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
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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%