HomeMy WebLinkAboutR-95-0134J-95-4(a)
02/0q./95
RESOLUTION NO. 9 5 - 134
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND GRANTING A SPECIAL EXCEPTION
FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 9, SECTION 931, DRIVE -
THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR
WASHES; TO ALLOW A CREDIT UNION/BANKING
FACILITY, PER PLANS ON FILE, SUBJECT TO
REZONING OF THE PROPERTY CURRENTLY ZONED R-4
MULTI -FAMILY HIGH DENSITY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL, AND TO ALL OF THE
CONDITIONS OF THE PLANNING DIVISION OF THE
PLANNING, BUILDING AND ZONING DEPARTMENT, FOR
THE PROPERTY LOCATED AT 1902 NORTHWEST 14TH
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); SUBJECT FURTHER TO A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
November 21, 1994, Item No. 3, duly adopted Resolution
No. ZB 123-94 by an eight to zero (8-0) vote, granting a Special
Exception, subject to City Commission approval as hereinafter set
forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the Special Exception, as hereinafter set forth; and
CITY COS
MEETING OF
FEP 0 9 1995
fW89,6114tloe No,
95- 134 ;+
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
approve the Special Exception and to affirm the decision of the
Zoning Board, subject to conditions as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Zoning Board to grant a
special exception from Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, Article 9,
Section 931, Drive -Through and Drive-in Establishments; Car
Washes, to allow a Credit Union/Banking Facility, per plans on
file, subject to rezoning of the property currently zoned R-4
Multi -Family High Density Residential to C-1 Restricted
Commercial, and to all of the conditions of the Planning Division
of the Planning, Building and Zoning Department, for the property
located at 1902 Northwest 14th Avenue, Miami, Florida, legally
described as Tract B, MIDTOWN SUBDIVISION, as recorded in Plat
Book 92 at Page 100 of the Public Records of Dade County,
95- 134
0
Florida, further subject to a time limitation of twelve months in
which a building permit must be obtained, is hereby affirmed and
the Special Exception is hereby granted.
Section 3. This Resolution shall become effective upon
the effective date of Ordinance No. 11217 approving the
Comprehensive Plan Amendment after final reading and adoption
pursuant to Section 163.3189 Florida Statutes (1993) for the
property located at 1902 Northwest 14 Avenue, Miami, Florida.
PASSED AND ADOPTED this 9th
ATT
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
hvV0--\'
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
i
Y. • QU NN J N
CITY ATT0 Y
GMM/ms/bss/M4806
day of February , 1995.
ST PHEN P. CLARK, MAYOR
K
95- 134
ZONING FACT SHEET
PZw112
LOCATIONfLEGAI
1902 NW 14th Avenue.
Tract B, MIDTOWN SUBDIVISION (92-100) PRDC.
APPLICANT/*ER
Sun Bank Miami, N.A., Owner Adrienne
F. Pardo, Esq.
VAH Miami Credit Union, Buyer
1221 Brickell
Ave.
Miami, Florida 33131
579-0683
ZONING
R-4 Multifamily High -Density Residential.
REQUEST
Special Exception requiring City Commission approval
as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the City
of Miami, Article 9, Section
931, Drive -through and drive-in establishments; car
washes, to allow a drive-thru
credit union/banking facility; zoned R-4 Multifamily
High -Density Residential. This
item is subject to rezoning of the subject property
to C-1 Restricted Commercial.
RECOMMENDATIONS:
PLANNING, BLDG &
ZONING Approval with condition.
PUBLIC WORKS
No comments.
PLAT AND STRE' N/A.
DADE COUNTY TKO+NSPORTATION 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 On 11/21/94, the Zoning Board by Res. ZB 123-94 recommended approval to City Commission subject
to rezoning of the property & Planning conditions by a vote of 8-0.
ANALYSIS The proposed drive-thru credit union/banking facility will have no adverse impacts on the
adjacent area. The layout and circulation of the project work well. All proposed landscaping is
in accordance with the City of Miami's Design Standards and Guidelines except for the west side
of the subject property which is abbuting the residential area; the survey on file depicts an
existing chain link fence. The Department is recommending approval with the condition that a
landscape plan, with specifications, and depicting a new green vinyl covered chain link fence
and a landscape buffer on the west side of the property, and subject to review and approval by
the Planning Division, be provided prior to the issuance to any building permits. This
recommendation for approval is based on findings that compliance with the requested conditions
will result in a project that has no adverse impacts on the surrounding area.
ZONING BOARD
APPELLANT
CITY COMMISSION
Recommended approval to City Commission. (Res. No. 123-94)
95- 134
APPLICATION NUMBER 94- 327 Page 1 November 21, 1994
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Ms. Gloria Basila offered the following Resolution
and moved its adoption.
(RESOLUTION ZB 123-94
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 11000, THE ZONING BOARD RECOMMENDED APPROVAL
TO THE CITY COMMISSION OF A SPECIAL EXCEPTION AS LISTED
IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 9, SECTION 931,
DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES, TO
ALLOW A DRIVE-THRU CREDIT UNION/BANKING FACILITY AT 1902
N.W. 14TH AVENUE MORE PARTICULARLY DESCRIBED AS TRACT B,
MIDTOWN SUBDIVISION (92-100) PUBLIC RECORDS OF DADE
COUNTY; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL.
THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON'FILE
SUBJECT TO REZONING OF THE PROPERTY TO C-1 RESTRICTED
COMMERCIAL AND THE CONDITIONS OF THE PLANNING DIVISION OF
THE PLANNING, BUILDING AND ZONING DEPARTMENT.
Upon being seconded by Mr. George E. Barket
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
Barket, Carman, Crespo, Luaces,
M ran-Ribeaux and Sands.
NAYES: Nine.
ABSENT: Mrs. Hernandez and Mr. Milian.
Ms. Fernandez: Motion carries 8-0.
November 21, 1994 Item# 3
Zoning Board
95- 134
ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION
I move that the request on agenda item be (denied)
(granted) in that the requirements of Section 230 (were) (were
not) satisfied by relevant evidence in the record of the public
hearing.
as stated in the City's findings of fact, or
as demonstrated by the petitioner, or
c on the basis of the followings
-------------
The Zoning Board, in its decision to (gran) (deny) the special
exception, shall make written findings that the applicable
requirements of this Zoning Ordinance, Section 2305, (have) (haw
-net) been met.
Circle appropriate conditions:
1305.1 Ingress and Egress.
Due consideration shall be given to adequacy of ingress
and agrees to the property and structure and uses thereon, with.
particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
and emergency.
1305.2 Offstrwt Parkin and Loadiay
Due consideration shall be given to offstrest parking and
loading facilities as related to adjacent streets, with
particular reference to automotive and pedestrian safety and
convenience, internal traffic flow and control, arrangement in
relation to access in case of fire or other emergency, and
screening and landscaping.
1305.3 Refuse and service areas.
Due consideration shall be given to the location, scale,
design, and screening of refuse and service areas to the manner
in which refuse is to be stored; and to the manner and timing of
refuse collection and deliveries, shipments, or other service
activities, as such matters relate to the location and nature of
uses on adjoining properties and to the location and character of
adjoining public ways.
1305.4 Sivas and lighting.
Due consideration shall be given to the number, size,
character, location and orientation of proposed signsf .and of
proposed lighting for signs and premises, with particular
reference to traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
} 95- 134
1305.5 Utilitles.
Due consideration shall be given to utilities required,
with particular reference to availability and capacity of
systems, location of connections, and potentially adverse
appearance or other adverse effects on adjoining and nearby
property and the character of the area.
1305.6 Drainaoe
Due consideration shall be given for drainage, with
particular reference to effect on adjoining and nearby properties
and on general drainage systems in the area. Where major
drainage volumes appear likely and capacity of available systems
is found marginal or inadequate, consideration shall be given to
possibilities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other remedial
measures.
1305.7 preservation of natural features.
Due consideration shall be given to provision for the
preservation of existing vegetation and geological features
whenever possible.
1305.8 Control of potentially adverse effects asaerallr.
In addition to consideration of detailed elements
indicated above, as appropriate to the particular class or kind
of special permit and the circumstances of the particular case,
due consideration shall be given to potentially adverse effects
generally on adjoining and nearby properties, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, scale or manner
of operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in the particular circumstances of the case,
including screening or buffering, landscaping, control of manner
? or hours of operation, alteration of use of such space, or such
other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of
nearby property.
Signature
• u � l �l'`iG
Date
Item
9- 134
JIV
.I
APPLICATION FOR SPECIAL EXCEPTION File Number7Y.
Within the C jonerally, or within certain zoning districts, I
certain stru� rest uses, and/or occupancies specified in this
ordinance art of a nature requiring special and intensive review
to determine whether or not they should be permitted in specific
locations, and if so, the special limitations. conditions, and
safeguards which should be applied as reasonably necessary to,
promote the general purposes of this Zoning Ordinance, and, in
particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further
intended that the expertise and judgement of the Zoning Board be
exercised in making such determinations, in accordance with the
rules, considerations and limitations relating to Special
Exceptions. (See Article 16)
Formal public notice and hearing is mandatory for Special
Exceptions. The Zoning Boar shall be solely responsible for
determinations on applications for Special Exceptions. All
applications shall be referred to the director of the Department
of Planning, Wilding and Zoning for his recommendations and the
director shall make any further referrals required by these
regulations.
1, Adrienne Friesng3h*QV p*ly to the City of Miami Zoning Boar for
approval of a Special Exception for property located at 1902 N.W. 14th AYenue
Nature of Proposed Use (Be specific) Drive —through bank teller
In support of this application, the following material is submitted:
1. Two copies of a survey of the property prepared by a State of Florida
Registered Lard Surveyor.
2. Four copies of: the site plan shonimg (as required) property boundaries,
existing (if aigr) and proposed structure(s), parking, landscaping
Ste; building elevations and dimensions and. computations of lot area
and building spacing.
3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
4. Certified list of owners of real estate within a 375-f6t radius of the
outside boundaries of property covered by the application.
.� 9. At least two photographs that show the entire property (land and improve=
ments).
6. Other (Specify)
f
7. Fee of S 1!�_ to apply toward the cost of processing:
95- 134
Special Exception .......................... $650.00
Surcharge equal to applicable fee from item above,
not to exceed six hundred and fifty dollars ($650)
except from agencies of the city; such surcharge
to be refunded to the applicant if there is no
appeal from a property owner within three hundred
and seventy-five 9375) feet of the subject property.
(City Code - Section 62-61)
Signature J1 Avl-, av�
Owner or Authorized AW
Name Adrienne Friesner Pardo
l Address 1221 Brickell Avenue, Miami, FL 33131
Phone 579-0683
STATE OF FLORIDA)
SS:
COUNTY OF UK )
Adrienne Friesner Pardo being duly sworn, deposes and says that he is the
(Authorized Agent of Owner) of -the real property described in answer to question 01,
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has 71rity to execute this petition on
behalf of the owner.
(Nana)
Adrienne Friesner Pardo
SUM TO AND SUOS019P
before w this &—. day
19!
My Commission Expires:
Personally known.
No lic, State of Florida at Large
JUNE H DAVIB
NOTARY PUBLIC STATE OF FLORIpA
COMMISSION NO. CC 163009
MY COMMISSION EXR NOV. 21,1995
/A 95- 134
AFFIDAVIT
STATE OF FLOMA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally, appeared
Adrienne Friesner Pardo being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, oir 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 Niami, Florida, affecting the real
property located in the Cit*.of Niami, 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 zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
emmin the current names, smiling addresses, phone nuabers and legal descriptions
for tM the real property of which he is the WMW or legal represantative.
d. The facts as represented in.the application and documents submitted
in conjuncti6a with this affidavit are true and correct.
Fmlher Afflant sayeth not.
L)
(Nave}
Adrienne Friesner Pardo
Sworn to and SubstM bed before IN
this aliay of , 1!
t LAl
.'k'�
No public, State -of Florida at Large
.w, r,r..4•einn Cre/MN!
7PUSLIC
DAViS
NOTASTATE OF nDRIDA
CN NO, CC 163M '
MY COMMISSION EXP. NOV. 2119%
95-- 134
Personally known.
OWNER'S LIST
Owner's Name Sun Bank/Miami-,-N.A. — Attentions Mr- John Thmmpann
Mailing Address 777 Brickell Avenue, Miami, Florida
Telephone Number 5 7 9— 7 0 6 3
Legal Description:
Tract B, MIDTOWN SUBDIVISION, Plat' -Book 92
at Page 100 of the Public -Records o€ Dlide County, Florida
Owner's Marne
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
N/A
Street Address
Legal Description
Street Address
{
Legal Description 95w 134
DISCLOSURE OF OWNERSHIP
1. ' legal description and street address of subject real property:
Tract B, MIDTOWN SUBDIVISON, Plat Book 92 at Page
100 of the Public Records of Dade County, Florida
1902 N.W. 14th Avenue, Miami, Florida
2. Owner(s) of subject real property and percentage,of ownership. Notes 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 Arusts, -and/or a ..'other interested
parties, together with their addresses and proportionate -interest.
Sun Bank/Miami, N.A. owns the property 100%
Sun Bank/Miami, N.A. is owned by SunTrust Banks, Inc.,
a public corporation
3. legal description and street address of any real property (a) owned by any party
listed in answer to question f2, and (b) located within 375 feet of the subject
real property.
None
NO
}fit ATMW fOR OWNER
Adrienne Friesner Pardo
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Pardo , being duly sworn, deposes and says that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question #I,
above; 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 form on behalf of the owner.
SWORN TO AND SU8�CRI_ T
before me this p��d
day of , 19_9 4
L- __ d�� -.11 Q
(N
Adrienne Friesner Pardo
i
LAaItY Public, State of Florida at Large
MY COMMISSION EXPIRES:
FN:Or7ARY7SSJON No. C.CC 11009h410N EXP. Klov 7t me
15
95- 134
R
IN
DISCLOSURE OF OWNERSHIP
1.* Legal description and street address of subject real property:
Tract B, MIDTOWN SUBDIVISION, Plat Book 92 at Page 100
of the Public Records of Dade County, Florida
1902 N.W..14th Avenue, Miami, Florida
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance'No. 9e19 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 Arusts, -and/or aq. other interested
.parties, together with their addresses and proportionate interest.
VAH Miami has a contract to purchase the subject property.
VAH Miami is a Federal Credit Union, a corporation chartered under
the laws of the United States.
3. Legal ',scription and street address of any real property (a) owned by any party
listed -n answer to question f2, and (b) located within 375 feet of the subject
real F• .,party. -
None
OWKAK ATTOMY FOR OWNER
Adrienne Friesner Pardo
STATE OF JRIDA } SS:
COUNTY OF 1DE }
-drienne Friesner Pardo being duly sworn, deposes and says that he is the
. (Owner) (Attorney for Owner) of the real property described in answer to question !1,
above; that he has 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.
Adrienne Friesner Pardo
SWORN TO AND SUBSCRIBED
before me this oi0t+'-
day of , 19-94
imY COMMISSION EXPIRES:
Pprcnna 1 1 v 1rrnr%WT% .-
J,,.. ALV..,��
o Public, State of Florida at Large
OFFICIAL NOTARY SEAL'
NOTARY PUBLIC STATE OF FLO:]:A
COMMISSION NO. CC 163ooMYCOMMISSION IXP. NOV.21,
95-
-1'DA