HomeMy WebLinkAboutM-95-0436-95-357
k/21/95
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
LORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
D TRICT REGULATIONS, BY CHANGING THE ZONING
C SIFICATION FROM R-1 SINGLE-FAMILY
RES NnNEC
IAL TO C-1 RESTRICTED COMMERCIAL FOR
THEPERTY LOCATED AT 2725 NORTHWEST
6TH ET, MIAMI, FLORIDA; AND BY MAKING ALL
THE SARY CHANGES ON PAGE NO. 33 OF SAID
ZONING AT S; CONTAINING A REPEALER PROVISION
AND A SEVE ILITY CLAUSE.
WHEREAS, the Miami Zo 'ng Board at its meeting of April 3,
1995, Item No. 1, followin an advertised hearing, adopted
Resolution No. ZB 033-95, by an eight to zero (8-0) vote,
RECOMMENDING DENIAL of a change f zoning classification, as
hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, and notwithstanding the reco \an
f the Zoning
Board, deems it advisable and in the best ithe general
welfare of the City of Miami and its inhao grant this
change of zoning classification as hereinafrth;
NOW, THEREFORE, BE IT ORDAINED BY THE OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Oro. 11 00, as
amended, the Zoning Ordinance of the Citi, Flo da,
:�.':D $� 5 _ 436
- �, NO
Article 4, Section 401, Schedule of District Regulations, is
hereby amended by changing the zoning classification from
1
R-1 Single -Family Residential to C-1 Restricted Commercial for
the property located at 2725 Northwest 6th Street, Miami,
Florida, also described as Lot 25, Block 1, GROSSE POINTE
I
HIGHLANDS SUBDIVISION, according to the Plat thereof, as recorded
in Plat Book 34, at Page 82, 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
i
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.;
i
(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;
95- 436
2
(j) will not seriously reduce light and air to adjacent
i area;
(k) will not adversely affect property value in the
! adjacent area;
i
(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. 33 of the Zoning Atlas, made a part
I
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
i
this Ordinance are hereby repealed.
I
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- J-36
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1995.
STEPHEN P. CLARK, MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
�a A0j",
G.!MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
INN ly,014ES, III
IT ATT EY
Se:wona.DOC
4
95- A-36
0
ZONING FACT SHEET
LOCATION/LEGAL 2725 NW 6th Street
(Complete legal description with the Hearing Boards Division).
APPLICANT/OWNER G. Palbicke & Fiduciary Trust Int. of Edward J. Schack, Esq.
the South & H. Tannen,Trustees
1000 US 1 North 1320 S. Dixie Hwy. #1180
Jupiter, Florida 33477 Coral Gables, Florida
663-3333
ZONING R-1 Single -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-1 Single -Family Residential to C-1 Restricted
Commercial.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS See attached.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(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
i'
CEB Action: N/A
HISTORY Recommended for denial on 11/16/94 by Res. PAB 67-94 with a vote of 8-0. Zoning Board of
11/21/95 recommended denial by Res. ZB 121-94 with a vote of 6-1. Continued from CC 1/26/95 to
CC 2/9/95. Withdrawn from CC agenda and returned to ZB due to inadvertent error of zoning
designation on the application. Recommended for denial on 4/3/95 by Res. ZB 033-95.
ANALYSIS The requested change from R-1 Single -Family Residential to C-1 Restricted Commercial presents a
commercial intrusion into a single-family neighborhood along a residential street not suitable
for commercial traffic. This potential increase in vehicular circulation will have an adverse
%� impact on the neighborhood. In a dition, there are sufficient commercially zoned properties on
b NW 27th Avenue and in the vicini y to meet the needs of the area.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Denial. (Res. No. 033-95)
95- 325
Page 1 April 3, 1995
95- 436
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 94- 325
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.
95- A-36
April 3, 1995
Page 2
3
Mr. Arsenio Milian
and moved its adoption.
offered the following Resolution
RESOLUTION ZB 033-95
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE NO. 11000, AS AMENDED, 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 33, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY
LOCATED AT 2725 N.W. 6TH STREET LEGALLY DESCRIBED AS LOT
25, BLOCK 1, GROSSE POINTE HIGHLANDS SUBDIVISION (34-82)
PUBLIC RECORDS OF DADE COUNTY; ZONED R-1 SINGLE-FAMILY
RESIDENTIAL. -
Upon. -being seconded by Mr. George Barket
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez and Morales.
Messers. Milian, Barket, Carman, Crespo
and Moran-Ribeaux.
NAYES: None.
ABSENT: Messers. Luaces and Hernandez.
Ms. Fernandez: Motion carries 8-0.
April 3, 1995 Item# 1
Zoning Board 5
2210. M= M WMEMn Or ZMG DOW IN I m CMT OlpltTISM
Uhm pertaining to the re=ing of land under application made under section 2202.1(e), the
report and reccamendationb of the Zoning Board shall shw that the Zming Board has studied and
considered, where applicable, whether or not:
(a) The proposed dvuge oonfoar with the adopted ttiamd C mpratansive %ighbottood Plan
and does not require awpplaann aammmxbont;
(b) The Proposed charas lsR—n hamonrp with the established land use pates;
(c) the proposed dwge is related to adjaaint and natrby districts;
;The drge srggested is not cut of scale with the needs of the neighborhood or the
city;
(a) the ptapos 4 desga maintains the am or similar population dsoeitr pattern and
thereby doss cot increase or ovamm the load on public fad itlas such as scoois,
Utilities, stream, me.;
(f) Wsting dirtrlct baadsriae an illogically dram in mistiaa to existing
cwditi an the property propcesd for dugp;
i_q) aurApd or diesgi::g ca ditions ache du passages cE the proposed drags necessary;
(h) 11n proposed iamb positively 1oPlaeocss living cmditlrsa in the ud*tartood;
(i) The proposed chmp has the sae or similar repent an traffic and doss not affect
public safety to a groan extent than the wdsting clanifieatioa;
(J) The Prcheap has the see cc similar Impact on draiaw as the existing
claesificaaion; -
(k) the pcs x*W duvp has ft sass ar similar impact m U& and air to djaoeot
areas as the exbMirg class' iculon;
(1) Me prapoesd dtage has the saes ar similar impact oa peoperty values in the
adjacent area as the adstirg dassificstian;
(a) 'lhe proposed chop Will eoatrihure to the Logmvwsaeot or dnwllapmem of djacu*
property in accord with edst ing rv*Asadans;
(n) 1he proposed dsetr8s ox*v s the sae trescOn't to tar iodiviiIoal cover es to 'snare
within the sae clanifiration and the boxi ists use aid furthers the protection
of the public wslfara;
(o) My m an eubet&VW roascos �jhy the use of the property is ugairly limited uoder
adating zoning;
(p) It is difficult to find other adsquata sites in the &=Tmmdiag area for the
proposed use in districts already permitting such use.
(t NIM) After onnaideriag the factors forth in Ssctian 2210 a! Ordinance 11000, I mme that
the to*$ it:es, ) be remmm d to the City Gam"um for
• (snpsaal dazisl):
Item
a q 3 Cat
Date -
35- 436 7
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APPLICATION FOR AMENDMENT TO 20N I NG ATLAS File Number ^ ���
11 ,Edward J.—Schack , 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:
1. Address of property: 2725 N.W. 6 h S reett,Miami„ Flnrirla 'I'll2S
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 fore.)
5. At least two photographs that show the entire property (land and improvements.)
6. Atlas sheet(s) on which property appears: 33
7. Present zoning designation(s): XW R-1
8. Proposed zoning designation(s): C- 1
94,,Stateeent explaining why present zoning designation is inappropriate. (See attached fore.)
10. Statement as to why proposed zoning designation is appropriate. (See attached form.)
11. Other (Specify)
12. Filing fee of $1,508.0 6ccording to following schedule:
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area ............. S 0.12
Minimum....................................................... $550.00
R-3, R-4, 0, 8/I, per square foot of net lot area ............. S 0.16
Minimum....................................................... $650.00
C-1, C-2, I, per square foot of net lot area ...... :........... $ 0.20
Minimum....................................................... $750.00
CBD and all SO's, per square foot of net lot area ............. S 0.92
Minieus ....................................................... $850.00
Signature:"¢---J
Vase: _Z,dkLdrd 7r� 09oh.4rk
Address:
Phone:
STATE OF FLORIDA } SS:
COUNTY OF DADE }
1 320 S. ni xi A_ u;,h,,T@.,Suite 1180
(305)663-3333 Coral Gables,Fl.
Edward J . Schack , being duly sworn, deposes and says that he 'is the J@�M) (Authorized Agent for
Owner) of the real property -described in answer to question 1 above; that he has read the foregoing answers
and that the sass are true and complete; and (if acting as agent for owner)' luirmovfty to ex cuts
�j•%GTthis petition on behalf of the owner.
��pg� TE OF �'
SWORN TO AND SU%SCRIBED �
before me this�1V:a,, day of -4 Ee
95- 436
MY COMMISSION EXPIRES:
w C M ¢:TM
FEB. 12. ION
Public, State of Florida at Large
STATEMENT AS TO WHY PRESENT ZONING DESIGNATION
IS INAPPROPRIATE; AND PROPOSED ZONING
DESIGNATION IS APPROPRIATE
The property is vacant and unimproved. It is adjacent to an
alleyway behind a commercial building owned by the applicants.
Present zoning designation, C-2, allows residential use only.
There is little likelihood that the property will be developed for
residential use. The present lack of use of the property adds
nothing to the aesthetic values of the neighborhood.
The applicants desire to use the property as an overflow
parking lot for the adjacent commercial property. As so developed,
including a paved surface and a 5 foot greenbelt, the aesthetic
impact would be positive, if anything'. Because the adjacent
alleyway and commercial property already has vehicular traffic, and
because the development'of a parking lot would not be accompanied
by additional commercial development, there would be minimal
increase in traffic. Designation C-1 is required for the parking
lot.
EDWARD J. CHACK, as attorney for
Applicants
\work\pelger,atm
I + 95- Ass
AFFIDAVIT
STATE OF FLORIDA }
) SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
EDWARD J.SCHArT< , who being by me first duly sworn, upon oath, deposes
and says:
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 Miami, as described and listed on the pages1.
-
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.
(SEAL)
Sworn to and Subscribed before me
701
thislpfl-w day of July , 19-24
Notary Public, State of Florida at Large Ax7tA p ISM
1 C011Yl8SJ0NW.CC,1M7
My Commission Expires: 0 W commumEXV0
V
k -
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lot 25, Block 1, GROSSE POINTE HIGHS NDS, according to the Plat thereof
recorded in Plat -Book 34� page 82, of the Public Records of Dade County,
Florida,
Address: 2725 N.W. 6th Street,Miami, 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 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Barbara Booth,as representative of Fiduciary Trust International of The
Gertrude Palbicke South and Harold Tannen, as Trustees
Jupiter Harbor under the Will of Florence Garrison
1000 U.S. 1 North % Robert E. Korn,Esq.
Jupiter, Fl. 33477 Barnstein, Hodson, Tannen & Korn,P.A.
(50%) Two Datran Center,Suite 1101
9130 S.Dad( lJand Blvd.,Miami,F1. 3315E
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 315 feet of the subject
real property.
Lots 1-9, 10 and 11, Block 1 of GROSSE POINTS HIG LADIDS, according to the
the Plat thereof recorded in Plat Book 34, page 82, of the Public Records
of Dade County, Florida.
Addresses:650 N.W. 27th Avenue, Miami
2701, 2730 N.W. 6th Street,MiamiJ
OWNER OR A EY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Edward J. Schack being duly sworn, deposes and says that he is the
(ijgW) (Attorney for Owner) of the real property described in answer to question P1,
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as attorney for owner) that he has author„jyX.ta-erKca"R a isclosure
of Ownership form on behalf of the owner. -'—. Y a�c,sr�� OF
�~• ��puiI.WE6.9R0viP1
-.ww unr:CCr3W227
SWORN TO AND SUQSCRI o
before n this %q
day of 'T"�, 19-9.4
16 MY COMMISSION EXPIRES:
(SEAL)
v
Notary Public, State of Florida at Large
95- 436
(50%;
4—