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
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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
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