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HomeMy WebLinkAboutO-11218J-94-895 11/2/94 1,1218 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-4 MULTI -FAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 1902 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED•HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board at its meeting of October 17, 1994, Item No. 2, following an advertised hearing, adopted Resolution No. ZB 94-94, by a nine to zero (9-0) vote, RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11218 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-4 Multi -Family High -Density Residential to C-1 Restricted Commercial for the property located at 1902 Northwest 14th Avenue, Miami, Florida, also described as TRACT B OF MIDTOWN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 92 at Page 100 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; (g) will not adversely influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; 11218 -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. 24 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 S. 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 1st day of December , 1994. 11218 -3- .w� PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this gbh day of February 1995. S EPHEN P. CLARK, MAYOR AT2S MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: ��A6Q, G. IAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QU j III CITY A?A TT TOPOY GMM/pb/M2080 1.1218 -4- LOCATION/LEGAL APPLICANT/OWNER ZONING ZONING FACT SHEET 1902 NW 14 Avenue. Tract B of MIDTOWN SUBDIVISION, a replat of a portion of Block land 2 of BRADDOCK SUBDIVISION NO. 4 (3-61), PB (92-100) PRDC. Sun Bank/Miami, N.A., Owner 777 Brickell Avenue Miami, Florida 679-7063 R-4 Multifamily High -Density Residential. VAN Miami, Fed. Credit Union, Buyer Adrienne F. Pardo, Esq. 1221 Brickell Avenue Miami, FL 33131 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-4 MultifamiTy-High-Density Residential to C-1 Restricted Commercial. RECOMMENDATIONS: r PLANNING, BLDG & ZONING Denial as presented. Approval for C-1 Rest. Comm. .PUBLIC WORKS No comments. ;. 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 CEB Action: N/A HISTORY Approved on 9/21/94 by Res. PAB 46-94 with a vote of 9-0. ANALYSIS The subject property actually is an abandoned structure that had grandfathered status as a bank facility. This petition is in order to resume the same banking use. The Department contends that while the zoning designation of the adjoining area to the north of the subject property is C-2 Liberal Commercial and the requested by the petitioner is to simply extend the boundary lines south to include the subject property, this may not be the most appropriate designation for the property. The C-2 Liberal Commercial designation includes an overly broad range of commercial uses which are not necessarily appropriate for the subject property which adjoins a residential area. If the expressed purpose of this request is in order to provide a banking facility on the subject property; then the C-1 Restricted Commercial designation would assure the adjacent residential area that some of the more incompatible commercial uses which are permited in the C-2 Liberal Commercial designation would not be allowed, and therefore, the residential character of the adjacent area would be preserved. the Department recommends denial as presented and recommend approval the zoning change for C-1 Restricted Commercial. ZONING BOARD Recommend approval to City Commission. (Res. No. 94-94) APPELLANT CITY COMMISSION Passed First Reading. APPLICATION NUMBER 94- 300 Page 1 October 17, 1994 ANALYSIS OF PROPOSED ZONING CHANGE APPLICATION NUMBER 94- 300 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. October 17. 1994 Item# 2 0 A ILAMAI IA,'1 IM..A •11 r 1A R1.7 LI�„I,OI In •I' to I1�e'__ 'I, II •I+ lei •'t • . to1 2♦ 0 bit 1, 1 k a �i' 0 TbT I, I.. • M �SUI-AA S TILI 'A I 2 � ,� o ►� r co � , . +t I *� � I is '; ~', e rlu . �. s t . I M • Y 'M DESM-1 Milluls, 9�YI SANTA CLARA STATION TRACT 'A' tar' . MIAMI MUNICIPAL TRACT r• • RAPID TRANSIT - SD-10' ► ` + a. lu • •- ! 1 �J : Q� WAGNER TRrRAcr *A* � . �� � • .� ,9� • • ��' I c . � \/. `� ► •ao,;t � two[' a I i •�_� y H IS 5t I 11 CEDARS OF LEBANON � SDI9-1 HOSPITAL COMPLEX () .o , ,r ► 71 i l �FA��4) I TRACT i1 NW 14 T RR ► —.--. ... 1 2� 18 r r 1• • • • Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption. RESOLUTION ZB 94-94 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 APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE 24, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 1902 NW 14 AVENUE LEGALLY DESCRIBED AS TRACT B OF MIDTOWN SUBDIVISION, A REPLAT OF A PORTION OF BLOCK 1 .AND 2 OF BRADDOCK.SUBDIVISION N,O. 4 (3-61)1, PS„(92-100) PUBLIC RECORDS OF DADE COUNTY;' ZONED It-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL. Upon being seconded by Ms. Gloria Basila the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales. Messers. Moran-Ribeaux, Barket, Carman, Crespo, Milian and Sands. NAYES: None. ABSENT: Mr. Lorenzo Luaces. Ms. Fernandez: Motion carries 9-0. October 17, 1994 Item# 2 Zoning Board ii21$ I CMS APREEM 'fE O=IT= S=W 2210. NOW AND RHQUMEM OF MW MOD BB W 10 a= CWUSSEL When pertaining to the rezoning of land under application made under section 2202.1(e), 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 chimge conforms with the adopted Miami Gooprehensive Neighborhood Plan and does not require a plan amendment; (b) The proposed dumge is in harmony with the established land use pattern; (c) The proposed change is related to adjacent and nearby districts; (d) The change suggested is not out of scale with the needs of the neighborhood or the city; (e), The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc.; sf) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; (g) aunged or dungisg conditions make the passage of the proposed change necessary; (h). The proposed change positively inflmr-es living conditions in the neigidmrhood; ,�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 dump 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 acoord with existing regulations; (n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the 1—diate area and furthers the protection of the public welfare; ,,Lo) There are substantial reasons why the use of the property is unfairly limited under existing ; ,7 -�(p) L: is difficult to findother adequate sites in the' surroundingarea for the proposed use in districts already permitting such use. (HD=) After considering the factors set forth in Section 2210 of Ordinance 11000, I moue that the request (agada item ) be recommended to the ..Ckty Comidsaion Tor (approaal)(denial). 11218 It® 6flEENBEBfi 0iBBUBIG Adrienne Frimer Pardo 305-5794M October 17, 1994 Hand -Delivery Mr. Joseph McManus Deputy Director, City of Miami Planning, Building and Zoning Depart. 275 N.W. 2nd Street, Third Floor Miami, FL 33128 Re: 1902 N.W. 14th Avenue, Miami, Florida Dear Mr. McManus: Please accept this as a formal modification to our application. On behalf of SunBank/Miami N.A., we are amending -our zoning application and requesting a rezoning to the C-1 district and not the C-2 district. We are also amending our comprehensive plan - amendment application and requesting the Restrictive Commercial designation and not the General Commercial designation. Thank you very much for your attention to this matter. Please call me at 579-0683 if you have any questions. Sincerely, Adrienne Friesner Pardo cc: Mr. John Thompson Ms. Maggie Martinez Richard Bergman, Esq. Warren Kozlow, Esq. 'W -T- wedW.Fernandez- Lucia A. Dougherty, Esq. 0rAM cMIK\2611". I\ to/ 1)/% /3 GREENBERG TRAURIG HOFFMAS LIPOFF ROSEN & QUENTEL, P. A. 1221 BRtCKELL AVENUE MIAM1. FLORtDA 33131 305•57 9-0500 FA\ 305-579.0717 MLAMI FORT LAUDERDALE Q'E�T PAIAI BE wtl TALL \N ks-,EF NFU'YnRK APPLICATION FOR AMENDMENT TO ZONING ATLAS Fite Number 92- I, Adrienne Friesner Pardo , 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_ 1. Address of property: _ 1902 N.W. 14th_Avenue, Miami, Florida X_ 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. X_ 3. Affidavit disclosing ownership of property covered by application and disclosure of interest. (See attached form.) x_ 4. Certified list of owner of real estate within a 315-foot radius of the outside boundaries of property covered by this application. (See attached form.) ,X S. At least two photographs that show the entire property (land end improvements.) 6. Atlas sheet(s) on which property appears: Page 24 7. Present zoning designation(s): RR 4 S. Proposed zoning designation(s): ,X^ 9. Statement explaining why present zoning designation is inappropriate. (See attached form.) See E x h. " 1 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, G/I, per square foot of net tot area .... :........ $ 0.16 Minimum ..................................... a..% ............. 0 $650.00 C-1, C-2,•I, per square foot of net lot area .................. $ 0.20 Minimum!....................................................... $750.00 COD and all SD's, per square foot of net lot area ............. $ 0.22 Minimum.......................................................... $850.00 Signature: Nam: Adrienne Friesner Pardo Address: 1221 Brickell Avenue, Miami, FL Phone: 579-0683 STATE OF FLORIDA } SS: COUNTY OF OADE } Adrienne Friesner /paring duly sworn, deposes and says that he is the (Owner)(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 same are true and complete; and (if acting as ages ar owner) that hp has authority to execute this petition on behalf of the owner. (SEAL) SWORN TO AND SUSSLgIBED ;;tafti enne Friesner Pardo before me this � day of a 'i y , 19„� �A� , MY COMMISSION EXPIRES: Public, State of Florida at Large GLt4WAA Nt71'ARY PUNBUCSMT OF FLORI� ovally known. COM ISSION NO. CC 16M MY COMM456ION F-(P. NOV. 21,19% The existing R-4 designation of the subject property should be amended to C-2. The subject property is located on the corner Cf N.W. 14th Avenue and N.W. 19th Terrace, It is adjacent to a C-2 designation and a G/I designation. The subject property has an existing building which was originally constructed for a bank Ni-h a drive -through teller. The location of the subject property '_s designed for commercial and not residential use. Exhibit 1 11218 AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Adrienne Friesner Pardo, who being by sae first duly sworn, upon oath, deposes and says., I. That he is ;the ojvmtxxAr the legal ,representative of the owner, submitting the accompanying application for ad 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 wade a part thereof. 2. That all owners which he represents, 1f 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, sailing 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. (Name) • Adrienne Friesner Pardo Sworn to and Subscribed before me this t day of Jul,, lg44 Notary-ublic, State of Florida at Large JUNE H DAVIS NOTARY PUBLIC STATE OF FLORID COMMISSION NO. CC 163M MY COMMISSION EXP. NOV. 21 M My Commission Expires: Personally known. i OWNER'S LIST Owner's Name Sun Bank/Miami,` N.A. - Attention: Mr. Tnhn Thnm= end^ 777 Brickell Avenue, Miami, Florida Mailing Address Telephone Number 579-7063 Legal Description: Tract B, MIDTOWN SUBDIVISION, P1at'Book 92 at Page 100 of the Public Records of D'ade County, Florida Owner's Name Nailing Address 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 N/A Street Address Legal Description Street Address Legal Description r 11218 0 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Tract B, MIDTOWN SUBDIVISON, Plat Book 92 at Page 100 of the Public Records of Dade County, Florida 1902 N.W. 14th Avenue, Miami, Florida 2. Owner(s) of subject real property and percentage of ownership..1lote: 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 f2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any -other interested parties, together with their addresses and proportionate interest. Sun Bank/Miami, N.A. owns the property 100% Sun Bank/Miami, N.A. is owned by SunTrust Banks, Inc., a public corporation 3. Legal description and street address of any real property (a) owned by any party listed in answer to question f2, and (b) rotated within 375 feet of the subject real property. None Qijtt ATTORNEY FOR OWNER Adrienne Friesner Pardo .mac STATE OF FLORIDA } SS: COUNTY OF DADE } Adrienne Friesner Pardo , being duly sworn, deposes and says that he is the (Attorney for Owner) of the real property described in answer to question ti, above; that he has read the foregoing answers and that the sage are true and complete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership form on behalf of the owner. SEAL) (N Adrienne Friesner Pardo SWORN TO AND SUBSCRIp5 before me this "3� day of .71, 1 y , 19_94 NY COMMISSION EXPIRES: Personally known. to Public, State of Florida at Large NNE H DAMS NOTARY PUBLIC STATE OF FLORIDA COMMOSION NO. CC WV09 MY COMMISSION EXP. NOV. 21.1995 1.1218 I DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Tract B, MIDTOWN SUBDIVISION, Plat Book 92 at Page 100 of the Public Records of Dade County, Florida 1902 N.W. 14th Avenue, 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 f2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any -other interested parties, together with their addresses and proportionate interest. VAH Miami has a,contract to purchase the subject property. VAH Miami is a Federal.Credit Union, a corporation chartered under the laws of the United States. 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. i None OWKICK ATTORNEY FOR OWNER Adrienne Friesner Pardo STATE OF FLORIDA } SS: COUNTY OF DADE } Adrienne Friesner Pardo , being duly sworn, deposes and says that he is the - 0mv* (Attorney for Owner) of the real property described in answer to question 01, 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 authority to execute the Disclosure of Ownership form on behalf of the owner. SWORN TO AND SURSTED before me this day of July , 19-94 MY COIMISSION EXPIRES: 0 ,. ' 'Personally known. � (SEAL) Adrienne F%Na.esner Pardo CAffiqp,Public, State of Florida at Large OFFICIALMAL 4 HVLNO`rAA� NOTARY PUBUC STATE OF FLDRIDA 11218 COMMISSION NO. CC 163W9 MY COMMISSION EXP. NOV. 211995 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Deily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade Counbeing a,Legal Advehat the rtisementtof Notice In the maof teoadvertisement, CITY OF MIAMI ORDINANCE NO. 11214 Inthe ....................... X-M--M-M...................................... Court, was published in said newspaper In the issues of Feb 27, 1995 Attlant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affient further says that she has neither paid nor promised any perso, Jim or corporation any Of secu o is advertisd or the purpose em to r ubliction in he said news p . Sworn to and subscribed before me this 27 February �r 95 day of ....................... ..........................._.ti,R�...... l P,'!:; (SEAL) Octelma V. Ferbeyre personally Oti+IML NOTARY SRAL QiERYL H MARMER COMMrQviON NO. CC191442 MYCOMMMION GXP, APR. 12.19%