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HomeMy WebLinkAboutO-10790e?-90-188 4/28/90 El ORDINANCE NO. El 10790 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 3560 MAIN HIGHWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 21, 1990, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 10-90, by a 8 to 1 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; and 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 of those certain parcels of property located at approximately 3560 Main Highway, Miami, Florida, and more particularly described as a triangular parcel containing portions of Lots 2, 3, 4 and vacated un-named street r.o.w., ROBERTS SUBDIVISION, FROW HOMESTEAD, as recorded in Plat Book A, Page 21 of the Public Records of Dade County, Florida (Metes -and -bounds description on file in Hearing Boards Office Building and Zoning Department), from Single Family 10790 Residential to Restricted Commercial, and retaining a 1 foot strip abutting within and along the southwesterly boundary of said triangular parcel with the existing Single Family Residential designation. 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; o. 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 d. 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, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole. -2- 10790 r I ll f I w Seotion 6. This Ordinanoe shall beoome effeotive forty-five (48) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 26th day of April 1 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of September , 199,� �1 ATT TY HIRAI CITY CLERK PREPARED AND APPROVED BY: 4�gw JO L E. MAXWEL C IEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4 JOME L;. FERNANDEZ CITY ATTORN JEM/db/M691 XAVIER L.ISeAREZ, -3- 10790 DECLARATION OF RESTRICTIONS This is a Declaration of Restrictions (the "Declara- tion") made this to day of June, 1990 by David Hill and Christine C. hill (the "Owners") in favor of The City of Miami, a municipality of the State of Florida (the "City"). RECITALS The Owners are the owners of the real property legally described on Exhibit "A" attached to this Declaration (the "Property"). The Owners are presently applicants before the City of Miami Commission for a change of zoning classification for the Property. The Owners desire to develop the Property in a manner compatible with the surrounding properties and in order to ensure that such compatible development does in fact occur, the Owners make the following Declaration of Restrictions covering and running with the Property: 1. Limitation on Use. Notwithstanding the SPI-2 zoning classification on the Property, the use of the Property shall be limited solely to real estate and related office uses; provided however, if the legal non -conforming use established pursuant to paragraph 4 of this Declaration is ever discontinued and abandoned, the use of the Property shall be limited to single family residential use. 2. Limitation on Structure. The building plans and specifications permitted by the City of Miami, pursuant to Building Permit No. 87-5258, issued on May 27, 1987, on file with the City of Miami BuildDep tment, depict the bugmiRed into t o public reco_d in connection with iten Z�/-) on %01Z 7190 Tviatty Hirai City Clerk 10790 maximum usage permitted on the Property. No enlargement of height, square footage or floor area ratio or reduction of setbacks shall be permitted. 3. Limitation on Expansion of Property. The Property shall not be used in conjunction with an adjoining lot or lots and shall be deemed a separate and distinct lot. 1 4. Creation of Non -conformity. The Owner hereby agrees that within thirty (30) days of the recording of this Declaration, he will file with the City all necessary applications to rezone the Property to an R-1 zoning classification (under Ordinance No. 11000) and to re -designate the Property to a "Residential/Single Family" Comprehensive Neighborhood Plan designation. The purpose of these applications is to create a legal non -conforming use for the Property which will allow for the continued use of the existing structure in accordance with the terms of this Declaration. The Owner further agrees that in the event he fails to comply with this obligation, that he will not oppose or object to any action by the City to rezone and designate the Property for the foregoing purpose 5. Binding Effect. The restrictions set forth in this Declaration during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the public welfare. This Declaration on the part of the Owners shall constitute a covenant running with the land and shall, at the cost of the Owners, be recorded in the, public records of Dade County, Florida, and shall remain in full jforce and effect and be binding upon the Owners, their heirs, Submitted into the public ' -2- 1 recor -WoziReatieft, *A d6cs Ab+ r hevc. r0"re^11 ouNnern.. 4 kk c. resrons;10 item.- � in:�to�•� ��'►� cGzer,.�� �n� Comprti�a.�+S�vt ?\awe c.mt�m�n�' aP�,ing. 73 on 2 qo Matty Hirai 10790 City Clerk successors and assigns until such time as it is modified or released. 6. Term. This Declaration is to run with the Property and shall be binding on all parties and persons claiming under them for a period of thirty (30) years from the date it is recorded, after which time it shall be extended automatically for successive periods of ten (10) years, unless an instrument signed by a majority of the then owner(s) of the Property has been recorded agreeing to change the Declaration in whole, or in part, provided the Declaration has first been released by the City. 7. Modification. This Declaration may be modified, amended or released as to the Property or any portion thereof, by the owner(s) of the fee simple title to the portion of the Property to be affected by such modification, amendment or release provided that the same is also approved by the City Commission or City Zoning Board (whichever by law has jurisdiction over such matters) after public hearing. Should this Declaration be so modified, amended or released the Director of the City Building and Zoning Department or Zoning Administrator, or his successor shall forthwith execute a written instrument effectuating and acknowledging such modification amendment or release. Notwithstanding the foregoing, no request to modify, amend or release this Declaration shall be considered by the City until 75% of the residential property owners within 375 feet of the Property have provided written consent to such modification, amendment or release. Submitted into the public record in connection with item L—:Jon 9 i21 o Matty Hirai City Clerk -3- 10'790 B. Inspection and Enforcement. Enforcement shall be by action at law or in equity against any party or persons violating or attempting to violate any covenants contained in this Declaration, either to restrain violation or to recover damages. The prevailing party in such action or suit, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of his attorney. Enforcement may be exercised by the City or other property owner within 375 feet of the Property. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours to determine whether the conditions of this Declaration are being complied with. 9. Severability. Invalidation of any one of the provisions of this Declaration by judgment of court shall not affect any of the other provisions, which shall remain in full force and effect provided, however, such invalidation may be grounds for the City to amend the zoning and/or land use regulations applicable to the Property. Signed, sealed, executed and acknowledged this lja�OA day of June, 1990. WITNESSES: Submittea into the public record in connection with item PZ - 15 on ci .2 r 5. , Matty Hirai City Clerk -4- D4 j-- avid Hill �f,C.Px'T tD n Christine Dill f0790 ACKNOWLEDGMENT 1 State of Florida 5S County of Dade ) eared I hereby certify that on this day personally ap peared authorized to administer oath s and before me, an officer duly to me well take acknowledgments, David Hill and Christine Hill, i wn to be the persons described in and who executed the same kno freely and voluntarily for the purposes therein expressed. Witness my hand and official seal at Miami, Dade day of June, 1990. Florida this L Y Gounty, Notary Public, State of Florida 'i My Commission Expires: RANDALLLHILL OBONDED State of Florida 073RL0691E ����3 Submitted into the public record in connection with item P z- r 3 on /5'0 Matty Hirai City Clerk -5- 10790 EXHIBIT "A" A parcel located at approximately 3560 Main Highway known as the "Old House" site and more particularly described as beginning at a pipe set in the NWly line of Main Highway, formerly known as County Road, which pipe is North 45 degrees West a distance of 186.5' from a pipe in concrete in a rock wall marking the Southeast corner of the Northeast 1/4 of the Southwest 1/4 of Section 21, Township 54 South, Range 41 East, Dade County, Florida, said Southeast corner being the so-called agreed corner referred to in an instrument and marked on a Plat recorded in Deed Book "D", Page 251 to 253 of Dade County Public Records; thence proceed North 45 degrees 31 minutes 45 seconds West 108.20 feet to a point on the South line of Franklin Avenue; thence proceed North 89 degrees 39 minutes 00 seconds East along the said South line of Franklin Avenue 145.15 feet to its intersection with the Northwesterly line of Main Highway, as it now exists, thence proceed South 41 degrees 32 minutes 15 seconds West along said Northwesterly line of Main Highway 102.45' to the Point of Beginning; the enclosed triangle containing portions of Lots 2, 3, 4 and an un-named street as shown in Roberts Subdivision of the Frow Homestead and recorded in Plat Book A, Page 21, of the Public Records of Dade County, Florida. 1DCO221SJH Submitted into the public record in connection with item 2 - 3 on Sl-,t -7 lS'a Matty Hirai City Clerk 10790 Alfth, 0 go CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM FROM ' Irma M. Abella Assistant City Attorney DATE : October 24, 1990 FILE : A-90--172 SUWECT : Zoning Covenant David and Christine Hill REFERENCES: ENCLOSURES: Enclosed is the original Joinder of Mortgagee on the above referenced matter for your records. When this covenant gets recorded, please let us have a copy of the recorded covenant. IMA/lb/P195 z5 a -: C CR M Fn ai W JOINDER OF MORTGAGEE The undersigned, First Union National Bank of Florida f/k/a Commercial Bank of Kendall, under that certain mortgage from David Hill and Christine Hill recorded in Official Records Book 13023 at Page 1897 of the Public Records of Dade County, Florida, in the original amount of $1,000,050 covering all or a portion of the property described in the foregoing Declaration of Restrictions, does hereby acknowledge that the terms of the foregoing Declaration of Restrictions are and shall be binding on the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this 12th day of June, 1990. ATTEST: First Union National Bank of /7 Florida f/k/a Commercial Bank of Kendall f , Secretary By - Assistant (SEAL) Vice President State of Florida ss: County of Dade j The foregoing instrument acknowledged before me this 12th day of June, 1990 by , Assistant Vice President and '- ►1^ , ��' w'= �- , �kss I i Secretary of First Union National Bank of Florida f/k/a Commercial Bank of Kendall, a Florida corporation, on behalf of the corporation. 3DC0423SJH 0810fS0001 Li L N L1 LLj Notary Publ-f-c /'/ State of Florida at Large NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: JAN. 2, 1993, BONDED THRU NOTARY PUBLIC UNDERWRITERO: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : IRMA M. ABELLA DATE : October 23, 1990 FILE Assistant City Attorney Department SUBJECT: Zoninp,_Application David_ and Christine ;� Hill— ------------ ffio FRO TTY HIRAI REFERENCES Your memo of 10/11/90 City Clerk ENCLOSURES � 1 > Enclosed is copy of Ordinance 10790 and all documents on file pertaining to same in connection with an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000 for property located at approximately 3560 Main Highway. In answer to your memorandum dated October 11, 1990, we find the Declaration of Restrictions and Exhibit A. We do not see the Joinder of Mortgagee. If we can be of further assistance, please let us know. MH:sl 17 RECEIVED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM a30 UV To : Matty k4af City CY GLERK rl� { OF WlhmL Fj.A. FROM : Irma M . Abell a Assistant City Attorney DATE SUBJECT REFERENCES: ENCLOSURES: 11 October 11, 1990 FILE: A-90-172 i Zoning Application David and Christine Hill Enclosed are copies of Eileen Ball Mehta's letter of October 4, 1990, on the above -referenced matter, and of my reply letter dated October 11, 1990. Please advise if the Declaration of Restrictions made reference to in Ms. Mehta's letter is in fact in your possession, and if it contains both Exhibit "A" and the Joinder of Mortgagee made reference to in my letter. IMA/lb/P177 2 Fine Jacobson Schwartz Nash Block & England 100 Southeast 2nd Street Miami, Florida 33131-2112 i (305) 577- 4000 Fax (305) 577- 4088 t. October 4, 1990 Irma M. Abella, Esq. Assistant City Attorney City of Miami 1100 AmeriFirst Building One S.E. Third Avenue Miami, FL 33131 Re: Declaration of Restrictions - David and Christine Hill Dear Ms. Abella: In response to your letter to Stanley Price dated September 24, 1990, enclosed please find the original Joinder of Mortgagee which you requested. The original Declaration of Restrictions was handed to the City Clerk, Ms. Hirai, at the City Commission meeting of September 27, 1990. Please let us know when the Declaration has been recorded in the public records. Thank you for your assistance. Si erely, //- to 17 ileen Ball Me wprl:3lt1004ebm.90/mp Enclosure Barnett Bank Plaza • Suite 1100 Barnett Bank Building . Suite 348 One East Broward Boulevard 315 South Calhoun Street Ft. Lauderdale, Florida 33301-1800 Tallahassee, Florida 32301-1836 (305) 462-2800 (904) 681-9500 Fax (305) 527-8747 Fax (904) 681-6651 IR W JOINDER OF MORTGAGEE The undersigned, First Union National Bank of Florida f/k/a Commercial Bank of Kendall, under that certain mortgage from David Hill and Christine Hill recorded in Official Records Book 13023 at Page 1897 of the Public Records of Dade County, Florida, in the original amount of $1,000,050 covering all or a portion of the property described in the foregoing Declaration of Restrictions, does hereby acknowledge that the terms of the foregoing Declaration of Restrictions are and shall be binding on the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this 12th day of June, 1990. ATTEST: First Union National Bank of Florida f/k/a Commercial Bank of Kendall /«Secretary By - ,�� ,• ssistant [SEAL] Vice President State of Florida ss: County of Dade j The foregoing instrument acknowledged before me this 12th day of June, 1990 by , Assistant Vice President and �. I� �� ��` • , ;1 , �SKa 1 S r�yJ i Secretary of First Union National Bank of Florida f/k/a Commercial Bank of Kendall, a Florida corporation, on behalf of the corporation. Notary Public 7 State of Florida at Large 3DC0423SJH 08104 .0001 NOTARY PUBLIC, STATE OF FLORIDA. MY COMMISSION EXPIRES: JAN. 2, 1993. BONDED THRU NOTARY PUDLIC UNDERWRITERS.' JORGE L. FFRNANI)F7 i City Anurovy ��y, (305) 579-6700 Folr(e)piVt: (305) 374-4730 October 11, 1990 Eileen Ball Mehta, Esquire Fine Jacobson Schwartz Nash Block & England 100 Southeast 2nd Street Miami, Florida 33131-2112 Re: Zoning Application David and Christine Hill Our File No. A-90-172 Dear Ms. Mehta: Please advise if the original Declaration of Restrictions made reference of in your letter of October 4, 1990, on the above -referenced matter includes both the Joinder of Mortgagee enclosed with your letter and Exhibit "A", providing the legal description and street address of the property subject to the restrictions, since the copy of said Declaration of Restrictions on file with our office does not contain either document. Sincerely, Irma M. Abella Assistant City Attorney IMA/lb/P178 cc: Matty Hirai City Clerk OFFICE OF THE CITY ATTORNEY/ 1100 Anvil ir.t Buddin} ,0m, Sou1hv&,1 Third Avonue/Miami, Florida 33131 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: M tty Hirai, City Clerk DATE September 28, 1990 FILE City erk's Off ce SLIWECT: Items PZ-1 and 13; City Commission Meeting of September 27, 1990 FROM Sergi 0 z, Directo REFERENCES: Plan ing, Buil ing and Zo ing Dept. EIJCLOSURES Your assistance is requested in expediting the execution of resolutions pertaining to items PZ-1 (J 90-255) and PZ-13 (J 90- 155) of the City Commission meeting of September 27, 1990. As usual, and with your input, this department will send a package of material to the Florida Department of Community Affairs (DCA) per §§163.3184 (7) F.S. Receipt of these packets in Tallahassee will trigger a 45-day period during which DCA may find these amendments not to be in compliance with Florida Growth Management LegislationT§§163.3161 F.S.) and which finding will trigger further administrative hearings. Your cooperation is appreciated. SR/vh vh/90:160 cc: Roberto Lavernia Planning, Building and Zoning Department rZ � : r r :• w 10 790 SERGIO RODRIGUEZ Director May 17, 1990 (4ifR ja r t sh 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: Transmittal of Amendment Application No. 90-2, to the Miami Comprehensive Neighborhood Plan 1989-2000. Dear Mr. Hook: The City of Miami is transmitting to the DCA the required "Checklist" of information for Amendment Application No. 90-2, to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), as required by Rule 9J-11.006, F.A.C.. This proposed amendment is a small scale development activity and, according to Ch. 163.3187, can be submitted without regard to statutory limits on the frequency of consideration. Amendment Application No. 90-2 changes the land use designation of the parcel at approximately 3560 Main Highway and 3227 Franklin Avenue from "Residential --Single Family" to "Commercial --Restricted." Enclosed please find the following information for the amendment: a) A response to the checklist provided by the Department of Community Affairs (DCA), through Rule 9J-11.006, F.A.C. (Attachment 90-2 A); b) An analysis of the availability of and demand on public facilities (Attachment 90-2 B); c) An analysis of the compatibility of the proposed land use change with the land use element goals, objectives and policies, as well as those of other affected elements (Attachment 90-2 B); d) A map illustrating the boundary of the subject property and its location in relation to surrounding streets, and thoroughfare networks; and the present land use designations of the property and abutting properties (Attachment 90-2 C); and 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 10790 Mr. Ralph Hook, Camainity Programs Administrator e) 5 copies of support documents, including the proposed draft ordinance, on which recommendations are based (Attachment 90-2 0). If you have any questions regarding this transmittal, please contact Joseph W. McManus at (305) 579-6086. Sergio odriguez, Drector� Plannin , Building & Zoni,"lDepartment SR/rl Attachments cc: Guillermo E. Olmedillo, Deputy Director Planning Department Joseph W. McManus, Assistant Director Planning Department Elbert L. Waters, Assistant Director Planning Department David Whittington, Chief Comprehensive Planning Division &.-Clark Turner, Planner Comprehensive Planning Division Harold Ruck, Planner Comprehensive Planning Division Robert Lavernia Comprehensive Planning Division Doc: [exp]<robert>transm/90-2 Page 2 of 2 10790 PZn13 PLANNING FACT SHEET APPLICANT Stephen J. Helfman, Esq., Attorney for Owners - David and Christine C. Hill February 5, 1990 PETITION 1. APPROXIMATELY 3560 MAIN HIGHWAY AND 3227 FRANKLIN AMENUE Lot 2 Block 1 THE ROYAL GARDENS (20-3) P.R.D.C. and a triangular parcel, containing portions of lots 2, 3, 4 and vacated un-named street r.o.w. ROBERTS SUBDIVISION, FROW HOMESTEAD (A-21) P.R.O.C. (Metes -and -bounds description on file in Hearing Boards Office Building and Zoning Department.) Consideration of amending Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, Future Land Use Plan Map, by changing the land use designation of the subject property from Single Family Residential to Restricted Commercial. REQUEST To change the Future Land Use Plan Map designation of the subject property from Single Family Residential to Restricted Commercial. PLANNING DEPARTMENT RECOMMENDATION Denial. BACKGROUND This amendment qualifies as a small scale amendment" and if approved could be immediately transmitted to the Florida Department of Community Affairs. PAB 2/21/90 Item #1 Page 1 of 3 10790 ANALYSIS This two parcel site comprises 0.308 acres on both the north and south side of Franklin Avenue in Coconut Grove. The southern parcel is at the southwest corner of Franklin and Main Highway. Both parcels are in an area designated Single Family Residential according to the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) Future Land Use Plan Map. This category permits single family residential uses, along with supporting uses. The proposed change to a Restricted Commercial designation would allow commercial activities, along with residential uses up to high density. This proposed change would not be consistent with either the existing low density residential land use pattern in the area or the future land use pattern as depicted on the Future Land Use Plan Map. The proposed change would permit more intense commercial uses to intrude into the existing homogeneous residential neighborhood. This type of intrusion is contrary to the goals, objectives and policies established in the MCNP which require the City to:­1)- protect .all areas from encroachment of incompatible land uses; 2) protect and enhance the general appearance and character of the City's neighborhoods; and 3) control office, commercial and industrial land development which negatively impact residential neighborhoods. The MCNP also requires the City to encourage commercial and office development within existing commercial and office areas. The triangular parcel on Main Highway is more appropriately part of the residential block and should be developed as a residential parcel. A recently built single family structure at 3560 Main Highway is located on the site. The proposed change would serve as a deterrent to the improvement or development of adjacent residential properties in the area. The proposed change would increase traffic congestion which is already quite heavy in peak traffic hours along Main Highway. PAB 2/21/90 Item #1 Page 2 of 3 10790 The "Analysis of Proposed Comprehensive Plan Amendment" (attached) shows how this proposed amendment is contrary to the policies of the Comprehensive Plan and the existing land use patterns in South Coconut Grove. The proposed amendment meets concurrency requirements and level of 'service standards. (see Concurrency Management Analysis sheet, attached). PLANNING ADVISORY BOARD At its meeting February 21, 1990, the Planninq Advisory Board adopted Resolution Number PAB 10-g0 by a 8 to 1 vote, recommending approval of the above. Six proponents were present at the meeting, one opponent was present at the meeting. Ten replies against were received by mail. CITY COMMISSION At its meeting of April 26, 1990, the City Commission passed the above on First Reading, for the triangle property located at approxi- mately 3560 Main Highway only. PAB 2/21/90 Item #1 Page 3 of 3 10790 .3 ZoningMeeting 12/15/69 Conditional Use to permit accessor _Beard REQUEST parking lot with one ten feet (101� opening on Franklin Avenue, to be used in conjunction with restaurant facing Main Highway.. Zoned.R-2 (Two Family) under Ordinance 6871. ZONING BOARD Recommended. Res. 69-358. CITY COMMISSION Granted Conditional Use. Res. 41276 on Zoning Board Meeting 03/Q2/70 01/22/70. REQUEST Variance to permit construction of addition to existing restaurant with offstreet parking spaces 9' X 20', 10' X 20' required. ZONING BOARD Recommended. Res. 70-54. CITY COMMISSION Granted Variance. Res. 41408 on Zoning Board Meeting 04ZQ6/86 03/26/70. REQUEST Variance for the construction of a single family residence on 3560 Main Highway with 0' front yard, 10' required. - - PLANNING DEPARTMENT Approval. ZONING BOARD _.Granted Variance. Res. ZB 46-87. 10790 I i I 1 I r Zoning Board Me@tino 11/21/88 REQUEST Change of Zoning for lots 2,3,4,5 block 1 and the triangular parcel of ROBERTS SUB., FROW HOMESTEAD from RS-2/2 to SPI-2. PLANNING DEPARTMENT Denial. ZONING BOARD Continued to 12/05/88. Recommended denial of the application and only approval of the triangular site to RO-1/4. Res. ZB 150-88 on 12/05/88. CITY COMMISSION Continued to 02/23/89. Denied the zoning change, on 02/23/89. Granted a waiver to file a rezoning without waiting 12 months after the denial, on 03/23/89. 10790 �� I A c RESTRICTE I �FAMILY oil fl COMMERCIAL. A Ordinance 10544 MCNP 1989-2000 Plan Amendment 3560 Main Highway and 3227 Franklin Ave. From: Single Family Residential To: Restricted Commercial PAB 2/21/90 AS-46 AP-1-31; J-31 10790 - c i2 r3 14 IS Ili IT le 3 ! 10 21 12 113 N' I �' I MA AS PROP. • � • � • t10 11 • GRAND AVE two at. t7 Is 4,13 t2 11 9 4 T 4 a 4 3 ,2 1 C� 13 tZ 11 IQ Q ! 4 7 6 S 4 3 2 I' • • . • r THOMAS AVE 1 > 30 3 > 59 34 40 I 44 Sg 5756 55 54 a3 SI 50 491N4d • 4 - WILLIAM AVE 9 10 It 12 1 14 15 If 17 la 1 T `+ CAPITAL Gy 1 35 36 37 t 31 e , 41 42 45 46 47 BANK sue LiTTI V. In I F' to r r 12 I 3� ri 17 21 2 3 4 ! Z �• O, 4 i LA � nnelwa 4 s e . i �11Th .to 28 10 FRANKLIN AVE. 27 4 77 1 t j L01• % a 1 } 4 S e s 12 CAMP oy ,e e s �° IZ rs� '4 BISCAYNE 26 13 GG� ° • C. eI G. RO TS NE, Sus. 24 23 �� �. ► .'L 22 H0101 tsOrdinance 10544 � %C MCNP 1989-2000 Plan Amendment '110 3560 Main Highway and 3227 Franklin Ave. From: Single Family Residential To:Restricted Commercial 0 PAB 2/21/90 AS-46 AP-1-31; J-31 t O 7 9 9 17 �y"P .x ra.► Cat �,. >, wM rts �.'�� +i :: 4-t ` . " �'14.� 'tvr .. �• .�� '� i�.r � h�'�N.., n1�.'G kb �[^.�= ,. .`'ed,�.: r �+*'�_y.-. w#Y" t .. 41Ctl�' �k y.-.., .e�S`•{i ��', r.Y.'-�f' �.,.•'76ji�'" Y <. CHARLES•,�.�:,. - AVE �` f � �*� 9A� ��'7M 1i7•Mi"r� ����•. ��eTC y �ti. ,��t� •'. �'�11 'j '�• . ... 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'4'r""'� s--"`+a#.w pIs w�T�=�.t- �tr ,�.v AN .r . ` ' � y� 4•.. .� C� v ?.,•�� f is A r. - �'"� 'rt � �F . ,t.� � +',, r,� � r ,r}�v` �.'` Ordinance 10544 MCNP 1989-2000 Plan Amendment 3560 Main Highway and 3227 Franklin Ave. From: Single Family Residential To: Office PAB 2/21/90 AS - 46 AP-1-31; J-31 1A u a 21.X .M 5 w r r L 9 N C • Oweenruspes) M u N N 0 r p L S r j Fps 7j1,w Of ,TAM0Jwftrycp"A0= • ' SCH004 AWWAW • JN E it Ordinance 10544 MCNP 1989-2000 Plan Amendment 3560 Main Highw- and 3227 Frankli *ease Ave. From: Single jo Family Res. - To! Rest. comm. PAB 2/21/90 IW44" Nuamrs AS-46 71CAL /MST/rUrf I AP-1-31; J-31 10790 1'i t� f"tf 81,4M; �LANNrar,, ! � a 9n AUK 35 A STATE OF F L,-Q-&1L.D 44 DEPARTMENT OF COMMUPlI Y-*- + 2 7 4 0 CENTERVIEW DRIVE • T A L L A H A S S E E, FLORI D A 32 3 9 9. 2 1 00 BOB MARTINEZ Govsmor August 29, 1990 The Honorable Xavier L. Suarez, Mayor City of Miami Post Office Box 330708 Miami, Florida 33128 Dear Mayor Suarez: THOMAS G. PELHAM Sec N Q2r�•�r The Department has completed its review of the proposed Comprehensive Plan Amendment (DCA No. 90-S4) for the City of Miami, which was submitted on May 17, 1990. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. Z 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 amendments with changes, or reject the amendment. The process for adoption of amendments to local comprehensive plans 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 amendments; A copy of the adoption ordinance; A listing 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 EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT The Honorable Xavier L. Suarez August 29, 1990 Page Two A 'statement indicating the relationship of the additional 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 and a copy of the change report directly to the Executive Director of the South Florida Regional Planning Council. The.regaonal planning~'` councils have been asked to review adopted amendments to determine local comprehensive plan consistency with the Comprehensive Regional Policy Plan. Please forward these documents to the regional planning council concurrent with your transmittal to the Department. Your cooperation is appreciated in this matter. If you have any questions, please contact me or Robert Pennock, Chief, Bureau of Local Planning, at (904)487-4545. sincerely, A &Oevf q . M cu/t, Robert G. Nave, Director Division of Resource Planning and Management RGN/tfp Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Joseph W. McManus, Assistant Director, Planning Department Jack Osterholt, South Florida Regional Planning Council 10790 gb DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR CITY OF MIAMI PLAN AMENDMENT 90-S4 An ust 29, 1990 Dlr Sion of Resource Planning and Management Bureau of Local Planning 110790 This report is prepared pursuant to Rule 9J-it.ot, F.A.C. �� INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Miami proposed amendment to their comprehensive plan pursuant to 8.163.3184, F.S. Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code, and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compli- ance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non -applicability pursuant to Rule 9J- 5.002(4), F.A.C., must be submitted. The Department will make a determination on the non -applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. A. OBJECTION 1. 9J-5.006(3) (b13. This amendment (Application 90-2) is inconsistent with Goal 1, which states in part that the City will "Main- tain a land use pattern that protects and enhances the quality of life in the City's residential neighbor- hoods...." This amendment is inconsistent with object- ive 1.1, which states in part that the City will "En- sure land use regulations and development policies are consistent with fostering a high quality of life in all areas...." This amendment is inconsistent with Policy 1.1.3, which states in part that "Residential neighbor- hoods shall be protected from the encroachment of in- compatible land uses....This amendment is inconsist- ent with Policy 1.1.4 which states that "The City will increase its code enforcement efforts and continue the use of performance standards with the intent of pre- serving and enhancing neighborhood character." This amendment is -also inconsistent with objective 1.6, which states that the City will "Regulate the develop- ment of real property within the City to insure con- sistency with the goals, objectives and policies of the Comprehensive Plan and to reduce the number of land uses that are inconsistent with the City's Future Land Use Plan Map." Change the land use designation of the subject land to an appropriate land use designation which limits the authorized uses of the subject land to those which already exist and/or to uses which are less intense. 1 10790 .,2�2 B. COMMENTS According to a letter dated July 11, 1990 from the Metro -Dade Planning Department to the Department of Community Affairs, "...there exists an adequate supply of land used, zoned and office uses in this area of the .County to satisfy projected growth beyond the year 2000." CONSISTENCY WITH STATF_. COMPREHENSIVE PLAN A. OBJECTIONS 1. 911-5.021(1) This proposed amendment is not consistent with Policy 16(b)3. of the State Comprehensive Plan because the permissible land uses authorized by the.proposed amend- ment would not enhance the livability and character of the land adjacent to the subject sites. Recommendation Change the land use designation of the subject land to one which would be more nearly consistent with State Comprehensive Plan Policy 16(b)3. B . COMMENTS None A.' OBJECTIONS 1. 9J-5. 021 ('t ) This amendment is not consistent with Regional Goal 58.1 which states that "Beginning in 1987, all land use plans and development regulations shall consider the compatibility of adjacent land uses, and the impacts of land uses on the surrounding environment." The City has not addressed those issues in the proposed amendment. 10790 2 Ql Recommendation Given the fact that the proposed land use change would permit the development of a hotel or high -density hous- ing, expand the analysis to include a more specific dis- cussion of the compatibility of adjacent land uses and the impacts of land uses on the surrounding environment. B . COMMENTS None 10790 g� SERGIO RODRIGUEZ Director September 10, 1990 CESAR H. ODIO City Manager Mr. Robert G. Nave, Director Division of Resource Planning and Management State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 RE: City of Miami Plan Amendment 90-S4 Dear Mr. Nave: This letter confirms our understanding, per telephone conversation with Mr. Tom Faughn of your Department, that your amendment number "City of Miami Plan Amendment 90-S4" represents and is inclusive of two Comprehensive Neighborhood Plan Amendments submitted by the City of Miami, and numbered 90-2 and 90-4. It is our further understanding that each of the Objections, Recommendations, and Comments contained in your ORC Report for 90-S4 apply equally and individually to our amendments numbered 90-2 and 90-4. May we suggest that, in the future, the City's amendment number(s) be referenced in your ORC Report. Thank you for your consideration. Sincerely, Sergi Ro�guez,irector Plan ing, Building and Zo ng Department SR/vh vh/90:142 10790 9h PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street/Miami, Florida 3312E/(305) 579.6M ,,a."t— Address . Px)- am 3307D11 / Miami. florida 33233.0705 01.11eitla af �tauti' SERGIO RODRIGUEZ Director September 17, 1990 Mr. Robert G. Nave, Director Division of Resource Planning and Management State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 _ CESAR H. ODIO City Manager RE: DCA Plan Amendment 90-S4 Objections, Recommendations and Comments Report City of Miami Plan Amendments 90-2 and 90-4 Dear Mr. Nave: This letter is in response to DCA's Objections, Recommendations and Comments (ORC) Report dated August 29, 1990, on the City of Miami Comprehensive Neighborhood Plan (MCNP) Amendment 90-S4 (City of Miami amendments numbered 90-2 and 90-4). a City of Miami Plan Amendment 90-2, approximately 3560 Main Highway and 3227 Franklin Avenue is comprised of two parcels, which together are less than one- third acre in size. These parcels are separated by Franklin Avenue, at the start of the residential portion of Main Highway, a scenic transportation corridor and state designated historical highway. The north paracel is used as a parking lot for a restaurant. On the south parcel, a small building which had been used as a de -facto real estate office was demolished; a new single-family residential house was built; office use continued in the residential building which was then the subject of a violation hearing before the Code Enforcement Board. The applicant seeks to legitimize this office use of a residential structure through this amendment. The parcels are simply too small, divided as they are, and will be constrained by zoning, from representing the threat to the residential area visualized by DCA. City of Miami Plan Amendment 90-4, approximately 2490-2679 N.W. 18th Terrace, is a historical anachronism comprised of a dozen houses on a small 2.27 acre peninsula where the residents have enjoyed a life style which combines working on boats and living on the same premises. The Miami Comprehensive Neighborhood Plan 1989-2000 designated the areas as duplex, and the Planning, Building and Zoning Department had followed up by recommending a zoning change from Waterfront/Recreational (including industrial type uses) to duplex Page 1 of 3 107909.' otJ PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-ti086 Mailing Address - P.O. Box 330708 / Miami, Florida 33233.0705 Mr. Robert G. Nave, Director September 17, 1990 Division of Resource Planning and Management residential, which the residents viewed as an unwelcome intrusion into this life style. It is unlikely that this group of a dozen families working on their boats represents the threat to surrounding areas visualized by DCA. DCA objects to the proposed re -designations of properties now classified as residential to what appear to be more intensive land use categories, namely from Single -Family Residential to Restricted Commercial in 90-2, and from Duplex Residential to Industrial in 90-4; and recommends that the City "Change the land use designation of the subject land to an appropriate land use designation which limits the authorized uses ... to those which already exist and/or to uses which are less intense". The City of Miami response to this Objection, presented in detail below, concludes that-(11 the. properties- - proposed for redesignation possess an unusual set of conditions that do not exactly match any of the City's adopted land use categories, thus requiring the City to propose "best match" redesignations; and (2) while the proposed redesignation may appear to allow greater intensity of land use, it is, in fact, appropriate for the present use of the land, and it is the City's best planning judgement that redesignation will not .result in any significant increase in land use intensity over that which presently exists. The City has no argument with DCA's citation of various MCNP Objectives and Policies that argue for enhancement of quality of life in the City's neighborhoods, protection against encroachment by incompatible uses, and reducing the number of land uses that are inconsistent with the City's Future Land Use Plan Map, and the City is aware that the proposed redesignations of land use might appear to be contradictory to those Objectives and Policies. Closer examination, however, will reveal these following exceptional circumstances supporting the City's decision to redesignate the land use: 1. The properties proposed for redesignation possess an unusual set of conditions that do not exactly match any of the City's adopted land use categories, thus requiring the City to propose "best match" redesignations. In the case of 90-2, the property had for years been a non -conforming office use on the edge of a residential setting; and the aplicant seeks to continue this office use in a new structure. The proposed redesignation simply acknowledges that reality by officially sanctioning it. In the City's best planning judgement, the property does not lend itself to redevelopment to the maximum densities permitted under the proposed designation; hence, it is effectively limited to continuance of substantially the present use. In the case of 90-4, the property is a small peninsula -- virtually an island -- in the Miami River. The area, called "Paradise Point, has, since its beginning, been occupied by resident owner -operators of river -related businesses, most of which are light industrial in nature and are essentially operated out of what appear to be homes, garages, and small warehouses and workshops. The Page 2 of 3 10790 Mr. Robert G. Nave, Director September 17, 1990 Division of Resource Planning and Management neighborhood's people -- many of them second -and -third -generation residents -- are collectively self-sufficient and suspicious of government meddling. It is the City's judgement that the "best match" of existing use among the adopted land use categories is Industrial. 2. While the proposed redesignation may appear to allow greater intensity of land use, it is, in fact, appropriate for the present use of the land. In the case of 90-2, the subject property comprises less than one-third acre, divided into two parcels -- one of them triangular -- separated by a street. The detailed zoning requirements governing these parcels preclude redevelopment significantly beyond the present land use; hence, it is the City's best planning judgement that the proposed redesignation will have no substantial consequence beyond existing conditions. In the case of 90- 4, the 2.27 acres and a dozen or so buildings that. cemprise '-'Paradise. Point" are, in the City's best judgement, unlikely candidates for redevelopment under any realistic circumstances, and the neighborhood is likely to continue in its present use for the foreseeable future. These judgements and conclusions are supported by MCNP Goals, Objectives and Policies as follows: in the Land Use Element Objective 1.3, Policy 1.4.13 (old number) 1.4.10 (new number); Hour-iny Element Policies 1.1.5, 1.1.7, 1.2.11 2.1.2, and 2.12.1 (old) 2.1.4 (new); Port of Miami River sub -element of the Ports, Aviation and Related Facilities Element Policy 3.1.1. The City believes that its proposed redesignation of these properties is consistent with the Goals, Objectives and Policies of the MCNP and with sound principles and practices of land use. Moreover, the City believes that -these redesignations are effectively consistent with the OCA recommendation that the designation of land use "limit the authorized uses of the subject land to those which already exist and/or to uses which are less intense". We hope these explanations are sufficient to support the City's position in response to your Objections. If you have any questions or require further information, please contact Joseph W. McManus, Assistant Director, at (305) 579-6086. SincereTyc Sergi Rodri Direc or ' cc: Ooseph W. McManus Clark P. Turner Page 3 of 3 10790 9k P A 8 - ITEM#1 February 21, 1990 RECOMMENDATION The Planning Department recommends denial of the proposed comprehensive plan amendment requesting a land use designation change from "Residential -- Single Family" to "Commercial -- Restricted". DISCUSSION The subject 0.308 acre site is comprised of two_ parcels_ at..approx.imately 3560 Main Highway and -3227 Franklin Avenue, and is located on the southwest and northwest side of the intersection of Main Highway and Franklin Avenue. The lot on Franklin Avenue is in the CD Target Area of the Coconut Grove Planning District. The adopted Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP), Future Land Use Plan Map, designates the parcel as "Residential--- -Single Family". - This same land use designation is to the north, west 'and south while the "Commercial Restricted" land use designation is to the east. MCNP Land Use Policy 1.6.1. states that the "Interpretation of the Future Land Use Plan Map" establishes permissible land uses within each category. The "Residential -- Single Family" land use category permits single family structures as well as supporting services such as day care, homes, parks and community -based residential facilities. The "Commercial -- Restricted" category accommodates commercial activities that generally serve the daily retailing and service needs of the public, typically require easy access by personal auto. This land use is restricted to areas directly served by arterial, collectors roadways or directly accessible via Metrorail. Residential uses up to high density multifamily, including hotels, are also permissible within this land use category. Commercial uses include general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities whose scale and land use impacts are similar in nature to those uses described above. Page 1 of 3 10790 /,d Other permissible land uses include motels and hotels, residential facilities, offices major sports, exhibition or entertainment facilities. Mixed -uses of commercial, office and/or residential are also permissible within this land use designation. Since the "Commercial -- Restricted" land use designation permits residential uses up to high density multifamily, residential densities on the parcel could rise from an existing "low density" of about 9 du/a to a "high density" of about 100 du/a. The attached Concurrency Management Analysis Sheet "Impact of Proposed Change to Land Use Map" addresses this "worst case" scenario. The Planning Department contends that the increased densities created by this amendment are not consistent with the future low density land use pattern that is proposed for the area. A change such as this is also in conflict with certain other policies of the MCNP. Land Use Policy 1.1.3. requires that all areas of the City be protected from encroachment of incompatible land uses. Housing Policies 1.1.5. and 1.2.7. require the City to preserve and enhance the general appearance and character of the City's neighborhoods. Housing Policy 1.1.7. requires that the City control large scale and/or intensive commercial and industrial land development which may negatively impact residential neighborhoods. Land Use Objective 1.3. requires the City to encourage commercial, office and industrial development within existing commercial, office and industrial areas. These policies support the position that the existing land use pattern in this neighborhood should remain the same. In addition, Land Use Policy 1.1.1. requires development or redevelopment, that results in an increase in density or intensity of land use, to 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) Policy 1.2.3.. The principal roadways serving the parcel are Main Highway and Franklin Avenue. According to Transportation Policy 1.1.3.3. �1) Roadway segments may operate below the applicable minimum if they are either legislatively constrained; (2) less than one mile in length, and where adherence to the City's land use plan assures that no significant deterioration to traffic levels of service will occur as the result of additional development along such roadways segments". Such roadway conditions apply to Main Highway which is currently LOS F according to traditional V/C Methodology (V/C=1.30). The attached Concurrency Management Analysis Sheet demonstrates that, while there would not be a significant deterioration of the traffic circulation's LOS, there would nonetheless be an increase in traffic on this congested roadway. (The existing V/C of 1.30 is permitted to degrade by 10% to 1.43 before "significant deterioration" is judged to occur. The proposed amendment would cause a degradation to 1.34 and is therefore within the maximum allowable). No other levels of service would be reduced below minimum levels. Page 2 of 3 10790 e� S Ch. 163.3187 (1)(C)3, F.S. 1987, allows amendments to be considered as small scale development activities which may be approved without regard to statutory limits on the frequency of consideration as amendments to the local comprehensive plan, provided the land use category is not residential, the area is 3 acres or less, and the cumulative effect does not exceed 30 acres annually on a calendar year basis. In this case, the parcel is less than 3 acres, the land use category "Commercial -- Restricted" is not residential, and the total cumulative effect is less than 30 acres. If approved by the City Commission for transmittal at first reading, the amendment could immediately be sent to the Department of Community Affairs for their comments. Page 3 of 3 10790 c CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Change No. 90.2 IMPACT OF PROPOSED CHANGE TO LAND USE MAP Date 01/23/90 ---------------------------------------------------------------- . AMENDMENT INFORMATION -----------------------------------------------------------------: .......................................................... CONCURREN:Y ANALYSIS , Applicant: Stephen J. Helfman, agent for : ......... -................................... RECREATION AND OPEN SPACE ............ : David and Christine Hill Population Increment 7: Address: 3560 Main Hignvay and Space Requirement, acres 0.09 : approx. 3227 Franklin Avenue Excess Capacity Before Change 55.24 Boundary Streets: There are two parcels, one on the Excess Capacity After Change 55.15 north side of Franklin Street, : Conturrency Checkoff OK , the other on the south side. .........................................................: Main Highway is the eastern and : POTABLE WATER TRANSMISSION , southern boundary street. : Population Increment, Residents 72 Transmission Requirement, gpd 16,136 : Planning District: Coconut Grove Excess Capacity Before Change )2I above demand Excess Capacity After Change )21 above demand Maximum LU Intensity: Concurrency Checkoff OK Existing 0.308 acre& 4 9 DU/acre 3 DU's . -------------------------------------------------------- . Proposed 0.308 acres 8 100 OU/acre 31 DU's : SANITARY SEWER TRANSMISSION , Population Increment, Residents 72 Net Increment With Change: Transmission Requirement, gpd 13r 327 , : Population 72 Excess Capacity Before Change )2I above demand Dwelling Units 28 Excess Capacity After Change )21 above demand : Sq.Ft. Floor Space N/A Concurrency Checkoff OK : County Wastewater Collection Zone 310 ---------------------------------------------------------: STORM SEWER CAPACITY , : Drainage Subcatcheent Basin N/A Exfiltration System Before Change On -site : Solid Waste Collection Route 46 Exfiltration System After Change On -site : Concurrency Checkoff — OK_ TransportationCorridor Name Not in Transportation : .......................................................... Corridor . SOLID WASTE COLLECTION ; Type Population Increment, Residents 72 Solid Waste Generation, tons/year 92 .................................................................. Excess Capacity Before Change >500 : SIGNIFICANT MCNP GOALS, OBJECTIVES, POLICIES SUPPORTING AMENDMENT: Excess Capacity After Change )400 Concerrency Checkoff OK Land -Use Policy 1.1.1 ........................................................... —: CIE Policy 1.2.3 TRAFFIC CIRCULATION Population Increment 72 , Peak -Hour Vehicle -Trips 1 1.3 ppv 61 LOS Before Change F: V/C : 1.30 (Maximum allowable: LOS After Change F: V/C : 1.34 V/C : 1.43) , Concerrency Checkoff .......................................... OK _ : ASSUMPTIONS AND COMMENTS ----........... . , Population increment is assumed to be all new residents. : Peak -hour person -trip generation assumed to be 1.1 per . resident. Potable water and wastewater transmission capacities are in accordance vith Metro -Dade County : stated capacities and are assumed correct. Service connections to water and sever mains are assumed to be of: adequate size; if not, new connections to be installed at: : owner's expense. Recreation/Open Space acreage and : : Traffic Circulation VIC balances assume maximum allowable: : development; subject to adjustment when permit is issued.: 10790 Gt� Fine Iacobson Schwartz Nash Bhi11 W England U=!! '..- •.• On* Cintrrust Flnartoiat L`;aw 100 Soatha o *W S~ Miami. FbrWa 3313&+r ,! .- (3015) 577-4000 Fax (3015) 577-4088 January 16, 1990 City of Miami Commission 3500 Pan American Drive Miami, FL 33133 Re: Application for Amendment to Zoning Atlas and Application to Amend the Miami Comprehensive Neighborhood Plan/3560 Main Highway - Dear Commissioners: Our firm represents David Hill and Christine Hill (the "Applicants") in connection with their Application for Amendment to Zoning Atlas (the "Zoning Application') and Application to Amend the City of Miami Comprehensive Neighborhood Plan (the "Land Use Application") which are before you for approval to allow for the extension of an existing Special Public Interest District on the property located at 3227 Franklin Avenue (the "Franklin Avenue Property") and the continued professional office use of the property located at 3560 Main Highway (the "Main Highway Property"). This letter is written in support of the Applicants' requests. The Main Highway Property is a .127 acre parcel located in the northwest corner of the intersection of Main Highway and Franklin Avenue. The Main Highway Property has continuously been used for office purposes since 1912. The Main Highway Property is improved with a new two-story residentially designed structure and is immediately contiguous to the SPI-2 zoning district. LAND USE APPLICATION The Applicants are requesting a re -designation of the Main Highway Property and the Franklin Avenue Property from the existing Residential (Single Family) classification to an Office Barnett Bank Plaza • Suits 1100 Barnett Bank Bu(/dGtg • Suits 348 One Eats Brainard Borboord 313 South Calhoun Street Ft. Lauderdels. Florida 33301 TaJidatsss. Florida 3R101 (303) 461-2800 (804) eel -9500 Far (305) U7.8747 F" foul MI AMI 10790 City of Miami Commission 16 0 3 •23 January 16, 1990 Page Two designation. The Office designation is consistent with the use of the Main Highway Property since 1912. The Main Highway Property is immediately contiguous to the land designated as Commercial (Restricted) and is located along Main Highway which is the major roadway through Coconut Grove. The existing Residential (Single Family) land use classification is incompatible and inappropriate for these properties located at one of the busiest intersections in Coconut Grove and accordingly, the proposed Office designation is requested. ZONING APPLICATION The Applicants are requesting that the Main Highway Property and the Franklin Avenue Property be rezoned to an SPI-2 zoning district which is the zoning district for the area immediately contiguous to these properties.".-Arthough- the Applicants are requesting the SPI-2 zoning classification, it is the Applicants' intention to limit the use of the properties to professional office use. This limitation will be imposed by a restrictive covenant to be recorded in the public records. The proposed use is compatible with the surrounding area and will not result in any adverse impact and will not cause a reduction in the capacity of any of the public services in the area. As noted above, the Main Highway Property has been put to office use since 1912 and no adverse impact to the area has resulted from that use. The structure now on the .Main Highway Property is an attribute and asset to the area and is recognized as an aesthetically positive addition to the neighborhood. We look forward to your approval of the requests and will gladly provide any additional materials or information you desire. Sincerely, Stephen. Helfman SJH/aw 08104.0001 1LT011ISJH 10790 i Application i Dates 4aut,44 CITY Of MIAMI . Jv r 4, /CIAO PLANNING DEPARTMENT 275 N.W. 2 STREET NIANI, FLORIDA 33123 APPLICATION TD AMEND THE MIAMI CMVREMSIVE NEIMNOW PLAN Section 62-17 of the Coda of the City of Miaeti, Periodic revie+a, additions and araenomettts to the adopted camprenensive plan,, reads as f o i l owes: Periodical iyg but not- lass often- than • cam is five (5) years- or more. often than • once in tars= (2) rears, adopted-- cmV. am ive- plans. or- a portion theresof- small be revietredw by the - planning advisory board- to datonsine- N oranges in the amount, kind or direction of - �-+ development- and grorcb of the city or- area �- thereoft or other- reasons, mmka:. it necessary- or _= bmWi ci a 1 to make additl ons or 2: to -- the comprehensive plans, or portion thereofs If citlr-cflmatssion.-.desires- An asr or addition, it atay, on its titer - motion, duet- the- p l anni ng deperawt- to prepare- such.- a�d■a for•- subMIS1018 to and- revierlby ties plaasior .. — advisort' board: The planning- advisom boatrd- shall make a recom�datlon on tM-pro0vsadrplan anoWmmet- to the, city cmdssiaa- within a reasonable time- as estab 1 i shades br - thy- city ca®Mssion. The procedure- for- re"sing, adding to or amending C=mmttensive plans or portions thereof• shal l he tits same. as the procedure - for - original adoption. This petition is proposed by: ( ) City Comsission ( ) Planning Aepar am ( 1 Zoning Board 4X ; Other-i, Pieria Specify= Stephen J. Helfman. Esc. (( on behalf of David and:Christm Hill The 11SOWt property is 10Cat8d at 3560 Main Hichway. ^oconlit (:*c•!a 'uiac;i% �, ,,..: a . e.Ao�oe•t.. 32t� �e�w.� �s av �. , � i eM i . �+� Q� va . ANO MORE PARTIC &Afty DESCRIBED AS: lo(s) see attached Exhibit "A" 10790 Blodc(s � rho under - signed Jnq the owner or the repress►. .tixe of the owner, of the subject property do(es) respectfully reauest the approval of the City of Miami for -the following a.�nenoment(s) to the Miami Comorenettsive Neighbornew Plan for the•above-describes property as indicated in the Lend Use Plana FRGMt Residential - Sinale Family TOt riff1-co Please susip l y a statement- i ndi eati ng why you. think the existing p 1 an designation Is i nappropri ate. The existing RessidentiaUSinale Family land' uId nraa desi4iiation is i i incompatible with the surrounding land uses and does not reflect the established use of the orooerty 'since. 1912. The Residential designation is incompatible with the abutting Commercial land use desianation and the commer-•, cial character of the abutting uses. Additionallv, the Residential Land use classification is inaRarenriate with the level of traffic on the abutting rn;dways. r Please supply a statement justifying your request to change the pl in to your requested plan designation. As indiyated.above, the oroperty is located at an intersection at which the level of service of the traffic is consistent with'an Office land use. Furthermore, the Office land use des ianation•establishes a buffer' bdtween the residential area to the west of the aroeerty and the commeicial district immediately to the east Qf the vrnnert�. ^_'he creation of this transitional buffer grLes is consistent with geed nlannincr n in.ifl a r+ a Ortion of F _sally. /th oro2e tv has been used for Qf_:ce +rneenc sinnp 1Q17 w;thnnt any adverse imnact Qn ;-he area Such u ace snide ces *te gas., d What is the acreage of the property being requested for a•change in plan designation? Pam- 2 of 3 10'790 107 [1 I .. Has the aas i gna in of this property oeen cnangr In use l ast yedr t No....•- Do you own any other property within Z00` of the subject prove-W Yes if yes• has this other property been granted a change. in plan des ignat on r:shin the last 12 months 'No " Have you made a companion application for a change of zoning for the subject property with the Planning and Zoning Boards Administration Oepartmeatt Yes Have you filed with the Planning and Zoning Boards Administration Oepartment: - Affidavit of Ownership? - List of owners of property within 315' of the subject property -Yes - Disclosure of owim-ship forte- Yes if not, please supply thee. NW Stephen J. Helfman. Esqu., c/o ins Jacobson Schwartz -Nash Block i England ADDRESS 100 S.E. Second St., 3•9th•Floor, Miami, Florida•'33131 - - PHONE (305) 577-4016 STATE OF FLORID) SSs=11M OF OW _ oil Stephen J. Aammn. -E=' - being duly iw",p depose vW;sap-that e Is -UM -(Merl utnorizee Agent for- Amer) of t1w-real pr*M W desCribed above: that he has read the -foregoing- ans:,ars- and• that tlfe-sawPW1W-tree-and co®piete; and (if 'acting as agent for owner) that he has authority tar unite this Petition on behalf of the owner-. SWORN TO AND SUBSCRIBED before me this ?A day Of 2181r U 1989,. .."'. Notary Rumic, 5tate of grioa at Carge Wf COMISSION EXPIRES: Computation of fee:- Receipt h 10790 /f HEAR''�• A F 7 0 A V T 7 sr=' of r ) -90 JAN 16 P 3 *-23 SS. C=4= CF DAM ) Before me. the tu•.tier•szs^�est aut:.crjt; , thiza day pemm1aj,' •j appeared stephen J. Helfman, Esa. who being by me fires duly sworn. upon oath. deposes and says: I. Inat he is the ^caner, or the legal representative of the owner, submitting the acca=Panying application: for a public hearing as reQdred by Ordinance No. 9500 of the Code of the" City of Miami, Florida. effect+ng the real property located in the City of Min= as described and listed on the pages attached to this affidavit and made a pare thereof. 2. That all owners' which he represents, if any, have given their full and ==Iete perzzzss= for him to act in their behalf for tha change or .:wi"l=i= of a c1 si:'-.:.,.:"ion or regul.3t:cyt of ar. ren -nun. In the ac= L-;.=jing , etition. 3. That the pages attached hereto and grade a part of this affidavit caataia the current names, =.r addresses, ph=e raanbers and legal desc.iptions for the real property which .he is thR owner or legaL representative. 4. The facts -as represented in the application and dcc=en .s suiomtted is conjtaietirn with this affidavit are true and correct. , Fumher AfSiaat sayeth not:. Sworn to and Subscribefore me this �,� day of 19 8 9 Notary Public. State of Florida at Iarge M .7 C=Lssion Expires: ' d4 141,91 OWNER'S LIST Owner's Name David and Christine C. Hill. Mailing Address 3540 Main Highway, Miami, FL 33133 Telephone Number ( 305 ) 448-0633/445-6556 Legal Description: See Attached Exhibit "A" 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 listed as follows: - • Street Address Legal Descriction 3540 Main Highway Miami, FL 33133 See Attached Exhibit "B" Street Address 3223-3257 Franklin Ave. Miami, FL 33133 Street Address Legal Description See Attached Exhibit "B" Legal Description 10790 FM r.J n r 1J tiE�+��"••� r DISCLCSL'F,E OF a.-NEFSWP iAN 16 P 3 23 w 1. Legal description and street address of subject real property: 3560 Main Highway, Aiami, FL 33133 3227 Franklin Avenue, Miami, FL 33133 See Attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Vote: City of Miami Ordinance Rio. 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 42 requires disclosure of all shareholders of norcorations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. tldsb,wa Am* W. 4 David and Christine C. Hill - 100$ 3540 Main Highway Miami, FL 33133 3. LeoLLL description and street addres- of any real proper: 0i) owned by any party listed in answer to question ar2, anti (b) located �-,.thin 375 feet of the subject real property. • 3540 Main Highway, Miami, FL - See attached Exhibit "B" 3223-3257 Franklin Ave., Miami, FL 33133 - See Attached Exhibit "B" UgEY FOR OAR , STATE OF FLORIDA ) SS: =Iay CF DADE ) Stephen J. Helfman, Esa. , being duly sworn, deposes and says tnat ne is the (140=1 (Attorney =or Owner) of the real property described in answer to question ail, 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. name) SWOR; TO AM S SCRIBED be=ore me this ;r« day of 199Q Q. n�.HInrOEGi J� •Ci�L�'`' Nctary Public, state_, or Florida at Large_ MY COMMISSI .s EXAMS: 10'790o n par-umi. Located at approximately 3560 Main Highway known as the "Old House" site and more particulary described as beginning at a pipe set in the NWly line of Main Highway, formerly known as County Road, which pipe is North 45 degrees West a distance of 186.5' from a pipe in concrete in a rock wall marking the Southeast corner of the Northeast 1/4 of the Southwest 1/4 of Section 21, Township 54 South, Range 41 East, Dade 'County, Florida, said Southeast corner being the so—called agreed corner referred to in an instrument and marked on a Plat recorded in Deed Book "D", Page 251 to 253 of Dade County Public Records; thence proceed. North 45 degrees 31 minutes 45 seconds West 108.20 feet to a point on the South line of Franklin Avenue; thence proceed North 89 degrees 39 minutes 00 seconds East along the said South line of Franklin Avenue 145.15 feet to its intersection with the Northwesterly line of Main Highway, as it now axis-ts,-- thence proceed South 41 degrees 32 minutes 15 seconds West along said Northwesterly line of Main Highway 102.45' to the Point of Beginning; the enclosed triangle containing portions of Lots 2, 3, 4, and an unnamed street as shown in Roberts Subdivision of the Frow Homestead and recorded in Plat Book A, Page 21, of the Public Records of Dade County, Florida. And Lot 2, Block 1 of "The Royal Gardens" Subdivision, according to the plat thereof, as recorded in Plat Book 20 at Paqe 3 of the Public Records of Dade County, Florida. a/k/a 3227 Franklin Avenue, Miami, Florida 33133 10790 L EXHIBIT "B" 3540 Main Highway, Miami, Florida 33133 Commence at the N.E. corner of Lot 26, Block 30 of Plat Book B-106; thence run East for 134.30 feet; thence run Southwesterly along the W/L of Main Highway for 141.58 feet to the Point of Beginning; thence continue Southwesterly along the W/L of Main Highway for 134.83 feet; thence run North along the E/L of Lot 1, Block 1, Plat Book 20-3 and the E/L of Lot 26, Block 30, Plat Book B-106 for 149.97; thence run Southeasterly for 73.38 feet to the Point of Beginning. 3223-3257 Franklin Avenue, Miami, Florida 33133 Lots 1,3,4,5, Block 1 of "The Royal Gardens" Subdivision, according to the plat thereof, as recorded in Plat Book 20, at Page 3 of the Public Records of Dade County, Florida. WPRL:lDC1122JM 10790 RE CLr j\/� :-�_1 I0SO 0 C T 18 1,f:I 10: 11 MIAMI REVIEW Published Dally 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 oath says that she Is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of adverlleement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10783 In the..............X.X.X................... Court, was published In said newspaper In the Issues of October 16, 1990 Afflant further says that the said Miami Review Is a newspaper publlohed at Miami In said Dade County, Florlds, end that the said newspaper has heretofore been continuously published In said Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and Iras been entered as second class mail matter at the post office In Miami In said Dade Cou Florida, fora period of one year next receding the first bll atlon of the attached copy of advertisement, and affiant rth says that she has neither paid nor promissr any perso fir or corporation any discount, rebate, commission or ref nd r the pur ose of eacuring this advertisement for publi t In the as newspape►r.%� 'rQpRY pS%n* S3f�Qn•jo and subscribed before me this 16 tdber 90 ......, �Y .. J .............. A.D. 19....... (SEAL) e roc'♦♦ "OFFICIAL NOTARY SEAL" N. MARf-1ER fd' ;_XP. 4/12/92 CITY OF MIAIAIdMI, FLORIDA LEGAL NOTICE All Interested persons will take notice that on ha 271h-dAy of Be to he City commission of Mlan1r,- w81k; a8•opW— IliAnoe8: ORDINANCE NO.10780 AN EMERGENCY ORDINANCE ACKNOWLEDGING AND APPROVING THE TRANSFER OF THE CITY OF MIAMI'S NATURAL GAS' FRANCHISE ORGINALLY GRANTED UNDER ORDINANCE NO.6309, OR ELIZABETHTOWN GAS COMPANY'S RIGHTS THEREUNDER TO NUI CORPORA. TION _IN ACCORDANCE WITH THE NATURAL GAS FRAN- CHISE OF THE CITY OF MIAMI, FLORIDA. ORDINANCE NO10781 AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 10732 ADOPTED MAY 24, 1990, BY INCREASING APPROPRIATIONS. TO THE'. SPECIAL REV- ENUE FUNQ ENTITLED ' SUMMER FOOD SERVICE PRO. GRAM FORCHILDREN 1990' IMTHE'AMOUNT OF S49,306 ;COMPOSEq;OF GRANT REI ,•1$61iSEMENTS FROM THE UNITED TTA ES DEPART_ENT OF AGRICULTURE THROUGH'THE FLORIDA DEPARTMENT OF EDUCATION; CONTAININ2j4.13EPEALEA PROVISION AND A SEVER. ABILITY CL r ORDINANCE NO..10782 . AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI CAPITAL IMPROVEMENTS; CONTINUING ANDREVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS, ESTABLISHING NEW CAPITAL IMPROVEMENT, PROJECTS TO BEGIN DURING FISCAL YEAR,1990.91; REPEALING PROVISIONS, OF ORDINANCE N0.:10642, AS AMENDED, THE FISCAL YEAR 1989.90 CAPITAL' IMPROVEMENTS"APPROPRIATIONS ORDINANCE, WHICH MAY BE JN CONFLICT WITH THIS ORDINANCE; AND PROVIDING CONDITIONS, AUTHORI- ZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY CLERK. ORDINANCE NO.10783 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR PROPERTY LOCATED AT APPROXIMATELY 2490.2670 - NORTHWEST 18TH TERRACE: THE TRIANGULAR AREA GENERALLY BOUNDED BY THE MIAMI CANAL 0N-THE NORTH, THE MIAMI RIVER ON THE SOUTH AND A LINE APPROXIMATELY 100 FEET EASTERLY OF, AND PARAL• LEL TO, THE EAST RIGHTOF-WAY LINE OF NORTHWEST 27TH AVENUE ON THE WEST,.MIAMI,'FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),'BY CHANGING THE DESIGNATION OF.THE SUBJECT PROPERTY FROM DUPLFi� E I ENTI T ,INDUSTRIAL; MAKING FIND- INGS's1N5TR iJJ��.Ii`;� � ,Cjj�j�;CLERWTO TRANSMIT A "'COPY 'OF THISOR16 �4 �dE TO THE AFFECTED AGEN• CIES;'AND PROVIDING A REPEALER PROVISION, SEVER - ABILITY CLAUSE AND AN EFFECTIVE DATE. ORDINANCtNO.16704 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER 4, 1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS 'AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 120.186 SOUTH- WEST 13TH STREET; 1316.1325 SOUTHWEST 2ND AVENUE MIAMI FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM O.OFFICE TO C•1 RESTRICTED COMMERCIAL; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.'37 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO 10795 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF A 19 FOOT STRIP OF LAND ABUTTING APPROXIMATELY 1701.1991 DELAWARE PARKWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM RS-212 ONE FAMILY DETACHED RESIDENTIAL AND RO.316 RESIDENTIAL OFFICE TO CG-211 GENERAL COMMERCIAL, AND RETAINING A 1 FOOT STRIP NORTHEASTERLY OF, PAR. ALLEL TO AND ABUTTING, THE NORTHEASTERLY RIGHT- OF-WAY LINE OF DELAWARE PARKWAY IN THE EXISTING RS-212 AND RO.316 ZONING; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 26 0�,SAIb ZONING ATLAS; CONTAINING A REPEALER PROISION AND SEVERABILITY CLAUSE; AND PROVIDING AN, FFECTIVE DATE. ORDINANCE NO,10788 AN ORDINANCE AMENDING THE ZONING ATLAS,.OF ORDINANCE NO. 11000 (EFFECTIVE SEPTEMBER �4,;1990), THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE.ZONING CLASSIFICATION.OF A 19 FOOT STRIP:OF LAND; ABUT- TING APPROXIMATELY1701.1991 DELAWARE. PARKWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM.R•1`,SINGLE FAMILY RESIDENTIAL AND O.OFFICE TO C2•LIBERAL COMMERCIAL, AND RETAINING A 1 FOOT STRIKE NORTHEASTERLY OF, ,PARALLEL .TO AND ABUTTING„ THE NORTHEASTERLY RIGHT•OF!WAY LINE OF DELAWARE PARKWAY IN THE EXISTING R4 AND 0 ZONING; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 28 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;. AND PROVIDING AN EFFECTIVE DATE : ORDINANCE N0.10787 •.-; AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO, 9500; THE ZONING ORDINANCE,OFTHE CITY OF MIAMI; i FLORIDA, AS AMENDED, BY APPLYING SECTION 1610, H04..GENERALUSE HERITAGE CONSER• VATION OVERLAY DISTRICT TO THE MIAMI RIVER RAPIDS ARCHEOLOGICAL ZONE: APPROXIMATELY 2810.2916 OF THE NORTH',FORK:OF THE MIAMI RIVER LOCATED ALONG THE SOUTHEASTERLY PROPERTY LINE OF 1861 DELAWARE PARKWAY,;MIAMI; FLORIDA '(MORE `PARTIC- ULARLY DESCRIBED :HEREIN); .INCORPORATING -THE DESIGNATION. REPORT;' MAKING. FINDINGS;..AND — MAKINGALL;NECESSARY,CHANGES`•.ON PAGE NUMBER 26 OF SAID ZONING`ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE: AND PROVID- ING AN EFFECTIVE DATE. ORDINANCE NO.10T88 AN'ORDINANCE'AMENDING THE' '0 ING"ATLA5:.OF ORDINANCE N•0. 11000 (EFFECTIVE SEPTEMBER 4,`4990), THE NEW ZONING'ORDINANCE OF THEbITY OF MIAMI, FLORIDA, AS: AMENDED, .BY APPLYING. SECTION 710 LAY FORK. OF THE "MIAMI RIVER LOCATED. ALONG THE: SOUTHEASTERLY PROPERTY LINE,OF j851 DELAWARE_ PARKWAY, MIAMI,' FLORIDA;(MORE`PARTICUL'ARLY DESCRIBED 'HEREIN);. MAKING FINDINGS; INCORAT POR ING THE DESIGNATION!REPORT;,AND MAKING ALL NEC= ESSARY CHANGES ON PAGE NUMBER 26, OF SAID — ZONING ATLAS;. CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN. EFFECTIVE DATE. _ ORDINANCE NO 10789 AN ORDINANCE RELATING TO PLANNING ANDZONING,.; . AMENDING CHAPTER 62 OF THE CODE OF THE C[W. OF. _ MIAMI, FLORIDA, AS AMENDED; BY, AMENDING SECTION 62=84(1) .By CHANGING',YHE COMPOSITION 015,''TH15 URBAN DEVELOPMENT HEVIEW.BOARD; BY DELETING; PROCEDURES •FOR' APPOINTMENT TO SAID BOARD. CONTAINED; IN SECTION'024,Wt.AELATIVE•,TO'PUBLId NOTICE AND SOLICITATION;, BY. AMENDING,SECTOON­ 62 84(4)` ACCORDINGLY;`CONTAINING'•A REPEALER PRO VISION AND A,SEVERABILITY CLAUSE;:AND PROVIDING AN EFFECTIVE DATE.:' ORDINANCE NO.10790. AN RDINANC.E�AMENDING THE FUTURE LAIR USE MIIP COMPREHENSIVE NEIGHBORHOOD PLAN 1989.21=1 )=oH PROPERTY LOCATED ATAPPROXIMATELYOHQ;MAIN. HIGHWAY, MIAMI, FLORlbkl(MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE. DESIGNATION. OF THE SUBJEct..PROPERTY FROM SINGLE FAMILY RES, IDENTIAL TO RESTRICTED COMMERCIAL; MAKING. FIND- INGS; INSTRUCTING THE CITY CLERK,TO TRANSMIT'A COPY OF THIS ORDINANCE TO, THE AFFECTED AGENT CIES; AND PROVIDING A REPEALER, PROVISION SEVER, ABILITY CLAUSE AND AN EFFECTIVE DATE.-., ORDINANCE NO.10791 AN ORDINANCE AMENDING THE *ZONING- ATLAS' OF ORDINANCE ,NO, 9500, AS AMENDED, -THE'`ZONING ORDINANCE OF THE. CITY OF MIAMI, FLORIDA, BY; CHANGING THE ZONING CLASSIFICATION FROM,RS•212 jl'�S NUMBER 26 0AID ZONING ATLAS CONTAINING A ONE FAMILYbETACHED RESIDEMTIALTO $REPEALER PRION AND SEVERABILITY CLAUSE• AND U_ N T GROVE CENTRAL COMMERCIAL DISTRICT: FOR THE PROVIDING ANFECTIVE DATE, PROPERTY LOCATED AT1W0 MAINHIGHWAY; MIAMI, FLORIDA (MORE PARTICULARLY.DESCRIBED HEREIN) 11e Notice het 0 RDINANCE N0,10788 AND BY MAKING ALL THE NECESSARY •CHANGES ON I4IdN bf slid i a, p PAGE N0. 46.OF SAID ZONING ATLAS,CON7'AIN(NG A AN bADINANAMENDING THE ZONING ATLAS OF REPEALER PROVISION AND A SEVIERAS'ILITY CLAUSE,1}1pANCE N0,10Tl0; ORDINANCE N1000 (EFFECTIVE SEPTEMBER 4, 1990), ,_,.THE NEW ZON1 ORDINANCE OF THE CITY OF MIAMI,ORDINANCE NO 10792 A8i A'� O�11LEI3GI�G AND FLORIDA, ASENDED, BY CHANGING THE ZONING , �H `CIT.Y bl;VAM1'S'' CLASSIFICATIOF A 19 FOOT STRIP OF LAND ABUT AN ORDINANCE AMENDING ORDINANCE,11000, AS PRANOHiSE''ORdlNALLY•-130ANTED TINGAPPROXI¢tELY1701A991 DELAWARE.PARKWAY, AMENDED, THE NEW ZONING ORDINANCEOFTHECITY• 011E 146..9309= OR ELIZABETHTOWN GAS, MIAMI; FLORId' ,(MORE PARTICULARLY DESCRIBED OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4, 19W), - �R s''1r �IEREUNDtA'--Yb NUIiCOR'POAA HEREIN), FROM 11 SINGLE FAMILY RESIDENTIAL AND BY AMENDING ARTICLE 9, GENERAL AND SUPPLE MEN- ' g D_AN "E WI H _HE NATURAL GAS FRAN• O.OFFICE TOO 13ERAL COMMERCIAL, AND RETAINING TARY REGULATIONS, SECTION 907, LOT, -YARDS AND F I�;MI, t Lt)RIbA" A 1`FOOT STRI 'NORTHEASTERLY OF, PARALLEL TO RELATED TERMS; DEFINITIONS METHODS FOR MEAS ` AND ASUTTIN HE NORTHEASTERLY RIGHT-OF-WAY UREMENT; GENERAL REQUIREMENTS AND LIMITATIONS,' tIr��I��iNrrla Nb (13781' LINE OF DE LA E PARKWAY IN THE EXISTING R-1 AND BY ADDING NOISE LIMITATIONS TO SECTION 907:4' T , z $� OZON1, ;BY ING FINDINGS; AND BY MAKING ALL YARDS, GENERAL LIMITATIONS ON OCCUPANCY; `YblAICE►1,AE<DjNG`SECI`ION 2 OF NECESSARY C ,IJGES ON PAGE NUMBER 26 OF SAID CONTAINING A REPEALER PROVISION AND SEVERABIL "iyFi lldANf`+E O.r 0 52 ADOF 7 k`b"MAY 24;' Igoo, BY ZONING :ATLAS I ONTAINING A REPEALER PROVISION ITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE, I( �I,CR�1St 13 A b , 114' 1 O T E;'SPECIAL REV AND SEVERA CITY CLAUSE; AND PROVIDING AN t'LN(1S EITTtD';' FDOt7 SER1/ICE PRO• EFFECTIVE DA7 `; F I ORDIANNCE N0.10793 EN 1 I EAMOUNT OF,S49,308 4x MURM M SEMENTS' FROM THEDRDINANCE NO. 10787 AN 019DINANCE DEFINING AND DESIGNATING THE tR, t� n' l EPA E�tT,QF,*gFIiCULTURE�' + `_ RITORIAL LIMITS F,OR THE CITY OF MIAMI FOR THE t iH(iCU � L"t�1�ibA C1 AqRTNIENT�6F'-EDUCATION; �'AN�ORDINANCE`AMENDING THE ZONING ATLAS OF PURPOSE OF TAXATION; FIXING THE*MILLAGE AND.LEV-- . CA7tiNiNC�j� EPEAhE f�q�VIS10N AND A SEVER- - . ORDINANCENO W, THE ZONING ORDINANCE OF THE YING TAXES.IN:THE CITY OF MIAMI, FLORIDA, FOR THE CITY OF MIAM' FLORIDA. AS AMENDED, BY APPLYING FISCAL YEAR BEQINING OCTOBER 1,'.1990;�AND. ENDING'" SECTION 1610, C•1: GENERAL USE HERITAGE CONSER• SEPTEMBER 30,' 1991; CONTAINING. A SEVERABILITY �R41IAICE0.10782 z VATION OVER DISTRICT TO THE MIAMI RIVER RAPIDS CLAUSE. ARCI�EOLt](31. AL ZONE: APPROXIMATELY 2810.2916 .�FDININO;APPROPRIATIONS FOR NORTHWEST': UTH RIVER DRIVE AND THAT SECTION ORDINANCE NO.10794 Q1ni�I1�F 'P C ITAI, M ROYEMENT5- CONTINUING OF THE 'NORT ;FORK OF THE MIAMI RIVER LOCATED $I.R aF C ' . EV"IOUSLY='APPRb�iED'5CHl D(JLED ALbNd THAtb UTHEA$TERLY PROPERTY LINE OF 1851 AN ORDINANCE MAKING APPROPRIATIONS FOR THE r y , AMENTPROJECTS;,ESTABUSHING NEW. DELAWAREPARKWAY,.MIAMI; FLORIDA (MORE PARTIC- FISCAL YEAR ENDING SEPTEMBER: 1991; t "}CAP . bVr Min i,PNOJECTSTO BEGIN DURING ULARLY DESCRIBED :HEREIN); INCORPORATING THE CONTAINING A REPEALER PROVISION; AN01A SEV•;. . ° j FOISC LYE E-tALING;,,P.ROVISIONS OF 7 ,DES,IGNAT16WREPORT; MAKIN.G FINDINGS;, AND ERABILITY CLAUSE. ,Q n 2,•l t Q DED', THE FISCAL YEAR MAKING•AL`D NECESSARY CHANGES "ON PAGE NUMBER t189 CA i 11GIPi`�OVEf' tNTS'APPR'0Pt1(ATIONS 28 OF,SAID'.ZONING ATLAS; CONTAINING A REPEALER ORDINANCE N0:10795. ,. ORDINANCES ICH MAY+BE:;IN CONFLICT WITH THIS PROVISION AND SEVERABILITY CLAUSE; AND PROVID ; '' ' "ZATIONS AND Di ECTIONS:TO:THE CI A AG D DATE. AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXA•' ORDINANCE; AND PRQVIbING`CONDITIONS, AUTHORI• ING:AN EFFECTIVE M . N ER AN ORDINANCE NO. 10788 TION, DEFINING AND DESIGNATING THE. TERRITORIAL;; LIMITS OF THE DOWNTOWN .DEVELOPMENT DISTRICT rr, •*',. 'IN ANCENO 10783� AN`O DNA 'CE AMENDING THE OF-THE.CITY OFMIAMI; FLORIDA; FIXINd,THE-:MILLAGE; R ,I N, T E ZONING ATLAS OF t cw Ey4 d ! AND LEVYING TAXES. IN SAID DOWNTOWN DEVELOP ORDINANCENO:'11000 (EFFECTIVE SEPTEMBER 4; 1,990), MENT DISTRICT FOR,THE FISCAL YEAR BEGINNING;.. ,, �IORDIhIPNOEAMENOINGTHE FUTURELANb,USE MAP THENEINZONING ORDINANCE OF THE CITY OF MIAMI, rA11 OCTO$ER 1, 1990; AND ENDlNG:SEP7EMBER;30,.19!)1; OF;URDINANCE`1�0 10544;:AS,wAMENDED,'TWE,MIAMI' FI'ORIDA;r'AS'AMENDED, BY APPLYING SECTION 710; AT.;FIVE-TENTHS. (.5);MILLS'ON THE' DOLLAR OF THE ; COM PREHENS) NEIQHBO I jOOD..PLAN 198f}2000, FOR F: HC=1:;GENERAL USE HERITAGE CONSERVATION OVER. NONEXEMPT ASSESSED VALUE OF ALL REAL 'AND PER-: - (+A YPR`b75E( T�' 7.00ATED AT IPPFIOXIMATELY2490.2870: LAY DISTRICT TO THE MIAMI RIVER RAPIDS ARCHED- 'i j 1�ORTHVIIESI °1,8TF) _TEfiRAC :`,THE Tf31ANpULAA AREA LOGICAL'ZONE• APPROXIMATELY 2810.2916 NORTHWEST SONAL PROP,ERTY.;IN'SAID DISTRICT; PROVIDING THAT,, SAID MILLAGE AND THE,TAXES LEVIED HEREIN SHALL >; �3Ef3EFtALLY.tiI3�jl)NDED'6Y`TKE MIAMV.CANAL`O_WTHE SOtI,jH,RIVER DRI, +E AND THAT SECTION OF THE NORTH ,r NORTH,THE;MIAMI''RIVER"ONTHE SOUTH AND A LINE ;+ FORK''OF-,THE-,MIAMI RIVER LOCATED ALONG' THE BE;IN'ADDITION TO THE FIXING OF THE MILLAGE'ANb ; .,, "' THE LEVYING OF TAXES .WITHIN "THE TERRITORIAL-'.:!':;,' 1 1IP,PROX�I�A]ELXk100 FEET;, ,,STEiiLY=OF,'AND;PARAL- SOUTHEASTERLY PROPERTY LINE OF 185LDELAWARE LIMITS.OF,THE CITY OF MIAMI AS REFLECTED.IN THE LE��,,_T_�.��O "' ATA 11T-,Q AYLINE,OFNORTHWEST. PARKWAY,'MIAMI; FLORIDA.(MORE PARTICULARLY ` 277H;€AEUWES],';MIAMI,FLORIDA (MORE, DESCRIBED HEREIN); MAKING FINDINGS;' INCORPORAT . CITY S MILLAGE-LEVY ORDINANCE FOR`THE'AFORESAID.. PARTICULARLY.DESCR)BED HEREIN); BY_OHANGING THE INI THE DESIGNATION: REPORT; AND MAKING ALL.NEC FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTEf� ; d1(}ESIGN.AT..LON AF.THE SI BJECT=`PROPERTY: PROM ES$ARY:'CHANGES?.ON PAdE NUMBER 28 OF SAID SECTION 27; PROVIDING THAT THE FIXINGOF.THE MILL- I r t'DUP , r yT USTRI• AKINfl FIND q ZONING ,ATLAS'CONTAINING AREPEALER PROVISION AGE AND LEVYING. OF..;TAXES. HEERIN,SHALL BE IN,' i' M s ADDITIONTO SPECIAL ASSESSMENTS;,PROVIDING THAT•' c LE'(;To TRANSMIT; A :..; WAET}iE.'.AFFECTED AGEN „ AND: $EVERABILITY CLAUSE; AND PROVIDING AN, THIS ORDINANCE'SHALL: I�OT`;B•E' DEEMED •AS, EFFECTIVE DATE. CIEs,/1N�,PROV�bIf�OA;,FSEP„ 1LERlPROVISION`SEVER °` REPEALING ON'AMENDINGrANY`OTHEWORDINANCE FIXING"MILLAGE,OR LEVYING TAXES BUTSHALL.9E: ABILITY CC SE ANWAN EFFECTIVE DATE ORDINANCE NO.10789 5'�ti�kl� �St"' s;?Ft3ie f{ r e• .. DEEMED SUPPLEMENTAL AND IN'ADDITION THERETO;;:: 4 CONTAINING A REPEALER PROVISION, SEVERABILITY; , ,` wa x ,`, , ORD(NANOI.M0,10TA4 ANARDINANCE RELATING TO PLANNING AND ZONING, CLAUSE AND PROVIDING•FOR`ANEFFECTIVEDATE AMENDINO'CHAPTER 62 OF THE CODE OF THE CITY OF AN?ORDINAf�OE, i4MEN01NO. THE: 20NING ATLAS ,OF MIAMI, FLORIDA;,AS AMENDED, BY AMENDING SECTION QROINANCE_N0:11000'(EFFECTNE.SEPTEMSER,4,:1990), Q2,8!((1�,•8 CHANGING THE COMPOSITION OF -THE ORDINANCEN0:10796 'r ?FLE NEW 20NIAIt3 ORDINANCE OF THE OF M1AMl,_ URBJ� 0 ,ELoPMENT ,REVIEW BOARD;: BYDELETING ;y S . n 1l Ft ORIDA, AS, AMENDED','' BY CHANWW THE ZONING : RROCEDIJREB FOR APPOINTMENT TO SAID BOARD AN ORDINANCE MAKING. APPROPRIATIONS FROM THE df CUISSIFICATION OF -APPROXIMATELY° 120;188`SOUTH•? ';CONTAI ED•IN.SECTION 82-"2) RELATIVE.TO PUBLIC DOWNTOWN. DEVELOPMENT. DISTRICT AND -VALOREM:- iW,EST 13THSTREET, 1315'�1,326;'.SOUTHWE$T 2ND" NOTICE .AND' SOLICITATION; BY AMENDING SECTION TAX LEVY AND OTHER MISCELLANEOUS INCOME -FOR', 62-M4'ACCORDINGLY; CONTAINING A REPEALER PRO- THE DOWNTOWN;DEVELOPMENT'AUTHORITY;OF:TF�F, A A (A f„ELORIDA;(MORE PARTICULARLY , VI810 AND &SEVERASILITY CLAUSE; AND PROVIDING CITY OF MIAMI FOR ONESIXT"'(OCTO9ER1,;- u'r} S OtIN), •FROM O,'OFFICE'TO G•1 FLORIDA, MMERCIAL; BY MAKING FINDINGS; AND AN E FECTWE DATE. 1990, TO ,NOVEMBER 30,.1991)-OF THE+FWCAL .YEAR• B N4 LL( THE'NECES$ARY:,CHANflES;ON PAGE,. ENDING SEPTEMBER 30, 1591; AUTHORIZING THE EXEG:' N +OF �8AID';ZONING •ATLAS; CONTAINING.A ORDINANCE NO.10790 UTIVE DIRECTOR OF THE DOWNTOWN.DEVELOPMENT;- '"`'°REPEAlEfIQROVISIQN; AND SEVERABlI;ITY CLAUSE, AND -.' . -� t " AUTHORITY TO INVITE OR ADVERTISE REQUIRED BIDS; PROV 4 t G ANEFFEOTIVE DATE Y '- " AN RDINANCE AMENDING THE FUTURE LAND USE MAP ` PROVIDING SUDGETARY•FLEXIBILITY; PROVIDING THAT 1" h� OF ORDINANCE NO. 10544 AS AMENDED, THE MIAMI THIS ORDINANCE BE DEEMED SUPPLEMENTAL`ANO (N O iDINA CE' 0.1078fi`. COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR ADDITION TO THE ORDINANCE MAKING APPROPRIA PROPERTY LOCATED AT APPROXIMATELY, 3560 MAIN ..TIONS_FOR THF,_FIOCAL_Y-RA.,�. ENDING SEPTEMBER 30, a AN ;ORDINANCE `AMENDING THE;:ZONING ATLAS OF HIGHWAY; M)AMI, FLORIDA (MORE PARTICULARLY 1991', FOWTHE OPERATIONS.OF THE.' GITY OF,M1AMf, r , ORDI(VANCS'N0.9500; THE ZONING ORDINANCE OF THE DESCRIBED HEREIN), BY CHANGING THE DESIGNATION CONTAINING. A REPEALER PROVISION,. SEVERABILITYr TrY.OF MlAM1, FLORIDA; AS AMENDED,13Y CHANGING OF THE SUBJECT_ PROPERTY FROM SINGLE FAMILY RES- CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE t TNt;`20NIN0 "CLASSIFICATION OF A 19. FOOT STRIP OF IDENTIAL TO RESTRICTED COMMERCIAL; MAKING FIND LAND ABUTTING' APPROXIMATELY 1701-1991 DELAWARE INGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A Said ordinances may be Inspected by the public at,the Office of PARKWAY; MIAMI, FLORIDA (MORE PARTICULARLY COPY OF THIS ORDINANCE TO THE AFFECTED AGEN• the City Clerk, 3500 Pan. American. Miami, Mlaml, Florida, M9nday'- DESCRIBED HEREIN), FROM RS•212 ONE FAMILY CIES; AND PROVIDING A REPEALER PROVISION, SEVER- through Friday, excluding holidays, bettireen the hours of 8:00 a,rm DETACHED RESIDENTIAL AND RO.3/6 "RESIDENTIAL ABILITY CLAUSE AND AN EFFECTIVE DATE. and 5:00 p.m. OFFICE TO CG-217 GENERAL' COMMERCIAL, AND ORDINANCE RETAINING A FOOT STRIP NORTHEASTERLY OF, PAR. (8315) ;. ALLELTO AND ABUTTING, THE NORTHEASTERLY RIGHT. AN ORDINANCE AMENDING THE ZONING ATLAS OF MATTY HIRAI OFWAY'LINE'OF'DELAWARE PARKWAY IN THE EXISTING ORDINANCE NO. 9500, AS AMENDED, THE ZONING CITY CLERK RS-212 AND RO.3/6 ZONING; BY MAKING FINDINGS; AND ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY MIAMI, FLORIDA BY MAKING,. ALL NECESSARY CHANGES ON PAGE CHANGING THE ZONING CLASSIFICATION FROM RS•2/2 10/18 904101677M