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HomeMy WebLinkAboutO-11225J- 95-67 12/29/94 1,1225 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-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3001 AND 3019-21 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 SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board at its meeting of December 19, 1994, Item No. 7, following an advertised hearing, adopted Resolution No. ZB 141-94, by a five to one (5-1) vote, RECOMMENDING DENIAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding the recommendation of denial by the Zoning Board, 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: 1-12 2 5 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 3001 and 3019-21 Southwest 22nd Terrace, Miami, Florida, also described as Lots 23 and 25, Block 2, Amended Plat of MIAMI SUBURBAN ACRES SUBDIVISION, 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 influence living conditions in the neighborhood; (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; 14225 -2- I'A'N� (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 9th day of February , 1995. -3- 1.1225 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of AT S MA TY HIRAI CITY CLERK PREPARED AND APPROVED BY: 4,-,- /An, _;Z&, IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: • •k vES, III CITY ••,rtY -4- 1.1225 CITY OF MIAMI, FLORIDA PZ=4 INTER -OFFICE MEMORANDUM To : Honorable Mayor and Members DATE of the City Catmi.ssion SUBJECT FROM : REFERENCES Ce 'o Cit \ ager ENCLOSURES: oil FILE : Change of Zoning request for 3001 and 3019--21 S.W. 22 Terrace Agenda Item, City Cammission Meeting of February 9, 1995 It is respectfully reccemended that the City Cammi.ssion approve the requested change of zoning, for the properties located at 3001 and 3019-21 S.W. 22 Terrace, from R-2 Two Family Residential to C-1 Restricted Cammercial with the condition that a one foot strip along the southern boundary of the subject property remain R-2 zoning; this is to ensure that this edge of the property, which is adjacent to a duplex residential neighborhood, not be used for vehicular ingress and egress on the subject property. 1*2goea Ir On December 1, 1994, the City Commission heard and continued a request by Challenger Investiments Inc. to release a Declaration of Restrictive Covenant, for the property located at approximately 2951-2999 S.W. 22nd Terrace. At the time the above requested change of zoning for the subject property at 3001 and 3019-21 S.W, 22 Terrace was considered by the Zoning Board, the administration was not aware of the fact that the release of the above referenced covenant for 2951-2999 S.W. 22 Terrace was going to be sought, and therefore recce Tended approval of the change of Zoning with no conditions. The modified reccdmiendation from the Planning, Building and Zoning Department described above, which in fact requests that a one (1) foot strip along the southern boundary of the subject property remain R-2 Zoning, is primarily due to the fact that if the covenant described above is released, the City no longer has any means by which to protect the residentially zoned South side of S.W. 22 Terr'ace from ccmrercial traffic utilizing the street to access the subject property. The exclusion of the one (1) foot strip along the southern boundary of the subject property would ensure that S.W. 22 Terrace could not be used as a means of ingress or egress for the subject property once it is zoned C-1; it will also have the added benefit of prohibiting the properties on the south side of S:W. 22 Terrace from applying for changes of zoning solely because of their contiguousness to the subject property. © . 1.1225 REVISED ZONING FACT SHEET LOCATION/LEGAL 3001 and 3019-21 SW 22nd Terrace. Lots 23 and 25, Block 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES (4-73) PRDC. APPLICANT/OWNER Amancio Suarez for Challenger Inv., Inc. a Fla. Corp. 2960 Coral Way Miami, FL 33145 445-4020 ZONING R-2 Two -Family Residential. REQUEST - Change of Zoning as listed in the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-2 Two -Family Residential to C-1 Restricted Commercial. RECOMMENDATIONS: PLANNING, BLDG & 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. 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 Denied at the Planning Advisory Board Hearing of November 16, 1994 by Res. PAB 64-94 with a vote of 7-1. Continued from Zoning Board Hearing of November 21, 1994. ANALYSIS Over the past several years, the Department has received requests for zoning 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 zoning designation change is not only appropriate but necessary in order to accomodate 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 prevent this change from causing a domino effect of changes within the area. ZONING BOARD Recommended for denial to City Commission. (Res. No. 141-94) APPELLANT CITY COMMISSION Passed on First Reading. APPLICATION NUMBER 94- 331 Page I December 19, 1994 ' 1.12 2Z ANALYSIS OF PROPOSED ZONING CHANGE APPLICATION NUMBER 94- 331 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 i existing conditions on the property proposed for change. I i i X There are changes or changing conditions that make the passage of jthe proposed chahge necessary. � II 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 cha ge will contribute to the improvement or deve- lopment of adjac�nt 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. 1.12 2 5 December 19, 1994 j .. .as r+,lr . .:: �'.//I i rie1 • r S.T .. •a•t I• i• • 1 i. , t I ! It 11 10 ° • 7. 1•fb• br {� ,so i I.I.+ .r •�.. l ial tL'It,• I N IM I64 It, la ti r S N. lot �E. .,, al.•I•s ,��. a � III S. �1„ us! :u +y '" t II • t� Y lot .1 M its �camm—gmmmm ®� m�ovo�avov�, 1• ;!� r I•,a n N �Y II q f • . r 1 $1 ti S'- • S.1i1. Q .� its t .11 9 ++ le +• �• .• M v r1 •• 21 Cmi TRACT C �v100MO, t , . �1 r1• s r .I n•? 1a n jt u r h w oc n n •r S.W. '22 • • Ia Itnt Io • • , r• j ,l 1 t II 1• •0 1 1 Ell1• !° it t• t•110 )I fi „�• ,f ,a ,/ 11 I -, •1 i . -- ~ — —t—" ! 11l„j,�a !• I to . . • • 1 • 3: 18 O� :•r••.r- s e.—� 3T I �f r il'I II uuf�a+.: 1•�er t.lis�wM� 1 �y `. I tl� I •'I• '1 � �Ir . !file tY II to • • 4 '. , �t �I 01 am 11 fe �(•, II42 •_ < < • •• so •1 I, i I• I Is I Is I , MIAMI is oo 1 i•• a •Ito t1 It /1 ►a n ro 1T • • r a• • so 11 a�m�esMno�� r�mmm0m�um�. SION 111111011:11; < y( �r ' a ♦2 4 i Mr. Osvaldo Moran- ibeaux offered the following Resolution and moved its adop ion. RESOLUTION ZB 141-94 i 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 DENIAL 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 3001 AND..3019-21 S.W. 22ND TERRACE MORE PARTICULARLY DESCRIBED._. AS LOTS 23 AND 25, BLOCK 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES SUBRIVISION (4-73) PUBLIC RECORDS OF DADE COUNTY; ZONED R-2 WO -FAMILY RESIDENTIAL. It Upon being seconded by Mr. Lorenzo Luaces the motion was passed and adopted by the following vote: AYES: M s. Morales. Messers. Moran-Ribeaux, Laces, Carman and Crespo. NAYES: Ms. Basila. ABSENT: Mrs. Hernandez, Mr. Sands & Mr. Milian. ABSTAIN: Mr. Berket. Ms. Fernandez: Motion carries 5-1. December 19, 1994 Item# 7 ` Zoning Board i 12 2 5 1�2210. HE= AND OF 2W WAW hINUIr W C,11 T ONUIT t. When pertaining to the remoning of lend under application made uder section 2202.1(e), the report and relations of the Zoning Board shall show that the Zoning Hoard has studied end considered, where applicable, whether or not: (a) The proposed range conforms with the adopted Miami Comprehensive Neighborhood plan and does not require a plan amendment; (b) The proposed change is in harmoW with the established land use pattern; (c) The proposed dhmhge is related to adjacent and nearby districts; (d) The change suggested is not out of scale with the neads of the neighborhood or the city; (e) The proposed dha W maintains the same or similar population density pattern and thereby does not increase or overtax the load an public facilities such as schools, utilities, streets, etc.; (f) 5dstirg district boundaries ace illogically drawn in relation to existing conditions on the property proposed for change; (g) Qanged or dhmgdng caditiM asks the passage of the proposed change necessary; (h) The proposed dhnop positively infLnaruhe living conditions in the neighborhood; (i) The proposed dvsge has the save or similar impact on traffic and does rot affect public safety to a greater extent than the existing clasaff'—don; (j) The proposed change has the same or siadlaz impact on drainage as the existing classification; (k) The proposed dump has the seas or similar impart on light sod air to adjacent area as the existing classification; (1) The proposed dhatV has the aw, or sind]ar impact an property valves in the adjacent area as the existing classification; (m) The WWOBed range will contribute to the improvement or development of adjacent property in accord with exsting regulation; (a) The proposal longs coauWs the same treeCment to the individual owner as to owners within the same classification and the iaodiate area and furthers the protection of the public welfare; (o) There are substantial reasons why the use of the property is unfairly limited under _edstiag Zoning; (p) Tr is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. (HnMN) After considering the factors set forth in Section 2210 of Ordinance 11000, 1 move that the raga it® 7 ) be reco®aded to the Comnission for (aPP )(denial). Signature Item 0aee 213 1:1225 13 APPLICATION FOR AMENDMENT TO 20NING ATLAS File Number 4 -551 1, AMANCIO SUAREZ, PRESIDENT OF CHALLENGER INVESTMENT, INC. ,hereby apply to the City Commission Miami as more particularly information: of the City of Miami for an amendment to the toning Atlas of the City of described herein and, in support of that request, furnish the following 1. Address of property: LOTS 23 & 25, BLK. 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES PB.4,P.7: 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. 3. Affidavit disclosing ownership of property covered by application and disclosure.of interest. (See attached form.) 4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of property covered by -this application. (See attached fore:.) 5. At least two photographs that show the entire property (land and improvements.) 6. Atlas sheet(s) on which property appears: 42 7. Present zoning designation(s): R-2 8. Proposed zoning designation(%): C ' L. 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) 12. Filing fee of $ 2"800.Oillccording 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, 6/I, per square foot of net lot area ...... to ... 0. S 0.16 Minimum............................................::..4...... $650000 C-1, C-2, I, per square foot of net tot area .................. $ 0.20 Minimum .................... $750,00 COD and all SD's, per square foot of net lot area ............. S 0.X2 Minimum..................................to. too ..... ..,...00. $850.00 Signature: Nam: AMANCIO SUAREZ Address: 2960 Coral Way, Miami, Fla. 33145 Phone: ( 305) 446-4020 STATE OF FLORIDA } SS: COUNTY OF DADE } ,�j.scw�G�y (/. SG�f•+G-��-i being duly sworn, deposes and says that h��jj}f,Owner)A'h'o�ized Agent for Owner) of the real property -described in answer to question a'144readrthe . fo egoing answers p�Flon ' and that the same are true and complete; and (if acting as ag ),thltc�1��C�4 0 'ity to execute this petition on behalf of the owner. ; �� r is mn `jasjcnEXPire,�-zi17199 ,rComn► (SEAL) SWORN TO AND SUBSCRIBED before me this P day of 46-aS-k , 19j/ _..__._.. Notary Public, State of Florida at Large 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 tremendous demand for additional parking for the businesses fronting Coral 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. .nhror *01%nlla0.1%01/03/M .AFFIDAVIT STATE OF FLORIDA } } SS .� COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared AMANCIO SUAREZ, PRESIDENT OF , who being by nee first duly sworn, upon oath, deposes CHALLENGER INVESTMENT, INC. and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by. Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for 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) (M) AMANCIO SUAREZ, PRESIDENT Sworn to and Subscribed before me 11 225 this P day of vG-vs f ► 1gY�' , ,�� ��:T.�.1�r,��,r�,�» ,.:..:.... .......,,,., ;. Giunak�. Mar- X' +; .. .�- —_ i� } ~`r V: .• P;►+�;c= cafe of f:lun::� .` ,►mrc t sion No. CC ?w 2142 c ����-�'�-�C.� '� �c•:.ti� .'v!�, f.�numcsiun Expires .'�;; �;a., Notary Public, State of Florida at Large 4 OWNER'S LIST Owner's Name AMANCIO SUAREZ, PRESIDENT AND 100% OWNER OF CHALLEGER INVESTMEN' INC. Mailing Address 2960 CoraL Way, Miami; Florida 33145• Telephone Number ( 305 ) 44 '. •• .- 020 Legal Description: Lots 23 & 25, BLk. 2, Amended Plat of Miami Suburban Acres.P.B. 4, Pg. 73. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Nan Mailing Address Telephone Number Legal Description: Any other real estate proptfty owned individually, jointly, or severally (by corporation, partnership or privately) wit 375 feet of the subject site is listed as follows: Street Address 2960-2980-90 3010 S.W.22nd St. 2963-2975 S.W. 22nd Terrace Street Address i Street Address Legal Description Lot 7,8,10,11,12,;0,16,17,18,26,27,28 & 29 r BLocl- 2, amended Plat of Miami Suburban Acres P.B.4,P-73, of the Public Records of Dade County,FLa.. Legal Description Legal Description . i i 2 2 5 DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: Lots 23 and 25, Block 2, Amended Plat of Miami Suburbar Acres, P.B. 4, P.-73. ^I 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. CHALLENGER INVESTMENT, INC. 100% Owner of Property c/o 11533 S. Dixie Highway Miami, Florida 33156-4445 Amancio V.-Suarez, 100% Ownership 3. 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. Lots 7,8,10,11,12,15,16,17,18,26,27,28 & 29. 2960-2980-90 3010 S.W. 22nd Street 2963-2975 S.W. 22nd Terrace OWNER OR ATTORNEY F R OWNER AMANCIO V. SUAREZ, PRESIDENT STATE OF FLORIDA } SS: COUNTY OF DADE } 41AA1G Z. a v, Sv-7/ , being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question fl, above; that he has read the foregoing answers and that the saes are true and complete; and (if acting as attorney for owner) that he has auth ity to exeeute the Disclosure of Ownership form on behalf of the owner.. (� •�-` '°_JV.a-.e-�ca� (SEAL) (Name) SWORN TO AND SUBSCRIBED before me this d' day of u 9 MY COMMISSION EXPIRES: Notary Public, State of Florida at Large ` r f •�'' �. Uluria E. ^!�r N7-7111 blic,'tawofFlord, � T _ - ; Conur:e,.,otJo.CC?42792 ;'`�'o; ri ' h1v Cuirunissiva F,zaires !7117/94 . r9 11225 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 Sookie W11118me, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review Iikin Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published 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. 11228 In the ........... XXXXX ........... k........ Court, was published In said news spar In the Issues of Mar 21, 199r Afflant further says that the said Miami Dally Business Review is a newspaper published at Miami In said Dade County, Florida, and that the sold 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 ertisement; and off lent further says that she has nelth nor promised any person, firm or corporation any sc nl, rebate, commission or refund for the purpose of u g this advertisement for publication In the said no p r.zj� 21 Sworn to an subscribed ors me th1 Mardi 99s5 yo1 ..... 7Z F R-ORIDA (SEAL) IMWIUN;JO. CC 172106 Sookle'Millams onally kno MY CC)mM1,CSIUN EXI'. AN. G,}