Loading...
HomeMy WebLinkAboutO-10681J-89-281 3/8/89 ORDINANCE NO. i0(;8T AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR PROPERTY LOCATED AT APPROXIMATELY 833-899 NORTHWEST 4TH STREET, 430 AND 490 NORTHWEST SOUTH RIVER DRIVE, AND 401-449 NORTHWEST 9TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MULTI -FAMILY MEDIUM DENSITY RESIDENTIAL TO MULTI -FAMILY HIGH DENSITY RESIDENTIAL; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of Maroh 1, 1989, Item No. 1, following an advertised hearing adopted Resolution No. PAB 12-89, by a 7 to 1 vote, RECOMMENDING APPROVAL of an amendment to the Future Land Use Plan Map of the Miami Comprehensive Neighborhood Plan 1989-2000, as amended, as hereinafter set forth; and WHEREAS, the City Commission after oareful oonsideration 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 ohange as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. The Future Land Use Map of the Miami Comprehensive Neighborhood Plan 1989-2000, is hereby amended by ohanging the designation of that oertain paroel of properties located at approximately 833-899 Northwest 4th Street, 430 and 490 Northwest South River Drive, and 401-449 Northwest 9th j Avenue, Miami, Florida, more partioularly described as Lots 1-10 inolusive, Blook B of RIVERVIEW, a000rding to the plat thereof as recorded in Plat Book 8, Page 43, of the Publio Reoords of Dade County, Florida, from Multi -Family Medium Density Residential to Multi -Family High Density Residential. r+1 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 6 acres or less and a density of B 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. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 4. 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 the ordinance as a whole. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption hereof, pursuant to law. PASSED ON FIRST READING BY TITLE ONLY this 27th day of April , 1989. -2- 1068V PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th, day of December 1989. s XAVIER L. ;AaRIgZ,CYOR TTY HIRAI CITY CLERK PREPARED AND APPROVED BY: �. C.J.! ? e-JOIL E. MAXWELL ISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ✓--�y`-_ sue' JORGE . F ANDEZ CITY ATTORNY JEM/db/M467 -3- 10681, .orf +�l�itrxmrt SERGIO RODRIGUEZ W Director _ 'Q w•M NM,• Q' December 18, 1989 Mr. Thomas Pelham, Secretary Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Amendments to Miami Comprehensive Neighborhood Plan 1989-2000 Dear Mr. Pelham: CESAR H. ODIO City Manager The City of Miami adopted four amendments to the Miami Comprehensive Neighborhood Plan, on December 14, 1989. This date is the second adoption period of the 1989 calendar year consistent with Chapter 163.3187(1) of the 1987 Florida Statutes. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 and Rule 9J-11.011, Florida Administrative Code, I am pleased to transmit: - Four (4) copies of the Miami Comprehensive Neighborhood Plan 1989-2000 Land Use Plan Map Amendment Ordinances as adopted, including PZ-1, PZ- 2, PZ-4, PZ-10; Four (4) copies of the "Response to Department of Community Affairs' Objections, Recommendations, and Comments to Proposed Comprehensive Plan Amendments for the City of Miami -- December 1989"; - One (1) copy (for reference purposes only) of the support documents on which recommendations are based. As directed in Mr. Paul Bradshaw's letters of November 6, 1989 and November 17, 1989, which transmitted the Department of Community Affairs' Objections, Recommendations, and Comments, to the subject amendments, we are forwarding one (1) copy of these transmittal documents to the Executive Director of the South Florida Regional Planning Council. If, in the 45 day review process, there are points that need clarification, you may contact Joseph McManus at (305)579-6086. Sincerefy'l-, Sergio odriguez, DiJrecta�- Planning Department SR/vh vh/89:123 10680 Attachments 10681. PLANNING DEPARTMENT/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6086 -10683 Mailing Address - P.0.8ox 330708 / Miami, Florida 33233-0708 �7 '4t#v of Miami SERGIO RODRIGUEZ'� Director December 18, 1989 Mr. B. Jack Osterholt, Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite #140 Hollywood, Florida 33021 Re: Amendments to Miami Comprehensive Neighborhood Plan 1989-2000 Dear Mr. Osterholt: CESAR H. ODIO City Manager The City of Miami adopted four amendments to the Miami Comprehensive Neighborhood Plan, on December 14, 1989. This date is the second adoption period of the 1989 calendar year consistent with Chapter 163.3187(1) of the 1987 Florida Statutes. Pursuant to the requirements of Chapter 163.3184 F.S. 1987 and Rule 9J-11.011, Florida Administrative Code, and the direction of the Department of Community Affairs (DCA), I am pleased to transmit to you one copy of the transmittal documents submitted to the DCA consisting of: One (1) copy of the Miami Comprehensive Neighborhood Plan 1989-2000 i Land Use Plan Map Amendment Ordinances as adopted, including PZ-1, PZ- 2, PZ-4, PZ-10; j - One (1) copy of the "Response to Department of Community Affairs' ' Objections, Recommendations, and Comments to Proposed Comprehensive Plan Amendments for the City of Miami -- December 1989"; - One (1) copy (for reference purposes only) of the support documents on which recommendations are based. If, in the 45 day review process, there are points that need clarification, you may ;pntaict Joseph McManus at (305)579-6086. Sincerely; Sergio .Rodriguez, Dirt-cto Plannig Department SR/vh / vh/89:123a Attachments 11,©680 1.©681, PLANNING DEPARTMENT/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6086 10683 Mailing Address - P.O.Box 330708 / Miami, Florida 332.33.0708 , 0(;85 PZw2 PLANNING FACT SHEET APPLICANT Gregg J. Ormond, Esq., Authorized Agent for Owners: G & J Investment Corporation Stacey Health Care Centers, Inc. February 10, 1989 PETITION 1. Lots 1 through 10 Block B RIVERVIEW (5-43) P.R.D.C. Consideration of amending the Future Land Use Plan Map of the Miami Comprehensive Neighborhood Plan 1989-2000, as amended, by changing the land use designation of the subject property from Multi -Family Medium Density Residential to Multi -Family High Density Residential. REQUEST To amend the Comprehensive Plan designation for the subject property from Medium to High Density Multi -Family Residential. ANALYSIS The subject property is located west of NW South River Drive and the marine industrial uses along the Miami River, in a multi family residential district diagonMl y across from and east- of Victoria Hospital. Within the East Little Havana area residential districts have been designated so as to concentrate high density development in areas east of N.W. 8th Avenue where future redevelopment is anticipated and expected. Any additional high density land use designations in East Little Havana should supplement these existing high density areas' chances of realizing revitalization. The subject block, if so designated to high density, would be such a supplement because of its location immediately west of N.W. 8th Avenue and diagonally opposite Victoria Hospital. Henderson Park, a block away, offers an additional amenity. This proposed designation would be harmony with the established land use pattern and is in scale with the needs of the neighborhood. RECOMMENDATIONS PLANNING DEPT. APPROVAL. PLANNING ADVISORY BOARD At its meetina of March 1, 1989, the Planning Advisory Board adopted Resolution PAB 12-89, by a 7 to 1 vote, recommendinu approval of the above to the City Commission. Three replies in favor were received by mail. CITY COMMISSION At its meeting of April 27, 1989, the City Com- mission passed the above on First Reading. PAB 3/1/89 J0(;8j,1 Item #1 NaQe i � lot DE IN U @QK �� | ��N�� M/AM1 COMPREHENSIVE NLIGM8ORHDOD PLAN i989 - 2000 FUTURE LAMD USE PLAN AMENDMENT � ' FROM: NULTI-FAMILY MEDIUM DENSITY RESIDENTIAL TO: MULTI -FAMILY HInH DENSITY RESIDENTIAL . . .. AWJWK m 9 .y t ".... _...t ram' • �, a.a: ' A 1 i IF y -�gleplyE 10681 3 Note: The Florida Department of Community Affair's Report on Objections, Recommendations and Comments (together with other agency comments) dated November 6 and November 17, 1989, pertaining to Items PZ-1, 2, 4, 9, 13 and 14 is included in Item PZ-1 for brevity. 10681 3a Note: The Florida Department of Community Affair's Report on objections, Recommendations and Comments (together with other agency comments) dated November 6 and November 17, 1989, per to Items PZ-1, 2, 4, 9, 13 and 14 is included in Item PZ-1 for brevity. RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS' OBJECTIONS, RECOMMENDATIONS, AND COMMENTS TO PROPOSED COMPREHENSIVE PLAN AMENDMENTS FOR THE CITY OF MIAMI Prepared by The City of Miami Planning Department December 1989 :1aU681 3 Map Text Amendments Amendments Map Amendments TABLE OF CONTENTS SECTION I PZ- 4 (4/27/89)"Ormond" PZ-11 (6/22/89)"City of Miami" PZ-21 (6/22/89)"CBRF" PZ-22 (6/22/89)"DCA.Def./L.U." SECTION II PZ- 3 (7/27/89)"Gerrits" PZ-13 (7/27/89)"Coconut Grove" 1068JL 3 �. Map Amendments Text Amendments SECTION I PZ- 4 (4/27/89)"Ormond° PZ-11 (6/22/89)"City of Miami" PZ-21 (6/22/89)"CBRF" PZ-22 (6/22/89)"OCA Def./L.U." DCA OBJECTIONS, RECOMMENDATIONS AND COMMENTS TO CITY OF MIAMI Comprehensive Plan Amendments 1. 9J--5,006(2) (a Map Amendment No. PZ-4 (Ormond) is.not supported by an analysis of the availability of facilities and services, including traffic circulation, sanitary sewer, solid waste, drainage, and potable water, to serve the proposed land use. The information provided, stating facilities are available, is incomplete. There is no analysis to establish current and forecasted demand on existing facilities and a determination of available capacity for each facility type. Recommendation Include an analysis of current and forecasted demand for each facility type, including traffic circulation, sanitary sewer, solid waste, drainage and potable water to serve the proposed land use. City of Miami Response The, attached "Worksheet for Concurrency Management - Impact Analysis of Proposed Change to Land Use Map" for the PZ-4 (Ormond) amendment contains an analysis of current and forecasted demand for each facility type, including traffic circulation, sanitary sewer, solid waste, drainage and potable water to serve the proposed land use. It matches these to the required adopted levels of service standards for each facility, and makes a "Concurrency Checkoff" finding. -1- 10681 .3f WORKSHEET FOR CONCURRENCY MANAGEMENT CITY OF MIAMI PLANNING DEPARTMENT IMPACT ANALYSIS OF PROPOSED CHANGE TO LAND USE MAP ---------...................................................... AMENDMENT INFORMATION : .------------------------------------------------------------------ Applicant: Address: Boundary Streets: Planning District: Maximum LU Intensity: Existing Proposed : Net 'Increment With Change: Population Gregg 1. Ormond, Esq. (Agent) 833-699 N.M.4 St. 430 i 490 N.M. S.River Drive 401.449 N.W. 9 Ave. North: N.M. South River Drive South: N.M. 4 Street East: N.M. South River Drive West: N.M. 9 Avenue 0. (little Havana) 40 DU/acre 100 DU/acre 257 -------------------- CONCURRENCY ANALYSIS RECREATION AND OPEN SPACE Z d : Population Increment (,000) 0.237 Space Requirement, acres 0.334 Excess Capacity Before Change 55.97 Excess Capacity After Change 55.64 Concurrency Checkoff ---------------------------------------------------------: OK POTABLE WATER TRANSMISSION : Population Increment, Residents 257 Transmission Requirement, gpd 51,568 Excess Capacity Before Change >21 above demand Excess Capacity After Change )2Z above demand : Concurrency Checkoff OK SANITARY SEWER TRANSMISSION . Population Increment, Residents 257 Transmission Requirement, gpd 47,545 Excess Capacity Before Change )21 above demand d Dwelling Units 100 Excess Capacity After Change 12 above mean Sq.Ft. Floor Space H.A. Concurrency Checkoff OK ---------------------------------------------------------- : County Wastewater Collection Zone 309 : STORM SEWER CAPACITY : : Drainage Subcatchment Basin 11 Exfiltration System Before Change On -site : Solid Waste Collection Route 18 : Exfiltration System After Change On -site Concurrency Checkoff OK : Transportation Corridor Name (1) Civic Center --------------------------------------------"'----------' (2) Dolphin SOLID WASTE COLLECTION Type (1) HS Population Increment, Residents 257 (2) HS Solid Waste Generation, tons/year 329 ----------------------------------------------------------------: Excess Capacity Before Change >600 : : SIGNIFICANT MCNP GOALS, OBJECTIVES, POLICIES SUPPORTING AMENDMENT: Excess Capacity After Change )271 Concurrency Checkoff OK . land Use: 1.1.1 : ------------------------------------------------------- . 1.1.3 TRAFFIC CIRCULATION : 1.1.6 Population Increment 257 Peak -Period Person-rrip Generation 283 : : Interpretation of Future Land Use Plan Map LOS Before Change (1) A (2) C LOS After Change (1) A (2) C : Housing: 1.1.5 Concurrency Checkoff OK 1.2.7 -------------------------------------------------------- . 1.3 ASSUMPTIONS AND COMMENTS 1.3.1 Population increment is assumed to be all new residents. : 1.3.2 Peak -hour person -trip generation assumed to be 1.1 per : resident. Potable water and wastewater transmission : Transportation: 1.4 capacities are in accordance with Metro -Dade County 1.5.1 : stated capacities and are assumed correct. Service : connections to water and sever mains are assumed to be of: : CIE: 1.2.3 adequate site; if not, new connections to be installed it: : owner's expense. Transportation Corridor capacities and : LOS from Table PT-2, Oita and Analysis.: ILU6s1L :------...------------------•-----------....----------------------: .................................................. - : The City did not include an analysis of the need for proposed text Amendment PZ-21, which proposes to eliminate free-standing office and commercial buildings in the medium density multi -family residential classification, but allow free-standing medical and dental offices in the high density multi -family residential classification. An analysis of the amount of land needed to accommodate the projected population relating to types and intensities of use was not provided. Recommendation Demonstrate that the proposed text amendment is consistent with the existing (or revised) analysis of the amount of land needed to accommodate the projected population, including the types and intensities of use. City of Miami Regponse In terms of population, Miami is expected to reach 400,000 by the year 2000. This growth is only 17,000 persons in ten years or about a 4% increase above the 1990 projection of 383,000. The City of Miami is unique in that is is essentially built out.. Only about 6.4% (from MCNP Land Use Data and Analysis) of its total area is vacant, consisting primarily of parcels smaller than one acre. In short, Miami is in a redevelopment mode; development on raw acreage is not a viable option. No analysis has ever been prepared as part of the MCNP relating the amount of land needed to accommodate the projected population; to do so would be an exercise in futility. The issue, therefore, for the City of Miami is not the amount of land or the categories and acreage of land use needed to accommodate projected populations, but, what is the appropriate mix of uses and scale of redevelopment most compatible with medium and high density residential development. At a density up to 40 dwelling units per acre in medium density residential, the intent is to accommodate a judicious limited mix of uses within the residential buildings at that scale. In the high density residential areas, at densities from 40 to 100 dwelling units per acre the mix of uses would accommodate free-standing hospitals and nursing homes, therefore free-standing medical and dental office buildings would also appear to be appropriate at that scale of redevelopment. The City did not include an analysis of the need for the proposed land use change for map amendments PZ-4 (Ormond) and PZ-11 (City of Miami). An analysis of the amount of land needed to accommodate the projected population, including the categories of the land use and the proposed land use densities and intensities of use, the estimated gross acreage by category and the description of the methodology used. 10681 i7-{{. V•I Include an analysis of the proposed land use as it relates.to the amount of land needed to accommodate the projected population, including the densities and intensities of use and how they meet estimated gross acreage needed by category. City of Miami Response In terms of population, Miami is expected to reach 400,000 by the year 2000. This growth is only 17,000 persons in ten years or about a 4% increase above the 1990 projection of 383,000. The City of Miami is unique in that it is essentially built out. Only about 6.4% (MCNP Land Use Data and Analysis) of its total area is vacant, consisting primarily of parcels smaller than one acre. The issue, therefore, for the City of Miami, is not the amount of land or the categories and acreage of land use needed to accommodate projected populations, but, what population change would result from proposed changes to the plan Map. Changes in densities resulting from changes in land use would affect the City's population growth projections. PZ-4 (Ormond): Because of Miami's unique situation, the land development needs for the City must be met primarily through the redevelopment of existing underutilized parcels and vacant tracts. The lack of large tracts of undeveloped land, furthermore, requires property development to focus primarily on the revitalization of depressed or declining areas and the stabilization and maintenance of more stable neighborhoods. One method to plan for growth is through increases in land development intensities. As the Planning Fact Sheet (Attachment 1D) indicates, future high density development and redevelopment is anticipated and expected in areas east of NW 8th Avenue, presently designated "Residential -Multifamily High Density". The subject block, west of NW 8th Avenue, if redesignated to the same "Residential - Multifamily High Density", would serve to create a larger base for this redevelopment area, increasing the chances of realizing areawide revitalization. Furthermore, because of the subject block's location diagonally opposite the Victoria Hospital, the development, brought about by redesignation, could stimulate lower intensity revitalization west of NW 8th Avenue as well. This land use change would be consistent with the pattern of similar "Residential -Multifamily High Density" areas along the Miami River Corridor. 10681 - 3 - 3.1 The "Analysis of Proposed Plan Amendment" (Attachment 1B) indicates that the proposed land use change, if utilized to the maximum intensity permitted under the requested zoning, would increase the potential density by 100 families or approximately 257 persons (the 1980 Census estimated 2.57 persons per family). Though an increase in intensity is permitted through this land use change, the percentage distribution of residential land use area compared to other land uses, (i.e. commercial, industrial, institutional/ public, recreational, transportation/ utilities), remains unchanged. PZ-11 (City of Miami): The density, for this parcel, has been scaled back to reflect the predominant dwelling unit type as a response to the recognition of an existing viable single family neighborhood. The present "Residential - Duplex" land use designation would allow the area to increase from its current single family density of 9du/acre to 18du/acre. At 14.5 acres, the land use change would reduce the future population projection by 130 families or 334 persons. Though a decrease in the potential intensity will result through this land use change, the percentage distribution of residential land use area compared to other land uses, (i.e. -commercial, industrial, institutional/ public, recreational, transportation/ utilities), remains unchanged. The overall impact on the City from both land use amendments would be a net decrease of 30 families or 77 persons from the total projected population of 400,000 persons through the year 2000. The acreage distribution of residential land use versus other land use categories remains unchanged. None B. COMMENTS The City should take the Metro -Dade Planning Department's comments into consideration when addressing the objections to Map Amendment PZ-4 (Ormond). ILOGSI . - 4 - 15 HOUSING ELEMENT A. OBJECTIONS Data None. Analysis 1. 9J-5.010(2)(f)4. The proposed changes to the terms in the Land Use Categories for Community Based facilities in Objective 1.3 and Policies 1.3.4 and 1.3.5 are not supported by description of the need for such as they relate to the specific requirements of HB 1269. The City has not provided definitions for new Community Based Facility terms. Also, the language added to Housing Element Objective 1.3 and 1.3.4, "subject to the requirement_ to the Zoning Ordinance," may make the standards more restrictive for the Community Based Residential Facilities (see the South Florida Regional Planning Council comments dated September 6, 1989). Recommendati_o Include an analysis based on and consistent with the requirements of HB 1269 to support those changes to the Housing Element objectives, policies and land use categories and ensure that they are consistent with the intent of this law. Explain and define new terms in the Land Use Categories. Include an explanation of "subject to the requirements and limitations to the Zoning Ordinance" ensuring that this addition will not make the standards for Community Based Facilities more restrictive. i tv o f Mi am .125R.QtIU (Response provided at the end of this HOUSING ELEMENT section.) (;pals_. Objectives and Policies 2. 9J-5 010 0)(0 4. and 9J-5.010(3)(c)6. Proposed text amendments to Housing Objective 1.3 and Policies 1.3.4 and 1.3.5 appear to be inconsistent with HB 1269 requirements for Community residential homes. The City changed terms for Community residential home types, however, they did not include the change in terms in Objective 1.3 and Policy 1.3.4. Also, the language in Policy 1.3.5 which states "and evaluated to determine the impact of allowing and amended, where warranted" is unclear. i"��Ulli:l�• •� Include an analysis of the changes in Housing Element Objective 1.3 and Policies 1.3.4 and 1.3.5 to establish consistency with HB 1269. If the analysis reveals that the objective and policy changes are not consistent with HB 1269, then the City should make appropriate revisions to these policies to ensure they are consistent with this law. Community residential terms should be consistent between the land use categories and Housing Objective and Policy. Include clarification of language "and evaluated to determine the impact of allowing and amended, where warranted". (Response provided at the end of this HOUSING ELEMENT section.) B. COMMENTS The City should review the South Florida Regional Planning Council comments and take them into consideration when addressing the responses to the above Housing Element objections. Also, the Department encourages the City to coordinate with the South Florida Regional Planning Council in order to ensure that their concerns are resolved in regard to this matter. The DCA objections, recommendations and comments are appropriate; this proposed amendment was fashioned in May and June, 1989, and passed 1st reading June 22, 1989, to reflect the then - policy of the City Commission and before the Governor had allowed HB 1269 to become law. Recognizing that HB 1269 would become law, the City Commission adopted Ordinance 10646 (attached) on, September- 28, 1989, effective October 28, 1989, which is a comprehensive amendment to Zoning Ordinance 9500 in conformity with HB 1269. The corresponding changes have now been made in PZ-21 to bring the MCNP into conformity with HB 1269. The following changes have been made in response to objections, recommendations and comments: 1. The range of Community Based Residential Facilities has been defined and brought into conformity with HB 1269. A definition of "Community -Based Residential Facilities" has been added to the Land Use Element under the interpretation of the Future. Land Use Plan Map, as follows: "A community based residential facility provides room (with or without board) resident services and twenty-four hour supervision. Such a facility functions as a single housekeeping unity. This category includes adult congregate living facilities; facilities for physically disabled and handicapped persons, for developmentally disabled persons, for non -dangerous mentally ill persons and for dependent - 6 children, as licensed by the Florida Department of Health and Rehabilitative Services (FHRS); and residential facilities for alcohol and drug rehabilitation and juvenile and adult residential correctional facilities, including halfway houses, as licensed and approved by an authorized regulatory agency." Specific conformity to HB 1269 is now evidenced by the revised Zoning Ordinance (see Ordinance 10646 attached). The Zoning Ordinance has been amended so that community -based residential facilities, as defined, for 6 clients or less, but not including drug, alcohol or correctional rehabilitation facilities, are permitted in all residential zoning districts and that community -based residential facilities for 14 clients or less, but not including drug, alcohol or correctional rehabilitation facilities, are permitted in two family and multi family zoning districts. 2. Objective 1.3 and Policy 1.3.4 have been clarified and Policy 1.3.5 has been eliminated so that the descriptive phase "subject to the requirements and limitations of the Zoning Ordinance" has been eliminated as pertains to Community Based Residential Facilities, as follows: 3. "Objective 1.3: Facilitate the private and public sector provision of housing in non -isolated residential areas for group homes asid gommunity-based residential facilities and foster care facilities (including those funded by the Florida Department of Health and Rehabilitative Services). adult eompewate livimg facHities; rr "Policy 1.3.4: The City will continue to assist in the development of group --games community -based residential facilities and foster care facilities, and ACIF's for low -and moderate -income residents through its existing housing programs limitatiems of the tomimg rr Policy 1.3.5 has been eliminated so that the descriptive phase "and evaluated to determine the impact of allowing and amended, where warranted" has been also eliminated. Policy 1.3.5 read, as follows: "Policy 1.3.5. The Citv's zoning ordinance will be reviewed and amended, where warranted, so that family homes (group homes which provide room and board, personal care, rehabilitation service, and supervision in a family setting to be occupied by not more than eight (8) related or unrelated persons who are developmentally disabled, mentally impaired, physically handicapped or elderly) be allowed as a permitted use in all residential neighborhoods and that a group home (occupancy by nine to sixteen persons) be allowed as a permitted use in all residential neighborhoods and that a family group home (occupancy by nine to sixteen persons) be allowed as a permitted use in all residential neighborhoods other than single-family (where it shall be allowed on a special use basis).'' ��s, 3 m The Zoning Ordinance has been amended so that community -based residential facilities, as defined, for 6 clients or less, but not including drug, alcohol or correctional rehabilitation facilities, are permitted in all residential zoning districts and that community -based residential facilities for 14 clients or less, but not including drug, alcohol or correctional rehabilitation facilities, are permitted in two family and multi family zoning districts. At the public hearing of the South Florida Regional Planning Council (SFRPC) on September 6, 1989, City staff orally concurred with SFRPC's comments. It is believed that all of the SFRPC concerns have been addressed. Im I , A. OBJECTIONS 1. 9J-5011(2)(c)2.d. Proposed amended Policy 2.1.3 does not include a quality standard for the revised level of service for drainage. Recommendation Revise proposed amended Policy 2.1.3 (drainage level of service) to include performance standards for water quality and flood control. Appropriate local and state regulations specifying stormwater quality standards should be adopted by reference to specific regulations as they exist on the date the plan amendment is adopted as an integral part of the drainage LOS standard to measure performance of systems which are designed to remove pollutants from run-off. Appropriate regulations specifying ambient water quality standards should be referenced to protect and prevent further degradation of surface and groundwaters (by run-off). Section 9J-5.0011(2)(c)2.d cited above under A. OBJECTIONS appliies to level of service standards for potable water facilities, not drainage facilities. We believe that the citation is a typographical error, and that Section 9J5.0011(2)(02.c was intended. The provisions of Chapter 9J-5.0011(2)(c)2 regarding level of service (LOS) standards for drainage facilities require the adoption of LOS standards for "c. Design storm frequency for drainage facilities capacity". No mention is made of water quality standards as a requirement of the drainage LOS. 10681 3 -a- Maintenance of water quality standards for stormwater drainage is adressed in the City's Comprehensive Nieghborhood Plan in the following Goals, Objectives, and Policies of the Sanitation and Storm Sewers sub -element: Goal 2; Objective 2.2; Policies 2.2.1, 2.2.2, 2.2.3, 2.2.4, and 2.2.5. In future revisions or additions to these policies, the City will consider the DER request that water quality standards be referenced. However, the City declines to include them in its adopted LOS standard' at this time. B. COMMENTS The City should take the Department of Environmental Regulation's comments into consideration when addressing the above 9J-5.001 (2)(c)2.d objection. Although there is an implication in the revised Policy 2.1.3 that the "20% of the system brought to standard" applies to the existing drainage system, it would be helpful for clarification purposes if the revised Policy 1.2.3 [sic] was rewritten to include "20% of the existing system The City will add the word "existing" as requested, causing the proposed amended policy to read as follows: Policy 2.1.3: Issuance of any development permit shall require comoiiance with a drainage level of service standard of a one -in -five-year storm event. For the entire storm drainage system as a whole. , 20As—percent of the existing system sterm--sevrers will be desgned--fer brought to a standard of a one - in -five-year storm event by the Year 2000. COASTAL MANAGEMENT ELEMENT A. OBJECTIONS Data None Analysis 1. 9J-5.012(e)l. Map amendment PZ-4 (Ormond) proposes to increase density in what appears to be within the hurricane vulnerability zone. The City did not provide a reassessment of its hurricane evacuation plan in regard to the impacts resulting from this increased density, specifically, additional persons requiring evacuation, evacuation routes, and any special needs of the elderly or handicapped relating to this land use change. sossi .30 _9_ Recommendation The City needs to include a reassessment of their Hurricane Evacuation Plan, including all items listed in the above objection as a result of the increased density by the proposed map amendment PZ-4 (Ormond). The reassessment should include impact on hurricane evacuation times. The amendment should not be adopted unless hurricane evacuation times are maintained or reduced. Map amendment PZ-4 (Ormond) is not located within the Hurricane Vulnerability zone (see attached Figure IV.2: "Hurricane Vulnerability Zone"); therefore, this Objection and Recommendation is not applicable (see map attached). Goals. Objectives, and Policies Map amendment PZ-4 (Ormond) proposes to increase from a multi -family medium density use, which allows 40 units per acre, to a multi -family high density use, erhich allows 40-100 units per acre. The proposed amendment is located within the vicinity of the Miami River. The map that the City included identifying the Coastal High Hazard Area As unclear; therefore, it is difficult to determine whether this land use change is located within the 9J-5.003(13) definition of the Coastal High Hazard Area, which includes the V-Zone. Recommendation The City should not encourage increases in density within the Coastal High Hazard Area. Include information identifying whether map amendment PZ-4 (Ormond) is, or is not, located within the FEMA V-Zone. If this amendment is located with FEMA V-Zone, which identifies the Coastal High Hazard Area, the City should not allow an increase in density. City of Miami Response Map amendment PZ-4 (Ormond) is not located within the Coastal High Hazard Area (FEMA V-zone -- see attached Figure IV.3. Areas Subject to Coastal Flooding and High Hazard Flood Areas:); therefore, this Objection and Recommendation is not applicable (see map attached). 3. U-5.013MA l7 and (3)(c)7. The proposed changes to Policy 4.1.2 to address the Coastal High Hazard Area must include the area within the V-zone and that seaward of the Coastal Construction Control Line. The City proposes only [to] include the V-zone except on Virginia Key, which would use the Coastal Construction Control Line. JLasss 3P 10681 WE MIAM I COMPREHENSIVE NEIGHBORHOOD PLAN �� �umiimmuuoauuumi,. '� // one mile CITY OF MIAMI PLANNING DEPARTMENT PREPARATION OF THIS MAP WAS AIDED THROUGH FINANCIAL ASSISTANCE RECEIVED FROM THE STATE OF FLORIDA UNDER THE LOCAL GOVERNMENT COMPREMENSI% PLANNING ASSISTANCE PROGRAM AUTHORIZED SY CHAPTER 64•I67LAWg OF FLORInA AND ADMINISTERED By THE FLORIDA DEPARTMENT OF CT)MM{INIIN' I AFFAIy f Recommendation Revise Policy 4.1.2 to include all areas of the City that are within the FEMA V-Zone, including Virginia Key. (See Response provided after COMMENTS below.) B. COMMENTS The City should take the specific comments by the Department of Natural Resources into consideration when revising Coastal Management Policy 4.1.2. Ifurme AV.ii •.i - The only part of the City of Miami's coastline that has a designated Coastal Construction Control Line (CCCL) is the Atlantic Ocean coast of Virginia Key; therefore, that coastline was specifically identified in the proposed amended Policy 4.1.2. It appears, however, that the wording as proposed by the City is not clear to those who might be unaware of this local situational fact. Therefore, the City will revise the proposed amended Policy 4.1.2 to make clear that the FEMA 'Y' zone aplies to all the City's coastline except on Virginia Key, where there is also a CCCL, causing the proposed amended Policy 4.1.2 to read before and after the change as follows: Before change of wording: Policy 4.1.2: Continue to ensure that all development and redevelopment conforms to proper elevation requirements in the Coastal High Hazard Area- y which is defined as that area identified as a 'Y' zone by the Federal r After change of wording: see map attached). Policy 4.1.2: Continue to ensure that all development and redevelopment conforms to proper elevation requirements in the Coastal High Hazard Area- J_r2__J __ -- n 111111—...we. 1— +I.e CnAnr.51 (see map attached). 10681 - 11 - z a �s �� [ a n s• at Avg K fA A A ` T� �n 7 g = AC z � s a o z = r'tt,Or m m s.s1 ar wt. i ' IN M IN IS D D 13 °z a ; I 8 O y i AVC Q A v � D D � r � u aK f t f 1.0 roW s.w,a. aL1A r. e �o z z a rn a 3 n o z 1 OGSIL MI AM I COMPREHENSIVE NEIGHBORHOOD PLAN / one mile CITY OF MIAMI PLANNING DEPARTMENT PREPARATION OF THIS MAP WAS AIDED THROUGH FINANCIAL ASSISTANCE RECEIVED FROM THE STATE OF FLORIOA UNDER THE LOCAL GG:ERIIMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM AUTHORIZED By CHAPTER 45-18T.LAWS OF FLORIDA AND ADMINISTERED BY IHE FLORIDA DEPARTMENT or rommuNIIY AFFAIRR CAPITAL IMPROVEMENTS A. OBJECTIONS Data None Analysis None Goals.Objectives, and Policies 1. U- 5.016(3) (04. Revised Capital Improvements Policy 1.2.3 does not include a quality standard for the Drainaae Level of Service. Recommendation Revise Capital Improvements Policy 1.2.3 to include a water quality standard for the Drainage LOS. This revised policy should be consistent with the Drainage Policy 2.1.3. City of Miami Response See response to "Drainage Sub -Element", preceding. B. COMMENTS None CONSISTENCY OF LOCAL GOVERNMENT COMPREHENSIVE PLAN WITH THE COMPREHENSIVE REGIONAL POLICY PLAN AND WITH THE STATE COMPREHENSIVE PLAN STATE COMPREHENSIVE PLAN A. OBJECTIONS 1. 9J-5.021 The following proposed amendments are inconsistent with the State Comprehensive Plan (187.291, F.S.) 10681 3t a) Proposed text amendment PZ-22, which establishes a Coastal High Hazard Area which is not consistent with Rule 9J-5.003(13) P.A.C., definition and map amendment PZ-4, vihich possibly allows increased density in a Coastal High Hazard Area, are inconsistent with Policy (7)(b) 24 and 25 which state "require local governments, in cooperation with regional and state agencies, to prepare advance plans for the safe evacuation of coastal residents" and "require local governments, in cooperation with regional and state agencies, to adopt plans and policies to protect public and private property and human lives for the effects of natural disasters". Recommendation Revise the Coastal High Hazard designation to be consistent with the 9J-5.003(13) definition and ensure that an increase in density does not occur within the Coastal High Hazard area. PUR95M ••f (See response to "Coastal Management Element", preceding.) 2. Proposed text amendment PZ-22, relating to the revised Drainage LOS does not include a quality standard and would result in additional negative impacts on the surrounding water bodies and marine and other natural resources. Therefore, proposedtext amendment PZ-22 is inconsistent with Policies (8) (10) and (12) which state "Protect surface and groundwater quality and quantity in the state and "eliminate the discharge of inadequately treated stormwater runoff into the waters of the state" and Policies (9)(b)5,6, and 7 which state "Protect coastal resources, marine resources, and dune systems from the adverse effects of development", "Encourage land and water uses which are compatible with the protection of sensitive coastal resources", and "protect and restore long-term productivity of marine fisheries habitat and other aquatic resources". Recommendation Include a water quality standard in the City's revised level of service standard for drainage. (See response to Drainage Sub -Element", preceding.) - 13 10681 LL 3. Proposed text amendments PZ-21, relating to the changes made to Objective 1.3 and Policy 1.3.4, which address adequate sites in residential areas for group homes etc... may make the standards for such more restrictive, therefore, possibly being inconsistent with (5) (b)1 which states "eliminate public policies which result in housing discrimination, and develop policies which encourage housing opportunities for all Florida's citizens." Recommendation Include an explanation of "subject to the requirements and limitations to the Zoning Ordinance" ensuring that this language will not make the standards for Community Based Facilities more restrictive. City of Miami Response (See response provided for HOUSING ELEMENT section.) REGIONAL POLICY PLAN A. OBJECTIONS 91IRMIW" a) Proposed text amendment PZ-21, changes to Objective 1.3 and Policy 1.3.4, is inconsistent -with Regional Policy 16.1.0 which states "encourage inclusion of policies in the local government comprehensive plans which prevent exclusion of group homes and foster care facilities by zoning." Recommendation Revise amendments to be compatible with and further the above - referenced concerns and policies of South Florida Regional Policy Plan. (See response provided for HOUSING ELEMENT section.) b) Proposed text amendment PZ-22, relating to the designation of the Coastal High Hazard area and map amendment PZ-4 (Ormond) which possibly proposes an increased density in the Coastal High Hazard Area are inconsistent with Regional concern relating to growth in high hazard areas. Recommendation Revise amendments to be referenced concerns and Plan. compatible with and further the above - policies of South Florida Regional Policy 10f 81.. - 14 - lity of Miami Respons (See response to "Coastal Management Element", preceding). c) Proposed text amendment PZ-22, does not include a quality standard in the revised Drainage LOS Policies 1.2.3 and 2.1.3 which is inconsistent with Regional Policy 37.1.4 which states "individual drainage system should not adversely impact water quantity or quality of the surrounding area. Recommendation Revise amendments to be compatible with and further the above - referenced concerns and policies of South Florida Regional Policy Plan. City of Miami Response (See response to "Drainage Sub -Element", preceding.) 10681 - 15 - vY SECTION II Map amendment PZ- 3 (7/27/89)"Gerrits" * PZ-13 (7/27/89)"Coconut Grove" * The Department of Community Affairs had no objections, recommendations, or comments to this map amendment. SECTION II DCA OBJECTIONS, RECOMMENDATIONS AND COMMENTS TO CITY OF MIAMI Comprehensive Plan Amendments A. OBJECTIONS None. B. COMMENTS Proposed map amendment PZ-3 proposes to allow a general commercial land use in a residential area which is potentially an incompatible commercial use with the surrounding neighborhood uses. The City has stated that this land use change is supported by Future Land Use Objective 1.2 which requires the City to promote the redevelopment and revitalization of blighted, declining, or threatened commercial and industrial areas. However, the City should include more information concerning why this land use amendment is consistent or supported by Future Land Use Objective 1.2 (identifying it as a blighted area and providing a specific explanation for how this change will promote revitalization and redevelopment in the area). Also, demonstrate that this would ensure compatibility with the surrounding uses. The Department suggests the City include an analysis of how the amendment PZ-3 parcel would be developed pursuant to local land development regulations and special conditions in order to ensure compatibility with surrounding uses. The subject parcel, as stated in Attachment 6B of the City's Amendment Transmittal to DCA, is located in the Wynwood Community Development (CD) Target Area. The socio-economic characteristics of the area qualified Wynwood as a CD Target Area, providing resources to improve the quality of its residential and economic environment through, among others, commercial rehabilitation. The MCNP Data and Analysis identifies characteristics that demonstrate the declining nature of the area and the need for revitalization. For instance, this area of Wynwood experienced a decrease in population during the 1970-1980 period in the range of 500 to 1000 residents. The percent of families below the poverty level during the same period increased as well. In 1970 it was estimated to be between 20% and 30%. By 1980 the percentage had increased to over 30%. These percentages are well above the City average of 16.4% in 1970 and 19.9% in 1980. This trend parallels that of the entire Wynwood Target Area, where figures show that the civilian labor force decreased by -4.7% between 1970 and 1980. One root cause for this decline is the lack of jobs in the area. As noted in Attachment 6B, the City purchased property from the owner/applicant to expand Roberto Clemente Park. The property had been part of the applicant's business site.. To mitigate the impact on this established business and possible loss of jobs, additional land was needed. The resulting business expansion effort would serve to stimulate additional employment opportunities in the area. This proposed land use amendment is compatible with the surrounding uses. The parcels are contiguous to those presently owned by the applicant and utilized for his business. The additional parcels would expand an existing business within an established commercial corridor along NW 2nd Ave. The amendment would not detract from, nor divide, the currently established residential neighborhood since the land use to the south is designated as "Recreation". Any development undertaken by the applicant to improve the subject parcels will require local land development regulation permits that ensure compatibility with the surrounding properties. HOUSING ELEMENT A. OBJECTION None. B. COMMENTS Proposed map amendment PZ-3 would eliminate a maximum of 20 units of medium density multi -family residential units. It appears the City has limited lands available to provide for their projected housing needs. The•City should include more analysis of the impacts on the housing needs for the City as it relates to the elimination of 20 units of medium density multi -family residential units. 10681 3 z- - 18 - 1 Though the City has limited lands available to generate new housing units and the City as a whole desires more affordable housing, the Wynwood Community Development Target Area experienced an increase in the vacancy rate of existing residential units during the 1970-1980 period. In 1980, 881 housing units were vacant compared to 525 vacant units in 1970. This is an increase to 10.78% in 1980 compared to 6.65% in 1970 (MCNP Data & Analysis). The elimination of 20 units by this land use amendment could be sufficiently absorbed through the existing vacancies in the area. Doc:[sys]<comp>dca/orc 12/01/89 10681. - 19 LAW OFFICES GREGG J. ORMOND 8 ASSOCIATES SECOND FLOOR - 306 ALCAZAR AVENUE CORAL GABLES. FLORIDA 33134 TELEPHONE (305) 446.5500 GREGG J. OP-mOND P1TTUaA A. PEOPLES JORGE A. LOPEZ JoHN F. Liz F COMM February 23, 1989 Gloria Fox City of Miami Building & Zoning Dept. 275 N.W. 2nd Street Miami, Florida 33128 RE LOTS 1 - 10 BLOCK B RIVERVIEW PB 5/43 PLAN AMENDMENT & ZONING CHANGE Dear Gloria: Enclosed please find two copies of the revised owners lists and four updated surveys for the referenced parcels. If you have any questions, please let know. Very truly ours, RMOND, E UIRE nclosures as stated GJO/lo gloria.ltr r1•• 1. G & J Investment Corporation, Inc. 8600 U. S. Highway Sebastian, Florida (513) 761-5071 (a) Owns Lots 5, 6, 7 & 8 of Block B of Riverview Subdivision P.B. 5/43 899 N.W. 4th Street, :Miami, Florida Has a* contact to purchase the South 100 feet of Lot 9 Block B of Riverview Subdivision P.B. 5/43 843 N.W. 4th Street, Miami, Florida (b) it owns no other property within a 375 foot radius. Officers: Gerald Keller, President Arlene Keller, Vice -President Bonnie Mizenis, Secretary Jeneane Keller, Treasurer Shareholders: Arlene Keller 25% Gerald Keller 25% Jeneane Keller 25% Bonnie Mizenis 25% All officers and shareholders can be reached through the corporate address. They do not own any other property within a 375 foot radius. 2. Stacey Health Care Centers, Inc. 899 N.W. 4th Street Miami, Florida (305) 326-1236 (a) 7s a tenant of G & J Investments and leases Lots 5, 6 & 7 of Block B of Riverview Subdivision P.B. 5/43 (b) It owns no .other property within a 375 foot radius. Officers: Ralph Stacey, President Richard Stacey, Secretary Shareholders: Ralph Stacey (Indirectly) owns 90% Richard Stacey owns 10% All officers and shareholders can be reached through the corporate address. They do not own any property within a 375 foot radius. • 91�36�1 5 3. (a) Pastor Ramirez owns a undivided 50% and Elsa Ramirez owns an undivided 50% of the South 100 feet of Lot 9, Block B of Riverview P.B. 5 Page 43, Their address and the property address is: 843 N.W. 4th Street Miami, Florida 33128 (-305) 324-7681 (b) They do not own any property within a 375 foot radius. 4. (a) Lazaro Rodriguez owns an undivided 50% and Ana Rodriguez owns an undivided 50% of the West 45 feet of the South 100 feet of Lot 10 Block B of Riverview P.B. 5/43. Their address and the property address is: 837 N.W. 4th Street Miami, Florida 33128 (305) 545-5234 (b)* Lazaro Rodriguez also owns an undivided 50% of Lot 4 Block 6 of Riverview P.B. 5 Page 43, 826 N.W. 4th Street, Miami, Florida 33128. Ana Rodriguez does not own any property within a 375 foot radius. 5. (a) Estate of Valintin "Rodriguez, c/o Carlos Santos, Esquire, 118 Madeira Avenue, Coral Gables, Florida 33134, (305) 441-8848, owns 100% of the East 5 feet of the South 100 feet of Lot 10 Block B of Riverview P.B. 5 Page 43, 831 N.W. 4th Street, Miami, Florida 33128 (b) The Estate also owns 100% of the West 40 feet of South 100 feet Lot 11 Block B of Riverview P.B. 5 Page 43, 831 N.W. 4th Street, Miami, Florida 33128 --and-- 100% of Unit #1 Windsor Estates Condo 42 Block 6 Lot 3 of Brickell Riverview P.B. 5, Page 43, 818 N.W. 4th Street, #1, Miami, Florida 33128 The remainderman beneficiaries under the Will of Valintin Rodriguez can be reached through Carlos Santos, Esquire (address above) and are as follows: Remainder Interest Rosa Rodriguez 1/6 Lazaro Rodriguez 1/3 Alicio Rodriguez 1/3 Josepha Rodriguez 1/6 10681 No specific allocation of interest has yet been ordered by the Probate Court. Lazaro Rodriguez owns the property listed above 6 in 4(b). Alicio Rodriguez owns an undivided 50% of Lot 4 Block 6 of Riverview P.B. 5 Page 43, 826 N.W. 4th Street, Miami, Florida 33128. The other beneficiaries do not own any property within a 375 foot radius. 6. (a) Joel C. Parks owns an undivided 50-% interest and Katherine Parks owns an undivided 50% interest in Lots 9 & 10 less the South' 100 feet in Block B Riverview P.B 5 Page 43. :heir address and the property address is: 430 N.W. South River Drive Miami, Florida 33128 (305) 545-5200 (b) Joel C. Parks and Katherine Parks also each own an undivided 50% interest in: Lot 11 less the South 100 feet in Block B Riverview P.B. 5, Page 43, 430 N.W. South River Drive, Miami, Florida 33128 --and-- Land and Riparian rights between the west line of Block A :niami South and the East line of Block C P.B. 5 Page 43 from N.W. South River Drive to River Block A, a strip of land in City of Miami South P.B. B page 41, 801 N.W. 4th Street, Miami, Florida 33128. 7. Philips Hardware Co. n/k/a United Marine, Inc. 16110 N.W. 13 Avenue Post Office Box 3640 Miami, Florida 33169 (a) Owns Lots 1, 2. 3 & 4 of Block B of Riverview P.B. 5 .age 43, 490 N.W.• South River Drive, Miami, Florida 33128. (b) It also owns the triangular Block East of N.W. 9th Avenue, North of N.W. 5th Street and South and West of South River Drive in Block B of Riverview P.B. 5 Page 43, 500 N.W. South River Drive, Miami, Florida 33128 Officers: Theodore J. Lotz, President William Riska, vice President Guy B. Bailey, Treasurer Charlotte Babcock, Secretary Shareholders: 100% owned by United Resources,Inc. (a publicaly held company) 2699 S. Bayshore Drive, Suite 800-A Miami, Florida 33133 LOGS1 Officers (United Resources): Guy B. Bailey, President, Treasurer John Bailey, Vice President Vi Malcom, Secretary Shareholders (United Resources): Guy B.Bailey 30.7% Estate of Areca Bailey 30.2% Charlotte Babcock 7.0% Mary Babcock 7.1% E. Vose Babcock 6.9% Misc. others 18.10 (less than 5% each) All of the shareholders can be reached through the corporate address. None of them own any property within a 375 foot radius. owners.lst Application 0 Date: CITY OF MIAMI PLANNING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 •_ APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section 62-17'of the Code of the City of Miami, Periodic review, additions and amendments to the adopted comprehensive plan, reads as follows: Periodically, but not less often than once in five (5) years or more often than once in two (2) years, adopted comprehensive plans or a portion thereeof shall be reviewed by the planning advisory board to determine whether changes in the amount, kind or direction of development and growth of the city or area thereof, or other reasons, make it necessary or beneficial to make additions or awnd�is to the comprehensive plans, or portion thereof. If the city commission desires an ameAdment or addition, it may, on its own motion, direct the planning department to prepare such aeaendment for submission to and review by the planning advisory board. The planning advisory board shall make a recommendation on the proposed plan amendment to the city, commission within a reasonable time as established by the city -commission. The procedure for revising, adding to or amending comprehensive plans or portions thereof shall be the same as the procedure for original adoption. This petition is proposed by: ( ) City Commission ( ) Planning Department ( ) Zoning Board ( X) Other & Please ( Specify: Gregg J. Ormond, as ) authorized agent Eor pwners 1"aV;7,!V The subject property is located at 899-gam N.W. 4th Street, 11-40 AA01 41e90 N. uJ. vurh W)W_ Zvi.. yy9 n/� 9N► Miami —FL AND MORE PARTICULARLY DESCRIBED AS: / nWXi(� 14) Lot(s) Block(s) B_ Subdivision Rlberview PB 5, PG.' 43 10681 rage i oT 5 The under signe )ding the owner or the repres. ative of the owner, of the subject property dotes) respectfully request the u0proval of the City of Miami for the following amendment(s) to the Miami Comprehensive Neighborhood Plan for the above -described property as indicated in the Land Use Plans FROM: Moderate/High Density r TO: High Density +r i Please supply a statement indicating why you think the existing plan designation is inappropriate. SEE ATTACHED Please supply a statement justifying your request to change the p'in to your requested plan designation. SEE ATTACHED What is the acreage of the pro"Fty being requested for a change in plan designation? 0681 acre �� �' e, 41, Has the aesigna• n of this property oeen cnanger in Lne ias t yeart NO Do you own any other property within 200' of the subject property? Ne If i yes, has this other property been granted a change. in plan designaff"a"Am"w thin 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 Department? YES Have you filed with the Planning and Zoning Boards Administration Department: - Affidavit of ownership? YES - List of owners of property within 375' of the subject property - Dis osure of ownership forms YES If not, please supply,hem. SIGNATURE DATE NAME GREGG J. ORMOND _. _.�_ _ _• .. - ADDRESS 306 Alcazar Ave., Coral Gables, FL 3313A PHONE (305) 446-5500 STATE OF FLORIDA) SS: COUNTY OF DADE ) - _ . -- - •- . -- _-- . . - GREGG J. ORMOND--' -` being duly samorn. deposes and says that he is the (Authorized Agent for Owner) of tine real property described aboves that he has read the foregoing answers and that the saes are and complete; and (if 'acting as agent for owner) th he has ority � to this petition on behalf of the owner. / (SEAL) SWORN TO AND SUBSCRIBED before me this l8' day _ of Nora- 1 g8 8 . 0 - - Notarx u c ate lot orida at Larne ----------- I "OTARY P!:°!.I.' ""TE ^F rL^i.M MY COMMISSION EXPIRES: :.Y COPMI ,,:: _z:�. ;. • BONDED Tii4U GE;;E;%AL L:S. UA. Computation of Fee: Receipt is o a ae 3 of 1 '88 J,:1`427 P 3 :58 Please supply a statement indicating why you think the existing plan designation is inappropriate. The existing plan designation does not reflect the existing use of the majority of the property for the past twenty-five years. The density designations for residential areas do not appropriately take into consideration the needs of specially permitted uses such as nursing homes. Please supply a statement justifying your request to change the plan to your requested plan designation. The high density use designation is required to permit the RG 3-5 zoning designation which permits nursing homes by special exception. However, many of the concerns typical of a higher density are not present where the intended use is a nursing home. The change will not adversely impact the surrounding neighborhooa and the proposed addition to the existing structure will meet all standard Lui Ratios; a significant improvement to the existing structure. HRS has issued a certificate of need for additional skilled nursing beds in the community, thus, passage of the ammendment will be consistent with plans intent of meeting the needs of its elderly residents. Re -Designation of Lots 1 through 10 although not all are to be used for the nursing home will provide a uniform designation for the block. 10681 AFFIDAVIT STATE OF FL=A) SS. (70U M OF DADE ) '88 27 10 3 '58 Before me, the undersigned authority, this day personally appeared Gregg J. Ommc, Asa. who being by rre first duly sworn, -upon oath, deposes and says: 1. That he, the legal representative of the owner, submitting the accompanying application for a public hear:Lng as required by Ordinance No. 9500 of the Code of the City of Miami, Florida. effecting the real property located in the City of Miami as described and Listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given t."heir full and complete permission for him to act in their behalf for the change or modification of a classification or regulation of toning as set out :Ln the acca=panyang petition. 3. That the pages attached hereto and Trade a part of this affidavit contain the current names, mailing addresses, phone =nbers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts 'as represented in, the appii caticn and docur:eZts submitted in cenjun=ion with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subscribed before me this S q day of 21ly-aaLN 19 J Wbj ary P.iblic, State of Florida at Large .J ,Ay Ccr,mi%sion Fxpires : NOTARY DJKX STATE CF FLMWA my Em.NW- 0.1m BUM TIM WU& M . UND. 10681. OWNER'S LIST Owner's dame G & J INVES'D= COP,P Mailing Address c/o OMX=t 306 Alcazar Avenue, Coral Gables, FL 33134 Telepnone Number(305) 446-5500 Legal Description: Lot 5, 6, 7 and 8 of Block B of Riverview P.B. 5 Page 41 Owner's Name PASTOR and ELSA PAM= Mailing Address E43 N.D. 4th Street, Miami, FL 33128 Telephone Number_ Legal Description: South 100 feet of Lot g, Block B of Riverview P.B. 5 Page 43. 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 Leoal Description NM Street Address Leaal Description NONE Street Address Leaal Descriotion Ll:lIV 8lAM QR. H HIE A,,...• Drscza�cr� o� 'ac�g� '88 27 •P 3 •,��g . 1. Legal description and street address of subject real praperty. 833�-899 N.W. 4th Street and. approxinztely 430 X.iti. South diver 1) rive. W& 1090 N'UJI Lots 1-10 inclusive, Block B of B.iverview, according to the gist 5a4yv, R,k& PR,v(' thereof as recorded in Plat Book 5, race 43 of Public P.ec:orP.s of 'k1-4ygA41.. ?4A Dade County. 2. Ownerts) of subject real property and -percentage of ownership. Note: City of Miami Ordinance No. 5419 requires disclosure of all parties aysng 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 aarporationso beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. FL ESE SEE ATPA= S=_ 3. Leu.&L description ansi street address of any z -:al prope-z t . ! -0 owned by any party listed in answer to question r.^., arxi (b) I ocated within 375 feet of the subject real property. 'C614 R 0X/'A=RJRy FOR QNWR STATE OF FLORA ') SS: COMWY OF DAOE ) C�•e; %--/;.? -, r7 — Z I I w7z> �6 , being duly sworn, deposes and says that ne is the -tT (Attorney for owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and c=plete; and (if acting aVitorney for owner) that he has authority to execute this Dis sure o Ownership foam on behalf of the owner. (SEAL) SMK4 TO AMID S before me this o2 ` day of i =�198c. rio Public, State t F1 ida at Large NOTARY PUBLIC STATE OF FLORIDA %Y CO.IMISSIM EUIRES: MY COMMISSION EXP. NOV. 5,1990 1. G & J Investment Corporation, Inc. 8600 U. S. Highway Sebastian, Florida (513) 761-5071 (a) Owns Lots 5, 6, 7 & 8 of Block B of Riverview Subdivision P.B. 5/43 899 N.W. 4th Street, Miami, Florida Has a' contact to purchase the South 100 feet of Lot 9 Block B of Riverview Subdivision P.B. 5/43 843 N.W. 4th Street, Miami, Florida (b) It owns no other property within a 375 foot radius. Officers: Gerald Keller, President Arlene Keller, Vice -President Bonnie Mizenis, Secretary Jeneane Keller, Treasurer Shareholders: Arlene Keller 251% Gerald Keller 25% Jeneane Keller 253% Bonnie Mizenis 25% Ail officers and shareholder-s can be reached through the corporate address. They do not"own any other property within a 375.foot radius. 2. Stacey Health Care Centers, Inc. 899 N.W. 4th Street Miami, Florida (305) 326-1236 (a) Is a tenant of G & J Investments and leases Lots 5, 6 & 7 of Block B of Riverview Subdivision P.B. 5/43 (b) it owns no other property within a 375 foot radius. Officers: Ralph Stacey, President Richard Stacey, Secretary Shareholders: Ralph Stacey (Indirectly) owns 90% Richard Stacey owns 10% All officers and shareholders can be reached through the corporate address. They do not own any property within a 375 foot radius. 10681 3. (a) Pastor Ramirez owns a undivided 50% and Elsa Ramirez owns an undivided 50% of the South 100 feet of Lot 9, Block B of Riverview P.B. 5 Page 43. ':heir address and the property address is: 843 N.W. 4th Street Miami, Florida 33128 (SOS) 324-7681 (b) They do not own any property within a 375 foot radius. 4. (a) Lazaro Rodriguez owns an undivided 50% and Ana Rodriguez owns an undivided 50% of the West 45 feet of the South 100 feet of Lot 10 Block B of Riverview P.B. 5/43. Their address and the property address is: 837 N.W. 4th Street Miami, Florida 33128 (305) 545-5234 (b) Lazaro Rodriguez also owns an undivided 50% of Lot 4 Block 6 of Riverview P.B. 5 Page 43, 826 N.W. 4th Street, Miami, Florida 33128. Ana. Rodriguez does not own any property within a 375 foot radius. 5.(a) Estate of Valintin"Rodriguez, c/o Carlos Santos, Esquire, 118 Madeira Avenue, Coral Gables, Florida 33134, (305) 441-8848, owns 100% of the East 5 feet of the South 100 feet of Lot 10 Block B of Riverview P.B. 5 Page.43, 831 N.W. 4th Street, Miami, Florida 33128 (b) The Estate also owns 100% of the West 40 feet of South 100 feet Lot 11 Block B of Riverview P.B. 5 Page 43, 831 N.W. 4th Street, Miami, Florida 33128 --and-- 100% of Unit #1 Windsor Estates Condo #2 Block 6 Lot 3 of Brickell Riverview P.B. 5, Page 43, 818 N.W. 4th Street, #1, Miami, Florida 33128 The remainderman beneficiaries under the Will of Valintin Rodriguez can be reached through Carlos Santos, Esquire (address above) and are as follows: Rosa Rodriguez Lazaro Rodriguez Alicio Rodricuez Josepha Rodriguez Remainder Interest 1/6 1/3 1/3 1/6 10681. No specific allocation of interest has yet been ordered by the Probate Court. Lazaro Rodriguez owns the property listed above in 4(b). Alicio Rodriguez owns an undivided 50% of Lot 4 Block 6 of Riverview P.B. 5 Page 43, 826 N.W. 4th Street, Miami, Florida 33128. The other beneficiaries do not own any property within a 375 foot radius. 6. (a) Joel C. Parks owns an undivided 50% interest and Katherine Parks owns an undivided 50% interest in Lots 9 & 10 less the South' 100 feet in Block B Riverview P.B 5 Page 43. Their address and the property address is: 430 N.W. South River Drive Miami, Florida 33128 (305) 545-5200 (b) Joel C. Parks and Katherine Parks also each own an undivided 50% interest in: Lot 11 less the South 100 feet in Block B Riverview P.B. 5, Page 43, 430 N.W. South River Drive, Miami, Florida 33128 --and-- Land and Riparian rights between the west line .of Block A Miami South and the East line of Block C P.B. 5 Page 43 from N.W. South River Drive to River Block A, a strip of land in City of Miami South P.B. S page 41, 801 N.W. 4th Street, Miami, Florida 33128. 1. 7. Philips Hardware Co. n/k/a United Marine, Inc. 16110 N.W. 13 Avenue Post Office Box 3640 Miami, Florida 33169 (a) Owns Lots 1, 2, 3 & 4 of Block B of Riverview P.B. 5 Page 43, 490 N.W. South River Drive, Miami, Florida 33128. (b) It also owns the triangular Block East of N.W. 9th Avenue, North of N.W. 5th Street and South and West of South River Drive in Block B of Riverview P.B. 5 Page 43, 500 N.W. South River Drive, Miami, Florida 33128 Officers: Theodore J. Lotz. President William Riska, Vice President Guy B. Bailey, Treasurer Charlotte Babcock, Secretary Shareholders: 100% owned by United Resources,Inc. (a publicaly held company) 2699 S. Bayshore Drive, Suite 800-A Miami, Florida 33133 10681 I� Officers (United Resources): Guy B. Bailey, President, Treasurer John Bailey, Vice President Vi Malcom, Secretary Shareholders (United Resources): Guy B.Bailey 30.7% Estate of Areca Bailey 30.2% Charlotte Babcock 7.0% Mary Babcock 7.1% E. Vose Babcock 6.9% Misc. others 18.1% (less than 5% each) All of the shareholders can be reached through the corporate address. None of them own any property within a 375 foot radius. owners.lst 1®s81 19 - F U it CXC 26 t!l II. 32 IJJJ MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on 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 advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10681 in the ............ X....I...................... Court, was published in said newspaper in the Issues of December 21, 1989 Afflant further says that the sold Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously gubllshed In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and efflant furjher says that she has neither paid nor promised any person, rm or corporation any discount, rebate, commission or raludb IJIF the purpose of securing this advertisement for publics o in the said newspaper. `�, f�►ttrlr,�r �4��-C L r �� • �� Sw�oot and su cribed before me this 21= December : 89 _= dayol .. �.�. Uj -__ .�, A.D. 19...... . . y.'.• i1 • *t Sand....... � otary PNbif�; ale of Fl da at Large (SEAL) ',`i, X1 • • i` %" My Commisdly)rr�6t{EptRIb1r@�Q�� 1991. MR 114A /1litrtlilttt Yt.EQNI►1,NOTICN, f All interested persons will take notictif•that -dui the 14th dAy ot; Deoernber, 1989, the City Commission of Miami, Flor)ds; adopted the following titled ordinances, ORDINANCE NO.106?9 AN EMERGENCY ORDINANCE ESTABLISHING "A NEW SPECIAL'': REVENUE FUND ENTITLED., "GRAND PRIX:10001.1; APPROPRI• ATING FUNDS FOR iTS OPERATION IN'THE AMOUNT OF S750,000 FROM THE STATE OF FLORIDA DEPARTMENT OF -' COMMERCE; DIVISION OF ECONOMIC DEV> L'OPMENT, CONTAINING A REPEALER PROVISION ANDSEVERABiLITY. CLAUSE. ORDINANCE NO.10b80 AN ORDINANCE AMENDING., THE FUTURE LAND USE MAP OF, ' ORDINANCE NO. 10644, AS AMENDED, THE MIAMICOMP,RE, HENSIVE NEIGHBORHOOD PLAN 1980.20W,'FOR PROPERTY'`' LOCATED FOR THE, THREE -BLOCK AREA'BOUNDED BY' NORTHWEST 15TH AND 1TTH STREETS, BETWEEN NORTH WEST 28TH AND 30TH AVENUES, MIAMI, FLORIDA (MORE PAR. TiCULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGN-: NATION OF THE.SUBJECT PROPERTY 'FROM DUPLEX REST- DENTIAL TO SINGLE-FAMILY RESIDENTIAL; MAKING FINDINGS; INSTRUCTING -THE .CiTY CLERK TO TRANSMIT A,COPY OF THIS ORDINANCE TO THE AFFECTED AGENCY; AND'PROVID• :- ING A REPEALER PROVISION, SEVERABIUTY CLAUSE AND EFFECTIVE DATE. ORDINANCE NO.10691 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; : 1989.2000, FOR PROPERTY LOCATED AT APPROXIMATELY 833.899 NORTHWEST 4TH STREET, 430 AND 400 NORTHWEST SOUTH RIVER DRIVE, AND 401.449 NORTHWEST 9TH AVENUE, ' MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED hEREiN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROP- ERTY FROM MULTIFAMILY MEDIUM DENSITY' RESIDENTIAL TO MULTIFAMILY HIGH DENSITY RESIDENTIAL; MAKING FIND. INGS; AND PROVIDING AN EFFECTIVE DATE., ORDINANCE NO.10682 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI`° NANCE NO. 9500, THE ZONING ORDINANCE OF7HE.CITY0F,. MIAMI; FLORIDA, BY; CHANGING THE ZONING CLASSIFICATION 'OF 401449 NORTHWEST 9TH AVENUE, 833498 NORTHWEST 4TH STRE& AND APPROXIMATELY 430 AND.490`NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA ,(MORE,PARTICULARLY .: DESCRIBED HEREIN),,FROM RG46 GENERAL RESIDENTIAL TO RG-T5 GENERAL RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.35 OF SAiD ZONING ATLAS MADE A PART-OF.ORDINANCE:NO. 9500 BY REFERENCE,AND DESCRIPTION ,IN:ARTICLE 3; SEC- TION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY, CLAUSE. ORDINANCE NO.10683 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED,'THE MIAMI'COMPRE•• HENSIVE NEIGHBORHOOD PLAN 1989.2000, FOR PROPERTY LOCATED AT APPROXIMATELY 146.170 N.W,'35TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED, HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROP. ERTY FROM MULTIFAMILY MEDiUM,OENSITY- RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO TRANSMIT" THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PRO- VIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. ORDINANCE NO. 10684 . ' AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI• NANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 145.170 NORTHWEST 35TH STREET, MiAMI,' FLORIDA (MORE PARTICULARLY' DESCRIBED HEREIN) FROM RG•2f5 GENERAL RESIDENTIAL TO CG•1f7 GENERAL COMMER•' ' CIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NEC- ESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300; THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10585 AN ORDINANCE WITH ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN". 1989.2000, FOR PROPERTY LOCATED AT APPROXIMATELY 3490`, AND 3500 MAIN HIGHWAY, MIAMI, FLORIDA (MORE PARTICU LARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM RESTRICTED 'COMMER- CIAL AND SINGLE-FAMILY RESIDENTIAL TOMAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; MAKING FIND- INGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED AGENCIES; AND. PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE .. AND EFFECTIVE DATE, ORDINANCE NO.10866 AN ORDINANCE AMENDING THE ZONING ATLAS OF.ORDI- NANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF 3490 AND 3500 MAiN HIGHWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM SPi-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND RS02 ONE FAMILY DETACHED RESIDENTIAL TO GU GOVERN- MENT USE BY MAKING FINDINGS; ANi) BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO, 46 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO, 9500 BY REFER- ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THERE. OF; CONTAINING A REPEALER PROVISION AND A`SEVERAPIL- ITY CLAUSE. Said ordinances may be Inspected by the public at the Office of the City Clark, 3560 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours 'of 8i0D'a.m. and 5:00 p.m. (6235) - MATTY HIRAI CITY CLERK 12121 MIAMI, FLORIDA: 89,4.122123M