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HomeMy WebLinkAboutO-10973J-91-645 8/19/91 ORDINANCE NO. i 9'7 3 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX 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 Miami Planning Advisory Board, at its meeting of July 17, 1991, Item No. A, following an advertised public hearing, adopted Resolution No. PAB 44-91, by a 6 to 3 vote, RECOMMENDING DENIAL of an amendment to the Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, as hereinafter set forth; and WHEREAS, notwithstanding the recommendation of the Planning Advisory Board, 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; fit# nrt�xxrtt SERGIO RODRIGUEZ, AICP y� • » CESAR H. ODIC)Director uou� oau p � 9OE City Manager `� May 8, 1992 t lift C-a Q0 Mr. Ralph Hook, Community Programs Administrator c oo rn Florida Department of Community Affairs (DCA) m;-.- -- Division of Resource Planning and Management x zr < Bureau of Local Planning ram- x?- M 2740 Centerview Drive n Tallahassee, FL 32399-2100 Cn co Re: Second Transmittal of Amendment No. 91-8, to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Hook: The City of Miami, on April 30, 1992, adopted Ordinance 10973 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This proposed amendment is a small scale development activity and, according to Chapter 163.3187, was submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 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 four (4) copies of these documents consisting of: - One (1) copy of MCNP Land Use Plan Map Amendment Ordinance 10973 as adopted, (Attachment 91-8-2 A); - One (1) copy of the support documents on which recommendations are based, (PZ-7, City Commission Meeting of April 30, 1992) (Attachment 91-8-2 B); As directed in Mr. Paul Bradshaw's letter of May 21, 1990, we are forwarding one (1) copy of these documents to the Executive Director of the South Florida Regional Planning Council. to Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Mr. Ralph Hook May 8, 1992 If, in the 45 day review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner I, Planning, Building and Zoning Department, at (305) 579-6086. S i n,ce:r-e1, , Sergio dreg AICP L Directo pJ SR/rl Attachments cc: Matty Hirai, City Clerk (letter only) Guillermo E. Olmedillo, Deputy Director (letter only) Planning, Building and Zoning Department Clark P. Turner, Planner II (letter only) Planning, Building and Zoning Department Robert Lavernia, Planner I (letter only) Planning, Building and Zoning Department Doc:[robert]<robert>transm/91-8 Page 2 of 2 Q-1tt 'af �KTan i CA , SERGIO RODRIGUEZ, AICP y% CESAR H. ODIO Director .ca....n. ' City Manager u u CF 9�f QQ` May 8, 1992 zz pC->3> -n Mr. B. Jack Osterholt, Executive Director 3 , South Florida Regional Planning Council =- 3440 Hollywood Boulevard, Suite #140 ,�— CA. Hollywood, FL 33021 ?''Gm ro Re: Second Transmittal of Amendment No. 91-8, to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Osterholt: The City of Miami, on April 30, 1992, adopted Ordinance 10973 amending the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP). This proposed amendment is a small scale development activity and, according to Chapter 163.3187, was submitted without regard to statutory limits on the frequency of consideration. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 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: - One (1) copy of MCNP Land Use Plan Map Amendment Ordinance 10973 as adopted, (Attachment 91-8-2 A); - One (1) copy (for reference purposes only) of the support documents on which recommendations are based, (PZ-7, City Commission Meeting of April 30, 1992) (Attachment 91-8-2 B); Page 1 of 2 .IV� Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 Mr. B. Jack Osterholt May 8, 1992 If, in the 45 day review process, there are points that need clarification, you may contact Roberto E. Lavernia, Planner I, Planning, Building and Zoning Department, at (305) 579-6086. On Sergio R Direc or SR/rl Attachments ezf AICP i` cc: Matty Hirai, City Clerk Guillermo E. Olmedillo, Deputy Director Planning, Building and Zoning Department Clark P. Turner, Planner II Planning, Building and Zoning Department Robert Lavernia, Planner I Planning, Building and Zoning Department Doc:[robert]<robert>transm/91-8 Page 2 of 2 (letter only) (letter only) (letter only) (letter only) PZm7 PLANNING FACT SHEET APPLICANT A Vicky Leiva, Esquire; Attorney for owners: Luis and Raul Galindo June 7, 1991 PETITION A. APPROXIMATELY 2947-49 S.W. 22ND TERRACE Lot 30 Block 2 MIAMI SUBURBAN ACRES AMEND. (4-73) PRDC Consideration of amending Ordinance 10544, as amended, Future Land Use Plan Map, Miami Cogprehensive Neighborhood Plan 1989-2000, by changing the land use designation of the subject property from DUPLEX RESIDENTIAL to RESTRICTED COMMERCIAL. (Note: This item was continued from the PAB meeting of July 10, 1991) REQUEST To change the plan designation for the subject property from DUPLEX to RESTRICTED COMMERCIAL. PLANNING RECOMMENDATION Denial. BACKGROUND As a small scale amendment, if passed on first reading, this application will be sent to the Florida Department of Community Affairs for 90-day review and comment, prior to second reading. ANALYSIS There is no justification for the proposed change; other commercial areas are available. The change is not consistent with the objectives of the Miami Comprehensive Neighborhood Plan pertaining to sound and orderly development of commercial property - and conservation and protection of residential neighborhoods. Although the proposed change would have little impact on City-wide levels of service, this proposed change, if granted, would open S.W. 22nd Terrace west of SW 21th Avenu� to further commercial applications. PLANNING ADVISORY BOARD At its meeting of July 17, 1991, the Planning Advisory Board adopted Resolution PAB 44-91 by a 6-3 vote, recommending denial of the above. Five OPPONENTS and one PROPONENT were present at the meeting. Six replies AGAINST and seven in 10 9 7 3 FAVOR were received by mail. / YA ImNEI, SINGLE • FAMILY RESIDENTIAL 5 IN Ell I �ILM RESIDENTIAL , aiiinm uu n "unni�=i `Jl�d�„ .annmiane mnnneie_ml 23 ST. 777 DUPLEX I,7 RESIDENTIALWHT TER.. 0=DDUME 10544 MW 1989-2000 Approz: 2947-49 S.Y. 22nd Terrace V I I I I I ( I Iron: Hadiva Dena i t. 11 ( 100 Mnitifaally lu s. W. N 24 To: General Co mrc: DER 7/11110t 10973 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal so.: 91-8 IMPACT OF PROPOSED AMENDMENT TO LAND USE NAP Date: July 17, 1991 WITHIN A TRANSPORTATION CORRIDOR I---------------------------------------------------------------- I-_-"_---------------------------------------------------------- AMENDMENT INFORMATION I CONCURRENCY ANALYSIS ----------------------------------------------------------------I--_--_--_----_--------_--_------_------------------------------ Applicant: Carlos C. Lopez, atty. I RECREATION AND OPEN SPACE Address: 2947-494'S.W. 22 Tarr. I Population Increment, Residents 58 1 Space Requirement, acres 0.01 Boundary Streets: North: I Excess Capacity Before Change 54.81 South: S.W. 22 Tarr. 1 Excess Capacity After Change 54.74 East: I Concurrency Checkoff OK iWest: I ---------------------------------------------------------------- I I POTABLE WATER TRANSMISSION Existing Designation, Maximum Land Use Inten4,ity I Population Increment, Residents 58 1 Residential 0.17 acres 8 18 OU/acre 3 DU's 1 Transmission Requirement, qpd 12,918 Other 0 sq.ft.9 0 FAR 0 sq.ft.l Excess Capacity Before Change >20 above demand i Peak Hour Person -Trip Generation 3 1 Excess Capacity After Change >2i above demand I I Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity I--------------------------------------------------------------- 1 Residential 0.17 acres 1 150 DU/acre 26 DU's I SANITARY SEWER TRANSMISSION I other 0 acres 8 0 FAR 0 sq.ft.l Population Increment, Residents 58 Peak Hour Person -Trip Generation 28 1 Transmission Requirement, gpd 1C1669 Excess Capacity Before Change >2% above demand Net Increment With Proposed Changes I Excess Capacity After Change >20 above demand ; I Population 56 1 Concurrency Checkoff OK I Dwelling Units 22 1------_----------»------------------------------------------, Peak Hour Person -Trips 25 1 STORM SEWER CAPACITY Exfiltration System Before Change on -site Planning District Shenandoah I Exfiltration System After Change On -site I I County Wastewater Collection tone 310 1 Concurrency Checkoff OK ! Drainage Subcatchment Basin S2 I ---------------------------------------------------------- I Solid Waste Collection Route 42 1 SOLID WASTE COLLECTION I Transportation Corridor Name Coral Way I Population Increment, Residents 58 i Solid Waste Generation, cons/year 74 i ----------------------------------------- ----------------I Excess Capacity Before Change 500 1 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES I Excess Capacity After Change 426 1 I Concurrency Checkoff OK 1 Land Use Policy 1.1.1 1 ----- «-------------------------------------------------------! CIE Policy 1.2.3 1 TRAFFIC CIRCULATION Population Increment, Residents 58 1 I I Peak -Hour Person -Trip Generation 25 1 I I LOS Before Change A I I LOS After Change A i -------- I Concurrency Checkoff OK I ------------------------- NOTES I I -------------- ----------- -_---_-_------------------------------i ASSUMPTIONS AND COMMENTS 1 Population increment is assumed to be all new residents. Peak-1 I I period trip generation from ITE Trip Generation, 4th Edition. 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 I I mains are assumed to be of adequate sizes if not, new connec- t tions to be installed at owner's expense. Recreation/Open 1 I Space acreage requirements and Traftic Circulation V/C balances assume proposed change. Transportation Corridor capacities and LOS from Table PT-2(R1), Data and Analysis. 1 ICM-1-IN 03/13/90------- ----------- ------- »------------- I ---- -----------------------------------------------------------I 109733 PAB- ITEM A July 17, 1991 RECOMMENDATION The Planning Building and Zoning Department recommends denial of the proposed comprehensive plan amendment requesting a land use designation change from Duplex Residential to Restricted Commercial. ANALYSIS The subject 0.11 acre parcel is located in the block bounded by SW 22nd Street (Coral Way) and 22nd Terrace, between SW 29th and 31st Avenues at approximately 2947-49 SW 22nd Terrace, in the Coconut Grove Planning District. 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 "Duplex Residential". Lots to the east and south are similarly designated; to the west and north there are "Restricted --Commercial" land use designations. The Duplex Residential land use category permits residential structures up to two dwelling units. Permissible uses include places of worship, primary and secondary schools, child day care centers and adult care centers. Community - based residential facilities (14 clients or less), are permissible in suitable locations subject to planning director approval. 10973 r • 1• 17 1• 1• Ito 111 .1,7 1• I• � 7 • ' T 4 {3 3 J i" 11 t. . 7 • t t 11 • 3 1 IT K . M 13 It • le f T E RR 13 r 1• 1• n N • � • • t1 it '3 =•� t� +1 a . • • 3 t 1 s • Y N � �.w. .It M N • • II • •• •� i 1•. 'iltl•�I* is . 1 n I. ' 2o it tt is >/ Sit to is • • T • + 3 i 1 e 20 ST. Val" "I' It I's 10 Is" s 17. is is$ its i t A. as int1 :• or is • • 11411• • . s • i 1 ,• 1 S.W 2 i sa = tt s =• • 1• 1. 1.2 q u 1• • • s • • = f f .• is. .. T AS 41 to r •i • • if'I• • n S 1. It n N f • T . • .; NOW 2 • (CORAL 'A ) ' a.w 22' ST so ' 1" Is 4.11'so •T s. s t 1 • N * N 1• I t I I , ,• 3: 1 • N , W, a,A 31 3. 31 • .• • • 1 i • '• 7 • • 1 : • :; t 3 . t• 1 • "•.M 41 04 • 3 = � •• 1, tt Tt 13 >. is 76 tr : 11 N • • T • • . 3 : 1 t7t.l.3.•1 t 3 i• t•3.3, ,. a at Is 1 • 1 1 1• • 1 . • 3 ' • " is s� a O s • � d. • • 11 • 1. 13 1+ IURIAN 4cR s • • �pamom��u mmm� ! t; R • •• • • • •• • •► 7. F3% f 7 7t 13 t 1 OF .• •• •1 ==AM 105" MW 1969-2000 . 9At7_lA Q v ilk +• 1 . 1s a _ 22ad Terrac! - � ---- - Itaa: Medium 3u D•it7 S.W. Multifa317 i:i 1 Is 16 • • • 1 • . • 3 t 1 • 1• ,1 13 1114 . T • • • 3 i 1 H Is 1• J• r TO: General Cow rc i 0 wrr t2 83 3. 1 $ !• f, !.) •, t • ,• wl., Iw I••I•. • •. .. .• •.�. •. 7 T tt UGY�°9�fIGG1 qp� tiVi t { tv y ' ii 6iy. '�.. Wo. r<ta�t,� � �•,sa qrc a-:N �� � is .: �sz« < �' ., -. b '� :3-yb �.•`�� �� Pi 9 y4. w t S N � '� 4 x• S oltDINANCE 10544 VIM i 1 1 1Frd Terrace Multifam:L Aft To: General Co 1) Application # Date: CITY OF MIAMI PLANNING DEPARTMENT 275 M.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17 of the Code of the City of Miami, Periodic review, additions 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 thereeof 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 amepI t 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: i ) City Commission ( ) Planning Department ( ) Zoning Board x ; Other i P i ease Specify: -gO_E RT_kT1FRS The subject property is located at 2 9 4 7- 4 9 SW 2 2 nd Terrace Miami, Florida AND MORE PARTICULARLY DESCRIBED AS: Lots) 30 Slock(s) 2 10973 Subdivision AMENDED PLAT OF MIAMI SUBURBAN ACRES, PB 4/73, •_ Dade County,PaFloxid 3 9e1 The under signe,' being the owner or the representative of the owner, of the . subject propert; 'es) respectfully request the iroval of the City of Miami for the following aonendment(s) to the Miami Com4-.ehensive Neighborhood Plan ' for the above -described property as indicated in the Land Use Plan: UM FROM: -- -- / 0 A�,-JiTI 4 ,! TO: -PEf,e47-E-0 Please supply a statement indicating why you think the existing plan designation is inappropriate. MAJORITY OF SURROUNDING PROPERTY IS ZONED FOR COMMERCIAL USE. . Please supply a statement justifying your request to change the p'in to your requested plan designation. WE OWN PROPERTY DIRECTLY ADJACENT TO THE SUBJECT PROPERTY. OUR ADJACENT PROPERTY IS ZONED FOR AND IS PRESENTLY 'USED AS COMMERCIAL PROPERTY, IVE NEED ZO USE THE SUBJECT (ADJACENT) PROPERTY IN THE BUSINESS OPERATIONS. ALSO, THIS CKANGE WILL BRING THE SUBJECT PROPERTY IN CONFORMITY WITH A MAJORITY OF THE SURROUNDING PRnPFRTY. What is the acreage of the property being requested for a change in plan designation? 7000 SQUARE FEET Page 2 of 3. 10973 has Lne oes I gIl4L 1 Ul1 UI 1.111.4 Nf UPCU 6y uCC11 %.+/Qi4VQw •.: �••c . w� J. w Oo you own any other property within 200' of the subject property? YES If yes, has this other property been granted a change_in plan designation within the last 12 months? '_ - Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Department? ES Have you filed with the Planning and Zoning Boards Administration Department: - Affidavit of owner;hip? YES - List of owners of property within 375' of the subject propert AS Disclosure of ownership form, YES If not, please supply . SIGNATURE " DATE JUNE S . 1991 r NAME LO WOUEZ- GUTAR ATTORNEY RFP E ENTATIVE FOR OWNEF ADDRESS 1040 SW F R'' TREET MIAMI FLORIDA 331"30--1094 PHONE (305) 545-7668 STATE OF FLORIDA) SS: COUNTY OF OADE CA4LOS C. p="GUTA1Z-- , being ly smv, deposes and says that e IS the (Authorized gent or Owner the eal property described aboves that he has read the foregoing answer tha same are true and complete; and (if acting as agent for owner)/ h authority to -execute this petition on behalf of the owner. • (SEAL) SWORN TO AND SUBSCRIBED CARS C...VE Z AGU AR before me this s th day of TTINF. 1991 j 1 --- t y U011IG9 4t416 UT riorlda at Large NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: DEC..20, 1993. DOND[D TNRu NOTARY PutLIC UND[RWRIT%,, . Mil COMMISSION EXPIRES: Computation of Fee: Receipt ;: t Page 3of3 10973 A F 7 A '7 MCI fF : ) SS. CMNN OF Um ) Before me. the jrdQr2igrAa autror:ty, t:.3s day personally agxazvd CA R L O S C. L O P E Z- A GU I .A R who ceir; by me £:."st du:y ewer... ,-•pin cath, deposes and says: I. .. t he is the owner, or the lepl represe r-4tive of t, w owner, submitting the accempstrf=4 application for a public hear-ing as required by Qrdirmce No. 9500 of the Code of the City of Miami, r for ea. effeatir4 the reel properey located in the City of Miami as described arud Listed on the penes atrached to this affidavit and made a part thereof. 2. Thim mll owner: w Ach he represams. it may, hrre Riven their NU and complete peradssian for him to act in thdr WZU for the c.w%p or modificatim of a classification or ragwatim of zm u* as set out in the accc:Panyim petiti m. 3. 'Azat the paps attached hereto and made a part apt this affidavit c=rAI i the e:srztiat names,, uaaili= mddresses, ;boom :asobers art lepl descriptions for the real property which he is the owunsr or lepl I OF ""native. L. nw facts -as repnseaead its the applicatim mad docusoe::ss submitted in cmltj .im with this affidavit are tra and comsat. j1 FUMIUW AM= sayeth not. Swan to and Susac-ibed before aye this _ day ofjUNE_19UL•. „ourl &ablic. State of Florida at LUIS ''y Cc-r:s=isian xi.: es: CARLOS��LOPSZ-1TARI 7 NOTARY rueut ITATR OF 0%0*'DAs my Ia. tool. 60MIS" tiw A•t�000W W"Ve• '"" 109"73 1lI ^�rER'S L:S' Owner's aamt LUIS GALINDO _ wiling Address c/o Carlos C. Looez-Aquiar, P.A., 1040 SW 1st :-ee: , . ! J 'eleamone lutmer (30S) 545-'568 -tgal :escr"otlem. Lot 30, Block 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES, accord:-; to the Plat thereof, as recorded in Plat Book 4. at Page 73, =. • the Public Records of Dade County, Florida a/k/a,2947-49 SW Terrace, Miami, Florida Owner' s Nam RAUL GAL I NDO Mailing Address c/o Carlos C. Lonez-Atuiar, P.A.. 1040 SW First Street 'Miami', Florida Telephone Number (30 S) S 4 S- 76 6 8 Legal Description: Lot 30, Block 2, AMENDED PLAT OF MIAmr SUBURBAN ACRES, accord:nz to the Plat thereof, as recorded in Plat Book 4, at Page 13, o1: Public Records of Dade County, Florida a/k/a 2947-49 SW 22nd Terrace, Miami, Florida. Owner's Nam Mailing Address Telephone Number Legal OeiCripttOn: Any other real estate property owned individually, jointly, or severally (by corporation, pumnersaip or privately) within 313' of the subject site is listed as follows: Street Address Legal Oescription 2940 Coral stay rots S and 6. less the North 3S Feet, Block 1. AMENDED PLAT OF I-tIAMI SUBURBA' Miami, Florida _ ACRES. PB 4/73, Dade County. Florida Street address Legal Oescricticn Streit Address • Legal 0escri0ti7A 7l/ 1. Legal description and st:est adds" of suaject :sal property: Lot 30, Block 2, AMENDED PLAT OF `1IAMI SUBURBAN ACRES, accord:^3 to the Plat thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida. a/k/a 2947-49 SW 22nd Terrace, Miami, Florida. 2. • Owner(s) of Subject real property and percentags of ownsrship. Vote: City of :dams Ordinance No. 9419 requires disclosure of all parties a iav—"inq a financial interest, either direct or indirset, in the suoject matter of a presentation. request or petition to the City Commission. Accordingly, question 12 requires disclosure of all shareholders of cowwatians, bwaticiaries of trusts. ard/oe MW other interested parties, together with their addresses and proQortiaw" interest. LUIS GALINDO and RAUL GALINDO - 100t c/o Carlos C. Looez-ABuiar, P.A. 1040 SW FIRST STREET MIAMI, FLORIDA 33130-1094 3. LagaL descripan tion d street address of any real property (a) owned by any p=y listed in &VWW to questsM 42. and (b) loessed wzth' 373 feet of the subject real JMq*rty. Lots S and 6 less the North 3S feet, Block 2, : AMENDED PLAT OF MIAMI SUSURBAl ACRES, according to the Plat thereof, as recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida. a/k/a 2940 Coral Way, Miami, Florida. CARLOS C. LOPBZ--,XfUTAR ST3lTt Or FLOX= ) S3 s CARLOS C. LOPEZ-AGUTAR " , IN&q. duly sroat, deposes and says that as is chi l vnec) (Attorney got 0%moc) of the coal property described in answr to question 91, abomet that he has retl the totegoiM answers and that the same are Cris bed couplets: and (if aesiaq as attorray for ownee) that he has authority to exe=ts miss Riseloiuce of Ownerstilp !ohs on oshalf of the oweWc. J09 73 CARLOS `��:" CUPEZ-ACUTAR S-:1TE Or =Rmik l SS: CC= Or = ) CARLOS C. I.OPQZ-AGUTAR alg dulyTom, deposes and sa},s tnat ne is the culy apoointso attomev%reoresentat' LA s . owner of the real property descr iom :n answer to question f l , accm ! that he has read the foregoing answers; that the same are true and com- pletes and that he has the authority to execute this Disclosure of Owner - snip form on behalf of tte owner. S IC.I L0t9Z-AGDI4R cetore me this Sth day of June —7T90 91 NOCa=y puuuc, State at • f1mida at bagp NOTARY KM srAig oI nowe& M1 CorrMlv mmoaG 10. tiler .o 1097 3 16t#g af �iantl- SERGIO RODRIGUEZ, AICP Director March 20, 1992 Mr. Robert Pennock, Chief Bureau of Local Planning State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida, 32399 0 J nnu uuu llJf ��\ CV f!. Re: Correction of previous notice - City of Miami Proposed Amendment 91-8 (DCA NO. 92-S5), 2947-2949 SW 22nd Terrace. Dear Mr. Pennock: CESAR H. ODIO City Manager Please be advised that the public hearing in this item, noticed to you by letter of March 9, 19 22, has been postponed to 5:00 p. m., Thursday, April 30, In response to your letter of February 18, 1992 to Mayor Suarez and pursuant to Section 163.3184(8)(a) F.S., the Miami City Commission will hold a public hearing at City Hall, 3500 Pan American Drive, Dinner Key, as follows: At or after 5:00 p. m. (Originally scheduled for March 26 but postponed to:) Thursday, April 30, 1992 pertaining to the plan amendment referenced above. The DCA Objections, Recommendations and Comments Report, containing DCA objections, will be considered at this public hearing. On March 26, 1992, at the commencement of the planning and Zoning agenda at 2:00 p. m., the City Administration and Law Department will announce that the entire agenda cannot be considered because of lack of advertising. The City Commission will then be asked to continue all planning and zoning items to the April 30th, 1992 meeting. By copy of this letter, the Florida Department of Transportation, District Six and the South Florida Regional Planning Council are also being informed of this postponement. /3—A Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O Box 330708 / Miami. Florida 33231-07nR Mr. Robert Pennock March-20, 1992 Please, call Guillermo Olmedillo, Deputy Director, at this number (or SUNCOM 921-6086) after March 20, 1992, if you want the item number. ncertk�y, Serg 'o Rodrigue , AICP Dire for cc: Servando M. Parapar, P. E. Director of Planning and Programs, District Six Office of Planning and Programs Florida Department of Transportation 602 South Miami Avenue Miami, Florida 33130 Carolyn A. Dekle, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Teresita L. Fernandez, Chief Hearing Boards Office Planning, Building and Zoning Department Joseph W. McManus, Assistant Director Planning, Building and Zoning Department Clark P. Turner, Planner Planning, Building and Zoning Department Robert Lavernia, Planner Planning, Building and Zoning Department Page 2 of 2 3- 109'73 SERGIO RODRIGUEZ, AICP Director March 13, 1992 �.t u �Ht�xxrtt ,r CESAR H. ODIO f 11 [II/ 11�1lI f �T `c City Manager t\� Cri � � 1 tri N Mr. Robert Pennock, Chief Bureau of Local Planning State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 RE: City of Miami Response: Florida Department of Community Affairs (DCA) Objections, Recommendations and Comments Report on City of Miami Plan Amendment 91-8 (DCA No. 92S5) Dear Mr. Pennock: This letter is in response to specific objections contained in DCA's Objections, Recommendations and Comments report dated February 18, 1992, on the City of Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) Amendment 91-8, DCA No. 92S5, pertaining to the property at 2947-49 S.W. 22 Terrace. The DCA objection appears to be based solely on the need for additional analysis of the land use policy implications of the proposed amendment; not necessarily to the plan amendment itself. The DCA Objection states that the proposed amendment "is not supported by adequate data and analysis, including how the amendment is compatible with surrounding land uses". DCA then recommends that "the amendment be revised to include an analysis of how the proposed development is consistent with the City's adopted objectives and policies encouraging the protection of residential neighborhoods". The following discussion addresses this Objection and Recommendation. / Planning and Zoning Division / (305) 579-6086 / FAX 305 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami. Florida 33233-0708 The DCA objections are that the amendment appears to be inconsistent with the requirements of a series of sections of Rule 9J-5.006 F.A.C. as follows: 1, gi-5.006(2)_ This citation introduces the "Land Use Analysis Requirements" of Rule 9J-5.006. Response: The subject property is not used residentially, and adoption of the proposed amendment would not result in any residential displacement. The City's policy, as determined by the City Commission, has been to avoid rapid, sweeping changes to the existing land use pattern in this transitional area, substituting instead a case -by -case approach to change. This approach has resulted in the gradual conversion of many formerly -residential properties to off-street parking serving the Coral Way businesses. Inasmuch as the subject lot adjoins an area to the west which has already undergone this conversion, the amendment can be viewed as being in accordance with the existing and emerging land use transitions in its vicinity, and thus is consistent with the requirement to eliminate or reduce uses inconsistent with the community's character and proposed future land uses. 2. 9,7-5.006(3)(b)3 This section requires the future land use element to include one or more specific objectives that "encourage the elimination or reduction of uses inconsistent with the community's character and future land uses". The applicable MCNP objective is LU-1.6: "Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan and to reduce the number of land uses that are inconsistent with the City's Future Land Use Plan Map". Response: The city's policy of considering conversion of duplex residential properties to off- street parking use on the north side of S.W. 22 Terrace on a case -by -case basis is evidence of the regulation of development and redevelopment of real property to achieve consistency with the MCNP goals, objectives and policies. Moreover, the history of land use for that strip shows a continuing evolution of policy to effect an orderly transition of this area to its emerging new function. 3. 9J-5.006(3)(c)2 This section requires the future land use element to include one or more policies for each objective that address implementation activities for the "provision for compatibility of adjacent land uses". The applicable MCNP policy is LU-1.1.3: "The 10973 L) 3/13/92 Response to DCA ORC 9255 Page 2 City's zoning ordinance provides for the protection of all areas of the city from the encroachment of incompatible land uses; from the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man- made amenities; and from transportation policies that divide or fragment established neighborhoods". Response: It is the city's position that, in this transitional area, the proper application of land use controls demands an orderly process whereby on a case - by -case basis consideration is given, on the one hand, to the predominantly residential land use of the tier of lots along the north side of S.W. 22 Terrace and, on the other hand, to uses that serve the commercial lots fronting on Coral Way. Changes made in the surrounding area provide an orderly, gradual transition of uses in the designated area and reduce the number of incompatible land uses. 4. 9J-5.006(4)(a) Requires the future land use map to show "the proposed distribution, extent, and location of the following generalized land uses...: 1. Residential use; 2. Commercial use; 3. Industrial use; 4. Agricultural use; 5. Recreational use; 6. Conservation use; 7. Educational use; 8. Public buildings and grounds; 9. Other public facilities; 10. Historic district boundaries and designated historically significant properties meriting protection." Response: The Future Land Use Plan Map for the City, as adopted in the MCNP, shows these required generalized land uses to the extent that they actually exist and/or are planned within the City, or as otherwise. provided for under 9J-5.006(4)(c), 9J- 5. 006 (4) (d) , and 9J-5. 006 (4) (e) . However, there is a disparity between the MCNP Future Land Use Plan Map and the actual use of the four lots lying immediately west of the subject property. The Land Use Plan Map shows a designation of "Duplex Residential" for these four lots, while the present legal use is for parking serving the commercial lots fronting on Coral Way. The Land Use Plan Map designation for the four properties is a scrivener's error and should properly be drawn as "Restricted Commercial", reflective of the transitional nature of the properties in the area, as discussed �`"J 3/13/92 Response to DCA ORC 92S5 Y /�n �/ 10973 Page 3 elsewhere in this response. This and any other improper designations) will be included in a future omnibus amendment, probably in conjunction with the Evaluation and Appraisal Report on the MCNP. I trust this response to DCA's Objection is satisfactory. If you have any questions or require further information, please contact me or Mr. Clark P. Turner at (305) 579-6086 (SUNCOM 921-6086). Sincerely, 0 cc: Joseph W. McManus Clark P. Turner 10973 3/13/92 Response to DCA ORC 92S5 Page 4 / 7 .�.tt oft" �xxrrt SERGIO RODRIGUEZ, AICP j' CESAR H. ODIO rY Director , a1 t_ Ci[v tita Hager �i t March 9, 1992 Mr. Robert Pennock, Chief Bureau of Local Planning State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida, 32399 Re: City of Miami Proposed Amendment 91-8 (DCA NO. 92-S5), 2947-2949 SW 22nd Terrace. Dear Mr. Pennock: In response to your letter of February 18, 1992 to Mayor Suarez and pursuant to Section 163.3184(8)(a) F.S., the Miami City Commission will hold a public hearing at City Hall, 3500 Pan American Drive, Dinner Key, as follows: At or after 5:00 p. m. Thursday, March 26, 1992 pertaining to the plan amendment referenced above. The DCA Objections, Recommendations and Comments Report, containing DCA objections, will be considered at this public hearing. Please, call Joseph W. McManus at this number (or suncom 921-6086) after March 20, 1992, if you want the item number. Sind 11 V Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 10973 Mr. Robert Pennock March 9, 1992 cc: Teresita L. Fernandez, Chief Hearing Boards Office Planning, Building and Zoning Department Joseph W. McManus, Assistant Director Planning, Building and Zoning Department Clark P. Turner, Planner Planning, Building and Zoning Department Robert Lavernia, Planner Planning, Building and Zoning Department Page 2 of 2 10973 �;t#a of �R-amt SERGIO RODRIGUEZ, AICP Director March 5, 1992 Mr. Servando M. Parapar, P.E. Director of Planning and Programs, District Six Office of Planning and Programs Florida Department of Transportation 602 South Miami Avenue Miami, Florida 33130 Re: City of Miami Proposed Amendment 91-8 (DCA NO. 92-S5), 2947-2949 SW 22nd Terrace. Dear Mr. Parapar: CESAR H. ODIO City Manager In response to your letter of January 14, 1992, a public hearing on the adoption of this Comprehensive Plan Amendment will be held before the Miami City Commission at City Hall, 3500 Pan American Drive, Dinner Key, as follows: At or after 5:00 p. m. Thursday, March 26, 1992 Please, call Joseph W. McManus at this number after March 20, 1992, if you want the item number. rely, Sergi Ro AICP m Dire for N n z� c c : Teres f ti--t. ftmaid0ii, Chief CD Hearing Boards Office O� -3 Planning, Building and Zoning Department .�. Joseph W. McManus, Assistant Director Planning, Building and Zoning Department Clark P. Turner, Planner I Planning, Building and Zoning Department Robert Lavernia, Planner Planning, Building and Zoning Department 10973 O Planning and Zoning Division / (305) 579-6066 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P.O. Box 330708 / Miami, Florida 33233-0708 �9q7-j49 sUv 0 a rr^ C � J - STATE OF FLORI DA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE • TALLAHASSEE, FLORIDA�32399-2100 LAWTON CHILES Governor February 18, 1992 The Honorable Xavier L. Suarez Mayor, City of Miami Miami City Hall Post Office Box 330708 Miami, Florida 33233-0708 Dear Mayor Suarez: WILLIAM E. SADOWSKI Secretary 1*7 J/.,23 %� The Department has completed its review of the proposed comprehensive plan amendment, DCA No. 92S5, (Miami Amendment No. 91-2) for the City of Miami, which was submitted on December 17, 1991. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code, Chapter 163, Part II, Florida Statutes, and the adopted City of Miami comprehensive plan. This letter and the enclosed agency comments constitute the Department's Objections, Recommendations and Comments Report, and are being issued pursuant to Rule 9J-11.010, Florida Administrative Code. The Department objects to the proposed amendment because the land use change is not supported by adequate data and analysis, including how the amendment is compatible with surrounding land uses. The proposed land use amendment will allow commercial development in an established duplex residential neighborhood. This is not consistent with the requirements of 9J-5.006(2), (3)(b)3., (3)(c)2., and (4)(a), F.A.C. Because the proposed land use is incompatible with the character of an existing neighborhood, the amendment does not adequately address and further State Comprehensive Plan Goal 16 (Land Use) and Policy 3. 10973 a� The Honorable Xavier L. Suarez February 18, 1992 Page Two The Department recommends that the amendment be revised to include an analysis of how the proposed development is consistent with the City's adopted objectives and policies encouraging the protection of residential neighborhoods. f Upon receipt of this report, the City of Miami has 60 days in which to adopt the proposed amendment, adopt the amendment with changes, or reject the amendment. The process for adoption of local comprehensive plan amendment is outlined in s.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within five working days of the date of adoption, the City of Miami must submit the following to the Department: Five copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance(s); A copy of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. As a deviation from the requirement above, you are requested to provide one of the five copies of the adopted amendment directly to the Executive Director of the South Florida Regional Planning Council. The regional planning councils have been asked to review adopted amendment to determine local comprehensive plan compliance with the Comprehensive Regional Policy Plan. Please forward these documents to the regional planning council concur- rent with your transmittal to the Department. Your cooperation in this matter is appreciated. ,I ;�, 10973 The Honorable Xavier L. Suarez February 18, 1992 Page Three If you have any questions, please contact Maria Abadal, Plan Review Administrator, Paul F. Noll, Community Program Administrator,. or Stephen Gavigan, Planner II at (904) 487-4545. t Sincerely, / 0, /� d., -, /' Robert Pennock,, Chief Bureau of Local Planning RP/ rm Enclosures: Review Agency Comments cc: Mr. Sergio Rodriguez, Assistant City Manager Ms. Carolyn Dekle, Executive Director, South Florida Regional Planning Council 10973 of Ern/IRl 4' Florida Department of Environmental Regulation Twin Towers Office Bldg. • 2600 Blair Scone Road • Tallahassee, Florida 32399-2400 Lawton Chiles, Governor Carol M. Browner, Secretary 10 February 1992 Mr. Robert Arredondo Community Program Administrator Department of Community Affairs Bureau of Local Planning 2740 Centerview Drive Tallahassee, Florida 32399 �N 1P �occ ��\�y�. Re: Proposed Comprehensive Plan Amendment for the City of Miami, Ref. #9255 Dear Mr. Arredondo: The Department of Environmental Regulation has reviewed the _amendment to the referenced comprehensive plan, under the procedures of Chapters 9J-11 and 9J-5, Florida Administrative Code. Our comments are provided to assist your agency in developing the State's response. If you have any questions about my response, please call me at 904/487-2231. DP:seg Attachment a � Sincerely, ADanenningto Office of Intergovernmental Programs 10973 Rrcrclr ;1 Poprr n.w ..0 Yn YM rw DEPARTMENT OF ENVIRONMENTAL REGULATION RESPONSE TO THE PROPOSED AMENDMENT TO THE CITY OF MIAMI COMPREHENSIVE PLAN, REF. #9255 concerning amendment #91-8, which request a change in land use on a .17-acre parcel from "Duplex -- Residential" to "Restricted -- Commerciale: Recommended Objection I. The proposed amendment is inconsistent with several policies in the Future Land Use Element because it represents an intrusion into an existing duplex residential neighborhood. Specifically, Policy 1.1.3 requires that all areas of the City be protected from encroachment of incompatible land uses, and Objective 1.3 requires that commercial development be encouraged within existing commercial areas. 9J-5.006(3)(c)2 2. There is no justification as to why an increase in commercial land is needed at this time. The analysis provided in the amendment package by the Planning, Building, and Zoning Department states that "at the present time, the commercial area north of the site has sufficient capacity to accommodate additional commercial uses". 9J-5. 006 (2) (c) Recommendation We concur with the local Planning, Building, and Zoning Department that this amendment should be denied. 109"73 as r\ � ` �ouh Florida Water Management District 3301 Gun Club Road • P.O. Box 24680 • West Palm Beach. FL 33416.4680 • (407) BM-8800 • FL WATS 1.800.432-2045 GOV 08-06 February 7, 1992 Mr. Robert Arredondo Bureau of Local Planning Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Dear Mr. Arredondo: Subject: Proposed Comprehensive Plan Amendment for the City of Miami, 92S5 Staff has reviewed the subject document and we have no water resource related comments. Please call us if you have any questions or require more information. Sincerely, David B. Thatcher, AICP Director Comprehensive Planning Division Planning Department DBT/PK/mm c. Mr. Bob Nave, DCA City of Miami SFRPC Julio Fanjul, SFWMD ovG; ✓ 2 10973 Go%-orning B kird Allan Milledge. Chairman - Miami \ alcric Boyd. Vice Chairman - Naples James E. Ball - Fort Lauderdale Leah G. Schad - West Palm Beach Annie Betancourt - Miami Frank Williamson. Jr - Okeecholxe Tilford C. Creel. Executive Director Thomas Mac%icar.rkput% Fx%cCuu\cf)irrct- South Florida Regional Planning Council February 5, 1992 William E. Sadowski, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 Dear Secretary Sadowski: Tile Suuth Florida Regional i iaitning Council has completed its review of the attached' proposed local government comprehensive plan amendments. Consistency is determined by ensuring local plan amendments are compatible with and further the Regional Plan for. South Florida. This review was undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The local government comprehensive plan amendments reviewed are from the following communities: • City of Miami 9 Z 55 • City of Hollywood/Broward County (Concurrent Submission) • City of Plantation This report constitutes official Council action taken at the February 3, 1992 meeting of the South Florida Regional Planning Council. Staff will continue to work with the Department, local governments and other reviewing agencies through the remainder of the review process and final adoption. In some cases reviewing agencies comments were not available at the time staff reports were prepared. Staff will make every effort to assist in resolving issues of concern which remain outstanding. Thank you for your continued support during this process. If you have any questions please call. Sincerely, Carolyn A. Dekle Executive Director CAD/`kc Enclosures cc: Robert Pennock /\\ 10973 3440 Hollywood Boulevard, Suite #140, Hollywood, Florida 33021 ^ Broward (305) 961-2999, Dade (305) 620-4266, FAX (305) 961-0322 QJ` % METROPOLITAN DADE G_ JNTY, FLORIDA ���� METRO DADE R, METRO-DADE CENTER PLANNING DEPARTMENT SUITE 1220 111 N.W. 1st STREET MIAMI, FLORIDA 33128.1972 (305) 375.2800 February 3, 1992 04032 Mr. Joseph W. McManus Assistant Director City of Miami Planning, Building and Zoning Department 275 N.W. 2 Street . Miami, FL 33128 Dear Joe: This Department has completed its review of your City's Comprehensive Plan amendment No. 91-8 (Department of Community Affairs (DCA) number 92SS). Enclosed for your information is a copy of our comments which have been submitted to DCA in accord with Chapters 9J-5 and 9J-11, Florida Administrative Code. Should you have any questions regarding our comments, please contact Mark R. Woerner, AICP, Section Supervisor, Metropolitan Planning Division at 375-2835. Since ely, Reginald R. Walters, AICP Director RRW:MRW:yf Enclosure y:89 a� 10,973 METROPOLITAN DADE COUNTY, FLORIDA AEA _- METRO DADE kw RI on METRO-DADE CENTER PLANNING DEPARTMENT SJITE 1220 111 N.W. 1st STREET MIAMI, FLORIDA 33128-1972 (305) 375-2800 February 3, 1992 Mr. Robert Arredondo Florida Department of Community Affairs Bureau of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 Subject: City of Miami Plan Amendment No. 91-8, DCA Ref. 92S5 Dear Mr. Arredondo: This Department has reviewed the above referenced City of Miami Comprehensive Neighborhood Plan (MCNP.) which you transmitted to us under cover memorandum dated December 6, 1991. We. -reviewed the proposed amendment primarily to identify points of consistency or inconsistency with provisions of Dade County's Comprehensive Development Master Plan (CDMP). The following comments are offered for your consideration. This amendment addresses a 0.17 acre parcel located on the north side of SW 22 Terrace between SW 29 and 31 Avenues, and requests a change on the City's Future Land Use Plan Map from "Duplex Residential" to "Restricted Commercial." The "Restricted Commercial" land use category allows residental uses to a maximum density equivalent to "High Density Multifamily Residential", any activity included in the "Office" designation, as well as commercial activities that generally serve the daily retailing needs of the public which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertain- ment facilities, private clubs, and recreation facilities. The adjoining lot north of the application site and others along the southern frontage of Coral Way (SW 22 Street) are designated "Restricted Commercial", while contiguous areas to the east, west, and south of the application site are designated "Duplex Residential." According to the information provided with the amendment application, this site is developed residentially. The zoning map provided with the application shows that four (4) lots adjoining the application site to the west are zoned C-1 (Restricted Commercial) and they appear to be used for parking for the businesses which front on Coral Way (SW 22 Street) although they are designated Duplex Residential on the Futhre Land Use Plan Map. This reveals an apparent inconsistency between the Mr. Robert Arredondo - 2 - February 3, 1992 Future Land Use Plan Map and the current zoning for these lots adjoining the application site. It should be noted that similarly situated lots on other blocks east and west of this application site on the north side of SW 22 Terrace have been redesignated on the City's Future Land Use Plan Map as "Restricted Commercial" which indicates the City's apparent policy regarding the future land use of similarly situated lots. The Metro -Dade County CDMP Land Use Plan Map designates the entire block depth between SW 22 Street and SW 22 Terrace in the vicinity of the application site as "Business and Office." The CDMP text on Page I-27 under "Roadway Strips" provides that the depth of commercial uses allowed along a roadway frontage shall be the norm for that particular roadway strip, but commercial use could be approved to such other depth as may be necessary to ensure compatibility with, and suitable transition to, adjacent uses. The following CDMP policy is also relevant: Land Use (LU) Policy 5C: Complementary, but potentially incompatible uses shall be permitted on sites within functional neighborhoods, communities or districts only where proper design solutions can and will be used to integrate the compatible and complementary elements and buffer any potentially incompatible elements. This Departmemt concludes that this amendment is not inconsistent with the policies of the Metro -Dade County CDMP and would not create any interjurisdictional land use conflicts, and would not significantly impair any public services provided by the County. Should you have any questions regarding our comments, please contact Mark R. Woerner, Section Supervisor, Metropolitan Planning Division at (305) 375-2835. Sinc rel , Reginald R. Wa Z4�� Directo RRW:MRW:ee 115e 36 10973 South Florida Regional Planning Council MEMORANDUM AGENDA ITEM #9a Date: FEBRUARY 3,1992 To: COUNCIL MEMBERS From: STAFF Subject: CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT REVIEW Introduction On December 24, 1991, staff received the proposed comprehensive plan amendment No. 91-8 (DCA No. 92S5) for the City of Miami transmitted from the Department of Community Affairs for review of consistency with the Regional Plan for South Florida. Staff review is undertaken pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part' II, Florida Statutes, and Rules 9J-5 and 9J-11, Florida Administrative Code. Summary of Staff Analysis Amendment No. 91-8 proposes to change to an area of 0.17 acres on the future land use map from "Duplex Residential" to "Restricted Commercial". The contents, location and analysis of the amendment are contained in Attachment 1. Amendment No. 91-8 qualifies as proposed small scale development activities pursuant to subsection 163.3187(1)(c), Florida Statutes. Because of the scale of this amendment, staff analysis finds that amendment No. 91-8 will not generate significant adverse regional impacts. However, local impacts still need to be considered and minimized before the adoption of the amendment, as well as during the subsequent development review processes. Staff will continue to work with local governments, the Department of Community Affairs, and other review agencies during the remainder of the amendment review and adoption process. Recommendation Find the proposed comprehensive plan amendment No. 91-8 (DCA No. 92S5) for the City of Miami generally consistent with the Regional Plan for South Florida. However, local impacts still need to be considered and minimzed before the adoption of the amendment, as well as during the subsequent development review processes. Approve this summary for transmittal to the Department of Community Affairs. 3440 Hollywood Boulevard, Suite 1#140, Hollywood, Fiorida 33021 Broward (305) 961-2999, Dade (305) 620-4266, FAX (305) 961-0322 10 9 7 3 31 Attachment 1 CITY OF MIAMI PROPOSED COMPREHENSIVE PLAN AMENDMENT RELATED TO SMALL SCALE DEVELOPMENT ACTIVITIES Amendment Date Received Number by SFRPC Contents of Amendments No. 91-8 12/24/91 Amendment to the future land use map for an area of 0.17 acres from "Duplex Residential' to "Restricted Commercial". The affected area is located in the block bounded by SW �.2nd Street (Coral Way) and 22nd Terrace, between SW 29th and 31st Avenue at approximately 2947-49 SW 22nd Terrace, in the Coconut Grove Planning District. Lots to the east and south are designated as "Duplex Residential', and to the north and west are designated as "Restricted Commercial'. Because of the scale of this amendment, staff analysis finds that the amendment will not generate significant adverse regional impacts. However, local impacts still need to be considered and minimized before the adoption of the amendment, as., ' well as during the subsequent development review processes. In particular, access to the subject site should be designed in the manner to minimize the impacts to the adjacent residential areas. ;L- 10973 FLORID uw OM CHILES GOVERMOR J' { -t ( T i w 7 0 — I C 1"t" ( I d . DEPARTMENT OF TRANSPORTATION BEM G. WATTS SECRETARY Rom• � i~� District Six Office of Planning and Programs 602 South Miami Avenue Miami, Florida 33130 (305) 377-5910 January 14, 1992 Mr, Joseph W. McManus Assistant Director, City of Miami Planning, Building and Zoning Department. 275 NW 2nd Street Miami, Florida 33128 Dear Mr. McManus: Please accept this letter as our official request for notification of the date, time, and place of the public hearing for the purpose of adopting your proposed comprehensive plan amendment (Reference # 91-8) which is to be held in accordance with ss. 163.3184(7) and (15), F.S. The Florida Department of Transportation recently reviewed your proposed comprehensive plan amendment with the intent of providing constructive guidance and assistance in addressing important transportation concerns. Our review, in compliance with state law, includes a detailed review of the consistency of your proposed amendment with Rule Chapter 9J-5 and the transportation provisions contained therein. Thank you in advance for the notification of the scheduled public hearing for adopting the local government comprehensive plan amendment. If we can be of assistance to you, please call us at the number listed above. Sincerely, Servando M. ara , P.E. Director of Planning and Programs, District Six SMP/gh 10973 33 FLORID IAIATOM CMILCS GOVERNOR District Six DEPARTMENT OF TRANSPORTATION BE" G. MATTS SECRETARY Office of Planning and Programs 602 South Miami Avenue Miami, Florida 33130 (305) 377-5910 Suncom 452-5900 t January 14, 1992 Mr. Robert Arredondo Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Arredondo: In accordance with your request, and the provisions of Chapter 163, Part II, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have completed a review of the City of Miami comprehensive plan amendments (Reference # 92S5) which were forwarded to our office on December 20, 1991. Please find enclosed the "External Agency Review" form which documents the District comments on these comprehensive plan amendments. I trust that this response will contribute to the formulation of your final report to this jurisdiction. Should you have any questions concerning our review please call the individual reviewer as noted on the form. Sincer y, Servando M par, P Director of Planning and Programs, District Six SMP\�h cc: Director, Office of Policy Planning �� \/ attachment n 7 V ,10973 FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF HISTORICAL RESOURCES R.A. Gray Building 500 South Bronough Tallahassee, Florida 32399-0250 Director's Office Telecopier Number (FAX) (904)488-1480 (904)488-3353 Mr. Robert Arredondo Dept. of Comm. Affrs. Bureau of Local Planning 2740 Centerview Dr. Tallahassee, FL 32399 January.7, 1992 Re: Historic Preservation Review of the City of Miami's (92S5) Comprehensive Plan Amendment Request Dear Mr. Arredondo: According to this agency's responsibilities under section 267.061, Florida Statutes, and the provisions of sections 163.3177 and 165.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code; we have reviewed this proposed amendment to the City of Miami Comprehensive Plan regarding land use changes to see if data regarding historic resources have been given sufficient consideration. The proposed change in land use designation of a property at 2947-49 S.W. 22nd Terrace, in the Coconut Grove Planning District, from Residential Duplex to Restricted Commercial needs to be checked to see if this property falls within an archaeological sensitivity zone. As for standing historic structures, our review of the Florida Site File and the Metro - Dade Historic Survey map revealed no historic buildings on this parcel 'In sum, it is opinion of this agency that the amended comprehensive plan meets the concerns of the Division of Historical Resources and the State of Florida's requirements as promulgated in Chapters 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C. C\'v 109'73 Z�g Museum of Florida History P-c arch Florida Folklife Procrams Historic Preservation Paae Two Mr. Robert Arredondo January 7, 1992 If you have any questions regarding our comments, please feel free to contact Michael Kisenbaker or Laura Kammerer of the Division's Compliance Review staff at (904) 487-2333. Jincerely, L 7�George W. Percy, Director mom Div. of Historical Resources c ,3� 10973 o�ca 1/7 s ' U 1A Rt��Jr Tom Gardne[ Executive Director FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjon. Stoneman Douglas Building 39M Commonwealth Boulevard Tallahassee, Florida 32399 January 6, 1992 Mr. Robert Arredondo Department of Community Affairs Bureau of Local Planning 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Arredondo: t Upton (noes; Governor Jim Smith Secretar% of State Bob Butterworth Attorney General Gerald Lewis State Comptroller Tom GA&gher State Treasurer Bob Crawford Commissioner of Agriculture Betty Castor fararmxsiatnr of Eduction r99Z Staff of the Department of Natural Resources have reviewed the proposed comprehensive plan amendment, reference number 9255, for the City of Miami and have no comments. Sincerely, wj on E. Duden Assistant Executive Director DEDfmpp 10973 37 Administration Reaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands EXTERNAL AGENCY RE, NrMNNT NAME OF AGENCY: Department of Transportation RESPONSIBLE DIVISION/BUREAU: District Six t NAME OF LOCAL GOVERNMENT: City of Miami DATE PLAN RECEIVED FROM DCA: December 24, 1991 REQUIRED RETURN DATE FOR COMMENTS: February 8, 1992 AME IDNIENT APPLICATION NO.: 92S5 [Florida Department of Community Affairs] 91-8 [City of Miami] ELEMENT: Land Use PAGE # n/a RULE DEFICIENCY - CITATION FOR OBJECTION: 9J-5.006(2)(a) 9J-5.007(2)(b) OBJECTIONS: The Department objects to Application 92S5. This application is requesting a change to a more intensive land use designation, i.e. a designation that would generate additional vehicle trips. The application has not addressed the need for new facilities or expansions to provide safe and efficient operating conditions on the roadway network based upon the proposed future land uses. Approval of this application would result in additional, unmitigated, impact on the State Highway System. RECOI\II\IENDATIONS: Application 92S5 should address the need for new facilities or expansions to provide safe and efficient operating conditions on the roadway network based upon the proposed future land uses, or the applications should be denied. COMMENTS: None. REVIEWED BY: George Hung REVIEWED BY: Phil Steinmiller PHONE: (305) 377-5910 PHONE: (305) 377-5910 10973 STATE DEPARTMENT OF w 2J a�• 2 OF F L O' R I -D-A . COMMUNITY AF'F-AIRS 2 7 4 0 C E N T E R V I E W D R I V E T A L L A H A 5 S E E, FLORIDA 3 2 3 9 9- 2 l 00 LAWTON CHILES Governor December 20, 1991 Mr. Sergio Rodriguez, Director Planning, Building & Zoning Dept. City of Miami 275 Northwest 2nd Street Miami, Florida 33128 Dear Mr. Rodriguez: WILLIAM E. SADOWSKI Secretary 03645 Thank you for submitting copies of -your proposed comprehensive plan amendment(s) for our review. We have conducted a preliminary inventory of the plan amendment package pursuant to Rule 9J-11.006, F.A.C., to verify the inclusion of all required materials. Our reference number for this amendment package is Miami 92S5 (your reference number 91-8). The submission package appears to be complete, and your proposed plan amendment will be reviewed in accordance with pro- cedures contained in Chapter 9J-11, F.A.C. Once the review is underway, you may be asked to provide additional supporting docu- mentation by the review team to ensure a thorough review. If you have any questions, please contact Paul Noll at (904) 487-4545. Sincerely, � Robert Pennock, Chief Bureau of Local Planning RP/per 109'73 EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT � MILTON M. FERRELL, JR, ALBERTO R. CARDENAS ALAN K. FERTEL ALICIA M. MORALES A. VICKY LEIVA GUY K. STEWART. JR. PETER S. KNEZEVICH GREGORY A. PREBISH LAW OFFICES FERRELL, CARDENAS, FERTEL & MORALES A PROFESSIONAL ASSOCIATION SUITE 1920, MIAMI CENTER 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORID,& 33im-2, ns The Honorable Xavier Suarez Mayor of City of Miami 3500 Pan American Drive Miami, Florida 32133 Dear Mayor Suarez: TELEPHONE (305) 371 8585 TELECOPIER (305) 371 5732 October 22, 1991 RE: City Commission Meeting October 24, 1991 PZ 1 This letter represents a request for a continuance of Item PZ No. 1 on the October 24th City Commission Agenda. Our firm was recently retained to represent the property owner, Messrs. Raul and Luis Galindo on this matter. As you know, Mr. Cardenas has appeared before you many times on land use and zoning amendments regarding S.W. 22nd Terrace property. He is aware that these cases require lengthy preparation and usually a series of meetings with the neighbors and staff. As a result, a letter dated September 27th was mailed to Ms. Gloria Fox requesting a continuance of this case. On October 17th, we received the actual Notice of Hearing for October 24th. Unfortunately, I cannot appear before the City Commission for approximately another year, and Mr. Cardenas the only other administrative zoning attorney in the firm is involved as a corporate sponsor of a charitable event which precludes his availability on that day. Once again we have communicated with City Administration and it has been represented to us that the City does not oppose the continuance of this matter. As of the writing of this letter, a review of the City's public record on this case shows that no written opposition has been received regarding the hearing scheduled for October 24th. However, as a courtesy to those neighbors who have filed their written opposition at previous board hearings, we have sent notice to these individuals of our request for a continuance on this matter (see attached). /-/0 10973 The Honorable Xavier Suarez October 22, 1991 Page 2 We respectfully request that PZ1 be continued to the next City Commission meeting scheduled for November 14, 1991. Sincerely, A. Vicky<Le-v AVL:sr cc: Vice Mayor J.L. Plummer Commissioner Miriam Alonso Commissioner Miller Dawkins Commissioner Victor De Yurre Alberto R. Cardenas, Esq. Mr. Luis Galindo Mr. Sergio Rodriguez, Assistant City Mr. Guillermo Olmedillo G. Miriam Maer, Chief Assistant City Gloria Fox, Clerk of the Boards Aurelio Perez Lugones, Agenda Office Manager Attorney 109'73 FERRELL. CARDENAS, FERTEL d MORALES, A PROFESSIONAL ASSOCIATION SUITE 1920, MIAMI CENTER, 201 S. BISCAYNE BOULEVARD, MIAMI. FLORIDA 33131-2305. TEL (305) 371-85a5 MILTON M. FERRELL. JR. ALBERTO R. CARDENAS ALAN K. FERTEL ALICIA M. MORALES A. VICKY LEIVA GUY K. STEWART, JR. PETER S KNEZEVICH GREGORY A. PREBISH LAW OFFICES FERnE ,L, CAgDENAs, FEETEL & MORAIJES A PROFESSIONAL ASSOCIATION SUITE 1920, MIAMI CENTER 201 SOUTH BISCAYNE BOULEVARD MLAMr, FLORMA 33131-23013 Albert & Theresa Gregalat 2950 SW 22nd Terrace Miami, FL 33145 Elizabeth Fleming 3000 SW 22nd Terrace Miami, FL 33145 Brian Lazar 1951 SW 23rd Street Miami, FL 33145 Dear Neighbors: TELEPHONE (305) 371 6585 October 22, 1991 TELECOPIER (305) 371 5732 Jose Rodriguez 2940 SW 22nd Terrace Miami, FL 33145 Jose Fernandez 2936 SW 22nd Terrace Miami, FL 33145 John Gregalat 2962 SW 22nd Terrace Miami, FL 33145 ' Our law firm has been retained to represent Raul and Luis Galindo, owners of the property at 2947-49 SW 22nd Terrace, Miami. As you are aware, this matter has been scheduled for the City Commission meeting of Thursday, October 24th at 4:00 PM. Our firm did not represent the Galindos at previous meetings of the Planning Advisory Board and the Zoning Board of the City of Miami. As a result, we have not had an opportunity to meet with you and discuss your concerns regarding the application. We feel that your concerns are essential in the preparation of this case. For these and other reasons, we are requesting the City Commission to continue this matter until the November 14th meeting. As you will see from the heading of this letter, I have included all the names of neighbors who have appeared on the records at previous hearings and have voiced their concern or opposition to this application. I will be very happy to meet with each one of you individually or, if you would prefer, to have a joint meeting with all of you, at a time and place which is convenient to everyone. Please call me so that we can arrange for an opportunity to discuss this matter. Sincerel A. VICKY VA AC/ef 10973 cc: Mayor and Commissioners, City of Miami Gloria Fox, Clerk of the Board Ai Cardenas, Esq. LAW OFFICES FERBELL, CARDENAS, FERT.EL & MoaALEs MILTON M. FERRELL. JR. ALBERTO R. CARDENAS ALAN K. FERTEL ALICIA M. MORALES A, VICKY LEIVA GUY K. STEWART. JR. PETER S. KNEZEVICH GREGORY A. PRES15H Ms. Gloria Fox Clerk of the Boards The City of Miami 275 N.W. 2nd Street Miami, Florida 33128 Dear Gloria: A PROFESSIONAL ASSOCIATION SUITE 1920. MIAMI CENTER 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA, 33131-2005 TELEPHONE (305) 371•8585 TELECOPIER (305) 371. 5732 September 27, 1991 Our f irm has been retained this week to represent Luis and Raul Galindo, owners of the property located at 2947-49 S.W. 22nd Terrace. This property is the subject matter of an application for a Comprehensive Master Plan Amendment scheduled for City Commission action during the month of October. This letter is a formal request to have the matter continued to the second City of Miami Commission meeting of the month of November. This request is made in order to allow time for the preparation required by the case, as well as to deal with other pending matters on the property. I am available to meet with you at your convenience. Regards, WVicky A eiva AVL:sr cc: Alberto R. Cardenas, Esq. Guillermo Olmedillo, Director Planning, Building and Zoning Pablo Canton, Code Enforcement /43 10973 LAW OFFICES FFRRELL, CARDENAS, FERTEL & MORALES A PROFESSIONAL ASSOCIATION SUITE 1920, MIAMI CENTER MILTON M. FERRELL, JR. ALBERTO R. CARDENAS ALAN K. FERTEL ALICIA M, MORALES A. VICKY LEIVA GUY K. STEWART, JR. PETER S. KNEZEVICH GREGORY A. PREBISH Mr. Sergio Rodriguez Assistant City Manager City of Miami 350 Pan American Drive Miami, Florida 33133 Dear Sergio: 201 SOUTH BISCAYNE BOULEVARD 1111f1G1, FLoRmA 33131-2305 TELEPHONE (305) 371.8585 TELECOPIER (305) 371-5732 September 26, 1991 RE: Code Enforcement Case # 91-135 2947-49 S.W.'22nd Terrace Our firm represents Raul and Luis Galindo regarding their property located at 2947-49 S.W. 22nd Terrace. Alleged violations at this property were heard by the Code Enforcement Board on May 8th, 1991; the findings of the Board required a compliance date of August 8th, 1991. On June 5, 1991, Attorney Carlos Lopez-Aguiar filed the appropriate application for a Comprehensive Master Plan Amendment in order to commence the process required for the legalization of use for this property. Technically, at this date, the property comes into compliance with the mandate of the Code Enforcement Board by the affirmative action of the property owner in utilizing one of the procedural remedies available to bring the property into compliance. However, since this filing for procedural remedy was not communicated in a timely manner to the Code Enforcement Division, an affidavit of non-compliance was subsequently issued by the Code Enforcement inspector on August 8, 1991. I would respectfully request at this time that such an affidavit be voided along with any fines which may have resulted; and an affidavit of compliance be filed consistent with the filing date for procedural remedy of June 5th, 1991. _10973 September 27, Letter to Mr. Page 2 1991 Sergio Rodriguez If you wish to discuss this matter further, I am available to meet with you at your convenience. Regards, rA. Vic y Leiva AVL:sr cc: Alberto R. Cardenas, Esq. Luis Galindo Guillermo Olmedillo Sanitago Jorge -Ventura Joe Genuordi Pablo Canton Gloria Fox 4/S 10973 Cammfsslonor riurmoci You're winning. Com"i ssioner Do Yurre: Mr. Mayor, why don't we make it uniform with Mambi? Mayor Suarez: Now big is Radio Mambi? Commissioner De Yurre: whatever they have. Mr. Cardenas: Six foot wall. Commtssioner Oe Yurre: Just keep the continuity of that. Commissioner Plummer: They want maximum height, I think we should afford them that protection. If it's eight foot, so be it, eight foot. It's another two blocks. Mr. Cardenas; Well we don't mind it. I am just saying every thing else has been six foot. Commissioner Plummer: Fine, Mayor Suarez: Good, because that's the motion. Anything further? We have a motion and a second. If not, please read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22NO TERRACE, MIAMI. FLORIDA MORE PARTICULARLY DESCRIBED HEREIN). BY CHANGINr THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX 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. MOTION NO. 91-917.1 A MOTION GRATEfULLY ACCEPTING A VOLUNTARY COVENANT PROFFERED BY LUIS AND RAUL GALINDO. THE OWNERS OF THE PROPERTY AT 2947-2949 S.W. 22 TERRACE, WHEREBY SAID PARTIES OFFER THE FOLLOWING: 1) TO BUILD A WALL, HAVING THE MAXIMUM HEIGHT ALLOWED, FACING S.W. 22 TERRACE, WITH PROPER LANDSCAPING APPROVEO BY THE CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT. TEN FEET FROM THE RESIDENTIAL PROPERTY LINE, BUILT WITHIN 90 DAYS FROM THE APPROVAL OF COMMERCIAL ZONING; 109'73 283 December S, 1991 S� - ------------ r•1 1_ 1 t A t t? 4 2) TO AGREE THAT NO DEMOLITION OR BUILDING PERMIT OF ANY KIND WILL BE ISSUED FOR THE PROPERTY UNTIL THE WALL 15 ERECTED: 3) TO POST A $5,000 CASH BOND FOR A PERIOD OF NO LESS THAN FIVE YEARS TO MAINTAIN THE LANDSCAPING IN PROPER CONDITION; 4) TO HAVE NO INGRESS OR EGRESS FROM S.W. 22 TERRACE; 5) TO KEEP A ONE FOOT RESIDENTIAL ZONING ABUTTING S.W. 22 TERRACE TO PROTECT THE RESIDENTIAL CHARACTER Of THE AREA. Was introduced by Commissioner Plummer and seconded by Vice Mayor Alonso and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J.L. Plummer, Jr. Vice Mayor Miriam Alonso Mayor Xavier L. Suarez NOESs None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the -members of the City Commission and to the public. 73. FIRST READING ORDINANCE: AMEND 11000 ATLAS - CHANGE DESIGNATION AT 2947-2949 S.W. 22 TERRACE FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, WITH PROVISOS (Applicant: Luis 3 Raul Galindo). ----------------------------------------- •---------------------------- ---- Mayor Suarez: PZ-2, Companion item. Vice Mayor Alonso: So moved. Commissioner Plummer: Sec9nd, Mayor Suarez: Moved and second with the same restrictions provision. Commissioner Plummer: I'm not in conflict of interest because I eat there all the time, am I7 Mr. Rodriguez: If you paid. Commissioner Plummer: I pay every time. Mayor Suarez: Read the Ordinance. Call the roll. 10973 284 December 5, 1991 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbsyre, who on oath says that she Is the Super• visor of Legal Advertising of the 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 CI`I°Y OF MIAMI ORDINANCE No. 10973 (SEE ATTACHED) x x x Inthe ......................................... Court, was published In said newspaper in the Issues of May 7, 1992 Affiant further says that the sold Miami 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) end has been entered as second class mall matter at the post office In Miami In sold Dade County, Florida, for a period of one year next preceding the first publication of the attacWd*lu vertisement; and afflant further says that she hasd r promised any person,�n or corporation anyreb e, commission or 04 r—th9 purpose of s rflasment for aaEWA7Ud1VAP11t_+A'd N6--,L • stscribed before me this 7t1' Z444 92 ....... day of ...�;SR........, A.D. 19....... ................... •OFFIC AL (SEAL) GRIST EXPN �L 5/. MA my CO. Octelms V. Ferbeyre personally known to me. "^C Ig CITY OF MIAMI, FLORIDA LaaAL NOTICE All interested persons will take notice that on the 30th day;of April, INN the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO.1090 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989,2000, FOR THE PROPERTY -LOCATED AT APPROXI- MATELY 351 NORTHWEST 5TH STREET, MIAMI, FLOR- IDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION OF THE SUB- JECT PROPERTY FROM HIGH DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. -ORDINANCE NO.10070 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF -THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R4 MULTMFAMtLY HIGH DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT 351 NORTHWEST 5 STREET, MIAMI, FLOR- IDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.' ORDINANCE No. loon AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 4370.48W NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN),'BY CHANGING THE LAND USE DESIGNATION OF THE SUBJECT PROPERTY FROM MEDIUM -DENSITY MULTI -FAMILY RESIDENTIAL TO OFFICE; -BY 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 EFFECTIVEDATE: - ORDINANCE NO.10977 AN ORDINANCE AMENDING THE. ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING. ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY. 4370.4850 NORTHWEST 7TH STREET, (SOUTH SIDE ONLY), MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), FiDWfh4MEnwil DENSITY MULTIFAMILY RESIDENTIAL TO OFFICE; BY MAKING FINDINGS;.BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND 1PA0VIDIM0,AN EFFECTIVE'DATE ORDINANCE NO.1097E AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE' NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED AT APPROXI- MATELY 2947-2949 SOUTHWEST 22NDTERRACE,' MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION, OF THE SUBJECT PROPERTY FROM DUPLEX RESIDENTIAL' TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS ORDINANCE TO *FECTED AGENCIES: CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE: AND PROVING FOR AN EFFECTIVE DATE. ORDINANCE No.10974 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 11000. -AS AMENDED THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COM- MERCIAL FOR THE PROPERTY LOCATED AT 2947-49 SOUTHWEST 22NO TERRACE, MIAMF, FLORIDA,.(MORE PARTICULARLY DESCRIBED HEREIN), AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.`42. OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE - ORDINANCE 160.10975 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESI- DENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED'AT 2340 SOUTHWEST 32140 AVENUE, 3VA AND 3232 SOUTHWEST 23RD StAEtT, 3217 AND 3219=1 SOUTHWEST 23RD ' �T RRAC�`,S_,�,�,�M'�'�IA 1, FLORI PAftTtCULARLY 7 &W.,M] - ALL THE NEC• ESSAflY,ttdf: k►, SAID ZONING ATLAS; CONTAINING A REPEALERlAtOVtSION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10976 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO: 11000, AS AMENDED; THE ZONING ORDINANCE OF THE GTY OF MIANIM, FLORIDA, BY AMENDING ARTICLE ' 4, ZONING DISTRICTS, SECTION 401, SCHEDULE OF DIS- TRICT REGULATIONS TO'ADD, CLARIFY, OR DELETE CERTAIN USES IN SEVERAL DISTRICTS, TO AMEND SET- BACK REQUIREMENTS, MINIMUM LOT WIDTHS AND MINIMUM LOT SIZES FOR THE INDUSTRIALDISTIRICT, AND PARKING REGULATIONS FOR LODGINGS; ARTICLE 9, SECTION 906.9 TO CORRECT A TYPOGRAPHICAL ERROR; SE,CTNON .908.8.1 TO ALLOW BARBED ,WIRE ALONG"TOPS OF FENCES WITH- A CLASS'11 SPIt%$L PERMIT; SECTION 908:9:TO ADD WIDTH REQUIRF-WNTS AND LIMITATIONS FOR WATERFRONT'YARD` AREAS - SECTION 915.3 TO ADD HEIGHT RECOREMIiirT' FOR BROADCASTING TOWERS; SECTION 917.1` TO'PROHIBIT VEHfCULAR ACCESS FOR NONRESIDENTIAL USES T14ROUG14 RES DENTIAL•PROPERTIES; SECTION 925.3.9 TO ADD PROVISION FOR BALLOON SIGNS ASSOCIATED' WITH SPECIAL EVENTS; ARTICLE 13, SECTIONS 1301.2, 1304.2 AND 1305 TO CLARIFY VAGUE LANGUAGE; AM CLE 17, SECTION 1701 TO CLARIFY CRITERIA FOR A PHASED MAJOR USE SPECIAL PERMIT; SECTION 1702.3 TO CLARIFY VAGUE LANGUAGE; ARTICLE 25, SECTION 2502 TO ADD DEFINITIONS FOR AUTO CARE SERVICE CENTERS, BANQUET HALLS, PHASED PROJECTS, AND VETERINARY CLINICS; AND TO CLARIFY DEFINITIONS FOR ANIMAL CLINICS, LOTS, AND YARDS, OTHER YARDS ADJACENT TO STREETS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.10077 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE- NO.11000, AS AMENDED, THE ZONING ORDINANCEOF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, ZONING DISTRICTS, SECTIONS 601, DS-1 MARTIN' LUTHER KING BOULEVARD COMMERCIAL DISTRICT, TO ADD REFERENCES TO C-1; SECTION 605, DS-5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL -DISTRICT, SUBSECTION 605.1, TO CLARIFY THE INTENT STATEMENT, SUBSECTION 605.3, TO CLARIFY LAME GUAGE, SUBSECTION 605.4, TO ADD AND CLA!911" PERMITTED AND CONDITIONAL PRINCIPAL USES` AND REQUIREMENTS, SUBSECTION 605.5, ACCESSORY USES AND STRUCTURES, TO CLARIFY LANGUAGE, SUBSEC TION 605.8., TO DELETE REFERENCES TO URBAN PLAZAS AND SO-6 CLARIFY LANGUAGE; SECTION WS, SO AND SD-6.1 CENTRAL COMMERCIAL RESIDENTIAL DIS- TRICTS, SUBSECTION 606.1, INTENT TO CLARIFY LAN- GUAGE, SUBSECTION 806.7., FLOOR AREA LIMITATIONS, TO CLARIFY LANGUAGE, SUBSECTION 606.11, TO CLAR- IFY LANGUAGE REGARDING OPEN SPACE REQUIRE- MENTS; SECTION 607, SO-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT, SUBSECTION 607.01, INTENT, TO CLARIFY LANGUAGE, SUBSECTION 607.3 TO CLARIFY LANGUAGE, SUBSEC- TION 607.4., TO ADD, CLARIFY AND DELETE USES SPE- CIFIC USES, SUBSECTION 607.8.3., TO DELETE REFERENCES TO URBAN PLAZAS AND CLARIFY>SPE CIAL REQUIREMENTS FOR THEATERS; SECTION 6t3, SD-13 S.W. 27TH AVENUE GATEWAY DISTRICT, NEW SUB-: SECTION 613.5., TO ADD PERMITTED AND CONDITIONAL ACCESSORY USES AS FOR R-1; SECTION 614, SD-13 S.W. 27TH AVENUE GATEWAY DISTRICT, NEW SUBSECTION 613.5., TO ADD PERMITTED AND CONDITIONAL ACCES- SORY USES ASFOR R-1; SECTION 614, SD-14, 14.1, 14.2-. LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RES- IDENTIAL DISTRICTS, SUBSECTION 614.3.2, TO DELETE VAGUE LANGUAGE AND SUBSECTION 614.3.8., TO ADD PROVISIONS FOR GROUND OR FREE STANDING GAS STATION SIGNS; SECTION 616, SD•16, 16.1, 16.2 SOUTH- EAST OVERTOWN-PARK WEST COMMERCIAL - RESIDENTIAL DISTRICTS, TO ADD CHILD AND ADULT DAYCARE CENTERS; AND SECTION 818, SD -la- MINIMUM LOT SIZE DISTRICT, TO CLARIFY NAMt AND OVERLAY STATUS OF DISTRICT. ORDINANCE NO.10978 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD` PLAN 1989-2000, FOR THE PROPERTY BEHIND APPROXI- MATELY 59184= NORTHEAST 2ND AVENUE, MIAMI, FLORIDA-(MORE-PARTICULARLY DESCRIBED"FREIN) BY CHANGING THE LAND IISE` oases iAftwF THE SUBJECT PROPERTY FROM MEDIUM DENSITY MULTIFAMILY 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. ORDINANCE NO.10979 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MUTLMFAMILY RESIDENTIAL TO G1 RESTRICTED COM- MERCIAL, FOR THE PROPERTY LOCATED AT 5916-22 NORTHEAST 2 AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAILING ALL THE NECESSARY CHANGES ON PAGE NO. 13 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10NO AN EMERGENCY ,ORDINANCE AMENDING SECTION 62-61, ENTITLED "SCHEDULE OF FEES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADD A MAXIMUM FEE -FOR THE RESUBMITTAL'OF APPLICATIONS FOR VACATION, OF PUBLIC RIGHT-OF- WAY; AND TO DELETE THE PROVISION LIMITING THE MAXIMUM, FEE, TO SE.CHARGED ANY GOVERNMENTAL AGENCY OTHER THAN THE CITY OF MIAMI FOR ANY PUBLIC HEARING; CONTAINING A REPEALER - PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10081 AN EMERGENCY ORDINANCE AMENDING CHAPTER 54.5 OF THE COOE OF THE CITY OF-MIAMI, FLORIDA, AS AMENDED, E}iTRLED "SUBDIVISION REGULATIONS", BY AMENOtNO-SECTION'54.5-7 ENTITLED "'SAME- PROCEOUR64CONFERENCE AND TENTATIVE PLAT-, BY PROVIDING AN EXEMPTION TO GOVERNMENTAL ENTI- ,timmIOA F-i16JNtTmF-ON#YURT P#A".. REQUIRED TO OBTAIN FINAL PLAT APPROVAL BY THE CITYCOMMISSION AFTER APPROVAL OF THE TENTA- TIVE. PLAT BY THE PLAT AND STREET COMMITTEE; AMENDING SECTION _54.5.13 ENTITLED "REQUIRED . IMPROVEMENTS", BT PROVIDING A WAIVER OF THE BOND REQUIREMENT FOR THE REQUIRED IMPROVE- MENTS FOR GOVERNMENTAL ENTRIES AND AGENCIES, PROVIDING FOR AN EFECTIVE DATE; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 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 8.00 am. and 5:00 p.m. MATTY HIRAI `TY CITY CLERK MIAMI, FLORIDA (0468), 5f7 92-4-OW718M