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HomeMy WebLinkAboutO-10391r J-87-853 1Uj8/0 ORDINANCE NO, tOX'JI AN ORDINANCE AMENDING THE MIAM:I COMPREHENSIVE, NEIGHBORHOOD FLAN AND ADDENDA (SEPTEMRER 1985) ; FOR PROPERTY LOCATED AT APPROXIMAT8LY 2600 NORT14WEST 14`.rH STREET (MORE PARTICULARLY DESCRII38D HEREIN) BY CHANGING DESIGNATION OF THIS SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO MODERATE, HIGH DENSITY RESIDENTIAL,; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERARtf.JITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at; its meeting of September_ 2, 1987, Item No. 2, following an advertised hearing adopted Resolution No. PAB 46-87, by a 6 to 3 vote, RECOMMENDING DENIAL of an amendment to the Miami Comprehensive Neighborhood Plan and Addenda (September 1985), as hereinafter set forth; but WHEREAS, changing conditions in the area surrounding the subject property, support the herein changes; and WHEREAS, the City Commission after careful cons ideration Iof 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 hereby amended by changing the designation of that certain parcel of property located at approximately 2600, Northwest 14th Street, more particularly described as Block 1, ;Shady Oak, as recorded in Plat Book 44' at page 2 of the Public Records of Dade County, Florida, from Low - Moderate Density Residential to Moderate High Density Residential Use. 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 , J-87-853 10/3/87 ORDINANCE NO, AN ORDINANCE AMENDING THE MIAMI. COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SE PTEMBER 1985) if FOR PROPERTY f,OCATED AT APPROXIMATELY 2600 NORTHWEST 14TH STREET (MORE PART.TCULARLY DESCRI138D HEAR [N) RY CHANGING DESIGNATION OF 'PHE's SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO MODERATI� HIGH DENSITY RESIDENTIAL; MAKING FINDINGS; CONTAINING A REPEALER PROVISION ANT) A SEVERART.LITY CLAUSE;. WHEREAS, the Miami Planning Advisory Roard, .at its meeting of September 2, 1987, Item No. 2, f_ollowinq an advertised hearing adopted Resolution No. PAB 46-87, by a o to 3 vote, RECOMMENDING DENIAL of an amendment to the Miami Comprehensive Neiahhorhood Plan and Addenda (September 1985), as hereinafter set forth; but WHEREAS, changing conditions in the area surrounding the subject Property, support the herein changes; 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 hereinaftersetforth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CI'rY OF MIAMI, FLORIDA: Section 1. The Miami Comprehensive Neighborhood Plan and Addenda (September 1985), is hereby amended by changing the designation of that certain parcel of property located at approximately 2600 Northwest 14th Street, more particularly described as Block 1, , Shady Oak, as recorded in Plat Book 44 at page 2 of the Public Records of Dade County, Florida, from Low - Moderate Density Residential. to Moderate High Density Residential Use. Section 2. It is hereby found that this Comprehensive Plan designation changes 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 3 . residential use, IMF 3 acre_, or less and does nut, in combination with ether changes curing this t.ast year, x: produce a cumulative effect ICE having changed more than 30 acres; The property which is the subject of this vnendment 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 provider a Comprehensive Plan change within the last 12 months. Section 3. All ordinances, code suctions, 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 January , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of February , 19 88. ATTE,S MATTY HIRAI r'r XAVIER L. SUAREZ CITY CLERK MAYOR PREPARED AND APPROVED BY: MARIA J . ' ,HIARO ASSISTANT CITY ATTORNEY MJC/wpc/ebg/M218 APPROVED ,,.KS TO FORM AND CORRECTNESS'-.--_ .ILJJC14 A. DOUGH RT ;.CITY ATTORNEY,. I, NI.itty Unii, of the City cif Mitttni, hits=.L3•l, ht'rel)v verti„� tin the Z'7-3- Alay uL :1/21112 t•tlSi, trut :ttu1 ct:rrcy't cr>}�ti isf they ;ti)i.»e or till ItIctt :}t the StaUih Door U` i�t� �.,:1•l( 4�'t.illl i i; t1I1't a+,�t'r! at the :I-v-,e providetl llv,:s ttnll by it3sr y;2:itt' }�C:n'itt:ti t1tt;:�L'fiiC, �1ci"l'`•i::; rr,> i,aua ,14411 ti,te officl-11 ettl of said City PZ I PLANNING FACT SHEET APPLICANT Esclofer Miguel and Olga A. Lazo and Nora Nardot July 21, 1987 PETITION 2, 2600 NW 14TH STREET. Lot 5 B1 ock 1 SHADY OAKS (44-20) P . R .O .0 . Consideration of an amendment to the Miami Comprehensive Neighborhood Plan (September, 1985), as amended, by changing the plan designation of the subject property from Low Moderate Density Residential to Moderate High Dens i ty Resi denti al . REQUEST To amend the Miami Comprehensive Neighborhood Plan for the subject property from Low -Moderate Density Residential to Moderate -High Residential Dens i ty. BACKGROUND The subject site is located immediately north of a multi -family district in a larger area designated for that particular use on the MCNP. Also, at a point five lots east of the subject lot, both the MCNP and, zoning permit multiple family development. To the north of the subject site an extended area remains in the low -moderate land use designation, although only the subject lot and four lots to the east are separated by NW 14 Street from the large balance of low -moderate development on the north side of NW 14 Street. ANALYSIS The site is bounded on the west by one lot of the lower density designation and on the east by four lots with the lower density designation.' If the applicant would join with the remaining owners to the west and east, and present a joint application for a change in land -use designation, it is apparent that there would be a marked reduction in deleterious impacts upon adjacent properties. — RECOMMENDATIONS PLANNING DEPT. Denial of the request for a land use designation of Moderate -High Residential Density, PAD 9/2/87 I tem #2 Page l PLANNING ADVISORY BOARD At its meeting of September 2, 1987, the Planning Advisory Board adopted Resolution PAB 46-87 by a vote of 6-3, recommending denial of the above. Five replies in favor and two obJections were received by mail. Twenty proponents and six opponents were present at this meeting. CITY COMMISSION At its Meeting of October 22, 1987, the City Commission continued the above to its metiog of November 12, 1987. At its meeting of December 2, 1987, the City Commission continued the above to its meeting of January 28, 1988. At its meeting of January 28, 1988, the City Commission passed the above on First Reading. 3/ .+� ..+-�-^�u .. su �.Nf .eC::. "•[xuM1Y ... n.. "P^1slNRfitiM :,�'3°fixR?'R "fs�;:C+tap Application # 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: r ' Periodically, but not less often than once_ in five (5) years or more often than once in tti+o (2) years, adopted comprehensive plans or a portion thereeof shall be reviewed by the planning advisory, board to determine whether changes in the aoount, 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 avendment 'or addition, it may, on its own motion, direct the planning department to prepare such amendment 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 comnissian 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 Coarmi ss i on ( ) Planning Department ( ) Zoning Board (K) Other b Please Specify: LAzq eZ 6A Q L_A?A_ _Lea uJir'E 'd AJ0 . unG4 A; a!l a r1 The subject property is located at N, u p ,c) u'. , i S/ c Z; -7-- 71 /Ar7�. AND MORE PARTICULARLY DESCRIBED AS: Blocks) Subdivisionf/a��/ C5 The under signed balm the owner or the representative of the owner, of the subject property es1 respectfully request the a oval of the City of Miaari for the following amendment(s) to the Miami Comot,.nensive Neighborhood Plan for the ibdve�described property as indicated in the land Use Plan: FROM: TO: Low -moderate density residential. '�oderate density residential Please supply a statement indicating why you think the existing plan designation is inappropriate. The present plat. :esignation is inappropiate because it does not allow an accurate use of the land which is 'surrounded by apartment buildings and commercial units. In a growing city like Miami -one of,the problems that are faced is lack of housing specially in low income areas. It is the, responsibility of every citizen to. -do his or her part to help the community --we live in. Please supply a statement justifying your request to change the p'sn to your requested plan designation. The proposed designation is appropiate because it allows better use of the land and it would still be compatible with the neighborhood. Since this lot is surrounded by apartment buialdings and commercia un+t The south side of the lot is adjacent tw"m rt'rent buildings. The east side is approximately 25 ' from an apartment building which is o ow by commercial units. The west side is only 80feer. from commercia units. What is the acreage of the property being, requested for a change in plan designation? 7d'jo A)z F pK. o.17NcT heACs Page 2 of 3 Mal the designation of this property been Changed in the last year? 0o you own any other property within 200, of the subject property? �)O It yes, has this other property been granted a change in plan designat on w thin the Cast 12 months? 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 Departments — Affidavit of ownership? / s_ — List of owners of property within 375' of the subject property E — Disclosure of ownership fors _yE If. not, please supply hem. SIGNATURE DAB July 16,19b UK A)nRA � AR � c) 10 D CSeto,-",rt- MI6 jc6Z11 ZA t e)(ALa Ya (,+,rc ADDRESS i A i1 rL i PHONE G �.3-,i�✓/ E _3.S- _3 5.�. STATE OF FLORIDA) SS: COUNTY OF DADE ) Nora Nardo, Eaclofer Miguer-ia=- do,81aa' A.Laza ,being duly st+orn, depo and says that he i s the Owner Authorized Agent for Owner) of the real operty described above: that he has read the foregoing answerthatAw d�'t1ta� sane are true and. . complete; and (if acting as agent for owner has uthority to, execute this petition on behalf of the owner. SWORN TO AND SUBSCRIBED before me this 15th day of July 198?. W COMMISSION EXPIRES: Dec,lp,1989 Computation of Fee: Receipt t: - P7 .( SEAT. ) Cary Public. ate OMOR oa Commiuion ixpres Dec.. :Yawl IwH taws Im.Jq rwnsw Ms Notary Public, State of orida at Large Page 3 of 3 r� IL03-1 11* tim OF Oct So -fore fto the undeMigned allthOVitY, thiday PeMha,117 k'S&Cw1'4A: cliz�f r44,4 A L#7AAa,,rC appeared -A-460 g by Me first dUlY 15WOM _(Z _-A-2 Wbo beir upon oath, deposes and says: 1. That he is the oAomer, or the legal rtpresemative of the owner, submitting the application fdr'a public heari:4 as required by Ordinance No. 9500 of the Code of the City Of Miami, rltric1a, effecting the real property located in the City Of MiAdd as described Afti listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permmion for him to act in their behalf for the thArge or modil"ication of a classif ication or regulation of -zoning as ser. out in the accaupwrfuig petition, 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailin& addresses, phone ra=iers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts as represented in the application and dcc=,e-nts submitted in conjunction with this affidavit are true -and correct. Further Af."imte sayeth not IJ (SEAL) Sworn to and Subsc.--ibed before me this 21st dAW_4� July 19 87 Z No#.ar,v Publj��, State of Florida at Large Notay Pubk' Sate of Road. T MY Camnuion 1., 1989 My, Ccnlissicn Expires: DPc,20,1989 . IM06.4.0 owner' I ,Jame .7 Telephone Number Legal OWription: - A0 Z LK ! c'< `�fl�1 D/ �'!1!{S, f+'•c J ti6 r,lE tt�? i y4 !a lee le b L Owner's Name - Mai ling Address ..��'6 �` ,�'..cc,' -._ �!� '.". f�v `I111r�7/._. Telephone Number Legal Description: - �Ci .ice 1�tc�CK I �� `�;'tr+A•' �,.1KS t%a�•�;,�DiUG Tz, ""'rl�' fILfl`li Uy f)tE 7HL f C�C'- Owner's Name Mailing Address - Telephone Number Legal Description: Any. ot:. real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the suoject site is listed as follows: ,t; c Street Address Legal Descriotion Street Address Legal Description Street Address Legal Descriotion a Aak DISC - 1.11- ".8tP Legal description and Street Address Of IUOJe M- real Pr0I*rtY'- K CA KS 1; L 2. Owller(g) of.2wjeVt es11. p er. end percentage of owner hip. Note! City of 'AiaMi Ordil=Ce No. 9419 requires disclosure of all parties h'Ivinq a financial interest# either direct or indirect, in the subject matter of a presentation# request or petition to the City Commission. Ac=edingly, question 12 requires disclosure of all shareholders of corporationso beneficiaries of trusts# Ind/or any other interested partiego together with their addresses and proportionate interest. /-11Guel �nA d A ZAZA' /hs Wig I "rz v A, 1) , 'J i bc 6 5C 4.A. 0 A;'LL., rz AAJ uiublylbC6 / � Cs —I 3. Legal description and street address of any real property (a) owned by any party listed in anrwer to question #2, and (b)located withi.:. 375 feet of the subject real property. STATE OF FLORIDA SS: MGM OF DADE Nora Nardo.-Esclof er M,Laza & Ole& A,Lazp- his,, 4Wk-ig duly sworn, de%=es. and - e%----- says tnar. ne is the (C.-wne r) t hwGWFffwY . _ of rthe real 'Pruperty described in answer to question #1, above; that he.has read the foregoing answers and that the saneare true and cwplete; and (If acting as attorney for owner) that he has authority to execute this Disclosure of ownership form on behalf of the owner. 11-W SWOR4 TO AND SUBXIMED before Mr this 'PI is day of =9 87 I Mr =Vasslm Calms; DQC'VI'#IQ8Q Not" hook StA I , of " My C"'.Ivnlwqq tWIZ$ 9v. 11". 1911 SEAL) I MIAMI R5*N Published Daily except Saturday, Sunday and Legal Hr,)liday- Mtemi, Dade Coun!y, Florida t!+A+c nt iz) nblhA rocor"'I in Ot NIL j'G-H'PQRHO(-)l) OF - WE, THE PR(-)PF-RTY OWNERS ANb PL'Sll'*N:.NTIS WlTilft-F�T6 N.W. J4th S'TP1---FT ARr'-' IN, OPPOSIT-TON "O THE f'ANC; ING, OF 2t-.N)N(-3 C)F TH I S LOT . THU TH!-: UNY OF 141S) NEI.' I GHTWIRI-4f)(1t) AGAINST N A Ml F,' "El-C-01-40NE NUMBER 33 )CIll"I 2 1 17 7 9 C17e I -Al I- 12, 5. — 3 17 1' �v -3 A) PJ 'v tel. 16. 17. a tla_ 19 51 -1 C (11NI"J"I hJ(jtVr ' J')hj '. NAME_, 8ubmitted into the P!lloll�lc record in cl'w'rir`! ,,t - I I I item City A D D R P-7"NS TKI-C-PHONL ol'JM'P.ER V Y7r 24. C7 L_& 2 7 29 32. e,2- J, 33. r _. 35. C, J 7 4 C CN IL0391: L,14 Submittod into the pubIL recWd ill ccnncc-tjojj rith itbin To: Tho- City Commission Ia, Re : r�V,,k I o Shady Oaks C,tt T 14th S Street I am in favor of granting the request of having an amendment to the comprehensive neighborhood plan.and the zoning atlas for Lot 5 Block 1 of Shady Oaks to moderate density residential- and RG2/5 respectively. I agree with the owners that such an amendment will not affect the basic structure of the neighborhood but. it will. benefit the community. NAME SIGNATURE ADDRE8S �j 2 3. 4. /L 7. _Q ­4 07 9 10 C A 3 DA 14. k;, 16. (__73zo Q 77 18. L 0 4A- 19. A 0 0. 0 To The City Commist,,lon Re Lot 5 H Oaks 2600 N.W, l4th Street I am ire favor of granting the request of havinq an amendment to the comprehensive neighborhood' plan and the zoning atlas for Lot 5 Block 1. of Shady Oaks to moderate density residential and RG2/5 respectively. I agree with the owners that such an amendment will not affect the basic structure of the neighborhood but It will. benefit the community. NAME SIGNATURE ADDRESS 0 7 ow ;c 4 UI 6. W � ~ � /C ' w� DISCOUNT LI0U08S, across the eLreet, west side of Biscayne 8|v6. TIN CAN, second 600r hocLh, east side of 8iscovnp � ' — ` MERCY NAK0CT#4^ two -tenths of mile north on west side of Biscayne FOOD SPOT, two -tenths of mile north on posc side of Biscayne SI- JOSC9B BEVERAGE DISCOUNT, three -tenths mile north on west side of Biscayne . CIRCLE K^six-tenths mile north on east side of Biscayne -- 8GY NT0I MARKET, seven -tenths mile north on west side of Biscayne PHILLIPS 66, nine-tent68 mile north on east side of Biscayne CER80 yb\RKtT, three -tenths mile west on 60t6 St. (same as Exxon) ' 76 SELF SERVICE MKT, five -tenths mile south on west side of Biscayne A & G LIQUOR MART, six -tenths miie south on west aide of Biscayne KarL Thiele (Rev.) 5911 N 2 b Ave. one -tenth mile south of Exxon ~ January 28' 1088 MIAMI Ae - Ptlhilshea '-'unp! �alu,rfay �n•ielxy :6�s3 Mait� C� Iris i;e � ,tv �`!„rtCia STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octeima V. Ferbeyre, who on oath says that she is the (except Saturday, Sunda and Legal Hoflda ) newspaper, tbJlfyECOUAI�Y ^n Supervisor of Legal Advertising of the Miami Review, a daily MIAMI Published at Miami to Dade County,Florida; that the attached F'LIJAIDA copy of advertisement, being a Legal Advertisement of Notice LEGAL n NOfitCB fri the mailer of All Interested person§ wilt take notice that on the 25ih day of February; <1988, the City Commission of Miami. Florida, adopted the following title CITY OF MIAMI ordinances: D A D E C O U N T Y( FLORIDA AN ORDINANCEORDINANCE MIAMI , AMENDING THE MIAMI,CONIPRENENSIVE NEIGHBORHOOD PLAN AND ADDENDA SEPTEMBER 1985 LEGAL NOTICE ' FOR PROPERTY LOCATED AT APPROXIMATELY 2600 NORTH - ORDINANCE N 0 10391 WEST 14TH STREET MORE PARTICULARLY DESCRIBED HEREIN) BY CHANUG DESIGNATION OF THE SUBJECT PROPERTY FROM LOW. MODERATE DENSITY RESIDENTIAL TO MODERATE HIGH DENSITY RESIDENTIAL; MAKING FINDINGS* t CONTAINING A REPEALER PROVISION AND A SEVERABILITIf ; In the x X X CLAUSE. ORDINANCE NO.10309 was published in said newspaper in the issues of 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 March 9 y 1988 FLORIDA, MOREEPARTIICCULARLY DESCRIBRTHWEST ED HTEREIN PS& RG•113 ONE AND TWO FAMILY DETACHED RESIDENTIAL TO RG•215 GENERAL RESIDENTIAL BY MAKING FINDINGS; AND Attiant further says Thal the said Miami RBY MAKING ALL THE NECESSARY CHANGES ON PAGE N0, 25 eview is a OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO newspaper published at Miam! In said Dade County, Florida. 9500 BY REFERENCE AND DESCRIPTION fN ARTICLE.3, SEC - and that the Bald newspaper has heretofore been continuously TION 300, THEREOF; CONTAINING A REPEALER PROVISION published in sold Dade County, Florida each day (except AND A SEVERABILITY CLAUSE: Saturday, Sunday and Legal Holidays) and kas been entered as Said ordinances may be inspected by the public at the Office of the second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding City Clerk, din Pam American enive, Miami, Monday thtouggh the first publication of the attached copy of advertisement; and Friday, excluding holidays, between the hours of 8:00 Florida,d.M: and 5:04J P.M. affiaot further says that she has ne'ibe MATTY HIRAI t pare nor promised any CITY CLERK person, firm or corporation a'$ sing h rebate, advertisement commission r CITY OF MIAMI, FLORIDA or jr<tund for the purpose, curing his advertisement for p/ubll on fn-the said n pa¢ r" f' 1' 36 88.030927M ,..� �J . � • {O it Swprrl.iq an sticrlrpd before me this 9 t h day of ... - sue_ A.D. 19, 8 8 . C� 3 Cheryl H� marmer .Notary Pubijc!�f��f Florida at large (SEAL) fr"'Ti ```� My Commission efa¢4r rArii�i�Y�88. A li t • MR 141