HomeMy WebLinkAboutO-11220J-94-899
11/2/94 1,1220
ORDINANCE NO. _
AN ORDINANCE AMENDING 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, BY CHANGING . THE ZONING
CLASSIFICATION FROM R-4 MULTI -FAMILY HIGH -
DENSITY RESIDENTIAL TO R-2 TWO-FAMILY
RESIDENTIAL FOR THE PROPERTY LOCATED AT 168-
200 SOUTHWEST 32ND ROAD, 3200-3202 SOUTHWEST
1ST AVENUE AND 1100-1139 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 44 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. 9, following an advertised hearing,
adopted Resolution No. ZB 101-94, by a seven to two (7-2) 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:
1.1220
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 R-2 Two -Family
Residential for the property located at 168-200 Southwest 32nd
Road, 3200-3202 Southwest 1st Avenue, and 1100-1139 Southwest
22nd Terrace, Miami, Florida, also described as TRACT A,
VIZCATRAN GARDEN SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 129 at Page 89 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;
(o) 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;
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(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. 44 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).
1.1220
-3-
PASSED ON FIRST READING BY TITLE ONLY this
December , 1994.
1st day of
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 9th day of February ,
CITY CLERK
EPHEN P . CLAPX , MAYOR
PREPARED AND APPROVED BY:
)�w\km,-\,
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QU N CT0 S, I I I
CITY/ATTO Y
GMM/bf/bss/M2082
11220
-4-
11
ZONING FACT SHEET ^ PZu 14
LOCATION/LEGAL 168-200 SW 32nd.Road, 3200-3202 SW 1st Ave. & 1100-1139 SW 22nd Terr.
Traci A, VIZCATRAN GARDEN SUBDIVISION (129-89) PRDC.
APPLICANT/OWNER Vizcatran, Ltd. Lourdes M. Fernandez, Esq.
a Florida Corporation 110 Merrick Way, Suite 2-C
Coral Gables, FL 33134
443-9162
ZONING R-4 Multifamily High -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, •from R-4 Multifamily High -Density Residential to R-2
Two -Family Residential.
RECOMMENDATIONS"y
PLANNING, BLDG & ZONING Approval. _
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY-C.E.B. Case No: 93-861 Last Hearing Date: 06/23/93 Found: N/A.
Violation(s) Cited: Outside storage of misc. materials, equip, and/or debris; Failure to maintain lot in
a safe, clean condition not allowing accumulation of debris, trash or a dens.e.growth
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: Continued for lack of service.
HISTORY Recommended for approval on 9/21/94 by Res. PAB 48-94 with a vote of 9-0.
ANALYSIS FOR BACKGROUND, PLEASE SEE ATTACHED VIZCATRAN ZONING STUDY AND FOUR (4) PAGES CHRONOLOGY
INCLUDING R-94-415. 06/09/94.
The subject property is surrounded by properties with an R-2 Residential Duplex designation,
with the exception of the Vizcaya Station of the Metrorail to the south of the subject
property, and a six -lot tract designated 0 Office facing SW 22nd Street. The proposed change of
zoning designation from R-4 to R-2 will be more compatible with the existing land use pattern
in the inmediate area. Based on those findings, the Planning, building and Zoning Department is
recommending approval of the application as presented.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Recommend approval to City Commission. (Res. No. 101-94)
94- 310
Page 1 October 17, 1994
1,1220
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 94- 310
Yes No N/A
X
X
X
X
X
X
X
X
X
X
X
X
X
X
r�l
X
The proposed change is in harmony with the adopted Miami Compre-
hensive Neighborhood Plan, 1989-2000, and does not require a plan
amendment.
The proposed change is in harmony with the established land use
pattern.
The proposed change is related to adjacent and nearby districts.
The change suggested is within scale with the needs of the neigh-
borhood or the City.
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.
Existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
There are changes or changing conditions that make the passage of
the proposed change necessary.
The proposed change positively influences living conditions in
the neighborhood.
The proposed change has the same or similar impact on traffic and
does not affect public safety as the existing classification.
The proposed change has the same or similar impact on drainage as
the existing classification.
The proposed change has the same or similar impact on light
and air to adjacent areas as the existing classification.
The proposed change has the same or similar impact on property
values in the adjacent areas as the existing classification.
The proposed change will contribute to the improvement or deve-
lopment of adjacent property in accord with existing regulations.
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.
There are substantial reasons why the use of the property is
unfairly limited under existing zoning.
It is difficult to find other adequate sites in the surrounding
area for the proposed use in districts already permitting such
use.
1 220
IM
47- ! -
a's
. t
VIZCATRAN ZONING STUDY
ZONING -STUDY FOR THE VIZCATRAN PROPERTY AT THE INTERSECTION OF
S.W. 32ND ROAD, S.W. 1ST AVENUE AND S..W. 22ND TERRACE
9
Prepared by the Planning, Building and
Zoning Department of the City of Ki.ami
October, 1993
__ 11220
io
BACKGROUND
In 1979, the area was the subject of the ,Vizcaya Station
Area Plan (October 17, 1979). The Plan recommended that parcels
adjoining the Vizcaya Metrorail Station should be asuembled,
including street closures, for the purpose of developing a high -
intensity residential use. The proposed increase in land use
intensity was intended to maximize transit opportunities by
linking the station to the so-called "Five Points" area with a
high -intensity activity center combining housing, office
employment, and support retail services (See Figures 1, 2 and 3.)
Goals of the plan were to (1) maximize transit access
benefits by concentrating high -intensity activity ar(:.:.ad the
station; (2) unify the station with the Coral Way/Third Avenue
commercial corridor; (3) provide housing opportunities for a
significant number of families, offering flexibility in building
types, housing styles, and cost; (4) increase property values for
existing homeowners in the area; (5) increase tax base; (5) offer
short-term option of converting existing houses to office space;
and (6) provide convenient retail services for the entire
neighborhood and for transit patrons.
Admitted disadvantages of the plan includeda,(1) competition
of the proposed development with existing of fi4pe ' centers; - - (2)
conversion of existing structures to office preventing parcel
assembly and intensive development which could change the scale
and character of the existing residential neighborhood requiring
lower density transition buffers; and finally, (3) the chance
that land development economics might favor office uses over
residential.
The study recommended that land uses in the immediate
station area between S.W. 1st Avenue and S.W. 3rd Avenue should
be (1) limited to residential; ( 2 ) maximum dc:- s sties of
approximately 55 units per acre should be permittet within the
area around 32nd Road; (3) a height limitation of six stories
should be observed to avoid imposition on the character and
privacy of the surrounding low -density neighborhood; (4) lower
density buffer areas should provide a transition between higher
density residential near the station and surrounding low -density
residential in adjoining neighborhoods; and finally, (5) land use
and density changes should be confined to the area directly
affected by the transit station. Subsequently in 1986, the tract
adjacent to the Vizcaya Station was rezoned from RG-1/3 (the
equivalent of the present R-2 Two -Family Residential) to RG13/7
(the equivalent of the present R-4 High -Density Residential.)
1 RG-3/7 had a density range of 50-80 dwelling units per acre
and no height limit. R-4 has a density of up to 150 units per
acre and no height limit.
11220
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FIGURE 2c VIZCAYA STATION AREA EXISTING
_ community commercial LAND USES ..
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ICI i;l l
.• s STATION AREA DESIGN AND DEVELOPMENT
;", illustrative development plan F I CURE 3 ; V I ZCAYA-`�-
i\D STATION AREA
2"D_ ILLUSTRATIVE VItCAYA
C> ` DEVELOPMENT PLAN
nu
Accompanying the requested change of zoning was a
restrictive covenant proffered by Vizcatran, Ltd1, the owner of
the _property. The covenant contained a series Iof actions and
improvements which would be required on the part of the developer
in order to mitigate any potential adverse impacts that the
development would have on the adjacent residential area.
This Vizcatran site has a history extending back to 1975
when the Claughton Island Development Order obligated those
developers to provide two hundred units -of low-income..housing on
the island. The City Commission subsequently agreed to allow.the
developers to sponsor the construction of two hundred twenty-five
units off the island. . These units were assigned to model City
(Tacolcy), to Little Havana (Rio Towers), and. the remainder to
the Roads area (Vizcatran) The Claughton Island developers made
financial contributions to subsidize the. construction of these
units.:
The developer proposed a 100-unit housing facility for the
elderly project, -nine -stories high, which- required a variance
waiving 75 of 110 required parking spaces. The City Commission
granted the variance but on appeal, in June 1992, the Third
District Court of Appeals held that -the variance was erroneously
granted. In September 1993s, the City Commissiop. then directed
the Administration to conduct a. study to detgrmi.ne .the most
suitable zoning classification for the site.
r
�� - 1.1220
CHANGING CONDITIONS
This study is the result of a request by the 'Miami -Roads and
Vizcatran-Roads Neighborhood Associations to the lCity Commission
on September 27, 1993; in their presentation to the City
Commission, they expressed their disagreement with the current
zoning, even with the safeguards of the proffered covenant, which
was granted to the subject property in 1986, and requested that
the Planning, Building and Zoning Department reevaluate the
zoning of the tract in light of its changed circumstances.
The forecasts, upon which Vizcatran was rezoned to RG-3/7
never were achieved. In 1978, the Metrorail, not yet built, was
-proposed to. carry 200,000 patrons 'daily, predicated on a $2.00 a
gallon gasoline... The ,:Vizcaya. Station was forecast to have
+_ approximately.4,724 boardings daily; a parking lot of about 125
spaces would - be -_required. In 1993, it is estimated that
•Metrorail_carries-46,000 to 50;000 patrons daily. The Vizcaya
= Station 'has=i;096 boarding daily and the 107-space parking lot is,
never.full. Thus, due to stagnant market conditions and transit
ridership which' -never fulfilled expectations, the need for this
.project never materialized and none of the developers proposals
or improvements were ever accomplished.
A chronology of the Vizcatran project is attached in the
Appendix. I
1.1220' w7
ANALYSIS
Around the subject property in particular,,. all contiguous
properties are zoned R-2 Medium -Density Residential; properties
directly across from the subject property are zoned R-2 as well.
A. small O Office parcel is within a block and to the northwest
of the Vizcatran tract near the intersection' of S.W. 22nd Road
and S.W. 32nd Road. R-3 Medium -Density Residential is about one
block to the southeast of tract and adjacent both to Metro -Rail
and U.S. 1; however, all parcels west of Vizcaya Station and
adjacent to the north right-of-way of Metro -Rail and U.S. 1 are
zoned R-2; those parcels adjacent to the south of the Q.S. 1
right-of-way are zoned R-1. Between U.S. 1 and South Miami.
Avenue the zoning is uniformly R-4 Single. Family Residential.
The attached maps (see Figures 4 and 5) submitted with the
companion rezoning petition, depict that for a several block
radius, this R-1 and R-2 pattern still remains predominant today.
The current zoning classification of R-4 High -Density
Residential (the Ordinance 11000 equivalent of the Ordinance 95p0
RG-3/7) was granted to the'subject property influenced in part by
a covenant which was proffered by the property owner; said
covenant contained a condition that limited the height of the
development to nine stories. The R-4 Zoning District allows up
to 150 dwelling units per acre, a floor area ratio (F.A.R.) of
1.72 and unlimited height, but subject to setbacke above a height
of 120 feet. The project proposed by the developer for the .72-
acre site was for 100 units, nine stories high. A variance
waiving 79 of 110 required parking spaces was sought (and finally
rejected in court.) On its own merits and considering the
intensity of uses permitted in the R-4 zoning classification, as
listed in Ordinance 11000, as amended, the Zoning Ordinance of
the City of Miami, the zoning classification of R-4 for the tract
could pose an intrusion to the stability of the low -density
residential area that it borders, particularly for the
neighborhood to the east of this block. In summary, the R-4
High -Density Multifamily Residential zoning would appear to be
unrealistic given the changed conditions, the low transit
ridership, poor office market conditions and sluggish demand for
high -density multifamily housing, in the an area remote from the
bayfront.
The R-3 Medium -Density Multifamily Residential District
allows a,density of up to 65 dwelling units per acre, a height
limit of•50 feet and a floor area ratio of .75 (times gross lot
area.) Within these parameters, a 5-story apartment containing
as many as 33 two -bedroom units with surface parking for 37 cars
could•be visualized. If an SD-19 Overlay District limiting the
floor area ratio to .4 were to be added, then a13-story project
of 17 two -bedroom units with 20 parking spaces could be
visualized. Either With an R-3 Zoning District alone or with an
R-3 Zoning District with an SD-19 Overlay District, there would
11220
be a visual and physical impact on the surrounding neighborhood.
Vehicular traffic,which would ideally enter and leave on S.W.
22nd Terrace -would directly impact the other housing on that
street; service deliveries to the proposed building -would also
be over S.W. 22nd Terrace which would further impact the area.
Either proposed building is from three to five dtories high and
approximately 100 feet in length which is out -of -scale in size
and mass with other housing in the immediate neighborhood.
Zoning Ordinance 11000 offers a designation which allows for
primarily a low -density residential level of development in its
R-2 Two -Family Residential designation. Areas designated as two-
family or duplex residential allow the construction of up to a
two -unit residential structure (either attached or detached) on a
typical lot. This category allows a maximum net density of
eighteen (18) units per acre or approximately two thousand five
hundred (2,500) square feet per unit. The yizcatran tract with
approximately 0.72 acres would, if developed to its maximum
density potential permit up to thirteen (13) dwelling units,
either attached or detached. Specifically, the R-2 zoning
classification allows for the following intensities: a
Intensity:
Minimum.lot size: Five thousand (5,000) square feet. ---
Setbacks: Front - Twenty (20) feet; side -'five (5) feet;
rear - twenty (20) feet for principal us:p structures and
ten (10) for accessory use structures.
Minimum lot width: Fifty (50) feet.
Height: Maximum of twenty-five (25) feet from flood level
or average sidewalk elevation, whichever is higher.
Floor area ratio: Maximum of six -tenths (0.60) times the
gross lot area.
Building footprint: Maximum of four -tenths (0.40) times the
gross lot area.
Green space: Minimum of fifteen -hundredths (0.15) times the
gross lot area.
Rezoning to R-2 would mirror the existing development in the
neighborhood, would be in scale with surrounding development and
would have a correspondingly reduced impact.
wt*�
11220
FINDINGS
It is hereby found that:
1. The 1978 forecasts of future patronage, market conditions
and economic impact in the Vizcaya Station Area, upon which
the Vizcatran site was rezoned, have not been fulfilled. In
1993, there are changed conditions which call into question
the existing zoning.
2. The current zoning classification of R-4, High -Density
Multifamily Residential is not in harmony with the
established land use pattern of single-. and two-family
residential development and, allows a much higher intensity
and density of residential use than the surrounding
neighborhood. It is excessive in scale, height and mass for
the immediate needs of the. neighborhood and; if- fully.
developed, would adversely impact the traffic circulation,
light and air flow, and property values of the adjacent
neighborhood.
3. Changed conditions dictate areturn to the pre-1986 zoning
.pattern. Rezoning to R-2 Duplex zoning will. reflect the
zoning and land use pattern of surrounding properties.. R-2
zoning will protect the adjacent residential neighborhood
from undue impact of increased traffic, and other adverse
impacts. The R-2 zoning classification will assure the
adjacent residential neighborhood that f high -intensity
residential or mixed uses will not be developed immediately
fronting single- and two-family homes.
Specific findings are as follows:
(a) The proposed change does not conform with the adopted Miami
Comprehensive Neighborhood Plan and requires a plan
amendment;
(b) The proposed change 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 schopls, utilities,
streets, etc.;
1.1220 c ,5
(f) Existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for
change;
(g) Changed or changing conditions make the passage of the
proposed change necessary; ►
(h) The proposed change positively influences living conditions
in the neighborhood;
(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 change has the. On -or similar impact on
drainage as the existing classification;
i
(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 game 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 accord 'with existing
regulations;
(n)
The proposed change conveys the same treatment to the
individual owner as to owners within the sam6 classification
and the immediate area and furthers the protection of the
public welfare;
(o)
There are no substantial reasons why the use of the property
is unfairly limited under existing zoning;
(p)
It is .not difficult to find other adequate sites in the
surrounding area for the proposed use in districts already
permitting such use.
! 1.1220
,.
RECOMMENDATION
Rased on changed conditions, the analysis and findings
above, it is recommended that the subject property (ViZCATRAN
GARDEN) be rezoned to R-2 Two -Family Residential and that the
corresponding change be made to the Miami Comprehensive
Neighborhood Plan 1989-2000 by changing the land use designation
on the Future Land Use Plan from High -Density Multi -Family to
Duplex.
1i220
APPENDIX: CHRONOLOGY
Resolution
Number/Date: City Commission Action:
R-75-135 Claughton Island Development Order
2/12/75 approved requiring developer to
as amended by furnish 200 units of low-income
R-75-423 housing on the island.
4/22/75
R-79-708 Approval of Vizcaya Station Area
10/17/79 Plan.
R-85-812 Amended Development Order to
7/25/85 require construction of not less
than 225 units of moderate income
affordable housing on two separate
sites on the mainland other than
in Southeast Overtown/Park West.
R-86-169
Resolution approving Claughton
2/27/86
Island developers' contribution of
$3.2 million for Shell City- and
East Little Havana sites;
Claughton Island developers to
contract with Vizcaya Metrorail
site developers for 104 units at
Vizcaya Metrorail site.
Plat and Street
Plat and Street Committee
Committee
recommended approval of the TP
3/7/86
#1274 VIZCATRAN GARDEN.
ZB 24-86
Zoning Board recommended approval
3/17/86
of a rezoning from RG-1/3 to RG-
3/7 with Planning Department's
recommendation for approval.
3/27/86
City Commission passed the above
request on First,Reading.
ZB-33-86
Zoning Board recommended approval
4/7/86
of the closure .of S.W. 22nd
Terrace with Planning Department's
recommendation for approval.
Ord. 10102
City Commission passed on Second
4/22/86
Reading the above zoning request.
R-86-305'*
City Commission granted the street
4/22/86
closure. 112 2,0
3D
Discussion item Discussion of plat acceptance of
6/26/86 Vizcatran Garden
A - Reconsider plat acceptance of
M-86-518 Vizcatran Garden; B - plat
R-86-519 acceptance of Vizcatran Garden.
6/26/86
6/27/86 :A Declaration of Restrictive
Covenants was recorded.
M-88-353 Approved basic terms of agreement
4/14/88 presented by Mr. Joseph Portunondo
in connection with proposed
affordable housing project near
Vizcaya Metrorail Station, with
certain limitations.
Approved escrow agreement by and
R-88-542 between Swire Pacific holdings,
6/9/88 Inc., Vizcatran, LTD., Ocean Bank
of Miami, and the City of Miami in
connection with proposed
development of an elderly -
handicapped housing project.
R-90-124 :Approved modification to prior
2/7/90 agreement by and between City of
' Miami, Swire Pacific Holdings,
Inc., Vizcatran, LTD., and Ocean
Bank of Miami concerning
development of elderly or
handicapped housing on Vizcatran
site (Vizcaya Metrorail); allowed
Vizcatran, LTD., to withdraw
monies from escrow account at
Ocean Bankr subject to proviso.
Ord. 11000 Affected all zoning classifications
9/4/90 and provisions citywide; RG-3/7 in
prior Zoning Ordinance 9500
generally was translated as R-4 in
Zoning Ordinance 11000 on this
effective date..
ZB-23-91 Zoning Board recommended denial of
5/6/91 ` variance for R-4 offstreet parking
requirements to allow the
construction of a 9-story, 100-
unit residential structure waiving
79 of 110 required offstreet
parking spaces (31 spaces
provided) .
R-91-482 " Granted appeal by Vizcatran, LTD.,
6/20/91 (previously denied. by Zoning
1.1220.
Board) to reduce the required
number of parking spaces at 168-
200 S.W. 32 Road, 3200-3202 S.W. 2
Avenue, and 1100-1139 S.W. 22
Terrace, with conditions.
Circuit Court, On appeal, affirmed the decision of
Eleventh Judicial i the City Commission.
Circuit
11/15/91
Third District Court On writ of certiorari, held that
of A peals variance was erroneously granted
6/22f92 in absence of evidence that no
reasonable use could be made of
property absent the variance
(Herrera et al. vs. City of
Miami.)
R-92-539 Ratified postponement of collection
9/10/92 from Vizcatran, LTD., of fees
required by Code Sec. 2-99(a)(2)
to extend time limitation request;
said fees to be paid in full by
Vizcatran, LTD., at such time that
necessary funding is secured by
CODEC, Inc . , to 'begin construction
' within subject subdivision. [Note:
This resolution was later
reconsidered and rescinded by M-
92-546.]
M-92-546 (A) Reconsidered prior vote on CA-
9/10/92 32 (Resolution ratifying the
postponement of the fees from
Vizcatran, LTD., required under
Code Sec. 2-99(a)(2); (B)
Deferred consideration of proposed
resolution to ratify the
postponement of the collection of
fees from Vizcatran, LTD., by
extending said subdivision's time
limitation for completion of
improvements until such time as
CODEC secures necessary funding to
begin construction.
M-92-641 Denied proposed resolution
10/8/92 ratifying postponement of
collection from Vizcatran, LTD.,
of fees required by the Code to
extend subdivision improvements
time limit to June 26, 1993, fees
to be due in full at such time as
CODEC, Inc. obtained necessary
ii220 -::k
M-93-604
9/27/93
R-93-809
12/16/93
1/13/94
R-94-415
6/9/94
3�
Funding to begin construction,
as related to Vizcatran Garden
Subdivision.
Directed the City Manager to
conduct a zoning study to
determine most suitable zoning
classification for the
Vizcatran site.
The City Commission rejected
proposed downzoning of the
property.
The City Commission directed
the Administration to
negotiate with the developer.
A foundation permit was issued
for the building.
The City Commission authorized
a settlement agreement with
the owners, but allowing the
owners to keep the property,
1.1220
Mr. George E. Barket
and moved its adoption.
offered the following Resolution
RESOLUTION ZB 101-94
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE 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 44, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
.REGULATIONS, FROM R-4 MULTIFAMILY HIGH -DENSITY
RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL FOR THE
PROPERTY LOCATED AT 168-200 SW 32 ROAD, 3200-3202 SW 1
AVENUE AND 1100-1139 SW.22 TERRACE,MORE.PARTICULARLY-
DESCRIBED AS TRACT 'A,. VIZCATRWGARIIEN SUBDIVISION'
(129-89) PUBLIC RECORDS OF DADE-COUNTY; ZONED R-4
MULTIFAMILY HIGH -DENSITY RESIDENTIAL. ..
Upon being seconded by Mr. Arsenio Milian
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Hernandez. Messers.
Barket, Milian, Crespo, Moran-Ribeaux
and Sands.
NAYES: Mr. Carman and Mrs. Morales.
ABSENT: Mr. Lorenzo Luaces.
Ms. Fernandez: Motion carries 1-2.
October 17, 1994 Item#f 9
Zoning Board
1.1220 .33
11
SBInM 2210. NAM AID REVIEHM OF ZMW BOAR BE= To Cn T 00BMffSSlD1.
When pertaining to the rezoning of land under application made under section 2202.1(e), the
report and recommendations of the Zoning Board shall show that the Zoning Boatel has studied and
oonsidered, where applicable, whether or not:
(a) The proposed change conforms with the adopted Miami Gxmprehensive Neighborhood Plan
and does not require a plan amendment;
(b) the proposed change is in harmony with the established laid use pattern;
(c) the proposed change is related to adjacent and nearby districts;
(d) Mie change suggested is not out of scale with the needs of the neighborhood or the
city;
(e) 1he 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.;
(f) Bd.sting district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
(g) Changed or dw ing conditions make the passage of the proposed change necessary;
(h) The proposed change positively influences living conditions in the neighborhood;
(i) 1he 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) 'I he proposed change 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) 7 he proposed charge 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 accord with existing regulations;
(n) the proposed change conveys the save treatment to the individual owner as to owners
within the same classification and the imaxUate area and furthers the protection
of the public welfare;
(o) There are substantial reasons why the use of the property is unfairly limited under
existing zoning;
(p) It is difficult to find other adequate sites in the- Surrounding area for the
proposed use in districts already permitting such use.
(MNT.CN) After considering the factors set forth in Section 2210 of Ordinance 11000, moue that
the request (agenda item ) be recommended to the City ion for
(approval)(dahial). /.V n— /,
/ (/ a-
y` �.i220�
. r�o /� 7 2L
APPLICATION FOR AMENDMENT TO 20N I NG ATLAS File Number 92-
1. Vizcatran, Ltd. , hereby
apply to the City Commission of the City of Miami for an amendment to the toning 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:
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 outsi'de boundaries of
property covered by.this application. (See attached form.)'
S. At least two photographs that show the entire property (land and improvements.)
b. Atlas sheet(s) on, which 'property appears; '
_ X 7. Present zoning designation(%): R-4 Multi— F;u1 high -density residential.
8. Proposed zoning designation(s): R— TwO—family residential
9. Statement explaining why present zoning designation is inappropriate. (See attached form.)
10. Statement as to why proposed zoning destgnation is appropriate. (See attached form.)
11. Other (Specify)
12. Filing fee of S according to following schedules.
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area .0.0......0.. $ 0.12,
Minimum....................................................... $550000
R-3, R-4, 0, 6/I, per square foot of net lot area ............. S 0.15
Minima ....................................................... $650.00
C-1, C-2, 1, per square foot of net lot area ...... :........ ... $ 0.20
Minimum....................................................... $750100
C80 and all SO's, per square foot of net lot area ............. $ 0.22
Minimum ..................................... ................ .00
Signature:
r'
Name: Lourdes M. Fernandoz. gsg,.
Address: 110 Merrick Way, Suite 2-C
Coral Gables, Florida 33134
Phone: • (305) 443-9162
STATE OF FLORIDA } SS:
COUNTY Of WE }37
rnojwf9 duly mrn, 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 the fareaoina answers
and that the same are true and complete; and (if acting as agent for owner) •fie Aas�''�ys»oE eiaec+rao+e
this petition on behalf of the owner. ELIZABETH GARCIA
a coMMassm ?$*cc MAW
SWORN TO AND SUIR91810 "wMYC EXR Ea
before me this day of `\ 19� OCTo�EII�l /� l 1
i
r
1
.AFFIDAVIT
STATE OF FLORIDA }
} Ss _ J
COUNTY OF DADE }
Before me, _the undersigned authority, this day personally appeared
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 r required by
I 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
jattached to'this affidavit and made a part thereof.
2. That all owners which he represents, if any, have givencxheir 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.
(SEAL)
Sworn to and Subscribed before no
this4 day of -�Ct , 19
.p`•"N•ti• NOTARY PUK0 STATE OF FLOMDA
ELIZABETH GARCIA
COML468" NO cc 051838
{
TOM M 19 6
OWNER'S LIST
Owner's Name Vizcatran, Ltd.
Mailing Address c/o Lourdes M. Fernandez, Esq. 110 Merrick way, Ste. 2—C, Coral Gables, FL
Telephone Number (305) 443-9162
Legal Description:
TRACT A, VIZCATRAN GARDEN, AS PER THE PLAT THEREOF RECORDED IN
PLAT BOOK 129, PAGE 89 IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
Owner's Name
Mailing 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
None
Street Address
Street Address
Legal Description
Legal Description
-1-1220-39
1"I
09/21/1994 09:41 1305443bbIJ J P FITZGERALD P A PAGE 02
DISCLOSURE OR OYNERSHIP
I. Legal description and street address of subject real property:
TRACT A, VIZCATRAN GARDEN, AS PER THE PLAT THEREOF RECORDED IN
PLAT BOOK-129, PAGjV 89 IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
2. Owner(s) of subject real property and percentage of comrship. Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indireet, in the subject Netter of a presentation, request or
petition to the City Cowission. 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.
VIZCATRAN, LTD., 100% (limited partnership)
General Partner: Juan Delgado
Limited Partners: 2/3 — Juan Delgado and 1/3 Toehe, Inc.
3. legal description and street address of any real property (a) own 6y Ma,, pre z
listed in answer to Question 02. and (b) located within 37S feet of the hject
real property.
NONE
i
DYNWV ATTOMEV FOR OYNER
STATE OF FLORIDA } SS:
COUNTY OF UK } J
Lo 4P S M - ryotr t1(l f 1.,, being duly swore, d"oses aihi says that he is the
(Owner) (AttOM" for Owner) of the real property d"Cribod iN ansrer to Question 010
above; that he has rood the foregoinj answers and that the saw are t1Ue and complete;
and (if acting as attorney for wooer) that he has authority to a @Mte the 01100110n
of Ownership fors on behalf of the MM..
(SEAL)
(IMI)
SUM TO AND S UCRIM
before tAiAW
day of L 1
No ary Fubljle. S"tele Florida at Lase
A/ MCI OARY FMIC STATE OF FLORIDA
NV COMISSION E>VIMI Nn CO►atISSION tip. JM 6.199C
BONDED TM GENERAL INS. UND.
110220