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HomeMy WebLinkAboutO-10904n:0 J-90-1049 12/12/90 ORDINANCE NO. 10904 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL, REMOVING THE SD-12 OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT 2557 SOUTHWEST 1 STREET AND 2613 SOUTHWEST 1 STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 16, 17 LESS THE SOUTH 1' AND LOT 18, LESS THE EAST 1' AND SOUTH 1' OF BLOCK 1, CENTRAL PARK, AS RECORDED IN PLAT BOOK 5, AT PAGE 57, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 34 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of November 19, 1990, Item No. 1, following an advertised hearing, duly adopted Resolution No. ZB 106-90 by an 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. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification from R-2 Two Family Residential to C-1 Restricted Commercial, removing the SD-12 overlay district for the property located at 2557 Southwest 1 Street and 2613 Southwest 1 Street, Miami, 10904 Florida, also described as Lots 16, 17 less the South 1' and Lot 18, less the East 1' and South 1' of Block 11 CENTRAL PARK, as recorded in Plat Book 5 at Page 57, of the Public Records of Dade County, Florida. 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; (9) 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. 34 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, is hereby amended to reflect the changes made necessary by this amendment. -2- 10904 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. 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 28th d ay of February , 1991. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of July Z-) , 1A4�, AOHIRAT CITY CLERK PREPARED AND APPROVED BY: ,#A. h,11 GZ iM­m—RA--2R CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A J GE L. RNANDEZ CITY ATTO NEY GMM/rma/M746 XAVIER L ARE 2, MA -3- 10904 0 0 LOCATI ONAEGAL APPLICANT/OWNER ZONING FACT SHEET 2557 SW i Street & 2613 SW 1 Street Lots,16 & 17, less S'1' and Lot 18, less S 1' and E 1' Block 1 CENTRAL PARR (5-57) P.R.D.C. William Randle Owner of lot 16 35 SW 27 Avenue Miami, FL 33135 Phone 642-6400 Cruz & Cruz Owner of lots 17 b 18 2600 W. Flagler Street Miami, FL 33135 Adelaida Fernandez-Fraga, Esq. 1800 SW 1 Street, Ste. N324 Miami. FL 33135 Phone 649-5486 A-2 Two Family Residential. Change of Zoning in the Official Zoning -atlas of - Zoning Ordinance 11000, the Zoning ordinance of the City of Miami from R-2 Two Family Residential to C-1 Restricted Commercial, removing the SD-12 overlay district. DENIAL. The proposed change is contrary to the MUM omprehensive Neighborhood Plan 1989-2000 (MCNP) designation of Residential Duplex. There is a companion item being presented to the Planning Advisory Board which has been recommended for denial by the Planning, Building and Zoning Department and was recommended for denial by the Planning Advisory Board. The requested change would not be consistent with existing land use patterns in the area, and would permit more i-ntense commercial uses, and consequently, additional traffic to intrude into F 1 1 0 the existing homogeneous residential neighborhood. The proposed change will affect the integrity of the - present zoning boundary, and should be denied. Further, the applicant already has SD- 12 Special Buffer Overlay District Zoning, which allows conditional use for, surface parking gaining access to/from Flagler Street rather than on SW 1st Street. PUBLIC WORKS No comments. DADE COUNTY TRAFFIC AND TRANSPORTATION No comments. ZONING No comments. ZONING BOARD At its meeting of November 19, 1990, the Zoning Board adopted resolution ZB 106-90, by a vote of 8 to 0, granting approval of the above - Three OPPONENTS were present at the meeting. Six replies ACA ST and tyro in FAVOR were received _ by mail. CITY COMMISSION At its meeting of January 24, 1991, the City Commission continued the above. At its meeting of February 28, 1991, the City COMMiosion passed the above on First Reading. 10904 �s >•�T>• IF Mug Is �i ui 'room�..� a1• I ar as le an a0 , aao .r..�.., rY • a • la• • lal all an all all an no .1I ><�u Sea all • •! . a: O LO M B I A A P K 11 N ,• Ia of IA • l is • • t " • 111 • • . a a 1 ®OAR 0 OF PU15L•1 s` INS,TRU CTION j ;Ia 11 Ie f• Il =• 1•M&" 0 1 i to ► _ • • 1• a0 1 as I :e If � Ih THE Kousgic 3 1a a 1p .• • .>• • C . u . • • ► • • • 1 1 /. . . 1a " SCHOOL 14 Is 1. 11 1. 19 SCSI of WAmI1• Il 1• 1• i' s a ,•• ', • ' s 133 3 ST 17 11 IZ l . • • 1 ° 11 • • • 13 • • a a 1 1a 1: 11 I•W96 •• a a 1 �I•a YANIRA ' ' • 1MU 2 TRY ey ;�'E -RESERVED RESERVED so „ • • I • • , , ? a a � . • • l s • �• • na Ir• • $.1�. �e 9 � el J Ia 2 e • • a• ° 2 •IM t• I l 1• Ia •• le: 1' , ''�i • e Is Ir �1• 1 Jl a3 as A • I: • a : • a • at N N 1 In ST AL a 1 ; �• Ie 1• a 1 _ �. •a lag •• •• • • M • 1.1 11 3 A'• 137 .� 7 11 Q • • 0 a • a I '•• via I••1 •a �� ' ,�.y� �•• • 6 St N 1.1 Mumma f a 1 1 • a • ! l 1 • 1ai . N eM •,• •1 >n �V �' ��•• 134, in r N 10904 il• ago no an aa• a•t aa+e ass aa• a•1 tM • �3 Y 1. T . • f � '4 •• '1 �. ' u. , it �. ; . ..__. _,...... ..«.ei+.: �K' .. ��!�r'r7�+',i'"1LN, �1'�'MC►�?NIy�+61Hh�{ �.` cxrx � al+ms.n�xrr�i'N.R'dYrtY'C4'M�WRR,.'tiMlft:+�AMr;;'ft�.AaiL+...r r w.i w}y ... Myy`7��`M�,`..ts sywy� �.�. `� m' F►R T`�'""„'atatf,,,,�wj-,81•,�r,w;;.'VN.Xa�r,;+i;,,,:>.;c, ♦ rr44.4 lie UziJOWL � 1 t ? Ilk j. x `us v Y � 8 1 .. L. .. LAD l 4 a ANALYSIS 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. 10904 M 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. There are substantial reasons why the use of the property is unfairly limited under existing zoning. It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. 10904 6 '90 JUL 20 AS :24 APPLICATION FOR AMENDMENT TO ZONING ATLAS File Numcer ZA.83. i, Adelaida Fernandez-Fraaa . herepy apply to the City Commis. sion of the �.ity at Miami tar an amenament to the coning Attaz of the City of Miami as more Pcrticularty aescribea herein and, in support of that repuutl, information: turniah the following i. Address of property 2557 S. W. 1st Street M xar.:i, FL 33135 Z. Two scarveys, prowed by a State of Florida Registered Land Surveyor. apptieattm fir• (Attach to 3. Affidavit disciasing ownership of property covered by appti=.icn and /interest form (Form 4-83 a= attach to ductosure of appttcaslaunl. ®4• Certified list of ' • owners of real estate within 37S' radius from the ouWde boundaries of sroperty covered by this apPiieatimu (Ste Farm 6-83 ow attach to aPA�caatan.J . S. At least two ehotog 00's that show the entire Property pared and improvexnentsD. 6. Atlas sheet(s) on which property appease Arge 3 4 .Z7• Preient Zoning Designation RG1/3 _ Gaperal Aesidential (one & two family 8. ProposedZoning0mignation CR2/7 Commercial Residential (Community) tom% 9. Statementpioinmlt at g why Z_7= ng designation is in appucat�ry icte. (Attach to 10. Statement as to why c PMMed zoning designation is appropriate. (Attach to coi- �11. Other (Spew Z2. Riling Pee of S according to following scnedutes (a) To: RS-1, RS-1.1, RS-2, RG-1, PD-H, PD-HC, S 0.12 per sq.ft, of net lot area,minimn $550.00 (b) To: RG-2, RG-2.1, RG-2.3, RO-1, S 0,14 per sq.ft. of net lot area minimum $600.00 RO-2.1 (c) To: RG-2.2, RG-3 RO-3 S 0.16 per sq.ft, o $650.00 f net lot area minimum 10904 I/ 0 (d) To: CR-I, - S 0.20 per sq.Sk. 4 99t 4t:%Iea,dnimiml CR-3, O-I, -I, $750.00 CG.2, WF-I, WF-R, 1.1,1-2: SP1-It2,S979 (a) To: CEO. It SPl-b S 0.22 per sq.ft. of net lot area minimum $850.00 (f) For my change in a sector number only, for a particuiar districr ciassifico- tfon, the fee snalI be the same as for a change in its district classification, as shown in (b) through (e) above. Signature • Nome Adelai ern dez-Fraca Address 1800 S.W. First Street, #324 Phom (305) 649-5486 STATE OF FLORIDA) SS: 'COUNTY OF DADE ) Adelaida Fernandez-Fraga beingdui deposes says snot ne Is the f lAutnorizea A y swots , and answer to question U I, ger1T for Owner) o the red property described in a cbwm that he has raW the foregoing and that the some we - true and ca.. late; and (if acting as agent for owner) that he has authority to execute this petM06 on behalf of the owner. i SWORN TO AND SUJ JSCRISM before me his cam► of ,y MY MY COMMISSION CXPIRU: OM 1& 199& S..M.[O tURY MvrARr PUS&A w"Gunwo"TiM. Form 2S-83 10904 e) 4 LAW OFFICES OF FdFAEL E. PAnmRNE;' P.A. 1800 S.W. First Street.__ Suits 324 o u : J1! 26 Miami, Florida 33135 Rafael E Padieme (305) 649-6486 Ana Martin•Lavie" FAX (305) 541.2039 Gustavo R. Suarez* Adelaida Fan+andez•Frapa *Also Admitted in the District of Columbia November 20, 1990 City of Miami Hearing Division 275 N.W. 2nd Street Miami, FL 33128 Attn: Gloria Fox Re: Application to Amend Comprehensive Plan and Zoning Atlas for Lots 16, 17 and 19, Block 1 CENTRAL PARK (5-57) _ Dear Ms. Fox: This letter shall confirm the verbal prcfer� made by the -applicants in that hearing before the Zoning Hoard yesterday, November 19, 1990, in the above -cited application to delete from the re -zoning application the South one (1) foot of Lots 16, 17 and 18 and the East one (1) foot of Lot 18. If you have any questions on the above, or on the application, please do not hesitate to call. Sincerely, _ 2Adeaji..rn ez-Fraga cc: Mr. Robert Garner Dr. Luis Cruz 'Mr. Guillermo Olmedilla Ms. Lucia A. Dougherty 10904 LAW OFFICES OF RAFaEL E. PAmERNE, P.A. 1800 &W, First Street Suite 324 Miami, Florida 33135 Rafael E Padieme Ana Martin•Lavielle Gustavo R. Suarez• Adelaide Fernandez•Fraga 'Also Admitted in the District of Columbia August 17, 1990 City of Miami Zoning Department 275 N.W. 2nd Street Miami, FL 33128 Re: Application for Amendment to Zoning Atlas 2557 and 2613 S.W. 1st St., Miami, Florida Dear Sir or Madam: (305) 640.5486 FAX (305) 541.2039 This letter shall serve to explain the intended uses of the property for which we have applied for re -zoning. Lot 16 (Randle Eastern property) is currently used as a parking area for the ambulance company and the building to the rear of the lot is used to house the drivers of the ambulances. In our expanding community, the need for ambulance services continues to increase and Randle Eastern is attempting to supply the need. It has been at its current location for over 20 years and the changes contemplated will simply increase their flexibility in planning. The current location is central to the concentrated Jackson/Cedars hospital area, as well as permitting prompt service to all the surrounding area. The facility currently has ingress and egress through First Street via the commercially zoned part of the property facing S.W. 27th Avenue and the contemplated change will not increase the volume of existing ambulance traffic. The neighborhood has been accustomed to the use and the change should create no additional burden to the area. The other two lots (Clinic property) are intended to be used mainly as parking for the abutting clinic property facing West Flagler Street. The existing two story structure on Lot 18 would be renovated and used purely as administrative offices for the clinic, with no patients being seen there. Currently, the zoning requires that all traffic enter and exit through West Flagler Street, through an alley on the east side of the property, as the conditional use permit on Lot 17 does not permit ingress or egress through S.W. First Street. Although entry onto the 10904 Page Two August 17, 1990 City of Miami property is not a large the e° isrom insufficient if clearancecars tforpcars to leave at the same time, to cross each other and the entering This was ait f apparently within cars to leave the alley before entering. the code requirements at the termef or ®departing structure was traffic built to exit clearly, it would be much area from S.W. First Street. Currently, Humana HMO has a parking - on the south side of FirsTheStreet ich changeires shouldnot ss and create egress from First Street. any more of a burden than whichat Humana wand egress for patients considerably safer than forcing through Flagler. We would b�omore onithan Lot 17 liwithononingressinto or covenant restricting egress egress to the parking area through -Lot 18 via First Street. The clinic is located near or on several bus routes, is close to the Jackson/Cedars hospital area and is convenien orits many there patients. again, due to the increase in the population has been an increase the ®mand clinic for toedical expand.car which has proposed created the need for to meet the needs of the expansion and changes, necessary great should not disturb the surrounding area to any community, degree due to the existing permitted use of Lot 17 as a parking area; the existing permitted ingress and egress through First Street by Randle East teachers of the nearby Miamiand Highu School; and the limitationand of egress only from Lot 17. If you have any questions, or do u not i h® itatekto scuss to contathe ct the in greater detail, please undersigned. Since ely ► �-- i ' delai a eirnand -Fraga AFF/ 1800 SO, First Street . Suite 324 . Miami, Florida 33135 • Telephone (305) 649.5486 ,p FAX (305) 541.2039 10904 1/ AFFIDAVIT STATE OF FLa=) COUNTY OF DARE ) Before me, the undersigned authority. this day perky appeared Adelaida Fernandez-Fragawho being by Ire first duly sworr. upon oath. deposes and says: 1. That he is the e*A%oP_ nr +.)%a 7e....t over, submitting the acccmpanying application for a public hearing as recxired by Ordinance No. 9500 of the Code of the City of Mimi I Florida, affecting* 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 him 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, pie umbers 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 conju=ion with this affidavit are true and correct. Further Affiant sayeth not. Sworn to aril Subscz-1 ed before me this of 1g %0 . Norary public, tat of Florida at Large KY Crorrmcission Expires: NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: DEC. 18. •ONOLO T/14V vV'r.Nr .•V�L�^ VNOt1983. glN l,1993 (SEAL) ( 1 10904 OWNER'S LIST Owner's NameW; l ,��QA„ a Mailing Address"� ��*t, nyc M{ ®;L33,1dir. —�.— Telephone Number r3o5L 6a2-64oa Legal Description: Lot 16, B1. 1, CENTRAL PARK (5-57) w Owner's Name ' Mailing Address Telephone Number ' Legal Description: Owner's (dame Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 376' of the subject site is listed as follows: Street Address Legal Description Lots 14 & 15 , •Bl . I • 35 S.W. 27th Ave_. CENTRAL PARK (5-57) Miami, FL 33135. Street Address Legal Description Street Address Legal Description 10904 DI.SC7lJ6M OF OWNERSHIP 1. Legal description and street address of subject real property.. Lots 16, 17 & 18, B1. 1, CENTRAL PARK (8-57) 2557 S.W. First Street, Miami, FL 33135 2613 S.W. First Street, Miami, FL 33135 2. -Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties raving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Lot 16 - 100% - William Randle - 35 S.W. 27th Ave., Miami, FL 33135 Lot 17 - 100% - Cruz and Cruz, a Florida general partnership, consisting of Luis Cruz, Sr. (50%) and Luis Cruz, Jr. (50%) Lot 18 - Undivided 1/2 interest as tenant in common - Luis Cruz, Sr. Undivided 1/2 interest as tenant in common - Luis Cruz, Jr. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject'real property. Cruz and Cruz Lots 7 & 81 B1. 1, CENTRAL PARK (%-57) 2600 W. Flagler Street, Miami, FL 33135 William Randle Lots 14 & 15, B1. 11 CENTRAL PARK (5-57) 35 S.W. 27th Aveneu, Miami, FL 33135 STATE OF FLORIDA ) SS: CC(D= OF DADE ) 41 krn an n[-e .2 - rra S eL . beina dulv sworn. deeoses and says that ne is the (Cwner) (Attorney ) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership fora on behalf of the owner. SWON M AMID s . before me this day of t- MY COMMISSI.ON E XPIMS: x , , SEAL) i VF.06ai i r ' et , J Florida at Large NU A-0 PUBIIG. STATE OF FLORIDA, MY CQAhl,SSiUN EXPIRES: DEC, 18, 1993. SONOL:., fnnr ry.61C uN09AWMIT0649. 10904 STATEMENT EXPLAINING WHY PRESENT ZONING DESIGNATION IS INAPPROPRIATE Lots 16 & 17 are currently in use as parking sites under city resolutions permitting conditional parking use and have been since the late 1960's. Lot 16 also has an existing structure in use as a type of dormitory for the drivers of the ambulance service. Lot 17 provides parking for the abutting clinic. Both have served the community for many years. In addition, the lots across First Street are in use for parking. The existing zoning designation does not adequately reflect current permitted uses, nor the changes required to fill community needs. STATEMENT AS TO WHY PROPOSED ZONING DESIGNATION IS APPROPRIATE In order to modernize and expand the existing facilities to more adequately serve the needs of the community,•the applicants need to better utilize their area. The clinic would like to remodel the existing structure on Lot 18 as administrative offices and utilize the remainder of Lots 17 and 18 for parking. The ambulance service also fills a public need and requires an expanded maintnance area, along with general expansion to continue to fill the growing need for ambulance service in our community. 10904 MIAMI REVIEW Published Dally 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 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 MIANI ORDINANCE NO. 10904 Inthe ................ x .X .x ................. Court, was published In said newspaper In the Issues of August 5, 1991 Afflant further says that the said Miami Review Is a newananar mhn.haa ■ _ paper nag nerstofore been conf. e County. Florida each day egal Holidays) and has been on ter at the post office In Miami or a period of one year next pr the attached copy of advertisem, she has neither paid nor prom) ition any discount, rebate, cam sae of securing this advertisen newspaper. , 9 e, dt2 r+4 before me this "OFFICIAL NOTARY SEAL" OCTELMA V. FER9EYRE MY C". EXP. 1/9/94 (SEE ATTACHED) Page 1 of 2; Page 2 of 2