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HomeMy WebLinkAboutM-95-0338-95-254 X5/95 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING \ORDINANCE OF THE CITY OF MIAMI, FLORIDA, A TICLE 4, SECTION 401, SCHEDULE OF DISTRICT R ULATIONS, BY CHANGING THE ZONING CLA 1FICATION FROM R-3 MULTI -FAMILY MEDIUM DENS Y RESIDENTIAL TO C-1 RESTRICTED COMMER IAL, AND SD-9 BISCAYNE BOULEVARD NORTH OVERLAY ISTRICT FOR THE PROPERTY LOCATED AT 615 NORT AST 62ND STREET AND 620 NORTHEAST 63RD STC ET, MIAMI, FLORIDA (MORE PARTICULARL DESCRIBED HEREIN); AND BY MAKING ALL THE NECE ARY CHANGES ON PAGE NO. 14 OF SAID ZONING ALAS; CONTAINING A REPEALER PROVISION AND A�EVERABILITY CLAUSE. WHEREAS, the Miami Zonint, Board at its meeting of March 6, 1995, Item No. 3, following �� advertised hearing, adopted Resolution No. ZB 023-95, by six to one (6-1) vote, RECOMMENDING DENIAL of a change of oning classification, as hereinafter set forth; and WHEREAS, the City Commission, after car ful consideration of this matter, and notwithstanding the decisi•n of the Zoning Board, deems it advisable and in the best interes of the general welfare of the City of Miami and its inhabitants grant this change of zoning classification as hereinafter set for ; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF E CITY OF MIAMI, FLORIDA: DEXIEL BY =TIOrr N09 5 - 338, 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-3 Multi -Family Medium Density Residential to C-1 Restricted Commercial and SD-9 Biscayne Boulevard North Overlay District for the property located at 615 Northeast 62nd street ana 620 Northeast 63rd Street, Miami, Florida, legally described as Lots 5 and west 1/2 of Lot 7, Block 1, "SECOND AMENDED PLAT OF FALLESAN PARK", as set forth in Plat Book 4 at Page 19 of the Public Records of Dade County, Florida, and Lot 3, Block 2, "KNIGHTS ADDITION TO LEMON CITY" as recorded in Plat Book "A" at Page 26 of the Public Records of Dade County, Florida. Section 2. It is hereby 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; (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; 95- 338 -2- (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 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. 14 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. i 95- 338 j -3- 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. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1995. ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GMM/sls/M2137 -4- STEPHEN P. CLARK, MAYOR 95- 338 Pa. ZONING FACT SHEET LOCATION/LEGAL 615 NE 62nd Street and 620 NE 63rd Street. (Complete legal description with the Hearing Boards Division). APPLICANT/OWNER Yeong Yuh Shen and Yu Ching Fu Shen 6201 Biscayne Boulevard Miami, Florida 33150 758-9914 ZONING R-3 Multifamily Medium -Density 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 and Article 6, Section 609, SD-9 Biscayne Boulevard North Overlay District, from R-3 Multifamily Medium -Density Residential to C-1 Restricted Commercial and SD-9 Biscayne Boulevard North Overlay District. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval. PUBLIC WORKS No comments. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION No comments. Ef� ',^,EMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A V ation(s) Cited: N/A 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: N/A HISTORY The Planning Advisory Board recommended denial on 2/15/95 by a vote of 9-0. The Zoning Board recommended denial on 3/6/95 by a vote of 6-1. The applicant was absent at both hearings. ANALYSIS The Planning, Building and Zoning Department is recommending approval of this application as presented. This petition for change of zoning proposes to move the boundary lines east and extend the C-1 Restricted Commercial and the SD-9 designations to include the subject properties. The Planning, Building and Zoning Department contends that development on Biscayne Boulevard should be encouraged and that the increased densities created by this change will not have additional impact on the existing conditions in the area. ZONING BOARD APPELLANT CITY COMMISSION APPLICATION NUMBER Denial. (Res. No. 023-95) 94- 351 Page 1 March 6, 1995 95- 338 ANALYSIS OF PROPOSED ZONING CHANGE APPLICATION NUMBER 94- 351 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. i X The proposed change has the same or similar impact —on traffic and does not affect public safety as the existing classification. I 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 c� 9 use. 9 5— 3 3 8 March 6, 1995 Item# 3 0 Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption. RESOLUTION ZB 023-95 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 NO. 11000, PAGE 14, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AND SO-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT 615 N.E. 62ND STREET AND 620 N.E. 63RD STREET MORE PARTICULARLY DESCRIBED AS LOTS 5 AND WEST 1/2 OF LOT 1, BLOCK 1, "SECOND AMENDED PLAT OF FALLESEN PARK" (4-19) AND LOT 3, BLOCK 2, "KNIGHTS ADDITION TO LEMON CITY" (A-26) PUBLIC RECORDS OF DADE COUNTY; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. Upon being seconded by Mrs. Ileana Hernandez the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales. Messers. Moran-Ribeaux, Crespo and Milian. NAYES: Mr. B� rket. ABSENT: Messers. Carmavand Luaces. Ms. Fernandez: Motion carries 6-1. March 6, 1995 Zoning Board Item# 3 95- 338 11 Ilklm; IFAMP L. u APPLICATION FOR AMENDMENT TO 20NING ATLAS r% j 61 apply to t "Citcont. :ion Miami as more particuiarly information: File Number 4& of the CityJof Miamf for an umndesent to the described herein and, in support of that request, C/,A- I.: Ing Atlas of the City of furnish the following 1. Address of property: 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 form.) S. At least two photographs that show the entire Rrppert (land and improvements.) 6. Atlas sheets) on which property appears: J 7. Present zoning designation(:): B. Proposed zoning designation($): -. 9. Statement explaining why present zoning designation is inappropriate. (See attached form.) lO. Statement as to why proposed zoning designation is appre-4riate. (See attached form.) i'II. Other (Specify) c iP ?A o f 12. Filing fee of i according to following schedule: Change of zoning classification to: CS, PR, R•1, R-2, per ! Ira foot of net lot area ............. S 0.12. Minium....................................................... $550.00 R-3, R-4, 0, 6/1, per square foot of net lot area ............. $ 0.16 Minimum....................................................... $650.00 C-1, C-2, I, per square foot of net lot area ...... :........... f 0.20 Minimum....................................................... $750.00 C90 and all SD's, per square foot of net lot area ............. f O.'p Minimum .......................................... 4 ........... $&50.00 _ a h o '� Signature: Now �i Address:�1 Phone: STATE OF OF FLORIDA } SS: COUNTY OF DADE } ,_, being duly sworn, deposes and says that he'is the (Owner)(Authorized Agent for O*ier) of the real property -described in answer to question 1 above; that he has read the foregoing answers and that the same are truce and complete; and (if acting as agent for Owner) that he has authority to execute this petition on behalf of the owner. C (SEAL SWORN TO AND SUBSCRIBED COMM. # 989835 z before me this day of Notwy PU:Wc — CcAfomto D Q �, LOS ANGELF.S 5 ... 338 MY COMMISSION EXPIRES: M0 3 f 4qq j = My Co f Florida at Large .AFFIDAVIT STATE OF FLORIDA } } SS J COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Crif;-S "de , who being by me first duly sworn, upon oath, deposes Y� c'h,7r Si7ek%I and s d s : 1. That 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 Mimi, as described and listed on the pages attached to this affidavit and Dade 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 napes, moiling addresses, phone numbers and legal descriptions for the the real property of which he is the owner 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. "'�&A— (SEAL) Sworn to and S4bscribed before n this ja day of Notary PuoAc, St a of Florida at t largo My Commission Expires: CECILIA PAO KUO TSENG COMM. ♦ 909@35 z '• Notary R"Ic — California LOS ANGELES COUNTY w My Comm, Expirse WAR.31. 1997 ' 95- 338 Pa:, Owner's Name - i.� Mailing Address Telephone Number Legal Description: OWNER'S LIST c�A [:-:y Owner's Name ,71 Mailing Address 201 /3j3 C<<y[w f-3/era/ Telephone Number Legal Description: Owner's Name 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 Street Address Legal Description Street Address Legal Description 95- 338 ps- DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: L.LrT" , ► e">� 2. eF T%.kr p t.,r�V:= 1S. , PA&r).4 dF PcJR:iA6, 17S 1..G'�t— S 1sa-to u--t:-#57 Y2, ©lr („p-- ? r P-.)L z !t1 � PL16-1- 4F F — ' P042-V, R��' ems — 2. C+mer(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of ail parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Comuission. 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. �.� j6 OLJ00-l-3 t 1p 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 375 feet of the subject real property. Lots 1 & 2 Block 2 KNIWS ADDITION TO LEMON CITY (A-26) Lots 1 & 3 Block 1 SECOND STATE OF FLORIDA } SS: COUNTY OF DADS } NDED PLAT OF FALLES ATTORNEY FOR PARK (4-19) �dt+tzT `C� �' f-1- being duly swore, daposa aM says that he is the (Owner (Attorney for Owner) of the real property describer in answer to question it, w; that he has rear the forepioq answers and that the sa:ae are true and complete; and (if acting as attorneg for OWW) that he has authority to execute the Disclosure of Ownership fore an behalf of the owner., G (SEAL; SWORN TO AND SUiSCRIBED before ee this Jitl _ j der of ► 19 • Notary lic, ate o Florida at Large ` ) CECILIA PAO XUO TSENG MY COPDIISSION EXl�IRES: %vo 3I , l7 Q ' COMM. *ve W z Notory PU54c — Cattrxrna • �'' LOS ANGELES COUNTY W Comm E=,-,.• MAR :1, 1997 95- 338