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HomeMy WebLinkAboutO-10872J-90-858 10/11/90 ORDINANCE NO. 10872 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SAID ATLAS HAVING BEEN INCORPORATED IN THE ORDINANCE BY SECTION 300 THEREOF, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3301 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 28, 29 AND WEST 15' OF LOT 30 LESS SOUTH 1`, MIAMI SUBURBAN ACRES AMD. AS RECORDED IN PLAT BOOK 4, AT PAGE 73, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, 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 September 10, 1990, Item No. 5, following an advertised hearing, failed by a tie vote (3-3) to approve or to deny the requested change of zoning classification, thereby resulting in the Board's technical recommendation of denial; 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, said atlas having been incorporated in the Ordinance by Section 300 thereof, is hereby amended by changing the zoning classification from R-2 two family residential to C-1 restricted commercial for the property located at 3301 Southwest 22 Terrace, Miami, Florida, also described as Lots 28, 29 and West 15' of Lot 30 less South 11, MIAMI SUBURBAN ACRES AMD. as recorded in Plat Book 4, at Page 73, of the Public Records of Dade County, Florida. a 10872 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; (o) 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, eto.; (f) is necessary due to changed or changing conditions; (g) will not adversely influenoe 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 3. Page No. 42 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, is hereby amended to reflect the changes made necessary by these amendments. 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. -2- 10872 PASSED ON FIRST READING BY TITLE ONLY this _ 25th day of October 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of _April 1991. XAVIER L. S AR Z, MA OR ATTE M • MAT HIRAI CITY CLERK PREPARED AND APPROVED BY: JJA��- M (IPA G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -3- 10872 1 91 EAY 10 Atli 9: 1 MIAMI REVIEW i.1TY CR.Ft,rt Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie VAIllams, who on oath 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 ML4ff Legal Notice Re: Ordinance No:,, 0872 (SEE ATTACHED) In the .... X X X ........................... Court, was published In said newspaper In the Issues of May 6, 1991 Afflant further sayys that the said Miami Review Is a newspaper: published at Miami In said Dade County, Florida, and t at 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 mail matter at the post office In Miami In said Dade C Florida, for a period of one year. next precodin the fi pu Icetlon of the attached copy o1 advertisement and affIs furt r says that she has neither paid nor promisea any pars n, It of corporation any discount, rebate, commission or fun for the p se of securing this advertisement for pub ca on In the s newspaper. IRY 41 • or 1 'subscribed before me this 6tt) day of :,". y A.D. 19. 91 s (SEAL) "OFFICIAL NOTARY SEAL" CHERYL H. MARMER MY COMM. EXP. 4/12/92 Page 1 of 2 if ZONING FACT SHEET LOCATION/LEGAL 3301 SW 22 Terrace Lots 28, 29 and W 15' of Lot 30 less S. 1' MIAMI SUBURBAN ACRES AMD (4-73) P.R.D.C. APPLICANT/OWNER McDonald's Corp. d/b/a McDonald's core. a Delaware Corp. McDonald's Plaza Oak Brook, IL 60521 Phone (708) 57577049 Adrienne L. Friesner, Esq. 1221 Brickell Avenue Miami, Florida 33131 Phone 579-0683 ZONING R-2 Two Family Residential. REQUEST Change of Zoning in the Official Zoning Atla�, of Ordinance 11000, the Zoning Ordinance of the City of Miami, from R-2 Two Family Residential to C-1 Restricted Commercial. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL. The proposed change is contrary to the Future Land Use Element of the Miami Comprehensive Neighborhood Plan 1989-2000 (MCNP) designation of Residential Duplex. There is a companion item being presented to the Planning Advisory Board which is being recommended for approval. The requested change would be consistent with existing land use patterns in the area. The applicant is proffering a one foot W) strip along the south property lines of lots 28, 29, and the west 15' of Lot 30, and therefore, this would prevent more intense commercial uses, and consequently, additional traffic to intrude into the existing approved by the City of Miami Commission granted rezoning of residential property facing SW 22nd Terrace, under similar development conditions, specifically at 2951-2999, 3401-3417 3427-3523, 3591, and 3621-3631 SW 22nd Terrace. PUBLIC WORKS No comment. 10872 ZONING BOARD CITY COMMISSION At its meeting of September 10 1990 the Zoning Board's motion to recommend approval and its motion to recommend denial of the above request both failed by a 3 to 3 tie vote, thereby constituting a technical re- commendation'of denial. Three OPPONENTS were present at the meeting; Five PROPONENTS were present at the meeting. Three replies in OPPOSITION were received by mail; One reply in F V�OR s received by mail. At its meeting of October 25, 1991, the City Commission passed the above on First Reading.. 10872 7 ANALYSIS Yam. 114 N1A 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. 10872 U N w am as• ' `' ' fo! a �• am a>r Sas V $01 0 aA : 299 P �° e• •• ISO 1•a . a�S.W. a• all ISO a•I -9 1tN H• If• u •• •• u u 72 . fT 201 » •e • I t a • f 0 1 10 eI• am aw tff ~ �!• • I•• tN 10a E I I;= aM aas �r ' 7� N st tts It 1•T IM a• I• N 1♦ 1• M Is II fal •• aaa aaa p 2!O•• 2M•2 iaT Qv tM t V31 • .a �r •• M 4 o ••a c �� 7Tol as:ate + al tea .• 12 �~ ,hIL•��Iss u•. isIN •. •. W. 19 TE . ./ r ~ !! �v its faIt as•a! !s� ago a�' sa 3 2ao an11 ! s� o•a ; 107 to i s t tea a� • �"?' t•• of • 1•r ti• : re r q q 1• la Y II a30 a A• lot ••� • t•• St 7• a• as! See so :aa n. •• •• I•e ° S.W. 2 ST • ► •• �� M L 1•• Ae A •• ti •• N v tot •• 0• 1•• Ia1 ., ITa na In : 1 • 3 t • • Io. tales a` lea r • • • 20! tM 20i , In IM ITT IT• 1>♦ •. •e 10 S •as is$ Poll. O7% MI M• in R• Sft.E 'D w R 1 2 7 • • • 1 t12 tHa L ee •• S • Np W 21 17 tN ale aw ST- 0 an a •• e• ess IN 10 31 al p®E R +• I 21 ••M 13 d� ! •i wa s M• M je 5 V ! I+► s T e • 20 T TRACT RACT C s TRACT A TRAC _ YAm= MUNK CORAL o MIRACLE IIE•M AT sic o vs Le •y S�/• ( CORAL WA 22 ST ... - I ' I • u 17 / 1 Ie Qf e 7 H I 1! 1! I1 I• a la I! 11 N • • T a O• H t 00 !a e' M N fill I N' To-i 7 all sa sa Ht t• a 71 1 a n N a! f a us • T r S.W. .T �• • •r o a• ��vo�na���� ■rYW�ao�. o+��r"�O�i �9L�9E9Dol�C�lC�� a»:asz��»o 1• • It �• a IAI 1a all 1! -,Ito • t ! f is a I a as a• ft etas n so al sa as as n T n • ! •f •"In It all sal" $1 •s • T ! • • a iff! N r t 4F,19 •!1•a T• I a Ta T to ve ?"Viejo Iti ,7 10 le 10 Isis 11 N f • T 10 al a a7 a. Its Be ST as :• ao so 7s H •• IS •e •• • .. ►t w u w a It u 3 f • to , N /1 W %': I km 4 Im uu 14 it it - Bull sr A2 s+�1Kr.71na� �A61[ a / ,or f 7 77 Tiq I Nor 77 gas I,= I -APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA43_ I+-ADRIENNE L. FRIEBNER . herecy apply to the City Commis- sion of the %_ify of moom: for an amenament to the toning Atlas of the City of Mlami as more particuiarly aescribea herein and, in support of that recuest, furnish the following information: ; �.3 �..�•,..�,� Zr.�rv...r-�, �,�� ..:, 'G The southeast portion of the site known a� X. i. Address of piroperry 3280 Coral Way, Miami, Florida Gee legal description attached hereto as Exhibit A. Xo 2: Two surveys, prepared by a State of Florida Registered Lend Surveyor. (Attach to a�piicatioru XX 3. Affidavit disciasina ownersnic of procerty covered by application and disclosure of interest form (Form 4-83 anct attach to appiicatimu. X 4. Certified list of owners of real estate within 37S' radius from the outside boundaries of aroperty covered appticatian.J by this application. (SQe Forth 6 83 atLd attach to S. At least two ohotogrPhs that show the entire procerty (land and improvements). 6. Atlas sheet(s) on which property appears Page 42 X 7. Present Zoning Designation R-2 X 8. Proposed Zoning Designation C-1 X 9. Statement e=ioining why present zoning designation is inappropriate. (Attach to .�. appttcasu�u X _10. Statement as to why proposed zoning designation is appropriate. (Attach to ap�ii- ow X II. Other (Specify) Declaration of Restrictive Covenant „x 12. Filing Fee of S3 p.c>according to following schedules (a) To: RS-1, RS-1.1, RS-2, $ 0.12 per sq.ft. of net lot area,minimm RG-19 PD-H, PD-HC, $550.00 W To: RG-2, RG-2.1, $ 0.14 per sq.ft. of net lot area,minimum RG-2.3, 110-19 $600.00 R0-2.1 W To: RG-2.2, RG-3 10 8 7 2 RO-3 $ 0.16 Per sq.ft. of net lot area,minimum $650.00 W (d) To: CR-1, CR-2, CR-39 0-I, CC -I, CC-29 WF49 WF•R, . I-1, I-2; SPI41129517, 84911912 (a) To: CBD-1, SPi-b 5750.20 per sq.ft. of ift lgq jr,Si� inum $ 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 classifica- tion, the fee snail be the same as for a change in its districT classification, as shown in (b) through (e) above. . STATE OF FLORIDA) SS: 'COUNTY OF DADE ) Signature C..' Name Adrienne L. Friesner, Esq. Address 1221 Brickell Avenue Miami, Florida 33131 Phone (305) 579-0683 Adrienne L. Friesner , being duly sworn, deposes and says that ne Is the MAutnor:zea Agent for wner) of the real property described in answer to question lit, 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 authority to execute this petition on behalf or the owner. M SWORN TO AND Sy®ISM before me this (P day of , f,.12 MY COMMISSION EXPIRES: r, NOTARY PUBLIC STATE OF FLC?IDA NY COMMISSION EXP. GCT 12.101 BONDED ThRU GENERAL INS. GSO. ail I ilia %. MM - 4, L) Adrienne L. Friesner IJCrary ruotic, .:rate or r ionaa or L.arge 10872 Fm IW EXHIBIT A Lots 28, 29 and the west 15 feet of Lot 30, less one (1) foot of the southern portion of Lots 28, 29 and 30, Block 4, AMENDED PLAT OF MIAMI SUBURBAN ACRES, according to the Plat thereof as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida. AUR 6 P2 So 10872 AFFIDAVIT STATE OF F7LMIDA) SS. COUNTf OF DADE ) AUG d6 P 2 0 Before me, the undersigned authority, this day personally appeared Adrienne L. Friesner who being by ire first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative 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 represents, if any, have given their full and complete permission for hum to act in their behalf for the change or modification 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 contain the current names, mailing addresses, phone mmlbers and legal descriptions for the real property which he is the owner or 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. (Name) Adrienne L. Friesner Sworn to and Subscribed before me this of 19 1l� Nota*y lic, State of Florida at Large My Commission Expires: LOTARY %CBLIC STATE CF FL ?ICA NY COHNISSION EXP. OCT 12,1991 BONDED THRU GENERAL INS. UND. 10872 W OWNER'S LIST Owner's game McDonald's Corporatio ' McDonald's Plaza, Oak Br 11Dinois 605 Corporation a Mailing Address Attention: R. E, 21 re Le al De artment corporation, Telephone Number (708) 575-7049 Legal Description: Lots 28, 29 and the west 15 feet of Lot 30 AMENDED PLAT OF MIAMI SUBURBAN ACRES, Plat �Bookc4 4, at Page 73, Public Records of Dade County, Florida. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individual) (by corporation, partnership or privately) within�375inofytheryerally site is listed as follows: subject Street Address 3280 Coral Way Street Address Street Address Legal Description Lots 10, 11, 12 and 13, Block 4, NDE PLAT 0 ACRES Plat Book 4 at Page 73 (P.R.D.C.) Legal Description Legal Description 10872 in DI9CLOSM OF - CQ4ERS111P rUG 1. Legal description and street address of subject real pmp": The southeast portion of the site known as 3280 Coral Way, Miami, Florida -,Ie, ��� _�,....� `�.,�,«� ,\.,�. �,�•�� Lots 28, 29 and the west 15 feet of Lot 30, Block 4, AMENDED PLAT OF MIAMI SUBURBAN ACRES, Plat Book 4 at 2. P=r7s) of iUlect rli Records of Dade County Florida Note: CityOf (`Miami meal. 9pr rtY and percentage of ownership, 419 requires disclosure of all partithe es Sao ng a financial interest, either direct or indirect, in subject je matter of a presentation, request or petition to the City Cthe s sio Accordingly, question #2 requires disclosure ofallshareholders of oo�rporations, beneficiaries of trusts, fa and/or any interested together thei addresses and pr%'Onate interest. parties, JOAfiT KR C �r r�,tw., dl bIle, D�.. -3 A, McDonald's Plaza, Oak Brook, Illinois 60521 - 7y�.c, McDonald's stock is listed on the New York Stock Exchange, and the remaining 93% is owned by individuals with less than.5% ownership. 3. Legal description and street address of any real property (a) owned by any party listsd in answer to yuesticn Or and (b) located within 375 feet of the subject real property. 3280 Coral Way, Miami, Florida Lots 10, 11, 12 and 13, Block 4, AMENDED PLAT OF MIAMI - SUBURBAN ACRES, Plat Book 4 at Page 73 of the Public Records of Dade County, Florida. &UK CRAM M= of FLORIDA ) SS: COIkay OF m m ) being duly sworn, deposes and • says that no is the Attorney tor Owner) of the real property described in answer to question #l, abmet that he has read the foregoing answers and that the Saabs are true and ete= and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. ' 4.ISEAL) (Name, SM M AND oefore me this day of rr Publ ic, staa at F orY,aa at Large 10872 NOTARY PUBLIC STATE OF FLORIDA MY CMEISS= = NY CONNISSION EXP. NOV. 5,1990 LAW OFFICES GREEN6ERG, TRAURIG, HOFFMAN, UPOFF, ROSEN & COUENTEL, P A. JE►►RtY P. ADRON ►ERMANDO C. ALONSO CESAR I- ALVAREZ LINDA C. ANDREWS DAVID T. AERIN CARLA M. MARROW IlEIRRI L. BARS" N ILARIE OASIS NORMAN J. aENIORD LIMA J. MERGER - MARK D. BLOOM /RANCIM M. BR06AN. in. ■URT BRUTON STEVE BULLOCK ALDEN a. sURLINGTON ALBERTO R. CARDENAS J. PHILLIP CARVER CAP"N D. CAP"O ANY CHOU[KE SUE M. COMB ALBERT A. Ott CASTILLO ALAN T. OIMONO LUCIA A. DOUGHERTY WILLIAM M. ECK KENNETH EDELMAN CHARLES W. 90"R. DI MIAMI OFFICE 1221 ORICKELL AVENUE MIAMI, FLORIDA 33131 (303) 379.0300 TCLECOPY (303) 379.0717 OAP" M, ePSTa1N HENRY M. (MUCKY) ►OX ADRIENNE 1. ►RIESNER R086PT C. GANG CAROLE K. GANOUEiA TERESMA GARCIA RICHARD 6. GARRETT SRIAN 11. GARY J[I/REY 6ILMBRY BRUCE H. GILES•KLEIN RICHARD J. OIUSTO LAWRENCE OODOP'MRY ALAN S. 60L0 /TEV[N a. GOLDMAN STEVEN M. GOLDSMITH JOSEPI 0. GOLDSTEIN STEVEN S. GOODMAN MATTHEW 0. OORSON MARC J. GOTTLIEB OIANN[ OREENME G, MELVIN N. 6Rt[NS[RO RAMONA P GREENBLATT ROBERT L. GROSSMAN DIANA L. ORUM BARBARA A. MALL PAIOt A. HARPER PETER J. MEN" CARMEN H[RNAND[i•LbN/TtIN WILLIAM T. Hass KENNETH C. MO/P'MAN LAMP" J. MO►IMAM MARTIN KALM DAVID S. KENIN ROBIN J. KING TIMOTHY t. KISH STEVEN J. KRAVITZ STEVEN A. LANOY ERNESTO A. LANZA NANCY B. LASH ALAN S. LEDERMAN MARC a. LEVIN OAP" A. LEVINSON NORMAN H. LIPOI► CARLOS a. LOUMIET JUAN R LOUMIET SMUCE t. MACDONCUGM ROBERT P. MACINA PEDRO J. MAP"iNEi • ►RAGA JOEL O-MASER JUAN J. MAYOL. JR. JOMN T. METZGER LOUIS R. MONT[LLO. in. ■ROWARD OFFICE 300 EAST BROWARO GOULEVARD FORT LAUOEROALE. FLORIDA 33394 (303) 763.0300 T[LECOPV (303) 763.1477 Ms. Gloria Fox Chief Hearing Boards City of Miami Planning, Building & Zoning Dept. 275 N.W. 2nd Street Miami, Florida 33128 ALICIA M. MORALES JANET L. O'sINEN MAURY R. CLICKER REBECCA R. ORAND Casale M. ORamersKY STEVAN J. PARDO MARSHALL R PASTERNACK 40009 J. PEREZ ALAN J. PERLMAN EYNON 6. P[T[Rse" ALBERT O. OUENTEL JOEL "EINSTEIN MARK J. REISMAN LUIS RtITER EDWARD L. RISTAIMO LAURA THOMAS NIVERO KENNETH B. ROBINSON RAOUEL A. POORKII ALAN 11. ROLNICK MARVIN a. ROSEN RICHARD A, ROSENBAUM PAUL S. ROMENMERO RONALD M. ROSENOARTem DAVID L. MOSS GAP" A. MAUL MARK R SCHNAP► WEST PALM •EACH OFFICE 1601 FORUM PLACE WEST PALM •EACH, FLORIDA 33401 (407) 683.6611 TELECOPY (407) 683.6447 August 6, 1990 Re: The southeast portion of the site known as 3280 Coral Way Dear Gloria: CLIP'IORD A. SCHULMAN JOHN a. SCHWARTZ R06E0" A. SEGALL MARL[Nt K. ■ILVERMAN TRIMHA O. MINOLER STUART M. M1NOaR OAP" A. SIPLIN HOLLY R. SKOLNICK LAURA P. /TRONCHBON JOEL L. STOCKER ALEXANDER I. TACHMEM ROBERT M. TRAUNIG /RIAN J. WALSH JE►►REY WtITHORN HOWARD W WHITAKER ROstRT C. WHIT[, in. JERROLD A. WISH ROBERT M. WOL► TIMOTHY D WII SHEILA WOLISON MARC M. WATSON. 01 CDYMA[L ZACHARY M. WOLI► (alt"PED) TELEX 60.3124 PLEASE REPLY TO: MIAMI OFFICE WRITER! DIRECT NO: (305) 579-0683 In connection with the Application for Amendment to the Zoning Atlas and Application to Amend the Miami Comprehensive Plan, being filed today, I wish to advise you that the proposed change being sought is in harmony with the neighborhood and the established land use patterns. The property is adjacent to commercially zoned property and S.W. 22nd Terrace has other commercially zoned property that is being utilized with the frontage on Coral Way. This proposed change would have a positive impact on the property values in adjacent areas, and to limit the use of the subject property when other properties along 22nd Terrace are zoned commercially, would be a deprivation of property rights for this owner. 10872 //I W Ms. Gloria Fox August 6, 1990 Page 2 We have also enclosed a copy of a Declaration of Restrictive Covenants which McDonald's Corporation is proffering to execute with its Zoning Atlas amendment application. Please call if you have any questions. sincerely, Adrienne L. Friesner cc: Ms. Wendy Cohn Alberto R. Cardenas, Esq. Kerri L. Barsh, Esq. ../MH.N F%F40AA 10872 ie2