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HomeMy WebLinkAboutO-09952J-84-928 1]./20/84 ORDINANCE NO, 9952 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI► FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2210 SOUTHWEST 16TH STREET AND APPROXIMATELY 1600-02 SOUTHWEST 22ND AVENUE, MIAMI; FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-°2/2 ONE FAMILY DETACHED RESIDENTIAL TO CR-1/7 COMMERCIAL -RESIDENTIAL (NEIGHBOR - ROOD) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 39 OF' SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of September 24, 1984 , Item No. 1, following an advertised hearing, adopted Resolution No. ZB 68-84, by a 8 to 0 vote, RECOMMENDING DENIAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants not- withstanding the Zoning Board's recommendation of denial, to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 9500, the zoning ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of approximately 2210 Southwest 16th Street and approximately 1600-02 Southwest 22nd Avenue, Miami, Florida, more particularly described as Lots 1, 2 and 3 inclusive, Block 11 VEDADO, according to the plat thereof, as recorded in Plat Book 10 at page 19, of the Public Records of Dade County, Florida, from RS-2/2 ONE FAMILY DETACHED RESIDENTIAL to CR-1/7 COMMERCIAL -RESIDENTIAL. (NEIGHBORHOOD). Section 2, it is hereby found that this toning classi- fication change! (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) Will not create an isolated district unrelated to adjacent and nearby districts; (d) 15 not out of scale with the needs of the neighborhood or the City; (e) Will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Is necessary due to changed or changing conditions; (g) Will not adversely influence living conditions in the neighborhood; (h) Will not create or excessively increase traffic congestion or otherwise affect public safety; (i) Will not create a drainage problem; (j) Will not seriously reduce light and air to adjacent area; (k) Will not adversely affect property values in the adjacent area; (1) Will not be a deterrent to the improvement or develop- ment of adjacent property in accord with existing regulations; (m) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare; Section 3. Page No. 39 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, -2- PASSED ON PIRST READING BY TITLE ONLY this day of November t 1984. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of January --t 1985- ajjKi!cp, A. Vetrq_ MAURICE A. FERRET Mayor ST 4LPH G. ONGlE CiNy Clerk PREPARED AND APPROVED BY: k lv�WN\' \�i �!'a'�r')-)'-"' G,*'MIRIAM MAER Assistant City Attorney APPROVBIT �ATff"�FORM ND CORRECTNESS: LUCIA-K.-DOUGHLATY City Attorney I Clcrk of the City of Miami, Florida, GMM/wpc/pb/317 her.11% ct:,.W%- that ,�n 7 01 k of Door J)'ov.dd lot, litilic i On,, C.-:py to WITNESS my lliild and the otficial sc:i! of "aid City .... O"y .. .. .... . .... .... City Clerk -3- c) 9 0 V tf-J IT r-AGE 1F:f,N Sylvia tamToh December 3, 1984 Deputy City Clerk City Clerk's office Morningside H,C, = District, 1 /7 Ordinance November 15th City Contrdssion Meeting Attached hereto is a revised ordinance that was U-Upd�the City Commission at its meeting of November 15 on first reading as *�,No. 5 This ordinance has been revised to reflect --U-e excMsIon or-cerr-anrproM 1esadjaccnt to Biscayne Boulevard which were excluded on first reading as per City Conm-Lission's action. Please place this revised ordinance bearing a date of 12/3/84 for City Commission's action on second reading. JEM/gcb encl. cc; Aurelio E. Perez-Lugones Director Planning & Zoning Boards Administration Dept. Sarah Eaton Heritage Conservation Consultant Planning Department 9952 pilami r November 15. 1984 i Mr. Mayor and City Commissioners of the City of Miami;- Gentlemen, I appear before you again to express my continued opposition to a rezoning of the five lots at the southwest corner of 22nd Avenue and 16th Street, I have already pointed out the unfavorable aspects of a change in zoning, such as increased traffic, parking problemsp crimep litter, noise, smelly garbage bins, . commercial garbage collection between 2 - 4 A.M., delivery trucks, noisy air conditioners and air pollution; all combining to make the adjoining properties less desirable and depreciate in value. If Mr. Perez, as he claims, and you Mr. Mayor and City Commissioners really want to do something to benefit the neighborhood you would leave it zoned as it is and persuade Mr. Perez to build homes instead of a shopping center which is not needed and not wanted. What is wrong with one family homes? One family homes are presently located on the two corners of the opposite side on 22nd Avenue and 16th Street. Now I want to call to your attention the relationship between the list of names submitted by Mr. Perez consisting of more than 300 names and my list of signatures representing 55 property owners all within the circle. It is possible that his list includes tenants, different members of one family and many people located outside of the circle. Those outside of the circle would not suffer the annoyances and tenants do not concern themselves with property devaluation. If a shopping center would be in their back yard I think they would have an entirely different attitude. Furthermore only property owners within the Zone of Notification were invited by the Zoning Board to express their views on this matter. My list consists of property owners only living within the 375' radius. The properties adjoining the proposed shopping center And others directly involved would suffer the most annoyance and greatest loss. In conclusion we appeal to you to protect our interest and again ask that you be guided by the unanimous decision of the Zoning Board Members 8 to 0 for denial. Thank you. Gudrun Drindloy, 2245 SW., 16th Torrace, MiamA, Florida! I7ianLL i t' lor�d� ���Y�S November l� s 1984, Mr, Naybv3 Although I utas out of the country during the First Cdrwission review of this proposal, I obtained a tape of the d ::cugsion8 and would like to cojcrtht on SotA of the points raised. In the stat-8%ont which I had read on my behalf by Mr. Fernandez on Octot,-r 25. I spoke of the erection of an 8-foot uAll around the boundaries not opening on either 16th Street cr <'nd Avenue. I reconfirmed this inPormaticn with Mrs. Brindley, who had been vlsit�-d or, Sunday, August 19, of this year, by Mr. Perez, Senior, with an interpreter, At that titre representations were made that the wall would be erected. A -sprese,..ntat .ve of Mr. Perez visited Mrs. Buctfrerger about two weeks after the rirst Zoning Board ree.ting on July 1t and again the same rtpresentation was trade. Contacting th,► Zoning Board, I asked thn breakdor,n of card responses by the horrowners within tha 375' notification area for the proposed shopping center. Mrs. Betty Malber to?3 me 65 cards had been received, with 25 of the homeo;:ners for and 40 against. This means that 62% in the- ircnediate impact zone are against the proposal. It should be noted that the list of residents provided by the sponeors of this spot zoning change reside predominantly outside the zoreL of notification. I have personally visited 17th, 22nd and 27th Avenues, Bih Ste-^t and Coral Way and have found that the residents outside the notification, zone have more than ample facilities available to them, with boutiques, bakeries and pharmacies on 8th Strn,tt, Coral Way and the avenues, two markets on 17th Avenue, three or, 22nd Avenue and the Wi±..n Dixie at 16th Avenu- and Coral Way. All such facilities art ,within easy walking. cycling or driving distance, even within the designatftd impact area. Thus, there is no obvious need to have additional shopping facilities at the corner of 16th Stmrct and 22nd Avenue, - ,99 5 2 4 t IJ +� MiaMl l r F16rida 331458 brivrlhg north on 27th Avoh�* frdw. the Mait, Highway to V•W. 14th Stet, particularly abate S.W. 8th Street, one appeurt to be entering a cembht Jungle+ and the r-vidents of the impaet area do tot want a concrete 'uta.U, Crossing; to 2-Nd Avenue* from slightly north of Flagler Street do%,.n to S,W& 9th Streeto there Are many small businessot, particularly auto parts, auto repair, and paint shops, as well as used auto sales lots. On S.W. 22nd Avenue between end Terrace and 3H Street both the sidewalk and part of the outer lane were blocked with cars in Front rf an auto paint shop, so the motorists had to go fror, two-lane to cne-lane traffic, and the pedestrian Into thh street. From experience this is a regular occurence, and the residents of the Impact. area do not want this phenamenon cn 16th Street and 22nd Avenue. From S.W. 9th Street south to Coral Wiy there are residences, with the F1 Csito Market and laundromat between 14th and 151uh Strr.ets. the. Solis Market at 16th Street and the Rimar Market, laundromat and vidso arcade `.ctween l?th Terrace and 1Pth Street. All of these small businesses are grandfathered and have served the community for many years. At Coral Way two service stations, one restaurant and a bank are at the interseeticn. Small shops are along Coral Way for meeting every conceivable domestic need and. in fact, are anxious for additional busin-ss as demonstrated by pictures to be sul nitted to the Corffr:ission. The tape records Mr. Villalobos ° last comment at the October 25th meeting that "no co=,erce could exist within the .7ctificaticn area," and I agree with him. It would appear that the shopping center is b-ing proposed mere for the residents outside the notification area. Those residents would not he subjected to any of the problems associated with such a c-nt+-r, such as, the cornercial intrusion into a residential area, increased traffic and parking outside the shopping center an adjacent stm..ets, delivery,, garbage and miscellaneous service, trucks, insufficient water pressure, noise. the increased traffic hazards to the residents. depreciated property and. .- 99 5 2 Crud'_^rkt:, 8,V, 16th Terrace .. Matai r Florida 1)145• i.M general the lowering of the ovetr-aj-1 quality of lit'e now in the neighborhood* ire appro:aiate the purpose of the zoning Board and the Cortnissiotj hearings is to permit the proposals and concerns of all sides to be fully knowto so that a consensus in Fairness can emerge. It A:i apparent to me, as well as to all those with whom I have talktd concerning this proposal ani its ongoing process of consideration by the Commissionerso that the mote w+ have heard as this review process evolves the more we have grown increasingly opposed to the change in zoning. Wei the 62f, who live in the immediate ar«a that would be affected, agree with the Zoning Board's overwhelming recotrr,rniation of denial and we look to the Commissionere for relief in this matter now 1a-n-Ung. We have no obj,;ction to the construction o" angle.. -family r-sid-ncts on these lots for which they 3TY zoned, but w• ccn`inue to be opposed to this attempt at spot zoning. Thank you,Mr. Mayor. Attachment: Stat,�tr�nt of October 25, 198-4. �-9952 t ►ttrude 1105211bd Marks - 2207 56W6 16th Nrrace, ti10do PUMA Hrb* Chair ati I wo tld like to count ob the proposals for the use of lots 1.,! cm the $butt+ e t corner of 16th Street acid ZhA Av6nty. b Bch a reported to be the f61low1hgj the erection of a two-etorey building with boutigtL-_s on the ground Boor and offices on the second„ After the first Zoning board neetingd representatives of the ptititiorer visited scree of my neighbors to say that consideration is also being given to the installation of a Super- markets laurdromat and/or bakery on the ground floor,, as well as construction of an eight - foot wall an all bounr ariea not opening on either 16th Street or 22nd Avenue. Parking would be on 'lots four and five facing S.W. 16th Street as well as on parts of lots ore and two facing 22nd Avenue; having ce with my parents to this home about 19, oxOo 2 hpve seen the area grCM Bona a fear hams built in the middle of a citrus grove to what it is todavo hams from ene end of the block to the ott6r.' Therefore, I would ask the Cc=ission to consider the toll.'--,-ing in ntviewing this petitions A.zone change 1: hakes co;=nercial intrusion into the residential nature of a long-established and well-=intaincd neighborhood.' 20 Would severely impact and disturb adjacent property values; jo Increases the density of an already over -crowded and over -parked area, since 16th Street is not wide enough to support additional traffic and street parking. Parking is prohibited on 22nd Avenue, Patrons of Solis Mrket on the northwest corner of loth Street and 22nd Avenue regularly park on 16th Terrace when the mantas lot is crowded; 4; Lot depth of 100 feet not sufficientg intended or planned for counarcial use. 9952 ', } S#�Vi 16th e-rtat .'b XiazA # Ploridd �3145 5a WatA r pressure is insufficient to h&Vts now and Would become increasingly worse if ahr of the above. -proposed busines+osi l.amndreeiat for exatplt-# were constrnotode Axtj we roved to Vedadoi there was a one-islArrd Gulf filling stations which was operated for the last 20 years of Its exd:stence by an arthritic older man whoso use of Prater was strictly to fill car radiators# to hose do-,n carto if regt,68tedy or in his station restroom The stationts water consu-rpticm was minimal compared to what would be required if other than a ones- toroy residence t•-ere permitted on these lotya, As ?fir, Campbell of the Departront of Public Works noted at the September 17 meetingp the areats sanitary facilities were designed for existing zoning; A change to upgrade the zoning to CR1/7 would equal very high usage and could seriously affect the sanitary facilities in the area; 6o what are the oxen -air ordinances for Miami in a resi9ential area? There am two garage apartments facing on to the area which would be affected by the erection of an eight. -foot wall; On belongs I to me. Such a wall would rise to within two inches of the top of four wi Acr"-s on the north side of my apartment. In addition to reducing the lightg there would be no circulation of air and the wall. -would reflect heat on to the premises; 7; What are the noise control orlinannces, since air conditioners or other ventilating mechanisms would be blowing on residences located behind the building: 8; Garbage disposal. If stored in metal containers, where wcu-Id containers be located? At what time Would garbage collections be made and where would truck enter? go Rodent control for supermarket and bakery premises. 100 All night security lights Would shine ,into yards of homes on both 16th Street and 16th Terrace o n: A two -storey struct,,u-e would be an eyesore and invade the privacy of the surrounding hocre s o 129 Snviror=ental changes Would occur tiith the removal of the fruit and other trees now on lots four and $ive, slncc; tboae trees and hoirses Vould be removed and replaced by parking lots; w- 9952 a 2207 S W& 16th Terraeto Miatni # Florida 3314,E The terms "boutique aM professional officese afford absolute4 too guarantee of the types and uses to 'which the facilities ultitately would be placed - ;for e%antple, bovarage stores a 24-:hour convenience storms, as at 2?th Avenue and 16th Street, use of noisy agaip- meat in rear of shops, air compressor# el.ectrio saws noxious odors. bar with loud muse in evening or early morning hours; 146' to grant this variance mould be precedent setting for all of 16th Scree{. and 2: IA Avenue$ from 8th Street to Tigertail Avenue, Variance mandates the results*' 16th Street could become another 8th Street, since other lots would soon fall; In this connection, three "for sale" signs are now posted in the 2300 block of 16th Street* 13o This application is a repeating of previous years for the same property for increase uses vhi.ch would be detrimental to the neighborhood. Others have been denied this use before by the planning board; 16; Designating this area as cam ercial would be the breakdown of the traditionalo long-standing character of the neighborhood: 170' When a purchaser buys a horse in this particular neighborhood, he or she should be able to rely in good faith on the master plan as set .forth by the City of Miami pertaining to zoning and use of properties* this proposed spot zoning is at variance with the master plan of the City of Miami as reported by representatives of the land Development Division, Mr. Whipple on July 1% and Miss Fernandez on September 17, at meetings of the Zcaing Board; At each meeting the Division Representative reco- nded that this variance not be approved, and I agreed 189 We are looking to the Miami City Comwai.ssion to support our neighborhood and to protect us from the intrusion of a shopping center. 19; I'have no objection to the construction of single-family residences on these lots for which they were plarmedo but I am unalterably opposed to this flagrant attempt at spot zoning,' Thank you, Mr. Chairman.- .. 9952 ; U fl Howard V. Gary art September 21, 1984 City Manager ORDINANCE - RECOMMEND DENIAL APPROX 2210-30-40 SW 16 STREET & (� APPROX 1600-02 SW 22 AVENUE Aur�-11 o _E_' ez-L �nq _ Director COMMISSION AGENDA - OCTOBER 25, 19c Planning and Zoning Boards PLANNING AND ZONING ITEMS Administration Department It is recommended by the Zoning Board that an amendment to the Official Zoning Atlas of Zoning Ordinance 9500, as amended, by changing the zoning classification from RS-2/2 One Family Detached Residential to CR-1/7 Commercial - Residential (Neighborhood) for the property located at approximately 2210-30-40 SW 16 Street and approximately - SW 22 Avenue be denied. The Zoning Board, at its meeting of September 17, 1984, Item 1, following an advertised hearing, adopted Resolution ZB 68-84 by a 8 to 0 vote, recormiending denial of an amendment to the Official Zoning Atlas of Zoning Ordinance 9500, as amended, by changing the zoning classification from RS- 2/2 One Family Detached Residential to CR-1/7 Commercial -Residential (Neighborhood) for the property located at approximately 2210-30-40 SW 16 Street and approximately 1600-02 SW 22 Avenue, also described as Lots 1 through 5 inclusive, Block 1, iEDADO (10-19). Forty objections received in the mail; eighteen opponents present at the meeting. Twenty-five replies in favor received in the mail; thirty-seven proponents present at the meeting. 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 of the City Commission. AEPL:111 cc; Law Department MOTE; Planning Department recommends; DENIAL e 9952 q •- V -� ti i lf. .. lr -.r • V• �.�y�•Iw .. ••� ♦!4-� � .. •• i.fv �sii^-\�a. ZONING FACT" SHEET LOCATION/LEGAL Approx 2210-30-40 SW 16 St & Approx 1600-02 SW 22 Avenue Lots 1-5 inclusive Block 1 VEDADO (10-19) OWNER/APPLICANT Jemajo Corporation . c/o Felix J. Perez, President 2000 SW 17 Terrace Miami, FL 33145 Jose Villalobos (Attorney for Applicant) 1401 Ponce de Leon Boulevard Suite 200 Miami, FL 33134 Phone #446-3400 Z011ING RS-2/2 One Family Detached Residential REQUEST Change of Zoning Classification to CR-1/7 Commercial -Residential (Neighborhood) RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. The proposed change is not in accord 1 th tthe Miami Comprehensive Plan and the land use characteristics of the area. Except for the non -conforming commercial uses in the ,area, the area is zoned and used for single-family, two- family and multi -family development. There is no commercial use or zoning existing within one quarter of a mile except as indicated above. 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 requested herein. PUBLIC WORKS No dedication is requested. ZONING BOARD At its meeting of July 16, 1984, the Zoning Board adopted Resolution ZB 67-84 deferring action on the above for applicant to meet with neighbors, At its meeting of September 17, 1984, the Zoning Board adopted Resolution ZB 68-84 by an 8 to Q vote, recommending denial of the above, 1952 ... :t ++ y'.'C-«•.w'� ti.v••ii�it� .t� : c`s+"a•c �W�.� . w�.+ _ .i:9ci�4¢iS�"K ',• �.y, . ,. ..iNa•y�, *IOM�iT O4 FSs7�r _+���'a'�v.1�al `�:.4+•�3i'[yirald�Gi..}4L •`ts�',p. .� •. �.�,�,, +y3,-„L•'��,y';+. . ��R����.;��. �.t?���1 "i�,: •" :{ • .; :.���':- 1. .... "�."i'ki�r•F.•�"'w..� :ti.•'.i _. :ram"': ti... ....���...^�wSw3t�i.�iGS'. _:ma's Y • +'r+at�c+aii5iai�r.+i00-44 r MnWipN!r.+�;nh w' CITY COMMISSION At its meeting of October 25, 1984, the City Commission continued action on the above. At its meeting of November 15, 1984, the City Commission passed on First Reading Lots 1, 2 and 3 only. At its meeting of December 20, 1984, the City Commission continued action on the above. 9952 i o v 1 •j t 9 I J ('S 4 • r 1,y 14 CT I O 9 B- ' 6 S 4 3 2 1 7 1 6 1 9 20 21 2 2 23124 2 5 210 ,, en 50 SO 0 I 0 9 i 7 6 b 4 3 2 I I � 5 '7 1 9 20 21 22 23 24 23 I 50 S W 7 .. R 50 6G 9 8 L 5 4 3 2 1 116 1 7 11 19 20 21 22 23 24 1 , (.• 1• 5a LGO S.,T7. S. W. 50 9 86 14 13 12 fit f��°' � 1 d 1 3 12 11 i 22 10 2*3 9 8 7 u6 0 ti s = 4 . 1 s, l9 19 r0 2 1 24 2576 5: 3 2 = 1 0 50 '6 12 3 1 5b 18 19 20 22 so • 50 ly to ' 7 2 • ,� '� l 5 16 `� 8 9 - • ( 1 x 1} Q n 12 I 4 15 L11,6,01 7 18 19 20 3 r 24 2— c20Rl9 ha8O 17 S T. S.W. 6.g 50 1S0 1 i 8d 1 Li9 8 �J 5 4 3 CV ^ '�4 5 1 6Ll 3 2 r `y • 2 i t l 60 y(• f 9 8 ) 5 4 I n N 1 1 S. W 1 a.. f ') 1 9 Z 6 �► 5 4 , 3 2 1 1 I 7 SAr 53 3z I S I SO 44 47 :0 'io , ,. ja 50 110 I 2 25 26 27 22 21 20 17 3 ( I b0 `0 I -_ , .. su 'AQ 4 0 5 1-. 13 iZ 11 9@ 7 S ............. s.w,..••�. �7 Q� 5 1� _ST.__I _. ..— - - 9 5„ . IQ , i 1 9 i T 1 6 15 14 1 1 z 1 ?-- Z8 July 16, 1984 AS 39 Z��y��? 27 29 Approx 221040 $W 16 5t. 1 imp I 1E00 SW 22 Ave, p K.1 - 0.. ..� it fil UP =e—, -- ZB July 16. 19 AS 39 Approx St. 10�40 S), Ave, AP K-13 16 C 0 1� ;Awl 1D 5 2 \5 APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83- I, Felix Peru ,hereby apply to the City Commis- sion of the7.ity of Nliami for an amenament to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information: Z 2- 30 a• 4. �'X o �. cv iU — / 6 0 X. S.:-cJ . 1 z !/1. Address of property i_I- V , n S-. �•'�. i > 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to application) t/ 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to application). i 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 application.) V'5. At least two photographs that show the entire property (land and improvements). 6. Atlas sheet(s) on which property appearsg 7. Present Zoning Designation iZ I/. 8. Proposed Zoning Designation /7 �_ 9. Statement explaining why present zoning designation is inappropriate. (Attach to application), 10. Statement as to why proposed zoning designation is appropriate, (Attach to appli- cation) if. Other (Specify) k"" 12. Filing Fee of $ ,� ! 7/� �' according to following schedule: (a) To: RS-I, RS-I.I, RS-2, 0.04 per sq.ft. of net lot area, minimum RG-1, PD-H, PD-HC, 800.00 (b) To; RG-2, RG4.11 0.06 per sq.ft. of net lot area, minimum RG-2.3, RO_I, 850,00 RQ-2.1 (o) To. RG-.2, RC.O, 0.08 per sq.ft, of net lot area, minimum RQ;3 �400'00 9952 12 1 i 1 (d) To: CR-I, CR-2, 0.10 per sq.ft. of net lot area, minimum CR-31 0-11 CG- I, �500.00 CG-2, WF-I, WF-R, I-1, 1-2; SPI-It2,5,7, 8,9,11,12 (e) To: CBD-I, SPI-6 $0.12 per sq.ft. of net lot area, minimum $600.00 (f) For any change in a sector number only, for a particular district classifica- tion, the fee shall be the same as for a change in its district classification, as shown in (b) through (e) above. (g) Surcharge equal 'to applicable fee from W-(c) above, not to exceed $500.00; to be refunded if there is no appeal. (City Code- Section 62-61) Signature Name Felix J. Perez Address 2000 SSW 17 Terrace, Miami Phone 446-3400 (c/o Villalobos) STATE OF FLORIDA) SS: COUNTY OF DADE ) Felix J. Perez , being duly sworn, deposes cnd says that he is the.(Owner) Authorized Agent for Owner of the real property described in answer to question # I, above; that he has. read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. SWORN TO AND SUBSCRIBED _- Felix J. Perez, Pre sj.frlcnt before,-np this, day .• i Of / 0 "', 1 8 T / � 71 Noiary Public? -State of Florida at Large MY COMMI SIGN EXPIRES: t Form 25'83 4 t 4 �.. w+l .. .. -.r ..� ti ... •..i .. .,. .�J JI..VL v. A.v� r a. d:' da1' a r.."._31-.^T_� Felix J. POrCz who l:�i. �:.> Uri me firzt d l.' cft C :.~ , dc;nse . - - 4- ` " s 1. that he is tha a...nclr. or the legal npr ?,senta iti'In CA" the 7--ir , apvlicati n for a blic as rec'by No. L$ 71 of the Code of the Citi of t aar;i , Fyo, -da, eff zct:L-4; the real pn pee -; 'Located in the City of t�sa,�i as desc.1-b : and liste, on the pages attached to this affidavit and made a parr trerecf. 2. That all c'r:^.ers %..hich he represenems, if arrj, have Z4-.en th2_r full c::, cC'nZete Ge.:.:.SS_01 for hL^ to act in their be:"1Z for the or ,a cr . icat:c:: cf acation or as se:, cut i.-1 3. T _ ` _ ` t "" a e 1' ` limit �.i1e f_...'�5 a�. a:...ed �'lcTei.O ar... i�.rG.. a �..1. 0.:. ,.h_S 'i �^e e��-: n es a lin ec a CC:':tc.__ the C ::t .cT, , R'..i�.._..o ads Sr_'S, phc:� r 1e�=1 descr=p:;icr.s for the ra....�' pr cper .y wrath ne is the ,c:;:zer or le_=' rerresentatve. 4. Tre faC.S -as r e pr ese^,_-ed in the 2p;'ii^aticn ar.,. su ea Ln ccn J-:,_.cticz .. _th this of fid.:.:-it are trae and correct . (flame ) Felix Jr Perez,•President ce, th_s dzu of before me 19�. ,�l.i.c, State of Florida at Uumc r;-j _'icn .,xE..'—rJam. C'S' 77 'ai i ing r,d :r ess 2001.1 sir 17 Terrace Telex~cnc *%tber 4,16-3400 (c/o '!i i lalo'Dos, L y.l Cnscr:irF::^: Lots l through 5 inclusive, BIQck 1, Vedado (10-19) G%-rr,er' s I'lame. !;at 1 rng ,address Telephone Number =_al Description: Darner' s Nan,e . ,ailing ;,udress r I e h�� l a one i�umber Lecal C=_scription: Any other real estate propert. -i ned individually, jointly, or severally (by ccrroration, partnership privately) within 375' of the subject Site is listed as follows: Street address Lecal Description IA - Street Address Lecal Descripticn Street Address Leeai Cescriotion I vC t..Ti'. 1. Legal jescr pticn and strcet address of subject real property: ._ v~ 2. Nner(s) of sui,je�t teal proms -and- percentage of ownership. Vot4: City of Miami Ordinance No. 9419 requires disclosure of all parities having a financial interest, either direct or indirect., in the subject ;matter of a presentation, request or petition to the City Ccrnnission. Accotdincly, question a2 requires disclosure of all shareholders of corpoeaticns, beneficiaries of trusts, and/or any other interested patties, together with their addresses and prrscortionate interest. J .Jose Manuel Perez 33.33": 1776 SW 13 St., Miami Felix Geronimo Perez 33. 33) 2000 SW 17 Terrace, Miami _ 33.33� 1110 SW ld Ave., ,Jorge P e r e � � � �c• )�� �,:�- L� � 3. IPcal descripticn and street address of any real prcperty (a) owned by any party listed in an.-,;er to question #2, and (b) located within 375 feet of the subject real property. v14 I , 7 avNER OR A=KU Ei FOR C,�ivL Felix J. Perez, Presia.tnt ST-AT'E OF FLORIDA ) SS: CC(1M CF WXE ) Felix J. Perez , being duly sworn, deposes and says that ne is the (Cwner) (Attorney for Owner) of the real property described in answer to question Q1, above; that he.has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the crmAr. (name} C Felix J, Pere_ before day o�,� y1 �� gar.- P=4 c, Stare o l rida at Wrge f 7 COJiv11 V'C ►.c'Zf. ' .j. :: I'c_" r ` � salts that ne 1.s the nuiy a m�'inted „ N ! �,.. , .r� r � 1 f �I r! .1() C the owner of the real pccNrty deScrlbpc]`in answer to question 1r abate; that.,, he has read the foregoing answers; that the same are true and comma plet:e; and that he has the authority to execate this Disclosure of Dwnery ship form on behalf. of the owr4er•. - / 5 ( Name) �71XiL Felix J. Perez', President s xOnti TO AND $L'ESC I MID before me ,this day of rt�•; r.198`� 1 Notary ?abbe, State of Florida at La e MY CC -MISSION E'`TIRES : I c. �M/,.Pc/a-b/-u25 a 9952. V V V 2.Zb� 5`,`� I6 A, 7,e"02�p- LLJ Y I y :7F? �jG[?iii:_rt..<^..ii jr .'..i 'iiGai�J�;x �•. Cc-,-,iisionados a I.,-!dLid de Miami q u e iE, te n e1 P,: e c t 0 tie construcc ion de un Centro c:omercial en esta direccion: Este Centro comercial responde a una necesidad social y comunitaria. 1 The undersigned, neighbo*-`s cf S. W. 22 Avenue and 16 Terrace pray to the.zonning authorities, Mayor and City Commissioners of the City of Miami to aprove the project for the construction of a shopping center in this address. This shopping center answers a.community and social need. Name Address Signature I (. � �� (;1 ��t r. .� f� �el ' f(=/i /J /� t��i►/ �°,�i ' T LZ Iz-JAI A , W lq C. ,U khii,7 /9-N .ti :-? Z_7z LU D, I Ct 2- `! O% S4 i Do tc- iv tr-'r:�/--'. .. .. -^ R �.1 9952 t# J .. ? 'j n v a .1. :1 L � :a �. a t? „�_<�?i=��Vit i3 i�iJJ JC.• -;a .,.lu"'A :Y •.,}.11 t? i3 `J�•.i lv, 4>�:i: +-'1 1��v�c.�'S., 1. '..4> de cons tri_lcci,Dn de un centeo =. 1TIe C131 en esta direcclon. Este centro comerciai responde- a una necesidad social y comunitaria. The undersigned, neighbors of S. W. 22 :"venue and 16 'Terrace pray to the zonning authorities, Mayor and city Commissioners o,` the City of Miami to aprove the project for the construction of a shopping center in this address. This shopping center answers a community and social need. Name Address L Sicnature z;. c- YIIII C ir YJ /5. 2 Cfnco'YJ ? /,-D emu% ZLS S4U ;Y L. ,�, �' f / `z I ,S, ,�E-K •mil c r PO Nvc'L =,:2 n. S'W 175 G r _1 n A - 71 MW.M eze 9952 1 .1 C r J 3: S -A 1 Q: Cl i �,n 1. q 1-1 b e n e 1 P aU I e r 0 j 0, c t, 0 de const-ruccion de u n c en L z- 0 C: Cille --,: 1 3 i en e s IL- a diteccioni Este centro comercial responde a una necesidad social y comunit-aria. The undersigned, neighbors of S. W. 22 Avenue and 16 Terrace pray to the zonning authorities, Mayor and City Commissioners oj' the City of Miami to aprove the proj ect for the construction of a shopping center in this address. This shopping center answers a community and social need. Name Address r Si r,n t u re b 6 =-R To L J i L G ; 2 /r t�! f 1-7 9 L /4L c 'ry 0 i_k 2/ i IV/'. ) 4 10 9 -7 k6l M7 C7 45 ZT 7— Z-2 I P 11y) rn 13 rA-1 2— f2- L V F�vw— crog3mcs a a i C I-i a d c� "D c to de cons t ruc, cion tie un cenLrc,�aiercial en esta direccion. Este centro cornerCi31 -responde a una necosid"ad social Y ccmunA. , ta a. The undersigned, neighbors of S. W. 2'4 L\venue and 16 Terrace pray to the zonning authorities, Mayor and City Commissioners of the City of Miami to aprove the project for the construction of a shopping center in this address, This shopping center answers a community and social need. Name Address Siqnature P-3 7,2 r) ca e R'T 0 c A A) a IE 16 t e r ra C e i.0 :'3 r7l 1-1 -L e G C I Inc S f I.j construction d P, -un cent—ro C.omerclal en en I L-2 cc ion. Este centro comercial 'responde a una necesidad social Y cornunitaria. The undersioned, neighbors of S. W. 22 Avenue and 16 Terrace Dray to the tonning authorities, Mayor and city Commissioners k.If the City of Miami to aprove the project for the construction of a shopping center in this address. This shopping center answers a -cornmunity and social need. Name Address Signature to /f� +Iti � L-.\�I,�IJ` it .i `J,� :�(..� !ti�,� J � ��� •���..,.i.1 _ ..�_.�._.�) Z7 f I '7 4/ '/7 > A 7", Y, IT �7- 7 -7 t U '6 •. <' `_' `� c'. •1 } f—., i <.: I :- i3 c; j C.?,`. �.� ., .., . ?1 . 4; a', : (:1 �1 1'.j :� .i (' . ``'• a C: ,� `v�li .. ... .�. 3 '� .. ii .. ... l t ` - .) t'� ;:� L� x� .. .. .. '.. _, _ a .� 7'?. � 23 � , - . ! ,,� t� •fit de const ucc..ion (A q, tin cent corne cial en esta Kyt.cacn. Este centeo coinercial responde a una necesidad sc'c. 13l y comunitaria. R The undersigned . neighbors of. c. W. 22 Avenue and 15 Terrace pray to the zonning authoritieSi Mayor and City Cocn,nissioners cE the City of Miami to aprove the project for the construction of a shopping center in this address. This shopping center answers a community and social need. / - ' Address "` S i na ture VI !1.-71 � ('SJ:,`1 , � � J tia� ! fir. i! "lam `fir � ;J�.` '`, r i���•\ _,_} J — �/� �` -�- ` � ^ � 1 + • / ! l ..r'I � � �� cSC. �' � � 4� � � ` r , I v/ � 1 .. I 1 ( , rt��{ l }I` r • ^,rl\ �� r 1 '� t '` .rJ 1 /1 J' (^1 `11 �,'.., 1f}..�'�1� _ �� If n '1 ram/ j + '.. ' J �, �^ �f �' ^_ r ..� n �. (? (' 2 L.:: r . l_Ll�,% %: •' i .7. f 57 14, 1./ 9952"`� - i t_ 1 (.i t .3 >..'J CTi l .:� l �..'� � t i .i �.; :� _.' •_ � :3 t, i :l _� ..:1'.� . ,� ;`� 1 . , i' i Cj'',i •. � l �; ., l �� i.''_: (1 � 1. C' ,. � ,? � � ..) de constru cn -,l e -Li I, ,f-�,itr cc>>n€C-rc:ia1 sta d:irec i:0nf. Este Centro comercial responcle a Una necresidad social y comunitaria, The undersigned, neit-1 'In %,cars of S. -01. 22 Avenue and lE Terrace pra , to the zonning a�Athorl ities, Mayor and City Commissioners of the City of mi.ami to aprove the project for the construction of a shopping Center in this address. This shopping center answers a community ,and social need. Name Addra ss I e: r S iu na ture F'. N .et 'ter}IZ.- . /.. C';L y %sAil ,; .- f- - ILYS 20 �c� l� '� fir— `�. ;,, •�- �—��� w�x a to 12 1/ w 992 Qla a Ile- y ,I i :lit 3L' Jr C Cie construccion d -1 Uri cent-ro en esta C C G n Este centro rc ial r e s p, 0 n di e a u a n (-I C 0- 15 i dad, scci3l Y camunitaria. The undersigned, neighbor--s oLI S. W. 22 ',.venue and 16 Tie -.race prey to the zonning authorities, Mayor and City Commissioners of the City of Miami to aprove the project for the construction of a shopping center in, this address. This shopping centot answers a community and social need. Name Address Jnc, m rt-0- rci //I Co 5cQ ?o,,i-(je L V 1. 4. 14- f L 4-e 2 41M J? !L,7 47 r�i?�'t/, / J{�r�•��I�L~l '�� �/ / / ' �' t� 4L, ..7+. G ek-�m 4,t/ :2 1-5:3 �5 zel el 72nele r Tr ZZ -7' 7 L U A2 L) -7 Z-, 71 Q, /X) 4 p I a I A a C I-n S i.:) a C,- , � 4 de construction de un centro comerciai en est-a Este centro comercial responde a una necesidad social y comunitaria. The undersigned, neighbcrs of S. '4- 22 Avonue 3,nd 16 Terrace 1,.tay to the zonning authorities, Mayor and city Commissioners of the City ojl-'- Miami to ap.-ove the p.-o-ject fo,, the constructicin of a shopping center in this address. This shopping center answers a community and social need. N a nie Address 13 Zl Signature /L t i ... i w a �.. �. ._ .. 1 i- :? i?'. �. . i `. .i �.; r ;J t. y 1 :a de core rt ucciur kile un c e n -c7 come cial en esta di.reccio, Este centro ccmercial responde a una necesi.dad social y comunitaria. The undersioned, neighbo,.s of S. W. 22 %venue and 16 Terrace pray to the zonning authorities, Mayor and City Commissioners of the City of Miami to aprove the project for the construction of a shopping cents: in this address. This shopping center answers a community and social need. Name Address ff ( �C.r_, '-CI C..':-'Q _ P 76 F0,4 Signature r -z- .O �-. •— .7—e--• -, -- Cam/'-.�• �•�J/. 7` "Y :y J �V� 1 r i - .. .a " R. 14 ? e n L d J e cc) n s t ru c c i- on d e U r"i C e I I t:-- C Cci.,ie c i a I en e s " a i fin. Este cen"----o comercial responde a 1.1r.a nf�(,.O_Sidad social Y colnunitaria. idle 6 Ine undersigned, neightors of S. W. 22 ,'�ven,,Je and I Terrace nray to the zohning authorities, Mayo-- and city Commissioners cf the City of Miami to aprcve the project for the construction of a shopping center in this address. This shcoping center answers a community and social need. 9 2 }. jM OR - d 1 ! CL 1 ! d- n C�t?,nt'.�J `U<It.. �1u�. fl � t� (�12 Ctr1o11. !-entro cci'`tE3'rcial -_-esponde a u L (lt?l F'�i?t�r3d 5C.,rial cnmunl tar'l a . The undersignedp neichbors of S). W. 22 A,,,enue and 16 Terrace pray to the zonning autho-rities, Mayor and City Commissioners of the City of ;Miami to ap ove the project for the construe; ion of a shopping center in this address. This shopping center answers a,community and social need. Name Add -Tess Signature L� K.�cz �/7`./{ L. r ' a" � % it % % `L: ,• i 'v y i ,K \' r ti.:: CL.' rf / L.' l� �.'4 f' .it/1 _J, � .f` I . C..i+---�-,.,, - X" � \ v — ✓C ti: to ✓�iJ u !�p0 a G�O b O 4S, Z. 4 9952. co,rt1 ' ").; ;i' i:.> i:iL 33l.i 3 11 S ii.l+' �) Ul.. Pn ''.L i�L'Ujr'ULO de cons trucci'' n (Ae, un centro ccme -cial on -'Sta jirpccion. Este centre rer,[1•::)n(ie a d.na y comu,ni'C-aria. — The undersigned, nwigInDors of S. W. 22 Avenue: and 16 Terrace fray to the zonning authorities, Mayor and City Commi.ssicners of the City of Mi.atni to aprove the project f<�r the construction of a shopping center in this address. This shopping center answers a corn-nuni.ty an, social need. Name Address Sii�Qn/ature1 d4{ � .� �t/ �. � � / L(� f �..i'.,�✓ � 1---1/Lt"-,r-�. ..i C ,: s�eel ^IAA ��� •) /f�� - eY,? `� �� .off p �'l J/ / j . f/✓ --- .-�. y'—�,1 zi k" / i" l% tl�✓ �� i� f! '' N ;^i t ' J�� y!' i':' - pit r S � c �, J � C. � t ; ,'c / •,%v / �'l `.% c� � i . i1 v' • •-=- �---_., � � � - �4 ,- 4 � �.A V `� C/Q-•�7 r �b'��. f !x1�-\ � � � 1 .. %�J � � S l � Y� '''�/� ��--• i`G!/ ✓v,�i`�% L-i-i..1 - t f 52 FM Ls� V y 1 6 2 "'j C' C -I cl C d e Ttje-1�7j , 1 -1 i reccion o I I j t- -� -LI c- c i on �3 q un c e T-. I E! n e s t a u - Este centz:o ccnlercial 'responde a una necesidad social y ccmunitaria. The undersigned, neighbo.-S of S. W. 221 Avenue and 16 Terrace oray to the zonnina authorities, Mayor and city Commissioners (-f the City of Miami to aprove the project for the construction of a shopping center in this address. This shopping center answers a community and social need. Name Address Signature #1 0 C- A R le own -7 S 'I C: n il' D e n e - t? L a cull'3truccioIn City ontro c cine r c a I e n esta d i r ec cun Este centro coulercial *-Iosponde a una necesidad social Y c (,),-n U,-I i t ar i a . Ik —ihe undersigned, neighbors of S. W. 22 Avenue and 16 Terrace I -ray to the zonning authorities, Mayor and city Commissioners of the City of Miami to aprove the project for the construction of a shopping center in this address. This shopping center answers a.community and social need, Name Address Signature 'Z E-V IIX L -7 Al2 r 77- Z7 r)1Z 0) Le 17 r? or -IN L� A 7 t 0 de c o n s t r t I c c i. on de urn c e n t ro c orn e ia 1 en e -3 Ii -7ecc ion. Este centre comercial responde a una nec_,eSic-iad Y c omnun i t a r i a . The -1 Jt uri,.le--signed, neighbors of S. W. 22 Avenue and, 16 Terrace p-ay to the zonning authorities, Mayor and City Commissioners of the City of Miami to ap.-ove the prD4-,-t f'cJr the ccnsti- u c t i o n f a shc -;ppi ng center in this address. -his shipping center a t�i allic, social need. Name Address gs ianature t I)o `7 1 /7,2 'YU S 7- 4elO /. �,t Ct 2e 43 C-,,2 7 e j y• 1 W " "�'.'>�. L ' `� I_ '`� 1 •— c......1�' ;*-.J �t,., �, t✓—d.:..:.L.� �... jam.;. L �...,t �.�= mot. L� � i % �_ , �l r +i �-- � ' � � f� �r / �� ' / ,� ? � �:. rya•^ � �J �/ V / � L / :,,yE''`�! 53 3 7 , 9952 '' t.. . a d 9952 ;R, 3 Ctn,- Certrnd9 'Rosalind Harks - 2207 S,,W. 16th 'Terrace. Miami. Florida, Mr, Chairman o Haling been out of the country for about six weekso I was unaware of this requested zoning change until the end of July, From ray neighbors I learned that the original proposal was for the erection of a tu-o-storey building with boutiques on the ground floor and offices on the second. I ur.•d�rstsnd that r-prasentatives of the petitioner :isitedsc-ne of ray neighbors after the first board meting to say that consideration is also ring given to the installation of a supermarket. laundromat and/or bakery = the grotad floor,, as well as construction of an eight -foot .tall on all boundaries not opening on either loth Street or 22nd Avenuso Parking would b- on lots four and five facing S.We 16th Street as well as an parts of lots one and two facing 22nd Avenue, - �a•iing come with my par-nts to this he^.- about 1930, I have seen the area grow from a few hcm-s built in the rriddle, of a citrus grove to what it is today, homes from one end of the block to the others Th-ereforeo I would ask the board to consider the following in reviewing this petition: A zone change to Makes corm-�rci;k1 intrusion into the residential nature of a long-established and we11-mairt=tined neighborhood. 2. Would sieverely impact and disturb adjac-nt pro;+-rty values. 3; Increases the density of an already over-crm-ded and over -parked area, since 16th Street is not wide enough to support additional traffic and street parking. Parking is prohibited on 22nd Avenue. Patrons of Solis Marl-t on the north corner of 16th Street and 22nd Avenue regularly park on 16th Terrace when the carketa s lot is crowded; a 995 ..�'.. Gertrude Rosalind '.larks,, 2207 SeW, 16th :"erracs o Miami e Florida. 4. Lot depth of 100 feet not sufficiento intended or planned for comriercial used 5- Water pressure is insufficient to homes now and would become increasingly worse if any of the ab", ye -proposed businesses o lamLdromat for example g were constructede 6e What are the open. -air ordinances for Miami in a residential area? There are two garage apar-l=--nts facing on to the area which would be affect-ed by the erection of an eight foot .call, One belongs to mes Such a wall woul. rise to within two inches of the top of four-wrindows on the north side of my apartmento In addition to reducing light, there would be no circulation of air and the mall would reflect mat on to the — premises. 7. What are the noise control ordinaces, since air conditioners or other ventilating nechanis-s would be blowing on residences located behind the building. 8. Garbage disposal, If stored in metal contaihersp ::hers would containers be located? _ At what time :could garbage collections be made and where would trucks enter? 9. Rodent control for supermarket and bakery premises. 10. k11 night security lights would shine into yards of homes on both 16th Street and 16th Terrace. 11, A two-sygrey structure would be an eyesore and invade the privacy of the surrounding homes• _ 12. Rnvirorznantal changes would occur with the removal of the fruit and other trees ro•.r on lots four and five• since these trees and houses Would be removed and replaced by par)dng lots. 13. The term? "boutique and professional offices" afford absolutely no guarantee of the types and uses to which the facilities ultimately would be placed for examplao beverage stoms a 24-hour convenience stored as at 27th Avenue and 16th 5treeti use of noisy equipment in read' of shopsg air co^►presser, electric sawsp noxious odors, bar 4 th 1o,4i music in evening or early morning hourso 9T * V ..3.. Oertrude Rosalind Marks, 220; S.W. 16th Terraces Miami. ?loridas 1.49 To grant this Arian" would be Pmeedent setting for all of 16th Street and 22nd Avenue, from 8th Street to Tigertail Avenue, Variance mandates the results, 16th Street could become another 8th Street,, since other lots would soon fall; In this con.^ecticn, in the past week I have noticed three for sale signs in the 2300 block of 16th Street, his application is a repeating of previous years for the same pro: ert_ yor increase uses Which would be detrimental to the neighborhood. Others have been denied this use before by the planning board. 16; Designating this area as commercial would be the breakdown of the traditionalo long. -standing character of the neighborhood; 17. When a purchaser buys a home in this particular neighborhoodo he or she should be able to rely in good faith an the master plan as set forth by the City of Miami Pertaining to zoning and use of properties; This proposed spot zoning is at varia-ice with the mastar plan of the Ci£y of Miami as stated by Yr. Whipple in the July 17 meeting o at Which tine me he reconded that this variance not be appr oved. and I agree. 18. We are looking to the Zoning Board to support our neighborhood and to protect us :ff� cm the intrusion of a shopping center. 190' I have no objection to the construction of single• -family residences on these lots for which it was planned, but I am unalterably opposed to this flagrant attempt at spot zoning; Thank you; Yx. Chairnan, A July 16, 1 9,34 City of Miami Planning & Zoning Boards Administration Department Bc:., 330703 ami , c �.cr .�a 33133 RB. Shopping C:ent.� r at 221nN y:anue S 16t S__eet Gentlemen: My name is Mrs. Buchberger and I reside at 2250 S.W. 16 Street. I have lived at that address since 1955. I and my neighbors are very concerned about a Mr. Perez wanting to = t^ 1)210 ')240 ra 16 h h' — ouIld a s.00ping center tram to b.V. t Streit. T zs is a residential neighborhood and is zoned RI. We don't want it changed to a commercial area. The traffic on S.W. 16th Street to Douglas Road and also to 17th Avenue is extremely busy. We can't even get out of our driveways during rush hours. ,-e don't need all the extra traffic and noise and crime that a shopping center will bring. Also I might point out there is not enoucuh parKing for a shopping center and there is no room to park on the streets. We can still walk in our neighborhood without fear. A shopping center will also change the nature of the neighborhood. Right now it is zone R 1 — family homes from S.W. 9th Street to S.W. 21st Terrace. I would also like to point out that there are plenty of stores and shopping on 27r_h Avenue, Coral Way and S.W. Sth Street if one needs to go shopping. gain I stress the need to keep our neighborhood residential and not ruin it with a shopping center that will create chaos by heavy traffic of both cars and people. Thank you for taking the tiTe to listen.• Respectfully, Mrs. Anna Buchberger 2250 S.W. 16 Street Miami, Florida 33145 95 a e tcir.or ii ;it;y* of :.iami l:,nnILn:; :=:nc .�onin; ponr:::s Aci:ainistrcition LP^art::cnt ;ox 330703 - lorida 33133 Ph: :; _onnin,� Ccntcr at 22nd avenue 16ta ,trcct �ntle:.en. ,nc, I r esi-e ;at 4. - i cave 1=:F:G at that ac'.c.ress since 1c;5• - A few weeks after our last meetin.. a Friend of :r. rerez visited me. ::e salu. that ,'ir. Perez :rants to out ua_ an office built:{r.; :•;ith an -8 ft. wall around the property. SucZ a :;all :,oulcl block the air o4 the east side o' r;- ?souse cih(.ro my bedroo,-s are. _ -, h4 of:__;r.rors :rere role of plans to ru': u�� a la,.,ndro:',at; and a-jarker`r. ?4'e ',ave. a laundromat on %?nc, Avenue between 1L-tr and i7th Street and another and 10)t;_ 3treot, also on 22na Avenue ;s on 3.: • c7{__ r.l"'T3U� a n a 16L i :, rt_C t. _ ui lc:in-s -n 'oral '::wy. 'lonty of stores for sr:oprinL� oil •: tit•:! -1tr` c't i.,m on S•. • 2l't,"t A%., nut:• L arc: %:t t;ca* �i'�t� �'14 _:i �r t.'.'�I• 1. is :. .i �'r .li:LL LC:u.-r'.:S C Uad is rf •�: • ��th iivE • on 1�.}.t. �tcct. ..e c&nnot even ,�t Llt o*' �Gr r 're::jRvs dcn't need all the extra tr f� .'ic an:; nc { se ane cr_:-,e that a shonpin;T, center 'his nei';!aboraljou will drop in Val'.?C+• 'Lvtry oiie will nut up ais douse 'or sala, because living; here wall 'co aectic. ?'lease do not chaIl,--c t:1e Zor:in_- to co..:-ercial i=�lcave it !`or one fa:•ii?y homes only, - ?esrlecti ,;ily, ,rs. Anna B%i.i hbcr;er -- 9952 3 ' Mr. Maxwell: So you are saying you will allow then 50 ft4 above the expressway? Mr. Manes: Right... Mr. Armesto-Garcia: Right. Mr. Manes: Up to a maximum of 65 ft. above ground, grade, crest, call it what you will. Mr. Luaces: No, there's a difference between ground and grade. Mr. Manes: Ground and grade. Well you're the construction expert there. Mr. Luaces: Specifically there's a difference. The difference may be about 7 ft. because grade is grade and the crown of the road is something else. Mr. Manes: Okay, 65 ft. maximum commencing at the crown of the adjacent local or arterial street. Mr. Benjamin: That's it. Mr. Armesto-Garcia: Well, that's it. Mr. Manes: How's that? Mr. Rodriguez: If that's what he wants. Mr. Manes: This is wording coming out of our fact sheet here. Let's see, establish the height of signs commencing at the crown of the adjacent local or arterial street. So that's where the 65 £t. cap would start. Mr. Armesto-Garcia: Okay. Mr. Manes: But it would go up to 50 ft. higher than the crown of the main -traveled way... Mr. Benjamin: Right. Mr. Manes: ...which would be interpreted as the road, the main street, that the sign is facing. Mr. Benjamin: Don't interpret it, Mr. Chairman. Mr. Armesto-Garcia: Yes, that's it. Mr. Manes: Any further discussion? Are we clear on the motion, Mr. Rodriguez? Mr. Armesto-Garcia: Yes. Mr. Rodriguez: Fifty feet from the crown... -I have it somewhere. (Everybody laughed) Mr. Manes: It's all being recorded. We've got it. Please call the roll. 29 July 18, 1984, Item 5 Planning Advisory Board � 95 / (Secretary called the roll) AYES. Messrs. Manes, Diego, Armesto-Garcia, Correa, Benjamin and Luaces NAPES: Ms. Kolski ABSENT: None. 11 Mr, Rodriguez: The "motion carries 6 to 1. RESOLUTION PAB 78-84 RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE TEXT OF ZONING ORDINANCE 9500, AS AMENDED, BY AMENDING ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2026 SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS BY PROVIDING FOR BILLBOARD HEIGHT TO BE 50 FT. FROM THE CROWN OF THE MAIN -TRAVELED ROAD, IN RELATION TO EXPRESSWAYS, WITH A MAXIMUM OF 65 FT. FROM THE CROWN OF THE NEAREST ADJACENT LOCAL OR ARTERIAL STREET AND CLARIFYING THAT EACH SIGN SURFACE SHALL NOT EXCEED 750 SQ. FT. AND PAGE 5 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS MADE A PART OF SAID ORDINANCE 9500, AS AMENDED, BY REFERENCE AND DESCRIPTION IN SECTION 320 PERTAINING TO CG GENERAL COMMERCIAL ZONING DISTRICT, LIMITATIONS ON SIGNS. Mr. Manes: Mr. Armesto-Garcia? Does that conclude your motions, Mr. Armesto-Garcia: Yes, sir. Mr. Manes: Does that -answer all, the questions that the City Commission has askeO this Board to review, the viewing, the surface, the billboard height, billboard spacing formula, angle of billboards? I believe we've covered all the items. Mr. Whipple: You have some more, Mr. Knox? Mr. Knox: Oh no, sir, no. Mr. Manes: No. Okay, I believe we've finished it. Closing comment, Mr. Knox? Mr. Knox: I'd just like to thank the Board again and there is an understanding, I think, that the matter has already been placed on the agenda for the City Commission's next meeting. That is my information. Mr. Maxwell: Mr. Knox: members of the Board. Mr, Manes: That is correct. That's correct. Thank you so much, Mr. Chairman, Thank you, Mr. Knox. 30 July 10, 1984? Item 5 Planning Advisory Board 9952 TRANSCRIPT CITY COMMISSION MEETING OF APRIL 26, 1984 PAGES 155-158 5 Mayor Ferre: Any objections to that, provided that it does not exceed three days consecutive? Mr. Plummer: That's in the first, 2003.9.1 - wait a minute, with this other wording their problem, Mr. Mayor, is three days. Okay? 1 said to them under a normal circumstances of three days or as approved by the Commission, leaving the — latitude of this Commission to make a decision. Mr. Carollo: Mr. Mayor, what I'm more concerned with is not the private carnival operators that are going to be making the profits, I'm concerned with the churches, synagogues in the City that are the ones that in my opinion really have some legitimate concerns. And what I would like to do is to have the opportunity to meet with some of the representa- tives from some of the churches, synagogues, get their opinions and come back with something concrete. Mayor Ferre: There is a motion by Commissioner Carollo that _ this item be deferred to the next Zoning Meeting - contin- ued, so that he will have the opportunity to meet with some of the affected parties. Is there a second? ;� Mr. Perez: Second. Mayor Ferre: Is there further discussion? All right, call the roll on the continuance. The preceding motion to continue was introduced by Commissioner- Carollo, seconded by Commissioner Perez and passed and adopted unanimously. 6T. BRIEF DISCUSSION AND RETURN TO PLANNING ADVISORY BOARD FOR REVIEW A PROPOSED ORDINANCE TEXT CHANGE TO 9500 ENTITLED: SEC. 2026 ENTITLED: SIGHS, SPECIFIC LIMITA- TIONS AND REQUIREMENTS. Mayor Ferre: Take up 30. This is on First Reading. All right, sir. Mr. Stuart Simon: I'm not going to talk more than a minute and I think I can make a suggestion that will be very appealing to you and the Commissioners. I'm going to recom- mend that you send this back to the Planning Advisory Board for further consideration. Mayor Ferre: Based on what, Mr. Simon? Mr. Simon: There was a 3 - 3 vote, and I think we should get a recommendation if we possibly -an from the Planning Advisory Board. The issue before you is a very simple one. We had recommended that there be a height '_imitation on signs of 30 feet above the grade of the road. The Planning Department's recommendation was that it be 30 feet above the ground. There is very little difference between these two proposals. Mayor Ferre: Wait a minute, I don't understand this. One is 30 feet above ground, the other one is 30 feet from the crown of the road? Mr, Simon: Yes, no, above the grade of the road. One is 30 feet above the grade of the road and the other is.... Mayor Ferre: Does that include expressways are 40 feet up in the ai.r7 Okay, now I see ence is. Did you say there was very little ' 155 RT when expressways what the differ - difference? 19 &4 y Mr. Simon: Well, let me say this, in most cases there are very little differences. Of course, there are some cases Where there is a very extensive difference. �Mayor Ferre: I'll tell you what I'd be willing to vote on, I'd be willing to vote on it from the crown of the road for all ground level roads and all those that are elevated roads would go back to the Planning Board. Mr. Simon: Well, we think one of the things that you should consider is this: The old ordinance that you had had the criterion that we favor, 30 feet above the grade of the road and that was the rule in the City of Miami for many years. You are suddenly going to make.... Mayor Ferre: You're recommending that we send it back to the Planning... Mr. Simon: Yes, Mr. Carollo: Mr. Mayor, what he is asking is reasonable. Mayor Ferre: I agree. There is a motion by Commissioner Carollo that this item be referred to the Planning ... Yes, staff will have an opportunity. Do you want to have the opportunity now or before the Planning Commission? INAUDIBLE RESPONSE Mayor Ferre: Go right ahead, sir. Mr. Richard Whipple: Mr. Mayor, the reason for bringing this to the Commission and pursuing it is that the new Zoning Ordinance is silent or very unclear as to the height limit of signs. We believe it is important that a limit be established as there is no clear one established in the ordinance today. We, in fact, are utilizing a recommended height that was recommended to this Commission approximately a year ago in conjunction with some litigation and this is the same height, as Mr. Simon has pointed out, as was in the old Zoning Ordinance as to 30 feet. Specifically, the wording of the old Zoning Ordinance which we've never had any problem with for 19 years, and Mr. Simon point out, simply reads: in commercial and industrial districts the shall not exceed a height of 30 feet above the grade of the street at which the sign is oriented. This grade refers to ground level or surface grade. This has never been questioned before and we don't see any problem with it today. Mayor Ferre: Further discussion? All right, thank you, sir. Call the roll. The preceding motion to continue was introduced by Commissioner Carollo, seconded by Commissioner- Dawkins and passed and adopted unanimously. Mayor Ferre: Did you want to say something? Mr. Simon: Yes, I wanted to say this: When you send it back, we have made two- other suggestions in the letter that I sent to you that the Planning Advisory Board make recom- mendations on. One is the ridiculous requirement that signs face away from the road; Mayor Ferre: Well, what is a sign for if it is going to be facing away from the road? 1964 5 Mr. Simon: I can't imagine what value the sign would have, it is a requirement. Mayor Ferre: Does the maker of the motion have any objec- tions to incorporate that? All right, what is your second thing? Mr. Simon: And the second thing that we would like is that we would like to recommend to the City Commission 1000 feet spacing requirement between signs. Otherwise you're going to get a tremendous proliferation of signs in the City of Miami and it is going to affect the aesthetics of the City. Mayor Ferre: Do you have any objections to that, Mr, Whipple? Mr. Carollo: Do you think 1000 is enough, Whipple, or do you think we should have more? Mr. Whipple: I'm not prepared to comment as to the reason- ableness of the proposed regulation, my concern is that there is some direction with respect to legislation before the Planning Advisory Board of which (1) we're not familiar with or haven't proposed or have any legislation being expounded nor does the Planning Advisory Board so I'm not too sure what the Commission's direction is on this. Mayor Ferrer Let me tell you what the Commission's direc- tion is. It was a 3 - 3 vote and the Commission is, there- fore, sending it back so that they further deliberate on the issue, (1) of height, (2) of the directions of signs and (3) the spacing of signs. And, we're not sending it back, Mr. Simon, with all due respects to you, with any recommenda- tions because then why are we sending it to them? We are sending it to for them to deliberate on those issues before it comes to us. Mr. Whipple: yes, but there is only one issue before this Commission, that is the height of signs and the new issues would have to go through a new process. Mayor Ferre: Well, then that is something that we'll have to deal with but I think the instructions from this Commis- sion is that if possible - and that means if it is legal - that you also consider the direction of the signs and the spacing of the signs. Mr. Dawkins: Is it a fact that we do have some law or ordinance that says the sign has to be 90, 60 or 80 degrees turned from the road? Mr. Whipple: Yes, sir. Mr. Dawkins: Well, if I am putting up a sign and it is at an angle, I'm going to run off the road trying to see it. Mr. Whipple: No, sir, you would have to have a full expla- nation as to the reason for that angular relationship. It specifically has to do with billboards along expressways, so you end up with a basic decision (1) do you want to have billboards along the expressways or not. If you do not, you still need to allow billboards that might be adjacent to expressways on adjacent streets but that are not oriented or cannot be viewed from the expressway and that is one of the reasons for the angles involved and the way the ordinance has been Written which. has been in effect likewise for 19 years without any difficulty, Mr. Dawkins: But Mr. Whipple, why would 1, a sign person, rent space to put a sign near a highway if people from the highway can't see it. .1 7 ,APR 2 6 1984 s !d Mr. Whipple: No, sir, you're misunderstanding the question. They don't rent signs that cannot be viewed by the passing motorists so they don't build them that way. Mayor Ferre: Commissioner Dawkins, there is a motion, there is a second, it is clear, we've voted on it haven't we? Mr, Ongie: yes, sir. Mayor Ferre: And it has been amended to include those three items and we're not voting on it today and I want to tell you I'm not saying how I'm going to vote, I reserve that for when it comes back. Mr. Simon: And we will not present something cold to the Planning Advisory Board. Mayor Ferre: Thank you, sir. NOTE FOR THE RECORD: AGENDA ITEM 31 WAS CONTINUED TO THE MAY 10, 1984 MEETING. 68. FORMALIZING RESOLUTION: AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ATHALIE RANGE FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-493 A RESOLUTION AUTHORIZING THE CITY MANAG- ER TO EXECUTE AN AGREEMENT, IN SUBSTAN- TIALLY THE ATTACHED FORM, WITH ATHALIL M. RANGE FOR PROFESSIONAL LEGISLATIVL CONSULTANT SERVICES CONCERNING LEGISLA- TION WHICH IMPACTS ON THE CITY OF MIAMI AND ITS CITIZENS; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $15,000 FOR SUCH SERVICES AND AN AMOUNT NOT TO EXCEED $6,000 FOR REIMBURSABLE EXPENSES FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolu- tion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. 5 APR 26 1984 HT ',.. c O' li„,�7 a� I TRANSCRIPT PLANNING ADVISORY BOARD MEETING OF APRIL 4, 1984 ITEM 13 s •. .. ... ,. ''� i RC,,t'dSCR. t 7 Pl anni rig Advisory Board Mr. Manes: Members of the Board, public, we have a special request this evening. There's a gentleman in the audience at this time, gentleman or lady in the audience that has a plane to catch on item #13. Could that person please raise their hand? Is that you, sir? Okay, if there's no objection from either the Board or the public, we're gonna take item 13 out of order and then return to our original agenda. (Pause) There being no discussion we'll now go into agenda 13. - We'•re gonna need to read this into the record, we'll be ready for you` in just a moment, sir. Mr. Rodriguez. Consideration of amending the text of Ordinance 9500, the Zoning Ordinance of the City of Miami, Florida, by amending Section 2026 entitled "Signs, Specific Limitations and Requirements", Article 20 entitled '"General and Supplementary Regulations" clarifying billboard height; further, amending sheet 5 of the Official Schedule of District Regulations made a part of said Ordinance 9500 by reference and description in _ Section 320 thereof, by providing for height limitations on ground or free standing signs, onsite and offsite, and incorporating the above textural changes; and containing a repealer provision and a severability clause. Secretary filed proof of publication of Legal Notice of Hearing. Mr. Manes: will be presenting this? Mr. Rodriguez: .. Mr. Manes: Mr. Whipple. Welcome! 'Thank you, Mr. Rodriguez. Who Mr. Whipple. Whenever you're ready, Mr. Whipple: Good evening. For the record, Richard Whipple, Chief of Land Development Division in the City of Miami Planning Department. This is an amendment that is a, in part a result of an oversight with the transition of Ordinance 6871 into Ordinance 9500. Ordinance 9500, pretty thorough in its sign controls, did have specific regulation as to sign heights. In the translation to 9500, we have found out that there are no specific height limits included in the new Zoning Ordinance. Now as the Board may be aware, there were certain amendments that were up for consideration before the...this Board and the City Commission, particularly in relation to Ackerly Outdoor Advertising problems and at that time, we had put in a provision along with their concerns to limit the sign heights as they were under Ordinance 6871 to 30 ft. However, that... although that has passed First Reading, it has been sitting dormant for quite some time and pursuant to recent activity with respect to outdoor advertising, we feel it is necessary that the ordinance be clarified as to what are the permitted sign heights and that the remainder of the sign activity that was previously addressed will come along in the future so we are very specifically and straight forwardly saying that there are height limitations needed for offsite signs and that is the proposal before you this evening and we would like to recommend your... that you recommend this amendment to the City Commission. Mr. Manes: Thank you, Mr. Whipple. Are there any questions for Mr. Whipple at this time? If there are no questions at this time we'll open the public hearing. This is a public hearing item, is there anybody in the audience wishing to speak either for or against this item? You wish to speak, sir? Okay, we'll get to you in just one second. We're gonna need first to have you sworn in, anybody wishing to speak that is not an attorney be sworn in. Sir, are you an attorney? You're not an attorney, Okay, if you wish to spear, you'll need to stand and be sworn in. You too, sir. l April 4, 1984, Item 13 Planning Advisory Board 4? t� (fir. Pere z—Luaones administered oath to all persons wishing to speak on this item.) Mr. Manes: Okay, just one second. Are you in favor of this, sir, or do you just have a question? Man in audience: No, I would like to just to introduce myself. (pause while somebody off the record told him this was not item 3 as he thought but instead 13). I will ... I wil`1... Mr. Manes: Address? Man in audience: ...introduce later. Mr. Manes: Okay, thank you very much. Okay, we always have the proponents speak first there. Mr. Hancock, did you wish to speak on this? Mr. Hancock: Yes. My name is Andy Hancock with E. A. Rancock Advertising. I live at 3856'Douglas Road. The reason I brought this up tonight and unfortunately I didn't hear about it soon enough or I would have made sure you got some further information on this item. I represent the outdoor advertising business for myself but not all the other companies because I don't believe they knew this was coming up tonight. I think what you should consider is the 30 ft. height limitation which is standard in the industry is all right but what you should look at further and the only little addition that needs to be made because probably of...somebody just didn't think about it at the time, was that it should be 30 ft. above the grade of the road which the sign is showing and the reason for that is a lot of times the grade of the road is a lot higher than actually where the sign is built and it reaches a point where you can't even see it or it might be to the point where it's half what you see. Aesthetically, anyway if that's the major argument that it would be obviously much better for them to be a level height and not scattered different heights all along. That's basically the only change I would like to make than what I think the staff has presented. Mr. Manes: Okay, thank you. We may have some questions for you, Mr. Hancock? Are there any questions at this time for Mr. Hancock? Okay, is there anybody else wishing to speak on this item? There being none, we'll close the public hearing and go into discussion among the Board members. Mr. Whipple, would you address...did you get a copy of Mr. Hancock's memo? Mr. Whipple: Yes, I did. Mr. Manes: And has one copy been entered into evidence on this? Thank you. Mr. Whipple: I believe we understand Mr. Hancock's request but we have two problems with that consideration. We have no problem making sure that we're talking about 30 ft. above grade of the land but in essence, the suggestion is that it be above, let's say the grade of an expressway, an elevated expressway. The problem with that is number one, we have a regulation that does not allow billboards to face the expressway within a certain distance 600 or 660 ft. so there would really be no need in the -City of Miami by which to use the expressway grade plus an additional 30 ft. because the signs are not allowed to begin with. Notwithstanding that, it's been the policy of the City and what have you, in the past, as Mr. Hancock, Jr. and Sr. and I have discussed that we have not allowed and do not allow signs to be faced toward the expressway. So, therefore, the wording would not be acceptable to us because it infers that we're going to allow expressway signs and they should be viewed and allowed to go to a height of 30 ft. above an expressway by this change in wording. 2 April 41 1984, Item 13 Planning Advisory SQard 9952 DSO Mr. ,•Santis: Okay, if I und(!rstood you correctly, any sign that we see as we go through the City of Miami, if there's billboard that's closer than 660 ft. or 600 ft., that's been grandfathered in since? Mr. Whipple: Yes, sir. At the present time, notwithstanding the litigation, they are nonconforming and they are subject to the finalization of that litigation and yes, legal no.tconforming is the proper term. Mr. Hancock: suggestion that... Mr. Chairman, if I might make a Mr. Manes: Okay, let me just,..is there no objection from the Board, we have closed the public hearing? Mr. Armesto-Garcia: I have no objections, let's hear it. Mr. Manes: Okay, proceed. Mr. Hancock: If Mr. Whipple's only concern is the expressway and signs are effectively banned from the expressway then he should have no objection to making it a uniform height above the grade of road. Mr. Manes: Any comment, Mr. Whipple, there? Mr. Whipple: Wrong. We do have an objection. The standard, notwithstanding Mr. Hancock's comment, 30 ft. has been quite acceptable for...since 1965 when the City of Miami and as we do keep pretty well up-to-date, this standard is still acceptable as far as we know and we believe ... and we believe that a 30 ft. height on a billboard is more than enough height for proper viewing unless you really want to do something extraordinary and we don't believe that Miami, Florida and South Florida is the place to do something like that. Mr. Manes: Mr... Mr. Luaces: I have a question for Mr. Whipple. Mr. Manes: Okay, Mr. Luaces. Mr. Luaces: What is the ... what is the Dade county height limitation on billboards? Mr. Whipple: Mr. Hancock may have to correct me on this but I believe it's either 30 or 35 ft. There are other municipalities that have allowed higher signs pursuant to a change in Dade County legislation. The Dade County legislation mr is basically the same as ours, they do not allow signs within 600 ft. or odd feet of the expressway and to the best of my know- ledge, all ground signs are limited to either 30 or 35 (ft.) and I'm not sure as to the exact number. Mr. Luaces: Thirty above grade or thirty.,. Mr. Whipple: Thirty above ground, sir. Mr. Luaces: Above ground not grade. Mr. Whipple: That's -right. Mr. Hancock: If I might add a little, you know... Mr. Manes: Okay. 3 April 4, 1904, Item 13 Planning Advisory Board Mr. Hancock: . , . I' m pretty .Tamil iar with mcst of the sign ordinances in the 28 municipalities in Dade County plus Dade County. There are quite a few municipalities that agree that the height is supposed to be above grade and really the point is not whether it should or shouldn't be but what looks the best and my point is to you that if you have a road that's 4 or 5 ft. high above the grade of the sign where you build the sion down lower and then on down the road about another half a mite or another 500 ft., the road comes up like this and you have an effect that is not aesthetic, if what you're looking for is to strive for aesthetics, that certainly isn't the way to achieve it. Mr. Manes: I'm curious, where do you see the roads going up and down? Mr. Hancock: In a lot of cases you have ... even on South Dixie Highway, it will be 4 ft. higher than the ground right next to it and what Mr. Whipple is referring to is where you actually build the sign which will be ground level, might be a different level from where the road is that the signs is going to show to. It's just a logical solution to a problem that hasn't really been dealt with and I think should be. Mr. Manes: stating your views here? Mr. Whipple: Mr. Manes: Mr. Whipple, is he accurately Not our views, no, sir. Okay. Mr. Whipple: We understand the difference of grade, if there's a question -on grade and if it is not an approved site which might be subject to flood criteria filling then they would use the crown of the road at grade, they would not use the expressway grade naturally, but the term -grade at ground level, you know, that's variable and let's, you know, if we want to talk aesthetics for minute, the viewing of a sign at a 30 ft. height and if you can imagine doubling that height to 60 ft. on South Dixie Highway, the 3 or 4 ft. grade is immaterial with the 30 ft. and the 60 ft. is immaterial as to viewing because signs on South Dixie Highway at a 60 ft. height are just completely out of place because of the angle and the height. There is just no real value to putting a sign at a... in a normal situation to that height. Mr. Manes: Did you have a comment, Mr. Luaces? Mr. Luaces: Yes, it is to no value of the 2, 3 ft. difference. I don't see why we shouldn't then do as he recommends to be above grade. Mr. Whipple: But the wording as proposed would allow that consideration in relation to elevated expressways... Mr. Luaces: No, I... Mr. Whipple: ...the way it's worded now. If... Mr. Luaces: Legally he can not put a sign and use the grade of the expressway because -it's not allowed in the City of Miami right now so this will not effect the expressways at all. Mr. Whipple; Well, I would like to suggest that...that is perhaps a good thought but with respect to what is trying to be done in the City of Miami and elsewhere in Dade County, that is in fact not the case. If the 3 and 4 ft. would be a problem which I don't consider it a problem whatsoever and 4 April 4, 1984, Item 13 Planning Advisory Board 52 if ;'c u'll just .iG•3i.;n imagine _? 30 it. sign in a little deviati,')n in grade. They're, not worried about that grade. They're - worrying about the viewing path. They have to have a clear path that it can be reviewed and the fact that it may differentiate between the actual road on grade, 3 or 4 ft. doesn't make that much of a difference. The basic response is that that's needed for an approach and proper viewing. =- Mr. Manes: Mr. Armesto-Garcia. Mr. Armesto-Garcia: Yes, what I don't..I don't see any conflict here in what Mr. Hancock's saying...if he has no right to put a sign facing the expressway now and this is what he wants, "the maximum height above the ground for a commercial advertising sign shall not exceed 30 ft. from the grade of the road to which the sign faces." I don't see anything wrong why -_ the Department can not get along with this. I mean this is the most common sense and common language instead of going through to many languages and since this is clear... _ Mr. Manes: Well, not speaking for the Department, I... Mr. Armesto-Garcia: This is clear to me that...in Dade County the maximum height is 35 ft. in Dade County, in Dade County's unincorporated, 35 ft. Here we are not exceeding 30 ft. is okay from the grade of the road. I will move for that. Mr. Manes: Okay, well, we're not quite in a motion stage yet, but... Mr. Luaces: We're not ready for that but that's...I'll second. Mr. Manes: What I wanted to say was, not speaking for the Department, I think that there's other things to be taken into consideration besides expressways, there's ramps _ and overpasses and things like that that is what the Department's concern —Mr. Rodriguez, did you have a comment? Mr. Rodriguez: The only comment I would like to add is that is conceivable that you could be beyond the distance from the expressway, you know, more than the 600 and not facing the expressway but taking advantage of the height differential of the road of the expressway. I guess you might be able to raise the billboard much more than the 5 ft. What I think we're doing is by doing what they're proposing, we're really opening it up and we don't know exactly the implications of what they are saying. ours is a very clear standard, you apply, if it is only 4 or 5 ft., well if it's not a big deal in one area, it's not a big deal the other side, you know. Four or five feet won't kill them, right? if it doesn't... Mr. Manes: Is there or do either you or Mr. Whipple see any compromised language that would allow for, you know, something where the road is possibly built up for, you know, 5 ft. or so? I remember that it was just last fall that we increased the sign height limit from 20 ft. to 30 ft. and that was after...isn't that correct, Mr. Whipple, there? Mr. Whipple: Well, that had to do with the residential districts and the ground signs with respect to the residential district. We had proposed, yes, many months ago that the maximum height be 30 ft. which was the same as it was under 6871 which has been no problem since 1965. Mr. Manes: But, you know, do you see that there is enough of an instance or enough instances where the road varies from the, you know, from the grade where it's not an expressway situation to change the language? 5 April 4, 1984, Item 13 Planning Advisory Board 3F''"�fM _ 1 a i .. _ sir. ihi�.11�. No, sir, if we were to look, at t}.e ma,reIt �r arteriais in the City f Miami, I could see this might happen down in South Dade, Homestead, our on Tamiami Trail, out in the County areas there might be a 3 or 4 ft. differential but I don't see any problem in the City of Miami whatsoever. I do see a problem though with the language as proposed or as being proposed by Mr. Hancock. Mr. Manes: Thank you, Mr. Whipple. Any more comments or questions from the Board? Mr. Luaces: Yes, I have a question. If we increase the height limitation to 35 ft. and leave it as it is from the ground level, will that be ... will that give you enough leverage to work it out? Mr. Hancock: I don't think ... I think there's a lot of cases in Miami even though we're pretty level around here that the idea would be not to say it's 1 ft. or 2 ft. or 5 ft. or whatever, it's to say that it's uniform and if you want to get something that's uniform that's simple, this is' -the way to go and you might run into a case where it might be 6 ft. or 7 ft. or it might be 3 ft. but that's really not the point. What the point is you're making it a uniform ordinance that you all know it's going to be 30 ft. above the grade and so there's no misunder- standing, there's no question, that it's better for my business because you can see the sign better if it's visible from a car driving along the road. If you can't see it, it has absolutely no value for me and you cut out a lot of property owners that might derive income from leases -.that we would pay because we can't show the sign from the road and it's just something that would be uniform. I'm not saying that...I'm not an angel. I'm sitting up here telling you I would make more money, I would be able to sell more signs if ybu could see "them from the road, in a lot of cases you can't and this would solve that problem. Mr. Manes: Ms. Kolski. Ms. Kolski: Mr. Chairman. Mr. Whipple, when did you first get knowledge of Mr. Hancock's proposed wording? Mr. Whipple: A few moments ago. Ms. Kolski: Okay, I understand what you're saying, Mr. Hancock, but I'm afraid to adopt this wording without a study of the impact of this wording. I would like to know some of the implications that would be involved. Mr. Hancock: I want you to know I agree totally. I think we should study it and I think there's a lot of other areas that should be studied but this just came to my attention recently. Ms. Kolski: What I'm saying ... What I'm saying is if the Department takes your wording and somehow tries to wor:.. with it so that we can achieve some of what you want and yet protect the things that we are trying to protect... Mr. Hancock: Certainly. Ms. Kolski: ...then maybe we can come up with a compromised wording. I don't know how anybody else feels about it but I'd be for deferring this is or continuing or whatever you have to do. Mr. Luaces: I agree with you, Pat. I believe we should do that. Mr. Manes: Okay, well we are in discussion. Mr. Whipple, you have a comment there? Mr, Whipple: Did you want a response, Ms. Kolski? 6 April 4, 1984, Item 13 Planning Advicory 13o�trd 4y 54 2 ;113, Kolski. Sure, go ahead Whipple. Mr. Whipple: I think Mr. Hancock`s response to the last question regarding 35 ft, really quite clearly spells out their desire. Their desir-� is not to have to do with a variation in grade, their desire is to have a siqn 60 ft. in height. I think this is really just a subterfuge. If you want to defer, fine, but our analysis isn't going to be any different thin what I put before you this evening and that we feel it's a puve attempt by which to relate advertising signs to expressways+ We believe this is wrong. The law does not permit it now. We would not recommend permitting it in the future so we see no need to really give them the leverage by which to say, "Well, hey, you know, we changed this wording and now were talking above ... 30 ft. above the expressway." Mr. Hanes: Mr...I have something I just thought of, sitting here smiling. If we were to, you know, put some sort of limitation on the distance from the road which the sign face would be applicable...let's say that if you, you know, from the grade of the road to which the sign faces, it appears that the Department's apprehension is that they're going to face it towards the expressway at 661 ft. and put it at any height but if the sign and the road facing each other must be, let's say within 650 ft. or something. Mr. Whipple: You're dealing in areas which we believe are, may come up and be addressed in the future either pursuant to the City Commission's first reading offering that really shouldn't completely enter in and govern this control tonight. The control tonight is a very basic control one only of height. This height has been in effect since 1965 until 9500 was adopted. We would see no problem other than...in fact, one of the problems we have is that there is a iquestion right now as to what height the signs are permitted and we feel it's necessary that the legislation continue on and that these other problems be addressed in the proper form and through the proper studies. We just have a serious problem with the delay and we see a real need due to that lack of 9500 to get legislation moving. Mr. Manes: Mr. Mackey. Mr. Mackey: Bill Mackey, Public ',forks Department. I'm the Highway Engineer for the City of Miami and I was just trying to go through in my mind what streets may be higher, say 5 ft. higher than the abutting property. I can';. think of any but I'm sure that there may be a few isolated incidences but I don't think that that's a major problem. Mr. Manes: Thank you, Mr. Mackey. I couldn't visualize any more than one corner that that was much higher, myself, there. Board members, what is your pleasure there? Mr. Luaces: I feel that... Mr. Manes: You can sit down, Mr. Hancock. Mr. Luaces: ...I go along with Pat and with both in mind, I'm not thinking that the private sector or the businessman is using subterfuge. He's trying to make a living and I feel that we should go and try to find out the solution for it. He's open to do it and he's not saying that we're out to kill him. He's saying let's find a solution and a compromise and I think we could work that out or we should continue the item. Mr. manes: Any other comments? I would like to say also... Mr. Rodriguez: M... Mr. Manes: ...Did you want to speak? 7 April 41 1984, Item 13 Planning Advisory Board ' 9 , t Rod riau!ey: Yeah, I'm a little bit concerned that, you Know, here we're trying to correct a ,mistake of something that was...that's not clear in the ordinance and delaying it more, there may be some applicants trying to get some permits at this point that the purpose of the language at this point will be to clarify exactly the intent of the ordinance from %1 the beginning and the way it was originally drafted. By delaying... not approving the proposal as we are proposing, we are leaving a situation that should be cleared up immediately, unclear. We're ali for clarifying the future. I think we can do that between the time we do now and we go to the Commission for first reading if you give us some instructions in looking to different possibilities but I ... if you make a deciaion tonight of trying to approve this limitation, I think it's important that we get it through. Mr. Manes: Thank you. Mr. Maxwell. Mr. Maxwell: Mr. Chairman, members of the Board, it's not normally the Law Department's position to, or place to inform you of what ramifications of your actions might be. I have in this particular situation, I must inform you that there exists a serious loophole in 9500 to which this particular amendment is addressed and to delay it any further subjects the City to ... well, because there is litigation, I will say it could work to the City's detriment to defer this item for any prolonged period of time, even to maybe next month because of the applications that come in on a continuous basis. Therefcre, I would recommend that this Board take some action one way or the other at this particular point because we're only talking about, the Hancock amendment that is, could be addressed at the City Commission level and does not amount to what could be considered a substantial deviation froiZ what this Board is considering at this point. There rights would not be substantially harmed by your acting at this particular time. They would have an opportunity at the City Commission to propose the same language and the City Commission if they desire to, could accept it at that particular time but there is...I think time is of the essence on this particular amendment before you. Mr. Manes: We thank you very much, Mr. Maxwell. Does everybody understand what the situation is here? Ms. Kolski: Yeah, yeah. Mr. Hancock: I might... Mr. Manes: I'm sorry, the public hearing is closed there...there will be nc more comments from the public. You know, the Board is not traditionally in the policy of going against the recommendations of Planning Department. It's seldom that the Law Department makes a recommendation of this type here. Mr. Maxwell is accurate, whatever action we take tonight... still this matter would be coming up to the City Commission probably what? before the end of this month, Mr. Maxwell? Mr. Maxwell: That would depend on the Planning Department but I would assume they're moving it quickly. Mr. Manes: Probably by the end of this month. Mr. Maxwell: What I would also, for the record, like to also say so Mr. Hancock could understand it, I'm not proposing that you vote one way or the other. Mr. Manes: Right, you just... f Mr. Maxwell: I'm just saying that you should. say that you should vote. I'm not saying how you should vote... r 8 April 4, 1984, Item 13 — Planning Advisory Board �, `1t Manes: recommending... You're reco,;meldin7... IOU're Mr. Maxwell: ...You might vote for Mr. Hancock, you might vote for the Planning Department. That's not our recommendation. I'm simply saying that we would propose that...we would suggest that you do something at this time. r Mr. Manes: Can we...can we get...Ms. Spohn. Ms. Spohn: Yeah, I'd like to know when we're voting on this, the wording on here says, "The maximum height above the ground for commercial at 30 ft." what is the Planning Board's recommendation? Mr. Manes: That is the Planning Department's recommendation. Ms. Spohn: Oh, that is. Mr. Manes: That is. Ms. Spohn: Oh, okay. Mr. Manes: That's the underlined text on the following page there under #5. Mr. Luaces: Mr. Chairman? Mr. Manes: Mr. Luaces. Mr. Luaces: -I would like to ask a question of Mr. Mackey. _ Mr. Manes: Mr. Mackey. Mr. Luaces: You referred that in the City of Miami you can not find several places that are above ground more than 4 or 5 ft. Do you find in your mind a lot of places in which the sign company could place a billboard and face expressway and be farther away than 600 ft.? Mr. Mackey: that question. I'm not sure that I can answer Mr. Luaces: Well, then the other question I can ask either because it's...that's the problem, we're thinking, we're opposing this idea that he has to equal the height limitation to ground level because we are afraid that something may develop from it but then again nobody knows what could happen. Ms. Kolski: Mr. Chairman? Mr. Armesto-Garcia: Let's handle what he develops. Ms. Kolski: Mr. Chairman? Mr. Manes: Ms. Kolski. Ms. Kolski: I can understand what you said but by the same token, number one, we have a very serious loophole and number two, we can't approve it until it's been studied so what I think is what we ought to do is fill the legal loophole that we currently have and then perhaps study it. Mr. Manes: Yes, the, you know, the Hancock amendment, as we'll call it here, is subject to further ... future review, is it not? You know, even after the Commission level action, whatever action they may take without being...because this particular item hasn't been presented before us by the Department, is that correct? 9 April 4, 1984, Item 13 Planning Advisory Board tiir . ACC: i Ali a{d^ �Q, ar "nci eri t 'r1 i 7 1 go h c Y + the Commission for first reading. Mr. Maness Go to the Commission but if, let's say the Commission decided no to act on it, it could conceivably come back to us at a later time to be addressed, you 1 know, for what it is. Is that accurate? Mr. Rodriguez: No, not... Mr. Manes: No... Mr. Rodriguez: ...unle:;s the Commission refers back to the Planning Advisory Board, this will be part of the record and the Hancock Company can go before the Commission to present their case and it will be, as in this case, they will be notified as we have been notifying through the news media, you know, that the item is on the agenda and they will be able to present their case before the Commission. Mr. Manes: Okay. Mr. Maxwell. Mr. Maxwell: It would only come back to this Board if the Commission made so many changes in it that it would be considered a whole new ordinance. In that case, it might come back to you but just the Hancock amendment, if you will, it would not be necessary for it to come back to this Board. You would not see it again unless the Commission... Mr. Manes: 'Directed it. Mr. Maxwell: ...directed it back because of the 90 day rule or something like that. _ Mr. Manes: Thank you. Mr. Armesto-Garcia. Mr. Armesto-Garcia: Yes, I see that this is a storm _ in a glass of water because the only difference I see here is the Hancock amendment said, "The maximum height above the ground for the commercial advertising sign shall not exceed 30 ft. from the grade of the road to which the sign faces." What the Department is the same thing, they say, "Thirty feet," but they don't say from the grade, they say, "above grade". It's only one word different. Mr. Manes: Well, no, that's not the bone of contention that is that which way the sign faces. If the sign is facing the expressway then a different grade would apply. The grade is not the problem it's which grade are you using the way the... Mr. Armesto-Garcia: We are pulling the horses before the cart. That is something to be developed in the future and we can.handle that or other people will handle that in the future with what develops. We have not here a crystal ball to see what is going to happen tomorrow or two years from now. We are here tonight on April the 4th with a problem and the problem is only one word "grade" or "from". That is the way I see it and I think that Mr. Hancock, also, can go to the Supreme Court but we don't have to penalize a taxpayer with those expenses. I think that here tonight we have the opportunity to fill the loophole and correct the mistake that has been done with adopting this or including this in the proposal of the Department. I don't see ... is nothing wrong why the Department can not accept a friendly amendment from the taxpayer, something that they make a mistake and let's recognize it. Not everybody because works for the City has, has the wisdom of deciding what is right and what is wrong. In the same way, here, we are faced with a problem. let's solve the problem and take the bull by the horns not defer it to any future meeting. Let's do it tonight, The only 10 April 4, 1984, Item 13 Planning Advisory Board i 9 -AV d i " «' a ro• (� r• �z r 1I - t1 , •5 , �f n :. t` +l e wr•� r -3 tt � e tt ✓y� ti 4, , r { L .. �... J i • t. - l ~i v �T t .� :) Y l. �dl'I .:.1 .. r C �.I a i. J 4 i t r J i� i. ' ,1b^,:r Qrc3d'.?it Th3tt ~} Jli'1fit, ynjtj:Iny ?is' 1s can insult to my intelligence. Mr. Manes: No, that...okay, Ms. Kolski. Ms. Kolski: Yes, Mr. Chairman, my feeling is this. We have an ordinance. We used to have 6871 that contained these provisions and it's worked for us since 1965. We know how it works and we know all of the implications involved. We have brand new wording that Mr. Hancock handed us tonight and maybe there's merit in it but I don't know enough about it. I want to know a lot more but by the same token, I still want to go ahead and at least put our old provisions in in order to get the protection that we need right now and then perhaps study this matter and come up with something else to change it a little bit and still protect the expressway deal. Mr. Manes: Ms. Spohn, did you want to _ comment? Okay. I have one more comment and then I think I'm going to ask for a motion. My feelings are this. As the Law Department's advised us, we have a serious loophole that needs to be filled. The Planning Department and Mr. Whipple in particular as this is his department in the Planning Department, feels very strongly about the wording of the proposed ordinance and the wording that the Planning Department has proposed by...the Planning Department's proposal and the Hancock, as we're calling it, the Hancock amendment. I feel that ... and, you know, the potential loopholes that we're opening up here with adopting, you know, without further study the Hancock amendment is opening up possibly a very large door. This item is going to be before the City Commission in the very near future and if the City Commission feels that this amendment merits to be the further consideration or action they will either take it or send it back to us and I think that's a Commission level decision. - Mr. Luaces: Mr. Chairman, I feel .the Commission level decision...they appoint us because we have a say. I ... my feeling is that I will recommend what I feel is good for business, which is above grade. I will recommend it and if they feel and they find the loopholes, let them find the loopholes and send it back to us then. Mr. Manes: Okay, fine. Mr. Luaces: It works both ways so at this point I would recommend to pass this... 13... Mr. Manes: You're making a motion to... Mr. Luaces: Yes. Mr. Manes: ...adopt amendment number or item Mr. Luaces: Number 13. Mr. Manes: ...and incorporate... Mr. Luaces: Incorporating from the grade of the road to which the sign faces. Mr. Manes: Okay, the wording from the Hancock amendment there. - Mr. Correa: I'll second it. Mr. Manes: Seconded. Is there any further discussion on the amendment? Ms. Kolski: Yes, Mr. Chairman. Mr. Manes: Ms. Kolski. 11 April 4, 1984, Item 13 Planning Advisory Board s`— F LMs. Kolski: I woul only asp: my fellow Boari members to please consider that we may be putting something in here and someone may be able to come along and put in some rather r- unsightly things. We don't know all the implications. It's rather dangerous to vote on an amendment unless it's been fully r studied. Mr. Manes: Okay, is there any further d L7cussion? Mr. Armesto-Garcia: In the same way, I would like to recommend to vote for Mr. Luaces and second by Mr. Correa, I will vote for that because if something happens tomorrow, let's worry about that tomorrow. The people who will handle that in the next meeting, they will worry about that. Why we have to go back again to pull the horses before the cart. Mr. Manes: Okay. _ Ms. Kolski: Mr. Chairman, probably a lot of things that we're unhappy with in the City today is because somebody said let them worry about it tomorrow. I think we're here today to make the plans so that tomorrow is more enjoyable in this City. Mr. Luaces: Mr. Chairman. What I'm referrinc to, Pat, is that if the City Commission knows the Planning Board~ knows and will find those loopholes or those errors, they have time to present it to the City Commission before they approve or act on it. Ms. Kolski: Well, I understand that but the City Commission can recommenb a study and' they probably would recommend a study after seeing Mr. Hancock's amendment. I'm not saying that I'm totally opposed to that. I'm saying let's not take a chance and do it tonight. Let's wait until a 'study has been completed. Let's fill the loophole tonight. Mr. Armesto-Garcia: We are filling the loophole in this way with their part and his part. We're putting both parts together and filling the loophole then the City Commission will - take the whole thing as a whole or divide it. That's their problem but we are filling the loophole. We have...I will sleep very well tonight with my conscience because I am pulling together two people and sending the two thinking together to the next meeting, to the above us hierarchy, and they will decide if we were wrong or we were right. We can not decide if we are right or we are wrong. They will do it. Ms. Kolski: Mr. Chairman. We're filling the loophole by putting them both together. What I am suggesting is that we fill the loophole with the old wording. The City Commission is going to have in all of it's information, Mr. Hancock's suggested wording. I'm saying it's potentially harmful to combine the wording if Mr. Mackey couldn't even tell us what places in the City a sign could be put up. This thing needs to be studied. You just ... you just don't combine wording like that. You study it. Mr. Armesto-Garcia: That is the problem, Mr. Chairman, that after so many years...after so many years with the City they can not tell us what even Ms. Kolski wants to know. Now, if in so many years they can not, how do you think, Ms. Kolski, they're going to know in two or three days? Ms. Kolski: Did you honestly expect a man to stand there and tell you where all these signs could be put just like that at the drop of a hat? Mr. Manes: Mr. Luaces. 12 April 4, 1984, Item 1.3 Plannin? 11dvis.nry Board �� i. 6 Mr. . Luac^s: That is my problem. He was able to tell r,e that he could not remember: a place in Miami where it could be five over grade and if he can do that, he can rernember - the expressway because if I think a little bit, maybe I will be able to know which expressways are in Miami. Ms. Kolski: Sir... i Mr. Luaces: I think he was... Ms. Kolski: ...he works with roads. Mr. Armesto-Garcia: Call the question. Mr. Manes: We have a motion to call the question by Mr. Armesto-Garcia. Is there a second? Mr. Correa: No, no... Mr. Luaces: Call the question. Mr. Manes: Okay, we have a second. There's no discussion? Please call the roll on calling the question. Mr. Rodriguez: item 13 as... Mr. Manes: The motion is for approval of No... Mr. Armesto-Garcia: -No, call the question. Mr. Manes: Just to call the question. Yes or no, do we end debate. Mr. Rodriguez: Oh! No, I wanted to make sure that I have the right motion. Ms. Spohn: Yeah. Mr. Manes: Okay, but we're just ... we're ending debate first. thirds. Mr. Rodriguez: Okay, I'm sorry. (Secretary called roll on calling the question.) AYES: Messrs. Manes, Luaces, Correa and Armesto-Garcia NAYES: Ms. Kolski and Spohn ABSENT: Messrs. Benjamin and Diego Mr. Manes: We have 5, 7. We need two- Mr. Rodriguez: No, we have 4 to 2. Mr. Manes: Four to two? Mr. Rodriguez: MmHm. Mr. Manes: Then we have two-thirds. Okay, debate is over, please ... okay, I'll state the motion and the second and then we'll call the roll. The motion is for approving item #13 as presented and incorporating the, more or less, the last line of the Hancock amendment here, as we're calling it, incorporating the wordage "grade of the road to which the sign faces" and the motion was made by Mr. Luaces, seconded by Mr. Correa and please call the roll. 13 April 4, 1984, Item 13 Planning Advisory Board # • All r-a, lad --n the yues".i.)n. ) AYES: Messrs. 1juaces, Armesto-rGarcia and Correa NAPES: Ms. Kolski and Spohn Messr. Manes ABSENT: Messrs. Benjamin and Diego / Mr. Rodriguez: The motion fails 3 to 3. Mr. Manes: Now, Ms. Kolski, what's in order here is, since you are the proponent on the other end, an alternative amendment or an alternative .,Lotion. Mr. Armesto-Garcia: I will propose one if she has... Mr. Manes: No, Ms ... okay, Ms. Kolski. Ms. Kolski: Mr. Chairman... Mr. Manes: Item 13. Ms. Kolski: Mr. Chairman, I move approval of item 13 as presented by the Planning Department, Mr. Man -es: Is there a second? Ms. Spohn: I'll second it. Mr. Manes: Thank you. Is there any discussion on the motion? Motion is to approve item 13 as presented. There being no discussion, please call the roll. i _ (Secretary called roll on the motion.) AYES: Ms. Kolski and Spohn , Messrs. Manes NAYES: Messrs. Luaces, Correa and Armesto-Garcia ABSENT: Messrs. Benjamin and Diego Mr. Rodriguez: The motion fails 3 to 3. Mr. Manes: Thank you. This item will now go on to the City Commission deemed as being denied in its orginal form and we wish you a lot of luck there, Mr. Hancock. Thank you for coming. Okay, we're back to our initial or our original agenda and we're up to agenda item number 3, I believe. ed 14 April 4, 1984, Item 13 Planning Advisory Board e DF,CI,ARATION OF KNOW AU, MEN 13Y V11: il; P1;.`-i1;D1TS I'riAT the nndei:3tgned, ,JEM,' JO ICORPOtA`I''[ON, lire h.j titt> owner of. the fen simple title to the property letjally ds-_�s ribod :its: ;_,tat s 1, 2, and 3 of .rMADO, accor.,.1 ing tca tho Plat theret:,F as re,::orded in Plat Book 10, 3t -- Page 19, of the Pub1 is Re or,.]s oC Dade County, Florida. make.; the following voluntary Decl�arati,-)n oll Restrictions cov- ering and running with the above referenced property, specifying that this Declaration shall constitute a covenant running with the land and shall be binding upon the undersigned and all part- ies deraigning title through it. These Restrictions during their lifetime shall be for the benefit of and a limitation upon all present and future owners of the real property and to the City of Miami, Florida, for the pulbl.ic welfare. 1. The owner is prescntly an applicant before the City Commission of the City of Miami, Florida to rezone the subject property from RS-2/2 to CR-1./7. 2. If the property is rezoned to CR-1/7, the owner, will not use said property for the following purposes; (a) Residence hotels, lodging houses, touri:5t homes, and guest homes, with quarters rented for periods one week or more, hotels and other transient facility. (b) Private clubs, lodges, fraternities, sororities and the like. (c) Playgrounds, playfields, and auditoriums. (d) Package liquor stores, lounges and bars or any sale of alcoholic beverages. (e) Restaurants, tea rooms, and cafes. (f) Any use which would necessarily produce noxious odors or loud noises so as to create a nuisance. (g) The operation of any drive-in or drive-thru teller facilities for financial institutions. (h) Repair shops. (i) Retail establishments for the sale of any food producto including grocery stores, meat markets and bakeries. 3. If the property is rezoned to CR-1/7, the following covenants and restrictions shall be applicable to the property: (a) At no time will any wall be constructed on the property which would unduly obstruct the view or visibility from adjacent lots. (b) All .air. -conditioning units and fans :shall he installe1 on the roof of the building so as to avoid noise and heat to adjacent loth, 91 Ak (c) No refuse collection shall take place except Crum S.W. 22nd Avenue and all such refuse collection shall take place after 9:00 A*M. and before 000 P.M. (d) Landscaping shall 1),n plantod in conFormance WK the City of Miami landscaping code. (e) All security lights be Kracted away Efom a residential area. (f) Hours of operation shai! ne permitted between 7 A.M. and 9 P.M. Jai ly. (g) The use of lots 4 and 5 WIT lie for residential purposes only. 5. This Declaration of Restrictions may be modified, amended or released as to any portion of the lands covered hereby by written instrument executed by the holder or holders of the Coe simple title to the subject property and by the City of Miami or its authorized representative, provided, that no such mod- ification, amendment or release shall the made without a prior public hearing being held by the City of Miami. 6. This Declaration shall enure to the benefit of the owner, the City of Miami, and all property owners within 300 feet and may be enforced by the City of Miami and by such owners of - property within a 300 foot radius of the subject property by a suit in equity against the then owners of the subject property violating these restrictions, after a determination that a violation exists is made by the City Commission and the Code Enforcement Board of the City of Miami. IN WITNESS WHEREOF, the undersigned has set its and seal this Aday of' 1905. JEMAJO CPO ORATION By Pablo Perez, President STATE OF FLORIDA SS: COUNTY OF DADE The foregoing instrument was acknowledged before me this day of ' A-- - 4 , 1985, by Pablo Perez, as President of Jemajo corporat , n. - corporation, on behalf of said corpora- tion. CARD-1 Notary Public State of Florida at Large my commission Expires: 2 f f !P; J�! "I 101 5, 9952 CITY OF MIAMI C'(141ISSIONERS mimil Cl'ry [iAa 35W PAN IVIERICAN DRIVE MIAMI, FL. 33253-0/08 GENTLEMEN: WE REGRET THAT IT IS NECESSARY TO WRITE A SECOND TIME TO OPPOSE THE CON- STRUCTION OF A SHOPPING PLAZA ON THE CORNER OF SW 16 ST. AND SW 22 AVE, A SHOPPING CENTER ON THIS CORNER WOULD ADD TO AN ALREADY HAZARDOUS SITE IN TERMS OF TRAFFIC FLOW, &1, 16 ST. HAS BECOME A THRUWAY DURING PEAK TRAFFIC HOURS, WE ALSO OPPOSE THE COMMERCIALIZATION OF THIS PROPERTY BECAUSE VIE ALREADY RAVE A VARIETY OF SHOPPING AREAS IN CLOSE PROXIMITY TO THIS NEIGHBORHOOD, FURTHERMORE, WE FEEL IT WOULD INCREASE THE NUMBER OF CRIMINAL ACTS IN A NEIGHBORHOOD WHICH HAS SHOWN AN INCREASE IN BREAK-INS, WE INVITE YOU TO VISIT THIS SITE AND GET ACQUAINTED IN-DEPTH WITH OUR NEIGHBORHOOD. YOUR NEGATIVE VOTE WILL ALLOW US TO MAINTAIN OUR PLEASANT, SAFE AND WELL -CARED FOR ENVIRONMENT IN A STABLE NEIGHBORHOOD, WE ARE NOT OPPOSED TO CHANGE, BUT WE CANNOT BELIEVE THAT AN ALREADY BUSY TRAFFIC AREA CAN BE IMPROVED BY ADDED CONGESTION. THANK YOU, YOURS SINCERELY, ?HN VD 4U�T��STTEEENSMA 14 Mayor Kaurice Ferro Miami Ci ty "la 110 1500 Pan s e ri corn ?)ri yr o Yi ami o Florida 3323-3-0' 0 �o Dear Mr. Mayor,, �p O 2207 Sbwd 16th Terrace, Miatti, Florida. 33145d :J Janwiry 22, 1985,, d P� Jetaa jo Corporation, 02, 9500 Atlas RhnGe from P.g-21 = '„v ��i2•-1%7 Z am enclosing a copy* of onr ri ply addreesel to the J-amu jo Corporation, vhi,ch reply 13 in response to laura 'Tindell,»;Iowelln� cover letter of Jaruary 18, 1985n forwarding a copy of thFir Declar.atiot� of Restrictions* which :Declaration is ostentiiblyr in full compliance with the Commission's strong alvice to them of December 20. 1r34* Because of the urgency of the situation, xs we now perceive it, we ask that our letter of response fir its entir, cty be entered into the pu,bl.ic record of the Januar. L� 24th meting convening to consider this rezoning petition* Sincerely yourso Gertrude R. Marks Enclosure cc: Cosmni ssioner Joe Carollo Commissioner Hiller Dawkins Commissioner Demetrio Perez Commissioner J.L. Plummer wpm, Cl c t I On 14, 1 2 77 V c On cr C w v4 �h t n n:: In tl-.at p`cn, 5 s icr,..! ri mv-, i r g for sp-clfl,- sl.At:im-- r-lni'Anz to t tv`-,-,I an' r-,j,!-,r for Jk— pl pt:a -,- r.--: t wl th h-I iz i-.- -.� to I cn Out thf, rr, i r, L:T i te n,,j of c c, n c -,� t-,, , e. t (-• 7 ex ill - -air.- i t-- h-r- tlr:f. sin -Cc n--?ithTr ue ncr- (to my !7,>--n tlh,i ti-xt Or cf thl> s 'L ,- i {': ivy* to t'-- f'.- - rc in nir-71 5,17 11 W�' C 0 + 'v is v� -y :I- E 1 hell i i�om—y ,n t hrt i o r jTSr.M 4-p,11--tic:z-: of y,-",:r t Is C. u c. .41 1ic t— — — — — — — — — — — — — — — I w!f7`. tc w.11 nct m-C- any c.,f F, It 15 n;� ,a yc, T t I A I I rl Ti-,- fir mi rr, s c, 1- ry wa v c W;cam--t t Vi ,7— V ta 1 a 7, 1C 1 V r"V th- 71 1, C 7 V 17 1 0'. 71� rj- n • t 7 oar aftTr 30 ely= 7- t,. rc. y n, a c !­r,111 a III, cr a az in 7n- -W�� rm V cz to 04 n" Y: .1 U� 1 W in V a L cc"- rM A n-11%Py of an, VAY FW R M 11 it nil C-7- -Yk! g7l 15 ar-n- th- A :O Cr L7 I cc tin W -0 4 j!'5 1, TrA an! r a coveral th-s- ccunp rr., thavp ccn:-:na hoirs the roarm EnAWMAly why 1ot3 t W 5 were wlth!rayn froi Fzurily, rAn yjV th!y tIttrilcil, an it apv-Ap- to ma, your prclkq r- cr-IMAty. TE- n-Ighlol: L,�, 1 an! ary,7j;2Z V-rL!l C77MIt- , rj yonr pr-:17- meAn boNry th- Mlazi City Gc-AnAs�-rs, hut can fin! no fallcn thrw�jh On termn of In light of the currmt aa vast mr-ranne or prcff-rel ec7ennOn, fj 1., W 1 111 AGO? �SPWRPRIOR R h 1� t li IV 7 - C SY ��,.• r .. �. .. ::t .. s. � ,..� �, :� t _ _ .' 99-152 .. -. ... .. -. .. ..� L i...lie .. -,. 7 ... _ ., Ly _. r - -. .. t, ,,. _ -... .. ... ... t .. _ .. .. _ ... yrc .... _, .. -.. a .. :. .. '✓. _. .`. or? DES �n week or l 9ZP-)' 2 1 5rry p"T"n. �i?Eq ,r rr ^wigA=.n�: 'Y •*kt'. •. CITY OF IM1I.6 1AIif= UNITY, FLORIDA AL NgTICIE MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octeima V. Ferbeyre, who on oath says that she is the Supervisor of Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of T'" i OF -2 in the ... ..... Court. was published in said newspaper in the issues of ):].I, 1918�5 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Mlemi is :aid DaA? County, Florida, for a nariod of one year next precedi„g tke H-31 publication .d tl,e ..ttached copy of advertisement: and aitiant further says that she has neither pa;d nor p,amisad any (•arson, ".rm or corpora;ion any discount, rebate commission or refund for 're purpose ut securing this ative ment for .C.G� publicatio said newspaper. ~ 1 Sworn ]p and d sutlscribed before me this 1.:;t: day of A.D. 19 3it� Sonia He an Notary Public, Staj6-of F odda at large (SEAL) :fr"7 *�` • ' My Commission exdkEs its •_i,; MR 144 Ilt h 1 ntervstod opr ;<« , &01 i�3kri r7ntlf-P i,)�rt g,v .;r , '•I4' r hr ',tp�, , +a_ ,_i r. 1r+"- t'. u t �;'.c'-h a•t't '�hJr� "F;F.'i_fJiNCi is L.��.i C1:� i?i�E:7! i:Ar.1, 1 41l`4,]; 0,F4DII Al`fC:f_ C F TPf I',V iilAiA) c i).a's;!A, i'lY (".HANGING THE ZONING Ci,AS ATiz-j!4 ;'tF APPROXIMATELY _i11 13 SOUTHWEST 2,', PA14%All, F"i_ORIDA AMC%RE PARTICUL.APLY i�EC;s:_f2fK3Et�r IAFREOl; FROM RG-t,x (3ENERAI_ RESIDEN� TiAi_ LONE APJC+ TV>!t7 FAMILY) TO CR3i7 COMMERCIAL PE` 10ENTIAL i,CIENE PA..L.i BY MAKIN(_; FINDINGS, AND BY MAKING ALL, THE '4ECCSSARY CHANGES ON PAGE NO Ill OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO s'Y;00 BY REFERENCE AND DESCRIPTION IN ARTICLE SECTION :0,). THEREOF, CONTAINING A REPEALER PRO VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO 9951 AN ORDINANCE AMENDING THE ZONING ATLAS ORDI. NANCE NO. 9500. THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-3: RESIDEN- TIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT TO ADDITIONAL PROPERTY ADJACENT TO THE "J.W: WARNER HOUSE," LOCATED AT APPROXIMATELY 111 SOUTHWEST 5TH AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS: AND BY MAK- ING ALL THE NECESSARY CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS: CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 9952 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. BY CHANGING THE ZONING CLAS- SIFICATION OF APPROXIMATELY 2210 SOUTHWEST 16TH STREET AND APPROXIMATELY 1600.02 SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-212 ONE FAMILY DETACHED RESIDENTIAL TO CR-1/7 COMMERCIAL -RESIDENTIAL (NEIGHBORHOOD) BY MAKING FINDINGS; AND BY MAK- ING ALL THE NECESSARY CHANGES ON PAGE NO. 39 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9953 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 15 ENTITLED "SPI: SPE- CIAL PUBLIC INTEREST DISTRICTS," BY ADDING A NEW SECTION 15170 ENTITLED "SPI.17: SOUTH BAYSHORE DRIVE OVERLAY DISTRICT," AND ASSOCIATED NEW SECTIONS 15171 THRU 15173; PROVIDING FOR INTENT, EFFECT, AND CLASS C SPECIAL PERMIT REQUIREMENT; AND CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO.9954 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY REMOVING THE SPI.3: COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT FROM THE AREA GENERALLY BOUNDED BY MARY STREET, A LINE RANGING FROM APPROXIMATELY 100 TO 200 FEET SOUTH OF AND PARALLEL TO TIGERTAIL AVENUE, AVIATION AVE- NUE, AND TIGERTAIL AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAK- ING ALL THE NECESSARY CHANGES ON PAGES NO.45.46 OF SAID ZONING ATLAS; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9955 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 515.1 TO DELETE AN ERRONEOUS REFERENCE, SECTION 606 TO PERMIT CERTAIN FACILITIES IN PLANNED DEVELOPMENT DIS- TRICTS, SUBSECTIONS 612.6 TO CLARIFY LANGUAGE PERTAINING TO LIGHT PLANES, SECTION 1568 TO CLAR- IFY OFF-STREET PARKING SPACE REQUIREMENTS, SUB- SECTIONS 2000.1.1 AND 2000.1.2.1 TO CLARIFY LANGUAGE RELATIVE TO VARIATIONS TO FLOOR AREA RATIOS AND OPEN SPACE REQUIREMENTS, SUBSECTIONS 2003Z TO CLARIFY LANGUAGE PERTAINING TO HOME OCCUPATIONS, 2008.8.1 TO CLARIFY RESTRICTIONS APPLICABLE TO MUL- TIPLE FAMILY DISTRICTS, 2102.1 TO INCLUDE ONE•FAM14Y SEMI-DETACHED, TWO-FAMILY DETACHED MULTIPLE DWELLINGS AND ADDING NEW LANGUAGE PERTAINING TO THE USE OF NON -CONFORMING LOTS, 2102.1,1 TO PROVIDE FOR CLASS C SPECIAL PERMITS FOR USES EQUIV- ALENT TO ONE -FAMILY SEMI-DETACHED, TWO-FAMILY DETACHED, AND MULTIPLE DWELLINGS, 2510.2.3 TO CLAR. IFY HEIGHT AND LIGHT PLANES, 2510.3.2 TO PROVIDE FOR NOTICE, 2510;2,3 TO CLARIFY HEIGHT AND LIGHT PLANES, 2510.3,2 TO PROVIDE FOR NOTICE; AND SEC- TION 3004 PERTAINING TO NOTICE REQUIREMENTS, SUB. SECTION 3101.1 TO PROHIBIT FLOOR AREA RATIO VARI- ANCES,A ANCES, AND 3602 TO CHANGE THE DEFINITION OF "FAM- ILY'; FURTHER, BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS: PAGE 2, BY ADDING "RESI- DENTIAL" TO THE TITLE OF TABLES 1 AND 2; PAGE 3, BY ADDING "NON-RESIDENTIAL" TO THE TITLE OF TABLES 3 AND 4; AND PAGE 4, CR-2, COMMERCIAL RESIDENTIAL (COMMUNITY). PERMISSIBLE ONLY BY SPECIAL. PERMIT AND CR•3, PERMISSIBLE GENERALLY, BY APPLYING THE PROVISIONS TO "NEW" AUTOMOBILES; CONTAINING A RCDFAI KR P�lJL/1Slt]151 AALLi A CGVPRARIj iTY rA A.LISE_.. - ! la bY3ln LOIS1 ma _ IU+7 x t i rittf tr , ,: n+.i , f �tdvgytr�i4ma,n1 ic,r puhS , a ,rail jn tff$y .f„} �;i;s:,r� ... 'SwIJm Iq kind I,hs r r he0 ??rouI ;Inv et A 7 Sonia Hailitall Nolaiy Pub(ir, Siatd of £lortcla at iarwr i5EAL) My Commission expires b�C. 23, ig96. MR 144 -.efx( I M I � %.. 9 f s_; e. ;- { i�fp� ltgs(a f f9 iIIA Al ,( .Af"AA t.S r r nt,{) raAFa,1_;.# 1 r1r fii{.I,_ AVFNtIF4vIA'irIN tvi- t+l_jE: A N P 7 (AFH,,cri- A,JEt�t1E, ItlriFtE f'�x.�t {C,tJi.Alrtt�, d?f if;Rili£fCi tM (JiN4°;S, AND NY IN('; Al L 1"1-4E. +i i:;F'i At?Y CHANGES ON RAt F:S IN 4`,r16 CIF SA11) Z ,?NING A'T'L.AS, CONI'AININ(i A REPEALER = il. VISION AND A SEVERABILITY CLAUSE, ORDINANCE NO. 9955 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 515,1 TO DELETE AN ERRONEOUS REFERENCE, SECTION 606 TO PERMIT CERTAIN FACILITIES IN PLANNED DEVELOPMENT DIS- TRICTS, SUBSECTIONS 612.6 TO CLARIFY LANGUAGE PERTAINING TO LIGHT PLANES, SECTION 1568 TO CLAR- IFY OFF-STREET PARKING SPACE REQUIREMENTS, SUB- SECTIONS 2000.1.1 AND 2000.1.2.1 TO CLARIFY LANGUAGE RELATIVE TO VARIATIONS TO FLOOR AREA RATIOS AND OPEN SPACE REQUIREMENTS, SUBSECTIONS 2003.5 TO CLARIFY LANGUAGE PERTAINING TO HOME OCCUPATIONS, 2008.8.1 TO CLARIFY RESTRICTIONS APPLICABLE TO MUL. TIPLE FAMILY DISTRICTS, 2102.1 TO INCLUDE ONE -FAMILY SEMI-DETACHED, TWO-FAMILY DETACHED MULTIPLE DWELLINGS AND ADDING NEW LANGUAGE PERTAINING TO THE USE OF NON -CONFORMING LOTS, 2102.1.1 TO PROVIDE FOR CLASS C SPECIAL PERMITS FOR USES EQUIV- ALENT TO ONE -FAMILY SEMI-DETACHED, TWO-FAMILY DETACHED, AND MULTIPLE DWELLINGS, 2510.2.3 TO CLAR- IFY HEIGHT AND LIGHT PLANES, 2510.3.2 TO PROVIDE FOR NOTICE, 2510.2.3 TO CLARIFY HEIGHT AND LIGHT PLANES, 2510.3.2 TO PROVIDE FOR NOTICE; AND SEC- TION 3004 PERTAINING TO NOTICE REQUIREMENTS, SUB- SECTION 3101.1 TO PROHIBIT FLOOR AREA RATIO VARI- ANCES, A ANCES, AND 3602 TO CHANGE THE DEFINITION OF "FAM- ILY": FURTHER, BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS: PAGE 2, BY ADDING "RESI. DENTIAL" TO THE TITLE OF TABLES 1 AND 2; PAGE 3, BY ADDING "NON-RESIDENTIAL" TO THE TITLE OF TABLES 3 AND 4; AND PAGE 4, CR 2, COMMERCIAL RESIDENTIAL (COMMUNITY). PrP" S^Inl F ANI.Y rry nrr_CIAI. rrpmn -r AND I I'LWAl',>`51131,E ULNEHALLY, BY APPLYING ll-tE ppOVISIONS 1() "NEW" AUTOMOBILES; CONTAINING A t1EJ`F/,LER PROVISION ,:,Np A SEVERASIt..ITY CLAUSE ORDINANCE NO 99 i6 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLAS- SIFICATION OF THE NREA GENERALLY BOUNDED BY SOUTHWEST 27TH AVENUE (GRAPELAND BOULEVARD), A LINE APPROXIMATELY 100 FEET SOUTH OF, AND PARAL- LEL TO, TIGERTAIL AVENUE, AVIATION AVENUE, AND TIGERTAIL AVENUE, PER PLAN ON FILE IN THE DEPART. MENT OF PLANNING AND ZONING BOARDS ADMINISTRA- TION, (MORE PARTICULARLY DESCRIBED HEREIN); FROM RG-215: GENERAL RESIDENTIAL TO RO.316: RESIDENTIAL OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 45 AND 46 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9957 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 13Y APPLYING THE SPI:17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT TO THE AREA GEN- ERALLY BOUNDED BY McFARLANE ROAD, SOUTH BAYSHORE DRIVE. A LINE APPROXIMATELY 200 FEET EAST OF, AND PARALLEL TO AVIATION AVENUE (EXCLUDING THE SOUTHEAST CORNER OF AVIATION AND TIGERTAIL COMPRISED OF AN AREA 100' ALONG AVIATION AND 150' ALONG TIGERTAIL AVENUE), TIGERTAIL AVENUE, MARY STREET. GRAND AVENUE, AND A LINE APPROXIMATELY 250 FEET WEST OF, AND PARALLEL TO MARY STREET, TO THE POINT OF BEGINNING, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAK- ING ALL THE NECESSARY CHANGES ON PAGES NO, 45 AND 46 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. (t11372) u ��,ya RALPH G. ONGIE CITY CLERK SS CITY OF MIAMI, FLORIDA Pubticabon of thls Notice on the 1 day of February 1985 11 85,020167M