HomeMy WebLinkAboutO-11227J-95-66
12/29/94
ORDINANCE NO. 14227
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 3023-25-27-31-33
SOUTHWEST 22ND TERRACE, MIAMIP 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. 8, following an advertised hearing,
adopted Resolution No. ZB 142-94, by a five to one (5-1) vote,
RECOMMENDING DENIAL of a change of zoning classification, aE
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:
1.1227
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 3023-25-27-31-33 Southwest 22nd Terrace,
Miami, Florida, also described as Lots 20, 21 and 22, Block 2,
Amended Plat of SUBURBAN ACRES SUBDIVISION according to the Plat
thereof, 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;
-2- 1.1227
(i)
will
not
create a drainage
problem;
(j)
will
not
seriously reduce
light and air to adjacent
area;
(k) will not adversely affect property value 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.
1.122?
-3-
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 23rd day of February ► 1995•
la4 A,(:L;- 4ul.,
STVPHEN P. CL K, MAYOR
%-.L 1 1 I.JJL' ill\
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
M. Q INN ES, III
CITY ATTOPAEY
M2102/IMA/ms
11227
ME
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE :
of the City Cm ission
SUBJECT
FROM ; REFERENCES:
Ces
City ENCLOSURES
I
FILE:
Change of Zoning request for
3023-25-27-31-33 S.W. 22
Terrace
Agenda Item, City Cannission
Meeting of February 9, 1995
It is respectfully recommended that the City Commission approve the requested
change of zoning, for the properties located at 3023-25-27-31-33 S.W. 22
Terrace, frran R-2 Two Family Residential to C-1 Restricted Commercial 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.
On December 1, 1994, the City Ca mission heard and continued a request by
Challenger Investments 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 3023-25-
27-31-33 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 recommended approval of the change of Zoning with no conditions.
The modified reccmTendation 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 Terrace from commercial 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.
1122-7
REVISED
ZONING FACT SHEET
LOCATION/LEGAL 3023-25-27-31-33 SW 22nd Terrace.
Lots 20, 21 & 22, Block 2, AMENDED PLAT OF MIAMI SUBURBAN ACRES (4-73) PRDC.
APPLICANT/OWNER Nicola & Ana Cossentino
3850 Coral Way
Miami, Florida 33145-3208
444-0206
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 65-94 with a
vote of 7-1. Continued from Zoning Board Hearing of 11/21/94.
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. 142-94)
APPELLANT
CITY COMMISSION , Passed on First Reading.
APPLICATION NUMBER 94- 332 Page 1 December 19, 1994
Yes
No
X
X
I
X,
X
X
X
X
Xs
X
X
X
X
X
X
X
X
N/A
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 94- 332
The proposed change is in harmony with the adopted Miami Compre-
hensive Neighbor ood 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 proposedchange 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 cha ge will contribute to the improvement or deve-
lopment of adjac�nt 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. il 2 2.7 5
December. 19, 1994
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Mr. Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
RESOLUTION ZB 142-94
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 DENIAL TO
THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ZONING ATLAS OF THE 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
3023-25-27-31-33 S.W. 22 TERRACE LEGALLY DESCRIBED AS
LOTS 20, 21 & 22, BLOCK 2, AMENDED PLAT OF MIAMI SUBURBAN
ACRES SUBDIVISION (4-73) PUBLIC RECORDS OF DADE COUNTY;
ZONED R-2 TWO-FAMILY RESIDENTIAL.
if
Upon being seconded by Mr. Lorenzo Luaces
the motion was passed and adopted by the following vote:
AYES: Mrs. Morales. Messers. Moran-Ribeaux,
Luaces, Carman and Crespo.
NAYES: Mi. Basila.
ABSENT: Mrs. Hernandez, Mr. Sands & Mr.'Milian.
ABSTAIN: Mr. Barket.
Ms. Fernandez: Motion carries 5-1.
December 19, 1994 Item# 8
Zoning Board
��227
SOMON WO. NCM AND MWUMWIS OF MM MM m CI1T OIIMEWM
%an pertaining to the rezoning of ]and under application made under section 2202.1(e), the
report and recommendations of the Toning Board shall show that the Zoning Hoard has studied and
considered, where applicable, whether or not:
(a) 1:e proposed dnage conforms with the adapted Miami Comprehm ive Neighborhood Plan
and does not require a plan amendment;
(b) •ha proposed longs is in harmony with the established lard use pattern;
(c) 9a proposed dump is related to adjacent and nearby districts;
(d) The dmW suggested is not out of scale with the needs of the neighborhood or the
city;
(a) Me proposed longs maintains the same or similar population density pattern and
thereby done not increase or overtmr the load on public facilities such as schools,
utilities, streets, etc.;
(f) Edsting district boundaries are illogically drawn in relation to existing
conditions on tin property proposed for change;
(g) Chm- ad. or dwgUg conditions moire the passage of the proposed longs necessary;
(h) Th .roposed c!mp positively infln>encae living conditions in the neighborhood;
(i) The proposed longs has the sae or similar inpact on traffic and doss not affect
public safety to a greeter extent than the endstiag nlassifirarlon;
(j) The prgnoeed dmauge has the sae or similar Inpact on drainage as the existing
classification;
(k) 'lone proposed longs has the sass or similar Impact an light and air to adjacent
areas as the existing classification;
(1) Mme proposed longs has the sae or similar Impact on property values in the
adjacent area as the edsting clan®ification;
(mon) 'ha proposed flange will contribute to the improvement or development of adjacent
property in accord with existing regulations;
(a) The proposed dangp conveys the sae treatment to the Individual omaret as to cimmm
within the same classification and the inme iatn area and furthers the protection
of the public welfare;
(o) hnere are substantial reasons why the use of the property is unfairly limited under
adstirg mord ;
(p) It is difficult to find other adam-re sites in the s rmwAing area for the
proposed use in districts already permitting such use.
(MnMW) After considering the fact to set forth in Section 2210 of Ordinonce 11000, I moue that
the reyumesL
a®msmda mm item ) be reaoerded to ty Comedssion for
(app (denial
signat
mac p •0
Item
Date
? -33 2-
27 is
APPLICATION FOR AMENDMENT TO TONING ATLAS File Number 1032
1, NICOLA COSSENTINO & WIF,E ANA COSSENTINO 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: Lots V0,/2j &Y22,BLk.2, amended Plat of Miami Suburban Acres PB-4,P.73
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 form.)
S. At least two photographs that show the entire property (land and improvements.)
6. Atlas sheet(s) on which property appears: 4 2.
7. Present zoning designation($): R - 2
8. Proposed zoning designation($): C -1
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 $3, 400.O@ccording to following schedule:
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot 0 net lot area ............. S .0.12.
Minimum....................................................... $550.00
R-3, R-b, 0, R/I, per square foot -of net lot area ............. $ 0.16
Minim ....................................................... $650.00
C-1, C-2, 1, per square foot of net lot area ......:........... $ 0.20
s Minim....7.7..AOA.SG..E�.,................................ $750.00
CBD and all SO's, per square foot of net lot area ............. $ 0.i22
Minim..............................................�064006$850000
oaeAzet� Signature:
Ana Cossentino Name: Nicola Cossentino
Address:
Phone:
3850 Coral Way, Miami, Florida 33145-32(
(305)444-0206
STATE OF FLORIDA } SS:
COUNTY OF DADE }
�A ✓Af '
Ce"c4�4i.vo � �
being duly worn, deposes and says that�rh-the (OwnerVAuthorized Agent for
Owner) of the real property -described in answer to question 1 abov a for oing answerx
and that the same are true and complete; and (if acting a$ agen thaw 1n rity to execute
this petition on behalf of the owner. i fsorida
SWORII TO AND SUBSCRIBED Ly .-1
before me this day of _ �G�L, 19�
MY COMMISSION EXPIRES:
(SEAL)
Nor..r vir !v
Notary Pudic, 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. �Iln 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.
i7M►N'a011\M/19..1\01/ WH{
1A22'7
,AFFIDAVIT
STATE OF FLORIDA }
) SS J
COUNTY OF DADE }
N I C O L A g C O S S E meI N he O &dersigned authority, this day personally appeared
WIFE A NA C O S S E N T I NO who being by " first duly sworn, upon oath, deposes
and says:
1. That the owned 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 Mimi, 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 him to act in their behalf for the change or modifica-
tion of a classification or regulation of toning 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, numbers and legal descriptions
for the the real property of whtch -the owne!5or 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.
Sworn to and Subscribed before me
this -2— day of
Notary Public, State of Florida at Large
iiv Commission Expires:
(SEAL)
ICOLA.,G,�OSSENTINO
L r-(IV Q II�c�s-�/`�
DSSENTINO
f*M pb
Glena Z "+lav- -'a
• �ci.: 9 ?,rbllc, .state of Ficrida `
Er.. e: • , < _ i�o cr tiia'^ n3 Co.
�. rG
4 OWNER'S LIST
Owner's Name NICOLA COSSENTINO AND WIFE ANA COSSENTINO
Mailing Address 3058 Coral Way, Miami, Florida 33145 '
Telephone Number ( 305 )444-0206
Legal Description:
LOTS20,/21 andr22, Block 2, amended Plat of Miami Suburban Acres
P.B.-4,,Page 73.
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Nave
Mailing Address
Tt l - ihone Number
Legal Description:
Any other real estate property mined individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject sits; is listed as follows:
Street Address legal Description
ONLY THE ABOVE REFERRED LOTS
Street Address
Street Address
Legal Description
Legal Description
1,1227
0
DISCLOSURE OF OWNERSHIP
I. Legal' description and street address of subject real property:
LOTS ,.r ,rej andBlock 2, amended Plat of Miami Suburban Acres
P.B. 4, P.73.
3058 S.W. 22nd Street..JMiami, Florida 33145-3208
3031-33, 3027, 3023-25 S.W. 22nd Terrace. '
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 i2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Nicola Cossentino and Wife Ana Cossentino
3058 S.W. 22nd Street too QFew (p
Miami, Florida 33145-3208
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 02, and ) located within 375 feet of the subject
real property. ' 1�. r2. 6MVWVP ft,A-T OF I A JL V
NONE AMIEZ,
OWNER OR ATTORNEY FOR OWNER
NICO A COSS INO
STATE OF FLORIDA } SS:
COUNTY OF DADE } A N A C O S S E N T I N O
A iv A C o sn S4 e" f AJ o
//Ico Llr CoH c s a,., 4 1 ►✓a being duly sworn, deposes and says that Im-4-9 he
((Owwnns�--(Attorney for Owner) of the,real'property described in answer to question #I,
ve; aa6othat he has read the foregoing answers and that the sage are true and complete;
and (if acting as attorney for owner) that he has — -. sp exto & the Disclosure
of Ownership fore on behalf of the owner.
Comm-::,. i'.: ' -. --C342792
w h(y Comml,:!:;.. ctpuea ON17/9i (SEAL) .
!1d' .• r. 4J
SWORN TO AND SUBSCRIBED
before ee this-�
day of 19_gcp
Notary Public, State of Flor da at Large
MY COMMISSION EXPIRES:
14227
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 WUllams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review flk/a 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. 11224
In the ........... XXXXX
.......1.1......... Court,
was published In said news aper In the Issues of
Mar 21, iq9
Afflant further says that the sold Miami Daily Business
Review Is a newspaper published at Mfaml 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 mall matter at the poet
office In Miami In sold Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
nolther nor promised any person, firm or corporation
any di
co nt, rebels, commission or refund for the purpose
oZsu this dvertlsament for publication In the sold
n
Cr h 21 Swam to and
d
(SEAL)
Sookle Wlllfams pe ally know
kerilod before me this
... P ..��i4�i�1r5 PEN
NOTARY PUBLIC STA'I'I:OF q.4)RID
COW I:�FdON NO. CC 172108
�OCOMMISSION EXP. [AN. 6,1996
4