HomeMy WebLinkAboutM-91-0085J-90-983
11/14/90
ORDINANCE NO.
AN 0 INANCE AMENDING THE ZONING ATLAS OF
ORDIN CE NO. 11000, AS AMENDED, THE ZONING
ORDIN E OF THE CITY OF MIAMI, FLORIDA, BY
CHANGIN THE ZONING CLASSIFICATION FROM R-3
MULTIFAM Y MEDIUM -DENSITY RESIDENTIAL TO C-2
LIBERAL MMERCIAL FOR THE PROPERTY LOCATED
AT APPROXI TELY 3729-49 NORTHWEST 24 AVENUE,
MIAMI, FLO DA, ALSO DESCRIBED A5 LOTS 28, 29
AND 30, BLO 11, GARDEN CITY, AS RECORDED IN
PLAT BOOK AT PAGE 73, OF THE PUBLIC
RECORDS OF ADE COUNTY, FLORIDA, AND BY
MAKING ALL TH NECESSARY CHANGES ON PAGE N0.
19 OF SAID ONING ATLAS; CONTAINING A
REPEALER PROVI5 ON AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Z ning Board, at its meeting of
November 5, 1990, Item No. 4, following an advertised hearing,
adopted Resolution No. ZB 98-9 , by a six to zero (6-0) vote,
RECOMMENDING DENIAL of a change of zoning classification, as
hereinafter set forth; and
WHEREAS, the City Commission, a ter careful consideration of
this matter, and notwithstandin the Zoning Board's
recommendation of denial, deems it a isable and in the best
interest of the general welfare of the City of Miami and its
inhabitants to grant this change of zon ng classification as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CO ISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas contained in Ordinance
No. 11000, as amended, the Zoning Ordinance of the ity of Miami,
Florida, is hereby amended by changing the zoning c ssification
from R-3 multifamily medium -density residentia liberal
commercial for the property located at approximatel 3729-49
Northwest 24 Avenue, Miami, Florida, also described as ots 28,
29 and 30, Block 11, GARDEN CITY, as recorded in Plat Boo 5 at
Page 73, of the Public Records of Dade County, Florida.
De tj It� ay
M07"70,./91- 85
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;
(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 3. Page No. 19 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.
Section 5. 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 day of
, 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1991.
XAVIER L. SUAREZ, MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
&L-C&AnA 40-11
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J RGE L. F RNANDEZ
C TY ATTO EY
GMM/rma�M 37
PZN19
ZONING FACT SHEET
LOCATION/LEGAL Approximately 3729-49 NW 24 Avenue
Lots 28, 29 and 30
Block 11
GARDEN CITY (5-73) P.R.O.C.
APPLICANT/OWNER Orlando b Delfina De Los Reyes
5220 SW 106 Avenue
Miami, FL 33165
ZONING R-3 Multi -Family Medium -Density Residential
to C-2 Liberal Commercial.
REQUEST Change of Zoning Classification in the Official
Zoning Atlas of zoning ordinance 11000, as
amended, form R-3 Multi -Family Medium -Density
Residential to C-2 Liberal Commercial.
RECOMMENDATIONS
PLANNING DEPARTMENT DENIAL. The area north of NW 36th Street
e�tween NW 22nd Avenue and NW 24th Avenue, is a
multifamily district with good accessibility.
It is defined by SR-112 and the liberal
commercial district fronting on NW 36th Street,
which form logical boundaries. The environment
of this residential area should be enhanced
rather than diminished by commercial intrusion.
Any change in zoning classification to
commercial will contribute to a reduction of
residentially designated areas within the City,
impacting the housing stock.
(See Chronology attached)
PUBLIC WORKS No comment.
DADE COUNTY TRAFFIC No comments.
AND TRANSPORTATION
ZONING BOARD At its meeting of November 7, 1988, the Zoning
Board adopted Resolution ZB 141-880 by a 6 to 3
vote, recommending denial of the above to the
City Commission. 91 w 85
i
Three proponents and two opponents were present
at the meeting.
Two replies in favor were received by mail.
CITY COMMISSION At its meeting of January 26, 1989, the City
Commission continued the above to its meeting of
March 23, 1989.
-----------------------------------------------------------------------
ZONING BOARD At its meeting of November 5, 1990, the
Zoning Board adopted Resolution ZB 98-90,
by a 6 to 0 vote, recommending denial of
the above.
One reply AGAINST and two replies in
FAVOR were received by mail.
CITY COMMISSION At its meeting of December 6, 1990, the
City Commission continued action on the
above.
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83-
1, hereby apply to the City Commis-
sion of the City of Miami lor on amenament tote Zoning Atlas of the City of Miami as
more particularly described herein and, in support of that request, furnish the following
informations
I. Address of property �' '�� `� /��^:x =% /y '�.' :.� %,�•'.
2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
3.
Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application).
4.
Certified list of owners of real estate within 375' radius from the outside
boundaries of property covered by this application. (See Form B-83 and attach to
application.)
S.
At least two photographs that show the entire property (land and improvements).
6.
Atlas sheet(s) on which property PertY appears D, (4.- / �1
7.
Present Zoning Designation
8.
Proposed Zoning Designation
? _ 9.
appLi anon) iglning y3. pr� �t honing designation is inappropriate. (Attach to
10.
Statement as to why proposed zoning designation is appropriate. (Attach to appli-
cation)EEXfub7
_i I.
Other (Specify)
112.
r
Filing Fee of $ .-:� 4 8 7 CE'' 6 according to following schedulei
(a) Tos RS-1, RS-I.i, RS-29 0.08per sq.ft. of net lot areo, minimum
130.00
RG-I, PD-li, PD-MC,
(b) Tm RG-29 RG-2.19 $0.10 per sq.ft. of net lot area, minirntLm .
RG-2.39 RO. It
y40.00 85
RO-2.1
,L t: Z'.d LZ das
(c) Tot RO-R G-2.2, RG-3, 0-f area, minimum
per sq.ft. of net lot inim ,
1460-00
o
(d) To: CR-1, CR-2, 0.I4per sq.ft. of net lot area, minimum
CR-39 0-19 CC-1, ;550.00
CC-29 WF-I, WF-R,
1-1,1-2; SPI-1,2,5,7,
8,9,11912
(e) To: CBD-I, SPI-6 MD.00
IG per sq.ft. of net lot area, minimum
(f) For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the same as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal 'to applicable fee from (a)-(c) above, not to exceed $S 0;
to be refunded if there is no appeal. (Cl a- acttq"2-61) •
Signature �o
Name c Va r?�,7 d
Address`S
Phone
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
says that he is the WwrierjrtAutharizea Agent tdr Qvi
answer to question # I, above; that he has read the fol
true and complete; and (if acting as agent for owner)
petition on behalf of the owner.
SWORN TO AND SU SCRIBED
before me this �x day
MY COMMISSION EXPIRES: S :.,3L, -`j f
L V: U LZ d3S ^R.
being duly sworn, deposes and
i the real, property described in
g answers and that the same are
he has outhorit to execut this
Notary Public;V.!,a .710-rida at Larger'
"OFFICIAL NOTARY SEAL"
j CONSUELO C. FERNANDEZ
91- $5
Form 2543
EXHIBIT A
THE CITY ATLAS AND/OR ZONING WOULD NOT BE AFFECTED SINCE THE
SUBJECT AREA HAS BECOME INCREASINGLY COMMERCIAL RATHER THAN
RESIDlim. FOR THIS REASON THE CHANGE OF DESIGNATION WOULD
NOT BE INAPPROPRIATE.
EXHIBIT B
BECAUSE THE CITY ATLAS OR ZONING HAS BEEN CHANGING THROUGHOUT
THE SURROUNDING NEIGHBORHOOD TO COMMERCIAL. THE PROPERTIES
THAT REMAIN RESIDENCE ARE EITHER VERY POORLY KEPT OR ABANDONED.
BY CONVERTING THE AREA TO COMMERCIAL THE VALUE OF THE PROPERTY
WOULD INCREASE RATHER THAN DEPRECIATE AS THEY ARE DOING NOW.
L l: Z!d LZ d3S € 9.
91— 85
THIS IS TO AC1CItMEDGE TRAT ORLANDO DE LOS REYES HAS INFORMED
US OF HIS DESIRE TO CHANGE THE PLAN DESIGNATION OF THE BELOW
DESCRIBED PROPERTY, FROM MODERATE DENSITY RESIDENTIAL (RG-2/4)
TO GENERAL COMMERCIAL (CG-1/7).
THAT AS OWNERS OF THE ADJACENT SUBJECT PROPERTY WE HEREBY SIGN
AGREEING TO PERMIT SAID CHANGE.
SUBJECT PROPERTY:- LOTS 1,2,3,28,29, & 30
BLOCK 11, GARDEN CITY PB 5/73
-i
I
NAME
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27,
28.
29.
30.
ADDRESS
L is Zld LZ d3S 99.
NON
rl
Z 3 36 5 7'
370*cAvw2?Q�
1
i
7
L]
0
STATE OF FLCRM )
SS.
C= CF DADE )
AFFIDAVIT
Before me, the undersigned autnority, this day personally
appeared �',cjayDc who being by rre fi.Tst duly sworn,
upon cath, deposes and says;
1. That he is the owner, or the legal representative of the
owner, submitting the accompanying application for a public hear: rg as
required- by Cr',.inance No. 9500 cf the Code of the City of Miami, 7- or da.
effect-:g t::e real F: rperty located is the City of Miami as descrtibed and
Lister cn the pages attached to this affidavit and made a part thereof .
2. That all owners which he represents, if any, have given t::eir
full and complete permission for him to act in their behalf for the ct=ge
or rmodir_caticn of a classification or regulation of zoning as set cut :.-i
the accc=panying petition.
3. That the pages attached hereto and Trade a part of this
affidavit contain the current :names, mailing addresses, phone m:mbers and
i
E
legal desci-..bons for the real property which he is the owner or legal
representative.
4. The facts as represented in the application and doc=e.:s
submitted in conjunction with this affidavit are true and correct.
3 Further Affiant. sayeth not.Gj��
f
fto
i
,�,/ -,c sEAr, ) gee
(Name)
Swor.. to and Subscribed before me
this . 7)Lp day of 19
f i • '/A
y,
Notax-1 Public. l orida at e
"OFFICIAL NOTARY G� /
My Ca,7.. 5i=Cd3*dj �S:FEit( W / J
..
L l: Z!d LZ d-'S 89. 91 r- 85
-+ame r
,inc Adaress
,eiennone Number2 034
Legal Descriction:,L ,�,�� �� 3a LiRQCC�
OU
�In�c� yak �' ��°!,
�n / � � 7.3
r a �vGti�z f-L�j �c:✓
Owner's Name ��
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' of the subject
site is listed as follows:
Street Address
L.JAcaa .T cyT i
Street Address
Legal Description
Legal Description
Street Address Legal Descriotion
DISCLCSLTE OF RQMGHIP
1. Legal description and street address of subject real property:
��7a`i , '3 735 c.=- 1c� 3 7 i �U, �c,�.. � /tom • , �-(,� c,rn.` , 1 L .
1-Q�Ca • 1--0-m 7>01aci i- 3 O ! & 1 e- k ! 1,(
{-btt� c! CL5 GE C �' �d �'%� t71�=� t- �=Ccl� S_ CL
ic-
2. Owner(s) of subject real property acid :arcentage of ownership.
Note: City of Miami Ordinance Rio. 9419 requires disclosure of all parties
aving a financial interest, either direm or indirect, in the subject
matter of a presentation, request or petition to the City Co=ission.
Accordingly, question 62 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
(0ZL(AN-,,)c, l�- �0-- IZP- te-5 -31nc-L
I0o io
3. Legal description and street addres= of any teal pr.ope: t , (n)
owned by any party listed in answer to question v2, arvi (b) located wiliin
375 feet of the subject real property.
�WroC. 3-73 (p vv . Lj'
P-CrT 3, a!ock II, Ga(2Aen
4u...� ICE" 44%u'-vz -tie. C'n a,2ci-
ckz� (.sac).-19- �13 q +ik�- ?4C1.1, c
Cam tPun M��
STATE OF FL=MA ) SS:
O=VrY OF DADE )
CIS
CWNM ORA=R4U
Ati-Dc', + 04 '> 105 Qbeing duly sworn, deposes and
says that no is the •wner (• erl of the real property
described in answer to question tl, abover that he has read the foregoing
answers and that the same are true and =mpletes and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
EAL)
SW= TO AND SUBSCRIBED
before me this 3�
day oaf � ._► i 9a.
,QL
LI: Zld
]c
L? d3S
89,
j7ARY cr,Lm
. FEar1;.?4Dc"Y
85
To: City of Miami Commission/ Zoning Board
Miami, Florida
Date: January 24, 1991
The following property ownwers submit this memo expressing their strong opposition to
any proposed change of zoning from residential to liberal commercial for lots 28, 29 and
30 Block 11 "Garden City" Subdivision.
1 —& wl_ MI-1_ Ai.. /1.....,. _�_ o ........a. ...,.
24 & 25 1 1 Pedro Nalanjo & Teresita Naranjo
21, 22 & 23 1 1 Pe Naranjo & Teresita Naranjo
19 & 20 1 1
3 & 4 8 Pedro "njo & Teresita Naranjo
a-&e'A
10 thru 15 8 Consignment Auto Sale
Subs~riifi:,:ad into the pu�licr
recoad iii with
item Z• /P►�/90 , z
Natty Hirai
City Clerlb 1-- 85
914- 84
To:. City of Miami Commission/ Zoning Board
Miami, Florida
Date: January 24, 1991
The following property ownwers submit this memo expressing their strong opposition to
any proposed change of zoning from residential to liberal commercial for lots 28, 29 and
30 Block 11 "Garden City" Subdivision.
Lot No. Block No. Owner's name & signature
24 & 25 11 Pedro N anjo & Teresita Naranjo
21, 22 & 23 11 Pe Naranjo & Teresita Naranjo
3 & 4 8 Pedro njo & Teresita Naranjo
10 thru 15 8 Consignment Auto Sale
Submit' d ii1to the public
x eco d ill c c .,....� c. -_—I
buff, r Hirai 85
City Clerk
84
To: City of Miami Commission/ Zoning Board
Miami, Florida
Date: January 24, 1991
The following property ownwers submit this memo expressing their strong opposition to
any proposed change of zoning from residential to liberal commercial for lots 28, 29 and
30 Block 11 "Garden City" Subdivision.
Lot No. Block No. owner's name & signature
24 & 25 11 Pedro N anjo & Teresita Naranjo
21,22&23 11
1-9 & 20
Naranjo & Teresita Naranjo
60�
28 & 29 4 Pedr aranj & Teresita Naranjo
10 thru 15 8 Consignment Auto Sale lj
�- 84
G
io
PL /
To:, City of Miami Commission/ Zoning Board
Miami, Florida
Date: January 24, 1991
The following property ownwers submit this memo expressing their strong opposition to
any proposed change of zoning from residential to liberal commercial for lots 28, 29 and
30 Block 11 "Garden City" Subdivision.
Lot No. Block No. Owner's name & signature
24 & 25 11 Pedro N anjo & Teresita Naranjo
21, 22 & 23 11 Pe Naranjo & Teresita Naranjo
A-
'l
19&20 11
10 thru 15 8 Consignment Auto Sale / j
/ v
112
1 =i
9-� 84
��- 85
40
-, - / `1'
To: City of Miami Commission/ Zoning Board
Miami, Florida
Data:. January 24, 1991
The following property ownwers submit this memo expressing their strong opposition to
any proposed change of zoning from residential to liberal commercial for lots 28, 29 and
30 Block 11 "Garden City" Subdivision.
Lot No. Block No. Owner's name & signature
24 & 25 1 1 Pedro N anjo & Teresita Naranjo
21, 22 & 23 1 1 Pe Naranjo & Teresita Naranjo
A. -
19&20 11
3 & 4 8 Pedro njo & Teresita Naranjo
10 thru 15 8 Consignment Auto Sale
91- 85
9]- 84
P
To: City of Miami Commission/ Zoning Board �2
Miami, Florida
Date: January 24, 1991
The following property ownwers submit this memo expressing their strong opposition to
any proposed change of zoning from residential to liberal commercial for lots 28, 29 and
30 Block 11 "Garden City" Subdivision.
24 & 25 11 Pedro Naranjo & Teresita Naranjo
21,22&23 11
19&20 11
Naranjo & Teresita Naranjo
10 thru 15 8 Consignment Auto Sale Z--j
record III c
NI'atty Hirai
City C1erb 85
91-- 84
a
d
To: City of Miami Commission/ Zoning Board
Miami, Florida
Date: January 24, 1991
The following property ownwers submit this memo expressing their strong opposition to
any proposed change of zoning from residential to liberal commercial for lots 28, 29 and
30 Block 11 "Garden City" Subdivision.
24 & 25 11 Pedro NaLanjo & Teresita Naranjo
2-1,22&23 11
19 & 20 11
Naranjo & Teresita Naranjo
tzf-
10 thru 15 8 Consignment Auto Sale /j
xecci:C,._.
itenVZ-1 9
r.
Cite Clerk91 -~ 85
9184