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.
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10790
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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
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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
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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
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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
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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
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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
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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
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10 790
SERGIO RODRIGUEZ
Director
May 17, 1990
(4ifR ja r
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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
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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 ��
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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
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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
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MCNP 1989-2000
Plan Amendment
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10790
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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
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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
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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