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
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lift
C-a
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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.
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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