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HomeMy WebLinkAboutO-10446J-88-270 4/6/88 IL0446 ORDINANCE N0. AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 829-833 SOUTHWEST 29TH AVENUE, MIAMI, FLORIDA AND APPROXIMATELY 829 SOUTHWEST 28TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE HIGH DENSITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL; AND MAKING FINDINGS. WHEREAS, the Miami Planning Advisory Board, at its meeting of March 2, 1988, Item No. 2, following an advertised hearing adopted Resolution No. PAB 21-88, by a 8 to 0 vote, RECOMMENDING APPROVAL of an amendment to the Miami Comprehensive Neighborhood Plan and Addenda (September 1985), 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami Comprehensive Neighborhood Plan and Addenda (September 1985), is herebv amended by chanaina the designation of that certain parcel of real property located at approximately 829-833 Southwest 29th Avenue, Miami, Florida and approximately 829 Southwest 28th Avenue, Miami, Florida, more I particularly described as Parcel 1, being the South 110 feet of Lot 4, of MAYWOOD, as recorded in Plat Book 3 at Page 69, of the Public Records of Dade County, Florida, and Parcel 2, being Lots 4 and 5 of Block 3, of CITRUS PARK SUBDIVISION, as recorded in Plat Book 6 at Page 145, of the Public Records of Dade County, Florida, from Moderate High Density Residential to Commercial -Residential. Section 2. It is hereby found that this Comprehensive Plan designation change: a. Is necessary due to changed or changing conditions; IL0446 N 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; C. 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. PASSED ON FIRST READING BY TITLE ONLY this 28th day of April, 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of June,1988. MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: JAVIER fL.SUAREZ MAYOR APPROVED S TO FORM AND CORREC ES : L E. MAXWEL I' . DOU HERTY AS ISTANT CITY ATTORNEY TY ATTORNEL JEM/db/M295 I, Matty Hirai, Cleik of the City of Miami�dow hereby certif • that on tlic- /moo tiny of. A. 1). 19 f�i Poll, tr,.te and correu.t cop; of the nbov8 and i.�re;oin„ ordinn.nee Nvn, pasted at the Sun4h Door o" thc: Dade Count.- C -urt 11-nose at the place provided ..or Helices and publi ati•His by attaching said copy to di-.- ,lace provid r.l thcref _;r. l�I:'1"'vl_••.�i my h-vul anil thi�ial c%»1 of cui� PZ.23 PLANNING FACT SHEET APPLICANT Shopping Plaza Corporation Joseph Weiss, Trustee Lamar, Inc. L of da Alfonso, President Simon Ferro, Attorney for applicants: November 6, 1987; amended February 7, 1988 PETITION 2. APPROXIMATELY 829-833 SW 29TH AVENUE Parcel 1, being the s. 110' of lot 4 MAYWOOD (3-69) P.R.D.C. and Parcel 2, being Lots 4 and 5 B1 ock 3 CITRUS PARK SUBDIVISION (6-145) P.R.O.C. Consi derati on of amending the Miami Comprehensive Neighborhood Plan (Sept. 198 5) and Addendum, as amended, by changing the plan designation of the subject property from Moderate High Density Residential to Commercial Residential. Note: This item was continued from the Planing Advisory Board meeting of December, y; 1967, dAd' deferred from the Planning Advisory Board meeting of January 6, 1988. REQUEST To amend the Miami Comprehensive Neighborhood Plan (September, 1985), and Addendum, as amended, by changing the subject property land use designation from Moderate High Density Residential to Commercial -Residential. ANALY SIS The owner wishes to unify the entire property, which includes a commercially designated lot on SW 8th Street, in order to share parking facilities among different uses. The intent of the Miami Neighborhood Comprehensive Plan will not be affected negatively, and the amendment will allow for a rational use of the property without negative impact to areas around the subject property. RECOMMENDATIONS PLANNING DEPT. Approval. PLANNING ADVISORY BOARD At its meeting of March 2, 1988, the Planning Advisory Boara adopted Resolution PAB 21-88, by a 8-0 vote, recommending approval of the aoove. Four objections were received by mail. Five proponents were present at the meeting. CITY COMMISSION At its meeting of April 28, 1988, the City Commission passed the above on First Reading. At its meetino of May 19, 1988, the City Commission continued the above to its meeting of June 23, 1988. O 18 - S.W. 6 4. 5 2 3 4 5 6 I 312II I 8 1�10 '2 1 3 4 8 8 7 II L - 1e iNil ii�1Jl ST.- S e 9 10 12 r8 SO 30 A 43 I - 2 141 140131 R 44 I 7 148 49 15 C 170i71 17; S.W. �. 8 .ST. so 10 !i •II so 30 9MIA 7 An 95 � 145 So !� �d 4 3 2 1 1 2 3 i r �_ a _OR E GLADE 0 ,oTRAC?= Z. 44 t C . 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C J 'b-.... k S•W• `- lOT PAB 9 Dec. 87 AS - 40 A .pP rox. 837 SW 28th Ave. •Ir rr2. $•+c- t*Ar+ ..}t.a7 �aatz6" w'_ , r^ - = Ilk" .k 839 & 83,3 SW 29th Ave. ,1.•�a �iwi�LL 11L..A3'e3.a$w'.'ixiM�.�.�7+,�',y'�i'iS�.2'�i�.•"t.. � ,L ��� A.s1oi.�atiSYE•I�+r�r..tz:iw::t�i�tTi.L►itl���,.. ��.JIT�A ruros. .v�ii'f:..�s•L�.�"jt!P .-7C' .. .•.•ir ..r. :1044(l 3 Application 0 Dates CITY OF MIAMI PLANNING DEPARTMENT 275 N.W. 2 STREET MIAMI, FLORIDA 33128 APPLICATION_TO_A14END THE_MIAMI COWREHENSIVE 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 mount, 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 amendments to the comprehensive plans, or portion thereof. If the city commission desires an aft or addition, it may, on its own motion, direct the planning depsrtwoent to prepare such amumbent for submission to and review. by the planning _ advisory board. The planning advisory board shall make a reco-mandation on the proposed p1m 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 he the same as the procedure for original adoption. This petition is proposed by: ( ) City Commission ( ) Planning Department ( ) Zoning Board X; Other & Please Specify: Prooerty Owner PARCEL 1: approx. 146' South of S.W. Sth The subject property is located at St. 309' Vest of S.V. 27th Ave. PARCEL 2: S.ic. 29th Ave. approx. 1251 South of S.W. 8th Street AND MORE PARTICULARLY DESCRIBED AS: Lot(s) PARCEL 1: The South 5S' of Lot 4 PARCEL 2: Lots 4 & o£BiocT-3, CITRUS Block(s) N/A PARK SUBDIVISION', P1 Book 6, Page 45. . Subdivision ?fAYtiV00D; Plat Book �, Page 69, Dade County, Florida Page 1 of 3 1044V The under signed bain the owner or the representative of the owner, of the subject property (es1 respectfully request the ' )roval of the City of -Miami for the fo l l owi ny amendment (s) to the Miami-Coa4,. ehens i ve Neighborhood P 1 an for the above -described property as indicated in the Land Use Plans FROM: RESIDENTIAL HIGH DENSITY TO: CaVIERCIAL-RESIDENTIAL Please supply a statement indicating why you. think the existing plan designation is inappropriate. The existing designation is inappropriate in view of the adjacent commercial uses and designations Please supply a statement justifying your request to change the plin to your requested plan designation. It is,•anDlicant's intent to utilize parcel 1 as additional parking for a sho-pDone center located at 2742 S X. 8th Street. Access to -Parcel 1 can 'be accormlished only'through Parcel 2. A sneciai exception for excess parking is te= cally not possible therefore, a.neighborhood plan change is necessary for both -parcels 1 and 2. What is the acreage of the property being/Vested ,for designation? � � r9 ;� ,, 0 �7 approximately 1/2 acre (24=,444 square feet), - Page 2 of 3 a change in plan 10446, 5 S Has the aes T gnat T on or cn i 5 proper car oeen -1t: lajif. Jcs1 . NO r ' '- Do you own any other property within 200' of the subject property? If yes, has this other property been granted a change in plan designat�in the last 12 months? NO NO ,s _ Have you made a companion application for a change of zoning for the subject • property with the Planning and Zoning Boards Administration Department? Have you filed with the Planning and Zoning Boards Administration Department: - Affidavit of ownership? YES m List of owners of property within 37V of the subject property )5iS - sure of ownership form YES If not, please supply t SIGNATURE �--- DATE NO ✓ n f / S ID40N FERRO , ESQUI , ATTORNEY FOR OM IER ADDRESS PHONE STATE OF FLORIDA) SS: _. COUNTY OF DADE ) : --•: � ��''�- -- S IDION FERRO ,-- A-TrGRNE'Y:-�. OWNER , being duly see, depose snd says tMt e is the(Owner) (Authorize gent or Owner) of the real property describod aboves that he has read the foregoing answers and that -the-sari we true &W complete; and (if 'acting as agent for owner) tha has authors to -execute this petition on behalf of the owner. ' I (SEAL) SWORN TO AND SUBSCRIBED before me this 1 day of Atfn ✓erns r tary u c, tote a ,t t arge NOTARY PUBLIC STATE OF FLORIBA 14Y COMMISSION EXPIRES: MY COMMISSION EXP, MAY 30.1988 Computation of Fees Receipt fs Page 3 of 3 _. 1044y. A F F I D A V T T STATE OF FLORTDA) SS. COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared SBDN FERRO, ESQUIRE who being by m first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accTg application for a public hearing as required by Ordinance No. 5500 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 mane a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change V or modification of a classification or regulation of zoning as set out in the accompanying -petition. '- 3. That the pages attached hereto and made a part of this affidavit contain the current names, maim addresses, phone numbers and legal descriptions -for "the, real property which he is the owner or legal representative. 4. The facts *as represented in the application anti documents submitted in conjunction with this affidavit are true and correct. Further Affiant payeth not. Sworn to and Subscribed before ale this day of 19,. Notary Public, State of Fla= at Large My Commission Expires: MOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. RAY 3001288 o.u'"ri rZc u i 10446. 7 OWNER'S LIST Owner's flame LAMAR, INC. Loida Alfonso-President/Director Mailing Address 4402 N.W. lad Street , Diiami, Florida 3' .: • ,� ■ rr_� Telephone Number 643-6057 Legal Description: The N 55' of S 110' of Lot 4, , MAWX)D, as recor a 31 ' Book 3, at Page 69, of the Public Records of Dade Cotmty, - Florida. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address c. 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 Description The N. 151, of Lot 4 1 ass lbe 9- 20 Gw�ti P-- thereof;_ AYWYM, mc -rarm-dad in Ri.t Street Address Street Address Book t Page 62 nfF i4ion rhil%l Records of Dade County, t Legal Description Legal Description 1044@ "8 DiSCLGSURE OF MlEMHIP 1. Legal description and street address of subject real property: The N 55' of S 110' of. Lot 4 of MAnVOOD, Plat Book 3, at, Page 69, of the Public Records of Dade County, Florida. 2. Owner(s) of suuja= real proi...rd' percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties aving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingl}•, question 62 requires disclosure of all shareholders of coy. rations, beneficiaries of trusts,- and/or any other interested parties, together with their addresses and proportionate interest. LAMAR, INC . - (00 90 CxAi ele v- . . LOIDA ALFONSO, President/Director 100 o interest C�cttT ) 4402 N.W. 2nd Street Miami, Florida . 3. Legal description and street address of any real property (a) owned by any party listed in ansraer to question #2, and (b):located within 375 feet of the subject real property. .. The N. 151J of Lot 4, less the N.20' of MAYWOM, Plat Book 3, at, Page 69, of the Public Records of Dade County, Florida F a5" SW Z� A-VAf. SPATE OF F=MA ) SS: ' C06 = OF DADE - ) SWAN FERRO, ESQUIRE , being duly sworn, deposes and says that ne is the ( ( Attorney Ear Owner) of the real property described in answer to question #l,, above; that he.has read the foregoing answers and that the same are true and eo:rplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. • , /I i sworn TO Atm SC E�6 C.. B before me this c9 !mil day of93g" . MIC COnass= Wilms: NOTARY PUBLIC STATE OF FLORIDA MY CWISSIOM EXP. MAY'30.19/1 (SEAL) Lary Public, State o= Florida at Large AA �q •' 10446 n STATE OF FLORMA SS: COUNly. or DARE SII :-j FERRO, ESQUIRE being duly swarrvt deposes and says that ne is the duly appointiE A-170 of S11OPPING PLAZA CORP andA E the owner of the real property describes move;*j in answer to question Ut 11 pI that he has read the foregoing answers; that the same are true and com- I SS, plete; and that he has the authority to execute this Disclosure of Owner- TIRUSTEE ..ship form on behalf of the owner~ (NaIM) SUM FERRO$ ATTORNEY FOR WNER S6cm; ITO Alm SMISM14ED before me this y_q day of 9 82- LAMary PuBlic, State or Florida at Large. • My COMIMISSIch, EXPIIMS� VOTARY PUBLIC STATE OF FLORIDA NY CONKSSION EXP. RAY 30,1988 QW*.Pc/ab/025 6G: 7- is Yr�i. EXHIBIT A 1. PARCEL 1: The South 55' of Lot 4, MAYWOOD SUBDIVISION, Plat Book 3, Page 69, Public Records of Dade County, Florida. Street Address: Approximately 146' South of S.W. 8th Street and 309' West of S.W. 27th Ave. PARCEL 2: Lots 4 and 5, of Block 3, CITRU§ PARK SUBDIVISION, Plat Book 6, Page 45, Public Records of Dade County, Florida. Street Address: S.W. 29th Ave. approximately 125' South at S.W. 8th Street. 2. PARCEL 1 : • OWNER: SHOPPING PLAZA CORP. aC���. f Frank Lopez, President 33 1/3% 1120 S. Alhambra Circle Coral Gables, Florida 33146 Pedro Munilla, Treasurer/Secretary 33 1/3% 7277 Sunset Drive South Miami, Florida 33146 Joseph Weiss, Vice President 33 1/3% t?0000 West Dixie Highway North Miami Beach, Florida 33180 ..PARCEL 2.: OWNER: JOSEPH WEISS, TRUSTEE 100% 20000 West Dixie Highway North Miami Beach, Florida 33180 3. LEGAL DESCRIPTION: Tract 1, REVISED PLAT OF COMMERCIAL ORANGE GLADE, Plat Book 47, at Page 76, of the Public Records of Dade County, Florida. STREET ADDRESS: 2742' S.W. 8th Street Miami, Florida OWNER: SHOPPING PLAZA CORP. lC G CCU Frank Lopez, President 33 1/3% 1120 S. Alhambra Circle Coral Gables, Florida 33146 Pdero Munilla, Treasurer/Secretary 33 1/3% 7277 Sunset Drive South Miami, Florida 33146 Joseph Weiss, Vice President 33 1/3% 20000 West Dixie Highway North Miami Beach, Flroida 33180 1fAA" 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 Re: Ordinance No. 10446 In the ......... X..X ..X ...................... Court, was published in said newspaper in the Issues of June 29, 1988 Afflant further says that the said Miami Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade Co nty, Florida, for a period of one year next preceding the tlr Ncation of the attached copy of advertisement; and afflan fur er says that she has neither paid or promised any P. corporation any discount, rebate, commission or re n for the pur ose, qf� securing this advertisement for cubli on In the-al�thirlvk�rrjdd►,:. Sworn to and subscribgd before me this 2r 9... dly b4 .,Tune.�� . s.5. �, A.D. 19.8.8.. . r O • 4anet; anchez X •Nbtary fdblld,-Stete of Flori a Large (SEAL)i,�,, � Ofiln � My Commission expire' s�fWet21, 1991. MR 114A%;., 0 i~