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HomeMy WebLinkAboutO-10858J-90-973 12/07/90 ORDINANCE NO. 10858 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM 0I/7 OFFICE -INSTITUTION TO 0I/9 OFFICE - INSTITUTIONAL FOR THE PROPERTY LOCATED AT 1400 NORTHWEST 10 AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, BISCAYNE CIVIC CENTER PLAZA, AS RECORDED IN PLAT BOOK 115, AT PAGE 63, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of October 15, 1990, Item No. 8, following an advertised hearing, duly adopted Resolution No. ZB 89-90 by a eight to zero (8-0) vote, RECOMMENDING APPROVAL of a change of zoning classification, as set forth herein; 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 set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Zoning Atlas contained in Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification from 0I/7 Office -Institution to 0I/9 Office -Institutional for the property located at 1400 Northwest 10 Avenue, Miami, Florida, also described as Tract A, BISCAYNE CIVIC CENTER PLAZA, as recorded in Plat Book 115 at Page 63, of the Public Records of Dade County, Florida. 10858 r Section 3. 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; (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 as contrasted with protection of the public welfare. Section 4. Page No. 24 of the Zoning Atlas, made a part of Ordinance No. 9500, as amended, is hereby amended to reflect the changes made necessary by this amendment. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. -2- 10858 Section 6. 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. PASSED ON FIRST READING BY TITLE ONLY this 24th day of January , 1991. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of March A S TY HIRAI CITY CLERK PREPARED AND APPROVED BY: ���� � 4 G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: I J RGE L. JERNANbEZ CITY ATZDRNEY GMM/rma/M736 :'W -3- 10858 4 PZU1 ZONING FACT SHEET LOCATION/LEGAL 1400 NW 10 Avenue Tract A BISCAYNE CIVIC CENTER PLAZA (115-63) P.R.D.C. APPLICANT/OWNER heat Brighton Assoc. 5805 Blue Lagoon Dr. Ste. 440 Miami, F1 Phone 266-6100 Ricardo D. Ruiz 1401 W. Flagler St. Miami, FL Phone 541-7638 ZONING 0I/7 Office -Institution. REQUEST Change of Zoning Classification (of sector number only) in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, from 0I/7 Office - Institution to 01/9 Office -Institutional RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL. The proposed change is in harmony the Miami witfi t e future land use element of Comprehensive Neighborhood Plan (1989-2000) designation of Major Public Facilities, Transportation and Utilities and does not require a plan amendment. The granting of the petitioned change of zoning (sector number only) is consistent with a high density type of development which is envisioned for the area. The proposed change will result in an increase in FAR from 1.72 to 3.20 which is justified. The City of Miami Commission has issued a similar increase in FAR to the property located immediately to the west of the subject tract under the present Zoning Ordinance 11000. PUBLIC WORKS No comment. DADE COUNTY TRAFFIC O i 5 $ AND TRANSPORTATION No objection. At its seeting of October 15, 1990, the Zoning 0eet'd sdopt*d ""lution ZB 89-90, approving the above by a vote of 8-0. Three PROPONENTS were present at the meeting. One reply in FAVOR was received by mail. At its meeting of December 6, 1990, the City Commission continued the above. At its meeting of January 24•, 1991, the City Commission passed the above on First Reading. At its meeting of February 28, 1991, the City Commission continued the above. 10858 -02 1% Is Joe is ofmi/SCusco ma a Q Rsotvcl. TRACT- 1 `wt sus D as I M. A ", ® Ail w aI• � �� N I1I.C. CEpT! ' Q IF ro&c t oe TRACT=C' HOBWAL Su HC•1 i TRAcri FIR �� TIIACTM•� •+' • TRACT-V 1 TRACT-3 I 3 As � AC ' I A Z + z MENTAL —' o ' — TRaCTO r • to w • ~ RETARDATION 1• " CENTER I TRACT- Z TRACT"TRACT-9 I 1• • 1 h ♦ HC C 1 R 1 A C T - 4 TRAMS a s a Sue.s a e Sal o , IaAocaow T a :o TRACT •A" T11ACT $ A, T T I�W®14 T It ACT Or SSCAYN • TRACT - 8 — • ' '' Io N.W 14 S T ' rooralalw a� ARTS CiMTt! � 0' IA ! a 1� ~ � s �A f•ACT'A' n 1 �,�p►�TR �• ���. A Ct• 13 • 1 T C i1 T a A 12 � R •v � a •� �I • I a 11 • - 11 . - •� , 10 T : 10 10 s 14 • •• .1e as ... lin N.w ,• 13 j 1 6IA 1 a 06 •' a• ' !S E pJ a•e $ • 3 ' F 11 lose 'e ,tl/ 2 4 1 • r • o N f• T ' '�/Q•' e. a! It. o� rju f•14 • 10 , T 1 G 8V ,�, n CI n A P T ��., ••' 6' ST!" 31 A 14 47114,11 1 N.W.-.14 'TJERR..' LV ir AV �0�1 Jr' 10 8 5 84 I ANALYSIS LU tl4 8 X The proposed change is in harmony with the adopted Miami Comprehensive 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 neighborhood 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 development 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. ]10858� APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83- 1' K heresy appiy to the City Commis- sion of the `pry or miami tar an amenamen to the zoning Atlas of the City of Miami os more particularly aescribed 'herein ond, in support of that request, furnish the following informations . Address of property d' 0, W , i D tM 2. Two surveys, pry by a State of Florida Registered Land Surveyor. !Attach to apptfcatim 3. Affidavit disciosing ownersihic of property, covered by application and disclosure of interest form lib" 9-83 oral onsets to apAtieasioM. 4. Cartifled- list of owners of real estate within 375' radius from the outside boundories of mrooer" covered by this application. (Se• Form 6-83 and a=am t0 appltearton.� . S. At feast two chotograpihs that show the entire property (land and improvements). 6. Atlas sheer(s) on which property appears 7. Preaent Zoning Designation CjT 8. Proposed Zoning Designation 9. Statement exaiaining wiry present zoning designation is inappropriate. (Attach to appttc=um �10. Stotemetht eationl as to why proposed zoning designation is appropriate. (Attach to appli- ,III. Other (Spgcyy) 12. Filing Fee of S according to following schedules (a) To: RS-1, RS-1.1, RS-2, S 0.12 per sq.ft. of net lot area,minimun RG-1, PD-H, PD-HC, $550.00 W To: RG-2, RG-2.1, $ 0.14 per sq.ft. of net lot area,minimum RG-2.39 R0719 $600.00 RO-2.1 (C).To: RG-2.2, RG-3 10 8 5 8 RO-3 S 0.16 per sq.ft. of net lot area minimum $650.00 07 (d) To: CR-I, CR-2, S 0.20 per sq.ft. of net lot area,dninum CR-3, 0-I9 CC-1, $750.00 CC-29 WF-19 WF-R, I-1,1-2s SP1-1129511f 80911,12 (e) To: C3D-I, SPi-o S 0.22 per sq.ft. of net lot area,minimum $850.00 (f) For any change in a sector number only, for a Particular district cimsifica- tion, the fee snail be the some as for a change in its district ciassif!=ion, as shown in (b) through (e) above. 1W4tt.% AOO(Ldle P, p, 8" 46 0!o l-1 Signature M1A Nome �tra� t�. Q1Ut 7- Address I �►b i C.t1, l Phone 4-1 STATE OF FLORIDA S& *COUNTY OF DACE ) 1 being dui swornd an says mat ne Is the t wner) taumortxea Agent for wnerM of the reai pyroperty described in answer to question U I, above; that he has read the foregoing onswm and that the same are Mw and cantolete; and (if acting as agent for owner) that he has authority to exes.•ute • this Petition on behalf of the owner. (SEAL) SWORN TO AND S law before a this, of U MY COMMISSION EXPIRE:; NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP MAY 11,1M BONDED THRU GENERAL INS. UND. ' � T AFFIDAVIT STATE OF FUPM) mop O�XJNTY OF DADS ) !!Uri 31 Before me, the undersigned authority, this day pertly appeared 12t e*4%0n D. 04A L , who being by cre first duly sworn, upon oath, deposes and, says: 1. That he is the owner, or the legal represerrrative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting 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 reprzsents, if any, have given their full and complete permission for him to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accca panying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mi? i o addresses. ph= ranbers and legal descriptions for the real property which he is the alcar or legal representative. 4. The facts -as represented in the application and documents submitted in conjunetioa with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subscrib before me day of Notary Pub , State0iFlorida at Mir lion Expires: NOTARY MIC STATE Of FLORMA MY COP1<' ISSM EXP MAY 11.1992 5MU M 6EMERAL WS.UND. 10858 a Owner's Name r �j OWNER'S LIST ie- -0r4 jLGSOC, Mailing Address Telephone Number �-G 6 - G ( p 0 Legal Description: -7#%AC� Owner's Name Mailing Address Telephone Number Legal Description: I.L1444 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' of the subject site is listed as follows: Street Address Street Address Street Address Legal Description No IN �9- Legal Description Legal Description 10858 1A alcusm OF amusm 31 ? 5 :21 1• Legal description and street address of subject real • `TaA&( ti A" roperty lbI1G4gN* G,wG (GSM JI: Y2., iA-ZA . PLA't 1514. 115 , . 63 ,)loos P 1460 N w I/ 2.• -Owner(s) of subject real property and Note: City of Miami Ordinance No. 5419 percentage of ownership. aving a financial interest, either direct indirect,, In of all parties matter of a presentation, r � the subject Accordingly, question n2 request or petition to the City Commission. squires disclosure of all shareholders of aosporations# beneficiaries of trusts, and/or any other interested together with their addresses and proportionate interest. parties, W*f 13paI01W Ltd levy �+-a•LO-z CU PA%-W paa,T) tq2� s2icK�c�, Ia4,�s, !•.ut�s GeNaALe-21 (U#AI-TiOO ?WrT. I'Ir6 %MCUs.' ram• 24•S� 01149rVJ � (Up4oTce3 %ftj. 1S5 I✓.85 s�. yf .�a�g1'CiS U�� %'zi• 2a10 U�16GdS*16 W- 6W-Hero ufrs� �3rL1gf+ 14355 (15 �6 ! 0 L•fP. IS A aerv�lJA•t. u e �(23 /o �� 6e''��+7i (.u�f 60�,�c� 2 w� N� .f� �' w r7W A 'Z % caw�p:sd�7 . %,ST8U&v-JA *Vzf5) 3. Lfi9aL description and street address of an real p ropert(a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. SMW OF FIAR= ) SS: COMWY OF CARE ) Y�+�LI'a0 CDI Qui-L , being duly sworn s t no is the (Cwner) Attorney or Owner) of the real and described in answer to property described and that the o question #1,.abovey that he has read the foregoing Eor owner) that he has authom are rity � execOmPlcute this a��9 � attorney foam on behalf of the owner. y Disclosure of Ownership SWOW M ANDsawmum before j,g 117. day of / ► �dDO. 'VOTARY PWIC STATE OF FLORMA My CC MISSION EXP MAY 11,1992 ONS TWJJ 6ENERAL INS. UND MY CaOtISSION E xpums: ez GL s .%~ %.► Q Florida at Large i0.58 MIAMI 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 Bath says that she Is the Vice President of Legal Advertising of the 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 MCANI Legal Notice Re: Ordinance No. 10858 Amending the zoning atlas of Ordinance No. 9500, etc. In the ....... X X X............. Court, was published In said newspaper In the Issues of April 23, 1991 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newsppaper has heretofore been continuously Sstulyday,fSunday and Legatt Holidays) and s been ent(except red as second class all matter at the ost office In Miami in said Dade County, Florida, for a parlod of one year next preceding the drat publication of the attached copy of advertisement; and affiant er says that she has neither paid nor promised any Ore unf it orothe puorrposenofna curing this advertisement for pub cat n In the sald nowspaper. orn to scrl ad before me this 23 " d 91 " f . • I� D. t 0.., (SEAL) ffy«OF+++ ff "OFFICIAL NOTARY SEAL" OCTELMAJ- FERBEYRE MY COMM. EXP. 7/9/94 NO (SEE ATTACHED) RE Oar � ; , RECEIVED 1 1 APR 25 AN 11: 04 a ;! r Ct`TYC[Fpj[ r,tT.( OF - Page 2 of 2