FROM HIGH DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL. HEARING DATE: June 14, 1995. VOTE: 6 - 1 ATTEST: t PLANNING, BUILDING AND ZONING 11308 ' Lib Prepared by: A. Vicky Leiva, Esq. Eckert Seamans Cherin & Mellott 701 Brickell Avenue, Suite 1850 Miami, Florida 33131 Space Reserved for Clerk DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of , 1995, by Tibor Hollo and Synchron Parking, Inc., a Florida corporation (hereinafter referred to as the "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida WHEREAS, the Owner referred to as the "CITY"). title to certain Property in the City of Miami, State of Florida (the "City"), located at 1744-1756 N. Bayshore Drive, 1783-1795 N.E. 4th Avenue, and 407 N.E. 17 Terrace, Miami, Florida, and legally described as: LOTS 5 - 12, BLOCK 8, OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book 5, at Page 4 of the Public Records of Dade County, Florida. (the "Property"); and WHEREAS, the Owner appeared as an applicant before the City of Miami City Commission at its meeting of July 13, 1995 for a land use change from high density multi -family residential to restricted commercial and a zoning change from R4 Multi -Family Residential to SD6 Central -Commercial Residential District on the above described property; and 24168.1 Submitted into the public. record in conn(_'ction�With item L/ _—L1— on �- "` — Waiter i X-Mar) City Clerk 11308 WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed 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 its heirs, successors and. assigns as follows: Section 1. 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. Use of Property. The principal use of the property shall be for residential development consisting of two towers containing 274 and 436 units and a third tower consisting of either a hotel or a residential building, containing 404 units. Section 3. Ancillary Ancillary retail -commercial space may be incorporated not to exceed 14,000 sq. ft., institutional -private -(education) space not to exceed 100,000 sq. ft. Section 4. View Corridors. The residential towers and the all suite hotel shall be aligned in an east west direction in order to accommodate view corridors for properties to the west and to take maximum advantage of view of Biscayne Bay. Section 6. Floor Area Ratio. The Owner agrees to the maximum FAR permitted under the SD6 zoning district. Section 7. Major Use Special Permit. The Owner further agrees to submit to the City a Major Special Use Permit application which will reflect the limitation herein incorporated in this covenant. 'ub, nine' into Via pt,,bS r record in item PaZI-7- ::=9 24168.1 -2- 11308 Section 8. Effective Date. If the City of Miami Commission approves the Zoning Change as requested, and after said approval has become final and non -appealable, this instrument shall constitute a covenant running with the land and shall become effective immediately upon its recordation in the Public Records of Dade County, Florida. Section 9. 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 City of Miami 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 10. 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 period of ten (10) years thereafter or until the obtainment of a Certificate of Occupancy upon completion of all phases for the Miramar project, whichever occurs first, unless modified, amended or released prior to the expiration thereof. Upon the issuance of the Certificate of Occupancy, this Covenant shall automatically be released by the City, without further action by the City. Section 11. Inspection and Enforcement. An enforcement action may be brought by Submitted into the public 24168.1 -3- record in connection with item PZ -1 Z on 11308 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 12. 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 and effect. Section 13. 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. WITNESSES: TIBOR HOLLO SYNCHRONNG, INC. Submitted into the public record in connection with 24168.1 -4 item PZ 1I % on %' / -3 1308 STATE OF FLORIDA ) COUNTY OF DADE ) The foregoing instrument was acknowledged before me this _ day of 1995, by Tibor Hollo, who is personally known to me or who has produced _ as identification and who did (did not) take an oath. Name: Commission No.: Notary Public, State of Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this day of , 1994, by , PRESIDENT OF SYNCHRON PARKING, INC. who is personally known to me or has produced as identification and (did not) take an oath. My Commission Expires: 24168.1 Name: Commission No.: Notary Public State of Florida at Large Submitted into the public record in connection vvith item P2 -1-7 on 11308 CORPORATE RESOLUTION WHEREAS, the Board of Directors of Synchron Parking, Inc., desires to enter into an agreement with the City of Miami entitled Declaration of Restrictive Covenant. WHEREAS, the Board of Directors of Synchron Parking, Inc. has examined terms, conditions and obligations of the proposed Agreement with the City; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of Synchron Parking, Inc. that the Vice -President is hereby authorized and instructed to enter into said agreement in the name of and on behalf of this corporation with the City of Miami in accordance with the terms and conditions of the Declaration of Restrictive Covenants. IN WITNESS WHEREOF, this day By [illip A. Yaffa Print or Type Attest: , 1995. Corporate Secretary Submitted into the j3Ut)Irc record in connection with item PZ - 1-7 on 7!.?�5_ 24168.1 -6- Walter a.:oe., pan City Clerk a �fig ..jut,u� uwl� atfova sijAed Criutt an rir �20, 1fI9atw se. a ; ._ 5 be ahler5;�1ed AMENDING THE w TF11 ' .for in the ORD)NANf3E of THE CITY 4,. T10111fl 401, 1e This notice shall be week for kxu gy 04011NIGIft, 'T orp each FROM"it�fIFAMIL"i! FD-' - ihm wealm In MIAMI TO SD-6 W'iRAIL, - NESS REVIEW. > , :- , y T FOR THEPf400ERTY:LOCAItD AT 1T44166 WRYH •WITNESS my hand of "Court at Miami, DRIVE, 178&W—NC A$1 4TH A ANO.' this day"offlCF. •if99~ 171H TERRACE MUNK FLOIR11113k AND BY F. ING ALL TWE N ARY CHANGES 8 ON PAGE 110 23 A&Cler , Clerk. Circuit ':. SAID ZONING A I!LkS:_0�1TAMIN�t6 jlt1 ALER PR01R- M — D� Ccrey, Fledda O N AND A S� CLAUSE (Circuit Court Seef) J. WELLS ORDINANCE 140.11310 MIAMI DAILY BUSINESS REVIEW As Deputy Clerk �rIORDINANCEAMENDINGTM wrtt uNDu wl of Published Daily except Saturday, Sunday and E 1010.2711/3-10 95-5-102028M h+E COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE Legal Holidays N01I7CE QF II�IMtiJNZA PROPERTY LOCATED AT 3711-13 SOUTHWEST 27TH Miami, Dade County, Florida. { iN TTtE iT � OF THE RI ET, BY CHANGING THE LAND USEQESIGNAT]ON FROM STATE OF FLORIDA ELEVENTH=JUDICtAt CIRCUIT ELEVENTH CF FLORIDA IN AND FOR PLO( RESIDENTIAL TO RESTRICTED COAXIAL; ING FINDINGS; INSTAUCTINL4 THE TRANSMITTAL OF A COUNTY OF DADE: DADE COUNTY, FLORIDA PY OF THIS ORDINANCE TO AFFECTED AGENCIES; Before the undersigned authority personally a 9 Y P Y appeared FAMILY DIVISION --,'.ONTAINING A REPEALER PROVISION AND -A SEVERAINUTY Octsims V. Ferbeyre, who on oath says that she Is the 9523ggg LAUSE; AND PRQVIDING FOR AN EFFECTIVE DATE. Supervisor, Legal Notices of the Miami Daily Business IN RE: THE MARRIAGE OF Review Vk/a Miami Review, a daily (except Saturday, Sunday VADO-COFITEZ, RUTH, OI NiANCE N0.11311 and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, Petitioner, ORDINANCE AMENDING THE ZONING ATLAS OF THE being a Legal Advertisement of Notice In the matter of andONING ORDINANCE OF THE CITY OF MIA#Af, FLORIDA, VADO-CORTEZURGE 1�lAN" 4, SECTION 401. SCHEDULE ' OF. DISTRICT Respondent. 1VAN VADO-CORTEZ nONS, B1f CHANGING THE ZONING-CLASSI-' CITY OF MIAMI b TO: JORGE At10N FROM R2 TW6*AMLY FtE31DLNTtAI t0 C' ORDINANCE NO 1.1308 r' 1 t"5 >;: ESTRICTED COMM AQ1141 FOR THE PROPERTY'CC>CATED . xi a Managua, Nk�lnagun You, ;140Rt3E AIAN YADt;1- T 3711-13 SOUTHWEST" 27TH'STREET, MINA..FLOR16A, if CORTEZ, whose current reNdenap CEPT FOR A V STOP ALONG THE WE8TEM BOUNDARY' NE; AND BY MAISNI6 ALL THE NECESSARY.CHAfiIOaE.S ON, S d- is Col- 11 Septiembre (3502, MA' nags, �►ag s. awhoreby nod - AGE NO. 42 OF SAID ZONttq . , ^, CONTAINING A in the......................XXXX....................................... Court, E, ,tied to Me your Answer 4o the pad- IEPEALER PROVISIONt AND A S CIJIl1�E. was published in said newspaper in the issues of } 1e *M for Dissolution pf Marriage wi0t ,the Clark of the Court,>=aaci man Di�wANCE N tt83Z Oct 27, 1995 ,rt COPY to the pootionsr at 11to ORDINANCE, WITH ATTACHMEW'(S), AMENDING THEn. �Nfhl Avenue, Suite 407,Mian., ATLA8 OF20NfNWORDINIANCE NO. 110M FOR to Florida33131 00 or before 20 N61' im wn-r - THE,wYNW00D HE PROPERTIES torA- t d verdber, 1995, or 8tia Petition math "Mok OAF.IGN TRADE Z6M-MIAM1, FLORIDA, BY CHANGING THE Attiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade rd Dissolution `of ie- ING CLASSIFICAITION OF SAID AREA FROM - R-3 agotst you will be taken as BOA- ULTIFAMILY, MEDIUM -DENSITY RESIDENTIAL" TO I-: County, Florida, and that the said newspaper has heretofore IE feasoid. CONTAINING A REPEALER PROVISION AND been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and This notice shall by published once a week for lour eon weeks DAILY BUST I Y CLAUSE; AND PROVIDING '!FOR AN. DATE. , has been entered as second class mail matter at the post in, t o MIAMI - office In Miami In sold Dade County, Florida, for a period of NESS REVIEW ORDNANCE NM IL1313 one year next preceding the first publication of the attached WITNESS my hard and ihe-680 • ORDINANCE, WITH ATTACI1WENTft AMENNNG THE copy of .advertisement; and afflant further says that she has of said court- a1 Miami; Fbrde an laN11NG ATLAS OF ZONING ORDINiIUtCE NO. 11000 FOR neither paid or promised any pe or corporation any disc t, robots, comml and f r the purpose M — this 18 day of October, 1995. I ARVEY RUVIN HE PROPERTIES `L0QIj',A?EQ vkgTHfN THE YVYN WOOD of sac n his advertise t r ublice on In the said new p CLERK OF THE CIRCUIT TRADE ZOtII!, MIAM1,FLOR IDA, BY CHANONCI THE ING t:lAssroCA7�I f3F SAID AREA FROM G�Y 1lEfff 1 A REPEALER tE: (Cimm Court Seal) OMMERCIAL TO 14 CONTAINING _ .. . .'�4�:. )E By: J. WELLS Deputy Ckirk . ROV 1>Ikl£E DAaf IDNDI.IVER. E8Q. W M iLM IQ s Sworn to an bscribed be me this 111© Brrdtetl Avenue -N407 iigrgH° � ' �d 27 O Ober 95 of. A.D. 19...... AttornMismiey ro3a 3etm«;er '�MAfW A3AWH" 'j0 t Tt ........day ........................ ......... Fkxida'Ber Number ll5ti024 anti - 1 _ 10120-2711/3-10 955.102030M ' is" IS 11.3"ia pso NptLl/3C18Eid"As .................. 1 L .............. F E. PfldA IIpTN',E OF AC1'fION VE 1=1111 _ , Oi�111d"MM� �j (SEAL) GNFS BLiC STATE OF FLORIDA :�ELf1fENTH THE L PG 4q .'W m � W�MNl1 ipWt Iltteblil 101 hB°� t alt '!I' " �7 Octelma V. er►be�1 )VI4�9)b1)0M01 mQrtIN �IlOB JUGNGfhL OF FLOPJDA, IN A FOA eQ WRP eogoU aFLL, ' ttlN " 3t1 ' MY cAbfM►5S10N EXP. AN. 6,1996 DADE( ( xt � 04 Ut - "aP N0U•JV-'%A0 as CfYll ACTKNd NOr-95-167� tL> t-n -ON re ur IN RE: Petltitrr► for Charrgs of Named Andrew Riobert Swanson po B88t '9 AON iuolrR o uo :. �qe � IDS" �' CW NI, vovor i AD ` � -MJIOf1f' Fill .xt '� sently krash as AnOm# RabsR am go pus b£Ltfa'I3 tJrmn rr C1" tIF0 -3INANc>e AMENDWS THE �'' s rl L,#.= Z• y oR n COY JE1PTRf A E 4, SECTION '4M, 9101110101I.E OF. WMI49A EN Clit' AN kid persons wil take that on the 2ft dsy of Sepfeagbe6 �' `"+''` � ITAV IM, the`Cily Comrnbsw of Himmil.` Fklddr adopted Ina following fled �" " Mt FROM (�F4-ikINLTIPAIN .1( HX3H-DINN5t7`f WINE ordinances: " E TO SO-6 Cg NT'RTAL COMU*kW C .:T FOR.THE PIIOPERTY`iOCAIED AT 1744!'�6 NORTH Y ORDINANCE N©.11908 6. rtWt DRIVE, 17113V94 NORTHEjWr 4* AVENIM AND TERRACE, ML*^ FLO AND BY ' AN OIItANCE DEFINING AND DESIGNATING THE 401 NORTHEAST 17TH .PAGE N� 2$ TERRITORIAL umrm FOR THE CITY OF MIAMI FOR THE MAKING ALL THE NECESSARY CHANGES ON PURPOSE OF TAXATION; FIXING THE M1111LA68 AND OF SAID ZONING, AEI.A'S;;CONTAININGA-REPEALERPROV1 LEVYING TAXES IN THE CITY OF MW1M.1LORIDA, FOR THE, SION AND A SEVERABILITY CLAUSE. FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTE 48ER 30, 1996; CONTAINING, A SEVERASILITY ORRO ANCE NO.113'10 ; MIAMI DAI - CLAUSE.. AN ORDINANCE AMENDING -,THE FUTURE LAND USEnAPOF Published DaTHE COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE 11AR1t1A.-11804 PROPERTY LOCATED AT 3711-13 SOUTHWEST 27TH Miami AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL STREET, BY CHANGING THE LAND USF-IDESIGNAVON FROM STATE OF FLORIDA YEAR ENDING SEPTEMBER 30, 1995; CONTAINING: -4 DUPLEX RESIDENTIAL TO RESTRICTED C06 IAL COUNTY OF DADE: REPEALER PROVISION AND A SEVERABNJTY CLAUSE. MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; Before the unders N0.1130l3 CONTAINING A REPEALER PROVISION AND A SEVERABILNTY Octelma V. Ferbeyr ORDNANCE Supervisor, Legal AN ORDINANCE, WITH ATTACHMENT, RELATED TO CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Review f/k/a Miami R TAXATION. DEFINING MID DESIGNATING THE TERRITORIAL and Legal Holidays) LIMITS. OF THE DOWNTOWN DEVELOPMENT DISTRICT OF ORDNANCE NO.1131i County, Florida; the THE L'IT1f• OF MIAMI, FLORIDA; FIXING THE NU ACE AND AN ORDINANCE AMENDING THE ZONING ATLAS OF THE being a Legal Adverts LE(YJ!N(g TAXES' IN SAID DOWNTOWN DEVELOPMENT ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, DISTRICT -FOR THE FISCAL YEAR BEGINNING OCTOBER 1, ARTICLE 4, SECTION 401, SCHEDULE OF, DISTRICT 1995 ,ENDING.SEPTEMBER 90, 1;*,- AT FIVE TEN�YIB REGULATIONS : GY CHANG)MG THE ,ZONING AJ�SSh CITY OF M: (.6) MiCtS CNI THE DOLLAR OF i1or6timp, ASSESSED, FICATION RESTRICTED C�OIiNM�Ec'latdT K FFOR LY � TO CA ORDINANCE VALUE OF All. REAL, AND PERSONAL PROPERTY IN -SAID PROPERTY` LOCATED DISTRICT; PROVIDING THAT SAID MLLAGE AND THE TAXES AT 3711-13 S(f1II}iMIEST 27TH STREET, Mow FLOP SHALL BE IN ADDITION. TO THE'FOUNG-;OF THE MILL GE EXCEPT FORA 1' STRIP ALONG THE MVESTEi�I BOIII!IDARY AND THE LEVYING OF TAXES WI1kFNN THE TERRITORIAL LINE; AND BY MAKING ALL THE NECE86AM,64AN41ES ON LIMITS OF THE CITY OF MIANp AS REFLECTED IN THE CNTY'S PAGE NO. 42 OF SAID ZON! C."TAkiNrQ A in the ......................}{ REPEALER PROVISIQIMAI A 3F1i1YCtJ[U5E• MIL1Ai3H i,EVY.ORDINANCE FOR 'ItiE 13iUD FISCAL was published in said YEAR WHICH IS REQUIRED BY'CITY CKARTER SECTION 27; Oct 27, 1 PROVIDING THAT THE FIXING OF � M, WA AGE AND ORDMfANCE NQ:11812 LEVYING OF TAXES HEREIN SHALL BE IN, ADDITION TO AN ORDINANCE, WITH ATTACHMENT(% AMENDING THE, ; SPECIAL ASSESSMENTS; PROYIbMK3 TW►T_ THIS ORDIN- ZONING ATLAS `t>F 2I�IWNKI'ORDINANCE NO. 11000. FOR ANCE SHALL NOT 'BE DEEMED AS- REPEALING OR THE ,PROPERTIES. LwATED WITNBI .THE wYNWOOD AMENDING ANY OTHER ORDIN/i 1r1XING 14111 L.AGE OR FOREIGN TRADE Z6W MIAMI, FLORIDA. 6Y CHANGING THE Afflant further sal LEVYING TAXES, -BUT SMALL BE DEEMED �NTAL ZONING CLASStACATIQ OF SAID AREA FROM *3 Review is a newspa, AND IN ADDITION . THERETO; CONTAINING A "REPEALER MULTIFAMILY ME6l1UM•OENSITY RESIDENTIAL" TO 1 County, Florida, and I INDUSTRIAL; CONTAINING A REPEALER PROVISION AND been continuously pt . PROVISM, � CLAUSE- AND'PR0) 101Nti FOR each day (except Sari AN EFFECTIVE DATE. SEVERAmuw CLAUSE; AND PROVIDING 'FQR AN has been entered as EFFECTIVE DATE. office in Miami in saic ORDINANCE NO. 11306 " one year next precedi AN'' ORDNANCE- MAKING APPROPRIATIONS FROM ,THE OOV*AA*&IfQ-t1319 copy of.advertisemen DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE neither paid nor pron, LEVY. AND. OTHER MISCE(.LANEOW, INCOME - FOR THE ..ZONING ATLAS OF ZONING ORDINANCE 310. 14000, FOR any disc t, rebate, i DOWNTOWN DEVELOPMENT AtiR40RITY OF THE CITY {7!F THE PROPERTIES 4ACgTEQ-W17#iiN T+1E VVM RAiY00D of sec n his adve M!AW FLORIDA, FOR. THE FISCAL YEAR BEGINNING FOREIGN TRADE ZONE MIAMI FUADA; BY CHANGING'THE new p ZONING CL.ASSIFiCATim OF SAID AREA FROM C-2 0ERAL OCTOBER 1, 1995 AND ENDING ' SLRT£Mu18ER 30, 49iM6 AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTH- COMMERCIAL TO 1-MNQWSRALM4.CONTAMG A REPEALER ARITY TO - WVITE OR ADVERTISE REQUIRED BIDS; PROVISION':AND •SE14kAsEJT1f:`tLAtw—C_ AND. PROVIDING PROVIDING FOR BUDGETARY FLEXIBILITY; PROVIDING FOR AN EFFECTIVE-OAlt THAT INNS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN E MCl.1 i314 S� ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS 27 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND AN ORDINANCE AFDIli6 THE'ZOING ORDINANCE BY ........day of. ENDING SEPTEMBER 30, 19+96 FOR THE OPERATIONS FOR AMENDING ARTICLE. C-I'GENNERAL AND SUPPLEMENTARY THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION, REGULATIONS,' TOBIT VARIANCES FROM REQUIRED SEVERASILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE VISIBILITY TRIANGI E$ A"IVTERSECTIONS; CONTAINING A • • •••• ••• ••••• DATE. REPEALER PROVI�d�f.l A SEVERABILiTY CLAUSE;. AND (SEAL) ,PROVIDING FOR AN DATE. DIATE NU ORDINANCE NO.11307 Octelms V. erbe AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 3, 5 µ tN�@INANCENO. tf315 .AND B.OF ORDINANCE NO. '11180, THE ANNUAL APPRO- ,-IAN ORDINANCE Ai�WDIeO ORDINANCE NO. 11tKi0, AS MY C C7 PawnONS ORDINANCE, ADOPTED SEPTEMBER 22, 1964 NDEP, . THE � QF-� 00' THE CITY OF AME FOR FISCAL YEAR ENDING SEPTEMBER 36, 1996 FOR THE MIAMI, BY AM�Nf)II� SE6�'Ig4 609, -'SD-9 BISCAYNE PURPOSE OF INCREASING SAID APPROPRIATIONS REL- BOULEVARD �LI1{ OVERLAY;jj�0 :BY ADDING'AI -ATMNG TO OPERATIONAL REQUIREMENfTS AND OTHER . `; MODIFYING REGULAt31fillB .P44AR $ OVATE SRawS BUDGETARY ADJUSTMENTS REQUIRED' FOR THE FY'95 ` % , ABOVE A HEIGHT OF €101EEN.118) FEET-AWifi GRADE; BUDGET` AS `MORE`,PART=XARLT VESCRiBED HEREIN, AMENOM SECTION 926.16, 'LIMMATION$ DN CONTAINING A REPEALER PROVISION AND A WVERAaKJ"iY AB*E CLAUSE. GG�- TO ADD AtLAUSE REFERENCING DIES FOR THE S" SPECIAL DISTRICT, CONTAINING A ORDNA04CE I111FPEALER PROVISION AID A SEV£RABILITY CLAUSE; D AN ORDINANCE AMENDING THE . USE MAP OF k PRC?VIDINCi FOR AN Eil1TE. THE COMPREHENSIVE 4EIGH90 - O-`PLAN. FOR THE ! PROPERTY LOCATED AT 1744M756 NiDSTH BAYISHOW !Ekm ordinancesmay be hxsPecled by the.VA* at the Office ofilhe City DRIVE, 178311796 NORTPEAST '4TH AVENUE ' AND . 407, Clerk. 3500, Pan Arnerican Drive, Miami, Florida, Mo OWd Friday, NORTHEAST 17TH TERRACE, BY CHANGING, THE,LANND ; �: X4. bMN�a�n q1s hours of 8 a.m. and 5 P.M. DESIGNATION. 41014 HIGH DENS' .M4�L3�-FAw�-Y R ENTIAL'TO.RESTRICTED MAMERCIAW. ',,FOXX$i", iNSTRI.ICT*4 THE 'TRANSMITTAL OF ;A` 08PY'O1F THIS• WALTER J. FOEMAt ORDINANCE' TO AFFECTED AGENCIES; CONTA : x REPEALER PROVISION AND SEVERABILI Y CLAUSE AND (e2381) PROVtDING.FOR AN EPFEOTNE DATE9s12710M vct#la o �t�xxrrt Y oFM9 I JACK L. LUFT * 3 EDWARD MARQUEZ Director 1.98% W". City Manager o¢ 9GE 4� Co F1%,O December 17, 1996 o Mr. Robert Pennock, Chief --A M Florida Department of Community Affairs (DCA) Division of Resource Planning and Management Bureau of Local Planning '? K © 2740 Centerview Drive, Room 252 T M o 3 Tallahassee, Florida 32399-2100 Re: Transmittal of Application No. 95-2, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Pennock: The City of Miami, on September 28, 1995, adopted Ordinance 11308 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with one (1) copy of these documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-4, City Commission Meeting of September 28, 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 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 Mr. Robert Pennock December 17, 1996 g) A copy of MCNP Land Use Plan Map Amendment Ordinance 11308 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, Department of Community Planning & Revitalization at (305) 416-1435. SiFerely, Jack L. Luft Director JL/rl/bI Attachments cc: Walter Foeman, City Clerk V (letter only) Joel Edward Maxwell, Deputy City Attorney (letter only) Lourdes Slazyk, Assistant Director, CPR (letter only) Clark P. Turner, Planner II, CPR (letter only) Roberto Lavernia, Planner II, CPR (letter only) Page 2 of 2 ATTACHMENT A PLAN AMENDMENT - CHECKLIST Submittal Requirements: 9J-11.006, F.A.C. (revised 6/5/89) Amendment No. 95-2 — MCNP 1989-2000 1) The ordinance was approved on first reading July 13, 1995 and on second reading September 28, 1995 for transmittal to the Department of Community Affairs. 2) June and December are the proposed months of adoption of plan amendments for the 1996 calendar year for which no exemption from the twice per calendar year limitation on comprehensive plan amendments is claimed. 3) This plan amendment is not in an area of critical state concern. 4) This plan amendment does not apply to the Wekiva River Protection Area pursuant to Ch. 88-393, Laws of Florida. 5) This amendment is one of the exemptions to the twice per calendar year limitation on the adoption of plan amendments. This amendment qualifies as a small scale development activity pursuant to subjection 163.3187(l)(c), Florida Statutes. The cumulative effect of this activity this calendar year (1996) is 2.78 acre. This amendment is also being submitted for abbreviated review pursuant to subsection 163.3187 (1) (c)4, F.S. 1993. 6) This plan amendment is not proposed to be adopted under a joint planning agreement pursuant to Section 163.3171, FS.. 7) The local contact person is: Roberto E. Lavernia Planner II, City of Miami, Department of Community Planning & Revitalization. 444 S.W. 2nd Avenue, 3rd Floor Miami, Florida 33130 (305) 416-1435 8) The plan amendment changes an area on the Future Land Use Plan Map from Duplex Residential to Restricted Commercial . The size of the designated area is 2.66 acre. 9) The City staff (Department of Community Planning & Revitalization) recommended denial; the local planning agency (Planning Advisory Board) and the local governing body (City Commission) recommended approval. 10) A copy of the evaluation and appraisal report is neither required or available at this time. sEttla of �t�xxn oF,y9 1 a�'c,�Y JACK L LUFT F Director 0 9O�C0 04, December 17, 1996 Mr. John Hulsey South Florida Regional Planning Council 3440 Hollywood Boulevard Suite 140 Hollywood, Florida 33021 Re: Transmittal of Application No. 95-2, an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000 Dear Mr. Hulsey: EDWARD MARQUEZ City Manager The City of Miami, on September 28, 1995, adopted Ordinance 11308 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1)(c)4, F.S. 1993 (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ4, City Commission Meeting of September 28, 1995) (Attachment E); Page I of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 Mr. John Hulsey December 17, 1996 g) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 1 ] 308 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner 11, Department of Community Planning & Revitalization, at (305) 416- 1435. S' erely, Jack �LLuft Director JL/rl/bl Attachments cc: Walter Foeman, City Clerk (letter only) Joel Edward Maxwell, Deputy City Attorney (letter only) Lourdes Slazyk, Assistant Director, CPR (letter only) Clark Turner, Planner II, CPR (letter only) Roberto Lavernia, Planner Il, CPR (letter only) Page 2 of 2 Ulf L Y OFM7 f JACK L. LUFT EDWARD MARQUEZ. Director City Manager yOFCO., p1.�4, December 17, 1996 District Director for Planning and Programming District Six Florida Department of Transportation (FDOT) 602 South Miami Avenue Miami, FL 33130 Re: Transmittal of Application No. 95-2 an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: The City of Miami, on September 28, 1995, adopted Ordinance 11308 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (C)4, F.S. 1983 (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-4 City Commission Meeting of September 28, 1995) (Attachment E); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 District Director for Planning and Programming December 17, 1996 g) A copy of Volume I; Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements. (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 11308 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Department of Community Planning & Revitalization, at (305) 416- 1435. Sin erely, Jack L. Luft Director JL/rI/bl Attachments cc: Walter Foeman, City Clerk (letter only) Joel Edward Maxwell, Deputy City Attorney (letter only) Lourdes Slazyk, Assistant Director, CPR (letter only) Clark P. Turner, Planner II, CPR (letter only) Roberto Lavernia, Planner II, CPR (letter only) Page 2 of 2 JACK L. LUFT Director Q14-tij of 'fflia-mrt F� STY Op M93 December 17, 1996 Executive Director, South Florida Water Management District (SFWMD) P.O. Box 24680 West Palm Beach, FL 33416-4680. Re: Transmittal of Application No. 95-2 an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: EDWARD MARQUEZ City Manager The City of Miami, on September 28, 1995, adopted Ordinance 11308 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. 1993 (abbreviated review ) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of : a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment C); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-4 City Commission Meeting of September 28, 1995) (Attachment E); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 South Florida Water Management District December 17, 1996 g) A copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements, (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 11308 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner II, Community Planning & Revitalization Department, at (305) 416- 1435 Sin rely, 66 %2%t=11r C/jaector SR/rl/bl Attachments cc: Walter Foeman, City Clerk Joel Edward Maxwell, District City Attorney Lourdes Slazyk, Assistant Director, CPR Clark Turner, Planner II, CPR Roberto Lavernia, Planner II, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only) ifitia'af Y OF �9 JACK L. LUFT �- 3 Director 90 ♦q FCO., FV0 December 17, 1996 Florida Department of Environmental Protection Plan Review Section 3900 Commonwealth Boulevard, Room 914 B Tallahassee, FL 32303. Re: Transmittal of Application No. 95-2 an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Sir: EDWARD MARQUEZ City Manager The City of Miami, on September 28, 1995, adopted Ordinance 11308 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This amendment is a small scale development activity and, according to Chapter 163.3187, is submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987, Chapter 163.3187 (1) (c)4, F.S. (abbreviated review) and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to provide you with a copy of these documents consisting of : a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment A); b) Analysis of the availability of, and demand on, public facilities (Attachment B); c) Analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as these of other affected elements (Attachment Q d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare network; and the present land use designations of the property and abutting properties (Attachment D); e) A copy of support documents on which recommendations are based (PZ-4, City Commission Meeting of September 28, 1995) (Attachment E); Page 1 of 2 DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION 444 S.W. 2nd Avenue/Miami, Florida 33130/(305) 416-1400/Telecopier (305) 416-2156 Mailing Address: P.O. BOX 330708/Miami, Florida 33233-0708 Florida Department of Environmental Project December 17, 1996 g) copy of Volume I: Goals, Objectives and Policies of the MCNP, as amended through January 24, 1991. This volume contains all of the adopted MCNP elements (Attachment F); and h) A copy of MCNP Land Use Plan Map Amendment Ordinance 11308 as adopted, (Attachment G). If, in the abbreviated review process, there are points that need clarification, you may contact Robert E. Lavernia, Planner II, Community Planning & Revitalization Department, at (305) 416-1435. Scer Jack L. Luft, Director Sr/r1/bl Attachments cc: Walter Foeman, City Clerk Joel Edward Maxwell, Deputy City Attorney Lourdes Slazyk, Assistant Director, CPR Clark Turner, Planner II, CPR Roberto Lavernia, Planner II, CPR Page 2 of 2 (letter only) (letter only) (letter only) (letter only) (letter only)