HomeMy WebLinkAboutO-11228J-94-897
11/2/94
11228
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-1 SINGLE-FAMILY
RESIDENTIAL TO 0-OFFICE FOR THE PROPERTY
LOCATED AT 2474 SOUTHWEST 27TH TERRACE, MIAMI
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 43 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. 6, following an advertised hearing,
adopted Resolution No. ZB 98-94, by a seven to two (7-2) vote,
RECOMMENDING APPROVAL of a change of zoning classification, as i
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:
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
11228
hereby amended by changing the zoning classification from R-1
Single -Family Residential to 0-Offioe District for the property
located at 2474 Southwest 27th Terrace, Miami, Florida, also
described as Lots 16 and 17, Block 49, SILVER BLUFF ESTATES
SECTION "C", according to the Plat thereof, as recorded in Plat
Book 10 at Page 68 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;
(j) will not seriously reduce light and air to adjacent
area;
11228
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(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. 43 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 Qth day of
Fehrliary , 1995.
11228
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 23rd day of February 1995.
►mac �S� l./"G�..
S PHEN P. CLARK, MAYOR
A E
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
Anne,
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QU NN J S, III
AT CITY TO Y
M2079/GMM/mis/bss
i1228
-4-
ZONING FACT SHEET Pzdis
LOCATION/LEGAL 2474 SW 27 Terrace
Lots 16 and 17, Block 49, SILVER BLUFF ESTATES SECTION "C", PB (10-65) PRDC.
APPLICANT/OWNER Stephen D. and Elaine H. Pearson
7895 SW 131 Street
Miami, FL 33156
372-1225/233-361 _..
ZONING R-1 Single -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-1 Single -Family Residential to 0 Office.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
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. Recommended for approval on 9/21/94 by Res. PAB 45-94 with a vote of 7-2.
ANALYSIS The requested zoning change from R-1 Single Family Residential to 0 Ofice is going to increase
the capacity and potential for parking and traffic problems within a stable residential area.
Based on these findings, the Planning, Building and Zoning Department is recommending denial of
the application as presented.
ZONING BOARD Recommend approval to City Commission. (Res. No. 98-94)
APPELLANT 11228
CITY COMMISSION Passed on First Reading. -
APPLICATION NUMBER 94- 303 Page 1 October 17, 1994
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 94- 303
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.
ii228
October 17, 1994 Itemf 6
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Mr. Gary M. Carman
and moved its adoption.
offered the following Resolution
RESOLUTION ZB 98-94
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, THE ZONING BOARD RECOMMENDED APPROVAL
TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ATLAS OF THE ZONING ORDINANCE NO. 11000, PAGE
43, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM R-1 SINGLE-FAMILY RESIDENTIAL TO 0
OFFICE FOR THE PROPERTY LOCATED AT 2474 SW 27TH TERRACE
LEGALLY DESCRIBED AS LOTS 16 AND 17, BLOCK 49, SILVER
BLUFF ESTATES SECTION "C" (10-65) PRDC; ZONED R-1
SINGLE-FAMILY RESIDENTIAL.
upon being seconded by Mr. George E. Barket
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Hernandez. Messers.
Carman, Barket, Crespo, Milian and
Moran-Ribeaux.
NAYES: Mrs. Morales and Mr. Sands.
ABSENT: Mr. Lorenzo Luaces.
Ms. Fernandez: Motion carries 7-2.
October 17, 1994 Item# 6
Zoning Board
11228,
S MON 2210. umm Aim ammmm OF wmw mup mww m CC1Y ammm i.
Rm pertaining to the rezoning of land under application made under section 2202.1(e), the
report and recommendation of the Zoning Board shall show that the Zoning Board has studied we
considered, where applicable, whether or not:
(a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan
and does not require 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;
(a) 'Ilia 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) i3dsting district bcandariea ;r sre illogically drawn in relation to existing
conditions on the property proposed for change;
(g) dinged or changing conditions make the passage of the proposed change wry;
;• (h) 7lie proposed change Obsitivelk 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 same or similar impact on drainage as the existing
classification;
(k) The proposed dump has the same or similar impact an light and air to adjacent
areas as the existing classification;
(1) The proposed change has the same or similar impact on property values in the
adjacent area as the existing classification;
(m) The proposed chafe 411 contribute to the improvement or development of adjacent
property in accord with existing regulations;
(n) The proposed dmw conveys the same treatment to the individual owner as to owners
within the same classification and the imwdiate area amid 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
prgnoeed use in districts already permitting such use.
(HMM) After considering the factors set forth in Section 2210 of Ordinance 11000, I move that
the request (agenda item (P ) be recommended to the City Comid iaa for
)hn r
I122
Item —
o% �Zq�-
T—
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number 92-
IStepehn D. Pearson and Elai.jne'.H. Pear-= hereby.,
apply to the City Comsission 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:
X 1. Address of property: 2474 S.W. 27th Terrace, Miami, FLroida
i� 2. Two surveys, prepared by a State of Florida Registered Land Surveyor.
X 3. Affidavit disclosing ownership of property covered by application and disclosure of interest.
(See attached fors.)
_ 4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of
property covered'br this appllcatTonr. (See attached form.) - --
X S. At least two photographs that show the entire property (land and improvements.)
X 6. Atlas sheet(s) on which property appears:
_.IL_ 7. Present zoning designation(s): R-1 (Single Family .Reside: re)
X S. Proposed zoning designation(s): Q jo firP1
X 9. Statment explaining why present zoning designation is inappropriate. (See attached form.)
i(} _ 10. Statement as to why proposed zoning designation is appropriate. (See attached form.)
X 11. Other (Specify) DEED
X 12. Filing fee of $ 8 0.00 according to following schedule:
Change of zoning classification to:
CS, PR, R-I,'-M, per square foot of net lot area .............. S �/0�.12
Minimum ....................... ;............................... $550.00
R-3, R-4, O, 6/1, per square foot of net lot area ...........:. 1 0.16
Minimium....................................................... $650.00
C-1, C-2. I, per square foot of net lot area .................. t 0.20
Mini. .................. $750.00
.....................................
CBO and all SO's. per square foot of net lot area ............. S 0.22
Minima ............................. 0.................. ,,..... 3850.00
Signature:
Nays:
Address:
Phone. .
Stephen D. Pearson and Elaine H. PQ rson
7895 S.W. 131 Street, Miami; Florida 11156
312-1225 (office); 233— 619 (home)
STATE OF FLORIDA) SS:
COUNTY OF BADE }
Stephen D. Pearson and
Elaine H. Pearson being duly sworn, deposes and says that he is
Owner) of the real property' described in answer to question 1 above; that h
and that the same are true and complete; and (if acting as agent for owner,
this petition on behalf of the am r. , /
SUM TO AND SUBSCRIBED
before me this day of 4-4V , 19f$ o
NY CONiISSION EXPIRES: Notary
(Owner)(Authorized Agent for
is read the fo answers
read
he � execute
(SAL)
NOTARY PUBLIC, STATE OF F=DA
ROMT !f•�oON MIM a
0}4if1;O111i�afOR'�e
M. 05, ise7 /3
11228.
Application for Amendment to Zoning Atlas
Re: 2474 SW 27 Terrace, Miami, Florida (Applicant = Stephen D.
Pearson and Elaine R. Pearson)
1. Statement explaining why present zoning designation is
inappropriate:
The present zoning designation of R-1 (Single Family
Residence) for the subject property is inappropriate because
the vropert� r� is located within 50 feet of the traffic lanes of
.U.S.' i and such 4 manner that'it looks directly into U.S.
i And the-.sociated heavy traffic and congestion. The
sub�sot prcparty also abuts property to the west, and is
doroi4 the ptreet„from. other,prod arty to the North, V..Iat has
been classified 'office" for zoning purposes and are currently
being used for same. These circumstances cause the present
zoning designation to be inappropriate.
2. Statement as to why proposed zoning designation is
appropriate:
tonal
I q
The same factors. that awake ,the present R-1 zoning designation
inappropriate cause the Subject prooirty'to be suitable for
Office purposes. Further, an office use of the property would
neither adversely effect the residential character of the
neighborhood to the last nor negatively impact any service
considerations. The applicant has personally spoken about
this application with all owners of properties abutting the
subject property and with many of the owners of residential
property on the same street. None of these persons had any
objections to the requested change in zoning and all agreed
that -the subject property is more suitable for office use than
for residential use.
11228
AFFIDAVIT
STATE OF FLORIDA f
} SS
COUNTY OF DARE }
Before ■R. the under igned authority, this day personally appeared
Stephen D. Pearson and
Elaine H. Pearson who being by me first duly swam. upon oath. deposes
and says:
1. That he is the ow, or the legal representative of the owner,
submitting the accompanying "Olication for a public hewing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in t1M City of Huai, a described and listed on the pees
attached to this affidavit and made a Part thereof.
t. That all owners which he reprasaats. if airy, here given their full
and caaplete permission for his to mMia their bekalf for the dmnp. oe ewodifita-
,
Lion of a classification or repletion of toning as sot ant in the accompwnying
petition.
3. That the pops attached hereto and wade a part of this affidavit
contain the arrest ne■ee, mailing addresses, phane mobers and legal debtription
for the the real property of which he is the awwer or legal representative.
d. The facb a represented in the awllation ad OMMOM subsiitted
in c"Jamctiam with this affidavit we tra cad corrict.
Further afflaeK sayeth not.
iNaa)
Sum to cad Srbscribmi before ewes
this 2 ; dwq� or/
. ■o lic. '- of a �
1.1228
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111.N 1. 109 •
,�i
` OWNER'S LIST
i
Owner's Name Stephen D. Pearson and Elaine H. Pearson, his wife
Mailing Address 7895 S.W. 131st Street, Miami, FL 33156 '
Telephone Number (30W) 72-1225 (0); (305) 233-3619 (H)
Legal Description:
Owner's Nape
Mailing Address
Teler:rane Number
Legal Description:
Owner's Naas
Mailing Address
Telephone Number _
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
N/A
Street Address
Street Address
Legal Descriptim
LeP1 Oestriptios
8
OISCLOSUAE Of OWNERSNIo
1. 1tg4l description and street address of subject real property:
Lots 16 and 17, Block 49, SILVER BLUFF ESTATES, SEC. C,
according to the Plat thereof, recorded in Plat Book 10,
Page 65, of the Public Records of Dade County, Florida
2474 S.W. 27th Terrace, Miami, FL
Z. Oww(s) of subject real property and pereenteoe of owmmhip. Note: City of Mieai
Ordinance me. 9410 rewirn disclosure of all parties having a financial interest.
either direct or indirect, in the subject Batter of a presentation, request or
petition to the City CoMission. Accordingly, question f2 requires disclosure of
Shenlaldar! of corporation, beneficiaries of trusts, ad/or my other interested
parties, together with tMir addresses and proportjOMte interest.
Stephen D. Pearson and Elaine H. Pearson, his wife (100%)
3. Legal description OW street address of any real property (a) owned by any pang
listed in answer to question I2, and (b) located within 37S Beet of tM subject
real ply.
STATt OF FMIOA
COW" OF OAK
Stephen D. Pearson and
Elaine H. Pea son boinq *sly 911 i. dowry ad we that Ao is the
(for) (Attar" for COW) of 11M real PvWty d"Crtbaf in aNs w to question Il,
above; tw he ho caw to farepliq anmw and that the San are two ad c *14to;
and (if actin] as sttaov for armor) that he has ovewity oxmte the Oisclow"
of oownhip f" on behalf of. the mow.
Aw
sea
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COhSMiSSIDN F10: AL1Ay, �
SW= TO AM St ISO MMMSUYCOuN NO. HCo-mm
before a� eh/s-�? .•�
L
••• OCT. 05,1987
day of 19,l
Notati h*l ic. Stair of ilands at I.M� .
NY CllNiiSSI� �IIIFS:
-11228
17
,®
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 VAIllams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a dally (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. 11226
In the ........... XXXXX Court
was ubllshed In said news aper In the issues of
Mar 21, 199?
Afflant further says that the said Miami Dally Business
Review Is a newspaper published at Miami in sold 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 they post
office In Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
Aer.
leament; and afflant further says that ohs has
or promised any person, firm or corporation
robots, commission or refund for the purpose
his advertisement for publication In the geld
21 svvom tOAA .4-400cribed before me this
d................
F
a AR F
.. ..... NFXF A !S R. PFNA A�
"I C STAT OF FLO;
(SEAL) CuMMISSION NO. CC 172,08
Bookie VAIlls reonally known �o COMMISSiO�a 6
M ;�