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
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10845
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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
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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
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SERGIO RODRIGUEZ, AICP
Director
March 13, 1991
�N'N Op f
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IIt111 111111
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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
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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
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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-,. ; #�