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HomeMy WebLinkAboutO-12412J-03-550 06/11/03 12 412 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 4100 AND 4114 NORTHWEST 4TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board, at its meeting of May 05, 2003, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 2003-0711, by a five to four (5 to 4) vote, RECOMMENDING DENIAL of a change of zoning classification to R-1 Single Family Residential with an SD -12 Buffer Overlay, as hereinafter set forth; and WHEREAS, after careful consideration of this matter and the request from the property owner, and notwithstanding the Zoning Board recommendation, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami 12412 and its inhabitants to approve 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. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from R-1 Single Family Residential to R-1 Single Family Residential with an SD -12 Buffer Overlay, for the properties located at approximately 4100 and 4114 Northwest 4TH Street, Miami, Florida, as legally described in attached "Exhibit A." Section 2. It is found that this zoning classification 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) is not out of scale with the needs of the neighborhood or the City; Page 2 of 5 12412 (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 value in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 32 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Page 3 of 5 12 412 Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.11 PASSED ON FIRST READING BY TITLE ONLY this 17th day of July , 2003. 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. Page 4 of 5 1241 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of Septemhor , 2003. MANUEL A. DIAZ, ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVEI]/AS/f "FORM AND CORRECTNESS: 7472 O VIL ATTORNEY :YMT:smg Page 5 of 5 12412 EXHIBIT "A" LEGAL DESCRIPTION: LOT .5 6 'LOCK 15 OF O UR HA A-1 TE R li G E SUBDIVISION. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4-4 AT PAGE OF THE PUBLIC RECORDS OF 0A 0,f COUNTY, FLORIDA. PREPARED FOR: CERTIFIED TO: LE JEUNE EXECUTIVE BUILDING.. LIMITED ST /60' 6t' 6'2 FIELD BOOK P.R.M. G2 U. E. 5UE m N PERMANENT CONTROL POINT W.F. WOOD FENCE F.I.P. FOUND IRON PIPE I MEASURE 5.1. P. SET IRON PIPE 1/z" STAMPED R RECORD F.D.H. FOUND DRILL HOLE S.N.D. SET NAIL & DISC TAMPED P.L.S. S.D.H. SET DRILL HOLE F.N.D. FOUND NAIL & DISC C/ 'L CENTER LINE C.B.S. CONCRETE BLOCK STRUCTURE RES RESIDENCE ENC. ENCROACHMENT L. F. E. LOWEST FLOOR ELEVATION CL CLEAR F.F.E. FINISH FLOOR ELEVATION R/W 7 0/M OvER 1-1,CA0 C.K.F. CHAIN LINK FENCE \ No t a port o I this— � _ Zoo_ lo2.v09' 6Z.Oo9 65.009' N. W. -3,-2 57 - LOCATION rLOCATION MAP N.T.S. LLESTATE SURVEYING AND MAPPING,P. a. 8500 S.W. 8 St., Suite 220 MIAMI, FLORIDA 33144 PHONE : (305) 265-8308 FAX : (305) 255-9082 GS' I 25' V WIM WATER Azraii "LEGEND" FIELD BOOK P.R.M. PERMANENT REFERENCE MONUMENT U. E. UTILITY EASEMENT P.C.P. PERMANENT CONTROL POINT W.F. WOOD FENCE F.I.P. FOUND IRON PIPE M MEASURE 5.1. P. SET IRON PIPE 1/z" STAMPED R RECORD F.D.H. FOUND DRILL HOLE S.N.D. SET NAIL & DISC TAMPED P.L.S. S.D.H. SET DRILL HOLE F.N.D. FOUND NAIL & DISC C/ 'L CENTER LINE C.B.S. CONCRETE BLOCK STRUCTURE RES RESIDENCE ENC. ENCROACHMENT L. F. E. LOWEST FLOOR ELEVATION CL CLEAR F.F.E. FINISH FLOOR ELEVATION R/W RIGHT OF WAY 0/M OvER 1-1,CA0 C.K.F. CHAIN LINK FENCE ELEVATIONS SHOWN ARE REFERRED TO: C ITS OF KIAMI,S.E,CoRNER,t1V11.45T. - WW. 39 ^UE..x E(EV. a58 BEARINGS SHOWN ARE BASED UPON FOUNDATION LOCATION FINAL LOCATION I HEREBY CERTIFY: THE .ATTACHED SKETCH OF BOUNDARY SURVEY OF THE ABOVE DESCRIBED PROPERTY IS A TRUE AND CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY DIRECTION AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES. JOB NUMBER 1 2 4 iz5 FIELD BOOK Iq 1 - % Y FIELD WORE: DATE p 0 7- 3/-- / 7 DRAWN DATE 08 -0 i- 97 DATE oB _ o/ - 97 MANUEL FELIPE Professional Land Surveyor Certificate No. 4146 1 . EXAMINATION OF ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING THIS PROPERTY. 2. LOCATION AND IDENTIFICATION OF UTILITIES IF ANY, ARE SHOWN IN ACCORDANCE WITH RECORDED PLAT. 3. OWNERSHIP IS SUBJECT TO OPINION OF TITLE. — TYPE OF SURVEY: "BOUNDARY SURVEY". 5. UNLESS IT BEARS SIGNATURE OF THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID". 5. ALL RIGHT OF WAYS SHOWN ARE PUBLIC UNLESS OTHERWISE NOTED. 7. LANDS SURVEYED AS DESCRIBED 8. NO UNDERGROUND INSTALLATIONS ON IMPROVEMENTS HAVE BEEN LOCATED, EXCEPT AS NOTED. 9. THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED HEREON, REVISIONS 031O5 03 UPDATE 125 ¢8 State of Florida 2 ZZ SUBMITTED INTO THE PUBLIC RECORD FOR ITEM P -o ON 7,17-a�. TYPICAL W,4LL SECTION nrlwo sluceo wr1 TYPICAL IUALL ELEVATION F1.014 RALn•tl�� /110101QIC.. hATAI � IMllul�! VIHIYIHo uew�r recbe � ]�• w . I 09CAPE LEGEND 1bniM1 a.smv rau Re I Rn.eo ro ,.0 olmx AIR. I 6YTM KlAM10 PARKING ON r 4DE a RAMP TO BASEMENT vs . r.o• N 1'M.1H.Y�uM. ..MCTM6 W!!4 — N MAOY q"1•�, . 4%.iN6 RAY®1Pf4 — �1 MAm. TIAL—N� 1 M R201IId 1 VILLA & ASSS�OCIATES 6�c �"` ADDITIONAL PARKING FOR y+ + :L... ... AnaneorulY - YY..OIO•IY. LE JEUNE EXECUTIVE C� Y.. �n � 361 HW 42nd AVE CITY OF MAM FL A-1 ar 7 u f N.1 AM CK . LOCATION MAF--.. N ua.t weRlRncTa w1e eR 1.. YLOCK s O 01MU.1 make' A K � M 0.10[ CC1NIf ROIYDA . .01110. ROCK I Q ml.AI1pYY+eOw e1YDIVNIM' A 41 R.] WOY c011n M1ORDA TYPICAL W,4LL SECTION nrlwo sluceo wr1 TYPICAL IUALL ELEVATION F1.014 RALn•tl�� /110101QIC.. hATAI � IMllul�! VIHIYIHo uew�r recbe � ]�• w . I 09CAPE LEGEND 1bniM1 a.smv rau Re I Rn.eo ro ,.0 olmx AIR. I 6YTM KlAM10 PARKING ON r 4DE a RAMP TO BASEMENT vs . r.o• N 1'M.1H.Y�uM. ..MCTM6 W!!4 — N MAOY q"1•�, . 4%.iN6 RAY®1Pf4 — �1 MAm. TIAL—N� 1 M R201IId 1 VILLA & ASSS�OCIATES 6�c �"` ADDITIONAL PARKING FOR y+ + :L... ... AnaneorulY - YY..OIO•IY. LE JEUNE EXECUTIVE C� Y.. �n � 361 HW 42nd AVE CITY OF MAM FL A-1 ar 7 it ��p r*• L1p CONSENT FORM 1, the undersigned, have read or have had read to me the information applicable to certain requests pertaining to the public hearing application filed on the properties located at 4100- 4114 N.W. 4th Street, Miami, Florida. The property owner, LeJeune Executive Building, Ltd., whose address is 351 N.W. LeJeune Road, is requesting the change of zoning classification from R-1 single family residential to R-1 single family residential with an SD -12 Buffer Overly District to allow additional parking spaces, as provided in the site plan submitted by the applicant. I fully understand that by subscribing my name to this consent form, I am waiving any objection and consent to the proposed construction of the proposed parking lot. I further certify that I have subscribed my name freely and without any duress or apparent misrepresentation on the part of the applicant. Signature:, w. --' Signature: Name: Name: Address: Address: Date:Date: Si nature: g - Name: S" 0 S PV A R Address: 4( 0 Date: �" 1 0,* Signature:T Name: c N • 13, , Ah/ Address: d iUW -34 Date: I- 5" 'P)(� 5 Signature: -- Name: Address: Date: ,� . - c� .3 Signature: Name: ��' , �✓ , Address: Date: --- f -- 3 Signature:... } w' Name: ,>;r Address: i rr , - ,r} i rX' ..2 Date: 7- i; - , t 3'- Signature- Name: ' Signature:Name:-�^.�.. � � � µ'Vi Address: i. zS Date: f- 5 iA!)?.'tted Into the public :.. gt. -crine tion with =`, �tVa A. Tho psora 12412 City Clerk Signature: Name: Address: Date: Signature: Name: Address: Date: Signature: Signatuil Signature: Name: /Y Name: Address: c` :% Address: Date: 3 3 Date: ate: Signature; Signature: Name: �zv x, V- Name: Address: Address: 3 3 /,1-6L Date: Date: Signature: Name: Address: Date: Signature: Name: Address: Date: Signature: Name: Address: -7 Date: Signature: Name: Address: Date: Signature: Name: Address: Date: Submitted Into the public in connection with iternz - 13 on I o 03 i Pii,r,Ala A. Thompson City' Clerk 12412 Signatuil Name: Address: Date: Signature: Name: Address: Date: Signature: Name: Address: Date: Signature: Name: Address: -7 Date: Signature: Name: Address: Date: Signature: Name: Address: Date: Submitted Into the public in connection with iternz - 13 on I o 03 i Pii,r,Ala A. Thompson City' Clerk 12412 CONSENT FORM 1, the undersigned, have read or have had read to me the information applicable to certain requests pertaining to the public hearing application filed on the properties located at 4100- 4114 N.W. 4t" Street, Miami, Florida. The property owner, LeJeune Executive Building, Ltd., whose address is 351 N.W. LeJeune Road, is requesting the change of zoning classification from R-1 single family residential to R-1 single family residential with an SD -12 Buffer Overly District to allow additional parking spaces, as provided in the site plan submitted by the applicant. I fully understand that by subscribing my name to this consent form, I am -waiving any objection and consent to the proposed construction of the proposed parking lot. I further certify that I have subscribed my name freely and without any duress or apparent misrepresentation on the part of the applicAnt. Signature: - Signature: Name: t .o Name: Address: c i NGS / Address: Date: ZZ/ k -as Date: Signature: Signature: Name: Name: Address: Address: Date: Date: Signature: Signature: _ Name: Name: Address: Address: Date: Date: Signature: Signature: Name: Name: Address: Address: Date: Date: cbrnilted Into the public i ayiys.�'A..0 e it0 lQ Prisdia A. Thonipseri City clerk 12412 lolzo 00 I Submitted Into the publi6' connection with on 7-/7,03 A r; c.; N a . T pson City Clerk 12412 June 30, 2003 City of Miami Miami, Florida Re: Zoning Change of the properties @ 4100-4114 N.W. 4th Street to allow additional parking Dear Sir or Madam: The undersigned tenants of LeJeune Executive Building, at 351 N.W. LeJeune Road, respectfully request that the application filed by LeJeune Executive Building, Ltd. to change the zoning from R -I Single Family Residential to R-1 Single Family Residential with an SD -l2 Buffer Overlay District for the above -referenced properties be considered favorably by the City of Miami Commissioners. The LeJeune Executive Building is predominantly a Medical Office Building, which is visited every day by many patients, majority of whom are neighborhood elderlies. This additional parking will not only be a convenience to the Building's occupants and visitors, but it will also have a positive effect on the neighborhood. It should eliminate the cars being parked in front of the neighboring residences. It should also reduce or eliminate the cars from driving around the blocks when the Building's existing parking spaces are full, thus increasing the safety of the neighborhood. We thank you in aadyangq*r your cVppqfttion in this matter. 1 Signatur9� Signature: Print N e: Print Name: Suite No.: A- d t Suite No.: /o Suite N Signature: Print Name Suite No.: /OZ Signature: Print Nam Suite No.: Signature:`-_ z Print Name: Suite No.: ` ___ L. 0 1 J08E: A tif-RrF'P,A, V. ) 351 NW 42"' Ave Staito t0 Miami, Horidq 33126 T€?if 305-640-88710 stJbrrrilited into €ne PUD lit; c onnec;ti�a wi h �Qn 03 priscilla A. Thompson 12412 City Clerk j! Signature: `1 Print Name: Suite No.: Signature: Print Name Suite No.: Signature: Print Nam Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: � Print Name: Signature: ts�_ A _�� Print Name: `C Suite No.: r Signature: Print Name: C11t1'1 Suite No.: Signature: _ t,kPrint Name: (� Suite No.: rJ � Joignaturk-1-- f'�_x _ Print Name: ,g.A 'e • ,,; .-� Suite No.: Signature: I1�0 Print Name: PeOOO ?,O . ►'� Suite No.: _ • Signature: Print NameA-:ra Suite No.: 4z0 -i Suite No.: t6CY1 If Signature:Signatur Print Name: Signature: Signature: Print Name: , ,, Al— Print Name: Suite No.: i t> Suite No.: Suite No.: Suite No.: Signature: .-�'` Signature: Print Name: Print Name: Suite No.: Suite No.: Signature: / Signature: Print Name: ' _: Uri -' Print Nam Suite No.: c Suite No.: Signature:Signatur Print Name: Print Name. Suite No.:Suite No.: Signature: Signature: Print Name: Print Name: Suite No.: Suite No.: r RI A7 /M.n Subm,11"Isd into the public yea a,ic r�� h $ n ray C'las'h Signature: - fl Print Name: �! Suite No.: Signature: Print Name: c.= L Suite No.: % D 3 Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: _ Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: Signature: Print Name: Suite No.: �� ubmilfted Into thP- public conS1ecf, n Ith ./3 on -I 7 0,.E pri dila A. Thorrlpson 12 412 City Clerk ITEM PZ 10 SECOND READING ZONING FACT SHEET Case Number: 2003-0656 05 -May -03 Item 2 Location: Approximately 4100 & 4114 NW a Street Legal: (Complete legal description on file with the Department of Hearing Boards) Applicant: Hamid Bolooki on behalf of LeJeune Executive Bldg., LTD 351 NW 42 Avenue #600 Miami, FL 33126 (305) 643-5040 Zoning: R-1 Single -Family Residential Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations from R-1 Single Family Residential to R-1 Single Family Residential with an SD -12 Buffer Overlay District. Purpose: This will allow extra parking spaces to be used by the adjacent commercial property. Recommendations: Planning & Zoning Dept.: Approval. Public Works: No comments. Plat and Street Committee: NIA. Miami -Dade County No comments. Enforcement History, If any Case No: Last Hearing Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: N/A. Analysis: See supporting documentation. Zoning Board Resolution: ZB 2003-0711 Zoning Board: Recommended denial to City Commission. Vote: 5-4 City Commission: Passed First Reading on July 17, 2003. 12412 ANALYSIS FOR ZONING CHANGE Approximately 4100 & 4114 NW 4t' Street. CASE NO: 2003-0656 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for an amendment to the Zoning Atlas as follows: The request is to change the Zoning designation as follows: A parcel that consists of lots fronting NW 4th Street from R-1 "Single Family Residential" to R 1 "Single Family Residential" with an SD -12 "Buffer Overlay District". (Complete legal description on file with the Hearing Boards Office). The following findings have been made: • It is found that the subject properties are immediately adjacent on the west to a C-1 "Restricted Commercial" designated area. • It is found that the requested change to SD -12 on the subject property is in order to improve the existing parking area to be used as parking for the adjacent C-1 area. • It is found that the requested change will be beneficial to the adjacent area in that it will provide parking for existing commercial uses along NW 42°a Avenue which would otherwise park within the neighborhood, and it will provide new landscaping to the proposed parking area which will beautify and buffer the parking use. • It is found that the requested zoning designation change is consistent with the underlying land use designation and therefore does not require an amendment to the Future Land Use Map of the Comprehensive Plan. Based on these findings, the Planning and Zoning Department is recommending approval of the application as presented. 12412 ANALYSIS FOR ZONING CHANGE Yes No N/A ❑ ❑ Wi S-4 ❑ ❑ � ❑ ❑ W ❑ ❑ C' El a ❑ ❑ V-1 n. ❑ W ❑ C' ❑ ❑ 0 ❑ ❑ F%-,] ❑ ❑ a ❑ ❑ a ❑ ❑ O ❑ ❑ ❑ a ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CASE NO. 2003-0656 In harmony with Comp. Plan; does not require amendment. In harmony with established land use. Is related to adjacent and nearby districts. Is within scale with needs of neighborhood or City. Maintains similar population density pattern. Existing district boundaries are illogically drawn. Changes or changing conditions that make change necessary. Positively influences living conditions in neighborhood. Has similar impact on traffic; does not affect public safety. Has similar impact on drainage. Has similar impact on light and air to adjacent areas. Has similar impact on property values in adjacent areas. Contributes to improvement or development of adjacent property. Conveys same treatment as to owners within same classification. Property is unfairly limited under existing zoning. Difficult to find other adequate sites in surrounding area. 12412 27 DIZ SD -I • • a. y a w sa n is e . m .• 13 I to Lt►�r .l�� z'�:7 ms's so •a :• - s n •• - •. •. .. .• P • as as •• = n AC sobom - .�=t t TA '• .Z , s' s z I� o . N Is ts. n . ro zo' z I zz a z• �'" � si W 001 OR., P �IOPog00 ®000�oom W SomSipQ�!!!m o � 40®eme: eeWIII sm©a dmm �maoom400ao©v 001 OR., �IOPog00 ®000�oom sobom - SomSipQ�!!!m o � 40®eme: eeWIII sm©a dmm �maoom400ao©v 001 OR., ®000�oom i gi- A L I c I 18111H. INN 001 OR., ®000�oom - i gi- A L I c I 18111H. INN 12412 Section 2210. Nature and Requirements of Zoning Board Report to City Commission Circle appropriate condition(s): When pertaining to the rezoning of land under application made under Article 22, the report and recommendation of the Zoning Board shall show that the Zoning Board has studied and considered, where applicable, whether or not: a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby district. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilizes, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. 1) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute 'to the improvement or development of adjacent property in accord with existing regulations. 12412 n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding are for the proposed use in districts already permitting such use. Motion: After considering the factors set forth in Section 2210 of Ordinance 11000, 1 move that the request on agenda item # r be recommended to the City Commission for (approval) enial). Signature Agenda Item Print Name -5/q,03 Date 12412 Miami Zoning Board Resolution No.: 2003-0711 Monday, May 5, 2003 Mr. Allan Shulman offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE CHANGE IN ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 32, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD -12 BUFFER OVERLAY FOR THE PROPERTIES LOCATED AT APPROXIMATELY 4100 AND 4114 NORTHWEST 4TH STREET, LEGALLY DESCRIBED AS LOTS 5 AND 6, BLOCK 15, DURHAM TERRACE (44-55), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Yes Mr. Miguel Gabela No Mr. Joseph H. Ganguzza No Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta No Mr. Carlos Martell Away Mr. Juvenal A. Pina No Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges William Yes AYE: 5 NAY: 4 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 5-4 Teresita L. Femandli6i, Ex cutive SecretaqO Hearing Boards Case No. 2003-0656 Item Nbr: 2 OFFICE OF HEARING BOARDS 444 SW 2nd Avenue, 7d' Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT 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. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. 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 CIT`( COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. I, Hamid Bolooki on behalf of LeJeune Executive Building, Ltd. hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 4100 & 4114 N.W. 4 Street, Miami, Fl. 33126 1. Address of property: Lots 5 & 6, Blk 15, Durham Terr Subdivision, PB 44-55 2. Folio number: 01-4105-008-2280 & 01-4105-008-2290 3. Two 11x17" original current surveys prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 5. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of the subject property (see pages 5 and 6). 6. At least two (2) photographs that show the entire property (land and improvements). 7. An 8'h x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 8. Present zoning designation(s): R-1 Single Family Residential 9. Future zoning designation(s): R-1 Single Family Residential with SD -12 Buffer Overlay Rev. 10/01/02 _ - District 12412 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Statement explaining why present zoning designation is inappropriate. The present zoning does not allow the properties to be used for additional parking spaces. 12. Statement as to why proposed zoning designation is appropriate. The proposed zoning change to add SD -12 overlay/parking special exception will allow additiional parking spaces for the property at 351 N.W.LeJeune Road, Miami, Florida 13. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 14. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, O, G/I, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, I, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 15. What is the purpose of this zoning change? To Provide additional Parking spaces for the building located at 351 N.W. LeJeune -Road,. .Miami,_Y-Iorida 16. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? NO 17. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? NO Rev. 10/01/02 Signature Name Hamid Bolooki Address 351 N.W. 42 Ave. # 600 Miami, Florida 33126 Telephone (305) 643-5040 Date 3 \ s � O 3 2 12412 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrurnent was acmoo led ed before me this � day of 20j�g , by Tl o who is personally known to me or w o has produced as identification and who did (did not) take an oath. (Stamp) �r r�, MpRiA M. MON1 ALVO My Commission # CC 314893 r' o- Earp my May 31.2003 �oi A� yCay sendoe 6 BcndK+9 CO. S.g� 34'40 ARY F1z. STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this 20 , by day of Of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature Rev. 10/01/02 3 12412 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Hamid Bolooki , who being by me first deposes and says: 1. That he/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 which he/she represents, if any, have given their 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 accompanying petition, U including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 351 NW LeJeune. Rd. 4/600, Miami, F1. 33126 (305) 643-5040 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. Hamid Bolooki Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE n i A plicant Signa ure The foregoing instTrnent was kn wle ged before me this � day of 20�, by i� DP2�O CG of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. c _ ���iL� (Stampa MARIAM.MON'TALVO Signature h;v Con;,nission * CC $14393 E*ges: May 31.2003 Co. RY Fla Notary �* b BonQwB Rev. 12/05/01 12412 Owner's Name Mailing Address Telephone Number OWNER'S LIST LeJeune Executive Building, Ltd. 351 NW LeJeune Rd. ;'600, Miami,Fl,Zip Code 33126 (305) 643-5040 Legal Description: Lots 5 & 6, Blk 15, Durham Terrace, PB 44-55, Miami -Dade County, Florida Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Zip Code Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address 351 N.W_ LeJeune Road Miami, Florida Street Address 351 N.W. LeJeune Road Miami, Florida Street Address 351 N.W. LeJeune Road Miami, Florida Rev. 10/01/02 4 Legal Description Polio # 01-4105-078-0010 Lot 1 Blk 1 Nin Sanchez Medina Siib PB 127-82 Legal Description Folio #-GI-4105-078-0020'.. Lot 2 Blk 1 Nin Sanchez Medina Sub PB 127-82 Legal Description Alin �d 01-41 n5-(10R-�q1C) Lot 8 Blk 15 Durham Terr.PB 44-55 12412 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Lots 5 & 6, Blk 15, Durham Terrace, PB 44-55, Miami -Dade County 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. LeJeune Executive Bldg., Ltd. 1007: Madeline Solorzano 33-1/3 Frederick L. Nin, Jr. & Ana Nin 33-1/3 Gisela Sanchez Medina 33-1/3 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. Lots 1 & 2, Blk 1, Nin Sanchez Medina Subdivision, PB 127-82 & Lot 8, Blk 15, Durham Terrace, PB 44-55 Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE a O ner or Attorney for Owner Signature The foregoing irArument w s a kno ledged before me this � day of 20 Q-3 by k1 - 2;5 � Dek of a corporation, on behalf of the corporation. He/She is personally known -to me or has produced as identification and who did (did not) take an oath. (Stam �.,}r MARIA M.MONTALVO My Commission # CC 814893 yEa�oaa' Expires: May 31.2003 1.8M"WARY Fla. Noffiy S-1- 6 Bon6n0 Co. � � Signature Rev. 12/05/01 12412 CORPORATE RESOLUTION I, FREDERICK, L. NIN, do hereby certify that I am the duly elected and acting Secretary of JORME CORPORATION, a Florida corporation (the "Corporation'), as the general partner of THE LEJEUNE EXECUTIVE BUILDING, LTD., a Florida limited partnership (the "Partnership"). The following is a true and correct copy of the Resolution adopted by written consent in lieu of a Special Meeting of the Directors of the Corporation: RESOLVED, that by consent of the Board of Directors of the Corporation, the Corporation and the Partnership have duly ratified and affirmed the following: It is agreed that Hamid Bolooki, as the property manager of the Partnership, be and he hereby is authorized to represent the Partnership and to handle all matters related to the Application for Amendment to Zoning Atlas and/or Overlay District of Lots 5 & 6, located at 4100 and 4114 N.W. 4th Street, Miami, Florida, owned by the Partnership. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary and affixed the corporate seal of the Corporation, this —/ day of March, 2003. FREDERICK L. NIN, Secretary SEAL {W:\Transact\0110\0474/M0116403 v.1; 4!2/2003 01:56 PM} 12412 This instrument prepared by: Manuel M. Arvesu, P.A. -Manuel M. Arvesu, Esq. 201 Alhambra Circle, Suite 502 Coal Gables, Florida 33134 (Statutory Form - FS 699.02) OSR 1'?8658 2003 MAP 25 13:11 DOCSTPDEE 0.60 SURTX 0100 HARVEY RUVINr CLERK DADE COUNTYr FL T"' a ,-r4e rAt Ae. trade this day of February 2003. between Rolando Sanchez Medina and Gisela Sanchez Medina, husband and wife and Maria Del Carmen Nin, a married woman and as Trustee of Maria Del Carmen Nin, Revocable Trust, Patty of the first partJ�de Jeune z ntiv Bn ing, Ltd.. a�FI d Limited Partnership, Part n the cord Pari and whose postofiice address is �7 S'lyi p� A ?ECQ Jf Do .�_ � �3 �1 S� (Whenever used herein, the terms "First Part" and "Second Part" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) YY A;t1l1e44EA: That said Parry of the first part, for and in consideration of the sum of 510.00 and other good valuable considerations receipt whereof is hereby acknowledged, herebygrants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Party of the second Part,. all that certain land situated in Miami -Dade County, Florida, to wit: Lot 5, Block 15. DURHAM TF.RRACF. arcordine to the Plat thereofas record -d in Pl;,t Rnnk A 1, Pngc "_ nfthc ; ubli Records of Miami -Dade County, Florida (Fnr infnrmatinn Oniv: Prnpcnv Apprnker's Parcel Irirntification Numher ie n L+1(1.r i t).q ) .q Sahject moi ('onditions, restrictions, limitations and cascntents of rccortls, ifnny, opphcnblc ruuinc rcgnlaurnts anJ sizes lin the yeas 2tNl t and subsequent years. d bgeAe,k with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO +.axe .aina 4 •H.Au the same in fee simple forever. A/4 the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrents the title to said land and will defend the same against the lawful claims ofall persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2002. q�� p J/R W-A.fi4U YY",kt&e* thesaid grantorhas signed and sealed these presents the dayand year first above written. Signed, sealed and delivered in the presence cof. 26 W1010sAfJoello M.. LL /-a AR�c o a5 F" Print Witness Nome Y." WijIATE LO <<�A Print Wi ^' tot ;i�ARV:EY�RZVRC 9R�fee tors o" eon --� aC 20� "f C .Cta Pat. •.,•.;,�.. armen Nin, Individually and as Trustee CLEU a ata Cos"ry C`WMS ° MariaDdCarmenNi RevocaSTATE DA •��COUNTI(- ADE ay k 4%teb Ce7rri�� . The foregoing instrument was acknowledge before me this .2- day ofFebruary2003, by R01211du Santhei Medina and Gitida Sanebea Medina, husband sari wife and Maria Uel Carman Nin, a married woman and as Trustee of Maria Del Carmen Noy Revocable Tt ust, who is pasonaifv known to me and/or produced Ass idd-eennt-i/f�rkAdon and who dididid not take an oath. jOIN VWO A Rirar.rrw.,oLcc i I %�7 JtfWC � r_;•_ �tlaw Fasir., rm.r31.XIU 12412, t4l�stittrie*r w tiaw+�a+tea. I hIx nrvurunenl prepared M Mantel M. Armo, 1' A Manuel M. Arvesu. Esq 201 Alhambra Circle, Suite 502 Coral Gables, Florida 33134 (Statutory Form - FS 689.02) Ct 3 R JL 9$ 6 57 2003 MAR 25 13: 11 DOCSTPDEE 990.06 SURTX 0.0 HARVEY RUVIN, CLERK DADE COUNTY, FL AI TPt.,� J, e v -Jt Ae, made unray of February 200 3, beaveenGisela Sanchez Dtedina, a married Homan and Maria Del Carmen Nin, a married woman and as Trustee of Maria Del Carmen Nin Revocable Trust, Party of the first part to Le Jeune EX utive uilding, L d.. a]Florida Limited Partnership, Parry *1 1, econd Part and whose postoffice address is: �B I t u f o #boo .menu 3 la (Whenever used herein, the terms "First Part" and "Second Part" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) That said Parry of the first part, for and inconsideration of the sum of $10.00 and other good valuable considerations receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Party of the second Part, all that certain land situated in Miami -Dade County, Florida, to wit: Lot 6, Block 15, DURHAM TERRACE, according to the Plat thereof as recorded in Plat Book 44, Page 88 of the Public Records of Miami -Dade County, Florida (For Information Only: Property Appraiser's Parcel identification Number is 01 q1t g,Qo8Ae2%r7 ) This property does not constitute the homestead of the Grantor nor does any contiguous land thereof. The Grantor resides at Gisela Sanchez Medina: 6 5 & D cz "%4_ �Q Maria Del Carmen Ni O SU) Subject to: Conditions, restrictions, limitations and easements of records, if any, applicable zoning regulations and taxes for the year 2003 and subsequent years. TO too with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 76 p ,e1ye, .114 6 oo�nO(, 1110 annr0In Ice NingdO forever ATa the grantor herebycovenants with said grantee that the grantor is lawfully seized of said tand in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free ofall encumbrances, except taxes accruing subsequent to December 31, 2002.. 9,7, 1,YY-/ A1*,4 D r hasignedp resents the day and year first above written. .j ;.. 1lrp pF;+vr`FIllYfvrnnt ti -,a .+rrnr r,•`y `,.'N.� r' \ Signed, sealed and delivered "" r. 5- jr 1 r in the eppresence of. 1 01 /% a ER , Crrcun and County CCU _DG �Wi !, r G 1 `0 d it?�E;A M �t'O/a: ,5r /Z� Address: O , /, of -i.,• Witness Name A 1� 3 3 1 2 G • �%%ue�rw�r �• ��INIX�y Maria Del Carmen Nin, Individually and as Trustee X499i 141 44W Lilp Of the Maria Del Carmen Revocable Trust Pri Witness N e Address: flo. 130 x 1,4'-3037 A.GYu.a G N I A �. de(P.a ,lla Coxa �a d 3Q STATE OF FLORIDA ) COUNTYA OF MIAMI DADE ) fLeheg-044k• The foregoing instrument was aclrnowledge before me tlti$ clay ofFebruary 2003, by Gisela Sanchez Medina, a marrie®nttratad.OQ;�ia Del Carmen Nin, s married woman and as Trustee of Maria Del Carmen Nines Tt .w o 1jo� and/or produced A t hoaid/did not take an oath. W/. 12 412 Myt,m(akdoo CC814893 Nine 18r4treaalry'f1,7001 ,aooaecrarr warrorraw�+e,asaebpeo. NOTARY PUBLIC