HomeMy WebLinkAboutM-96-025194-1004
1 16/94
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
RDINANCE OF THE CITY OF MIAMI, FLORIDA,
A CLE 4, SECTION 401, SCHEDULE OF DISTRICT
RE LATIONS, BY CHANGING THE ZONING
CLA IFICATION FROM R-2 TWO-FAMILY
RESID TIAL TO R-3 MULTI -FAMILY MEDIUM-
DENSIT RESIDENTIAL FOR THE PROPERTY LOCATED
AT 2537 543 SOUTHWEST 11TH STREET, MIAMI,
FLORIDA ( ORE PARTICULARLY DESCRIBED HEREIN);
AND BY NG ALL THE NECESSARY CHANGES ON
PAGE NO. 39 F SAID ZONING ATLAS; CONTAINING
A REPEALER ROVISION AND A SEVERABILITY
CLAUSE..
WHEREAS, the Miami Zonng Board at its meeting of
November 7, 1994, Item No. 8, following an advertised hearing,
adopted Resolution No. ZB 119-94, by a nine to zero (9-0) vote,
RECOMMENDING DENIAL of a change of Zoning classification, as
hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, and notwithstanding the recommend&pion of denial by
the Zoning Board, deems it advisable and in the b st interest of
the general welfare of the City of Miami and its i ,habitants to
grant this change of zoning classification as herein fter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE NrITY
OF MIAMI, FLORIDA:
DENZED BYjjq 5 _ 251
Y,10TrON NO
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
hereby amended by changing the zoning classification from R-2 Two
Family Residential to R-3 Multi -Family Medium -Density Residential
for the property located at 2537-2543 Southwest 11th Street,
Miami, Florida, also described as TRACT "A" OF "MAR -VA PARK"
SUBDIVISION, according to the Plat thereof, as recorded in Plat
Book 115 at Page 31 of the Public Records of Dade County,
Florida.
Section 2. It is hereby found that tnis 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;
(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;
95- 251
-2-
(i)
will
not
create a drainage
problem;
(j)
will
not
seriously reduce
light and air to adjacent
area;
(k) will not adversely affect property values 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. 39 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 hereby 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 hereby 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 after
final reading and adoption thereof pursuant to Section 163.3189,
Florida Statutes (1993).
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1995.
95- 251
-3-
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of
ATTEST:
MATTY HIRAI
CITY CLERK
REPARED AND APPROVED BY:
�111P al
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Wz'
1
A QU N J , II
CITY TTO Y
GMM/ms/M2 99
, 1995.
STEPHEN P. CLARK, MAYOR
95- 251
-4-
• ZONING FACT SHEET PZs112
LOCATION/LEGAL 2537-2543 S.W. 11th Street.
(Complete legal description on file with the Hearing Boards Division).
APPLICANT/OWNER Jose E. Valdes and Vicky Leiva, Esq.
Maria J. Valdes
2129 W. Flagler Street 701 Brickell Ave., Suite 1850
Miami, Florida Miami, Florida 33131
642-6952 347-3818
ZONING R-2 Two -Family Residential.
REQUEST Change of Zoning as listed in 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, from R-2 Two -Family Residential to R-3 Multifamily
Medium -Density Residential.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 93-1741 Last Hearing Date: 05/11/94 Found: GUILTY
Violation(s) Cited: Work completed without a permit, building and/or roofing, etc.; Illegal units;
Graffiti on property.
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: Ordered to comply by 05/11/94 or be fined $150 per diem.
HISTORY A Conditional Use was granted on 10/18/82 for a Planned Unit Nature (PUN) of 8 dwelling units
in 4 structures by Res. ZB 184-82. On 9/21/94, the request was denied by Res. PAB 42-94 with a
vote of 9-0. On 10/17/94, the Zoning Board continued the item to 11/7/94 by Res. ZB 95-94 with
a vote of 8-0.
ANALYSIS The requested zoning change from R-2 Two -Family Residential to R-3 Multifamily Medium -Density
Residential is going to increase the capacity and potential for parking and traffic problems
within a stable duplex residential area. Based on these findings, the Planning, Building and
Zoning Department is recommending denial of the application as presented.
ZONING BOARD Recommended denial to City Commission. (Res. No. 119-94)
APPELLANT N/A.
CITY COMMISSION Cont'd. to 3/27/95.
APPLICATION NUMBER 94- 291
Page 1 November 7, 1994 9 5 -'- 251
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 94- 291
Yes No N/A
X The proposed change is in harmony with the adopted Miami Compre-
hensive Neighborhood Plan, 1989-2000, and does not require a plan
amendment.
X The proposed change is in harmony with the established land use
pattern.
X The proposed change is related to adjacent and nearby districts.
X The change suggested is within scale with the needs of the neigh-
borhood or the City.
X The proposed change maintains the same or similar population
density pattern and thereby the load on public facilities such as
schools, utilities, streets, etc. is the same.
X Existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
X There are changes or changing conditions that make the passage of
the proposed change necessary.
X The proposed change positively influences living conditions in
the neighborhood.
X The proposed change has the same or similar impact on traffic and
does not affect public safety as the existing classification.
X The proposed change has the same or similar impact on drainage as
the existing classification.
X The proposed change has the same or similar impact on light
and air to adjacent areas as the existing classification.
X The proposed change has the same or similar impact on property
values in the adjacent areas as the existing classification.
X The proposed change will contribute to the improvement or deve-
lopment of adjacent property in accord with existing regulations.
X The proposed change conveys the same treatment to the individual
owner as to the owner within the same classification and the
immediate area; and furthers the protection of the public welfare.
X There are substantial reasons why the use of the property is
unfairly limited under existing zoning.
X It is difficult to find other adequate sites in the surrounding
area for the proposed use in districts already permitting such
use.
November 7, 1994
95- 251
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Mr. Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
RESOLUTION ZB 119-94
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF '
THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED DENIAL TO
THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ZONING ATLAS OF THE ZONING ORDINANCE 11000,
PAGE 39, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY
LOCATED AT 2537-2543 SW 11 STREET LEGALLY DESCRIBED AS
TRACT "A" OF "MAR -VA PARK" SUBDIVISION (115-31) PUBLIC
RECORDS OF DADE COUNTY; ZONED R-2 TWO-FAMILY RESIDENTIAL.
Upon being seconded by Mr. Henry Crespo
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messers. Moran-Ribeaux, Crespo, Milian,
C rman, Luaces & Sands.
NAYES: N ne.
ABSENT: Mr. Barket.
Ms. Fernandez: Motion carries 9-0.
November 7, 1994 Item# 8
Zoning Board
95- 251
`:Mr �� /__ f t_ 1(.'_: ,1 ?511�1[.J.:,IA f' N,N, :f_Crl ��f:_. �1 NY►f1„1 \Y �;._
When pertaining to the rezoning of land under application made under section 2202.1(e), the
report and reoanoerdations 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 lard use pattern;
(c) The proposed change is related to adjacent and nearby districts;
(d) The change suggested is not cut of scale with the rids of the neighborhood or the
city;
(e) The primed charge maintains the same or similar population density pattern and
thereby does not increase or overtax the load an public facilities such as schools,
utilities, streets, etc.;
(f) 5dsting district bo uidaries are illogically drawn in relation to existing
conditions on the property proposed for charge;
(g) Qia ged or dumgirig conditions make the passage of the proposed change necessary;
(h) The proposed charge positively influences living conditions in the neighborhood;
(i) The proposed charge has the sae 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 sae or similar impact on drainage as the existing
classification;
(k) 'Ile proposed dugp has' the same or similar impact on Light and air to adjacent
areas as the existing classification;
(1) 'lhe proposed charge has the same or sindlar impact on property values in the
adjacent area as the existing else®ificatjon;
(m) The proposed die will contribute to the improvement or development of adjacent
property in accord with existing regulations;
ari ons;
(a) The proposed dLw4@m conveys the sae treatment to the individual owner as to owners
within the same classification and the IrmMiare area and furthers the protection
of the public welfare;
(o) '!here are substantial reasons ;,by the use of the property is unfairly limited under
e2dating fig;
(p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
(MOTION) After aoneidering the factors set forth in Section 2210 of Ordinance 11000, I move that
the rsquee o� item �) be teoded to the City Conrad ion for
(app (denial•).
signature
Item
4'
I
Date
•
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number 92-
I, JOSE E. VALDES AND MAR^!IA J. VALDES 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:
X I. Address of property: 2537-2543 SW 11 Street
X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor.
3. Affidavit disclosing ownership of property covered by application and disclosure of interest.
(See attached form.)
4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of
property covered by this application. (See attached forty(.)
5. At least two photographs that show the entire property (land and improvements.)
X 6. Atlas sheet(s) on which property appears: _ Page 39
7. Present zoning designation(s): R - 2
8. Proposed zoning designation(s): R - 3 _
9. Statement explaining why present zoning designation is inappropriate. (See attached form.)
10. Statement as to why proposed zoning designation is appropriate. (See attached form.)
11. Other (Specify)
12. Filing fee of $ according to following schedule:
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area ............. $ 0.12
Minimum....................................................... $550.00
R-3, R-4, 0, GJI, per square foot of net lot area ............. $ 0.16
Minimum....................................................... $650.00
C-1, C-2, I, per square foot of net lot area .................. $ 0.20
Minimum....................................................... $750.00
C8D and all SD's, per square foot of net lot area ............. $ 0.22
Minimum ....................................... .. .. .. .. $850.00
Signature:
Nam: A. Vicky Leiva, Esq.
Eckert Seamans Cherin & Mellott
Address. 701 Brickell lye., S„i to 1850
Miami, Fl 33131
Phone: 347-3818
STATE OF FLORIDA } SS:
COUNTY OF DADE }
. . being duly sworn, deposes and says that he is the (Q~)(Authorized Agent for
Owner) of the real property Aescribed in answer to question 1 above; that he has read the foregoing answers
and that the same are true and complete; and (if acting as agent - hat he has authority to execute
this petition on behalf of the owner.
(SEAL)
SWORN TO AND, SU8�08ED f '� '� 5
before me this'2 day of�- .� 19 ",i IC1FL t�c.frait � 251
('113 Dit
MY COMMISSION EXPIRES: COMNI 610N tqQ* iW`�ifubl c, State of Florida a e
? IY CC)MM(S.S?ON EXP. MAR 24.19,8
,AFFIDAVIT
STATE OF FLORIDA }
} Ss
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Jose E. Valdes , who being by me first duly sworn, upon oath, deposes
and says:
1. Thet he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public- hearing as required by
Ordinance 11000 of the Code 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 represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion 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, phone numbers and legal descriptions
for the the real property of which he 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.
Xj-,�-(SEAQ
(Name) ose E. Valdes
Sworn to and Subscribed before me
this day o
7•T `C"iiAYE OF FLORIDA
`'0. CC359211
s =' NMR.24,1998 9 5 — 251
Notary u 1 ic, State of da at Large.-=------ --.-....... _ ..
My Commission Expires:
.AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Maria J. Valdes who being by me first duly sworn, upon oath, deposes
and says:
1. Thht he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code 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 represents, if any, have given their full
and complete permission for his to act in their behalf for the change or modifica-
tion 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, phone numbers and legal descriptions
for the the real property of which he 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.
Sworn to and Subscribed before me
this' day of 19
Notary—Mlic, State of F`leriada at
(SEAL)
(Nam) ari . Valde
rr.Oy 5
1 C) L GF FLORIDA
-t_3:)9211
11,19"
95- 251
My Commission Expires:
a
0WNER'S LIST
Owner's Name Jose E. Valdes
Mailing Address 2129 W. Flagler Street, Miami, Fl
Telephone Number 642-6952
Legal Description:
Maria J. Valdes
Owner's Name
Mailing Address 2129 W. F1_ agler Street, Miami, F1
Telephone Number 642-6952
Legal Description:
Owner's Nase
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet df the subject site,is listed as follows:
Street Address Legal Description
Street Address
Street Address
Legal Description
Legal 0escrlptian '
95- 251
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
2537-2543 SW 11 Street, Miami, F1.
Tract "A" of "MAR —VA PARK" according to the Plat
thereof as recordejd in Plat Book 115, at page 31,
of the Public Records of Dade County, Florida:
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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 02 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Jose E. Valdes and Maria J. Valdes
j?,nanh by foe err-1;mh,4x) /00/-) 064"er"0i)
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question f2, and (b) located within 375 feet of the subject
real property.
N/A
STATE OF FLORIDA } SS:
COUNTY OF DADE }
jem_ /01
�. OWNER 0RxAiriORM9x6OitaO1dV6
'Jose E. Valdes
being duly sworn, deposes and says that he is the
(OwnerI (Attorney for Owner) of the real property described in answer to question fl,
abo�ve; that he has read the foregoing answers and that the saot are true and complete;
and (if acting as attorney for owner) that he has authority to 4xecute the Disclosure
of Ownership form on behalf of the owner.
SWORN TO AND SUOIR ED
befor this
day o 1
MY COMMISSION EXPIRES:
Le� ' (SEAL)
(Name)
_ CF r-0F
yCr„ U. CC-92t1
tii':'i.'--N MAR-34,
Large
,J8 17
95- 251
DISCLOSURE OF OWNERSHIP
1. Legal description and street agdress of subject real property:
2537-2543 SW 11 Street, Miami, F1.
Tract "A" of "MAR —VA PARK" according to the Plat
thereof as recordeld in Plat Book 115, at page 31,
of the Public Records of Dade County, Florida:
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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 02 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Jose E. Valdes and Maria J. Valdes
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 12, and (b) located within 375 feet of the subject
real property.
N/A
OWNER Ed'x "1a
Maria J. Valdes
STATE OF FLORIDA } SS:
COUNT OF DADE }
11 C, J6ACLeC,_, being duly sworn, deposes and says that he is the
(Owne ) (Attornfor Owner) of the real property described in answer to question tl,
above; hat he has read the foregoing answers and that the saw are true and complete;
and (if acting as attorney for owner) that he has authority to 4xecate the Disclosure
of Ownership form on behalf of the owner.
SWORN TO AND SUBSgRipgo
before me this
day o , 19
MY COMMISSION EXPIRES:
/r
(SEAL)
r
j.Pu�bl.-i-c,- State of`P�er�ida at Large
ut'i'1G[AL N
:
S
11TS DIA
":O?1RY FU rA�
FLORIDA
`�C9211OF21998R. 4,
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251