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
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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
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-3- 10858
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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
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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
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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
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