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
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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)
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