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HomeMy WebLinkAboutO-10845J-90-566 06/26/90 ORDINANCE NO. 10845 PURSUANT TO COURT ORDER, AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 3260 SOUTHWEST 8TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED 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 June 6, 1990, Item No. 4a, following an advertised hearing, adopted Resolution No. PAB 35-90, by a 9 to 0 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, this change of use was requested by WOODLAWN PARK CEMETERY COMPANY ("Applicant") and was recommended for approval by the Planning Department in 1985; and WHEREAS, on November 26, 1985, the City Commission denied the requested change of zoning by Resolution No. 85-1177; and WHEREAS, as a consequence of the City Commission's action, the Applicant filed an appeal to the Circuit Court; and WHEREAS, the Circuit Court of the llth Judicial Circuit, on September 15, 1986, ruled in favor of Applicant. Said decision was affirmed by the 3rd District Court of Appeal, and further review denied by the Florida Supreme Court; and WHEREAS, the Circuit Court's Order quashed Resolution No. 85-1177, enjoined the City "from enacting, maintaining or enforcing any zoning classification on the subject parcel more restrictive than CR-2/4," and directed the City to amend its zoning atlas in conformance with the Orders; and r w 10845 W WHEREAS, this land use change is in response to, and in compliance with the above mentioned court order; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Pursuant to an order of the Circuit Court of the llth Judicial Circuit [September 15, 1986; Case No. 85-53132 (CA18)], affirmed on appeal by the Third District Court of Appeal [August 1, 1989; Case No. 86-23761, and denied review by the Supreme court of the State of Florida (April 16, 1990; Case No. 75, 325], 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 Major Public Facilities, Transportation and Utilities to Restricted Commercial, of that certain parcel of property located at approximately 3260 Southwest 8th Street, Miami, Florida, more particularly described as a 1.3 acre tract of land fronting on Southwest 8th Street being a portion of WOODLAWN PARK CEMETERY, according to the plat thereof, as recorded in Plat Book 31 at Page 56 of the Public Records of Dade County, Florida; Also being a portion of WOODLAWN PARK CEMETERY, Section 3A, according to the plat thereof, as recorded in Plat Book 44 at Page 82 of. the Public Records of Dade County, Florida; said tract of land lying within. BOUNDARIES OF WOODLAWN PARK CEMETERY, according to the plat thereof, as recorded in Plat Book 44 at Page 70 of the Public Records of Dade County, Florida (Complete legal description on file with the Hearing Boards Office, Planning, Building and Zoning Department). Section 2. It is hereby found that this Comprehensive Plan designation change: a. 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 10845 -2- changes during the last year, produce a cumulative effect of having changed more than 30 acres; b. The property which is the subject of this amendment has not been the specific subject of a Comprehensive Plan change within the last year; and C. The herein amendment does not involve the same owner's property within 200 feet of property provided a Comprehensive Plan change within the last 12 months. 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 26th day of July 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this — 28th day of February t XAVIER L. UAREZ MAYOR ATTEST: ATTY H I CITY CLERK PREPARED AND APPROVED BY: F. �J L %.SMAXWELL C ISTANT C TY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO GE L. FE NDEZ CI Y ATTORNEY JEM/db/M655 10845 -4- SERGIO RODRIGUEZ, AICP Director March 13, 1991 �N'N Op f L r IIt111 111111 J 11 11 rGs ��Q CESAR H. ODIO City Manager 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. 90-10, to the Miami. Comprehensive Neighborhood Plan 19892 000. Dear Mr. Osterholt: The City of Miami, on February 28, 1991, adopted 0 Miami Comprehensive Neighborhood Plan 1 89-2000 Hance 10845 amending the amendment is a small scale development (�)• This proposed 163,3187, was submitted withoutepment activity and, according to Chapter consideration. Pursuant to the r regardto statutory limits on the frequency of Rule 9J-11.011, Florida A equir'enents of Chapter 163.3184 F.S-. 1987 and �Par►ent of C dministrative Code, and the direction of the Immunity Affairs (DCA), I am pleased to provide you with a copy Of these documents consisting of: - One (1) copy of MCNP Land Use Plan Ma adopted, (Attachment 90-10-2 A); p Amendment Ordinance 10845 as - One (1) copy (for reference purposes only) of the su on which recommendations are based pp°rt documents February 28, 1991) (Attachment 90-10 2 3g) City Commission Meeting Page 1 of 2 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 Mailing Address - P,O. Box 330708 / Miami, Florida 33233-0708 Mr. B. Jack Osterholt March 13, 1991 If, in the 45 days review process, there are points that need clarification, you may contact Joseph McManus, Assistant Director, Planning, Zoning Department, at (305) 579-6086. Building and Sinc .rely, Sergio Rodriguez, Director Planning, Building and ZonrgDepiartment Attachments cc: -Matty„ Hirai,; City Clerk (letter only) Guillermo E. Olmedillo, Deputy Director Planning, Building and Zoning Department (letter only) Joseph W. McManus, Assistant Director (letter only) Planning, Building and Zoning Department Elbert L. Waters, Assistant Director Planning, Building and Zoning Department (letter only) Clark P. Turner, Planner (letter only) General Planning Robert Lavernia (letter only) Zoning Code Administration Doc:[robert)<robert>transm/90-10 Page 2 of 2 Z,vT#g nf tmiam SERGIO RODRIGUEZ, AICP Director March 13, 1991 CESAR H. ODIO City Manager Mr. Ralph Hook, Community Programs Administrator Florida Department of Community Affairs (DCA) Division of Resource Planning and Management Bureau of Local Planning 2740 Centerview Drive Tallahassee, FL 32399-2100 Re: Second Transmittal of Amendment Application No. 90-10, to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Hook: The City of Miami, on February 28, 1991, adopted Ordinance 10845 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 10845 as adopted, (Attachment 90-10-2 A); - One (1) copy of the support documents on which recommendations are based, (PZ-3, City Commission Meeting of February 28, 1991) (Attachment 90-10-2 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 �1 I Mr. Ralph Hook March 13. 1991 If, in the 45 days review process, there are points that need clarification, you may contact Joseph McManus, Assistant Director, Planning, Building and Zoning Department, at (305) 579-6086. Sincerely, Sergio R iguez Ditor Planning, Bulding and Zon �"�y Depar'�nt SR/rl Attachments cc: Matty}:Hirai,, City Clerk Guillermo (letter only) E. Olmedillo, Deputy Director Planning, (letter only) 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]<robe2.-t>transm/90-10 Page 2 of 2 r P n3l PLANNING FACT SHEET APPLICANT City of Miami Planning Department: May 16, 1990 PETITION 4a. APPROXIhLA_T Y 3260 S.W. 8Tu SIRFFT A 1.3 acre tract of land fronting on S.W. 8th Street being a portion of WOODLAWN PARK CEM (31-56) PRDC. Also being a portion of WOODLAWN PARK CEM Section 3A (44-82) PRDC. Said tract of land lying, within BOUNDARIES OF WOODLAWN PARK CEMETERY(44-70) PRDC (Complete legal description on file with Hearing Boards office, Planning, Building and Zoning Department.) 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 designation of the subject property from Major Public Facilities, Transportation and Utilities to Restricted Commerci al . (Note: This item will be forwarded to the Florida Department of Community Affairs following 1st reading.) REQUEST To amend the MCNP Future Land Use Plan Ma b changing the land use designation of the subject property from Major Public Facilities, Transportation and Utilities to Restricted Commercial. RECOMMENDATIONS: PLANNING DEPARTMENT Approval. BACKGROUND This proposed plan amendment stems from a court - ordered rezoning of the property. The property owner filed for a change of zoning from RS-2/2 10845 I ' Single Family to CR-2/7 Restricted Commercial in 1985. After being denied by 'the City, the applicant filed an appeal. The Circuit Court of the 11th Judicial Circuit found in favor of the applicant; this finding was confirmed by the Appellate Court and Florida Supreme Court. The subject 1.3 acre parcel is located on the north side of the area bounded by S.W. 8th and 16th Streets, between S.W.- 32nd, and 33rd and 34th Avenues, at approximately 3260 S.W. 8th Street, in the Little Havana Planning District. The present use is as a cemetery. The adapted Miami Comprehensive Neighborhood Plan - 1989-2000 (MCNP) - Future Land Use Plan Map, designates the subject property facing S.W. 8th Street as "Major Public Facilities, Transportation and Utilities". This same land use designation is to the southeast and west. To the north, on the other side Of S.W. 8th Street, is a "Restricted --Commercial" land use. The "Major Public Facilities, Transportation and Utilities" category permits major concentrations of national, state and local government activities, as well as major public health or educational facilities. Public and private cemeteries are also provided for in this land use category. The "Restricted --Commercial" category erInits 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. Commercial uses that are permitted include general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, recreation facilities and prother coommercial activities whose scale and land use impacts are similar. Mixed uses of commercial, office and/or residential are also, permissible within this land use designation. 10,$95 04 I ANALYSIS The subject property, comprising a portion of an established cemetery, is needed for the -development of a funeral home. The "Restricted -- Commercial" designation is the appropriate land use category for such an activity, since the "Major Public Facilities, Transportation and Utilities" " land use designation does not allow private facilities in general and, by implication, the funeral home business. This change would be consistent with both the existing and the future land use patterns in the area. PLANNING ADVISORY BOARD The MCNP requires the City to preserve and enhance the general appearance and character of the City's neighborhoods, and to promote and facilite economic development and growth of job opportunities in the City. The Plan also requires the City to promote the efficient use of land, minimize land use conflicts and encourage commercial development within existing commercial areas. Together these policies argue that the land use designation of the subject property should be changed. The attached Concurrency Management Analysis demonstrates that no levels of service would be reduced below the minimum standard. At its meeting of June 6, 1990, the Planning Advisory Board adopted Resolution PAB 35-90 by a 9-0 vote, recommending approval of the above. Seventeen replies AGAINST and five replies in FAVOR were Rees ed by mail. Eight OPPONENTS and two PROPONENTS were present at the meeting. CITY COMKISSION At its meeting of July 26, 1990, the City Commission passed the above on First Read- ing. 10845 5 DUFLJ RaMin Ic Sqummni�l- ; I :Izi I m I Ll mm ium �n_ Rs - PMRR= DUPL RESIC SINQUOK RUMLY It I I f 1 It T i l t — 1��• lel•1•t1�t1/ _•• /1 (, I.1•'• i:Ji•i•••r�� •I• •t•I n ull • I 1 I ' I !! r./N•.r...rrrrr•.r..rrrr/J//////•r/////iA01A ••V•rrrrr/.••%r/! / .rr /.:' ••,••1 t �� Ir.�� MCC ( '11 N aA 4' ; I I I t , t •I• I jig 1�g I• F--., ,o•«IIQ.� I I Ii 1 L U, M••Ar.•IAII•Iw •w•1••w•w•o••tlltulM i•N1 rIlI • • •••tJ> •as [T•t•� , l48 off" I • r • 1 •1� It - � •�•��� ` ••Ilrl IIA C T•N•N•e.N�^•+�^•t �1... �w • •�I y '/ '' � ` • A � 1 11 IV 1 1 1 1 t I � � 11 t• 1 , ' �3lie .�• I 1 •. I^ 1 IM •tf 1 ••I•N • •11•its 11►�1• 14 t• Ittl[•1 •11a •[I.IIIM !j� lj.�� �iNl L/ dluj• 1 - � ; 1.•' 1= = 1 � ••F/ .M • 1 I � 1 ' 1 I I [7 1 1 1 1• J• js j 3 ir1.1 1 to •a•w• _ �) I I I i I SoI •'s e' • � w y • •.1 •• �,.wtr •r[wr.9.�� •mllv►Y 9 ,.. atllr S T � ... «... .... .••ram . .. L. i .1 �i[ •r 1,• .. 18758' 3 S 9 3T' • • �/ISMIND t �TOP r s T••Tp its list lo!" to ..�/ 'ERR •Iw1• II• •�•1'N • rl•1• wf•II• I ► to if I1.1•" i IM•• I• �If Ir r (r �.• •I» ••• NI N/ r S T • "'�•i I I I- I• loll •fit lid •,l• I •I• r 101911606 II •itw',w j1••iYw w •too* loit•low Irl• •r•, I I I I Ir ti4111111 M� •7111 Ir '1[11 I•I• • ,�. j•II.111 i. 1 f . M Y rl•11••NI Iw ••1. 11 IN ••I 04I0 -- S. ',r l 1. [• l•'IY I Y •• 19 11• I if 11• I M » t I[ I I II . V • , a[ {., 14A , ! I• I I • I IrM • > •I• .\t. I 16 TERM, ac Q. w. •el. O • r• « r w • • • • 1�4 to.1 go TaN N • I; Yir'~ tt Y I ,• ,• Ir I .Iw • IwN � �I ••0 • iai; ' • • „ poo mogu �1»I rlr• s 49 St •Q Yi N :''aCRE'S: 229.23' WQOpLAWN PARK CEMETERY G/1 WOODLAWN PARK •�i I A / 1 ,.i I W • LAM • �• ••I C xl I I : N � I r 1 •• 1 Y IY I •• � 11 I r• [ r C .I •' ".,rr' .. /� . in lr•a� 1 .o••Olt • .� r' •p •• TI I^ « •f 1 r ESH&Ito .. ,r • r r r r r 1 .t• f ORAL GAT ;» [ • ► • •. •1 •• •1 •il• pARK • rrr•t . r C. S.W. w I r •• N r a•••T � 1 [ [ y � [ [ I • �. I� of 1•)V . 11 t Ordinance 11000 Zoning Change ,. - .I • �' Approx : 800-1200 Sol...' Am 33rd Ave. n • I PAB 9/12/90 w 10845 w N :''aCRE'S: 229.23' WQOpLAWN PARK CEMETERY G/1 WOODLAWN PARK •�i I A / 1 ,.i I W • LAM • �• ••I C xl I I : N � I r 1 •• 1 Y IY I •• � 11 I r• [ r C .I •' ".,rr' .. /� . in lr•a� 1 .o••Olt • .� r' •p •• TI I^ « •f 1 r ESH&Ito .. ,r • r r r r r 1 .t• f ORAL GAT ;» [ • ► • •. •1 •• •1 •il• pARK • rrr•t . r C. S.W. w I r •• N r a•••T � 1 [ [ y � [ [ I • �. I� of 1•)V . 11 t Ordinance 11000 Zoning Change ,. - .I • �' Approx : 800-1200 Sol...' Am 33rd Ave. n • I PAB 9/12/90 w 10845 w +s I MAW.. i t �� i gyp. r ,�. ,� t 1 � , } ,� •�- ; ': J � • �s� � #�� 1 .1r. -•r ...` �'� ifs' • �� i ,�' , 'z'�;,.,. {»;r ."" ' y "� R �=�►. INK -4W tow r_iT� � ,�,.� ,�„(1 .w,�. ~1F•-�j' •�'L:� x��r• �r'r� �s�'� p r =• laws `r i �� ,� `1.` "` f,; t.>1 A"�' .��vA"�r`+ '„ Jar r �a•+?• �f.�••: t .'r � �. . ' .'�. ■8• �+' �� '. * :+^e:y� ,r air• .y _ �r �'•""��,- •1++. ,1 F� • �.1 AN �� `. ••��. _ � )r,{r*�. A?;'•�� ,.�h}N�,_�1��_]lj'�M ^a. j�Y7`��`yi. _i,-�. � .. 1 r' I "k- ` '' 'V+.3i<.y��N�•n� ar�jlflry` �i�': .y.� �\ zjj Z � C-' ��.,_ .f.�13,tl11+" ;'v...r `,�f i"'�r. <►;1�,"r�..:� r1� is�f�r �1,,� �dt � � �-�y• �~ .lei, ,• J a'; . : i'� Y tie . % l 1• da . Mar yr � � �f'. �� ; "'� . p r� 1 `� :r�. �IS e S'. �.r •. `• 1 � fA �• •J •,� _��" y 7[ ��,,.. 1 \ 1 - jai.: �,�' 1, �,.i '�!. •1•aw•� * .,r: r-.rr �� • �"'x �" /.4 ( • I�\ 4h �.� * •^^•.-rR-•i�'. �'f4 _ `• r �� . (1�•t-• err lit ,�'� �.� {' .� +r4i/hf. i., .� _r�1/1S .i• 1 • -}�N' 1, •7..1 w•. ' ��'� � c tl A�,..*� �r'L �l ` i► •+y�.. { r. _ I � 1 � , `� � Y�`. �i1 �•1f ��'i lR .•� rt y��j� 1 !:}.4 • iI t � A r r" Air a jit., I -'�� uF 1 �'t� . Y:n r +it• •" ti I • r i,ii, I'. '�� ;Ili n - z ,-• dx _t~°f�� �' .:':�' - 1� ALI .. r. t )I I' . fu �' '. r• • ,, ' i •�. y r ('9k`` •q;. .. r: . � • � • 1 1 1 li t � iL ■ �f��Rr rc, �r j2.` _ r+ f _t ►,r. �'r l' — - �' • r wit°'�`'' i..'.�'°'"'^ i ConcoRRBMCY MAMAoMUI ANALYSIS CITY Or NIAMI PLAMMMiMO CMPAMT Proposal Ne. $ 90-! nma or PRoPmm Amomm TO 1 m on MAP Dates 03/23/90 NITS IN A ?JtAMB>iORT== -I CommOR I - AMMONCUT 2MMINA2IOM I CONCUMMSCY AMALYSIS 1 { t I Appliouts City of Masi Phasing Deparasent I RMCRUTZON AID OPtM SPACIC I 0 1 Addreaas Approx. 3260 s.M. II street I Population Inesee t. RssldMmts 0.00 1 I ( space Reguirameat• &arse _ Boundary streetas North# S.M. I street I gpows Capacity "lore Chan" 53.63 1 33M 1 1 Booths S.M. is street I tx a Capacity Alter' Change cuts S.M. 42 ATaad ( Chookoff 0R I 1 Wants S.M. 33 AVense -'�-4 I POTASLi MATM>3t TRANSMISSION I CaUtinq DaaignatLos. Masissa Land Uu IntMmity I Population Iacretsemt• RssLdaata 0 i Residential 1.3 aorss d 100 DU/sore 130 DU•s I TsasemissLcm Regeiitmaat. qpd 0 1 1 other 0 aq.ft.S 0 MR 0 sq. tt.I gases Capacity Before Change 3020 abcw deemed I Peak Noun Person -Trip Generation 390 1 Csosea Capacity Attar Change >20 &bow dsmaad 1 I I Coneosses" Checkoff OR 1 I Proposed DssigsacLon, Nazism Land Use Intasaity I I I Raeidential 1.3 &awes 0 100 00/aere 130 DU"n I SANITARY swat TRANSMIssIOM I 00 I other 0 4q.ft.0 0 MR 0 sq.ft.l Population Iacsamsat• Residents 1 Peak Hour Person -Trip Generation 360 1 I Trassmissiom Rtgniseveet• qpd !scene Capacity "lore Chaaw >20 abew dons" Nat Increment With Proposed Changes I Gorse Capacity Altos Change a20 above demand 1 I Population P 0 1 Ccmenrreacy Checkoff Dwelling Units 0 I Peak Hour Person -Trips 0 1 STORM gem CAPACZTT I I Msfi,ltration system "re foChange on -@its 1 PlannLaq District Little Havana I 09Lltratios system After Change Oe-ails 1 OR 1 County Wastewater Collection tone 313 I Coma &may Checkoff Drainage suboatcasant Basin 01 Solid Waste Collection Route 33 ( SOLia MA22Z COLLtCTION 0 Transportation Corridor NOW rlaglar/s.M. 9 St. I Population Ineroscat. Residents 0 1 I solid Mute Gswration, tons/year . I tamers Capacity Betas Change boo I RCLCVANT NCNP GOAL$, 0L?=Tr Ms. AND POLICITS I toomma Capacity After Change Soo 1 09 1 I I Coeausseaoy Checkoff I Land Use Policy 1.1.1 I I CIS Policy 1.2.3 1 TRAMC CSRCVLATION I 0 I I POpelaticm Inos@maat• Residents I Peak -Hoer Pereos-Trip Generation 0.00 1 I LOS Before Chango 0 1 I I LOS Alter ChmW 0 1 I ( Comousrmacy Checkoff ON I NOTES I ASSUMPTIONS AND COMMOM I Population increment is assumed to be all new remideate. Puk-I I period trip generation from ITC Trip Gaaarotiosse {th MILtion. I _I Potable water and wastewater truamiasLon capacities ace in 1 I a000rdance with Metro-cade County @toted capacities and are I assumed correct. Service connections to water Mad seers I YLu are assumed to be of adequate sizes if net. new oonnao- 1 I boas tor be installed at o me 8 espeue. Ad- - - S3eNOW Space &creep sequinecats and Traffic CLsaolatism WC 1 balances assume proposed change. Transportation Corridor i capacities and LOS from Table PT-2(RI 1. Data and Aeely"s. i I I MQ-IN 03/13/90 I 10845 7 n Alt, � _ a t�kl�► ,� Q _ 0024 23S �►�� F FLORIDA i DEPA�IR��T; �T� OF COMMUNITY AFFAIRS 2740 CINTERVIEW DRIVE • TAt t AHASbl1 . 11 ORIDA I 1941•; I1111 Lawton Chiles a Ago IH(i01AS G. tIIHA\I Gala. J.inuary 18, 1991 %,,,r,,n The Honorable Xavier L. Suarez Mayor of Miami city of Miami 90 !0 P.O. Box 330708 So _ 0 Miami, Florida 33233-0708 fo 0 Dear Mayor Suarez: To _ (-r The Department has completed its re of the proposed comprehensive plan amendment (Amendmen 91-S1 for the City of Miami which was submitted on September , 1990. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendments for consistency with Rule 9J-5, Florida Administrative Code, Chapter 163, Part II, Florida Statutes, and the adopted City of Miami Comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves as our Objections, Recommendations and Comment Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code. Upon receipt of this letter, the City of Miami has 60 days in which to adopt, adopt with changes, or determine that the City of Miami will not adopt the proposed amendments. The process for adoption of local comprehensive plan amendments is outlined in s.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. Within five working days of the date of adoption, the City of Miami must submit the following to the Department: Five copies of the adopted comprehensive plan amendment; A copy of additional changes not previously reviewed; EMERGENCY MANAGEMENT • HOUSING A -ND ( (NiNU`111 I • RI "(11 r( I PI A»I%(, A%D %IAtiA(.I %II %I 10845 • %a r.r The Honorable Xavier L. Suarez January 18, 1991 Page Two A copy of the adopted ordinance; and A listing of findings by the local governing bod which were not included in the ordinance. Y, if any, The above amendment and documentation are required Department to conduct the compliance review q d for the determination and issue the -appropriate , make a compliance notice of intent. As a deviation from the requirement above, you are to provide one of the five copies of the adopted ame to directly to the Executive Director of the South Re Planning Council. The regional planning councils FloridaiRegional to review adopted amendment to determine local com have been asked plan compliance with the Comprehensive Regional poprehensive Your cooperation in this matter is appreciated. lacy Plan. If you have any questions, please contact Robert Pen Bureau Chief at (904) 487-4545. pock, Sincerely, Robert G. Nave, Director Division of Resource Planning RGN/ddp and Management cc: Joseph W. McManus, Assistant Director, Planning, and Zoning Department 9, Building 1084 3 76 MIAMI REVIEW Published Deily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on 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 MIAMI Ordinance No. 10845 X X X Inthe ......................................... Court, was published in said newspaper In the Issues of March 20, 1991 Affiant further says that the said Miami Review Is a reaper published at Miami In said Dade County, Florida, that the said newspaper has heretofore been continuously lehed_in said Dade County, Florida, each day (except second class mall matter at the post office In Dade County, Florida, for a period of one year the first irublication of the attached con" of adw peroo , ti or corporation any discount, rebate, commission or re n for the purpose of securing this advertisement for pubiI on In the aid newspaper. - / + •. ."tit yy««fwy Sw0191 ocri ad before me this 20 t. «.c �. D.ts91... lea (SEAL) "OFFICIAL NOTARY SEAL" OCTELMA V. FERBEYRE MY COMM. EXP. 7/9/94 0 TO THE HONORABLE J.L. PLbM�M 4 iiC1 � DAtE VJ^ Mayor cm 0-0`i1i� (&(' l-f or �41A `Jj, FI.AsUBJECT i March 1, 1991 FILE: Memorandumof Voting Conflict FROM : ATTY H IRA I REFERENCES: City Clerk ENCLOSURES: At the Commission meeting of February 28, 1991, you abstained from voting on item PZ-3 and PZ-4, namely: "Changing the land use designation of approximately 3260 S.W. 8 Street from Major Public Facilities, Transportation and utilities to Restricted Commercial." and "Zoning atlas change at approximately 3260 S.W. 8 Street from G/I Government and Institutional to C-1 Restricted Commercial." Kindly fill out parts (a) and (b) in the back of said forms (one FORM 8g (MEMORANDUM OV VOT O ONFtIOT FOR H �; OOUNTYa MUN101PA`m AND OTHER .LOOAL PURIO OFFIOERS LIW*s r, J.L., Jr. 3500 Pan American Drive raunm Miami Dade WHICH VDIA CXXVRRED February 28, 1991 *10CH 1 WIVE o A UN" of: X Cl IV :I tTRMV t OTHER IDCAI Act"CV MY WHO MUST Fi1LE POW r8 ' aLMIVE AMlOINTIVE This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council, commission, authority, or committee. it applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest udder Section 112.3143, Florida Statutes. The requirements of this law• are mandatory, although the use of this particular form is not required by law. you an encouraged to use it in making the disclosure required by law. Your responsibilities under the Vw when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the merle tide and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION "1.3143, FLORIDA S?ATLMS (ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his sNcial private gain. Each local officer aho is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the mating, who should incorporate the form in the minutes. APPOI NTED OMCERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private On. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is mained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his dirmlon. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will inicorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. f# you mAKR NC ATi'RI► PT TO !NmusNCR TNE bzasim zxapt RY Cts=ioN AY Tme muTINC): a You should diutose ot&tly the "lure of your eonllict in the taeasure before partidpating. should complete Motto and f1k I within Witt to she the t the vote �n �h the person 118ibk for reed ifti the minutes of the meetins. who ONCLO=NRf OIL LOCAL OFFiCLR•i W'r" IT ,• ..�.r i� _ _v 1 ,imm� r . �T r . • herft disclose that Ott %brbu a r v 2 a • 19 l (a) A samure came or will come before my agency which (check one) A= inured to my special private gain; or inured to the special pin of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: r � V :.a Lin rt sosaW ru WIM 1AGE a WHO MM IFU FORM W This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 11I.3143, Florida Statutes. The requirements of this law are mandatory, although the use of this particular form is not required by law. you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this mason. please pay close attention to the instructions on this form before completing the re+ -erne side and filling the form. INSTRUCTIONS FOR COMPLIANCE WITH INCTiON "2.3143, FLORIDA $TATUM$ ELECTED OFFICERS: A person holding elective county. municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special primate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the mating, who should incorporate the form in the minutes. APP01%'TED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private pin. Each local officer also is prohibited from knowingly voting on a measure which inures to the Special gain of a principal (other than a government agency) by whom be is retained. A person holding an appointive local office otherwise may panicipatc in a matter in which he has a conflict of interest. but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be pra•ided immediately to the other remembers of the agency. • The form should be read publicly at the mating prior, 10 consideration of the matter in which you have a conflict of interest:. t It 4 1P VOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: a You should disclose orally the nature of your m1lict in the measure before participating. a You should complete the form and fik it within IS day:Oler the vote occurs with the person +r'apunsibk for teewding the minutes of the meeting, who should incorpotate the form in the tnitttttes. 04CLOWN OF LOCAL OFFICER'S 00 IT t r.. Plummer. Jr. February 28 -.I 9 t � hereby disclose that on _ � .. (a) A measure arse or will come before my agency which (check one) Zinured to my special private gain; or — inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: . by whom 1 am retained. - Tj ;ter f NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5.000. tt iOMM as 1aM :IAGE-,. ; #�