HomeMy WebLinkAboutO-11223J-95-90
1/18/95
ORDINANCE NO. 11223
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-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR
THE PROPERTY LOCATED AT 3015-3017 SOUTHWEST
22ND TERRACE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF
SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILTTY CLAUSE.
WHEREAS, the Miami Zoning Board at its meeting of
January 9, 1995, Item No. 7, following an advertised hearing,
adopted Resolution No. ZB 007-95, by a six to two (6-2) vote,
RECOMMENDING APPROVAL of a change of zoning olassification
subjeot to the oonditions of the Planning Division of the
Planning, Building and Zoning Department, 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:
11223
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-2 Two -Family Residential to C-1 Restricted Commercial for
the property located at 3015-3017 Southwest 22nd Terrace, Miami,
Florida, also described as Lot 24, Block 2, AMENDED PLAT OF MIAMI
SUBURBAN ACRES as recorded in Plat Book 4 at Page 73 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 influenoe 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;
1.1223
-2-
(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. 42 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).
PASSED ON FIRST READING BY TITLE ONLY this
February , 1995.
-3-
L
9th
day of
1,1223
1
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 23rd day of February , 1995.
AT S
M&TTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
-.,O�Oxzc/
MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
s
. QU IT J , III
CITY TTO Y
GMM/ms/bss/M2112
-4-
ok " A , (J;. I 4a,
SITEPHEN P. CLkRK, MAYOR
1,1223
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
REQUEST _
ZONING FACT SHEET
REVISED
PZw2
3015-17 S.W. 22nd Terrace
Lot 24, Block 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES (4-73) PRDC.
Celia Rau, Owner
3015-17 S.W. 22nd Terr.
Miami, Florida
Amancio Suarez, Buyer
Adrienne F. Pardo, Esq.
1221 Brickell Avenue
Miami, Fl
R-2 Two -Family Residential.
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-2 Two -Family Residential to C-1 Restricted Commercial.
RECOMMENDATIONS:
PLANNING, BLDG b ZONING Approval with condition.
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.
Violations) Cited: N/A.
Ticketing Action: N/A.
Affidavit of Non -Compliance issued on: N/A.
Total Fines To Date: N/A.
CEB Action: N/A.
Last Hearing Date: N/A. Found: N/A.
Daily Fine: $0.00 Lien Recorded On: N/A.
HISTORY Recommended for denial on 12/21/94 Planning Advisory Board Hearing by Res. PAB 75-94 with a
vote of 9-0.
ANALYSIS Over the past several years, the Department has received requests for zoning designation
changes in this area. As a result, a study was conducted in order to consider changing all the
lots fronting SW 22nd Terrace, on the north side, from SW 27th to 30th Avenues. The study
ultimately recommended denial of this area wide change finding that many of the property owners
of the subject lots were not yet prepared for the change. The conditions in the area have
changed to the degree where the change is not only appropriate but necessary in order to
accommodate the growth of the Coral Way Commercial Corridor. Based on these findings, the
Planning, Building and Zoning Department is recommending approval of the application with the
condition that a one foot (1'-0") strip around the portion of the property which abuts a less
intense district remain R-2; this is in order to prevent ingress and egress from the subject
property as well as to ensure that the requested change does not begin a domino effect of
changes within the area.
ZONING BOARD Recommended for approval to City Commission. (Res. No. 007-95)
APPELLANT
CITY COMMISSION , Passed on First Reading.
1.1223
APPLICATION NUMBER 94- 347 Page 1 January 9, 1995
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 94- 347
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. 3
1.1223
January 9, 1995
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at
t
Mr. Arsenio Milian
and moved its.adoption.
offered the following Resolution
RESOLUTION ZB 007-95
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED APPROVAL
TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ZONING ATLAS OF THE ZONING ORDINANCE NO. 11000,
PAGE 42, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3015-17
S.W. 22ND TERRACE MORE PARTICULARLY DESCRIBED AS LOT 241
BLOCK 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES (4-73)
PUBLIC RECORDS OF DADE COUNTY; ZONED R'2 TWO-FAMILY
RESIDENTIAL... THIS RECOMMENDATION -IS SUBJECT TO THE -
CONDITIONS OF THE PLANNING DIVISION OF PLANNING, BUILDING
AND ZONING DEPARTMENT.
Upon being seconded by Mr. Lorenzo Luaces
the motion was passed and adopted by the following vote:
AYES: Ms. Basila. Messers. Milian, Luaces,
Barket,.Carman and Crespo.
NAYES: Mrs. Morales and Mr. Moran-Ribeaux.
ABSENT: Mrs. Hernandez and Mr. Sands.
Ms. Fernandez: Motion carries 6-2.
January 9, 1995
Zoning Board
I teen# 7
11223
SE= 2210.
AND OWnWUS Q► MUM BOA® NEW TA CUT ONMEM
Uben pertaining to the rezoning of lead under application made under section 2202.1(e), the
report and recommendations of the Zoning Board shall show that the Zoning Board has studied and
considered, where applicable, whether or not:
(a)
The proposed charge conform with the adopted Miami Comprehensive Neighborhood Plan
and does not require a plan amerdwnt;
(b)
The proposed charge is in harm►a y 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;
(a)
The proposed dwage maintains the same or aimilar population density pattern and
thereby does not increase or overtax the load on public facilities such as schools,
utilities, streets, etc.; -•
(f)
Existing district boundaries are illogically drawn in relation to existing
cooditions an the property proposed for change;
(g)
Cheged or charging canditOw make the passage of the proposed dhanhge necessary;
(h)
The proposed change positively influences living conditions in the neighborhood;
(i)
The proposed dvgp 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 dugp has the same or similar impact an drainage as the existing
classification;
(k)
The proposed change has the same or similar impact on light and air to adjacent
arras as the existing classification;
(1)
The proposed dha<ge has the same or simdlar impact on property values in the
adjacent area as the existing classification;
(m)
The proposed dugp will contribute to the improvement or development of adjacent
property existing regulations;
s;
�• (n)
,,IIn�laoy000rd,�with
The proposed change comWa the same treatment to the individual Owner as to owners _
within the as= classifications and the 1--diate area and furthers the protection
-•
of the public welfare;
(o)
There are substantial reasons why the use of the property is unfairly limited under
misting ; ,
(p)
It is difficult to find other adequate sites, in the surrounding area for the
proposed use in districts already permitting such use.
(M3M) After considering the factors set forth in Section 2210 of Ordinance 11000, I move that
the
request (agenda item 7 ) be recommended to the City Commission for
(approval) (denial).
• /�P.tt,�il
SSgnhature
Item _
r 15j
Gate
11223 11,
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number 92-
I, Adrienne Friesner�Par.do , 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: 3015-17 S.W. 22nd Terrace, Miami, Florida
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.)
X 4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of
property covered by this application. (See attached form.)
5. At least two photographs that show the entire propertyy (land and improvements.)
=X, 6..Atlas sheet(s) on which property appears: page 42
1. Present zoning designation(s): R-2 Two Family Residential _
--erg 8. Proposed zoning designation(s): r-1_ Raa*rirtari r'nmmori-inl
9. Statement explaining why present zoning designation is inappropriate. (See attached form.)
10. Statement as to why proposed zoning designation is appropriate. (See attached form.)
11. Other (Specify)
__d._ 12. Filing fee of $ 1,10 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 lot area ............. $ 0.16
Minimum....................................................... $650,00
C-1, C-2, I, per square foot of net lot area ........0......... $ 0.20
Minimum....................................................... $750.00
CBD and all SD's, per square foot of net lot area ............. $ 0.22
Minimum....................................................... $850.00
Signature: ,��,P"J--)o
Nam: Adrienne Friesner Pardo
Address: 1221 Brickell Avenue, Miami, FL 33131
Phone: (305) 579-0683
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Pardo , being duly sworn, deposes and
Owner) of the real property described in answer to question
and that the same are true and complete; and (if acting as
this petition on behalf of the owner.
SHORN TO AND SUBSCRIBED
before me this :�_ day of 19
MY COMMISSION EXPIRES:
Personally known.
says that he is the (Authorized Agent for
1 above; that he has read the foregoing answers
agent for owner) that he has authP
ority to execute
6AAA V j6dco Gt� (SEAL)
Adrienne Friesner Pardo
NoWry'Pablic, State of Florida at Large
+ICU�L NO
JUNE H DAVIS
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC 163009 4 q c>I c�
MY COMMISSION EXP. NOV. 21,1995 1 1 2 2G
Statement Explaining Why the Present zoning Designation
is no Longer Appropriate
-'Due to the change in the area, the current zoning designation
of R-2 is no longer appropriate for the subject property which is
requesting a rezoning designation of C-1. The area is in
tremendo"s demand for additional parking for the businesses
fronting :oral Way. In addition, many of the prior homeowners on
the north side of S.W. 22nd Terrace have moved and sold their
properties to businesses on Coral Way in order to allow for future
development of said land.
.VN%.,AWM%nlUN. A111"M
Iq
11223
AFFIDAVIT
STATE OF FLORIDA }
} sS
COUNTY OF DADE }
Before me, -the undersigned authority, this day personally appeared
,fg AA, RW who being by as first duly sworn, upo! oath, deposes
and says:
1. That he is. the(own;, 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 Mimi, Florida, affecting the real'"
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
• Z. That all owners which he represents, if any, have given their full
and complete permission for his to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real proporty of which he is th owner or legal representative.
4. The facts as represented in the application and docusents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(Nam) CELIA RAU
Sworn to and Subscribed before me
this day of CSC 14,�r�
aqw
Notary Pu it, State of Florida at large
b,. inn ryniest�
11223
}ti':rho. FAYE W. HQNDEAICH
My coMMMION # cc
` Af„ EVIRES: September 9 1
, @9g
sanded mN ►romm PubNc Uf1Qe �
1 V5
OWNER'S LIST
Owner's Name :VTR RAU
Mailing Address 3015-17rSW �22 �rer,Yaoe,.Mia i► F��..._..w~.i,.._..r i �wrw.r.�.w.yyw.w
Telephone Number -
legal Descriptions U)t: 241' Block' 2, Amendeci plate .af- Miw+mi, Suhuzb;.;n AorRs,,
plat: Book q at: paaP *3 of the pnDG. •.
Owner's Ma►me
Mailing Address
Telephone Number
Legal,Descriptioni
Owner's Mere
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 376 feet of the subject site is listed es follows:
Street Address legal Description
None
Street Address
Street Address
Legal Description
Legal Description
n
11223
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
3015-17 SW 22 Terrace,• Miami, .FL
Int 24, Block 2, Amended viai: at Miami Sub=ban Acres
Plat Back .at: Paae vp of the I'RDC,.
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 natter of a presentation, request or
petition to the City Comission. Accordingly, question t2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, -and/or any other interested
parties, together with their addresses and .proportionate interest.
Celia Rau, individually ( /v0 d/0 C)whe-r.5Aip
..4146-•
I. Legal description and street address of any real property (a) owned by any party
listed in answer to question !2, and (b) located within 375 feet of the subject
real property.
None.
OWNE OR ATTORNEY FOR OWNER
CELIA RAU
STATE OF FLORIDA } SS!
COUNTY OF CADE }
CELIA RAU _, .- "t being duly sworn, deposes end says that he is the
(Owner (Attorney for Owner) of the real property described in answer to question #I,
a e; that he has read the foregoing answers and that the sane are true and complete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership fora on behalf of the owner.
tC I c' (SEAL)
(Naas)
SWORN TO AND SUBSCRIBED
before se this
day of S,, 19
MY COMMISSION EXPIRES!
W .
Notary tp
lic, State of Florida at Large
FAYE W. HONDERICH
"= MN COMMISSION N cc
E7(PIRFS: September 3,19N8
garded Thm Notary Pu* UdeN tars
17
11223
DISCLOSURE OF OWNERSHIP
1.' Legal description and street address of subject real property:
3015-17 S.W. 22nd Terrace, Miami, Florida
Lot 24, Block 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat
thereof as recorded in Plat Book 4 at Page 73 of the Public Records of Dade
County, Florida
2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject utter 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.
Celia Rau owns the property. Amancio Suarez has a contract to
purchase the subject property.
. 6"
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question I2, and (b) located within 375 feet of the subject
real property.
Challenger Investments, Inc. (of which Amancio Suarez is the President) owns
Lots 23, 25, Block 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the
Plat thereof as recorded in Plat Book 4 at Page 73 of the Public Records of
Dade County.
See Insert "A" s�4-�
OWNER OR A170ANEY FOR •QWNER- BOy
Adrienne Friesner Pardo
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Pardo u ) being duly sworn, deposes and says that he is the
(Owner) (Attorney for,*ever} of the real property described 1n answer to question P1,
above; that he as 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 SUBS VED
before me it is
day of
MY COMMISSION EXPIRES:
Personally known.
(SEAL)
(Name)
Adrienne Friesner Pardo
Mary Public, State of Florida at Large
1.1223
ENOTARYFUBLICSTxi'�.
L NarARY SEAL
UNE H DA.VT
,..5;: 1 .E'A:,= V18SSIi',r. nc :.:+ �r:.ti OF FLORJDAISyIUiv r -� C 163DD9NOV. 21,1995
4
INSERT "A"
rwo
2963-2975 S.W. 22nd Terrace
2960-2980-2990 S.W. 22nd Street
3010 S.W. 22nd Street
Lots 7, 81 10, 11, 12, 15, 16, 17, 18, 26, 27, 28 and 29,
Block 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES, according
to the Plat thereof as recorded in Plat Book 4 at Page 73
of the Public Records of Dade County, Florida.
1.1223 Iq
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
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review Sunda
andLegal Ho idays) newspaper, iPubl shed at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI, FLORIDA
ORDINANCE NO. 11223
In the ........... XXXXX .................... Court,
was ublished In said news apsr In the Issues of
Mar 21, 199?
Review Iant ts ofurther newspaper that
publ shed said
at Miami in ee Business
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 mall matter at the post
Office In Miami In said Dodo County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and atflant further says that she has
neither 2ald nor promised any person, firm or corporation
any di nt, rebels, commission or refund for the purpose
oZIU g this advertisement for publication in the said
n,
21 Sworn to and subscribed before me this
5
March
of 2 :� . .... - - .., A. tfl......
(SEAL) F .. A1...(. ! ... .
AGRII ' E.
Sookle Wllllam personally fiWf V?nWSL.IC STA-M GF FLORID
COMMISSION NO. CC 172108
blY COUXIISSION EXY. AN, 6199d ........ •..-r,4
1