HomeMy WebLinkAboutO-10892N
IQ
J-91-315
4/2/91
10892
ORDINANCE NO.
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-4
MULTIFAMILY RESIDENTIAL TO SD-16 SOUTHEST
OVERTOWN PARK WEST COMMERCIAL -RESTRICTED
DISTRICT, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1000 NORTHWEST 1ST AVENUE,
MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 32,
33, 40, 41 AND 48, BLOCK 16, P.W. WHITE'S
RESUBDIVISION, AS RECORDED IN PLAT BOOK B, AT
PAGE 34 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 23 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of
March 18, 1991, Item No. 1, following an advertised hearing,
adopted Resolution No. ZB 15-91, by an eight to zero (8-0) vote,
RECOMMENDING APPROVAL of a change of zoning classification, as
hereinafter set forth; 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 CITY 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 is
hereby amended by changing the zoning classification from R-4
Multifamily Residential to SD-16 Southeast Overtown Park West
Commercial -Restricted for the property located at approximately
1000 Northwest 1st Avenue, Miami, Florida, also described as
Lots 32, 33, 40, 41, and 48, Block 161, P.W. WHITE'S
RESUBDIVISION, as recorded in Plat Book B, at Page 34, of the
Public Records of Dade County, Florida.
10892
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. 23 of the Zoning Atlas, made a part
of Ordinance No. 11000 as amended, by reference and description
of said Ordinance, is hereby amended to reflect the changes made
necessary by this amendment.
10892
- 2 -
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 23rd day of
May , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 20th day of June 1991. /"
ATTES
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
V\ X% �A (IV\
G. RIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED $S 0 FORM tND CORRECTNESS:
JO GE L. F RN
CI Y ATTO EY
GMM/rma/M789
- 3 -
10892
M
3
ZONING FACT SHEET
LOCATION/LEGAL 1000 NM 1 Avenue
Lots 32, 33, 40, 41 and 48
Block 16
PW WHITE'S RESUBDIVISION (8-34) P.R.D.C.
APPLICANT/OWNER First Avenue Associates Inc.
and Darrel Zbar
P.0 Box 630
Hollywood* FL 33022
ZONING R-4 Multi Fa i ly Residential.
REQUEST Change of Zoning Classification as listed in the
Official Zoning Atlas Ordinance 11000, the
Zoni n99 Ordinance of the City of Mini, from R-4
Mwltifmily Residential to SD-16 Southeast
Overtown Park nest C= werciai-Restricted
district.
RECOMMENDATIONS
APPROVAL. The Mimi Cowlrehensive Neighborhood
an a ted on 2/9/89 identifies the subject
property as restricted comercial, therefore,
there is no need for c. plan awiendant. The
proposed change as requested is consistent with
the Future Development of the neighborhood
Southeast Overtown/Park blest.
PUBLIC WORKS No c=ftnt.
DADE COUNTY TRAFFIC
AND TRANSPORTATION No objection.
70 M M BOAR® At its nesting of March 189 1991, the Zoning Board
adopted Resolution Z.B 15-91, by a vote of "
recoomending approval of the above to the City
Commission.
One MP0NM vas present at the seating.
CITZ COMMISSION At its meeting of April 259 1991, the City Casaission
continued the above.
At its meeting of May 23, 1991, the City
Commission passed the above on First
Reading.
10892
a - - ,l
11 r• '' . J
a •o f
ST.
•3 W .. ,. its .•• =
' i • ♦ D j l e II 2
,. •
• 9 • / e' ♦ s
e =
• 10 H 12 13 14 o
1� N .1 . .. .. i• = Z • 1 `
Z 1 • S• 7 Z 1• to 1
w
to
I Is
'• r t 4
Is • s a 11 li IJ. � s e ' S 3
,. ...1e ,• Z ao ZI
1 � �' ] •i• a• .M � A. .
k�J:�NI�II-
ri
11 13 1s p Z
It i ,o l
AM Zvmw�
■® MR
IM
E� •x0i
e
• s
�•
.•
M
♦
3 L
a0c
0„aou
w
O ` t
3 •
•
w
amr,
i0TO
r 11W:
`t`®.
■
10
•
�
,p
X
{
S T.
cr
12
I
t2
�
W • Io
> 13 j
II
i
NW.
'
t
... ,T
.GREYHOUND:
IT
T
�2
C
s .. 16 i
I s ...
ISO2
it 11OILI
s
4.402! AC.
•..../
�
I
w w f
S T-o. N. E
10
,
t
.
.
�
r
1'
1
•
i
N
''
�
le a �o rl
t:
2�
�•
�• •�
1
,
,
I,
•
/
•
S ♦
S
Z
1
— 1
i
0
o0e10
I
d
O
N. W.
w
N
Go
0
1,
•� • t
1
t S •
� 2•
1• N 2 irl
la
N
ZZ
as
i a
�, +
,•
!
1 H I
C, ��n i a r• 1. �� u 7
10
�� •,,� "rifi��yl'"-._ 1 � t ..sr� • •-- w.J � � �• 1` r .. ` r�,� Fx! .I'xsi�,
� {• T'. ,,,�__��,,�yyyppp � 51 • `' �f � � Y 9 `, 1-" �~.�i#�1"i-r:�`�,� 1 .,•.Y�t�.F'
y� �t.?�•� ^,.•,r. _ b:.., -„�„ �s!•...A., sr �
c-K /'d':• ♦ .. ... y ', �' / •t'�Rpf.^' 71i'JI{�j^1f�y}.
f
� � �«• r;� ..�,�.� .�— . _. F � ' 1�: � IAu
.� .
A! t •n • to • ':�-,�.w.+.^e....
. 1
A/th'-.KlfS/x�rLtK"1�.ht:.
. il' •'flrwR-dT'`.lil' � _. � E'Vt'.wiN% �l.r•�^r � '�c I r .!� 1 i
i
R - ;`• .' ' � �^ r ', j .. Ali 1}ly,�., x, 'I� tta�t� •r"'�'tiv.,
- .,t• 'i�,- ..j *,Po'�• r ��� •>< .��.st+�flf rlr.+i ury � -�/• � - . ,..ds*' .'. "tiaF� �
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Numoer ZA-83-
1, Grf i0oo h A,r
t . hereoy apply to the City
swn of the %..ary of M-amt for on amenaraent to the coning Atlas of the City of Miarn, gMare as
infer parzicvlariy aeseribea Herein and, in support of that request, furnish the following
9
1. Address of property U NW I�-
f
2. Two surveys, prepared by a State of aeanoru Florida Registered Land Surveyor. (AtSz.-n to
�✓ 3. Affidavit disciosing ownersflio of prone
interest form fFwfn 4-d3 a� a to cOvOrOd by appiicotion and disclosure of
apAttaa>ciofu.
4. Certified list of owners of reel estate within 37S radius from th
bourAkries of ot'o OM covered by this a outside
application. lSse Forte �-d3 af� astaatt to
S. At least two atma COIX that shams
the entire property stand and irhproverttents).
,�„✓ 6. Atlas sNwt(s) an which prey appeas 23
7. Preient Zoning Oesignatian '^
8. Prapased Zoning Designation C.-
//
s 9. Statement exoicinin wh
• — /CIMP a:M 9 y Present Ong designation is inappropriate. lA=ch to
�10. Statement as to why proposed
atUonu =on'ng designation is appf'ooriafe. (A=ch to appti-
ICI I. Other (Speavy)
4MMMMW"12. Filing Fee of Sj-41- t-O
41
(a) To: RS-1, RS-1.19 RS-2,
RG-1, PO-H, PD-HC,
W To: RG-2, RG-2.1,
RG-2.3, R071,
RO-2.1
(C) To: RG-2.2, RG-3
RO-3
s 0.12 per sq.ft. of net lot area,onia n
$550.00
S 014 per sq.ft. of net lot area,minimum
$600:00
$ 0.16 per sq.ft. of net lot area,minimum
$650.00
10892 �--
(d) To: CR-1, CR-Z S 0.20 per sq . ft . of net lot area A n i mun
CR-3.04, CG-1, $750.00
CC-29 WF-t, WF-R, t
I-I$1-2t SPD-I,2,S,7, 25
8l,11,12
(e) To: C9D-I, SP14 S 0.22 per sq.ft. of net lot area,miniRmm
$850.00
(f) For my change in o soctor nwnbtr only# for a particular dtatriCT eiassifioa-
t1on, the fee shall bt the soriA as for a cnangt in its district Ctassifi=icn, es
shown in (b) through (t) above.
Sigmm-re '-v
Nrine
Address �' �_ +' Ear..)
Ptww
STATE OF FLOR10A) Us
'COUNTY OF DADE )
G` 1 u( , bWng duly sworn, deaoses and
salrs MOT ne Is Tnt t er) tAwrnortzec Agent Tor Qvwwj at the real property described in
answer to question YI, above; that he has rend the foreQoinq Wdwers and that the same are
true and coi+olete: w4 (if acting as agent for owner) that he has authority to exscvte this
petition on golf of the owner. f
• rn
r (SEAL)
SWORN TO ANDS mtmw
befcwiq me this Q 131day
of a 1.
MY COMMISSION EXPIRES:
t =1c-q state or a 0 6.crge
NOTARY PUBLIC, STATE 0/ FLORIDA.
MY COMMISSION EXPIRES: Nov. b. 01191.
30HOW TURU NOTARY I•UKJC UNDnwRI r. '•r
n
A F F I D A V I T
STATE OF FLORIDA}
}SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally
appeared Darrel Zbar , who being by me 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 11000 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 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,
phone numbers 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 ar.9 true
and correct
Further Affiant sayeth not.
(SEAL)
N )
Sworn to and Subscribed before me
4.
this , day of 19 �
i�
tary Public, State of Florida at Large
'My Commission Expires:
10892 /
(O
a
Owner' s Nam
Mailing Addressi
Telephone Number
Legal Description:
OWNER'S LIST
3 / -3
Owner's Name ►.?P
Mailing Address h,�) i� ;:';L::; t����v��j ll
Telephone Number o
Legal Description: �
9 p � ;-rs�i-
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 Legal.0escription
uo-� S G -�- -T
OCL 19 .
Street Address
Street Address
1 �1
�P r� ps —%-7 ,
Legal Description
Legal Description
10892 H
DISCLOSURE OF CRIERRSHIP
iLeagal rlQ;cription and strocir arAroere; r~f rmit pr,n;-r, •••
i ow P W 10 I",
4+ 6 + 3.., s 5i 4o, 41 411 b 6&u. 14 , P.W . tNtwe65 �1e Sdb�
P �, d~ P� , ;y Da;�c "o , F I t► da. ,
i.,e rair i s , cif w abject rPai proeerty and parcentaq@ of ^wr,r,r.3h io.
Mute: ri�4 „,-f tliami Ordinance t`it:t. re?uirns disclosure of all pe.rtipi
► a,,rincl a ,;i.,.ancial intl?CPst, either eiir4ct or indirect:. in the vibjor_t
(iCe3ont2ltl^n, !'eyuest *.1' petition tt9 the city C:o"Imis=inn.
AcCorningly, qup9ti.on 02 requires disclosure of all sharehol.dir.-, or
c- tW1.ati,cns, Nerieficiar.ies of trust_, and/or aoy other interestPrl nAYt:ion.
rc* gUier :.ihh t.hnir. Pddresses am prcmrt ir4lPta Interest.
1000 F Poe AKAwits LNLI 10070 00+ 4f Lq& W141144
�r0 . Sox G 301 *e by w�� F 1. 33oZZ a -z
P ZbWP� Prts%�;, Sec C,t�v l ,/ q Y ,
V"ICt z r,
100
"to 0W**r of
Ld{t
3x, 33
P.0 .
Bo*.
6 S,o, tbllywooJ
F! .
3*JOZZ.
3. Legal. description and street address of any real property (a)
owned by any party listed ,in answer to Tiestion 02, and (b) located within
375 feet of the subject real pro�!rty.
-7) 141166 74461 VJIV% SUL to P 5 a-S )/1% 11
5�rsa AsW-1495: �oe.lOs, Io1- 113- hs • 111 -1't1 PW 111% Ttn"C
1Mi d w, , Fl 331 U
Ow,44.-S Sy Few- P4exc AssoGti'Ju 14c..
pa�+eA Zbcl►r, , 100 %/a stutire�oIc6r,
Po. boy. 6W P v6tywobr) R . 33bi Z
4QxZ 3L
"TAM" OF FUDMInA SS:
':*(Xvrn �T nr,uc ;
TC11bOIJ , being duly swonl, dQposes marl
says that tie is the wn ) (Attorney foF Owner) of the real propar�
,lescribed in answer, to question 41, abovel that he has read the foregrii,vi
-J1Swlcs ark+ that the sa,rw are true and complete! and ( if acting ae
for o r.er) that lie has stir-hor.ity to PxP,-Litn this niecloGrrra :)f.
f.,�rm on behalf nf t.hr, Cwn-str.
I c:r•.r.1.1
"i'Ii In Arty F! TrSCRT i1
r•?fore- this
C17Y r`C 10892
06
NOTARY PUBLIC STATE OF FLORID4 _ _
nv CCMISSIOt+ EXP MAY I t.1ltl: I ,ter a, T
BONDED TWU GENMAt �N5 UVO t CJ
:rill
STATE OF FIARIDA ) SS:
COMM. OF DARE )
Darrel Zbar being duly sworn, depose
says that he is the auly appolnteo President of 1000 FAA Inc.
the owner of the real property descrioea in answer to question .1. r,-jm •e;
that he has read the foregoing answers; that the same are true .-ind evr-
pletet and that he has the authority to execute this Disclosure :r LvA+ne:r-
ship form on behalf of the owner.
r
Qi (SEAL)
UM .
iaoo F,�,� �Q„GMw �ssx�k�es .rho
SMARM TO ACID MMSCPJBED
before mje this
day of t:,,,
MY.COMMISSION EXPIRES:
G/wpc/ ab/025
Wiltary FEET State of
lorida at Large
MM-TMIRJ AIAN ASIRMU AGENCY
10892
q
STATEMENT ON MERITS OF REZ'OPING
PREPARED BY THE APPLICANT
The applicant wishes to initiate commercial development on
the
.subject parcel, located at 1000 NW 1st Ave. and currently
zoned R-40 allowing for multi -family residential use (See exhibit
#1, Zoning Map). The contiguous lots owned by the applicant
include a vacant 50-foot-wide lot, and three lots improved with a
multi -family apartment building (See Exhibit t2, Subject
Survey/Plat). Under current zoning, the applicant is limited to
improving the vacant parcel consistent with multi -family
residential regulations. A change in the subject zoning to
restricted commercial is thus proposed and requested.
The subject property is located at the extreme southeast
corner of Overtown (See Exhibit t3, Aerial Photo). The proposed
zoning change does not require a Land Use Plan amendment, as the
subject is currently designated as Restricted Commercial on the
Miami Comprehensive Neighborhood Plan 1989-2000 (See Exhibit #4,
Comprehensive Plan). Consults with the Miami Planning Board
indicate that rezoning will take place eventually, and will be
initiated by the City of Miami in order to bring this site within
conformity with the Master Plan.
With less than 7 percent of the area's developable land
currently used as commercial space, a new commercial facility
would serve neighborhood residents. The proposed change is.
consistent with the established land use pattern to the north --
one of neighborhood grocery and small commercial service
establishments. Similarly, the subject as proposed ties in well as
an ancillary servicing agent for the Arena Towers, Biscayne View
Apartments and the Miami Arena two blocks to the south.
Furthermore, the subject proposed should aid in the leasing of
downtown highrise apartments -- where vacancy remains high -- by
providing a much needed neighborhood commercial agent.
As only one in 11 area residents owns a vehicle, most
residents depend upon public or commercial transportation. The
proposed site is located on the fringe of a residential area and
will safely attract mostly pedestrian -- not vehicular -- traffic.
Yet, it has ampleparking and 50 feet of frontage along NW 1st
Avenue. There will be no population change a result of this
proposed amendment, and there will be no impact upon area schools.
The facility's impact upon utilities will be minimal, and the
resulting commercial develoment will have less drainage due to
significantly lower lot coverage ratio than if the site were
developed under current R-4 zoning.
No "special treatment" or unfair benefit will be afforded the
applicant by approval of this application, nor will any other
contiguous or area property be harmed by its approval. On the
contrary, the applicant believes the proposed zoning change and
commercial development will elevate the subject's property value,
Page 1 10892 lb
and similarly raise the values of surrounding properties. The
change also should foster further development and improvements.
The applicant has worked to increase the value and viability
of his existing real estate investment in the area. Since there is
no current or future market incentive to develop the property
consistent with the existing high -density residential zoning, it
would be equitable to the applicant and beneficial to the
community for the Zoning Board to rezone this property for the
highest and best economical and neighborhood use feasible.
10892
Page 2
p3�
January 29, 1991
To Whom it May Concern
I am the owner of lots 24 and 25, Block 16, P.W. Whites Resub. I
understand that Mr. Darrel Zbar has initiated a zoning change on
lots 32, 33, 40, 41, 48, Block 16 in the same subdivision. Mr.
boar's property is right next to mine.
I just want to make it known that I fully support ort Pir. Gbar 's et -
rorts to cnange his zoning to commercial. I reel that the impact
can only be Denneiicial to my property and the immeaiate area.
If I may be or any further assistance,.please do not nesitate to
contact me.
Aespectrully submitted,
i
6teven 6wanson
Jvertown Investment inc.
e.U. .liOX UU:rS
Surrsiae, tiorida
10892
IMN
!Uj
INDIAN RIVER INVESTMENTS
MANAGEMENT CO., INC.
February 16, 1991 i
v
The City of Miami
Planning Board
Miami, Florida
Re: Proposed Zoning Change
Planning Board:
We have been informed by Mr Darell Zbar that he is
seeking a zoning change on his vacant lot behind 1000 N.W.
1st Ave., Miami, from R-4 to Restrictive Commercial. This
site is close to an apartment building that we own at 149
N.W. llth Street.
I know Mr. Zbar well and am encouraged by the prospect
of him undertaking any much needed development in the area.
I am in favor of the change which should enhance the
quality of life for my nearby residents.
S' rely,
Randall J. Weitzel
President
RJW:at
P.O. BOX 015222 Miami, FL 33101 PH. (305) 358-8030 FAX: (305) 358-1714
10892
0