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HomeMy WebLinkAboutCC Application Supporting Docs - UPDATEDHEARING BOARDS 444 SW 21'6 Avenue, 7th Floor • Miami, Florida 33130 Telephone 305-416-2030 ¢ Fax 305-416-2035 www.miamigov.com/hearing boards PUBLIC HEARING APPLICATION FOR AN AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm, and on the fifth day, at 12:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Applications for Zoning Change (Amendment to Zoning Atlas and/or Overlay District) and Land Use Change (Amend the Comprehensive Neighborhood Plan) will not be accepted unless it is signed or initialed and dated by the Planning Department designee. Rev. 08-16-06 For information about Amendments to the Miami Comprehensive Neighborhood Plan, please see Section 62-32 Periodic review of the adopted comprehensive plan and adoption of evaluation and appraisal report of the Miami City Code. Ben Fernandez, Esq. on behalf of lye Group One, LC, hereby, hereby apply to the Miami City Commission for approval in accordance with Sec 62-32 of the Miami City Code, and in support of that request, furnish the following: Obtain signature or initial and date by the Planning Department designee prior to subrnittaL 2. The property/location listed does not have any open code enforcement/lien violations. 3. Address(es) and folio(s) of property: Approximately 1252 SW 21st Terrace, 1262 SW 21s' Terrace, 1272 SW 21st Terrace, Miami, FL, folio #01-4139-007-3350 (lots 8, 9, and 10), more accurately described on Exhibit A. 4. Current designation: Single Family Residential Future designation: Restricted Commercial 5. Has the designation of this property been changed in the last year? If so, when? 6. Do you own any other property within 200 feet of the subject property? Yes If yes, has the property been granted a change in plan designation within the last year? No. 7. Two (2) 11 x17" original and one (1) 8 /2 x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 8. At least two photographs that show the entire property (land and improvements). 9. A clear and legible copy of the recorded warranty deed and tax forms of the most current year that shows the present owner(s) and legal description of the property. 10. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A" to coincide with the current survey's legal description. 11. What is the acreage of the project/property site? 0.40 Acres 12. Is the property within the boundaries of a historic site, historic district or archeological zone? Please contact the Planning Department on the 3`d Floor for information. No. 13. Is the property within the boundaries of an Environmental Preservation District? Please contact the Planning Department on the 3rd Floor for information. No. 14. If only filing this application and not a change of zoning, please submit a (an): a) Affidavit of Authority to Act; b) Disclosure of Ownership of all owners and contract purchasers; c) List of property owners within 500 feet of the subject property. Rev. 06-16-06 2 For corporations and partnerships indicated, the following documents are to be submitted: a) Articles of lncorporation; b) Certificate from Tallahassee less than one (1) year old showing good standing; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporaton authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 16. All documents, reports, studies. exhibits (8 1/2 x11") or other materials to be submitted at the hearing shall be submitted with this application and will be kept as part of the record. 1 r Cost of processing according to Section 62-156 of the Miami City Cede*: Application to Amend the Comprehensive Neighborhood Plan to: a. Conservation, Recreation, Residential Single Family, Residential Duplex 300.00 b. Residential Medium Density Multifamily$ 450.00 c. Residential High Density Multifamily, Office, Major Public Facilities, Transportation/Utilities $ 550.00 d. Commercial/Restricted, Commercial/General and Industrial $ 650,00 e. Central Business District (CBD) $ 1,200.00 f. Surcharge for advertising each item $ 1,200.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *Pursuant to Ordinance 12719, all planning and zoning fees in excess of $25,000.00, shall be paid in the form of a certifiescheck, cashier's check, or money order. Signature Name Ben Fernandez, Esq. Telephone 305-377-6235 Address 200 S. Biscayne Blvd, # 850 Miami, FL 33131 Application Date E-mail Address BFernandezbrzoninqlaw.com STATE OF FLORIDA COUNTY OF MIAMI-DADE 15-t: The foregoing was acknowledged before me this day of March, 2007, by Ben Fernandez, Esq. who is a partner of Bercow & Radell PA a(n) corporation. He is personally known to me and who did not take an oath. (Stamp) . t ... 7..cm.F.f.o..0..n .Q•1,-.s:.::::.-i: L.„,.. ... • .-::'-'-',-.2.-, i...30::520°'!.7: . Rev. 08-16-06 3 AFFIDAVIT OF AUTHORITY TO ACT Before me, the undersigned, this day personally appeared Ben Fernandez, ESQ., who being by me first deposes and says: 1. That be/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, 0 including or 0 not including responses to day to day staff inquires. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Ben Fernandez, Esq. Applicant(s) Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this Fernandez. Esq. who is a partner of Bercow & Radelt personalty known to me and who did not take an oa Applicant(s) Signatu e s (Stamp) :nure - 4 - • ----- y of March. 2007, by Ben corporation. He is Rev. 08-16-OS DISCLOSURE OF OWNERSHIP 1 . List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with theft address(es) and proportionate interest are required. Please supply additional lists, if applicable. Owner's Name(es) Ive Grou One, LC see Exhibit B for ownership breakdown) Subject Property Address(es) 1265 SW 22nd Street (01-4139-007-3350) Telephone Number 305-377-6235 E-mail Address BFernandez@brzoninglaw.com 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address N/A Ben Fernandez, Esq. Applicant(s) Name Applicants) Signatur Legal Description N/A STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this 1 day of March, 2007, by Ben Fernandez, Esq. who is a partner of Bercow & Rader PA a(n) corporation. He is personally known to me and who did not take an o (Stamp) Rev, 08-16-06 LEGAL DESCRIPTION LOT 8 THROUGH LOT 10 INCLUSIVE OF BLOCK 68 OF THE PLAT OF "EAST SHENANDOAH" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14 AT PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PART OF FOLIO 01-4139-007-3350 PROPERTY ADDRESS (PER TAX ROLL) 1265 SW 22nd STREET CITY OF MIAMI MIAMI-DADE COUNTY, FLORIDA :t e e 1 certify from the records of this office that VE GROUP ONE LC is a limited liability company organized under the laws of the State of Florida filed on June 17, 2003. The document number of this limited liability company is L03000021813. 1 further certify that said limited liability company has paid all fees due this office through December 31, 2006, that its most recent annual report was filed on February 10, 2006, and its status is active. 1 further certify that said limited liability company has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Sixth day of March, 2007 Secretary of State Authentication ID: 700091070647-030607-L03000021813 1 o authenticate this certificate visit the following site, enter this ID, and then follow the instructions displayed. www.sunbiz.orgfauth.htmt 0 cit and III MEII.I MI Miami 1,1 ,re 11 C'GF0( 2563 0l a 139e07.=350 Pi-cparcd by: Pau. II, K.opfer, 000043.11 idupier, liupfer + Skolnick, P.A. 1790 University !)rive. Suite #110 Coral Springs, F1. 33071 (954) 755-3600 111-314117 1RRANTY DEED.. CUN 2O03RO460-755 OR gk 21408 P35. 2662 - 2663; 12esi RECORDED 07/08/2003 15-47=36 DEED ORC TAX 12000.00 SURTAX 9800.00 HARVEY RUVINr CLERIC OF COURT tII€ttSI D 17 CCUNTir FLORIDA Statutory Form FS689.02 f411S INDENTURE, made this 7 d day of July, 2003, between Villa Ten Inc. a corporation existing under the fawn of the Siare of Florida. having its principal place of business at 1700 University Drive, Suite 110, Coral Springs, Florida 33071 in the County of I3roward and State of Florida, as Grantor, and Ive Group One LC, a Florida limited liability company, and whose post office address is 1201 0iickell Avenue, #220, Miami, Florida 33131, of the County of Miaini-Dade, State of Florida, as Grantee- WFTNESSETH: That said Grantor, for and in consideration of the sun of Ten Dollars (510.00), and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in MIA,MI-DAD County, Florida, having a tax folio nunnher of 0141390073350, to -wit: Luis 8, 9, 10, 17, 18, 19, 20, 21 and 22, Block 68 of EAST SIIENANDOAH, according to the Plat thereof, as recorded in Plat Book 14 Page 55, of the Public Records of Miami -Dade County, Florida. SUBJECT TO: 1. Zoning, restrictions, prohibitions and other requirements imposed by governmental authorities. 2. Restrictions, easements or other matters appeasing on the Plat, or otherwise common to the subdivision. 3. Taxes for the current year and subsequent years. and said Grantor hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name by its proper officer, and its corporate seal to be affixed, the day and year above written. Signed, sealed and delivered in our pre ' nec_ Witn Name) Uir�G°/ssi e"'A (Print Name of Witness) Witness (Sign Narne) (Print Name of Witness) BY: Villa Ten P . i iup er, Attorney (CORPORATE SEAL) is 5045 'faun Form 50057FL Rev. 12117/55 Rnnk'21 df1R/Pnp7Ri 2 Pane 1 of 2 OR BK 2140E PG 266.3 LAST FAGS i°ATE OF F1 DR] Gamin( mwwmw Tile foregoing insrrti<nenl was acknowledged before roe iris July , 2003, by Foul 4'I. Kupfr, Attorney di Fast Chi Villa Ten Inc,. a Florida corpwratkiii, of who is personally known ro rue; or. who produced drivers license as ideuli?`ication, Virginia Grant commiaaiun # C$ 83798! The, Evitea Sep. t22i3Gs Atlantic Aandine C5 ., lnc. My Corrunission Expires_ Serial Number, if any ESS Form£.Ofl7FL Rev_ i2.17,99 Boak214O61Paae2663 Page 2 of 2 CITY OFMIAMT. DISCLOSURE OF CONSIDERATION PROVIDED) OR COMMITTED FOR AGREEMEN TO SUPPORT OR W1Tl- RO.LJJ OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) o,, the issue, any consideration provided or committed, directly or en its behalf, to any entity or person for an agreement. to support or withhold objection to the requested approval, relief or action, "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or want of any money, properly, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-6.3, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required total! out this form. NAM;: NOtvU ADDRESS: CITY: HOME PIIONE: ` �") f 33-1 (Mid le (Last Name) {-ATOM s s Line 1) (Address tine 2) STATE: Florida ZIP: CELL PHQNEE: ( ' 7 -) 6 FAX: aeJS EMAIL: � ' + Gr +, {.- _ CZ) 1 i1 '1 SLISSINESS or APPLICANT or ENTITY NAME BUSINESS ADDRESS: 3o s s r~ e.t sir., "'.-<-.- t r 9) S.---CD (Address Line 1) (Address line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. ..\,3C C. 6Y I. LA 1 V tom.-e_ e o t.r , e A .k0,-, . Lu ss4 l v+� S k- L.A. L ip i 2. Has any consideration been provide i or committed, directly or en your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? -? YES x(NG If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer gaitestions 3, 4 & 5 and read and execute the Acknovvledgereut. Doc. Na.:S6543 3, Please provide the name, address and phone nunabcr of the person(s) or entities to whom consideration igaas been provided r cuarsrultted, a. AiRifess r�dcliti{sa ai stars can be pIa: ed on t separate page saltached to this .[uses, 4, Please describe the nature of the consideration. 5. Describe what is lacing requested in exchange for the consideration. ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following .may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board( sj until expiration o a perm of one year after the nullification of the application or PERSON SUBMITTING DISCLOSURE: Sworn to and subscribed before me this cia of 2 A YL u a .200 8 . The. foregoing instrument was acknowledged before me by w-F as tdenti4'aiwn a STATE OF FLORIDA CITY OF MIAMI MY COIVIiM.I'S EXPIRES:it 2 Enel asure(s) Doc. No: 86343 Notary Public Stale , lorida Ana Hernan who has produced r to me and l ° wn did/did not take an oath, grin Name Page 2 .a 20 a PT Block 3G L`,LY 731rc11u11un102 BOUNLARY C.. t FOR i11s{l>I. U OLi s LEGALOESCRIPTI0.2 201101ROUG11 LOT ID NCL361VEC= EL003369 STILE P3335 0F'C3SY StlEPANDOPTT TC.CORWIVG TO T14T PLAT THERROP, %s5 RERCR56004 PLAT B0'UK 1.1 Af RAGE G5 OF IRE 2116L1C RECOAL`5 OF 74R1 .-0na0 COVN1 T. FLOE -RDA. PART OF FOIT001,4M.LUP.73: "1 I'RORER't1 BCORESS{PER TAX ROLL 1265 SW 22Po STRR� ? CITY OF M1AMI MPASI,OR5E CORKTY_ f L06)123 1i115 SURVEY .6:;ERTII,_ 10 2 ATTORNEYS TITLE I.1S=i+0NCEN31.7d. l IVE GROUF SW LC tiUKVE1'UR5 CERTii iC.t1k' ATTkedfs. 02Anfli.nj.A SURVEYORS tv'Jfi:S ' BOUNDARY SURVEY {;A6 174.i?R1,yE) ifi P.FI'iP. ' TIE ORIGIN OF BCARPCR'A'1. 33 .3 i;,IJ USINLB CENTER! NE: Of 611 72nd SIRE,P7F is J'L1J8ZV FIEVATION55HLL311, HEREO.TrARE C"f;;V'1.11F,1+i U,.. 51S...70,5 A CITY CP N11,111: d1ARK. L010,, JP.1 COP..,'JniY ,;N❑ 5 W 13LT, :.VENUE i?e7.7,.,55=NtSi�=R .1, 510EYYA,EiEVATi01r`i12E'.E131,1OCO[IOERTf'<;*G'* 741h14 OA7I71't0 FJGVS SUBTADT O2,. FEE 1. • UICT.PGRU3113 U1111165 WERE NOT G'CATEE FRP T1-,3 SURVEY. EKCSPTAS NOTED ,TY SVRFAGS Ill33t ,ir,„1,' UNLESS IT BARS T1it S7G1`,AIVAE AND T; 1F OR131RAi. Rn151U SEAL OF PI.pPILF 1.11.10 11 U SU1VR`f0H ;APR MAPPER THIS OKA011ICi, SKE1C1; P1A7 OR Mr3Y:5 FOn INFORMATIONAL EVHP05FS ONLY AJf1 IS,JO''./W •,1.S A V101.Afi01.4 Or THE F:Oi213.. 13,i0..!iE 11', 3.. 11 10 AL I ER INS SUR VF:" W7T,PiUTT'if_3r31T'i:'i.:_ I;':.`,5::,:: J F YN.£ 5JRVSYCIihrt ,.,.,0ES o.l.1,,1'133;..3:7,C TFuS PftOYER=Y %JCi 13S nt,C'Ell FOR ';i :7`7 :'�'=" 77;P FLWU 1115VRnv0l. WFORIUA71011 CGIAMUNI 33 NU'f,16Ei. 12Lti101 PANEL NJa16126 12025 C H101 0.18 f.F FIRM. 2 331ARCIi'1 Ve'. 111061 RATE: 17 307.37 10j`_- FIRM OO#2. 0 FLCOO (;1TY-of .332331 hiuvur 32i1 Gawked .�4 G !P661 Set- .570. TERRRCe22 321410, FL 33112 >11 3a5/022-0?11 606/55. fty of 1a Legislation Ordinance File Number: 07-00391 lea C`yHall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO, 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.40± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on April 4, 2007, Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 07-018 by a vote of nine to zero (9 -0), recommending DENIAL of an amendment to Ordinance No. 10544, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures, subject to §163.3187, Florida Statutes, is hereby amended by changing the land use designation from "Single Family Residential" to "Restricted Commercial" for 0.40± acres of real properties located at approximately 1252, 1262 and 1272 SW 21 st Terrace, Miami, Florida, more particularly described in "Exhibit A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (d) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development; CO! a>f Miami Page 1 of 2 Printed Ow 11/28/2007 Number: 07-003 dLi (e) is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of §420_0004(3), Florida Statutes, and is ocated within an area of critical state concern designated by §388.0552, Florida Statutes, or by the Administration Commission pursuant to §380.05(1), Florida Statutes. Such amendment is not subject to the density limitations of sub -subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under §380.05(6), Florida Statutes; and (f) the proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. (g) this amendment is consistent with any applicable local housing incentive strategies identified in §420.9076, Florida Statutes, and authorized by the City of Miami. Section 4. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood; Florida; and any other person or entity requesting a copy. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(3)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 1 of 2 Printed On: 11/18/2007 LEGAL DESCRIPTION LOT 8 THROUGH LOT 10 INCLUSIVE OF BLOCK 68 OF THE PLAT OF 'EAST SHENANDOAH" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14 AT PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, PART OF FOLIO 01-4139-007-3350 PROPERTY ADDRESS (PER TAX ROLL) 1265 SW 22nci STREET CITY OF MIAMI MIAMI-DADE COUNTY, FLORIDA ZONING FACT SHEET Legistar File ID: 07-00391zc FIRST READING Location: Approximately 1252, 1262 and 1272 SW 21st Terrace [Commissioner Joe Sanchez - District 3] Legal: (Complete legal description on file with the Department of Hearing Boards) Applicant: Ben Fernandez, Esquire, on behalf of lye Group One, LC 200 S Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 Zoning: R-1 Single -Family Residential SD-12 Buffer Overlay District Request: AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 38, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL. Purpose: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. Findings: Planning Department: Recommended denial. Analysis: See supporting documentation. Notes: The Planning Advisory Board recommended denial of the Land Use Change on April 4, 2007 by a vote of 9-0. Zoning Board: Recommended denial to City Commission on May 14, 2007 by a vote of 9-0. Zoning Board Resolution: ZB-07-0042 City Commission: Deferred on October 25, 2007. Continued on December 13, 2007 and January 24, 2008.