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CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY.
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jorge L. Fernandez, City Attorney'"
DATE: August 30, 2007
RE: Ordinance No. 12920 for 399 NE 82 Terrace (FL UM) .Settlement
RECOMMENDATION
It is recommended that the Commission adopt the attached Ordinance amending
the Future Land Use Map of the Miami Comprehensive Neighborhood Plan and
amending Ordinance No. 12920 by changing the land use designation of the property
located at 399 Northeast 82"d Terrace ("Property") from "Medium -Density Multifamily"
to "Duplex Residential" in accordance with the Stipulated Settlement Agreement
(attached).
BACKGROUND
The attached Ordinance is before the Commission pursuant to an Order entered by
the Administrative Law Judge in the case of Livingston, et al. v. City of Miami, Division
of Administrative Hearings Case No. 07-2940 GM. The Administrative Law Judge has
temporarily relinquished jurisdiction to the Commission pursuantto a Stipulated
Settlement Agreement entered into by the Petitioners, the City and the Owner of the
' Property. A copy of the Stipulated Settlement Agreement is attached to this
Memorandum.
In May, 2006, the Owner filed two applications with regard to the Property that
was then zoned R-1, "Single Family Residential" and designated as "Single Family
Residential" on the Future Land Use Map of the Miami Comprehensive Neighborhood
Plan. One application requested that the Property be rezoned from R-1 to R-3,
"Multifamily Medium -Density Residential." The other. application requested a small
scale amendment to the Comprehensive Neighborhood Plan to change the land use
designation of the Property on the Future Land Use Map from "Single Family
Residenti al" to "Medium -Density Multifamily Residential."
On May 24, 2007, the Commission adopted Ordinance No. 12921 rezoning the
Property from the R-1 zoning district to the R-2 "Two -Family Residential" zoning.
district. At the same time, the Commission adopted Ordinance No. 12920 which
approved the application for a small scale amendment and which changed the land use
designation of the Property on the Future Land Use Map from "Single Family.
Residential" to "Medium -Density Multifamily Residential."
MIA MI 1 396698.1 7678424983
Following the adoption of Ordinance No. 12920 three neighboring property
owners ("Petitioners") filed a petition with the Division of Administrative Hearings
challenging the Commission's approval of the small scale amendment. (The ordinance
rezoning the Property to the R-2 zoning district was not challenged). In accordance with
an Order from the Administrative Law Judge, representatives of the City, the Petitioners
and the Property Owner met to discuss the possibility of settling the case. It was
determined by the parties that the amendment of Ordinance No. 12920 to re -designate the
Property from the land use designation of "Medium -Density Multifamily Residential" to
the "Duplex Residential" land use designation would constitute a satisfactory settlement.
Accordingly, the parties have entered into the attached Stipulated Settlement Agreement,
and the Administrative Law Judge has entered an Order temporarily relinquishing
jurisdiction to give the City Commission the opportunity to amend Ordinance No. 12920
and to re -designate the Property to the Duplex Residential land use designation.
M I AM 113 9669 8.1 7678424983