HomeMy WebLinkAboutO-10827J-90-385
1/18/91 10827
ORDINANCE N0.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
OF ORDINANCE NO. 10544, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000,
FOR THE BLOCK BOUNDED BY SOUTHWEST 8TH STREET
AND A LINE 20 FEET SOUTH OF AND PARALLEL TO
THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST 7TH
STREET, BETWEEN SOUTHWEST 42ND AVENUE AND
SOUTHWEST 43RD AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING
THE DESIGNATION OF THE SUBJECT PROPERTY FROM
SINGLE FAMILY RESIDENTIAL AND RESTRICTED
COMMERCIAL TO GENERAL COMMERCIAL; MAKING
FINDINGS; INSTRUCTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of May 16, 1990, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 31-90, by a 5 to 2 vote, RECOMMENDING
APPROVAL of an amendment to the Future Land Use Map of Ordinance
No. 10544, as amended, the Miami Comprehensive Neighborhood Plan
1989-2000, as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this Comprehensive Plan change as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Future Land Use Map of Ordinance No. 10544,
as amended, the Miami Comprehensive Neighborhood Plan 1989-2000,
is hereby amended by changing the designation, from Single Family
Residential and Restricted Commercial to General Commercial, for
the block bounded by Southwest 8th Street and a line 20 feet
South of and parallel to the South right-of-way of Southwest 7th
Street, between Southwest 42nd Avenue (Southwest LeJeune Road)
and Southwest 43rd Avenue, Miami, Florida, and more particularly
described as Lots 1 through 38 less the North 20 feet of Lots 25-
34, and 38, Block 3, TRAJUNE PARK, according to the plat thereof,
10827
as recorded in Plat Book 14 of Page 12 of the Public Records of
Dade County, Florida.
Section 2. It is hereby found that this Comprehensive Plan
designation change:
a. is necessary due to changed or changing
conditions;
b. involves a residential land use of 5 acres or less
and a density of 5 units per acre or less or
involves other land use categories, singularly or
in combination with residential use, of 3 acres or
less and does not, in combination with other
changes during the last year, produce a cumulative
effect of having changed more than 30 acres;
C. is one which involves property that has not been
the specific subject of a Comprehensive Plan
change within the last year; and
d. is one which does not involve the same owner's
property within 200 feet of property that has been
the subject of a Comprehensive Plan change within
the last year..
Section 3. The City Clerk is hereby directed to transmit a
copy of this Ordinance immediately upon approval of first reading
to Thomas Pelham, Secretary, Florida Department of Community
Affairs, 2740 Centerview Drive, Tallahassee, Florida 32399-2100,
for 90 day review and comment.
Section 4. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 5. If any section, part of this section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance shall become effective forty-five
(45) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day
of June , 1990.
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1082 7
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 24th day of January , 1991.
ATT
&* -
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
,J0% E. MAXWELL
CH EF ASSISTANT/CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS: P
1,
4jOGE L. ERNANDEZ
CITY ATT NEY
JEM/db/M633
-3- 10827
_l
ITf �tiixTit
t CESAR H. ODIO
I'C4ii Isms » City Manager
� O
Cu.. V %
Mr. B. Jack Osterholt, Executive Director
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite #140
Hollywood, FL 33021
Re: Second Transmittal of Amendment Application No. 90-5, to
the Miami Comprehensive Neighborhood Plan 1989-2000.
Dear Mr. Osterholt:
The City of Miami., on January 24, 1991, adopted Ordinance 10827 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 10827 as
adopted, (Attachment 90-5-2 A);
One (1) copy (for reference purposes only) of the support documents
on which recommendations are based, (PZ-1, City Commission Meeting
of January 24, 1991) (Attachment 90-5-2 B);
If, in the 45 days review process, there are points that need clarification,
you may contact Joseph McManus at (305) 579-6086.
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
Sincerely,
4
Sergio odrig'i. , "P
Planni#g Department
Attachments
cc: Matty Hirai, City Clerk
(letter only)
Guillermo E. Olmedillo, Deputy Director
(letter only)
Planning, Building and Zoning Department
Joseph W. McManus, Assistant Director
(letter only)
Planning, Building -and Zoning Department
Elbert L. Waters, Assistant Director
(letter only)
Planning, Building and Zoning Department
Clark P. Turner, Planner
(letter only)
General Planning
Robert Lavernia
(letter only)
Zoning Code Administration
Doc:[robert]<robert>transm/90-5
Page 2 of 2
1Vf �Htarai*'
.0 OF f/
CESAR H. ODIO
mw 6"11 " City Manager
AI
' Mr. Ralph Hook, Ccnmunity Programs Administrator
Florida Department of Community Affairs (DCA)
D' f R Plan"" and Mana nt
ivision o esource g game
Bureau of Local Planning
2740 Centerview Drive
Tallahassee, FL 32399-2100
Re: Second Transmittal of Amendment Application No. 90-5, to
the Miami Comprehensive Neighborhood Plan 1989-2000.
Dear Mr. Hook:
The City of Miami, on January 24, 1991, adopted Ordinance 10827 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 10827 as
adopted, (Attachment 90-5-2 A);
- One (1) copy of the support documents on which recommendations are
based, (PZ-1, City Commission Meeting of January 24, 1991)
(Attachment 90-5-2 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.
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
If, in the 45 days review process, there are points that need clarification,
you may contact Joseph McManus at (305) 579-6086.
Sincerely,
Sergi Rodriguez, Directo
P1 g Departrnent
SR/rl
Attachments
cc: Matty-Hirai, City Clerk
(letter only)
Guillermo E. Olmedillo, Deputy Director
(letter only)
Planning, Building and Zoning Department
Joseph W. McManus, Assistant Director
(letter only)
Planning, Building and Zoning Department
Elbert L. Waters, Assistant Director
(letter only)
Planning, Building and Zoning Department
Clark P. Turner, Planner
(letter only)
General Planning
Robert Lavernia
(letter only)
Zoning Code Administration
Doc:[robert]<robert>transm/90-5
Page 2 of 2
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 CENTERVIEW DRIVE • T A L L A H A S S E E, FLORIDA 3 2 3 9 9- 2 1 00
Lawton Chiles
Governor
January 23, 1991
THOMAS G. PELHAM
Secretary
The Honorable Xavier L. Suarez
Mayor of Miami
City of Miami
3500 Pan American Drive
Miami, Florida 33233-0708
Dear Mayor Suarez:
In response to your request of January 9, 1991, the
Department of Community Affairs will send a representative to
participate in the January 24, 1991 public hearing to adopt
the proposed City of Miami comprehensive plan amendments
(DCA No. 90-2).
The Department's representative is authorized to restate our
position as expressed in the Department's December 15, 1990
Objections, Recommendations and Comments Report, and to .listen to
all parties. It is the Department's position that the adoption
public hearing is not the proper forum for modifying the Depart-
ment's position or approving proposed revisions to the comprehen-
sive plan. The Department's representative will be without
authority to modify the Department's position or approve pro-
posals discussed at the public hearing. The Department's repre-
sentative will be authorized, however, to comment on proposals to
resolve objections included in the report. Final approval of any
proposal may only be granted by the Secretary of the Department
of Community Affairs.
ite_6/ .
m�� / 0�-1��.Z9
IiJ!'aRy Hirai
Cit� Clerk
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
10827
The Honorable Xavier L. Suarez
January 23, 1991
Page Two
.The Department's role with respect to approving proposed
revisions will begin upon adoption and submittal of the compre-
hensive plan amendment, pursuant to Chapter 9J-11.011, Florida
Administrative Code. If I may be of further assistance in this
matter, please contact me or Maria Abadal, Plan Review Administra-
tor at (904) 487-4545.
Sincerely,
Robert Pennock, Chief
Bureau of Local Planning
RP/pnp
i tezr L,/ c, 1
1117C,,Lk 1Z;TQI
City Clerk
tO827
-.
(R. IOAV)
V. 4, p. 1006-1 G R EHENSWE PLANS & AMENDNIF.NTS 9J-11.004
CHAPTER 9J-11
9J-11.002 Definitions. As used in this Chapter,
PROCEDURE RULE FOR REVIEW OF
the terms defined in Section 163.3164, Florida
LOCAL GOVERNMENT COMPREHENSWE
Statutes, shall have the meanings provided in that
PLANS AND AMENDM(EN S
Section. Also, as used in this Chapter.
(1) "Affected person" meats as it is defined in
9J-11.001 Purpose.
Section 163.3184(1)(a), Florida Statutes;
9J-11.002 Definitions.
(2) "Amendment" means any change to an
9J-11.004 Submittal Requirements for
adopted comprehensive plan except corrections,
Proposed Local Government
updates and modifications of the capital
Comprehensive Planm
improvements element conom wing costs, revenue
9J-11.006 Submittal Requirements for
sources, acceptance of facilities or facility
Proposed Local Government
construction dates consistent with the plan as
Comprehensive Plan
provided in Subsection 163.3177(3)(b), Florida
Amendments.
Statutes, and corrections, updates or modifications
9J-11.008 Anion upon Receipt of Proposed
of current costs in other elements, as provided in
I'ocal Government
Section 163.3187(2), Florida Statutes;
Comprehensive Plan or Plan
(3) "Comment" means a statement of
Amendment.
professional opinion regarding the adequacy of an
9J-11.009 Action When Local Government
element or portion of a comprehensive plan or plan
Comprehensive Plan is Not
amendment;
Submitted as Scheduled in
(4) "County land planning agency" means the
Chapter 9J-12, F. A. G.
agency designated to prepare the comprehensive
9J-11.010 Proposed Local Government
'
plan for the county or in the can of dume+ed
Comprehensive Plan or Proposed
counties, the agency which has the planning
Amendment Review.
responsibility between the county and the
9J.11.011 Local Government Adoption of the
municipalities as stipulated in the charter;
Comprehensive Plan or Plan
(5) "Department" means .the Florida
Amendment and Submittal for the
Department of Community Affairs;
Com9J-11.012 Compliance Review. liance Review and Notice of
(6) "Objection" means a statement which
identifies a portion of a comprehensive plan or plan
Intent
amendment that is not consistent with one or more
9-11.014 Interim Review Procedures
provisions of Sections 1e 1
9J-11.016 Semiannual Report -- Small Scale
comprehensive
state o
163.3191, Florida Statutes, the state compreheruive
Development Amendments.
per'' the appropriate comprehensive regional
Ice BeFerenoex DeGrvre and Stroud New
y
policy plan, or Chapter 9J-5, Florida
Developments and Future Trends in Loral Government
Administrative Code;
Comprehensive PLnniM 17 Stetson L. Rev. 573
(7) "Recommendation" means a statement
(Summer 1988).
which proposes a possible modifications) to a
9J-11.001 Purpose. This Chapter establishes
comprehensive plan or plan amendment that would
procedures for submission and processing of local
bring the applicable portion of the plan or plan
comprehensive plans and plan amentimenhs
asnencin ent into compliance;
pursuant to, the Local Government Comprehensive
(8) "Small stale development amendment"
-Planning and Land Development Regulation Act,
means those amendments which meet the
Chapter 163, Part It, Florida Statutes, and
requirements of Section 163.3187(1)(c), Florida
Chapters 9J-5 and 9J-12, Florida Administrative
Statutes; and
Code. It specifies the documents and information to
(9) "Support documents" means any surveys,
be submitted for review, it specifies Department
studies, inventory maps, data, inventories, listings
action upon receipt of submittals, action when a
or analyses used as bases for or in developing the
C�
plan or element is not submitted, describes the
local comprehensive plan or plan amendment.
-+
procedures for the review, and sets forth procedures
Specific Authority 120.S3(tXb), 163.3177(9) FS. Law
for the issuance of a notice of intent. For that period
Implemented 163.3177(9), 163,3164, 163.3187 FS.
p,
of time before the comprehensive plan is due
Hiuory—New 9-22-87.
pursuant to Chapter 9J-12, Florida Administrative
9J-11.004 Submittal Requirements for
Code, the rule provides for an interim review
Proposed Local Government Comprehensive
O
procedure which includes the exemption for small
sale developments. The ivle also provides the
plasm
(1) The proposed comprehensive plan shall be
-�
44
requirementsfor the semiannual reports for small
submitted in accordance with the schedule
b
sale development amendments.
published in Chapter 9J-12, Florida
Specific Authority 120.53(lXb), 163.3177(9) FS. Law
Administrative Code, or at an earlier date
Implemented 163.3167, 163.3177, 163.3181, 163.3184,
established. pursuant to Rule 9J-12.004, Florida
163.3187, 163.3191 FS. History —New 9.22-87.
Administrative Code.
(2) The comprehensive plan materials are to be
M
submitted to the Department of Community
108R7
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Dom.,
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9J-11.006 ") DEPARZMFN'T OF COMMUNITY AFFAIR°'"�') V. 4, p. 1006-2
Affairs, Division of Resource Planning and
Management, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399.
The local governing body shall submit:
(a) A ttartsmittal letter from the local governing
body or its designee stating the date that the local
governing body held the transmittal public hearing
to consider the plan for adoption and transmittal to
the Department. The transmittal letter shall also
specify:
1. Whether the plan is applicable to an area of
critical state concern pursuant to Chapter 380,
Florida Statutes;
2. Whether the plan applies to the Welciva River
Protection Area pursuant to Chapter 88-393, Laws
of Florida;
3. Any optional elements that are included in the
plan;
4. Whether the plan is proposed to be adopted
under a joint planning agreement pursuant to
Section 163.3171, Florida Statutes, and the local
governments included in any such agreement;
S. The name, title, address and telephone
number of the contact person for the local
government, who is familiar with the proposed
plan; and
6. The location where the plan or plan
amendments, together with the Department's
comments, objections, recommendations, will be
made available for public inspection during normal
business hours;
(b) A copy of the procedures for public
participation that have been adopted by the local
planning agency and the governing body, in
accordance with Rule 9J-5.004, Florida
Administrative Code;
(c) Ten copies of the comFieliensive plant
including all the items specified in Rules 9J-5.005
and 91-5.021(4), Florida Administrative Code;
(d) Five copies of support documents used in
formulating the plan, or summaries of such support
documents if not proposed to be adopted as part of
the plan; and
(e) A copy of the evaluation and appraisal report
prepared in conjunction with the comprehensive
Cn plan, pursuant to Section 163.31,91, Florida
Statutes, if applicable.
(f) In the event the local government does not
include all of the schedules, maps, data or analysis
required by Chapter 9J-5, Florida Administrative
cD Code, in its submittal, it shall submit a statement
a identifying each and every hecn omitted and setting
�• forth tl+c justification for each omission.
,-r Spedric Authwiry 120 53(1Xb), 163.3177(9) FS. Li
O 1mplemen d 163.3167(2), 163.3177(1), (4Xb), (7), (9),
E* 163.3184(2), (3), (14), (15),163.3191 FS. History —New
O 9-22-97, Amended 10-1148.
'd 9J-11.006 Submittal Requirements for
I; Proposed Local Government Comprehensive
Plan Amendments.
0 (1) Amendments shall be submitted to the
Department of Community Affairs, Division of
Resource Planning and Management, Bureau of
Local Planning, 2740 Centerview Drive,
Tallahassee, Florida 32399. Proposed plan
amendments, except those discussed under the
exemption provisions of 9J-11.006(1)(a)3. below,
shall be consolidated into a single submission for
each of the two plan amendments adoption times
during the calendar year. The comprehensive plan
submitted pursuant to Section 163.3167, Florida
Statutes, shall be counted as one of the two plan
amendment adoption times during the calendar
year, however, only the submittal requirements of
Rule 9J-11.004 of this Chapter must be followed.
For each proposed plan amendment, the local
governing body shall submit:
(a) A transmittal letter from the local governing
body or its designee stating the date that the local
governing body held the transmittal public hearing
to consider the plan amendment for adoption and
transmittal to the Department. Ti transmittal
letter shall also specify:
1. The proposed month of adoption of plan
amendment submittal(s) for the current calendar
year for which no exemption from the twice per
calendar year limitation on comprehensive plan
amendments are claimed;
2. Whether the proposed amendment is in an
area of critical state concern;
3. Whether the plan amendment applies to the
Welciva River Protection Area pursuant to Chapter
88-393, Laws of Florida;
4. Whether the proposed amendment is one of
the exemptions to the twice per calendar year
limitation on the adoption of comprehensive plan
amendments and the facts and circumstances which
cause the amendment to be considered as one of the
following exemptions:
a. Directly related to a proposed development of
regional um.Qatit pursuant to Chapter 380, Florida
Statutes, including changes which are determined to
be substantial deviations, and Florida Quality
Developments and which may be initiated by the
local planning agency;
b. Directly related to proposed small scale
development activities pursuant to Subsection
163.3187(1)(c), Florida Statutes;
c. ,An emergency as defined in Subsection
16331B70)(41, Florida Statutes. In the case of an
emergency, the trasmaittal of the amendment must
be unanimously approved by she local governing
body. Ti transmittal shall include a statement
which sets forth the facts and circumstances
justifying the emergency;
S. Whether the amendment is proposed to be
adopted under a joint planning agreement pursuant
to Section 163.3171,, Florida Statutes, and a list of
tht Vocal govers►nernts included in the agreement;
6. The name, tide, address and a telephone
number of the contact person for the local
government who is familiar with the proposed
amendment(s);
(b) Ten copies of the entire element(s) being
amended, the text of the proposed'change(s) and all
proposed maps. In the case of future land use plan
map amendments, the following additional '
information must be provided:
10827
(R. 10188)
V. 4, p. 1006-3 W "AEHENSME PLANS t AMENDMENTS 9J-11.008
I. The proposed future land use plan map
designation of the subject property; the boundary of
the subject property and its location in relation to
the surrounding street and thoroughfare network
shall be shown on a map;
2. The present land use designations of the
subject property and abutting properties on the
future land use map shall be shown on a map;
3. The size of the subject property in acres or
fractions thereof;
4. A description of the availability of and the
demand on the following public facilities: sanitary
sewer, solid waste, drainage, potable water, traffic
circulation and recreation, as appropriate; and
5. Information regarding the compatibility of
the proposed land use amendments with the land
use element objectives and policies, and those of
other affected elements;
(e) Staff, and local planning agency and the local
governing body, mmendations and rive copies of
support document(s) or summaries of such support
documents on which the recommendations
regarding the proposed plan amendment(s) are
based; '
(d) A copy of the evaluation and appraisal report
done in conjunction with the proposed
, amendment(s), if applicable.
(2) Any plan amendment which is not identified
as directly related to a development of regional
impact, including substantial deviations and
Florida Quality Developments, a proposed small
stale development, or an emergency, will be
considered to be an amendment submitted for one of
the two times per calendar year that plant
amendments may be adopted. This provision is not
to preclude the allowed exemptions from being
included in the consolidated single submission for
each of the two plan amendment adoption times
during the calendar year. All exemptions must be
clearly identified.
(3) All plan amendments must meet the
requirements of Rule 9J-5, Florida Administrative
-Code. ,
Speeirrc Authority 120.53(l)(b), 163.3177(f) F8. Law
Implemented 163.3177(9), 163.3184(2), (3), (15),
163.3187(1), (2), 163.3191 FS. Hiaw —New 9-22-87,
Mrerded 10-11-88.
9J-11.008 Action upon Receipt of Proposed
Local Government Comprehensive Plan or Plan
Amendment.
(1) The Department shall review the material
submitted to ensure that all of the applicable
comprehensive plan materials required by Chapter
9J-5, Florida Administrative Co&, and this
Chapter are included in the package submitted for
review. The Department will send a notification to
the local government when their submittal is
complete.
(a) If the transmittal letter with the proposed
comprehensive plan fails to state the date(s) that the
required public hearing was held prior to
transmittal, the Department shall, within 5
working days of the receipt of the plan, send a notice
to the local government of the need to hold a
transmittal public hearing within 21 calendar days
after the notice is mailed to the local government.
The proposed plan will not be processed for review
until the Department receives written notification
from the local governing body or its designee stating
the date that the local governing body held the
transmittal public hearing. The review time
specified in Section 163.3184, Florida Statutes, will
not commence until the required written
notification is received by the Department.
(b) If the proposed comprehensive plan
submittal package does not include the required
elements pursuant to Section 163.3177, Florida
Statutes, the Department will follow the provisions
in Rule 9J-11.009, Florida Administrative Code.
(c) If the proposed comprehensive plan
submittal package includes the required elements,
but does not include one or morn items required to be
adopted pursuant to Rule 9J-5.005(i)(c), Florida
Administrative Code, the Department shall, within
5 working days of receipt of the plan, notify the
contact person for the local government that the
missing items) must be received within 14 days
after the notice is mailed to the local government. A
copy of this notification will be sent to the
appropriate regional planning agency. The notice
shall indicate that the regional planning icy may
need to initiate the preparation process if the local
government cannot forward the missing items) as
required. If the Department does not receive the
missing item(s) within 14 days after the mailing of
the notice, the Department shall notify the local
government and the regional planning agency that
the regional planning agency has the responsibility
to prepare and adopt by rule, pursuant to Chapter
120, Florida Statutes, the missing item(s) by a
specified date. The notification shall be sent from
the Director, Division of Resource Planning and
Management to the chief elected official of the local
government and the Executive Director of the
appropriate regional planning council by certified
nail, return receipt requested. Upon receipt of the
notification, the regional planning agency shall
follow the provisions in Subsections 9J-11.009(3)
and 9J-11.009(4), Florida Administrative Code.
(d) If the proposed , comprehensive plan
submittal package does not include the required
support documents used in formulating the plan or
summaries of the support documentation and the
required existing conditions maps, the Department
will immediately notify the local government,
Failure to provide the required documentation
during the review process will result in an objection
by the Department and shall be the basis for a
determination of not in compliance when there is the
lack of such documentation.
(2) When a proposed plan amendment does not
include all the information required by Rule
9J-11.006 of this Chapter, the Department will
send a notice to the local government, within five
working days of receipt of the amendment,
identifying the additional information required.
The proposed plan amendment will not be
processed for review until all the required
;i. 10827
r.
�s e.
9 1088)
11.009 w., DEPARZMENT OF COWAUNM AFFAMR.—) V. 4, p. 1006-4
information is available to distribute for review.
The Department review time specified in Section
163.3184, Florida Statutes, will not commence until
all required information is received by the
Department.
(3) Within five working days of receipt of the
submittal package, the Department shall transmit
copies of plans, parts of plans, or plan amendments
to various agencies and governments, as
appropriate, for their review and written response.
These agencies and governments may include but
not be limited to, the following:
(a) The appropriate regional planning agency;
(b) The appropriate county • land planning
agency;
(c) The Department of Environmental
Regulation;
(d) The Department of Natural Resources;
(c) The Department of Transportation;
(f) The appropriate water management
districts;
(g) Florida -Department of State;
(h) Florida Game and Freshwater Fish
'Commission; and
(i) The Department of Agriculture and
Consumer Services, Division of Forestry (county
plans only).
(4) Municipalities may review and comment on
the comprehensive plans and amendments of
adjacent local governments and submit such
comments to the Department. The municipality
must file a written request with the governing body
of the adjacent local government, requesting a copy
of the comprehensive plan or amendment be
submitted to the municipality at the same time a
copy is submitted to the Department. A copy of this
request letter should be sent to the Department so
that the Department will be noticed that it may
receive comments from an adjacent municipality.
Municipalities may submit written comments,
objections and recommendations to the Department
within 45 days of receipt.
(5) In developing comments, objections, and
trccommendatiam. the reviewing agencies
responsibilities shall iiocitde but act be lid to
the folloWnW.
G (a) Review by state agencies and the water
b' management districts will relate to the statutory
responsibilities of the agencies and will include
comments, objections and recommendations
regarding those areas required to be addressed in the
comprehensive plan by Chapter 9J-5, Florida
Admi im= iive Colic, and Sectk= 163.3177 and
�-� 163.3178, Florida Statutes.
(ti) The review by the appropriate regional
planning agency will be primarily in the context of
the relationship and effect of the local plan, and
comments of any other regional agenda to which
the regional planning agency may have referral the
plan. Regional planning agencies which prepare,
local government plans or elements pursuant to
Section 163.3167(3), Florida Statutes, shall not
review or comment on those plans or elements
unless the plans are changed by the local
government subsequent to preparation by the
regional planning agency.
(c) The county land planning agency review of
municipal comprehensive plans and amendments
shall be primarily in the context of the relationships
and impacts of the local plan or amendment on the
county plan. Relationships include the
requirements placed upon county services,
compatibility of adjacent land uses, and effects on
interlocal agreements.
(d) The review by municipalities will be
primarily in the context of the relationship and
effect of the proposed comprehensive plan or
amendment on the municipal plan. Relationships
include the requirements placed ,upon municipal
services, compatibility of adjacent land uses, and
effects on interloral agreements.
(6) The agencies and governments shall provide
a written response to the Department within 45
calendar days after receipt of the plan, elements or
amendments from the Department. Such response
must be signed by an agency head or authorized
individual(s). The date the agencies and
governments receive the plan, element or
amendments shall be deemed to be the fifth calendar
day after the day the Department mails the plan,
dement or amendments. The Department shall
calculate the response deadlines for the agencies and
governments from this estimated receipt date, unless
the Department receives written notification from a
review agency that the plan, element or amendment
was received later than rive calendar days after
nailing.
SpedPc Authority 120.53(1)(b), 163.3177(9) FS. Law
.Implemented 163.3177(9), 163.3184(1)(b), (2), (4), (5),
163JI87(2) FS. History --New 9-22-87, Amended
10-11-a
9J-11.009 Action When Iroal Government
Comprehensive Plan is Not Submitted as
Scheduled in Chapter 9J-12, F. A. C.
(1) When a local government has not submitted
the comprehensive plan or all of the element(s)
required in Section 163, Part II, Florida Statutes,
and Chapter 9J-5, Florida Administrative Code,
Ow Department shall notify the local government
regarding the plan or element(s), within 5
working days of the due date established in Chapter
9J-12, Florida Administrative Code. This
notification shall be sera from the Director,
Division of Resource Planning and Management,
to the chief elected official of the local government
by certified mail, return receipt requested. A copy of
the above referenced notification will be sent to the
appropriate regional planning agency so that the
regional planning agency may provide at least a 90
calendar day written notice to the local government
that they will assume the planning responsibility
and shall proceed with preparation of the missing
comprehensive plan or element(s) by a specified
date. The copy shall be sent from the Director,
Division of Resource Planning and Management to
the Executive Director of the appropriate regional
planning council by certified mail, return receipi
requested,
10182`r
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V. 4, p. 1006-4A d PREKF.NSN PLAINS 6c AMENDt�.N'PS 9J-11.011
(2) The notice to the regional planning agency
shall indicate that the regional planning agency has
the responsibility to prepare and adopt by rule,
pursuant to Chapter 120, Florida Statutes, the
missing comprehensive plan or element(s) or adopt
by rule amendment(&) to the existing plan, by a
specified date.
(3) Prior to initiating the planning process, the
regional planning agency shall provide at least a 90
calendar day written notice to any local government
whose comprehensive plan or element(s) it is
required to prepare, and specify the date that it will
begin work on the missing comprehensive plan or
element(:). A copy of this written notice from the
regional planning agency to the local government
shallbe mailed simultaneously to the affected local
government and to the Director, Division of
Resource" Planning and Management, Department
of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida 32399.
(4) Before the adoption by the regional planning
agency of the comprehensive plan, or element(s)
pursuant to Subsection 163.3167(3), Florida
Statutes, the regional planning agency shall
transmit 10'copies of the proposed comprehensive
plan, or element(s) or plan au(s), together
.with five copies of support documents used in
formulating the plan or clement(s) or summaries of
the support documents if not proposed to be
adopted, to the local government and the
Department in accordance with the provisions of
Section 163.3184 Florida Statutes. The
Department's copies shall be transmitted to the
Chief, Bureau of Local Planning, Department of
Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida 32399.
(5) The Department shall review and make
written Icomments, objections, and
recommendations on the comprehensive plan, or
element(:) or plan antendment(s) in aomrdanoe
with' Rules' 9J-11.008 and 9J-11.010 of this
Chapter.
(6) If the local gevwmawstt bas not submitted a
proposed comprehenii plan after 90 calendar
days from the due date, pursuant to Chapter 9J-12,
Florida Administrative Code, the Department shall
notify the Administration Commission so that it
may impose the sanctions specified in Subsection
163.3184(11)(a), Florida Statutes.
(7) The notice to the Administration
Commission shall be sent by the • Secretary,
Department of Community Affairs.
Specific Authority 120.53(1)(b), 163.3177(9) FS. Lew
Itrtplwxnted 163.3167(2), (3),163.3177(9),163.3184(2),
(3), (4), (5), (6) FS. History —New 9.22-87.
9J-11.010 Proposed Local Government
Comprehensive Plan or Proposed Amendment
Review.
(1) The Department shall review each
comprehensive plan or amendment to determine
whether it is consistent with the requirements of
Sections 163.3177, 163.3178, 163.3184, and
163.3187, Florida Statutes, Chapter 9J.5, Florida
Administrative Code, the State Comprehensive
Plan and the appropriate comprehensive regional
policy plan.
(2) The Department will consider all comments,
objections and recommendations received as it
formulates its own response. The Department may
incorporate written responses received into its own
comments, objections and recommendations to
ensure that the written responses received will be
considered by the local government prior to plan or
amendment adoption.
(3) The Department, within 45 calendar days
after the receipt of written responses from the
appropriate reviewing agencies listed in Rule
9J-11.008(3) and 9J-11.008(4) of this Chapter,
will send its comments, objections and
recommendations to the local governing body. The
Department's comments, objections and
recommendations to the local governing body will be
sent by the Director, Division of Resource Planning
and Management. For the information of the local
government, the Department will attach a copy of
the written responses received from the reviewing
agencies. The Department will send a copy of its
comments, objections and recommendations to the
appropriate mview agencies specified in Rules
9J-11.008(3) and 9J-11.008(4) of this Chapter.
(4) Local governments are encouraged to utilize
the informal mediation proem established by each
regional planning agency pursuant to Section
186.509, Florida Statutes, to resolve conflicts
between the local government and reviewing
agencies whose written responses may have resulted
in an objection and recommendation by the
Department.
Specirc Aerrboairr 12R53(1)(b), 163.3177(9) FS. Lew
l7jp1nn=ted 163.3177(9), (10), 163.3184(1)(b), (6) FS.
History --New 9.22-87.
9J•11.011 I.oea1 Government Adoptions of the
Comprehensive Plan or Plan Amendment and
Submittal for the Compliance Review.
(1) In the ease of a comprehensive. plan or
amendment submitted pursuant to Subsection
163.3167(2), Florida Statutes, the local government
shall have 60 calendar days to adopt, or adopt with
changes, the proposed. comprehensive plan or
amendment after the receipt of comments,
objections and recommendations from the
Department. In the ease of a proposed amendment
submitted pursuant to Section 163.3187, Florida
Statutes, the local government has 60 calendar days
to adopt, adopt with changes, or not adopt the
proposed amendment after receipt of the comments,
objections, and recommendations from the
Department.
(2) The local government may request that the
Department participate in the adoption public
hearing which is held to consider adoption of the
proposed comprehensive plan or plan amendment.
The local government shall give the Department at
least 14 calendar days written notice, sent by
certified mail, to the Chief, Bureau of Local
Planning, 2740 Centerview Drive, Tallahassee,
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Florida 32399, requesting the Department to
participate in the adoption public hearing. The
Department will notify the local government
whether it will or will not attend the hearing.
(3) Within five working days after adoption, the
local government shall submit rive copies of the
adopted comprehensive plan or in the case of
adopted amendment(s), five copies of the adopted
amendment(s), and a copy of the ordinance
adopting the comprehensive plan or amendment(,)
to the Department. This material shall be sent to the
Chief, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399. The following
items shall be submitted with the adopted
comprehensive plan or amendment:
(a) A listing of additional changes made in the
adopted plan or amendment which were not
previously reviewed by the Department. This
listing shall include the identification of the specific
portions that were changed with reference to
appropriate pages. if possible, new text in the plan
should be underlined and items deleted should be
struck through.
(b) A listing of findings of the local governing
body, if any, which were not included in the
ordinance and which provided the basis of the
adoption of a proposed plan or plan amendment or
the determination not to adopt the proposed plan
amendment.
(c) A statement indicating the relationship of the
additional changes not previously reviewed. by the
Department to the comments, objections and
recommendations from the Department.
(4) in the case of a comprehensive plan or
amendment submitted pursuant to Subsection
163.3167(3), Florida Statutes, the provisions of
9J-11.011(1), (2), and (3) shall apply to the
regional planning council as if it were the local
governing body, except that the regional planning
council shall submit a. copy of the rule adopting the
comprehensive plan, Clement or amendrueat.
(5) In the case where the local government
makes the determination not to adopt a proposed
plan amendment, a kner sn m bt sent to the
Department within five wonting days to inform the
Department of this detuion. This letter shall be sent
to the Chief, Bureau of Local Planning, 2740
N Centerview Drive, TalWtassee, Florida 32399.
s1+ (6) In the case where the local government
�• adopts corrections, updates and modifications of the
.-« capital improvements element concerning costs,
O revenue sources, acceptance of facilities or f ashy
E ' cumtruttion dates pursuant to Section
cD 163.3177(3)(b), a copy of the ordinance shall be
ray submitted to the Department within ten working
0 days after adoption. If a local government adopts
corrections, updates, or modifications of current
0 costs in other elements which were set out as part of
the comprehensive plan, a copy of the ordinance
skill be submitted to the Department within ten
worsting days after adoption. Copies of the reference
ordinances in this section of Rule 9J-11.011 shall be
sent to the Chief, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399 and
will not be subject to a compliance review.
Spedlic Authority 120.53(1)(b), 163.3177(9) FS. Law
Implemented 163.3167(3), 163.3t77(9), 163.3184(1)(b),
(2). (6), (7), (15), 163.31870), 163.3191 ES. History --
New 9.22-87, Amended 10-11-88.
9J-11.012 Compliance Review and Notice of
Intent.
(1) Upon receipt of the adopted plan or
amendment, the Department shall review, within
45 calendar days, the plan or amendment to
determine compliance and shall issue a Notice of
Intent to find the plan or amendment in compliance
or not in compliance.
(2) The Department's determination of
compliance will be based upon the objections and
recommendations submitted to the local government
pursuant to Rule 9J-11.010(3) and any changes
made by the local government to the comprehensive
plan or amendment as adopted. The Department
will consult with review agencies, as required, prior
to the issuance of the Notice of Intent.
(3) If the Department is requested to participate
in the public hearing at the adoption stage, and has
received the required written notice pursuant to
Rule 9J-11.011(2), the Department may not rind
the adopted plan or amendment not in compliance
unless it participated in the hearing.
(4) The Department will publish a Notice of
Intent in a newspaper of general circulation in the
area from which the plan or element originates in
the manner required by Section 163.3184(15)(c),
Florida Statutes, and will include but not be limited
to the following information:
(a) Name of local government;
(b) Identification of the comprehensive plan or
plan amendment(s) to which the notice refers;
(c) Whether the plan or amendment is in
compliance or not in compliance;
(d) Location where plan or plan amendments,
together with the Department's comments,
objections, and recommendations, are available for
public inspection; and
(c) F*bts of affected person(s).
(5) A copy of the Notice of Intent will be mailed
to the local government, the review agencies listed in
Rule 9J-11.008(3), and to persons who request a
copy of the notice. Requests for a copy of a Notice of
Intent shall be in writing and shall be sent to the
Chief, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, ,Florida 32399, and shall
specify the plan or amendment by the name of the
local government and by ordinance number or other
[mescal designation.
(6) The Notice of Intent shall be issued by the
Director of the Division of Resource Planning and
Management, Department of Community Affairs.
(7) If a Notice of Intent is issued to find the
adopted plan or amendment not in compliance, the
Department will forward a copy of the Notice of
Intent to the Division of Administrative Hearings,
Department of Administration, requesting a
hearing. During the 45-day period provided in Ruse
9J-11.012(1), Florida Administrative Code, the
Department shall issue a written Statement of
10821
(R. 10188)
' V.. 4, p. 1006-4C C( )REH NSIVE PLANS & AMENDMBMS 9J-11.012
Intent to find the plan or amendment not in
8. A demand for relief to which the petitioner
compliance. The Statement of Intent shall contain a
deems himself entitled.
statement describing how each portion of a
(b) If the Department determines that the
comprehensive plan or plan amendment alleged to
petition riled by an affected person is sufficient, the
be not in compliance is not consistent with one or
Department shall forward the petition to the
more provisions of Sections 163.3177, 163.3178,
Division of Administrative Hearings, Department
163.3191, Florida Statutes, the state comprehensive
of Administration, within 10 days of the receipt of
plan, the appropriate comprehensive regional
the petition, and request a hearing be held in the
policy plan, or Chapter 9J-5, Florida
affected local jurisdiction. A copy of the transmittal
Administrative Code; a statement of remedial
letter shall be sent to the petitioner, and a copy of the
actions that the local government must complete in
transmittal letter and the petition shall be sent to the
order to bring the plan into compliance. A copy of
local government.
the Statement of Intent shall be mailed to the local
(c) Failure to timely rile a petition within the 21
government and to persons who requested a copy of
calendar days after the publication of the Notice of
the Notice of Intent. The Department shall rile a
Intent pursuant to Rule 9J-11.012(4), F., A. C.,
petition requesting an administrative hearing and
shall constitute a waiver of any right to request an
{ relief with the Division of Administrative Hearings.
administrative proceeding under Section 120.57, F.
The petition shall incorporate the issues contained
S.
in the Statement of Intent, and the Statement of
(d) If a petition is fled that does not
Intent and the Notice of Intent shalt be Glad with the
substantially comply with the requirements of
petition. The hearing officer shall submit the
subsection (8)(a) of this rule, the Department shall
recommended order to the Administration
issue an order dismissing the petition with leave to
1 Commission for final agency action.
file an amended petition complying with the
{ (8) If a Notice of Intent is issued to rind the
requirements of this rule within 15 days of service of
adopted plan or amendment in compliance, any
the order. If an amended petition complying with
affected person, within 21 calendar days after the
this rule is not riled within 15 days of service of the
publication of notice pursuant to Rule
order, the petitioner's right to a proceeding under
9J-11.012(4), may file a petition challenging the
Section 120.57, Florida Statutes, is waived.
determination of compliance with the Department
(e) If no petition complying with the
pursuant to Section 120.57, Florida Statutes.
requirements of this rule is riled, the Notice of Intent
(a) The petition shall be tiled with the Agency
shall become final agency action.
Clerk, Department of Community Affairs, 2740
(f) After the hearing pursuant to Subsection
Centervicw Drive, Tallahassee, Florida 32399.
163.3184(9), Florida Statutes, the hearing officer
Each petition shall be typewritten or otherwise
shall mail the recommended order to the Agency
duplicated in legible form on white paper of
Cleric, Department of Community Affairs, 2740
standard letter size. Unless printed, the impression
Centerview Drive, Tallahassee, Florida 32399.
shall be on one side of the paper only and lines shall
(g) Within 10 days from the date of receipt of the
- be double-spaced and indented. Each petition shall
Recommended Order by the Agency Clerk of the
contain the following:
Department, parties to the proceeding may file
1. The Department docket number, if known;
written Exceptions to the Recommended Order
2. The name of party on whose behalf cite
with the Agency Clerk of the Department, with
petition is fled;
service of copies on all parties. Exceptions not filed
3. The name, addnmt, and telephone number of
with the Agency Clerk within the ten days shall be
the person riling the petition;
rejected. Exceptions shall state, with particularly,
4. The signature of the person riling the petition;
the basis for asserting that the hearing officer erred
S. A statement of facts sufficient to show that
in making or omitting specific findings of fact,
petitioner is an affected person, as defined in
conclusions of law, or a recommendation. Any party
Subsection 163.3184(1), F. S., including the date(s)
may serve one Response to Exceptions within ten
and method by which the petitioner submitted
(10) days of service of the Exceptions. The
objections during the local government review and
Department shall issue a final order within 30 days
adoption proceedings;
after receipt of the recommended order by the
6. A statement identifying the comprehensive
Agency Clerk if the Department determines that the
plan or plan amendment(s) which is challenged,
plan or plan amendment is in compliance. If the
including the name of the local government, date of
Department determines that the plan or plan
adoption, ordinance number(s) or other specific
amendment is not in compliance, the Department
formal designation(s);
shall submit, within 30 days after receipt, the
7. A statement describing how each portion of a
recommended order to the Administration
comprehensive plan or plan amendment alleged to
Commission for final agency action.
be not in compliance is not consistent with one or
Specific Authority 120.53(1)(b), 163.3177(9) FS. Law
more provisions of Sections 163.3177, 163.3178,
Implemmted 163.3177(9), 163.3184(8), (9), (10), (11)
163.3191, Florida Statutes, the state comprehensive
FS• History -New 9-22-87, Amended 10.11-88.
plan, the appropriate comprehensive regional
Library Refereaoes: Bryant, Lod Government
policy plan, or Chapter 9J-5, Florida
Comprehensive Plans and the Administrative Procedure
Administrative Code; and •
Act, 62 Fla. Bar J. 41 (October 1988).
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9J l t.016 DEPARTMMNT OF COMMUNITY AFFADt �`i V. 4, p.1006-4D
9J-11.016
91-11.014 Interim Review Procedures.
(1) The procedures in Rule 9J-11.014(2)
through 9J-11.014(8) of this Chapter will be
utilized during the interim period between the
effective date of this Rule and the date that the local
government comprehensive plan is due pursuant to
Chapter 9J-12, Florida Administrative Code.
(2) The Department shall review each
comprehensive plan or amendment to determine
whether it meets the requirements of Section
163.3177 Florida Statutes (1983).
(3) The following Rules of Chapter 9J-11,
Florida Administrative Code, will apply during the
interim period: 9J-11.001, 9J-11.002(2), (3), (4).
(5), (8), (9), 9J-11.006(1), (2), and 9J-11.00B(2),
(3), (4), (6).
(4) The Department shall continue the review
and comment provisions which were applicable
prior to October 1,1985, until comprehensive plans
submitted pursuant to Rule 9J-11.004 are sent to
the Department.
(5) Within 45 calendar days after the receipt of
. written responses from reviewing agencies, the
Department will submit the written responses
received together with its own comments, objections
and recommendations to the local governing body
which submitted the comprehensive plan or
amendment.
(6) No later than 60 calendar days after receipt
of the written response from the Department, the
local government shall adopt or adopt with changes
the proposed plan or amendment, or not adopt the
proposed amendment.
(7) Upon adoption, the local government shall
submit to the Department one copy of the adopted
comprehensive plan, or in case of the amendments,
one copy of the text and map(s) of the amendment
and a copy of the ordinance adopting the
comprehensive plan or amendment.
(8) Plan amendments considered as small scale
development activities pursuant to Subsection
163.3187(1)(c), Florida Statutes, are exempt from
the interim review procedures.
Spedlic Authority 120.53(1)(6), 163.3177(9) FS. Law
Implemented 163.3177(9), 163.3184(2), (6), (7). (14),
163.3187(1), 163.3191 FS. History --New 9-22-87.
9J-11.016 Semiannual Report — Small Sale
Development Amendments.
(1) Each local government shall submit
semiannual reports to the Department concerning
the utilization of the small scale development
exemption. Form No. RPM/LRP (9/87) entitled
"Semiannual Report on Small Scale
Developments" shall be the form required for
reporting and is hereby incorporated by reference.
The effective date of the form is the effective date of
this Chapter. Copies of the form may be obtained
from the Department.
(2) Reporu must be submitted to the
Department by July 1 of each calendar year for the
preceding December 24 to June 30 and by
December 31 of each calendar year for the
preceding July 1 to December 23. If no small scale
development amendments were processed by the
local government as exemptions, the report should
indicate "Not Applicable". Completed reports shall
be submitted to the Bureau of Local Planning,
Department of Community Affairs, 2740
Centerview Drive, Tallahassee, Florida 32399.
Spec Authority 120-530)(b), 163.3177(9) FS Law
Impkmeered 163.3187(1) FS. History --New 9-22-87.
Submitted into the public
record in connection with
itemf.2_s____
matty Hirai
City Clerk
10827
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PLANNING FACT SHEET
APPLICANT Anthony J. Slaty, Attorney for Owners:
Anthony R. Abraham and Raymond & Dorothy Ball.
April 19, 1990
PETITION
1.
Lots 1 through 38 less N. 20'
of lots 25-34, and 38
Block 3
TRAJUNE PARK (14-12) P.R.D.C.
Consideration of amending Ordinance 10544, as
amended, the Miami Comprehensive Neighborhood
Plan (MCNP) 1989-2000, Future Land Use Plan Map,
by changing the land use designations of the
subject property from Single Family Residential
and Restricted Commercial to General Commercial.
(Note: This item will be transmitted to the
Florida Department of Community Affairs (DCA)
for their 90 day review following 1st reading,
if passed by the City Commission)
REQUEST To change the Future Land Use Plan Map
designation of the subject property from Single
Family Residential and Restricted Commercial to
General Commercial.
RECOMMENDATIONS:
PLANNING DEPARTMENT Approval.
BACKGROUND This 2.8 acre site comprises thirty-eight lots
in the block between S.W. 8th and 7th Streets
and S.W. 42nd and 43rd Avenu.-s in the Flagami
Planning District. The adopted Miami
Comprehensive Neighborhood Plan (MCNP) - 1989-
2000 - Future Land Use Plan Map, designates the
lots of the subject property facing S.W. 7th
Street, Single Family Residential, as are
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10827
those lots to the north and west. The lots of
the subject property facing S.W. 8th Street and
S.W. 42nd Avenue are designated Restricted
Commercial, as are those lots to the east and
south.
The Single Family Residential category permits
single family residential uses, along with
support services. The Restricted Coasnercial
category permits commercial activities that
generally serve the daily retailing and service
needs of the public, and are restricted to areas
directly served by arterial or collector
roadways, or directly accessible via Metrorail.
The General Commercial category permits
commercial activities that generally serve the
needs of other businesses, do not typically
serve the daily retailing and service needs of
the general public, require on -and -off loading
facilities, and often benefit from close
proximity to industrial areas. These commercial
land uses include retailing of second hand
items, automotive repair services, new and used
vehicle sales, parking lots and garages, heavy
equipment sales and service, building material
sales and storage, wholesaling, distribution and
transport related services, light manufacturing
and assembly and other activities whose scale of
operation and land use impacts are similar to
those uses described above. Mixed uses of
warehousing and office, or warehouse and retail
showrooms are permissible within this land use
category.
The portion of the subject property presently
designated residential, facing S.W. 7th Street,
is in an SD-12 Buffer Overlay Oistrict, per
Ordinance 11000 (The City of Miami Zoning
Ordinance), adopted with an effective date of
September 4, 1990. This buffer district would
allow parking in this portion of the subject
property in conjunction with the commercial
portion of the property facing S.W. 8th Street.
This application qualifies as a "small scale
amendment" per Ch. 163.3187 (I)(C)3, F.S. 1987.
If approved on first reading by the Commission,
i0fi27
it could be immediately sent to the Florida
Department of Community Affairs for their
review.
ANALYSIS The subject property comprises a portion of an
established since 1950) and growing automobile
dealership, which now requires an expansion of
the facility to accommodate continued business
growth.
The MCNP promotes and facilitates economic
development and the growth of job opportunities
in the City, while promoting the efficient use
of land and minimizing land use conflicts. The
MCNP, also requires the City to encourage
commercial activities to remain within existing
commercial areas.
Development or redevelopment, that results in an
increase in density or intensity of land use,
should be contingent upon the availability of
public facilities and services that meet or
exceed the minimum LOS standards adopted in the
Capital Improvement Element (CIE). The attached
Impact of Proposed Change to Land Use,
pertaining to concurrency, demonstrates that
levels of service would not be reduced below
minimum LOS standards.
The proposed change to General Commercial would
be consistent with the existing and the future
land use patterns in the area. The adjacent
Restricted Commercial designated area does not
allow new and used vehicles sales. The General
Commercial designation is the only land use
category allowing such activity.
PLANNING ADVISORY BOARD At its meeting of May 16' 1990, the
Planning Advisory Board adopted Resolution
PAB 31-90 by a 5-2 vote, recommending
approval of the above.
One OPPONENT and four PROPONENTS were
presentee meeting.
Nine replies AGAINST and three replies
in FAVOR were received by mail.
CITY COMMISSION At its meeting of June 28, 1990, the City
Commission passed the above on First
Reading.
1082
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W DRIVE • T A L L A H A S S E E, F L O R I D A 3 2 3 9 9
BOB MARTINEZ
GoMemw
December 15, 1990
THOMAS G. PELHAM
Seaeury
The Honorable Xavier L. Suarez
Mayor of Miami
Post Office Box 330708
Miami, Florida 33128
Dear Mayor Suarez:
The Department has completed its review of the proposed
comprehensive plan amendment (Amendment 90-2) for the City of
Miami, which was submitted on August 31, 1990. Copies of the
proposed amendment have been distributed to appropriate state,
regional and local agencies for their review and their comments
are enclosed.
Y am enclosing the Department's Objections, Recommendations
and Comments Report, issued pursuant to Rule 9J-11.010, Florida
Administrative Code. 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 amendments is outlined in
s.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Admini-
strative 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 amendments;
A copy of the adoption ordinance;
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
1082'7
EMERGENCY MANAGEMENT 9 HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
"m
The Honorable Xavier L. Suarez
December 15, 1990
Page Two
changes to the Department's Objections, Recommendations and
Comments Report.
The above amendments 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 amendments
directly to the Executive Director of the South Florida Regional
Planning Council. The regional planning councils have been asked
to review adopted amendments to determine local comprehensive plan
compliance with the Comprehensive Regional Policy Plan. Please
forward these documents to the regional planning council concurrent
with your transmittal to the Department. Your cooperation in this
matter is appreciated.
If you have any questions, please contact Robert Pennock,
Bureau Chief, or Maria Abadal, Plan Review Administrator at (904)
487-4545.
Sincerely,
Aolwt q. MaA/'—*
Robert G. Nave, Director
Division of Resource Planning
and Management
RGN/tmp , , . ,
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
cc: Joseph W. McManus, Assistant Director, Planning, Building
and Zoning Department
10827
66
SERGIO RODRIGUEZ
Director
] January 9, 1990
Q s«. e..110 4
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Mr. Bill Sadowski, Secretary
Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
RE: Amendment 90-2 (City of Miami Amendments Nos. 90-5, 90-9,
90-11 and 90-12) Miami Comprehensive Neighborhood Plan 1989-2000
Dear Mr. Sadowski:
CESAR H. ODICI
City Manager
This letter is a formal invitation for your Department to participate in the
public hearing on the adoption, .by ordinance, of the plan amendments
referenced above, pursuant to Chapter 163.3184(8)(a) F.S. These items are
scheduled as Items PZ-1 and PZ-4 (90-5 and 90-9) after 9:00 a.m. and PZ-22 and
PZ-23 (90-11 and 90-12) after 5:00 p.m. Thursday, January 24, 1991 at the
Miami City Hall, 3500 Pan-American Drive, Dinner Key.
Because the agenda for the January 24th meeting is expected to be lengthy and
contain several controversial items, your local arrangements should include a
block of time from 9:00 a.m. to 9:00 p.m. at City Hall. The Commission
customarily will not take up a new item after 9:00 p.m., and will adjourn
shortly thereafter.
The agenda packet to be supplied to the City Commission pertaining to this
item includes:
a. Planning Fact Sheet, maps, analyses, concurrency, and ordinance.
b. City of Miami transmittal letter and materials to DCA dated July
27, 1990.
C. Transmittal letter from DCA with Objections, Recommendations and
Comments, including outside agency letters, dated -December 15,
1990, and the City of Miami responses thereto.
Page 1 of 2
PLANNING DEPARTMENT/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6086
Mailing Address • P.O.Box 330708 / Miami, Florida 33233-0708
1082'7
(pC
Mr. Bill Sadowski, Secretary
Florida Department of Community Affairs
January 9, 1991
As this letter is being written, I believe that the objections raised in your
Objections, Recommendations and Comments report can be resolved to our mutual
satisfaction; but I would not want to entirely foreclose the possibility of a
technical assistance meeting with your staff prior to January 24th.
Please contact Joseph W. McManus, Assistant Director, at Suncom, 921-6086 if
there are further questions.
Seri o R'odri guiz
Di r ctor
SR/vh
vh/91/084
cc'---- Robert G. Nave, Director
Division of Resource Planning and Management
Jack Osterholt, Executive Director
South Florida Regional Planning Council
Jorge L. Fernandez, City Attorney
Law Department
Att: Joel E. Maxwell, Chief Assistant City Attorney
Clark Turner, Planning and Zoning Division
Planning, Building and Zoning Dept.
Gloria Fox, Division Chief
Hearing Boards Office
Planning, Building and Zoning Dept.
Page 2 of 2
]10827
M
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RESPONSE TO
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
CITY OF MIAMI
Amendment 90-2
(City of Miami Amendment Nos. 90-5, 90-9, 90-11 and 90-12)
DATA AND ANALYSIS REQUIREMENTS
A. OBJECTIONS
1. 9J-5.005 (2) (a) and (5) ; and S.163.3177 (6) (a) and (8) ,
F.S.
Proposed Amendment 90-11, which revises the goals,
objectives and policies in all elements of the City's
adopted plan by "making substantive additions and
deletions; technical and perfecting changes and updating
dollar amounts and time frames" (page 1, Attachment 90-
11-B), does not include relevant and appropriate data
and analysis to support these changes.
Recommendation
Revise proposed Amendment•90-11 to include relevant and
appropriate data and analysis to support the revised
goals, objectives and policies in.all elements of the
plan. Revise the proposed amendment consistent with the
required data and -analysis.
B. COMMENTS
1. See objections to specific proposed revised objectives
and policies in the Future Land Use, Portable Water, and
Natural Resource Conservation Elements.
Citv of Miami Response to Objection 1.
See responses to the Objections to specific proposed revised
objectives and policies in the Future Land Use, Potable Water, and
Natural Resource Conservation Elements.
FUTURE LAND USE ELEMENT
A. OBJECTIONS
Data
1. 9J-5.006 (1) (a) ; 9J-5.005 (1) (e) ; and 9J-11.006 (1) (b) 2.
1082'7
January 14, 1991 ORC Response 90-2 - Page 1 /-
L0 P,
The map series submitted with Amendment 90-12, which is
intended to depict the proposed Future Land Use Map
amendments, does not include a legend that indicates a
north arrow, map scale, date, and a key to the land use
categories.
Recommendation
Revise the map series to include a legend that indicates
a north arrow, map scale, date, and a key to the land
use categories.
City of Miami Response to Objection 1.
The map series has been revised to include a legend that includes
a north arrow, map scale, date, and a key to the land use
categories.
2. 9J-5.006 (1) (g) and (4) ; and 9J-5.005 (2) (e)
An analysis of the effect of the 348 proposed Future
Land Use Map amendments found in Attachment 90-12-D of
Amendment 90-12 upon the population projections is not
included. For example, a number of proposed map
amendments propose changing parcels of land designated
as "Multi -Family High Density" to "Restricted
Commercial" or "Duplex" to "Industrial."
Recommendation
I
Include an analysis of the effect of the proposed Future
Land Use Map amendments upon the population projections.
City of Miami Response to Objection 2.
The City of Miami is a mature central city, almost completely
developed in urban uses. Population increases are accommodated by
a) overcrowding -- which is not affected by land use acreage -- or
b) redevelopment -- by which low -density residential areas are
gradually succeeded by higher density residential uses.
Population forecasts over the period covered by the comprehensive
plan are approximately 10-15%. Therefore, population projections
for the City of Miami are not based upon the future land use plan
map designations, but rather on a model that includes such
variables as past growth rates for the city, metropolitan area,
region and state; economic forecasts translated into likelihood of
net in -migration, as well as statistical measures such as birth
and death rates and net natural increase.
In evaluating proposed changes to the future land use plan map, it
is necessary to assess the quantities of land in each land use
category affected by the proposed changes, to ensure that
sufficient land is designated in each category to accommodate the
10827
January 14, 1991 ORC Response 90-2 - Page 2 h
projected future population, as well as for the facilities,
services, and activities needed to meet the population's physical,
social, economic, and cultural needs, and that adequate acreage
continues to be available for future use. As will be seen in the
City's responses following, the net effect of modest population
forecasts on these proposed changes in the available acreages is
negligible, and the future land use plan map continues to
designate ample land in each category to accommodate the
forecasted population.
Analysis
3. 9J-5.006 (2) (b) and (e) and (4) ; and 9J-5.012 (2) (a) - (d)
The 348 proposed Future Land Use Map amendments found in
Attachment 90-12-D of Amendment 90-12 are not supported
by an analysis of the suitability of use for the
proposed uses, including consideration of natural and
historic resources, topography, compatibility of
adjacent land uses, soils and flood prone areas. For
example, a number of proposed map amendments proposed
changing parcels of land designated as "Major Public
Facility" to "Single -Family" or "Duplex" to
"Industrial."
Recommendation
Include an analysis of the suitability of use for the
proposed uses, including consideration of natural and
historic resources, topography, compatibility of
adjacent land uses, soils and flood prone areas. Revise
the Future Land Use Map Series to be consistent with the
analysis.
City of Miami Response to Objection 3.
The proposed Future Land Use Map amendments total 348 parcels, or
0.4% of the City's approximately 85,000 parcels; and together
comprise 474.51 acres of land, or slightly over 2% of the •_'ty's
22,144 acre area, exclusive of water.
The proposed amendments include 134 parcels comprising 116.08
acres that are proposed to correct errors made when the land use
map was created; another 135 parcels totalling 265.58 acres are
changes necessary to bring the City's new zoning ordinance into
consistency with the comprehensive plan (see the response to
04jection 5, below, for further explanation of this group of
changes). These "scrivener's errors" and "necessary changes"
are corrective in nature, and do not alter the substance of the
Future Land Use Plan; they merely strive to depict the Plan as
accurately as possible.
The balance of 79 parcels, or less than 0.1% of the total parcels
in the city, comprising 92.85 acres, or 0.04% of the total city
10827
ORC Response 90-2 - Page 3
area, are changes proposed by the City Commission following public
hearing on the proposed plan amendments. These changes are the
result of public input and staff evaluation and are typically
minor in effect, both individually and cumulatively. Because the
previous land use plan map designations of February, 1989 had
already been evaluated for suitability of use, including
consideration of natural and historic resources, topography, soils
and flood prone areas, it was determined that only the
compatibility of adjacent land uses was relevant in the present
evaluation. Analysis reveals that in all cases, the proposed
changes are compatible with the adjacent land uses; in fact, the
majority of changes increase compatibility by eliminating one -or -
two parcel land -use "islands" within a larger group (see the
response to Objection 41 below, for further discussion of the
evaluation process).
4. 9J-5.006 (2) (c) and (4
9J-5.012 (2) (a) - (d) ; and 9J-
Numerous proposed amendments to Future Land Use Map
found in Attachment 90-12-D of Amendment 90-12 propose
to increase the density or intensity of use; however,
the amendments are not supported by an analysis of the
need to increase densities and intensities of use.
Table II of Amendment 90-12 also does not include the
acreage amounts for all of the proposed land use
changes. In addition, the amendments are not supported
by an analysis of the affects of these amendments on the
estimated gross acreage needed for each land use
category.
Recommendation
Include an analysis of the need to increase the density
or intensity of use for the proposed map amendments.
Revise Table II of Amendment 90-12 to include acreage
amounts for all of the proposed map changes. Include an
analysis of the effects of these amendments on the
estimated gross acreage needed for each land use
category.
City of Miami Response to Objection 4.
The 348 parcels of land are proposed for change in order to
satisfy other planning requirements than density or intensity of
land use. To repeat, 134 parcels are proposed for change to
correct errors; another 135 parcels are proposed for consistency;
only 79 parcels are being changed as a result of substantive
policy decisions. Consequently, an analysis of the need to
increase density is not relevant; any resultant changers in
permitted densities are a consequence of, not a cause for, the
proposed changes.
1082'7
January 14, 1991 ORC Response 90-2 - Page 4 & �
Acreages for all the proposed changes are shown in the last column
of Table II of Amendment 90-12, totalled by Item number. That is,
where there are two or more parcels included in a single Item, the
acreage is shown for the total Item. The net effect of these
proposed changes on the available acreage needed for each land use
category is negligible (see the response to Objection 3,
preceding) .
The City has performed a concurrency management analysis of the
potential impact of the proposed changes on the required
facilities and services. The analysis is shown on Table II of
Amendment 90--12 for each parcel proposed for a land use change
either as a "necessary change" or by City Commission initiative,
but excluding scrivener's errors. The analysis indicates whether
the proposed change would result in an increase (+), no change
(_), or a decrease (-) in potential impact on each of the six
required facilities and services. Further analysis of these
figures reveals that 49 parcels totalling 106.1 acres would
increase in potential intensity; 73 parcels totalling 112.02 acres
would decrease in potential intensity; and 92 parcels totalling
140.31 acres would remain at the same potential intensity.
Therefore, potential intensity increases on 106.1 acres would be
offset by decreases on 112.02 acres; while the remaining acreage
would neither increase nor decrease in potential intensity. In
summary, then, the total potential demand on facilities and
services would be reduced as a result of these changes; but it
should be pointed out that the total effect of the changes is
nonetheless slight.
Goals, Objectives and Policies
5. 9-5.006 (3) (b) 1. and 4. and (3) (c) 1., 2., 6., and 7.; 9J-
11.006 (1) (b) 5; and 5.163.3202 (1) and .3194, F.S.
Proposed Amendment 90-12 is not consistent with Future
Land Use Element Objectives 1.1, 1.31 1.5 and 1.6 and
Policies 1.1.1, 1.1.31 1.5.11 1.6.11 1.6.9. and 1.6.11
because an analysis of the population projections, the
suitability of use for the proposed uses and the need to
increase the density or intensity of use is not
included. See also the objections raised for 9J-
5.006 (1) (g) and (2) (b) , 2 (c) and 2 (e) .
In addition, the proposed Future Land Use Map amendments
found in Attachment 90-12-D as "Necessary Changes" are
not consistent with 5.163.3202(1), F.S., and Future Land
Use Element Policy 1.6.2 because Attachment -90-12-E
states that these changes are necessary to be consistent
with the City's Zoning Atlas. However, 5.163.3202(1)
and .3194, F.S., and Policy 1.6.2 require that the
1082'7
January 14, 1991 ORC Response 90-2 - Page 5
City's zoning ordinance be consistent with and implement
the Future Land Use Map Series.
Recommendation
Include an analysis of the population projections, the
suitability of use for the proposed uses and the need to
increase the density or intensity of use for the
proposed Future Land Use Map Series to resolve the
objections cited for 9J-5.006 (1) (g) and (2) (b) , (c) and
(e). (See response (2) below]. Include in the analysis
how the proposed amendments are consistent with Future
Land Use Element Objectives 1.1, 1.31 1.5 and 1.6 and
Policies 1.1.1, 1.1.3, 1.5.1, 1.6.1, 1.6.9, and 1.6.11.
Revise the City's Zoning Atlas to be consistent with and
implement the Future Land Use Map Series. (See response
(1) below]. In addition, revise the proposed Future Land
Use Map Series amendments to be consistent with the
required analysis, the cited objectives and policies,
and S.163.3202(1) and .3194, F.S. ESee response (3)
below] .
City of Miami Response to Objection 5.
(1) The characterization of "Necessary Changes" in Attachment 90-
12E as "necessary in order to be consistent with the Zoning Atlas"
is an unfortunate choice of words resulting from a complex set of
relationships between the Future Land Use Plan and the City's
newly -adopted zoning ordinance, as explained in the following
paragraph. A more accurate statement would probably have been
"necessary in order to achieve consistency between zoning
regulations and the Future Land Use Plan", as indeed these
amendments are intended, pursuant to the requirements of
162.3202(1)-and 163.3194 F.S:, and the City's land use policies.
Within one year following the comprehensive plan's adoption, the
City was required to adopt Land Development Regulations consistent
with the plan, and these were submitted in the form of a draft of
a new zoning ordinance in January, 1990. The required public
hearings on the new zoning ordinance were lengthy -- covering a
period of more than four months -- which essentially continued the
land use planning process and stimulated interest among the public
and leading elected officials to look again at the plan. The
result of this process was both the new zoning ordinance and a set
of proposed amendments to the Land Use Plan. Guiding the entire
process was the set of Goals, Objectives and Policies and the
Filt-ure Land Use Plan Map adopted by the City in 1989; but the
process leading to the modifications that were necessary to
eliminate errors and achieve consistency between them and the
zoning map resulted in simultaneous consideration of the land t:se
plan and the zoning map. Because the City's Land Use Plan Map is
very detailed, it has a unusually high degree of correspondence
with the zoning map; so much so that an amendment to one almost
invariably requires a corresponding amendment to the other. This
10827
January 14, 1991 ORC Response 90-2 - Page 6 .
situation can lead to confusion, especially when many changes are
being made almost simultaneously, as in the present instance.
Therefore, in order to clarify its intent, the City requests that
the characterization of "Necessary Changes" in Attachment 90-12E
as "necessary in order to be consistent with the Zoning Atlas" be
modified to read as "necessary in order to achieve consistency
between zoning regulations and the Future Land Use Plan" pursuant
to the requirements of 162.3202(1) and 163.3194 F.S., and the
City's land use policies.
(2) Population projections for the City of Miami are not based
upon the future land use plan map designations, but rather on a
model that includes such variables as past growth rates for the
city, metropolitan area, region and state; economic forecasts
translated into likelihood of net in -migration, as well as
statistical measures such as birth and death rates and net natural
increase. it is essential to ensure that sufficient land is
designated in each category to accommodate the projected future
population, as well as for the facilities, services, and
activities needed to meet the population's physical, social,
economic, and cultural needs.
(3) In evaluating proposed changes to the future land use plan
map, it is necessary to assess the quantities of land in each land
use category affected by the proposed changes, to ensure that
sufficient acreage continues to be available for future use. As
will be seen in the City's responses following, the net effect of
these proposed changes on the available acreages is negligible,
acid the future land use plan map continues to designate ample land
in each category to accommodate the forecasted population.
The 348 parcels of land are proposed for change in order to
satisfy other planning requirements than density or intensity of
land use. To repeat, 134 parcels are proposed for change to
correct errors; another 135 parcels are proposed for consistency;
only 79 parcels are being changed as a result of substantive
policy decisions. Consequently, an analysis of the need to
increase density is not relevant; any resultant changes in
permitted densities are a consequence of, not a cause for, the
proposed changes.
Acreages for all the proposed changes are shown in the last column
of Table II of Amendment 90-12, totalled by Item number. That is,
where there are two or more parcels included in a single Item, the
acreage is shown for the total Item. The net effect of these
p;oposed changes on the available acreage needed for each land use
category is negligible.
The City has performed a concurrency management analysis of the
potential impact of the proposed changes on the required
facilities and services. The analysis is shown on Table II of
Amendment 90-12 for each parcel proposed for a land use change
either as a "necessary change" or by City Commission initiative,
10827
January 14, 1991 ORC Response 90-2 - Page 7
but excluding scrivener's errors. The analysis indicates whether
the proposed change would result in an increase (+), no change
(_), or a decrease (-) in potential impact on each of the six
required facilities and services. Further analysis of these
'figures reveals that 49 parcels totalling 106.1 acres would
increase in potential intensity; 73 parcels totalling 112.02 acres
would decrease in potential intensity; and 92 parcels totalling
140.31 acres would remain at the same potential intensity.
Therefore, potential intensity increases on 106.1 acres would be
offset by decreases on 112.02 acres; while the remaining acreage
would neither increase nor decrease in potential intensity. In
summary, then, the total potential demand on facilities and
services would be reduced as a result of these changes; but it
should be pointed out that the total effect of the change is
nonetheless slight.
6. 9J-5.006 (3) (c) 7. and (4) ; and 5.163.3202 (i) and .3194,
F.S.
Proposed Amendment 90-11, proposes the change the
"Interpretation of the Future Land Use Plan Map" section
of the Future Land Use Element (pages 22 and 23 of
Attachment 90-11-C) for Residential --Medium Density
Multi -Family and Residential --High Density Multi -Family
land use categories by deleting maximum density
requirements and allowing development "up to the
intensity defined in the zoning ordinance for each of
the zoning districts classified under this land use
designation" is not consistent with Rule 9J-
5.006(3)(c)7., F.A.C., and S.163.3202(1) and .3194, F.S.
Rule 9J-5.006(3)(c)7., F.A.C., requires that a policy be
adopted to establish densities or intensities of use for
each future land use category and S.163.3202(1) and
.3194, F.S., require that the City's zoning ordinance be
consistent with and implement the policies of the City's
plan.
In addition, proposed revisions to the "Interpretation
of the Future Land Use Plan Map" section do not specify
the suitable locations for the community -based
residential facilities that will be allowed to be
located in the Residential --Medium Density Multi -Family
and Residential --High Density Multi -Family land use
categories.
Recommendation
Revise proposed Amendment 90-11 to not delete the
maximum density allowed in the Residential --Medium
Density Multi -Family and Residential --High Density
Multi -Family land use categories and to maintain the
density in the City's adopted plan. Revise the proposed
amendment to specify the suitable locations for the
10827
January 14, 1991 ORC Response 90-2 - Page 8 6 L
community -based residential facilities that will be
allowed to be located in the Residential --Medium Density
Multi -Family and Residential --High Density Multi -Family
land use categories.
City of Miami Response to Objection 6.
The section entitled "Interpretation of the Future Land Use Plan
Map" of the Future Land Use Element has been revised to restore
standards for maximum potential densities for each of the various
future land use designations as required by 163.3177(6)(a) F.S.
and Rule 9J-5.006(3)(c)7. F.A.C.
References to community -based residential facilities (CBRFs) in
the section "Interpretation of the Future Land Use Plan Map" of
the Future Land Use Element have been revised to make clear the
intent of the City that CBRFs of six clients or less are
permitted, pursuant to applicable state law, as a matter of right
in the single and multi -family residential land use
classifications; that CBRFs of 14 clients or less are permitted in
the Duplex, Medium Density, and High Density Residential
classifications pursuant to applicable state law, and that CBRFs
of 15 clients or more, which are not subject to the requirements
of state law, may be allowed in the Medium Density and High
Density Residential classifications in suitable locations.
Detailed siting considerations are contained in the city's Land
Development Regulations.
TRAFFIC CIRCULATION ELEMENT
A. OBJECTIONS
Analysis
1. 9J-5.007 (2) (b) and (3) (b) and (c) ; and 9J-11.006 (1) (b) 4.
and 5.
An analysis of the projected traffic circulation levels
of service and system needs based upon the proposed
Future Land Use Map amendments found in Attachment 90-
12-D of Amendment 90-12 for the initial and remaining
increments of the planning period is not included. In
addition, an analysis of how the proposed Future Land
Use Map amendments are consistent with the Traffic
Circulation Element objectives and policies is not
included. See also the attached comments from the
Florida Department of Transportation.
Recommendation
Include an analysis of the projected traffic circulation
levels of service and system needs based upon the
proposed Future Land Use Map amendments for the initial
and remaining increments of the planning period.
10827
January 14, 1991 ORC Response 90-2 - Page 9 `
l�
Include an analysis of how the proposed Future Land Use
Map amendments are consistent with the Traffic
Circulation Element objectives and policies. Revise the
proposed Future Land Use Map amendments consistent with
the required analysis and the objectives and policies.
City of Miami Response to Objection 1.
The City has performed a concurrency management analysis of the
potential impact of the proposed future land use map amendments on
the projected traffic circulation levels of service and system
needs. The analysis is shown under the general heading
"Facilities and Services", subheading "Traffic Circulation:, in
two columns labeled "Chg."(Change) and "LOS"(Level of Service), on
Table II of Amendment 90-12 for each parcel proposed for a land
use change either as a "necessary change" or by City Commission
initiative, but excluding scrivener's errors. The analysis
indicates whether the proposed change would result in an increase
(+), no change (_), or a decrease (-) in potential traffic
generation, and evaluates each of these as "OK" or "NO" in terms
of impact on the required LOS as adopted by the City in its
Transportation Policies. Analysis of these proposed future land
use map amendments reveals that changes involving 49 parcels
totalling 106.1 acres would increase in potential traffic
generation; 73 parcels totalling 112.02 acres would decrease in
potential traffic generation; and 92 parcels totalling 140.31
acres would remain at the same potential traffic generation.
Therefore, potential traffic generation increases on 106.1 acres
would be offset by decreases on 112.02 acres; while the remaining
acreage would neither increase nor decrease in potential traffic
generation. In summary, then, the total potential traffic
generation would be reduced as a result of these changes; but it
should be pointed out that the total effect of the proposed
changes is nonetheless statistically insignificant. The changes
are fully consistent with the MCNP Transportation Goals,
Objectives and Policies.
With respect to the comments made by the Florida Department of
Transportation (FDOT), it should be pointed out that the City's
adopted Transportation Policies are based on a methodology that
differs from the FDOT "Level of Service Standards and Guidelines
Manual" and the 1985 "Highway Capacity Manual", consequently, the
City's Level of Service standards will not be compatible with
those used by FDOT. The City's methodology, as adopted by the
City and approved by DCA in accordance with the provisions of Rule
9J5.0055(1)(d) is explained and justified in the booklet
"Transportation Corridors", a copy of which is enclosed, excerpted
fxom the Miami Comprehensive Neighborhood Plan's Transportation
Element.
HOUSING ELEMENT
A. OBJECTIONS
1082'7
January 14, 1991 ORC Response 90-2 - Page 10
/V
Analysis
1. 9J-5. 010 (2) and (3) (b) and (c) ; and 9J-11.006 (1) (b) 5.
An analysis of the effect of the proposed Future Land
Use Map amendments found in Attachment 90-12-D of
Amendment 90-12 upon housing needs of the anticipated
populations, including the ability of the City to
provide adequate and affordable housing, with particular
emphasis on low and moderate income households, is not
included. In addition, an analysis of how the proposed
Future Land Use Map amendments are consistent with the
Housing Element objectives and policies is not included.
Recommendation
Include an analysis of the effect of the proposed Future
Land Use Map amendments upon housing needs of the
anticipated populations, including the ability of the
City to provide adequate and affordable housing, with
particular emphasis on low and moderate income
households. Include an analysis of how the proposed
Future Land Use Map amendments are consistent with the
Housing Elements objectives and policies. Revise the
proposed Future Land Use Map amendments consistent with
the required analysis and the objectives and policies.
City of Miami Response to Objection 1.
The proposed Future Land Use Map amendments total 348 parcels, or
0.4% of the City's approximately 85,000 parcels; and together
comprise 474.51 acres of land, or slightly over 2% of the City's
22,144 acre area, exclusive of water.
The proposed amendments include 134 parcels comprising 116.08
acres that are proposed to correct errors made when the land use
map was created; another 135 parcels totalling 265.58 acres are
changes necessary to bring the City's new zoning ordinance into
consistency with the comprehensive plan. These "scrivener's
errors" and "necessary changes" are corrective in nature, and do
not alter the substance of the Future Land Use Plan; they merely
cause the map to be accurate in its depiction of the Plan.
The balance of 79 parcels, or less than 0.1% of the total parcels
in the city, comprising 92.85 acres, or 0.4% of the total city
area, are changes proposed by the City Commission following public
hearing on the proposed plan amendments. These changes are the
result of public input and staff evaluation and are typically
minor in effect, both individually and cumulatively. The net
effect of these proposed changes on the available acreage for each
land use category is negligible.
The impact of the changes on residential densities and on low -and -
moderate income housing opportunities and availability is
January 14, 1991
ORC Response 90-2 - Page 11
1082'7
W
effectively neutral, although a marginal increase in availability
and opportunity might occur where higher potential densities are a
consequence of the change. In any event, the effect is
statistically insignificant. The changes are fully consistent
with the MCNP Goals, Objectives and Policies, in particular
Housing Policies 1.1.5, 1.1.9, 1.1.31 1.3.2, 2.1.1, and 2.1.4.
SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, AND NATURAL
GROUNDWATER AQUIFER RECHARGE ELEMENT
A. OBJECTIONS
Data and Analysis
1 . 9J-5.011 (1) (f) and (2) (b) and (c) ; and 9J-11.006 (1) (b) 4.
and 5.
An analysis of the projected sanitary sewer, solid
waste, drainage and potable water levels of service and
system needs based upon the proposed Future Land Use Map
amendments found in Attachment 90-12-D of Amendment 90-
12 for the initial and remaining increments of the
planning period is not included. In addition, an
analysis of how the proposed Future Land Use Map
amendments are consistent with the Sanitary Sewer, Solid
Waste, Drainage and Potable Water Element objectives and
policies is not included.
Recommendation
Include an analysis of the projected sanitary sewer,
solid waste, drainage potable water levels of service
and system needs based upon the proposed Future Land Use
Map amendments the initial and remaining increments of
the planning period. Include an analysis of how the
proposed Future Land Use Map increments are consistent
with the Sanitary Sewer, Solid Waste, Drainage and
Potable Water Element objectives and policies. Revise
the proposed Future Land Use Map amendments consistent
with the required analysis and the objectives and
policies.
City of Miami Response to Objection 1.
The City has performed a concurrency management analysis of the
potential impact of the proposed future land use map amendments on
the -.,projected sanitary sewer, solid waste, drainage and potable
water levels of service and system needs. The analysis is shown
under the general heading "Facilities and Services", subheadings
"Sanitary Sewer", Solid Waste", Storm Drainage", and "Potable
Water", in two columns beneath each subheading labeled
"Chg."(Change) and "LOS"(Level of Service), on Table II of
Amendment 90-12 for each parcel proposed for a land use change
either as a "necessary change" or by City Commission initiative,
1082'7
January 14, 1991 ORC Response 90-2 - Page 12 �P D
but excluding scrivener's errors. The analysis indicates whether
the proposed change would result in an increase (+), no change
(_), or a decrease (-) in potential demand for each of these
services, and evaluates each of them as "OK" or "NO" in terms of
impact on the respective LOS as adopted by the City in its
comprehensive plan. Analysis of these proposed future land use
map amendments reveals that, excepting storm drainage, (see below)
changes involving 49 parcels totalling 106.1 acres would increase
potential demand; 73 parcels totalling 112.02 acres would decrease
potential demand; and 92 parcels totalling 140.31 acres would
remain at the same potential demand. Therefore, potential demand
increases on 106.1 acres would be offset by decreases on 112.02
acres; while the remaining acreage would neither increase nor
decrease in potential demand for sanitary sewer, solid waste
collection, and potable water services. (Storm drainage remains
neutral to these proposed changes, as the City's standard requires
all drainage to be retained and disposed on site, irrespective of
development type or characteristics. In summary, then, the total
potential demand for these services would be marginally reduced as
a result of these changes; but it should be pointed out that the
total effect of the proposed changes is nonetheless statistically
insignificant. The changes are fully consistent with the MCNP
Goals, Objectives and Policies.
Goals, Objectives and Policies
2. 9J-5.011 (2) (c) 3.
Proposed Amendment 90-11, proposed to delete Potable
Water Policy 1.2.4 and Natural Resource Conservation
Policy 2.1.6 (pages 41 and 80 of Attachment 90-11-D),
which establish the potable water conservation
strategies and techniques for the City. However, this
is not consistent with 9J-5.011(2((c)3. which requires
that the City establish and utilize potable water
conservation strategies and techniques. See also the
attached comments from the South Florida Water
Management District.
Recommendation
Revise proposed amendment 90-11 to not delete Potable
Water Policy 1.2.4 and Natural Resource Conservation
Policy 2.1.6 and to maintain the existing potable water
conservation strategies and techniques.
City of Miami Response to Objection 2.
The City proposed to delete Potable Water Policy 1.2.4 and its
identical counterpart, Natural Resource Conservation Policy 2.1.6
because the City believes that the requirements imposed by them
are a essentially a duplication of requirements of Metropolitan
Dade County, which is the local government responsible for
providing the potable water supply and for enforcing water
1082'7
January 14, 1991 ORC Response 90-2 - Page 13
Q
conservation measures. Nonetheless, the City has no objection to
retaining these Policies, and will not delete them at this time,
it being understood that the City is not the agency responsible.
COASTAL MANAGEMENT ELEMENT
A. OBJECTIONS
Data and Analysis
1. 9J-5.012 (2) , (2) (e) , and (3) (b) and (c) ; and 9J-
11.006 (1) (b) 5.
An analysis of the effect of the proposed Future Land
Use Map amendments found in Attachment 90-12-D of
Amendment 90-12 upon hurricane evacuation planning,
including evacuation routes and times and shelter space,
is not included. In addition, an analysis of how the
proposed Future Land Use Map amendments found in
Amendment 90-12 are consistent with the Coastal
Management Element objectives and policies is not
included.
Recommendation
Include an analysis of the effect of the proposed Future
Land Use Map amendments upon hurricane evacuation
planning, including evacuation routes and times and
shelter space. Include an analysis of how the proposed
Future Land Use Map amendments are consistent with the
Coastal Management Element objectives and policies.
Revise the proposed Future Land Use Map amendments
consistent with the required analysis and the objectives
and policies.
City of Miami Response to Objection 1.
The proposed Future Land Use Map amendments total 348 parcels, or
0.4% of the City's approximately 85,000 parcels; and together
comprise 474.51 acres of land, or slightly over 2% of the City's
22,144 acre area, exclusive of water.
The proposed amendments include 134 parcels comprising 116.08
acres that are proposed to correct errors made when the land use
map was created; another 135 parcels totalling 265.58 acres are
changes necessary to bring the City's new zoning ordinance into
consistency with the comprehensive plan. These "scrivener's
errors" and "necessary changes" are corrective in nature, and do
not alter the substance of the Future Land Use Plan; they merely
cause the map to be accurate in its depiction of the Plan.
The balance of 79 parcels, or less than 0.1% of the total parcels
in the city, comprising 92.85 acres, or 0.4% of the total city
area, are changes proposed by the City Commission following public
1082'7
January 14, 1991 ORC Response 90-2 - Page 14 /
(� Q
hearing on the proposed plan amendments. These changes are the
result of public input and staff evaluation and are typically
minor in effect, both individually and cumulatively. The net
effect of these proposed changes on the available acreage of each
land use category is negligible.
No significant population redistribution is anticipated to occur
as a result of the amendments. Therefore, the impact of the
changes on residential densities and on hurricane evacuation needs
is effectively neutral. These changes are fully consistent with
the MCNP Coastal Management Goals, Objectives and Policies,
CONSERVATION ELEMENT
Data and Analysis
1. 9J-5.013 (1) , (1) (c) , and (2) (b) and (c) ; and 9J-
11.006 (1) (b) 4. and 5.
An analysis of projected water needs based on the
demands for industrial and potable water uses for the
proposed Future Land Use Map amendments found in
Attachment 90-12-D of Amendment 90-12 is not included.
In addition, an analysis of how the proposed Future Land
Use Map amendments are consistent with the Conservation
Element objectives and policies is not included.
Recommendation
Include an analysis of the projected water needs based
on the demands for industrial and potable water uses for
the proposed Future Land Use Map amendments. Include an
analysis of how the proposed Future Land Use map
amendments are consistent with the Conservation Element
objectives and policies. Revise the proposed Future
Land Use map amendments consistent with the required
analysis and the objectives and policies.
City of Miami Response to Objection 1.
The City has performed a concurrency management analysis of the
potential impact of the proposed future land use map amendments on
the projected industrial and potable water levels of service and
system needs. The analysis is shown under the general heading
"Facilities and Services", subheading "Potable Water", in two
columns beneath the subheading labeled "Chg."(Change) and
"L08"(Level of Service), on Table II of Amendment 90-12 for each
parcel proposed for a land use change either as a "necessary
change" or by City Commission initiative, but excluding
scrivener's errors. The analysis indicates whether the proposed
change would result in an increase (+), no change (=), or a
decrease (-) in potential demand for water, and evaluates it as
"OK" or "NO" in terms of impact on the potable water LOS as
adopted by the City in its comprehensive plan. Analysis of these
10827
January 14, 1991 ORC Response 90-2 - Page 15 /
proposed future land use map amendments reveals that changes
involving 49 parcels totalling 106.1 acres would increase
potential demand for water; 73 parcels totalling 112.02 acres
would decrease potential demand; and 92 parcels totalling 140.31
acres would remain at the same potential demand. Therefore,
potential water demand increases on 106.1 acres would be offset by
decreases on 112.02 acres; while the remaining acreage would
neither increase nor decrease in potential demand for water. In
summary, then, the total potential demand for water would be
marginally reduced as a result of these changes; but it should be
pointed out that the total effect of the proposed changes is
nonetheless statistically insignificant. The changes are fully
consistent with the MCNP Natural Resource Conservation Goals,
Objectives and Policies.
Goals, Objectives and Policies
2. 9J-5.013 (2) (c) 4 .
Proposed Amendment 90-11 proposes to delete natural
Resource Conservation Policy 2.1.8 and to revise Natural
Resource Conservation Policy 2.1.1 and Potable Water
Conservation Policy 1.2.3 (pages 48, 79 and 80 of
Attachment 90-11-C); Policies 1.2.3. and 2.1.8 required
the City to adopt an emergency water conservation
ordinance by 1990 that is consistent with existing Dade
County and South Florida Water Management District
(SFWMD) ordinances and policies and Policy 2.1.1
required the City to support SFWMD policies and
regulations in periods of regional water shortages.
However, proposed revised policies 2.1.1 and 2.1.3 only
require the City to "adhere to existing Dade County
emergency water conservation guidelines and the
emergency Water Shortage Plan of the SFWMD" and do not
specify the implementation programs or activities the
City will undertake "adhere to" these guidelines and
plans. See also the attached comments from the South
Florida Water Management District.
Recommendation
Revise proposed Amendment 90-11 to maintain without
revision Natural Resource Conservation Policies 2.1.1
and 2.1.8, Potable Water Conservation Policy 1.2.3 and
the existing policies for the emergency conservation of
water sources.
City of Miami Response to Objection 2.
The City proposed to delete Natural Resource Conservation Policy
2.1.8 and to amend Natural Resource Conservation Policy 2.1.1 and
its counterpart, Potable Water Policy 1.2.3 because the City
believes that the requirements imposed by them are a essentially a
duplication of requirements of Metropolitan Dade County, which is
10827
January 14, 1991 ORC Response 90-2 - Page 16 %
the local government responsible for providing the potable water
supply and for enforcing water conservation measures.
Nonetheless, the City has no objection to retaining these
Policies, and will not delete or amend them at this time, it being
understood that the City is not the agency responsible.
STATE COMPREHENSIVE PLAN CONSISTENCY
A. OBJECTIONS
1. 9J-5.021(1)
Proposed Amendments 90-11 and 90-12 do not adequately
address and further the following State Comprehensive
Plan goals and policies:
(a) Goal 5 (Housing), Policy 3;
(b) Goal 7 (Public Safety), Policies 24 and 25;
(c) Goal 8 (Water Resources), Policies 41 5, 10 and 11;
(d) Goal 10 (Natural Systems), Policies 11 31 and 7;
(e) Goal 16 (Land Use), Policies 1, 3 and ;
(f) Goal 18 (Public Facilities), Policies 3, 8 and 9;
(g) Goal 20 (Transportation), Policies 3 and 9; and
(h) Goal 26 (Plan Implementation), Policy 7.
Recommendation
Revise proposed Amendments 90-11 and 90-12 to be
compatible with and further the above -referenced State
Comprehensive Plan goals and policies.
City of Miami Response to Objection 1.
With respect to proposed amendment 90-11 (Goals, Objectives and
Policies), see the individual responses to Objections previously
made. The remaining changes proposed in the Goals, Objectives and
Policies are believed to be consistent with the State
Comprehensive Plan.
With respect to proposed amendment 90-12, the proposed Future Land
Use Map amendments total 348 parcels, or 0.4% of the City's
approximately 85,000 parcels; and together comprise 474.51 acres
of land, or slightly over 2% of the City's 22,144 acre area,
exclusive of water.
The: -proposed amendments include 134 parcels comprising 116.08
acres that are proposed to correct errors made when the land use
map was created; another 135 parcels totalling 265.58 acres are
changes necessary to bring the City's new zoning ordinance into
consistency with the comprehensive plan. These "scrivener's
errors" and "necessary changes" are corrective in nature, and do
not alter the substance of the Future Land Use Plan; they merely
cause the map to be accurate in its depiction of the Plan.
10827
January 14, 1991
ORC Response 90-2 - Page 17
The balance of 79 parcels, or less than 0.1% of the total parcels
in the city, comprising 92.85 acres, or 0.4% of the total city
area, are changes proposed by the City Commission following public
'hearing on the proposed plan amendments. These changes are the
result of public input and staff evaluation and are typically
minor in effect, both individually and cumulatively. The net
effect of these proposed changes on the available acreage for each
land use category is negligible, and are believed to be consistent
with the State Comprehensive Plan.
REGIONAL POLICY PLAN CONSISTENCY
A. OBJECTIONS
1. 9J-5.021 (1)
Proposed Amendments 90-11 and 90-12 do not adequately
address and further the following Regional Plan for
South Florida goals and policies:
(a) Goal 19.1 (Housing), Policy 19.1.2;
(b) Goal 35.1 (Emergency Preparedness), Policy 35.1.16;
(c) Goal 37.1 (Water Resources), Policy 37.1.6;
(d) Goal 58.1 (Land Use), Policies 58.1.3 and 58.1.7;
and
(e) Goal 63.1 (Transportation), 63.1.1.
Recommendation
Revise proposed Amendments 90-11 and 90-12 to be
compatible with and further the above -referenced goals
and policies of the Regional Plan for South Florida.
City of Miami Response to Objection 1.
In its "Comprehensive Plan Amendment Review" of October, 1990, the
South Florida Regional Planning Council commented upon proposed
amendment 90-11 as follows:
Within the residential use categories, the amendment proposes
the language that community -based residential facilities may
be allowed. Conversation with the city planning staff
indicated that it is the intent of the city that community -
based residential facilities will be allowed pursuant to
applicable state laws. Prior to the final adoption of this
amendment, the city should revise the language accordingly to
more clearly reflect its intent. [See the City's response to
Future Land Use Element Objection 6, page 8, in which this is
fulfilled).
10827
January 14, 1991 ORC Response 90-2 - Page 18
Comment
Staff analysis finds that proposed amendment No. 90-11 will
strengthen all the elements of the City of Miami
comprehensive plan."
The comment on proposed amendment 90-12 was as follows:
Amendment No. 90-12 proposes changes to the future land use
map. The proposed changes are intended to facilitate the
process to bring the city's zoning atlas and zoning
ordinances into conformity with the future land use map. The
adjustments proposed will better facilitate one-to-one
comparisons with the Zoning Ordinance.
Comment
Staff analysis finds that proposed amendment No. 90-12 will
strengthen the future land use element of the City of Miami
comprehensive plan.
The SFRPC staff review was subsequently endorsed by the Council,
without further comment. Hence, the City concludes that the
proposed amendments 90-11 and 90-12 are consistent with, and
further, the Regional Plan for South Florida.
10827
January 14, 1991 ORC Response 90-2 - Page 19 6 W
a
Application i
^(late:
CITY OF MIA91"_. _ .
PLANNING DEPARTMENT
275 N.W. 2 STREW AR 19 P 1 .51
• 19IAMI, FLORIDA 331
APPLICATION M AMEND THE MIAMI COMPREHENSIVE NEI6HBORN000 PLAN
Section 62-17 of the Code of than City of Miami, Periodic review, additions and
amendments to the adopted comprehtnsive plan, reads as follon: .
Periodically, but not less often than once in
five (5) years or more often than once in two
.(2) years, adopted comprehensive plans oar- 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 awndments to
the comprehensive plans, or portion thereof. if
the city commission desires an ameadaent 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 recomaaendation 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 he the Sam as the procedure for
original adoption.
This petition is proposed by:
( ) City Commission
( ) Planning Department
( 1 Zoning Board
(xx' Other & Please Specify: Anthon
( Raymond and Dorothy Ball,;
The subject property is located at 4201-•99 S.W. sth Street,
4230-90 S.W. 7th street, less the North 20 feet of Lots 25-34 & 38,
and 702 to 798 S.W. Leieune Road, Miami, Florida..
AND MORE PARTICULARLY DESCRIBED AS:
Lot(s) 1 through 38 (less the North 20 feet of Lots 25=•34 & 38).
Blocks) 3
Subdivision Trajeune Park Folio No. 01-4105-0240
Page 1 of 3 See attached sheet.
10827 7
1,1*f, Lu
The unaer slgneo oain uit: owner or wit: f Cul czcS16C61VC ul 611C urillCI r ul LIM
subject property do(esl respectfully request the approval of the City of Miami
for the following amendment(s) to the Miami Comprehensive Neighborhood Plan
for the above -described property as indicated in the Land Use Plan;
FROM: Single Familv Residential (i,nt_g 2S-111
Restricted Commercial (Lots 1-24 & 34-38).
TO: o General Commercial (Lots 1-31)
Please supply a statement indicating why you. think the existing plan
designation is inappropriate. __%.
The subject property encompasses a portion of an A"j! +nh;ip nprlp.chin
his been in existence since approximately 1950 at the toed inn �f
4181 S.W. 8th Street, and the surrounding areas, including a1m S:.W._8thw
Street through that block to 43rd Avenue The property immediately akU%J n
the rear of the subject premises in the majority has been utilized for
dealer related businesses through special use permits. The .Dealership has
evolved from ifi original single 'structure` it 418i� 5*.W.• 8th Street to the .
size and consequence that it encompasses -a•greater percentage of the blocks
from 40th Avenue through 43rd Avenue, from S.W. 8th Street thru S.W. 7th Street.
Please supply a statement justifying your request to change the p'in to your
requested plan designation.
As stated above, this Dealership has been'in existence prior to its moving to
the Sth Street location as it was originally' founded as Thiel -Chevrolet with its
original premises on Ponce de Leon Blvd. in Coral Gables, Florida.. The Dealersh.
moved in approximately 1950 to its prebent'location at 4181 S.W. 8th Street,
Miami, Florida, and has continued to grow under the ownership of Anthony R.
Abraham, and subsequent sale toDumasMilner,..thereafter.repurchased.-bv
s
Anthony R. Abraham, another sale to Gilmore Enterprises, Inc., and now the
...moo. --
present ownership of Anthony R. Abraham, all of which has required the expansion
of the facilities to allow for the development of the Dealership by the**
What is the acreage of the property being requested for a Change in plan
designation?
2.8 Acres
Page 2 of 3
* and ** See Continuation Sheet attached hereto
10827
w
STATE OF FMM)
SS.
COUN"i"7C OF DADS )
IJj
A F F T D A V
190 PpR 9. p 7)
Before me, the undersigned authority, this day ply
appeared ANTM J. MAW who being by me first duly sworn, .
rr�...r�rrrrrrr.���.rr
upon oath, deposes and says:
1. That he is the owner, or the legal. rep ea Putative of the
owner, submitting the accomn. anying awrli cat' n+ for a public hearing as
required by Ordinance No. 9500 of the Code of the City of M mu' , Florida,
effecting the real property located in the City of Minm as described and
listed on the pages attached to this affidavit and made a part thereof.
i
2. That all owners which he represents, if am, have given their
dill and complete permission for him to act in their bebalf.for the change
or macs: ri. t n of a cLusIM, =ion or regu atitvi of zorA:% as :art c••.Al. :n
the ac: ^tea -a' 4 petition.
3. That the pages attached hereto and made a part of this
affidavit Cof:twiII the current �, Ong addrmm, *e numbers s
legal desmtpticns for the real property wu& he is thm owner or' legal
representative.
4. The facts -as replresented in the appU cation and docu =ts
submitted in conj=ction with this affi&V t are true and correct.
Further Aff3ant sayeth not.
. (Name1
ANTHONY J. B=
Sworn to and Subs ' ed before me
this , day of L 19 0 .. .
Public, State of Florida at Large
My.Ccrm ssion Expires:
MY. Cor"IMISSION FXPIP.ES: 849191
10827
OWNER'S LIST
Owner's Name Anthony R. Abraham► 6600 S. W. 57 Avenne, Miami, Florida 33143'
mai 1 i ng Address c/o Anthony J. Bl_a_tX, Attorney, 7600 Red Road, Suite 201,
South Miami, Florida 33143r_.__�.....�
Telephone Number (305) 665-1111
Legal Description:
_ Lots 1 thru 38, Block 3, TRAJE«1E PARK, according to the Plat thereof,
as recorded in Plat Book 14, at Page 12, of the Public Records of
Dade County, Florida.
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address .
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is 1 i sled as follows:
Street Address Legal Description
Lots_ .
621 S.W. 42nd Avenue�'— 1-6 inclusive, less R%W,-.
Lr,=mom PLACE. Plat Book 22, .._.
Miaati, Florida 33134
Pane 44, Dade Cotmty, Florida.
0
Street Address Legal Description
Tract 1, Lots 14, Plat Book 9,
4181 S.W. 8th Street
Page 78, BREVOCRT PLACS REV.,
Miami, Florida 33134
Plat Book 35, Page 2, Dade County, Florida
Street Address Legal Description •
The E 5 ft. Lot 8 and Lots 9-14, and
4190 S.W. 8th Street E 5 ft. Lot 15, and the 15 foot alley
N gnd.Adjacent, to Lots la & 14�, =a the
Miami, Florida 33134 E 5 ft. of Lot 15, Block 1, WHMSME
PARK, Plat Book 13 Page 50. DadP__
County, Florida.
10827
W
' fit
DISCLOSURE OF aINER.SHIP 90 19 P 1 :51
I. Legal description and street address of subject real property:
Lots 1 thru 38, Block 3, T,RTRM PARK, according to the Plat thereof, as
recorded in Plat Book 14, at page 12, of the Public Records of Dade County
Florida; more commonly known as 4201-99 S.W. 8th street, Miami, Florida
33134, and 4230 thru 4290 S.W. 7th street, Miami, Florida 33134.
2. Owner(s) of subject real property and -percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
Having a financial interest, either direct or indirect, in the subject.
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Anthony R. Abraham - 100% - Lot 1-7, 16, 17, 25-38, Block 3,'TRAJEUNE PARR;
c/o Anthony J. Blaty, Esq., 7600'Red Road, Suite 201, South Miami, Florida
33143.
Raymond and Dorothy Ball, his wife - 100% - Lot 8-15, 18-20, Block 3,
TRWEMIE PARR; c/o Anthony J. Blaty, Esq., 7600 Red Road, Suite 201, South
Miami, Florida 33143. .
3. L,egul description and street address of any tja:l pr-ope:t. t %)
owned by any party listed in answer to question j2, and (b) located wits
375 feet of the subject real property. '
.See Attached.
�_'_ W=_S, z rwa mA- eA.64Iq._ PE
STATE OF FLORIDA } SS:
COMMOF DARE }
ANTHCNY J. BLATY , being duly sworn, deposes and
says that nc. is the (Attirney for Owner) of the real property
described in answer to question #l; above; that he has read the foregoing
answers and that the same are true and complete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
SIORN TO AtM SUBSCRIBED
before me this
day of l 90
(SEAL)
(k ame )
ANTHONY J. BLATY
1082'7
MY CO.IN,ISSIOU EXPIRES:
W
NE::
'50 MAY 17 A 8 :13
DISCLOSURE OF PROPERTY_ OWNERSHIP WITHIN
375 FEET OF SUBJECT REAL _PROPERTY
ITEM NO. 3
a) ANTHONY R. ABRAHAM:
Lots 1 thru 6 inclusive, less R/W; LEJEUNE PLACE, according to the
Plat thereof, as recorded in Plat Book 22, at Page 44, of the
Public Records of Dade County, Florida; commonly described as 621
S.W. 42nd Avenue, Miami, Florida, 33134.
b) ANTHONY R. ABRAHAM:
The East 5 feet of Lot 8, and all of Lots 9 thru 14, and the East
5 feet of Lot 15, and the 15 foot alley North and adjacent to Lots
13 and 14, in Block 1, WHITESIDE PARK, according to the Plat
thereof, as recorded in Plat Book 13, at Page 50, of the Public
Records of Dade County, Florida; commonly described as 4190 S.W.-
Sth Street, Miami, Florida, 33134.
c) ANTHONY R. ABRAHAM:
Tract 1, BREVOORT PLACE REV., according to the Plat thereof, as
recorded in Plat Book 35, at Page 2, and the North 120 feet of Lots
10 2,3 and 4 of Block 1, of BREVOORT PLACE according -to the Plat
thereof, recorded in Plat Book.9 at Page 78 of the Public Records
of Dade County, Florida.
d) ANTHONY R. ABRAHAM, as Lessee, from Florence Rafkin,
Lessor, as to the following:
Lots 1 thru 3, less the North 120 feet, less the East 13 feet, and
the South 10 feet to City Block 1 BREVOORT PLACE, in Plat Book 9,
at Page.78, of the Publ.�c Records of Dade County, Florida.
e) ANTHONY R. ABRAHAM, as Lessee, from Roy A. McLeod and
Doris Mcleod, as Lessors, to the following:
The South 1/2 of Lot 4, in Block 1, less the South 10 feet of
BREVOORT PLACE, according to the Plat thereof, as recorded in Plat
Book 9, at Page 78, of the Public Records* of Dade County, Florida.
)
NaW
-OMN I _ _TIE'- .. f C I i:Ii' i -LON C.
wa
PE _EN I KS CHANGES =OR ANTHONYABRt= HAM GHE'. EP OLE . .
_ ,_. r-_Z.._N .
-HE .1DER SIONING FF PEFT• ':iNER OF THE ,IE:GH2ORHQC:: =?
IT =ELTH "EST ",'=.'D .-;VENUE AND "TH STREET. HEF._F_'•''r CCMEH
QEFOFE
=`U A I : H THE - cT i T'_CN : PO DER TO TOP THE ._ . ITRODUC ; _ =N 0_
_ ONMER I AL ZONING _ NTQ CUP HEIGHBORHOED.
FDR TAE LAST 20 YEARS WE HAVE TEEM LlYINT ANONO "OISEE.
I =H VI_LUNE - = 4FF I C AND EVERY DAY `;U I r INCES FROM H
SUOCK2 CONMERC I AL EMTERPR I SE .=►=OU I E D BY THE . HE'1RC1!_ E7
AGEi C .
ENOUGH 12 ENOUGH. WE DO NOT QNT THE .=XPANS I AN t=.F THIS
cROEL _M AND HE CONTINUATICN _N A. MA70R SCALE OF THE
;E__. SUF ATC3 ,._c:t-ENT._r-!_ LIVING FACILITY. PL Er _E _O A07
'E 1HEVEROLET EC'= E =R I'.'E _S OUT &ND TO ERII,E
_TEF; S _
-- ANI Ira_ . -IU ,Y; F, CE FOF
_.DDP - -
CUP COMPASSION ;NO Iiiu
EIGNATURE
---------•-------------•-----------------------—z---------------
.. .........
10827
M �
E 77 I T I G ►v 2H.,
NPME ADDRESS SIGNATURE
MI aye ( C `3 � �-3'� ---------------------------- -- _---- ----
_ le-2 2
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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
Sookle Williams, who on lath says that she is the Vice
President of Legal Advertising of the Miami Review, a dally
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF ML*a
Ordinance No. 10827. etc.
X X X
Inthe ......................................... Court,
was published in said newspaper In the Issues of
February 21, 1991
Afflant further says that the said 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) and has been entered as
second cla mail matter at the post office in Miami In said
Dade Co Florida, for a period of one year next preceding
the firs ubl cation o1 the attached copy of advertisement; and
affiant urth r says that she has neither paid nor promised any
perso fir or corporation any discount, rebate, commission
or re un for the purpose of securing this advertisement for
pubs a n in the at newa/p/e�per.
Swo: -!1 ')#W gkilt�Ibed before me this
21st day of FebrUA 91
....r, A.D.19.......
r
•
♦ M
(SEAL) "•srQrF ��
"OrrIC'.AL NOTARY SEAL"
�.i : r!'rl, H. MARMER
hit C, ,5;:>;EXP. 4/12/92
CIA
CI` t 00,
MI ►NIT, LO�tI /�
LEGALNOTICE
All Interested persons will take noticwthat`on the 24th day,of•
January, 1991, the Clty. Commiaalon of Mlairil, Floflda; sdopt6&
the following tltled ordinances:
ORDINANCE NO.10827
AN ORDINANCE AMENDING •THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10644, THE MIAMI C0MPREHENSIVE1Nbds4-'-.
BORHOOD PLAN 1989.2000, FOR THE BLOCK: BOUNDED,6Y,
SOUTHWEST' 8TH STREET AND A' LINE 20 FEET SOUTH,OE;
AND'PARALLEL TO 'THE SOUTH RIGHT-OF•WAY LINB"01=`
SOUTHWEST 7TH STREET, BETWEEN SOUTHWEST'42ND;
AVENUE AND SOUTHWEST 43RD AVENUE, MIAMI, FLORIDA'
(MORE PARTICULARLY DESCRIBED HEREIN); BY CNANOING
THE DESIGNATION OF; THE SUBJECT PROPERTY FROM
SINGLE FAMILY RESIDENTIAL AND RESTRICTED•COMMERCIAL'`
TO GENERAL COMMERCIAL; MAKING FINDINGS;
INSTRUCTING THE CITY. CLERK TO TRANSMIT'A COPY4�0F°
THIS ORDINANCE TO. AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND SEVEI(ABILITY. CLAUSES AND
PROVIDING.AN EFFECTIVE DATE,
ORDINANCE NO.10828
AN ORDINANCE, AMENDING THE ZONING ATLAS OF SECTION
3509 OF ORDINANCE N0.9500, AS AMENDED; TH0,16NiNG'
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY._CHANG-;
ING THE ZONING CLASSIFICATION FRDM R5.212 ONE•FAMILY.
DETACHED RESIDENTIAL FOR LOT'25 LESS'WEST
'LESS NORTH 201; LOTS 26-33 LESS NORTH 20`RG,0J4 GEN
ERAL RESIDENTIAL FOR LOT 34 LESS NORTH 20', CR07 REST.
DENTIAL,COMMERCIAL (COMMUNITY) FOR LOTS 1.23 AND:
LOT, 24, LESS WEST. 5'; AND CR-3/7 RESIDENTIAL COMMER•
CIAL,(GENERAL) FOR.LOTS 1.5 AND.LOT-35.37 AN1610T 38
LESS NORTH 2O1; ALL TO CG•117 GENERAL COMMERCIAL: FOR
THE PROPERTY LOCATED AT,4201.99 AND, 4200,4298.SOUTH--
WEST 7 STREET, MIAMI, FLORIDA; ALSO DESCRIBED;AS ALL
14, AT PAGE:12, OF THE PUBLIC RECORDS OF DADS COUNTY;
FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES:
ON PAGE NO. 32 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY.CLAUSE.
ORDINANCE NO.10829
AN ORDINANCE, AMENDING. THE ZONtNWATLA$ „O,F_ORD.I-
NANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE ,
OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION, FROM R•1 • WITH SD•19'OVERLAY,FOA1bDT1-
25 LESS WEST 5' AND. LESS NORTH 20 ; LOTS "-LESS
NORTH 20'; R•3 WITH SD-12 OVERLAY FOR.LOT 34, LESS`
NORTH 20' AND C•1 FOR LOTS 1.23'AND LOT74'LESS.WEST'
5' AND LOTS 35.37 AND. LOT 38 LESS NORTH 20'; ALSO',
DESCRIBED AS. ALL OFi BLOCK 3, TRAJUNE PARK AS
RECORDED IN PLAT BOOK 14. AT PAGE12, OF THE PUBLIC,
RECORDS OF DADE,COUNTY; FLORIDA, ALL •TO 62, AND BY
MAKING. ALL THE NECESSARY CHANGES ON PAGE NO.• 3,2 ;
OF SAID ZONING ATLAS; CONTAINING A REPEALER P.ROVI-`.
SION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.'10830
AN ORDINANCE AMENDING THE FUTURE LAND USE MAR OF.
_:ORDINANCE. NO. if)544, THE MIAMI COMPREHENSIVE' NEIGH-
BORHOOD: PLAN ,1989.21?00;� FOR! PROPERTY. LOCATED AT:
APPROXIMATELY 102.170 SOUTHWEST 7TH•'STREEt'A%ND
701.721 SOUTHWEST 2ND AVENUE, MIAMI;'FL'ORIOA (MORE'i
PARTICULARLY DESCRIBED HEREIN), BY,CHANGING THE DES?
IGNATION'OF THE SUBJECT PROPERTY FROM: RESTRICTED'
COMMERCIAL TO GENERAL COMMERCIAL; MAKING; FIND
INGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS ORDINANCE TO AFFECTED AGENCIES;; CONTAINING..
A REPEALER PROVISION AND SEVERABILITY`CLAUSE,-AND;;
PROVIDING`AN'EFFECTIVE DATE:. �� '
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