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. EXHIBIT "Au
LECAL-DESCRC.PTION
That Part of Tract -No. 2 of, "PLAT OF PORTION 'OF TJIE
_THi1T
SOUTHEAST 1/4 OF SECTION 31, TO104SNIP, 53 SOUTH.' RANCH 41',EAST,
LYING SOUTH AND SOUTHEAST OF THE TANIAMI CANAL,"
according .to the •PIat thereof, as recorded in Plat Book
28, at 'Page 10, of the Public Records of Dade Co.unty,
Florida; hintt and.bein; in the. City of Miami, Dade
County, Florida; and being more particularly'described
as follows:
Colmence at a'concrete .monument ,set do the pavement of
Northwest 7th Street at the Southeast corner of said
Section 31; thence run N 01038'30"-E along the East line
of said'Seceion 31, the same line bein8..the East line of
said Tract No-- 2. and also coned centerline of Northwest
•
47th Avenue for a distance of 40.02 feet; thence.West
alonY a line being 40.00 feet.North of and parallal with"
the South line of -said Se.ction,-' I.' for a distance of
1510.63 feet; chene`e N 01038'30"°E for a distance of
24S.10 feet to the PAINT OF BEGINNING of the parcel of
land hereinafter described; thence tdesi 'for a distance
of 593.67 feet to a point; thence N 01.,38'30" E. parallel
with the East line -of said Tract�No. 2 for a distance of.
209.40 .feet to a point on a curve of'the South right -of -
war line of TAXIAHI CANAL as platted; thence Northeast-
erlr along the arc of.said curve to the left, being con -
Cave to,the Northwest and having a radius of 1395.08 feet
and s central angle of.2056'41""for an arc distance of
729.11 feet to a point of intersection with a line 1S10.63
feet
West of and parallel with the East line of said Tract No.
2; thence. 01o3t'30" N for a distance of 601.61, feet to
the' Point of Beginning.
0 DISCLOSURE OF OWNERSHIP
Legal description and street address of subject real property.
See attached Exhibit "A"
Theoretical address: 4901 N.W. 81h Street access from 4900 Block of N.W. 7`h Street
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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 corporation's; benefidiaries of trusts,
and/or any other interested parties, together with their addresses and proportionate interest..
Owner: Blue Lagoon Airport Club Apartments,
A Florida general partnership with the following partners:
Jose Milton,'General Partner; Joseph Milton, Cecil Milton and Frank Milton; 25% each.
Legal description and street address of any real property (a) owned by any party listed in answer to
quest
ion #2, and (b) located within 375 feet of the subject real property.
Vicky G/fcia Toledo, Esq., Attorney for Owner
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this 2 day of 2000, by
Vicky Garcia -Toledo, attorney for Owner and who did [did not] take an oath.
Name: %ZR`ty7 4
Notary Public - State of Florida
�" ELIZABETH MA1,Cc 815 G
MY COMMISSION CC 6t5&&8 CC F I �
Commission No.: C� ^7��
E„tt` 9,2003
Banded Thm PPich In EXPIRES: Apol 1nsumm Agency / 20 y 3
My Commission Expires:
y
EXHIBIT "'An
;LEGAL DESCRIPTION
That Part of Tracc No. 2 of "PLAT OF THAT PORTION OF THE
SOUTHEAST 114 OF SECTION 31,., TOWNSHIP .53 SOUTH, RI'W,GE, 41
EAST, LYING SOUTH AND SOUTHEAST OF THE TAHIAM CANAL,'°
according to the Plac thereof,. as recorded in Plat, Book
28, at Vase 10, of the Public Records of Dade County. .
Florida; lyingand beinE in the.City of �jiami, Cade
County, Floria; and being more particularly described
a$ follows:
Commence at a concrete monument set in the pavement of
Northwest 7th Street at the Southeast carnes of said
Section 31; thence irun N 01°36'.30" E alone the East, line
of said Section 31, the same line being the East line of
Said Tract No.,2,.and also toned centerline of Northwest
.47th Avenue for La distance of 40.02 feet; thence best
along a line being 40.00 feet North of and psrallel with
the South line of -said Section 31, for a distance of
1SIO.63 feet; thence N 01033'30" E for a distance of
245.10 feet to the POINT OF BEGINNING'of the parcel of
land hereinafter described; thence Nesj for a distance
of $93.67' feet to "a point; thence N 01- 38., 3o'° E. parallel
'with the East line of. said Tract` No. 2 for a distance of
269.40 feet to a point on a curve of the South right -of -
war line of TANIAHI CANAL as platted; thence Northeast-
erly along the arc o f'.said curve to the left, being con-
cave to the Northwest and having s radius of 1395.08 feet
and a central angle of 290S614111 for an arc distance of
729.11 feet to a point of intersection with a line 1S10.63feet
Nest of and parallel with the East line of said Tract No.
2; thence S. 01036'30" K for a distance of 601.61 feet to
the Point of Beginning.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
}
}ss:
AFFIDAVIT
Before me the undersigned authority, this day personally appeared Vicky Garcia -Toledo, attorney
for Owner, who being by me first duly sworn, upon oath, 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 Zoning Ordinances of the City of Miami,
Florida, affecting the real property located in the City.of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full an 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.
3. That the pages attached hereto and made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal description for the real property of which he/she is the
owner or legal representative.
4. The facts as represented in the application and )ocuments submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged i
by Vicky Garcia -Toledo, attorney for Owner, and who
MARCHENA
my cowsp%Bt58Se
EXpIp AFri1 19, 2003
iX h 3ma�e RsPu P.
Vicky Garcj6 ffoledo, Attorney for Uwner
Notary Public - State of Florida
Commission No.: CC '� 1 ��
My Commission Expires: ,
OWNER'S LIST
Owner's Name: Blue Lagoon Airport Club Apartments a Florida general partnership
A. Vicky Garcia -Toledo, Esquire, Bilzin Sumberg, et al.
Mailing Address: 2500 First Union Financial Center, Miami, FL 33131
Telephone Number: (305)374-7580
Legal Description:
Owner's Name: N/A
Mailing Address:
Telephone Number.
Legal Description:
Owner's Name: N/A .
Mailing Address:`
Telephone Number:
Legal Description:
Any other real estate property owned individually; jointly or severally (by corporation, partnership or privately)
within 375 feet of the subject site is listed as follows;
Street Address Legal Description
N/A N/A -
3
00- 9
CITY OF MIAMI
OFFICE OF HEARING BOARDS
APPLICATION FOR AMENDMENT TO
ZONING ATLAS AND/OR OVERLAY DISTRICT
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY
REQUIRES 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.
NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK.
I, Vicky Garcia -Toledo. Attorney for Owner, 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: 4909 N.W. 8th Street (apyrox .address) access from
4900 block of N.W. 7th Street
yr 2. Folio Number: 01-31.31-031-0040
3. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one
year from the date of the application.
d 4. Affidavit disclosing ownership of property covered by application and disclosure of interest
(see attached form).
.% 5. Certified list of owner of real estate within a 375 -foot radius of the outside boundaries of
property covered by this application.
d 6. At least two .(2) photographs that show the entire property (land and improvements).
f 7. Present zoning designation(s): R-4 High Density Multifamily Residential
d 8. Future zoning designation(s): SD -19 with FAR of 3.3
9. Other (specify and attach cover letter explaining why any document you are attaching is
pertinent to this application).
f 10. Statement explaining why present zoning designation is inappropriate.
The present designation has FAR limitations that -preclude the development of the site and
curtails the best and highest use of the parcel.
f 11. Statement as to why proposed zoning designation is appropriate.
The requested designation will allow the best use of the land and allow a better quality proiect
development making waterfront living available to the residents of the area
d " 12. Recorded warranty deed and tax forms for the most current year available that show the present
owner(s) of the property.
13. Other (specify).
14. Filing fee of $ according to •Section 62-156 of the Zoning Ordinance:
Change of zoning classification to:.
CS, PR, R-1; R-2, per square foot of net lot area: ......................... ..$15
Minimum ................................ .......... :.....:........ 635.00
R-3, R-4, O; GA, HP, per square foot of net lot area: $20
Minimum ................._ . ....... .750.00
C-1, C-2, 1, per square foot of net lot area .. .............:............ $25
Minimum... ................................................ 990.00
CBD and all SD's, per square foot of net lot area: ................... .... ... $30
Minimum .......................... . 1,000.00
Public hearing mail notice fees, including. cost oig
mailing per notice:.................................. $ 3.50
Signature:
Name: Vic 'G ia- Toledo attorney for Owner
Address: 200 SoutV Biscayne Blvd Suite 200
Miami 33131
Phone: 305-350-2409
Date: January 7. 2000
STATE OF FLORIDA }
COUNTY OF MIAMI -DADS }ss:
The foregoing instrument was acknowledged before me this day of rslicense 2000
d
by Vicky Garcia -Toledo. Esq., who is personally known to me or who has prod a valid driv
as identification and who did [did not] take an oath.
; yic"nj EUZASEMIWICHENa _
. MY COMMI62SION # CC 815886 Notary Public / State of Florida
EXPRES: April 19, 2003
Via,' ;h Bmded nw Pic,eb Insumnce Agency Name
Commission No.:
My Commission Expires:
. 2
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Miami Zoning Board
Resolution: ZB 2000-0283
Monday, March 06, 2000
Mr. Juvenal Pina offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED DENIAL
OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 11000, PAGE
28, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-4 HIGH DENSITY
MULTIFAMILY RESIDENTIAL IN ORDER TO ADD SD -19 DESIGNATED F.A.R. OVERLAY DISTRICT
WITH 3.3 F.A.R. FOR THE PROPERTY LOCATED AT APPROXIMATELY 4909 NW 8TH STREET,
LEGALLY DESCRIBED AS THAT PART OF TRACT NO.2 OF "PLAT OF THAT PORTION OF THE
SOUTHEAST 114 OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 41 EAST, LYING SOUTH AND
SOUTHEAST OF THE TAMIAMI CANAL" (28-10), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ZONED SD -19 DESIGNATED F.A.R. OVERLAY DISTRICT.
Upon being seconded by Ms. Ileana Hemande2 Acosta,
the motion was passed and adopted by the following vote:
Mr. George Barket
Ms. Gloria M. Basila
Mr. Charles J. Flowers
Ms. Ileana Hemandez-Acosta
Mr. Osvaldo Moran-Ribeaux
Mr. Humberto J. Pellon
Mr. Fidel A. Perez
Mr. Juvenal Pina
Mr. Ricardo D. Ruiz
Mr. Georges Williams
Ms. Fernandez: Motion carries 5-4
Yes.
No
Yes
Yes
No
Null
Yes
Yes
No
No
AYE: 5
NAY: 4
ABSTENTIONS: 0
NO VOTES: 1
ABSENTS: 0
r
Teresita L. FLyffiandez, Chief
Office of Hearing Boards
Case No.: 2000-0308 item Nbr: 8
Do— %90
10_NATURE AND REQUIREMENTS OF ZONING BOARD
REPORT TO CITY COMMISSION
(CIRCLE APPROPRIATE CONDITIONS)`
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
(n) The proposed change conveys the same treatment to the individual
amendment;
owner as to owners within the same classification and the immediate
area and furthers the protection of the public welfare;
(b) The proposed change is in harmony with the established eland use
pattern;
(o) There are substantial reasons why the use of the property is unfairly
-limited under existing zoning;
(c) The proposed change is related to adjacent and nearby districts; .
(p) Itis difficult to find other adequate sites in the surrounding area for the
(d) The change suggested is not out of scale with the needs of the
proposed use in districts already permitting such.use.
neighborhood or the city;
(e) The proposed change maintains the same or similar population density
(MOTION) After considering the factors set forth in Section 2210 of
Ordinance 11000, I move that the_-requ "Jt to the City
pattern and thereby does not increase or overtax the load on public
,,`recommended
Commission for (APPROV (DENIAL). '
facilities such as schools, utilities, streets, etc.;
(f) Existing district boundaries are illogically drawn in relation to existing ..
conditions, on the property proposed for change;
Si
(g) Changed or changing conditions make the passage of the proposed;
change necessary;
(h) The proposed change positively influences living conditions in the
Agenda Item
neighborhood;
Date
(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;
ANALYSIS FOR ZONING CHANGE
CASE NO. 2000-0308
Yes No N/A.
0
❑
❑
In harmony with Comp. Plan; does not require amendment.
❑
O
❑
In harmony with established land use.
❑
7
❑
Is related to adjacent and nearby districts.
❑
i
❑
Is within scale with needs of neighborhood or City.
❑
O
❑
Maintains similar population. density pattern.
❑
0
❑
Existing district boundaries are illogically drawn.
❑
k
❑
Changes or changing conditions that make change necessary.
❑
W
❑
Positively influences living conditions in neighborhood.
❑
Q
❑
Has- similar impact on traffic; does not affect public safety.
❑
C�1
Has similar impact on drainage.
❑
[-/1
❑
Has similar impact on light and air to adjacent areas.
❑
W
❑
Has similar impact on property values .in adjacent areas.
❑
k
❑
Contributes to improvement or development of adjacent property.
❑
W
❑
Conveys same treatment as to owners within same classification.
O
❑
Property is unfairly limited under existing zoning.
❑❑
❑
Difficult to find other adequate sites in surrounding area.
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
Wig 290
ANALYSIS FOR ZONING CHANGE
Approximately 4909 NW Ste Street.
CASE NO: 2000-0308
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 along Blue Lagoon, located approximately between 49" and 51' Avenues,
from R-4 "Multifamily High -Density Residential" to R-4 "Multifamily High -Density
Residential" with an SD -19 "Designated F. A. R. Overlay District" designating an
F.A.R. of 3.3. (Complete legal description on file with the Hearing Boards Office).
The following findings have been made:
• It is found that the SD -19 "Designated F.A.R. Overlay District" is a district that was
created as an instrument to modify (increase or decrease) the F.A.R.. on specific
properties within the City.
• It is found that the effect of the SD -19 shall be to modify regulations within portions
of other zoning districts included within the SD boundaries to designate properties or
areas of the City with a specific floor area ratio (F.A.R.).
• It is found that the subject property does not have direct access to NE 7`1 Street, and it
is also found that the only access to the property is through an easement that is not
only going to serve the subject property but will also serve the adjacent property; said
easement only allows one lane of traffic in each direction.
• It is found that the subject property has an R-4 zoning designation that allows 150
residential units per acre and it is also found that due to the geographical conditions of
the subject property and the potential development allowed, the increase of the F.A.R.
will results in a massive over -development with all the subsequent negative results.
• It is found that the additional F.A.R. requested in this application will not result in
additional units but will allow for an increase in the square footage of the units.
• It is found that the subject property is of a reasonable size;, and, it is also found that.
given its location along Blue Lagoon and 'a City park the property benefits from
additional F.A.R. that is included in the gross lot area calculation.
• The additional F.A.R. requested is not .necessary to accommodate reasonable
development. The requested additional F.A.R. will only serve to create a massive
amount of developmenton this site that is totally out of scale and character with the
surrounding area.
• It is found that the requested zoning designation change is not inconsistent with -the
underlying land use designation and therefore does not require anamendment to the
Future Land Use Map of the Comprehensive Plan.
Based on these findings, the Planning and Zoning Department is recommending
denial of the application as presented.
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Case Number: 2000-0308
i PZ_8
FIRST READING
ZONING FACT SHEET
06 -Mar -00 Item No: 8
Location: Approx. 4909 NW 8 Street
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Blue Lagoon Airport Club Apartments,LTD
c/o: A.Vicky Garcia -Toledo
2500 First Union Financial Center
Miami, FL 33131
App. Ph: (305) 374-7580
Vicky Garcia -Toledo, Esq.
200 S. Biscayne Blvd.
Miami, FL 33131
Rep. Ph: (305) 350-2409 ext
Rep. Fa ext
Zoning: SD -19 Designated F.A.R. Overlay District
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, R-4 High Density.Multifamily Residential in order to add SD -19
Designated F.A.R. Overlay District (3.3 F.A.R.)
Purpose: This will allow waterfront residential development.
Recommendations:
Planning Department: Denial
Public Works: No comments
Plat and Street Committee: N/A
Dade County Transportation: No comments
Enforcement History, If any C.E.B. Case No: Last Hearing Date:
Found:
Violation(s) Cited:
Ticketing Action:
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History:
Analysis: Please see attached.
Zoning Board Resolution No: ZB 2000-0283
Zoning Board: Recommended denial to City Commission. Vote: 5-4
City Commission: N/A U. U — 290