HomeMy WebLinkAboutItem #26 - First Reading OrdinanceQ
J-86-982(b)
11/10/86
ORDINANCE NO.
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER
1985); FOR PROPERTY LOCATED AT APPROXIMATELY
3960-3998 WEST FLAGLER STREET (MORE
PARTICULARLY DESCRIBED HEREIN) BY CHANGING
THE DESIGNATION OF THE SUBJECT PROPERTY FROM
MODERATE HIGH DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL; MAKING FINDINGS; AND, CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 5, 1986, Item No. 3, following an advertised hearing
acted on a motion to recommend approval, w ich tion failed by a
3 to 5 vote, therefore constitutinga R C E TION of DENIAL of
the amendment to the Miami Comprehe ve Ne gh orhood Plan and
Addenda (September 1985); as herein set fo h; and
WHEREAS, the Miami Plannin v sory Board, at its meeting
of November 5, 1986, Item No. 3, lowing an advertised hearing,
acted on a motion to reco d approval of a change in
designation to Res ential-0 i e which motion failed by a 3 to 5
vote, therefore c to n a RECOMMENDATION of DENIAL of the
amendment to the i mprehensive Neighborhood Plan and
Addenda (September 19 ereinafter set forth; and
WHEREAS, est Fla er Street is a major transportation
corridor and th requested commercial land use designation is
therefore approp to for this property; and
WHEREAS, g the changed conditions in this area along
West Flagfer eet, the requested commercial land use
desig ion is ropriate for this property; and
E AS the property owner wishes to make certain
impr s the property which are consistent with adjoining
deve op n and would be permitter"
designations ere changed as request y
crnr
WHEREAS, the City Commission ay M
�?SION r
t:
this matter deems it advisable and NOV25
ots��
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager
PZ=7A
DATE- November 14, 1986 Me.
suaJECT ORDINANCE - RECOMMEND DENIAL
COMPREHENSIVE PLAN AMD
APPROX 3960-3998 WEST FLAGLER ST
REFERENccE` COMMISSION AGENDA - NOVEMBER 25, 1986
ENCLOSURES. PLANNING AND ZONING ITEMS
It is recommended by the Planning Advisory
Board that an amendment to the Miami
Comprehensive Neighborhood Plan 1976-1986
changing the designation of approximately
3960-3998 West Flagler • Street from
Moderate to High Density Residential to
Restricted Commercial be denied.
The Planning Advisor Board, at its sleeting of November S. 19860 Item 39
fol low ng an advertised nearing, made a motion to recommend approval of
amen��din the Miami Comprehensive Net hbo Plan - y c ng ng the
e�igton or a rox ma e - e a er ree , also described as
Lots 19 29 39 , an , ISIOCK J. STAIELK bXUYL ty-livi P.R.O.C., from
Moderate to High Densilt Residential to Restricted Commercial which failea'Tji
a 3 to 5 vo e, therefore cons fAt n� a recommen a on of deniaT'The
Planning Advisory Board made secondmotion recommend approvaI or changing
the designation to Residential -orrice which so _ Dya 3US vote.
Five objections received in the mail; three replies in favor received in the
mail.
Backup information is included for your review.
An ORDINANCE to provide for the above has been prepared by the City Attorney's
Office and submi':ed for consideration by the City Commission.
AEPL:lll
cc: Law Department
NOTE: Planning Department recommends: DENIAL
l']
onv
PLANNING FACT SHEET
APPLICANT Silvano, A. b MariaHernandez Herrera:
October 16, 1986
PETITION 3. APPROXIMATELY 3960-3998 W. FLAGLER STREET.
Lots 1, 20 30 4, 5 and 6
Block 3
STADLER GROVE (9-197) P.R.D.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.
REQUEST To amend the Miami Comprehensive Neighborhood
Plan.
ANALYSIS
The. Applicants' proposed changes to the City of
Miami Comprehensive Neighborhood Plan 1976-1986
from Moderate Density Residential uses to High
Density Residential uses, and changes to the
proposed Comprehensive Neighborhood Plan of
September 1985 from' Moderate High Density
Residential use to General Commercial uses, is not
in accord with the residential and commercial
delineations set forth in the City of Miami
Comprehensive Neighborhood 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 facilities which would
Justify the requested changes ih land use.
Currently, there is an extensive amount. of
existing commercial zoning within this community.
which could accommodate any additional projected
r.
need for commercial development.
RECOMMENDATIONS
L
PLANNING DEPT.
Denial
ns
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PAS 11 /5 6
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• items #3
Page i
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PLANNING ADVISORY BOARD
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S�td }YtjL�'.y'j�yn:.L
At its meeting of November 5, 1986, the
Planning Advisory Board made a motion to
recommend approval which failed by a 3 to
5 vote, therefore constituting a recoi, nda-
tion of denial. The Planning Advisory Board
made a second motion to recommend approval
of changing the designation to Residential -
Office which also failed by a 3 to 5 vote.
WEST
WEST
ST
3
FLAGLER I ' ST
TERRyEk
Miami Comprehensive Neighborhood Plan 17 1 1 1 '7_11
1976-86
From: Moderate to High Density Residential
To: Restricted Comercial
Fran:
Model
Restricted
est Proposed Miami Comprehensive Neighborhood -Ito
Proposed
Plan (Sept. 1985)
0 ex
From: moderate High Dqnsity Residential
e ex
LThr:General Cmdercial
S. A
PLAN AMENDMENT
Miami Comprehensive Neighborhood Plan
1976-86
Proposed Miami COMPrehOrtfivO Neighborhood
1985)
Plan (Sept.
PAB Noveiher 5, 1986
Item 03
j
3"Ow APProx imtely 3960
�, - ��,,.; �--i Fl ae t er . Street. : , -
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L
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:
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
charges in the amount, kind or direction of
development and growth of the city or area
thereof, or other reasons, make it necessary or
beneficial to make additions or 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 planning advisory board
shall make a recommendation on the proposed plan
amendment to the city commission within a
reasonable time as established by the city
commission. The procedure for revising, adding
to or amending comprehensive plans or portions
thereof shall be the same as the procedure for
original adoption.
This petition is proposed by:
City Commission
Planning Department
Zoning Board
IX; Other & Please Specifys Silvano A. Hera xlez-Henern pM wife ftria
The subject property is located at = teel_ 33_920-3996 West Flaaler. r-treet:.
AND MORE PARTICULARLY DESCRIBED AS:
Lots) le 2, 3, 4, 5 and 6 '
Blocks) 3
Subdivision 27"7� (2=1q2n-IR-n_r_
Page 1 of 3
L,
'The under signed beingthe owner or the representative of the owner, Of the
subject property d: : respectfully request the ap val of the City of Miami
for the following avendment(s) to the Miami Comprehensive Neighborhood Plan
for the above -described property as indicated in the band Use Plan:
FROM: (k nm�elxnsive Plan of 1976-198_ 6 st,_a_.rrst a -Density Residential
Oart+r+eiiensive Plan of 1985: raderate Piah Density
TO:
mnsive Plan of 1976-1986: A..�r3,..a_r..—•rciai
0WVrdM8ive Plan of 1985: General Cam ercial
Please supply a statement indicating why you think the existing plan
designation is inappropriate.
1. Given that Vest Flagler Street is a Fr 4cr transportation corridor, the
wdsting land use desicpatian/M lonc+er V crap Ute for this specific location.
2. riven the dun -ad conditions in this area along hest vlaaler Street, the
e�dstinq land use desig=tion is no lcnaer apmvrwiate for this specific location.
3. it* tXrocezty owner wishes to rake certain: irvrto the =operty %tdch
are consistent with adjoinira develoww *x, hmmmer, the present land use
and zoning Cesicanst3on6do not allow for there desired i:rlorrnvenents.
Please supply a statement justifying your request to change the plan to your
requested plan designation.
1. hest r1mler Street is a major transportation corridor and the requested
eomnwcial land use designation is therefore arc-Tooriate for this propel ;
2. Given changed conditions in this area along vtst rlaaler Street, the requested
ooaarr+cisl land use designation is acqgogiate for this property;
3. The owner wishes to nuke certain itements to the pro!=, *ich an
Consistent with adjoining deeveeloomet:ts and would be permitted if the land use
and zoaino desiagnations were durged as requested by the awlicant.
What is the acreage of the property being requested for a change in plan
designation?
AR=Kirately 28,400 emme feet ;
Page 2 of 3
ri
Has the designation of this property been changed in the last year? No
Do you own any other property within 200' of the subject property? Yes If
yes, has this other property been granted a change in plan designatTon thin
the last 12 months?
Have you made a companion' application for a change of toning 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 - List of -owners of property within 375' of
the subject property Disclosure of ownership form es If
nott please supply them.
NAME MMM R. -CkT*M, EM. C Rw�c.awwd ,rt o�...wR3
ADDRESS o2AND masm, one Biaaavne TvAer, Ski' 3333, Miami, Florida 33131
PHONE (3051 ' 3'f1-9100
STATE OF FLORIDA) SS:
COUNTY OF DADE )
AU
being duly sworng deposes
and says that
he t Is (Authorized
gent or 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 er) that
he has authority
to execute
this petition on behalf of
the owns .
•
SEAL)
SWORN TO AND SUBSCRIBED
�,p R.
�.
•.
before me this.-7`• day
.
Of a baba r 1986
�—
"�
tart' Public,
tate o or
a it
.. �.+
"M No sub of f fa h at Lxp.
• '"''••
W COfMISSION EXPIRES:
imam fsoua WL 5.1S11
• ••
Computation of Fee:
Page 3 of 3
t
0
AFFIDAVIT
STATE OF n=DA)
SS.
QOCJrTi'Y or DADS )
Before me, the undersigned authority, this day permuLUy
Silvan A. Hernandez Herrera
apPeer'ed Anti Qri a Her A ndg 2 . hi a wife who being by me first duly :/worn,
upon oath, deposes and says:
1. That he is the owner, or the lepl representative of the
owner, submitting the accompanying application for a public hearing as
required by Oniinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City of Miand as described and
listed on the pages attached to this affidavit and made a put thereof.
2. That all owners which he represents, if any, have given their
full and complete pen fission Tor him to act in their behalf for the change
or modification of a classification or regulation of zoning as set out in
the uc_ petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses,. phone raanbers and
legal descriptions for the real property which he is the owner or legal '
rep�suttativs.
4. The facts -as reputed is the application
submitted in conjunction with this affidavit are true and co i
Yurther Affiant sayeth not.
(Name)
Sworn to and Subscribed before me
this Zl day ora�/IOV
Notary Public, State of D'1Lq�r�
Commism;Im Expires:
ECEIVED
.: Connl�ion E�prM NarwiOM 10.19id �`
�d fhY Mid eondy+p AgN�Cy ,�
BY
n
R
r�
0'4`4ER' S LIST
Owner's Uans? _;� � nn �. Hernandez Herrera & Karia Hernandeze his wife
Mailing Address 3970 ::. F lagler Street # 103, fi:iami F 1.
Telephone Number 442-2660
Legal Description:
Late 1#2939 14 & North 14 feet Cf lot 13, Block 3t Stadler Grove
PB 99 Page 187
Lots 4i5p69 Block 13 of Stadler Grove Pb 9. Page 187
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any at meal estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is list*d'as follows:
Street Address
15 S . of . 40th AV*.
f-:iamL s F 1.
• Street Address
20 S.4. 39 Ct.
Miami. F 1.
Street Address
Legal Description
h 31' of lot 12 and S 34' of
Lot 13 Block 3 Stadler Grove
PB 9p page 187
Legal Description
Lots 7.f 89 Block 3 Stadler Grove
.PB 90 187.
Legal Description
DISCL M or 2MRIp
1• Le9al iption and street address of ject teal property:
Parcel I Lots 4,5,6, Block 3 Stadler Grove
pb 9, at page 137t Public Records, Jade County,Fl.
3970 and 3990 West Fla ler Street, Miami, F rida
Parcel II9 Lots 192, 3, and andP:orth 14 feet of lot 13, bl. 3,
Stadler "rove, PB 9, pg 1679 Public Records Dade County
2. Owner(s) of s:a+;ast real proF.:zy'and' percentage of ownership.
Notes City of Miaays�ei Ordinance too. 9419 requires disclosure of all parties
ng a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Coaaission.
Accordingly, question 02 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and prcQog jcmte interest.
As to Parcel I Silvano A. Hernandez'Herrera, & t:aria Hernandez,
his wife, 4240 S..J. 6 Street, Niami, F1. 33134•
100;..
As to Parcel II Silvano A. Hernandez Herrera, & Maria Hernandez,
his wife, 4240 S.d. 6 Street, - Miami, F1. 33134.
1005.
3. Legal description and street address of any real property (a)
owned by any pasty listed in answer to question 121, 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 130
Block 3 Stadler Grove PB 9, pg 187 Public Records Dade County,Fl.
'ei AAA 15 S.9. 40th Ave., Aliami,Fl.
Lots 7&8 Block 3 Stadler Grp PB 99 pg 1 7 Publi R cords
Dade County, F l .
0
AKA 20 S.W. 39 Ct., Miami, Florida
. . 1 u
Silvan A. Hernandez Herrera
and biaria Hernandez# his wife a, being duly sworn, deposes and
says tUt fie s the caner(Attorney or Owner) of the arty
described in answer to question 11. ab nj that he.has the f ing
answers and that the same are true and cwfoletef and (if as
for owner) that he has authority to this 0 of rship
faro an behalf of the owner.
.gab
before this
day of apt �.
NY Ca"9SI552�v E7QMFFS s
LUM
M�yC* *860 Ex0*"No I"II8T9Q
ftTM M. MaynWd 60" AQenCV
.wrw. j W %W0&&r, W%pa s Vill {f1{ H.t•.v
Florida at Large i
YA 6ENER
� of
k
Mr. Eladio Armesto-Garcia offered the following
Resolution and moved its adoption.
MOTION TO RECOMMEND APPROVAL OF A4ENDING A)
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1976-1986 BY CHANGING THE DESIGNATION OF
APPROXIMATELY 3960-3998 NEST FLAGLER STREET,
ALSO DESCRIBED AS LOTS 19 2, 3, 4, 5 AND 69
BLOCK 3, STADLER GROVE (9-187) P.R.D.C., FROM
MODERATE TO HIGH DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL AND B) THE PROPOSED
198COMPREHENSIVE
PLAN
(SEPT.
5) BYCHANGINGTHE DESIGNATION FROM
MODERATE HIGH DENSITY RESIDENTIAL TO GENERAL
COMMERCIAL FAILED BY A 3 TO 5 VOTE, THEREFORE
CONSTITUTING A RECOMMENDATION OF DENIAL.
Upon being seconded by Ms. Dorothy Spohn, the motion
failed by the following vote:
AYES: Ms. Spohn
Messrs. Armesto-Garcia and Gomez
NAYES: Messrs. Lopez, Simon, Benjamin, Manes and
Pedraza
ABSENT: Ms. Hadley
Messr. Asmar
Mr. McManus: Motion fails 3 to 5•
November
Planning
Mr. Aaron Manes offered the following Resolution and
moved its adoption.
MOTION TO RECOMMEND APPROVAL OF AMENDING A)
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1976-1986 BY CHANGING THE DESIGNATION OF
APPROXIMATELY 3960-3998 WEST FLAGLER STREET,
ALSO DESCRIBED AS LOTS 19 2, 39 4, 5 AND 69
BLOCK 39 STADLER GROVE (9-187) P.R.D.C., FROM
MODERATE TO HIGH DENSITY RESIDENTIAL TO
RESIDENTIAL OFFICE AND B) THE PROPOSED MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN (SEPT. 1985)
BY CHANGING THE DESIGNATION FROM MODERATE
HIGH DENSITY RESIDENTIAL TO RESIDENTIAL
OFFICE FAILED 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•
f