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HomeMy WebLinkAboutO-12122J-01-584 7/16/01 r: 12 1 1,12� 2 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 27 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 "SINGLE FAMILY RESIDENTIAL" TO G/I "GOVERNMENT AND INSTITUTIONAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 750 AND 760 NORTHWEST 41sT AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A. REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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, Page 12, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from R-1 "SINGLE FAMILY RESIDENTIAL" to G/I "GOVERNMENT AND INSTITUTIONAL" for the properties located at approximately 750 and 760 Northwest 41St Avenue, Miami, Florida, more particularly described as Lots 7 and 8, Block 3, WHITEHEAD & BLAIR SUBDIVISION of the Public Records of Miami -Dade County, Florida. 112.22 0 Section 2. It is found that the proposed change is consistent with the intent of the area and will not impose an adverse impact on the adjacent community. It is also found that the change: (a), conforms 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) will not materially alter the population density pattern or increase or overtax the load on public facilities such as the said school; (e) is necessary for consistency with thecurrent zoning and the actual use of the properties; Section 3. Page No. 27 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 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed.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. Page 2 of 3 0 . Section 6. This Ordinance shall become effective simultaneously with its companion Comprehensive Plan amendment (Ordinance No. ), which takes effect thirty-one (31) days after final reading and adoption thereof pursuant to §163.3187 (3) (c) , Fla. Stat. (2001) . " PASSED ON FIRST READING BY TITLE ONLY this 26th day of July , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE.ONLY this 25th day of September 2001. JOE CAROLLO, MAYOR In accordance with W: mi Codi Sec. 2.36, .:ince �h�e Mayor did not indicate apnrav2 l ®1 this legislation by signing it in the dessignalted i,)wvidrad, Said 1e01<i';on r:uYa becomes effective with the ela; rso of tern (10) day cm tl��F� cri C�;t+trn5� . n �wkzcr� regarding same, without the Mayercit4 ' , City Clerk ATTEST: WALTER J. FOEMAN CITY CLERK _ FORM CORRECTNESS:V ` )r ATTORNEY or 094 -X : OR1dp : BSS 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 3 of 3 1 122, APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PZ -12 ® SECOND READING PLANNING FACT S" iEET City of Miami Department of Fire -Rescue June 13, 2001 Consideration of amending the Atlas of Zoning Ordinance 11000. (Complete legal descriptions on file with the Hearing Boards Office). PETITION Consideration of amending the Zoning Atlas of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending the zoning designation for the properties located at approximately 750 and 760 NW 411t Avenue from R-1 "Single -Family Residential" to G/I "Government and Institutional'. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. See attached analysis. PLANNING ADVISORY BOARD Approval VOTE: 5-0 CITY COMMISSION Passed First Reading on July 26, 2001. APPLICATION NUMBER 01-029 Item #2 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305)41&1400 Date: 6/11/2001 Page 1 12122 ANALYSIS FOR ZONING CHANGE REQUEST Case No. 2001-029 Approximately: 750 and 760 NW 41" Avenue from R-1 "Single - Family Residential" to G/I "Government and Institutional Pursuant to Article 4,. Section 401 and Article 22 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the proposal has been reviewed for an amendment to the Zoning Atlas. The following findings have been made: • It is found that the subject properties are immediately adjacent to the Fire Station No. 10 and it is also found that the purpose of this application is in order to expand the Fire Station. • It is found that the requested change to G/I "Government and Institutional" designation is a logical extension in order to expand the station to provide better service. • It is found that the G/I "Government and Institutional" designation requires a Special Exception Permit for the introduction of any new use or for expansion of 20% or over of any existing use, therefore, review for design and appropriateness will be conducted as a safeguard to adjacent residential areas. Based on these findings the Planning and Zoning Department is recommending approval of the application as presented. 1 12122 RESOLUTION PAB -51-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION TO AMEND PAGE NO. 27 OF THE ZONING ATLAS FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 750 AND 760 NORTHWEST 41ST AVENUE FROM R-1 SINGLE FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL. HEARING DATE: June 13, 2001 ITEM NO. 2 VOTE: 5-0 ATTEST: ela c , Director Planning and Zoning Department 12122 LEWIS TFc. ., a c~ TRACT S ' i i n W 12 P st N N•W. oC1 MrIRCIAL Cl LATER 2+ '! 2 it .. I] � �r••c,'i lo•a •< I Zs •A 11A 12a IIA "� 3 � �.. a 2 I _ • •" 0 >o 12 go- R COMMON �O�gOOA ^ r - - COFt EN '1ptaJ S B• -3.A. 19 s i0 a Lellmlill 119 1 a • 1 7 1 mo Z � IT 16 1 4 1 I6 7 5 6 DEE l A HOZ S')8. IAJ 16 1S y e n a ' i i n W 12 P st N N•W. oC1 MrIRCIAL Cl LATER 2+ '! 2 it .. 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I q a 1x • 1 'L 12 r a 7 • 3 2 1 t e • 1 2 E I I a T! 1 • t• '• Z e ] 8 2 ie z 7- k \ �' a • 9 It, 1 , 2 17 la Z t • f Ip I I R 12 TOW!", 1 e — , z c -4 W60, w lot won WW' lia —7t t Ow no's lot W60, w lot won WW' CITY OF' MIAMI OFFICE OF HEARING BOARDS 444 SW 2nd Avenue, 7"' Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT fffffffffff►fffyfff/ffflM*idr*rftMff/Mf*lffff4?!f?fMff*1'R ffff�ff�'�fffff �+'fk►ffMfHMfHfffff 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. 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. 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 CITY COMMISSION. ffffrffrfffefrfffftffffrfrfs*+etifewswaefs,►fftffstsfffsesssr*i+rsssr►sf+�rrs�sis*sfsww +fsfs►+►.*f►rrf�fteeMree�+fef 1, Carlos A: Gimenez, City Manager on behalf of the City of Miami 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): 1. Address of property: 750 & 760 NW 41 Avenue 2. Folio number: 01-3132-013-0480 & 01-3132-013-0470 3. Two original surveys prepared by a State of Florida Registered Land Surveyor within one year 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'/z 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 Residence 9. Future zoning designation(s): G/I, Government and Institutions 12122 2 12122 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. Property is currently zoned for single family use which is not appropriate for the current plans for rebuilding a.Fire Station. 12. Statement as to why proposed zoning designation is appropriate. G/I Zoning is appropriate for this. type of a facility. 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: Changeof 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 sgware 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 Signature Name .', Car�A.Ginez Address 444 SW 2nd Ave., 10th Floor Miami, Florida 33130 Telephone 3051 416-1025 Date 2 12122 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by who is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature *,►,�*.,►,,►.** ********** STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this J day of ��--- 20 O t ,by Carlos A. Gimenez of City of Miami a muni al corporation of the State of.Florida. corporation, on behalf of the corporation. Q/She is persorially knowo to mg—Dr has produced as identification an who did (did no a an oath. Catherine Pastor (Stamp) `' "Notary Public, State of Florida Signature "•o Commission No. CC 655324 < "OFF tP MY Commission Exp. 06!122001 1 -800 -3 -NOTARY . Fla Nouuy Service It HoodinS Co. STATE OF FLORIDA COUNTY OF MIAMI-DADE 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 3 .414 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Carlos A. Gimenez 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 j or regulation of zoning as set out in the accompanying petition, M including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she'should be contacted at (305) 416-1025. 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. Carlos A. Gimenez Applicant Name STATE OF FLORIDA . COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 o ,by Carlos A. Gimenez of City of Miami a munici al corporation of the State of Florida corporation, on behalf of the corporation. /She is personall known to , me or has produced as idents kation an ho did (did no ce an oath. (Stamp) Signature ^a.therine Pastor < N, "rte of Florida < %: I.800.3•NQTAAY. FILMoar;: �;. :. : • .,. OWNER'S LIST Owner's Name City of Miami . • Mailing Address 444 SW 2 Avenue, 10th Floor Zip Code 33130 Telephone Number (305) 416-1025 Legal Description: Whitehead & Blair Sub PB 44-78, Lot 7 & 8 and Alley lying So. of & contiguous to Lot 8, Block 3. Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name 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 Legal Description 4101 NW 7 Street Lots 9 & 10, Block 3 & 20' Alley Miami, Florida lying N & contiguous Whitehead & B air SuG PB 44-78 Street Address Legal Description Street Address Legal Description 4 12122 l DISCLOSURE OF OWNERSHIP 1. Legal description and street address. of. subject real property - All of Lots 7 & 8 of Block 3 of Whitehead and Blair Subdivision, according to the plat thereof, as 'recorded in Plat Book 44, at Page 78,, of the Public Records of Dade County, Florida. 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 k requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. City of Miami, 100% interest 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. 4101 NW 7 Street, Blair Subdivision, 44, at Page 78, of Lots 9'& 10, Block 3, according to the Plat the Public Records of Carlos A. Gimenez Owner or Attorney for Owner Name STATE OF FLORIDA COUNTY OF MIAMI-DADE and 20 ft. alley of Whitehead and thereof, as recorded in Plat Book Dade CountyXrida. Ow r or om€y��Owner Signature The foregoing instrument was acknowledged before me this day of� 20U by Carlos A. Gimenez of City of Miami a munici al corporation of the State of Florida corporation, on behalf of the corporation. he is personally known to me or has produced as identification an w o l l not) take an oath. (Stamp); o��aYP6e, Catherine Pastor < Signature n Notary Public, State of Florida ` <; fo Commission No. CC 655324 < hOFI My Commission Exp. 06/12x2001 j • i; 1.800.3 -NOTARY . Fla Nonry Service S Hooding Cc. ` . r 12122