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HomeMy WebLinkAboutO-1019111/10/86 ORDINANCE N06-�... AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEtC1413ORH00D PLAN AND ADDENDA (SEPTEMBER 1985); rOR PROPERTY LOCATED AT APPROXIMATELY 3960-3998 WEST PLAGLER STREET (MORE PARTICULARLY DESCRIBED 88REIN) BY CHANGING THE DESIGNATION OCR THE SUBJECT PROPERTY FROM MODERATE RI6H DENSITY RESIDENTIAL TO GENERAL — COMMIRCIAL; MAKING FINDINGS- ANC, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meetinct " of November 5, 1986, Item No. 3, following an advertised hearing acted,on,a motion to recommend approval', which motion failed by a 3 to 5 vote, therefore constituting a RECOMMENDATION of DENIAL of the amendment to the Miami Comprehensive Neighborhood Plan and Addenda (September 1985); as hereinafter set forth; and WHEREAS, the Miami. Planning Advisory Board, at its meeting of November 5, 1986, Item No. 31 following an advertised hearing, acted on a motion to recommend approval of a change in designation to Residential -Office which motion failed by a 3 to 5 vote, therefore constituting a RECOMMENDATION of DENIAL of the amendment, to the Miami Comprehensive Neighborhood Plan and Addenda (September 1985)as hereinafter set forth; and WHEREAS, West Flagler Street is a major transportation. corridor and the requested commercial land use designation is therefore appropriate for this property; and WHEREAS, given the changed conditions in this area along West Flagler Street, the requested commercial land use designation is appropriate for thisproperty;. and WHEREAS, the property owner wishes to make certain improvements to the property which are consistent with adjoining developments and would be permitted if the land use and zoning designations were changed as requested by the applicant; -and WHER AS, the City Commission after careful. consideration of this matter deems it adv,isabl a and in the best interest Qf the genetal welfare of the City of Miami and its inhabitants to grant this Comprehensive Plan change as hereinafter_ set forth; NOWt 'THEREFOREi BE IT ORDAINSh BY T48 COMMISSION OF THE CITY OF MIAMto FLORIDA: Section 1. The Miami Comprehensive Neighhorhood Flan aria Addenda (September 1985) are hereby amended by changing the designation of that certain parcel of property 'located at approximately 3960-3998 West Fl agl er Street, more particularly described as Lots 1, 2, 3, 4, 5 and 6, Block 3, STADLER GROVE, as recorded in Plat Book 9 at Page 187 of the Public Records of Dade County, Florida, from Moderate High Density Residential to General Commercial. Section 2. It is hereby found that. this Comprehensive Plan designation change: a. Is necessary. due to changed or changing conditions; b. Involves a residential land use of 5 acres or less and a density of 5 units per acre or less or _ involves other .land use categories, singularly or in combination with residential. use, of 3 acres'or Less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 30 acres; 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 RY TITLE ONLY this 25th day of NcwPmhp 1986, : I REQUEST ANALYSIS RECOMMENDATIONS PLANNING DEPT. Lots 1, 2, 3, 4, 5 and 6 - 81ock 3 STADLER GROVE (9-187) P.R.O.C. Consideration of amending a) the Miami Comprehensive Neighborhood Plan 1976-1986 by changing the- designation of the subject property.. from Moderate to High Density Residential. to Restricted Commercial and b) the proposed Miami Comprehensive Neighborhood ?lan (Sept. 1985) . by changing. .the designation from Moderate High Density Residential to General Commercial. To amend the Miami: Comprehensive Neighborhood Plan. The Appl icants' proposed changes to tW City '.of Miami Comprehensive Neighborhood Plan 19,16-1986 from, Moderate, Density Residential uses; to High Density Residential uses, and changes to the proposed Comprehensive` Neighborhood Plan of September 1985 from. ..Moderate High Oensity Residential use to:General Commercial uses,:is.not 'in- accord with the residential and . commercial delin set forth. in the City of Miami Comprehensive Neighbo-rhood Plan, and not 'in accord with the existing land.use characteristics of,:. the .various properties surrounding . the ,subject site; In addition, there have been no recent changes of,:''' land use in the area which would,' justify this application,. nor, has there been, any .change,. in demand for commercial facil ities which would justify the requested changes -in- land `use. PLANNING AbVISORY BOARD CITY COMMISSION 0.1 r� 1 1� 1� - b Id 11 12 1$ t y 9 0 tw- 3 2 �' 9 10 I 91 0 Iz 12 I I N. W; ` 13 '. f q G • T: 14 . b 9 IQ i 12 13 14 Z b' a 10 t I 12 . R 8 I S N. Vll 20,20 1b, 9: o 9 2 1 ' 21' 22 t 17 3 10 9 ., 9 G so s� s so so ss r o 09 �a 3 14 7 ° 9 10 NEST ., 7-0 ss »; •6 SO so a62 3 4 5 1 T4's N 7 Is 7 W 14 . T i e Z . V Q 13 . 12 9 . 3 4 32 t _ 1D II 12 • ti ^.33 3 3 2 s, 1, 0 ]O } t 2 10 a � ` 23 24 S ; 13. •. 1 2 - 2 6 a .e 1 2 7+ d 12 g s a so ,� .. a so ,o. 44 ,? .ra so. 'so s 3 .a so? 2 4 9 .. 3 « , sv s e �. -_ - TER.. 9 „ ,. 40- _ IQ I 3 4 T • to 00 0441 =1 �o * A 0 0 r o x - 3 9 9 k Fla I e r r am - ess W i Application Date: CITY OF MIAMI PLANNING DEPARTMENT 275 N-W, 2 STREET MIAMI, FLORIDA 1312$ — APPLICATION TO AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Section $2-17 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,.k.ind 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 amendment 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 olannina advisory, board IR a 'The udder tifined being the Owner Or the rePresehtative Of the owner, Of the subject property di ;) respectfully request the ap val Of the City Of Miami for the f011 owi ng amendment(t) to the Miami Cworetiehtive Neighborhood Plan for the above -described pr'Operty as indicated in the hand Use Plan; FROM Dom. rehensiye - _ Plan o£ 197641986 #4edp�Ate Tn HiQh_ Density Re-sid6ntlal - Ctrnreheri�iye plan of 1985: Moderate piah Tensity TO: camrehensiye Plan of 1976-1986 i Raetricted-Coercial Carprehensiye Dian of 1985: General Cohmercial Pleaser supply a statement indicating why you think the existing an designation is inappropriate. 1. Given that !Vest Flagler Street is a rranor transcortation corridor, the existing land use:desicnation/Ag lchaer aporooriate for this specific. -location. 2. Given the chanred conditions in this area along Vest Flacler Street,, the existing land use desigmation is no lonaer ,a!:prcnriate .for this specific lccat:.ion. 3 The nror+erty owner wishes to Crake certain ir-or-ents to the property V,3iich are consistent 4rith ad�oininct develourents, however, the present land. use and zorung. desic�rsatior�5 do not allow for these desired irmroverren ts: _ Please supply a statement justifying your request to change the'plan to your requested'plan.designation. 1.'Vest Flaciler Street is a rrajor transcortation corridor and the recuested. carirnscial land use designation is - therefore arvropriate for this oroperty; 2: Given changed conditions in this area along ?•jest rlacler Street, the rer-uested, ccnmrcial land use designation is arrropriate for this property; 3. The propertI, owner wishes to make pertain in provements to 'the prorerty which are cons t w1 oc�nent.s a wou7.d be permitted i.i the' lance use, �n 'th adjoin nq devel: and zonincr desimnati s �,vre changed as recvested' by the appl.i.oant, What is the acreage of tbeproperty pe±ing requested for a change in plan cqi �neti on? prQx-j",ateIv 28 900 se feet Pa Z O 3 <:w Has the desighation of this ,property been changed in the last year?' Do you own any other property within 200' of the Subject propert.y?- Yes IF yes, has this other property been granted a change in plan designation within the.last 12 months? Have you made a companion application for a change of Zoning for the sub ect property with the planning and Zoning Boards Administration Department?es Have you filed with the Planning and Zoning Boards Administration Depar;::,ent: - Affidavit, of ownership? Yes. _ List of owners of property within 375' of the subject property Y 7 Disclosure of ownership form Yes If not, please supply them, Q�Q��� SIGNATU DATE Octorer 2, 1986 NAME �R. CA'tnFsTPS�ESQ. C R4P[tsE►��.ua Tut c,i+.,ER) AODRESS BpM AND CMSET„ One Biscavne Tower, Suite 3333, Miara, Florida 33131 PHONE (�OS) 371-9100 STATE OF FLORIDA) SS: COUNTY OF DADE ) ALBEX0R. CARDF?�1S being duly.sworn, deposes and says that he.is the OQw Authorized -Agent for Owner) of the real property described above: that he has read the foregoing answers and that the same are true and complete; and (if,,acting as agent f'ner) that he has authority to execute this petition on behalf of the owne -SEAL SWORN ) SWORN TO AND SUBSCRIBED ,o R. �,�,. before me this :� �`�-� day of fiber 1986 " y` t::.(t � � `k.::. }�,,.:�c`--�-. 'a: may•, Notary Public, State o orida avLargli,> Notary Public State of Florida at Large. = MY COMMISSION EXPIRES; My Commission Ezpi�es Oac. 9, 1Sei ---------- -- -- ,---------w------ w------------------------ Computation of Fee; Receipt #; Rage of 3Q r�►r�►c. �r r�v►��+n Lilo i , C�t�'►RY ��' � � LA 8 Nf'nre ft 'the Udert . wed aUthot`ity, this day pers6r,iv Silvans Ai Herrnande2 Herrera eon A fta a whn bed by first duly Sw6n, upon path, depbses and says, 1. TbAt he is the Owner, or the legal, represe&ative or the 04fter, submittig the aco „ -� application for a public hearing Wired by Ordinance No. 9606 of the Cods 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 their full, arA ccmplete permission for him to act in their behalf for the chat,.ge or 'modification of a classification or reg ulation of zoning as set Out in 'the acc=panying petition. 3. That the pages attached hereto and made a part of this i ,e tvmf'S 41ar'1e`MrgL & r,aLrid R-arnamdetr hit WI* �iaillnt� Aetlri�sa ����. �� k ���1`eY` �t�e�� '� �.(�► i���in�� �► fi i pn�n�e Nufter 44202660 L�ga1 Descript��n; uta 102l3i 14 146rth 14 feet C� lot 131 B16ak taLdler ; r Pt 91 Page 187 Lots 4,5,6o $Look 1� of z8taLdler grove Pb q l5�ge 1 7 Owmer' S Nar,* Mai l i ng Address Telephaht Number Legal Description; — Any ot:, 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 15 S • 40th Ave* T'� 31' of lot 12 and a 34' of Al d6ftripti0ft Ud Street address of subject teal pro rty: Parcel 1, L6t§ 41516, B16dk 3 Q''tadier �.�rove Pb 9, At Page 137 ► publid P,,2C crds, oade oun ter, 1970 end 3990 West Plag)er 5tweet► iAmi, wide parcel I Ldta 102►1, and andt,orth 14 feet of lot 13, b13), Stadler ptrove, rt 9, � 1071 pubilc r,etords Dade Lo.ii'tu ' 2. owrr(s) of suvjot real �� arid= percentage o f ownership. N6te: City of Mimi Ordinance No. �419 requires disdlosure of all parties navin a financial interest, either direct or indireott, in the subject natter of a presentati6MO request or: petition to the City Cofftission'. Accordinglyo guestioh 42 rewires diacl,daure of ail Shareholders of We rations, beneficiaries of trusts, and/or any othet interested parties, togetheewith their addre es'and proobrtiwate interest. As to Parcel t ii.lvano A; 'Hottandez'Herrera, & t:aria HeMande.z,'— his wife, 4240 S..l. 6 Street, P.;iariii,'l. 33134, As .to Parcel 11 Silvano A. hernardez Herrera, IN;aria Hernandez', ., his wife, 4240 S.,J. 6 Street, Miatai, F 1. 33134. 100 r". 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located withi:. 375 feet of the subject real property. The north 31 feet of lot 12 and the South 34 feet of lot 13, Block 3 Stadler Grove PF 9, pg 187 Public Records ,fade County,.�l.` - 6i A/K. A 15 S.4. 40th Ave., Eliami,Fl. Lots 7&8 Block_ 3 Stadler Jr e Z90 pg 1F�Publi RecordsJade County, F1.AKA20 S.W. 39 Ct., Miami, Florida OWNEk OA ATIL�I1tiEY FCR�CW�ZR STATE OF FICR3MA ) SS COU'cy ` OF' MOE ) Silvano A. Hernandez Herrera and Glaris Hernandez, his wife being duly sworn, deposes and says that ne ,: is the (C-wnez) ( Attorney or Owner) of the onerty described in answer to question sl,, ahoves that he . has r ttie f oiriq answers and that the s' am are true:: and soap- lete, and . (if a' as a orney for owner) that he has authority to ex this Disclosu of 'ership to on behalf of the ownero - SWRI TO J+ to -fore, this day sod ""'"'I9s. l+tc'jt Pu0 1, 4C'e Q Mr Eladio Af�estoGaPoLa 6ffered th%e i6110�iYtg R6boluti6ft afid MoVed i C-s Adoptiof , MOTION TO RECOMMEND APPROVAL, 0? NG A } M MtAMt COMPRENENB VE NEt(IRBORHOOD PLAN 1976-1986 BY CHANOM THE DESyGNATION OE APPROXIMAMY 3960-3998 WM PtAGI R 8TR2- o ALSO DESCRIBED AS DOTS 1, 2, 3o 41 5 AND 6, BBOCk �, STADUR GROVE (9-187) P, R. D . C ► , PROM MODERATE TO H16H DENSITY Rt8'MNTtA1U TO RESTRICTBD COMMERCIA, ANb B) THE PROPOSED MIAMI COMPREHENSIVE `itl6ABORHOOD PtaAN (SEPT, 1 985) BY CHANGING TaS DE8tGNATION PROM MODERATy RIGA bENSITY REBIbENT*LAL TO GENERAL COMMERCIAL, FAILED BY A 3 TO 5 VOTE, THEREPbRE CONSTLTUTING .A RECOMMENDAT2ON OF' DENIAL. Upon being seconded by Ms. Dorothy Spohn, the motion _ failed by the following vote: AYES: Ms, Spohn Messrs. Armesto-Garcia and Gomez NAPES: Messrs. Lopez, Simon, Benjamin, Manes and Pedraza ABSENT: Ms. Hadley Messr. . Asmar Mr. McManus; Motion fails 3 to 5. Mt, Aaron iMfanes otsered �-he -w Re5o1`ation and lov ed i is adopt i6n' MOTION: TO R=bMMEND AP?RO�tA� JE anENDr:v'G a) TN2 MIAMI NtIGHtORHOOD PLAN 1 V6-1 5$6 BY CRANGING THr, bES tsNaTiON 0' APPROXIMATELY 3960-3998 WtST PLA61iSR STREtT AL80 DE8CPIttb AS LOTS 1t 2, 3, 4, 5 AND 6, StdCk 3f 8TAD= GROVE (9-1S7) P,R,D.C., PROM MODERATE TO 415R DENSITY RESiDt"NTIAL TO RESIDENTIAL. OEPICE AND D) 1Hr, PROPOSED MIAMI COMPRERENSIVE ► ttGHBORgCOD PLAN (SEPT. 1,?85) : BY CLANGING TIDE DL8IGNATtON FROM MODERATE HIGH DWITY RESIDENTIAL TO RESIDENTIAL O?PtCE PALLED BY A 3 TO 5 VOTE, - Upon being seconded by Mr. Herbert Lee Simon, the Motion failed by the following vote: AYES: Messrs. Simon, Manes and Pedraza - NAYES: Ms. Spohn Messrs: Lopez, Armesto=Garcia, Benjamin snd Gomez ABSENT: Ms. Hadley Mess r . Asmar Mr. McManus: Motion fails 3 to 5. I J-86-982(b), 11/10/86 ORDINANCE NO. AN,ORDINANCE AM . ENDING THE MIAMI COMPREHENSIVE NftoHgoRgOOD PLAN AND ADDENDA (MTEMBER 1985), POR, PROPERTY LOCATED AT APPROXIMATELY 39,60_3998 WEST . PLAOLER STREET (MORE PART=tARLY DESCRIBED HEREIN) SY: CHANCING THE DESICNATION OF THE SUBJECT PROPERTY PROM MObERATE HIGH DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; MAKING PtntNG.81 AND CONTAtNINO A REPEALER , PROVISION. ANb A 58VERA81LtTY CLAUS9. WHpREASO the MiamiPlanning Advisory BOAt at its meeting of November 5, 1986, Item NO. 3, following an advertised hearing on a motion to recommend approvals which,motion failed by a acted 3 to 5 vote, therefore constituting a RECOMMENDATION ofDENIAL of the amendment to the Miami Comprehensive Neighborhood Plan and Addenda (September 1985); as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its, meeting o'f November 5, 1986, Item No. 3, following an advertised, hearing', acted on a motion ion to recommend approval of a change in designation to Residential -Office which motion failed by a 3 to 5 vote, therefor e constituting a RECOMMENDATION of DENIAL of, the amendment to the Miami Comprehensive Neighborhood Plan and Addenda (September 1985)as hereinafter set forth;.and WHEREAS West Flagler Street is a major. transportation ; corridor. and the requested commercial land use designation is for thispropert and therefore appropriate y WHEREAS' given the changed conditions in this area along, West Flagler Street, the requested commercial land use designation tion is appropriate for this property; and WHEREAS, the property owner wishes to make certain.t t to the property which are consistent with adjoini improvements - developments and would be permitted if the land use and zoning designations were changed as requested by the applicant; and WHEREAS, the City COMisgion after careful consideration Of. this matter degmp it advisable and in the best interest Of the 1 019 1, � grans gonarai welfare of the City of Miami and its imhabitamts this Comprehensive Dian dhange at 'hereincifter set forth; goWt THtAgPOR91 at tT ORbAnab ay THE domm1sstoN op THt C1Ty - OP MIAM1, PWRIDA: — suction 1. The Miami Comprehensive Neighborhood Plan and Addenda (September 1965)0 are hereby amended by changing the deaigt�ation of that certain parcel of property located at approximately 3960-1998 nest Fl agler street, more particularly described as Lots 1, 2, j, 4, 5 and 6, Block 3, STADL9A GROVE as recorded in plat Book 9 at Page 181 of the public Records of trade County, Florida, from Moderate Nigh Tensity Residential to General Commercial - section Section 2. it is herebyfound ,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 i 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. i Comprehensive Plan change within the last year; - and` �M 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, codesections, 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 awhole. PASSED ON FIRST READING BY TITLE ONLY this 25� th day of Novem0er 1986, t PASM AND ADOPTED ON SECOND AND PtNAL ' AEADiN!3 V TITLE ONLY this dad of , 1086. AVIER.M SUAREZ MAYOR ATTEST MATTY HIRAI CITY CLERt PREgARED AND APPROVED EY: H ISTOPHER G. KORGE A sistant Ci_ Attorney APPROVE,Pf AS TO j GRM AND CORRECTNESS: LUCIA A. DOUGHERTY City Attorney CGK/wpc/pb/db/MO86 A intCAIrlog by SILVA'MO, A. ANb kARjA jMt1ANj)92 - HERRERA Weo by our, signatures below, petition and ec�uest the pity Of Miami Comitissiori to approve the application of �ilvano �• and Maria Hetnande2 - Herrera for the rezoning of their property iat approximately 3900-399$ West Plagler Street from the e iat�n 26ning des' tion to r- �' /`,� / .- ----- Name' 3 Address Name . yt i/ - Address " Address � 1 Namey�..���� 1/ Address Name' Name Address Address Name Address 'Name ,�' ( Namef _ r' ��l r Address Na e A dress 3q. Na Address Address Name' Na� Address Name Address Address a4 me , � //, �j/!�/ Address -.��. Address Nam ' Na f �ss A, MITtOR, SUPPORTINt THE MONNO APPMCATtOM OF,9ftiVANO A:, AND M"fA HMANDEZ - HMERA Wei by out signatures below,# petition and request the City of Matti Commission to approve the application of Silvano A. and Matia 14trnande2 - Herrera for -the retofting Of their property at approximately 3§00-3098 West I Plaglor Street from the, exitftihg .7 Name Address Name Address Name Adarets AAArnmS Name Name Address' ame Name s ;r F1� GItY bF MiAMI, FLOWbA Ihli`�Ft•C� SIC MtMORANOUM! �. Honorable Mayor and. Members Do?E July 11, 1986 FILE of the City Commi ssi On ORDINANCE - RECOMMEND APPROVAL WITH DENIAL OF CHANGE OF ZONING FROM RS=2/2 TO CR4/7 Cesar H. Odic aEFE�E, E; APRROX 3900-3998 WEST FLAGLER ST ' ; : , City Manager COMMISSION AGENDA - J ULY 24, :1986 ENCiOS pcs PLANNING AND ZONING ITEMS It i.s recommended by the Zoning Board that the Change of Zoning Classification in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the - City of Miami from RG-2/5 General Residential to CR-2/7 Commercial- Residential.(Community), be approved' and from RS-2/2 One -Family Detached Residential to CR-2/7 Commercial - Residential (Community) be `denied for the property located,; at - approximately 3900-3998 West Flagler Street.` The Zonin Board, at its .meeting, of December 2, 1985, Item 2, following an advert! se hearing, adopted Resolution ZB 163-85 . by an 8 to,; .0; vote„ recommenden a royal of the .chap e. of;zoning.classification in the Official 9 PP oni ng'. Atlas o Ordinance 9500, as amen e , the Zoning Ordinance of the City of, Miami from RG-2/5 General Residential- to CR-2/7 Commercial-Resi.denti al (Communi tyT or eproperty 1 ocated at approximately 3900-3998 West. Fl agl er Street, also described as all of Lots 1, , , ,, ,. , oc ,' r° (9-187i P.R.D`.C.and recommending 'denial, of a'change'of zoning classification from.RS-2/2 One -Family etac a est ential to - ommercia1 Residential TCommunity. for Lot 14 and the N 14',of.Lot l , oc ° , STADLER GROVE "(9-187) P.R.0X'- Nine objections received in the mail. One reply, in favor received in the ` mail; one proponent present at the 'meeting. k Backup information is included for your review. An ORDINANCE to provide for the above .has been prepared by.the City Attorney's Office and submitted for consideration pf the City Commission. A£ Pl. .4 cc: Law Department NOTE; Planning Department recommends; DENIAL LOCATION/LEGAL ZONING TACT SHEET Conditional Use to permi.t,off-street parking facilities on lot 14 and the N1'4' of. Lot 13... and too permit 10' opening onto SW 40th Avenue in conjunction with -apartment building to be er,ectedl on.lots,1, 2, and 3 in the'R-1 (One- Family) district. Approval ,of Conditional Use and denial of opening onto 40th'Avenue. Granted by Res. 39861'subject to all ingress.and egress from West Flagler Street and,subject`to the construction of a 5' wall 17' north of the south property line,,said 17' to be landscaped` and a 4' wall at the west setback line. of lot 14, REQUST' Conditional use to permit Construction of a 2. story building for medical and (or) dental , offices on lots 4, 5 and b in the R-4 (Medium Density Mu1tiple,Dwelling) district. <:T Approximately 3900-3998 W, Flagler Street All of Lots 1,2,30415,6, 14 and the N 14' of Lot 13 'Block 3 STADLER GROVE (9-1$7) P.R.D.C. APPLICANT/OWNER SilVano A. Hernandez Herrera & w. Maria 3970 W, Elagler Street, #103 Miami, FL 33134 Phone # 442-2660 or 442-2528 or 445-6602 ZONING RG-2/5 General Residential (Lots 1 through 6; Inclusive) and RS-2/2 One -Family Detached Residential (Lot 14 and the N14' of Lot 13) REQUEST Change of Zoning. Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, the Zoni ng. Ordi nance'of 'the City ,of — Miami to CR-2/7 Commercial -Residential (Community). HISTORY OF RECOMMENDATIONS) AND ACTIONS) Planning'Board Meeting 7/11/85 REQUEST PLANNING DEPARTMENT PLANNING: BOARD Zoning Board Meeting 11/17/80 PLANNING DEPARTMENT ZONING BOARD CURRENT RECOMMENDATION W AND. ACTION(S) PLANNING DEPARTMENT DENIAL: The proposed change is not in accord with the City of Miami Comprehensive Plan and the land use.characteristics-of the area. Likewise there.has'been no change in character or need indicated in the area ,to justify. the requested change'of zoning. There is ample commercial zoning and areas for commercial development within the community without additional rezoning.as.re,quested herein. The CR-2 zoning coo d seriously„impact the residential area to the south, especially i,n light to the fact that RS-2 lots are included in the requested change. pugLIC WORKS No dedication is required. 3900-3990 WEST FLAGLER STREET Introduction 1. On January 23, 1986 a request for zoning change was . presented to the consideration of the City .Commission, for a property located at.,3900-3990, West.Flagler Street. The City Commission considered the need for a zoning study of the strip.. fronting Flagler Street, between Douglas. Road'.and LeJeune. Road in order to' have elements upon which to make a better decision .in reference to, the subject property in the context of the area. 2... Existing conditions 2.1 Zoning There are four different zoning, classifications within. the ,strip., RG 2/5 -General Residential; R0 1/4 - Residential Office; R0 3/6 - Residential Office -and CR 2/7 - Liberal Commercial. (See zoning ' map) 2.2 Land Use The existingland use pattern of this strip is very. different from s: what the zoning;; districts allow. A a e i of 4 } t= f. The only commercial buildings are located at the mayor intersections: 37th Avenue and Flagler Street; 42nd Avenue and Flagler Street. The rest are office buildings or residential buildings in good condition. (See land use map.) 3.. Conclusions 3.1 The fact that commercially zoned land is not being utilized as such, where the intensity sector (7j in one,of the highest (FAR 1.72) is a clear indication that real supply exceeds the existing demand in the area. 3.2 The City has a surplus of commercially zoned land. Approximately 18% of the land area of the City is commercial and only 9% is occupied with such uses. 3.3 The extension of the Commercial District will yield transitional. r. rights to a greater area of a stable neighborhood. 3.4 Strip zoning creates problems of traffic flow and. accesiblity meaningful development and increased area of friction between, different iand uses. Page of !4t ii► fi �� ®® ®� � �M0 NUPmm sm L "o, IS !Iwki ate®um lit "Er ®fi9BONI MEd rim- 11"711 died rll,"NUMMio RONPma1.wa O FORM �� A i -rizR14 ATI 1E -1 N( 'Gt )' oil 9! im . AFA ilI lama jug hk" 144,01: ipirL &-:511iffillo Hilloi�l�"ill, mmr7" Milli; 11:151190 �q q �l�l�l�i�tin1��91�©1� all ME WTH I am IN LTS*�dwil Alm,19=40ri I A UIR. Qm®® • : ®t!®®®®aQR ®nAO w� no -goo I qb Ord I ��.ILA IdIt mmrcrw Or, _MUM 0� � J ,,, �/ �/`�j!.`�I/.��F 4 ��+// % r,? 1ppArlowgoal� 5�r�� :-�i�91a,o��d��� rO§ aim skir OO Aum _Change to: g Ir ��°��� loll ® � AlTA loci 10913111IM22 _ _ _ _ _ _ _ , �`t APPLICATION FOR AW-NOWENT TO ZONING AT'JAS F Number ZA-83-. ,. Silvario :�. Hernandez '�errera iv � `\l�L I, L.,ari'a Hernandez, his wife , hereby apply to the City Cornrnis- Sion of the City oTvllamt for an bmendtnent to t o ami as more porticularly described herein and, in support of that request, furnish the following' information: . Address of property 3970 and 3990 ale s t = 'lagle r St . , Iti+iami 2. Two surveys, prepared by a State of Florida Registered, Land Surveyor. (Attach to application) - 3. Affidavit disclosing ownership of property covered by application and disclosure'of interest form (Form 4-83 and attachl to application). 4. Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (See Form 6-83 and attach to a lication. , 0p ) - 5. At least two photographs that show the entire property (land and improvements). 6. Atlas sheets) on which property appears 32 - 7. Present Zoning Designation 8. g Proposed Zoning Designation, C - 2/7, 9. Statement explaining why present zoning designation is inappropriate. (Attach to . application) 10. Statement'as to why proposed Zoning designation is appropricte. (Attach to appit-, cation) Other (Specify) _12.. Filing Fee of $ according to following schedule,_ _ (a) To:, RS-I, RS-1'.1, RS-2, 0.04 per sq.ft, of net lot area, minimum �y300900 RC -I, PD-H, PDs-HC,' (b) To RGr21RC-2.1, $0,06 per sot. of net lot area, minimum RG-2,3 . RO� I, $350900 RO-2. I. (c) To; .RG-2.2, RC-3, O9A8 per sq,ft, of net lot area, minlrr�orn RQ- 400.00 y t � � v: fs Toi � CP- I I CR-29 CG-I) i•I; 1.2; SPI- I 0205t7) 8.941 It 12 0.10 per sq,ft. of met lot :or"$: milmirmum ITEM 9 The present zoning classification is inappropriate because in the immediate area of the property being sought to rezone there are many professional offices and commercial structures. If the subject property's current zoning, were tc be changed, it would conform in zoning classification as, well as use to the rest of the immediate area. ITEM 10: The proposed zoning designation is appropriate because _ most of the parcels adjacent to or surrounding,the subjec� property are zoned commercial residential and office, our request would merely bring the subject property within the :prevalent ,zoning classification and/or use. A series c: businesses related to and necessary to the offices could be developed in the subject property, such as: pharmacies, i orthopedic and medical instruments and supplies, coffee ' shops, etc; The establishment of these. offices and the :. adjacent businesses would mutually benefit as well as, the i as their patrons, To make this proposal.' a reality, a rezonification is necessary to remodel, expand and adapt the i `f existing. buildings to its new use. �- no �.._, ..,�� 17AITE OF r `, %1'DA ) COM V OF DAM before Me, the UhddMigned authority, this day pOMor 1, y — 5ilvano He: rhandet he rera appeaftd , i t: ;_� - :.e na, ici:e... ►�' .s._: wig e who beir4 by f:e fist duly v1 r�1, upon oath, deposes and says 1. That he is the jmer, or the legal repr tseri ativt of the Crier, sub itti the accw , ... application for a public hearing s required by , _ finance No. 9500 of the. Code of the City. of Miarrt, ?loft, da, e feetu- the real property located ih the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof, Z. That all owners which he represents, if arty, have given their' full and complete per cession for him to act in their behalf for the change or modification . of a 'classification or regulation of zoning as set out in the acco-=anying petition. 3. That the gages attacked hereto and made a part of this affidavit contaLi the cur,, ent names, mailing addresses, phone nt=bers and Owmet ll i1ame �' z. e ie�ride� )?e l ei�e fa i', i` r3 l ei`ti ide ► Yii w: 1e Nail9hg Addre55d ;:► le41) teet 1i 1etii r lo Telephbne Number 442 2660 Lott 114 & North 14 feet Cf lot 1�, f lock 3r atadler Gz`ove L 9 i -Pa.ge 187 Lott 4*5i6, 13166k 1� of Stadler 3r6ve Pb 9. Page 187 Owner's Name Mailing Address 'telephone Number Legal Description: 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 subject site is listed as follows: Street Address Legal Description 15 . S . a) . 40th Ave. I: 31.' of lot 12 and 3 .34' o.L r,+ i :;i nk '3 Stadler Lrove :iaMi, 1. Street Address 20 3 —1. 39 c. t . I::iami, F1. Street,Address 1= i gai description Wid street address Of suoject teal property. — Pareel.1 Lots 4,516, Block 3 Stadler JroVe pb 91 at pa&e 1671 Public Records, :lade County 1. 3970 aria MO Wett Plaglet Street, MiaMi,.rl ritla Parcel 11 tote 1 # 2 0 3, and 1W andi.orth 14 feet of lot 13, b1.3, a, Stadler rove, PB 9, pg 1070 Public Records Dade Count 26 C *jr(s) oir a ;*i t teal percentage of Ownership riot City of Miami Ordinance Va. 5419 roquiires disclosure of all parties avIs�g a financial ihteresto either direct or indirect, in the subject matter of a presentatioh, request or petition to the City Commission. - Accorrdinglyp cptiestion #2 requires disclosure of all shareholdets of eorporatio"t beneficiaries of trusts, and/or any other interested parties, together with their addresses'Wid ptbvortioriate interest. ys to Parcel I Sil.vano ti. Hernandez Herrera, k t•:aria He., ande _ his wife, 4240 6..4r, 5 Street, 1-dairai, 1. 3313- 100 :. Pis ,to "Parcel II Silvano A. Hernandez Herrera, �. ,,,aria Hernandez, his wife, 4240 5,,;; 6 street, :,.iamd, ; 1. 33134. 100 3. Lecal description and street address of any real property (a) owned by any, party listed in answer to question #2, and (b) located with::. 375 feet of the subject real property. she worth 31 feet of lot 12 and the South 34 feet of lot 13, Block 3 Stadler Grove 9, pg 1.17 Public records Bade Count,y,:l 6' y/K 15 S ..; . 40th rive . , Viami,F 1. lots 7 3 Block 3 Stadler sro e en 9, pz 1 7 Publi 'Records Jade County, F1. ( 1 AKA 20 S.W. 39 Ct., Miami, Florida OWNER OR, AT'IO&Z.Y MR NNER STATE OF FLORIDA ) SS: COL TY OF'DADE ) — Silvano A. Hernandez Herrera and b;aria Hernandez, his wife ,being duly sworn, deposes and says that ne is the (Gwner) (Attorney for Owner) of the. overty Jr described in answer to question #1F above;, that he•has r 3 the fo oing answers and that the same are true and conplete; and (if a as attorney for owner) that he has authority to ex this Disclosu of ership form on behalf . of the owner. , City OK MIAMI, FLORIbA INfi6k-OFFICE M€MOAANDUM Awk ae1 47 9 Po DEC LA WO N,_0,L_RUTkL(,T!,V this DetlarAtiOh Of Restrictive Covenants RUMOM9 with the land llbOdlArati6n") it Made and entered into this day Of January* 1983, by LESTER G. KAM, at Trustee for the certain land Trutt Agreement, 110 dated 4/l/M and HARVEY AUVINo-Attoehey for An applicant, (owner). 8ACY49OUND FACTS The Owners hold fee simple title to the Property described as followsi, 4000-40-50 West Flagler Stree . t and Approximately 110 SW 40,th Avenue Lots 4, 6i 6$ 70 and the N 141 of Lot 8 Block 2 STADLER GROVE (9-187) Owners have applied to the City of Miami ("City") to rezone the property -to C-2 under the City of Miami Zoning Code. Owners desire to offer certain assurances to the owners of properties within 375 feet of the property ("Neighbors") and to the City, that if the Property is developed under the C-2 classification, Owners will waive their right to certain uses, will limit certain uses thereon, and adhere to density restrictions thereon'. The Owners recognize and acknowledge that the covenants listed below are freely and voluntarily offered as a benefit to the public health,, welfare an� safety of the, City of Miami and inhabitants. COVENANTS Owners hereby agree and covenant as follows: 1. That if the Property is rezoned to C-2, Owners will use said Property only for the purposes of construction and operating an office building'on said, property under,C-2 zoning regulations of the City of Miami, Dade County, Florida, and the said Property shall not be used for any other purpose permitted by law, under the,C-2 zoning. 2. The said office building shall be used exclusively as.an office, and shall be completely devoid of storefronts and retail outlets 3. That if the Property is zoned C-2, the Owners agree to waive all rights to transitional uses under the present City of Miami Zoning Code and its successors. 4. That if the Property is rezoned C,2,'the Owners shall strictly comply with density restrictions of applicable Zoning and Building Codes. 019 1 !7 OFF REG Idu J C) S. Thote Covenants shall be C0VftaMt9 running with the land and shall be binding upon OWheri Owner's successors in title and assigns and shall inure to the benefit of and be enforceable by the City of Miami and the intended beMofidiaritt or neighbors. 6. This Declaration may be rleleatedo modified, or amended as'to all Or any portion of the Property by a written instrument approved at the public hearing by resolution of the Board of City Commissioners or the Zoning Board of the City, whichever, by law, has jurisdiction over the subject matter. 7. This Declaration is enforceable by the City of Miami by action at law or in equity with costs and reasonable attorney's fees to'the prevailing party. IN WITNESS HEREOF, the said parties have hereunto set their hands and official seals this Lzi day of --,�Vdyv 1983. OWNER/APPLICANT: Rac147pol :i l i S Y • + r'it4i 1244 � E0LARVt0N 0F AtVAICTiVl O�V�N Nth Wheraas a beclaratioh of RestriCtive Covenahts (copy attached) was ffiade and entered on January 5, 1988 by a predecessor ih title t6 the below dasdribed property a part of the record of proceedings which resulted in the City Coii,issiones granting C-2 zpning as reCOMMOhded by the Zoning Board after public hearings.' 4000.40-50 Mast Nagler Street and . approximately 10 S.W. 40th.Avenue Lots 4, 5, b STADLBR GROVE (9.187) With permission granted for parking _ on the back parcel: Lot 7 & N14' of Lot $ Whereas the present owners of said property, having purchased without CAI actual or record notice of said Declaration respectfully wish to modify same by M permitting a commercial banking facility in a structure which would greatly reduce, M the height and mass compared to the plans approved in January of 1983. (Height, from 7 to 5 floors; mass: (approx.) 70,000 sq. ft. to 30,000 sq, ft.) The Owners recognize and acknowledge that the covenants listed below are freely and voluntarily offered as a benefit to the public health, welfare and `jII w, safety of the City of Miami and inhabitants. COVENANTS Owners hereby agree and covenant as follows: .. 1. That the said building shall be used exclusively. for offices and shall not be used for retail storefronts, however that a commercial banking facility Mr, Loi'eno Luades oaeled theailowi, ReoLitititl atd toved its a.doptioh, — AnOt noN., z 13 AFTER CONSDEING THE FACTORS SET FORTH IN SECTION 3509 d? ORDINANCE 9500, AS AMENDED, THE. ZONING ORDINANCE OF THE CITY OP MIAMI� THE ZONING BOARD ADOPTED RESOLUTION ZB 16385 RECOMMENDING APPROVAL OP THE CHANGE OP ZONING CLASSIPICATION IN THE OPPICIAL ZONING ATLAS OP ORDINANCE 9500, AS AMENDED, PROM RG-2/5 GENERAL RESIDENTIAL TO OR-2/7 COMMERCIAL - RESIDENTIAL (COMMttNITY) FOR THE PROPERTY � LOCATED AT 3900�3998 WEST P'LA=R STREET, . ALSO DESCRIBED AS ALL OP LOTS 1, 2, 3, 4, 5; 6;„ BLOCK 3, STADLER GROVE (9-157) P,R,D,C., AND RECOMMENDING DENIAL OF REZONING LOT 14 AND THE N 14' OF LOT 130 BLOCK 3, STADLER GROVE (9-187) P.R,D,C. Upon being'seconded by Mr. Alvaro Romero, the motion was passed and adopted by the following vote: AYES: Ms. Basila Messrs. Gort, Moran-Ribeaux, Channing, Romero, Sands, Luaces and Milian NAPES: None. . ABSENT: Messr. Freixas - Perez'Lugones: Motion carries 8 to 0. December, 1 4 *R# Mpn�n �par� �x . i • i 1 1 } PLANNING FACT SHEET Silvano, A. MariaHernandez Herrera: - Octobe'r 161 1986 3. APPROXIMATELY 3960-3998.W. FLAGLER STREET. — Lots 1,:2, 3, 4, 5 and.6 Block 3 STADLER GROVE (9-187) P.R.O.C. Consideration of amending a) the Miami Comprehensive Neighborhood Plan 1976-1986 by - changing the designation of the subject property from Moderate to High Density" Residential to — Restricted Commercial and b.) the proposed Miami Comprehensive' Neighborhood Plan (Sept`. 1985) by' changing the designation from „ Moderate High: Density' Residential to General Commercial. To amend the Miami, 'Comprehensive Neighborhood Plan. The Applicants':. proposed changes to the City of ;. Miami Comprehensive Neighborhood Plan 19,76-1986` from Moderate ,Density Residential . uses to High' Density .,Residential .' uses;" " "and' 'changes t0" the': proposed Comprehensive. Neighborhood Plan of September 1985 from Moderate ',High Denstty; Residential use to ;General Commercial uses, is not in ' accord with the res i dent i al* and commercial del ineations, set 'forth in. the City of . M I - Comprehensive"Neighborhood`Plan not.in_.accord "and with; the' exist ing':land use..character istics of the, various p-roperties surrounding the subject site:.; In addition, there have been no, recent:,.changes of I and use, An the area.,which. wouUlJustify`: this applications nor has there been any change ,,n? demand- for` commercial facilities' which would Justify the requested , changers to land, use. Currently, there is ', an extensive amount of existing commercial. toning within this community which could :accommodate any additional projected need for commercial development; Denial PAS; 1 [5/85 Fade I _ t 7 1 0 19f 1 F PLANNING'ADVISORY BOARD At its meeting of November 5, 19861 the Planning.Advisory Board Made a mot on to recommend approval which failed by a 3 to 5 vote, therefore constituting a'recommenda. tion of denial, The Planning Advisory Board, made a -second motion to recommend approval of changing the designation to Residen.tial- Office which also failed by a 3 to 5 vote., OIL. 'k J PAB 5 156 '11 Item 'AIr 1 Iw 1-- M� ��w mLqmlm i • ..3'� iiii 1Alit + I- • a to to - ts - M +► a + a . 2 13 Z 7 e 9, ,. 10: I N V FLAG%TERR. zoi + s : 4.. ,. V 3� 0 9 — 2Q 21 2 2 �,; ,:.. 17' ' g .• Z a 9' , p. 1 3 14 7. e 9 1,0. 50 'WES : FLAGLE S T- SO � a 46 „ • 3 5 6 1. . 2 3 .. q 0: 6 t� i; k� �'S �+� :',i;: ; �i : 1 2. 4 6 6; 1 3 S I .2 5f 14 13.,' 11 V 4., a T I =. Ip 10 T�30 . o 0 1 23 'f ST x� 1 s " 2 6 c .:T so 4c 44 50 ,,o .39 4 j TERP -}�tlt so Ilsa �I� is 17, 1 ,,., . ,t .:. # *� � F •ems ^� -� ',' .ia,' a+k-- r r� lip rpm. 1 � •• t Mrrr MSa1r►w.r.... _.�..%�+1 ��Mjj s//l��•i.•.-1- .,._, iz:r�..r C'3elRwr - ,�- Si��ttri� +i1i►'-.�+ ' .+ t. IN .• _ //rlrm// 04 IL �. „' s -^i.iia • .�� +. _ . `t tom_ -� Tv OWNP tir• !N Mir r • �a`* Sj FU - a s- C 5 f Application 'f `� Dates CITY 'OF MIAMI PLANNING DEPARTMENT 275 N.W. 2 STREET - MIAMI, FLORIDA 33128 APPLICAfiIIAMI 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 ther,eeof shall be' reviewed by the portion planning advisory.board board to determine whether changes in the amount, kind or direction' of development and :growth ofthe city_: or , area thereof, or, other reasons, make it necessary or to beneficial to make additions or amendments. If the comprehensive plans, or.portion thereof. the city commission desires an.. amendment or ,. addition, it may, on its own motion,.direct the amendment planning department to prepare, such 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 r g to or, amending "comprehensive plans .or portions as the procedure for thereof shall ibe the same original'adoption. proposed by::This- pet.ition is City.Commission ( ) Planning Department. ( ), Zoning Board (X) Other '& Please'Specify; Si1yano A. Hernandez -Herrera and.wife Maria ed at ` pnr+roxa�nateiv 39AC-399$ West laaler , :treat ropert is Iocat `� The subject py ,. AND MORE PARTICULARLY O.EURIBEO A$; Lot(s on ,;", 41bd1KaS1?nPTE�- l. _ Pale I�Sl f J; S s i y z 'The under 'Signed being the owner or the representative of the owner, of the Subject property di �) retPeotfully request the ap` val of the City of Miami "Neighborhood for the following dinendMent (s) to the Miami Cornpretien s i ve Plan for the above -described property as indicated in the Land Use Plate: FROM: eomrehersiye plan of 1976-1986 *4ed r to .; t� _ 112h. Dettsitj► itesidet�tiel C.a-r,rehertsive Plan of 1°85i Moderate'.E�iQh oen�ity TO: Coavrehensive Plan of 1976-1986:, gestricied-C iercial Ca,prehensiye Dlan of 1985. General corn-ercial Please supply a statement indicating why you think the existing plan` designation is inappropriate. 1. Given 'that Vest Flagler Street is a traAor transportation corridor, .the existing land use flesicnat on/n l6n6er arorooriate for this specific location 2. Civen the charic-ed conditions in . this area alonq Fest FlacTlei Street, the existing. land ` use desicmation , is no loner armronriate . for this specific location., 3. ` :he nror+erty owner wishes to make certain it rove�-�ents to the oropertv': whi.ch are` consistent with adjoining develoments , howm er, the . present land. use . and zoni.ng' thee.: desired iimroverents. • designatiors do not , allow ' for , Please ,supply, a statement justifying your request, to, change, the plan to your. .requested pla6 designation.. 1 Fast Flagler Street is a major transirortation corridor and the. requested coam..rcial land use designation is therefore appropriate for this.nrope ; 2. Given changed Conditions in this area along !,lest rlaalez Street, the re('uestec coon rci ai land use desictztation isan ate for this property; 3. The prgperty owner %vishes to =ke certain �crprwements too the prvnertY . H'h�ch are cQr istent with . adjo * ing devil o rents anti rxa�.ilcl : be tted i f the land. use f = - F and zoning. deeiC_IMti-vns T►ere Cbanged a$ reme�sted by the applicant V What is the acreage of the property being requested for a change in PI,An }. �e�i�natis�n? ,R rC)x"WIv 28,400 sere feet pf 3 r r F" Hai; the designation Of this property been changed in the last year? 140 Do you own any other property within 2001 of the subject property? Yes If .. yes; has this other property been granted a change in plan designation w5thi�t the last 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? es_ Have -you -filed with the Planning and Zoning Boards Administration Department - Affidavit of ownership? _'des -List of owners of property within 375' of the subject property Yes - Disclosure of ownership form Yes if not; please supp y hem. SIGNAT U DATE October 2, 1986 NAME AI$FYrM "R. CA'2fla7S, EyO. C R4Prksw�tMPS �vt' �v.•t:R� ' ADDRESS Bl CbAT) Ate CA.�RF1.; One Biscayne 'Irowpr, Suite 3333, �tiaiT+ Florida 33131. — PHONE (305) 371-9 100 STATE OF:FLORIDA) SS: COUNTY OF DARE' ) - R.CARDM.S" being duly sworn,. ,deposes and says that he.is the Q� ': Authorized.Agent,for Owner) of the real :property described above: ;that he has,read the foregoing, answers, and that the same are .tr_ue and: complete;. and (.if acting .as.agent f ner) that. he has authority'to'execute = - this. petition on behalf of the ovine — r SEAL) SWORN TO ANO.SUBSCRIBE0 AIBEF-O R. CARD FS�?. • bef ore me th is :� ��c/ dayS : , _ - of Octflber 19. Notary Publicp State of F ,La.r.9 arida at .� Notary holio State of FlaJda at large, MY: COMMISSION .EXPIRES: My Commistion.ExpiRs Occ. 3, 1S8] ".. ' IA.�wt. •w��--#r�i�—.... :����.�.w—.rsrr..��+-.. e+•fR+*e+l. wow �.r 1. S.�------------- •!+�!P----�—A'!�-ems 1��rel Compuiiation of Fee: Receipt - - - -X �e"Pf 3A x owl 11.1 list 0IVnerName a i� ide ;` rera xermaridtti hia Wi s Mei l ing Aearesmom Telephone Number 449-2660 Legal hicriptiom! ; Ii2i i 14 North 14 feet Of lot 13i tlodk 3, Stadler Grave ?Z i Page 18 t. Lots 415 i bi tlodk 13 of Stadler gr6V4 Pb page 187 Owner's Nahe Mailing Address Telephone Numben y Legal Description: - Owner's Name Mailing Address ; Telephone Number — Legal Oescription: `— Any ot:, •real estate property owned A ndividually, jointly, 'or severally bycorporation, partnership or privately) within 375, the site is listed as follows: of subject Street Address Legal Description 15 S . �1: 40 th Ave . II 31' of lot 12 and S 34' of I::iami, F1. Lot 13 Block .3 Stadler. Grove . PB 9�' Pa9Q 187` Street Address _ Legal Description 20 S.:V 39 C.t,- _ Lots 7 &--8,. Block 3 Stadler Grove D iami, Fl. " . PB 9, 107 Street Address �., Legal Description t • { a; t, 1. teal degariptim ark street address 8f subjeet real pre"rty: parcel I L6ts 4j5i6, 816dk 3 8tadjer i:r6ve At Page i ?, Ublic P,eO c rdgo fade c6untyin. Y WO and 390 west pi ag) er Street,ir�9 , wide Parcel 11 dots 1,2�.i and andr�brth 14 feet lot 13, t1.3, �tadi.er -rove ► r8 9► p, id7 r Public `edords Dade 2. *r(s) of su Ieet real percentage Of Ownership. +�6te: pity of Miami ardir►anted1.9 requires isldsUe of all partiea h ft9 a fiMaheial interest, either diteet or inditeet, in the surile ft tatter of a Oresentation, request or 'petition to the City Coftission. Adcordinglyp q'uestidn 2 requires diseloeure of all shareholders of torpocatioc�p t.:elieiariea of trusts, aW6r any other interested parties, togo.thot with their addresses aM prtportiOnate interest As to Parcel 1 Silvano A. Hernandez Herrera, °e t.+aria Hernande t t his wife, 4240 S.-1. b Street, t-;iami, F1. 13134. 100;0. As to Parcel II Silvano A. Hernandez Herrera, maria Hernandez,•.' - his wife, '4240 s..J. L 6 Street, Miami, F1. 33134.' � ifr. Asrcn MAne8 6�-erect tie iMd rov ea its adopt on MOTION TO RECOMMEND APPROVA , OP AME'NDtNC� A) TNT MIAMI COMPRP,fENSi'� i�EIO1IEORHOOD PLAN 1575-1986 BY CRANOtNG THt DES GNATION OE AP?ROXIMATELY 3966-3�58 WEST PLAGtItR STREE;T, ALSO DESCRIBED AS LOTS 1w �, 4; 5 AND 6,, BLOCK 3 o STADLER GROVL (9-187) 8, R, D C FROM htODERA'E fiO NIGR btNStTY RESIb2NTIAt, TO RLSIbENTLAL OrPICE, AND B) THE PROPO'StD MIAMI COMPREHENSIVE NEIG tOR 0OD PLAN (SEPT 1 985 ) BY CNANGI94 THE DESIGNAI"i(?N PROM MODERATE - N-IGR DENSITY RESIDENTrAt TO RESIDENTUI ,. OPPICP, PAILEb BY A 3 TO 5 VOTE. Upon being seconded by Mr. Herbert Lee Simon, the motion failed by the following .vote: AYES: Messrs. Simon, Manes and Pedraza NAYES: Ms. Spohn Messrs, Lopez, Armesto-Garcia, Benjamin and Gomez ABSENT: Ms. Hadley. Messr. Asmar Mr. McManus: Motion fails 3 to 5. CORRECTN8SS: MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade 'Couhty, Florida. STATE: OE ELOA10A COUNTY 6F bAbIL- gefors the undersigned authority, personally appeared Saokie. Williams. wh6 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 bade County. Florida; that the attached copy of advertisement,being a Legal Advertisement of Notice In the matter of CITE' OF MIAMI ORDINANCE NO. 10191 In the,.. X?CX ...:.................:........ Court, was published in said newspaper in the Issues of :Dec. ' 19, 1986 Alliant further, says that the said Miami Review is newspaper published. at Miami In ,said• Dade County; Florida and that the said newspaper has heretofore been ,continuousl published in said Dads County, Florida, each day (excep Saturday, Sunday and Legal Holidays► and has been entered a second class mail matter at the post office in Miami in sai Dade County, Florida, for a period of one year next precedin the first publication of the attacned copy of advertisement; an afflant of says that she has neither, paid nor promised an perso , if or corporation any discount, rebate, commissio or re n for the purpose of securing this "advertisement f pubil a n in the,s Swom to and su a�rfD before me IN 1 i,y v' • De r A. 19. 86 D" .' erbeyr � t�tely, r{fa! t of Florid at Lar (SEAL) My Commission expires u y 9. 1990. Lta A" I I All ititbPested pisf 01`19 Will take hbtice that "off tlib i1th, d�y,af betti mber,1913fi, the City Cdrtihrlsslt>h of Mlanii, Flotidft, adopt2d the followifig'tilled OrdihahCes: k1C�INAN ,16r 16166 AN EMERGENCY Opb'INANCE AUtHOfl0NG THE iSSU- ANCE .OF gUBnRbINAttb PARKING SYStEM REVENUE f1NC . 01 .I HE CITY OF. MIAMI, PLORIbA IN AN AGGRE- BANE PRINCIPAL, AMOUNtlkbt EXCEEDING $Z000,000 FOR fiHE PURPOSE_ OF ACQUIRING 'LAND to BE USED FOR THE, PURPOSE OE ERECtING.ANb CONSTRUC,tING THEREON PUBLIC 15AAKING FACILITIES WITHIN THE COR• PORATE LIMItS OF THE City OF MIAMI; PROVIDING FOR THE f AYMENt OF SUCH. BONDS AND THE INTEREST . THEREON FROM AMOUNT"ON DEPOSIT IN THE GENERAL RESERVEACCOUNT CREATED PURSUANT t0 ORDINANCE NO. i01„t5 OF THE CITY:COMMiSSiQN OF THE CITY OF. MIAMI; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN COV- ENANTS AND AGREEMENTS IN CONNECfIfON THEREWITH; AND PROVIDING THAT THIS ORDINANCE BE EFFECTIVE IMMEDIATELY UPON ENACTMENT, ORDINANCE NO. idi AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY CAPITAL IMPROVEMENtS; CONTINUING AND REVIS- ING:PREVIOUSLY APPROVED SCHEDULED, CAPITAL IMPROVEMENT PROJECTS, AND ESTABLISHING NEW CAP- ITAL IMPROVEMENT PROJECTS TO BEGIN DURING FIS CAL YEAR 1986 87; CONTAINING A REPEALER PROVISION AND A'SEVERABILITY CLAUSE. ORDINANCE NO.,ioibe AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE _ FUND ENTITLED AND BLIGHTED. STRUCTURES DEMOLITION. REVOLVING. TRUST FUND"".FOR..THE.PUR• POSE OF APPROPRIATING FUNDS FOR.THE DEMOLITION OF UNSAFE AND BLIGHTED STRUCTURES ON A CITY WIDE — BASIS WITH`REVENUES IN THE AMOUNT OF $500,000 ANTICIPATED AS BEING AVAILABLE FROM A LOAN FROM THE.GENERAL FUND SPECIAL PROGRAMS AND ACCOUNTS; CONTAINING ,A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ,ORDINANCE NO. 10189 AN EMERGENCY ORDINANCE PLEDGING REVENUES FROM THE UTILITY SERVICE TAX ON WATER AND ;GAS TO THE ' , MIAMI SPORTS AND. EXHIBITION AUTHORITY"TO SECURE A TEN MILLION DOLLAR,SUBORDINATE OBLIGATION NOTE, SERIES 19135,.OF THE MIAMI SPORTS AND .EXHIBITION a AUTHORITY; CONTAINING A'REPEALER PROVISION AND A SEVERABILITY, CLAUSE; DECLARING AN 'EMERGENCY., t TO EXIST,.AND WIVING THE..REQUIREMENT OF READING ° SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS d THAN FOUR OF THE,MEMBERS OF THEr a COMMISSION. n ORDINANCE NO. 10190 TY or AN.ORDINREL'ATOED TO THE DENIAL OR APPROVALVIDING THATACTIONS OF THE IOF ` T.- COMMISSION APPLICATIONS` PERTAINING 70'AMENDMENTS TO THE ZONING CODE, COMPREHENSIVE PLAN,' OR ELEMENTS .' THEREOF, SHALL NOT BE THE SUBJECT OF A MOTION TO RECONSIDER WHICH IS MADE SUBSEQUENT TO THE FIRST REGULARLY SCHEDULED.CITY COMMISSION MEETING FOLLOWING THE DATE SUCH ACTIONS HAVE BEEN'iAKEN, CONTAINING A REPEALER PROVISION AND A SEVERABIL ITY CLAUSE: g° ORDINANCE NO 10190 AN ORDINANCE PROVIDING.THAT ACTIONS OF THE CITY COMMISSION RELATED TO TF(E DEN IAL 09 APPROVAL OF — APPLICATIONS PERTAINING~TO'AMENDMENTS TO THE ZONING. CODE, COMPREHENSIVE"' PLAN," OR: ELEMENTS THEREOF, SHALL NOT BE THE:SUBJECT OF A MOTION TO RECONSIDER WHICH IS, MADE SUBSEQUENT TO THE.FIRST f EGULARI Y SCHEOUI:EO' CITY: COMMISSION MEETING FOLLOWING THE DATE''SUCH ACTIONS HAVE BEEN TAKEN, CONTAINING A REP.EA1_P PROVISION AND A SEVERABIL ITY CLAUSE, ORDINANE No• lQa91 ' AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBOR PK+N ANC ApDENDA (SEPTFMBER 1885); APPROXIMATELYkTFOR 7 FLAGL PROPERTY LQ0A R S REFT (MC RE PARTIGUI-ARk DEB EA, IB. W. B . HrgnlN)'BY:MAI>iGING",:THE";DEBIGNATION.OF THE BUP ,JECT PROPERT?r FAQM.'M94?ERATE HIGH.pENSITY RESI° QENTIA( T.p ENERAUOSjMMERCtAI MAKING F,INQiNGB,'' ANR. t;f NTAlNING" A REPEj�4•EA PRfDVISI_ N AN4 A SEVEN ApII TY,C�AUSE•', 1a�11a1N1Il�1�rE NQs 1421 tip .; r AN ORDINANCE AM€NPING THE �CNING ATLAS OF ORO! NANCF 1'19• 06POr'fM JTY ANGING k(9NING 95 I pF MIAMl, FL QRI l , . FI(�AIIQNF APPfiQIf1 G ,MtN PR 1tlAkX AIR �1A &�fF1EET; MIAMI . DESPRIBI�P IiEl1E1 ),.FFt�M I_Q,?J§Q9NEl�1�:R€t?I NI�AI�' TO C.F Cab NCIIN �IALLdE� ING Nl N (, G 4MAMI4aa�O Qfit PAPF h14 • i;? F sa,iq N1N a [� A� Ma1�E - A PANT ,�?F pktplNA'NCF iV0 9500 "�tSFEN> f f`'�Nl� .r_�r�01OTIAN'AN' ART4C.LF �i.,,6"ECT;ItaN a}QQ fiid�R� �A