HomeMy WebLinkAboutR-91-0482J-91-403(b)
6/20/91
RESOLUTION N0. 9 1 W 482
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING THE VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, ZONING DISTRICTS, R-4 MULTI -FAMILY
HIGH DENSITY RESIDENTIAL, OFFSTREET PARKING
REQUIREMENTS, TO ALLOW THE CONSTRUCTION OF A
NINE -STORY 100-UNIT RESIDENTIAL STRUCTURE
PROVIDING 31 OF 110 REQUIRED OFFSTREET
PARKING SPACES, ON ABOVE SITE, AS PER PLANS
ON FILE, FOR THE PROPERTY ZONED R-4 MULTI-
FAMILY RESIDENTIAL, LOCATED AT APPROXIMATELY
168-200 SOUTHWEST 32ND ROAD, 3200-3202
SOUTHWEST 1ST AVENUE AND 1100-1139 SOUTHWEST
22ND TERRACE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), SUBJECT TO
THE FOLLOWING CONDITIONS: (A) 80 UNITS WILL
BE RESERVED FOR RENTAL TO PERSONS WHO DO NOT
OWN OR OPERATE AUTOMOBILES (B) THE 31 ON SITE
PARKING SPACES SHALL BE RESERVED FOR VISITORS
AND DELIVERY PARKING ONLY (C) CODEC, INC.
SHALL MAINTAIN A LEASE WITH DADE COUNTY
PURSUANT TO WHICH NO LESS THAN 15 PARKING
SPACES AT THE VIZCAYA-METRO STATION PARKING
LOT SHALL BE CONTINUOUSLY AVAILABLE FOR THE
EXCLUSIVE USE OF THIS PROJECT AND (D) A
COVENANT IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY SHALL BE RECORDED IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, CONTAINING
ALL OF THE ABOVE CONDITIONS.
WHEREAS, the Miami Zoning Board at its meeting of
May 6, 1991, Item No. 4, duly adopted Resolution ZB 23-91 by a
five to four (5 -4) vote, denying a variance as hereinafter set
forth; and
WHEREAS, the applicant has taken an appeal to the City
Commission from the denial of the variance; and
WHEREAS, the City Commission after careful consideration of
this matter, and not withstti anding the decision of the Zoning
Board, finds that there are peculiar circumstances affecting this
parcel of land and that practical difficulties and unnecessary
hardships exist which would impair the owner's right to the
reasonable use of the property without the grant of variance as
hereinafter set forth;
CITY COMMINION
MEVMG 4F ...,a_
S U N 20 1991
91- 4
IMSOLUrioa eo.......�......
OP I
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Miami Zoning Board in
this matter is reversed and the request for a variance from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Florida, Article 4, Zoning Districts, R-4 Multi -family
High Density Residential, Offstreet Parking Requirements, to
allow the construction of a nine -story 100-unit residential
structure providing 31 of 110 required offstreet parking spaces,
on above site, as per plans on file, for the property zoned R-4
Multi -family Residential, located at approximately 168-200
Southwest 32nd Road, 3200-3202 Southwest 1st Avenue and 1100-1139
Southwest 22nd Terrace, Miami, Florida, also described as Tract
A, VIZCATRAN GARDEN SUBDIVISION, as recorded in Plat Book 129 at
Page 89 of the Public Records of Dade County, Florida, subject to
the following conditions: (A) 80 units will be reserved for
rental to persons who do not own or operate automobiles (B) the
31 on site parking spaces shall be reserved for visitors and
delivery parking only (C) CODEC, INC. shall maintain a lease with
Dade County pursuant to which no less than 15 parking spaces at
the Vizcaya -Metro station parking lot shall be continuously
available for the exclusive use of this project and (D) a
covenant in a form acceptable to the City Attorney shall be
recorded in the Public Records of Dade County, Florida,
containing all of the above conditions, is hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption.
2
PASSED AND ADOPTED this I 20th day of June _, 1991.
XAVIER L. REZ, MAYOR
A'TTES
♦ lb
MATTY /HIRAI,
PREPARED AND APPROVED BY:
. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
E L. F RNANDEZ
CI ATTOR EY
GMM/rma 196
�'IpZrmI7
20NtN6 FACT SNEEf
LOCATION/LEGAL APPROX. 168.200 Sid 32 RD
3200.3202 SW 1 AVENUE
b 1100-1139 SDI 22 TERRACE
Tract A
VIZCATRAN GARDEN SUB (129.89)
APPL ICANT/OWNER
ZONING
REQUEST
RECOMMENDATIONS
PLANNING, BUILDING I ZONING
DEPARTMENT
PUBLIC WORKS
DADE COUNTY TRAFFIC
AND TRANSPORTATION
ZONING BOARD
Viscatran Limited
7380 NW 77 Court
Medley, FL 33166 Phone $92.2223
Juan M. Delgado, General Partner
Vi=cstran Limited
7380 NW 77 Court
Miami, FL 33166
R-4 Multi Fasiiy Residential.
Variance from ordinance 11000, as
amended, the Zoning Ordinance
of the City of Miami, Article 4.
Zonis .Districts, R-4 Multifaeily
Ni h Tensity Residential,
Of street Parking Requirements,
to allow the construction of a
9-story 100-unit residential
structure providing 31 of 110
required offstreet parking
spaces, on above site, as per
plans on file.
DENIAL. There is no justifica-
olin —or hardship shorn for the .
subject- request. The subject
area requires the balanced
maintenance of the required -off-
street parking for the protection
of the adjacent low density
residential area. Providing 31
parking spaces for a 100 dwe111nq
unit project Would be detrimental
to the area even if the project
Is adjacent to a metrorail
station.
No Comment.
No Comment.
At its meeting of May 6,
1991, the
Zoning Board adopted Resolution ZB-
23-91, denying the above by a vote
of 5-4.
Eighty-three OPPONENTS,
and three
PROPONENTS were present
at the meeting.
Twelve replies AGAINST,
and one in
FAVORO were race ve y
mail.
Letter dated May 15, 1991 from :Al
Cardenas.
Y,
91— 482
i
F
ate;
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Awli*Aff7iA
h
TRANSPORT ANALYSIS PROFESSIONALS
A Transportation Consultant Group INC.
7700 N. Kendall Drive + Suite 806 + Miami, Florida 33156 + Tel, 305/274-70009 Fax: 305/274-0301
June 19, 1991
Al Cardenas, Esq.
Farrell, Cardenas, Fertel & Rodriguez
201 South Biscayne Boulevard
Suite 1920
Miami, Florida 33101
RE: Vizcatran, Ltd./Codec Development
Parking Needs Assessment
Dear Mr. Cardenas:
Submitted into the public
record in connection with
item, on a
aft . Hirai
City Clerk
As requested, Transport Analysis has evaluated the parking needs of the proposed 100
dwelling unit, 9 story Vizcatran/Codec housing development for lower income elderly and
handicapped residents. The proposed Section 202 development, to be located near S.W.
32nd Road, S.W. 1st Avenue and S.W. 22nd Terrace in Miami, would be near the Vizcaya
Metrorail station.
High-rise residential structures which are specifically designed and operated for the benefit
of lower income elderly and handicapped residents exhibit substantially different total
parking demands than high-rise apartments or condominiums which accommodate a more
diverse set of dwellers.
Earlier this year, our staff surveyed somewhat similar facilities in Dade County. The two
survey sites each contained approximately the same number of dwelling units as that
proposed for Vizcatran, each supplied an ample number of parking spaces, and each was
fully mature with an operational history. The two survey sites were located further west
between West Flagler Street and Tamiami Trail and each had high levels of unit occupancy
during the period of our survey. The survey sites differed from Vizcatran in that neither was
served by Metrorail, although Metrobus service is available to each.
Twelve observations were made of the total parking needs at these comparable facilities on
weekdays, weekends, during mid -day, late evening and early morning hours to ensure that
the period of maximum total parking demand would be captured of the parking needs
generated by residents, visitors, on -site management and maintenance personnel, service
vehicles, deliveries and all other forms of vehicles.
The maximum observed parking demand rate generated at any time by either facility was
0.337 vehicles per occupied dwelling unit.
Planning + Design and Engineering + Accident Reconstruction
91-- 482
Al Cardenas, Esq.
June 19, 1991
Page 2
To safeguard against any potential underestimating of the maximum parking needs to be
generated by the proposed Vizcatran development, an additional 20% is added to the
maximum parking demand rate observed at either of the similar operational facilities in our
survey.
With 100% occupancy, and with this upward 20010 adjustment, the proposed Vizcatran
development will have a parking demand not to exceed 41 spaces during periods of the year
when it is fully occupied/rented. Our parking demand is possibly over estimated in that we
have not taken into account the proximity of this site to Metrorail and perhaps further
reductions attributable to the stipulated low income status of residents required at this site
which was not necessarily a stipulation for residency at the two sites in our surveys.
The proposed development plan, per our understanding, includes 33 on -site parking spaces
and 15 off -site parking spaces under lease at the Vizcaya Metrorail station. This total of
48 spaces provides 7 spaces (17%) beyond the maximum calculated demand.
Thus, we conclude that the combination of 33 on -site and 15 off -site parking spaces
proposed for the Vizcatran development will adequately accommodate the number of
parking spaces needed by the residents for whom this development is being designed, their
visitors, service/delivery, and any on -site management/maintenance personnel assigned for
typical daily operation when the development is fully occupied.
Very truly yours,
TRANSPORT ANALYSIS PROFESSIONALS, INC.
David C. Rhinard, P.E.
Principal
DCR/mcs
Submitted into the public
cc: Jose Fabregas
record in conncclion with
item 7�z /1 an 7 1 a /0
Matty Hirai
City Clerk
91-- 482
Creorge J. Acton, Jr. , A. Z. A., A. I. C. P. , Consultant
Architecture, Urban Planning and Design, Zoning
9605 Southwest 120 Street, Miami, Florida 33176 (305) 233-4404
June 9, 1991
The City Commission
City of Miami
Miami, Florida
Re: Vizcatran Ltd. Request for Off -Street
Parking Requirement Variance
Dear Commissioners:
When the Miami Zoning Ordinance was redone in the late 1970's and
early 1980's, particular attention was directed to applications
for variance from terms of the ordinance. Standards and
requirements for variances were added to the Zoning Ordinance that
had to be met by petitions for a variance. Special exceptions and
special permits were added to the new ordinance to provide
variations from various standards such as off-street parking for
housing for the elderly.
Article 191 Section 1903 of the present ordinance states that a
variance shall not be granted unless a written petition is
submitted demonstrating that the petitioner has met all of the
requirements and standards of Section 1903.1(a) through (f).
The petitioner has not met any of the standards or requirements of
(a) through (f), therefore, the Commission cannot grant the
variance.
The petitioner should have followed parking requirements for the
elderly in Article 9, Section 917.5, which requires a Class II
permit, and one parking space for each two dwelling units, with the
remaining one-half of land area which would have been used for
parking to be set aside for open space or recreational purposes.
This application for a variance is also in direct conflict with the
Viscaya Station Area Plan adopted by the City of Miami City
Commission on October 17, 1979. The Plan states that planning
goals should:
r
June 9, 1991
Page 2
- Conserve and protect the low density residential
neighborhoods whenever possible in the station area, and
- Provide attractive housing opportunities close to the
downtown area for middle income persons.
The Plan further stated that Land Use proposed changes in area a
(where the petitioner site is located) should:
- Encourage assembly of multiple lots into larger sites by
density restrictions on small sites.
- Height limitation of six stories
- Require adequate on -site parking and open space.
The proposed development will not meet any of these adopted
provisions. A nine story building, 151 feet long, 53 feet wide,
and 80 feet high, will block sunlight from the neighboring one-
story houses along S.W. 22nd Terrace until noon each day as well
as obstruct prevailing breezes. The off street parking and loading
areas adjacent to the residential lots on 22nd Terrace will destroy
their low density residential quality.
The City Commission should have followed the recommendations of the
Viscaya report for a special zoning district in this neighborhood,
and not granted a change of zoning on April 22, 1986, on two lots
from RG-1/3 to RG-3/7 (later changed to R-4) which in effect is
spot zoning, and allows the construction of a building that does
not meet the requirements of rezoning as established in Article 22,
Section 2210 (a) through (p), and especially:
(d) the change suggested is not out of scale with the needs
of the neighborhood or the city.
Comment: The nine -story building is obviously out of scale
with adjacent one-story buildings.
(h) The proposed change positively influences living
conditions in the neighborhood.
Comment: The nine -story building will have a detrimental
influence on living conditions in the neighborhood.
Submitted into the public
record in connection vAth
item 2 ' on, L-2 0
Matty Hirai
City Clerk
91-- 482
June 9, 1991
Page 3
(k) The proposed change has the same or similar impact on
light and air to adjacent areas as the existing classification.
Comment: As stated earlier, a nine -story building will block
light and air in this low density neighbohood.
(1) The proposed change has the same or similar impact on
property values in the adjacent area as the existing
classification.
Comment: The nine -story building will have a negative effect
on surrounding low density properties.
(m) The proposed change will contribute to the improvement
or development of adjacent property in accord with existing
regulations.
Comment: Adjacent properties will not be improved with
existing regulations. To meet this requirement, new special
district transit area zoning is needed for the entire area.
Finally, the Commission should consider that this petition is
for one of the areas that resulted from transferring the 200 units
of high duality low to moderate income housing for the workers on
Claughton Island to 225 units of low to moderate income housing in
three other areas of Miami.
In a letter to the City Commission in 1985, Mr. Robert
Traurig, who was representing Claughton Island developers, stated
that the residents in this project area would have the opportunity
to reach major employment centers in Greater Miami. The design of
the building in the letter indicated a series of apartment
balconies, swimming pool and other amenities for working people.
The project was not intended for elderly housing.
Sincerely
George J. Acton, r.
A.I.A., A.I.C.P.
Submitted into the public
record in connection v: ith
item 4�11 on 6 Irl J/ q
Matty Hirai
City Clerk
91- 482
a
LAW OrrICES
FERRELL, CARDENAs,. FERTEL & RODMGLTEZ
A WPOcESS�ONAL ASSOC-AT ON
SUITE 192C. MIAMI CENTER
2Ct SOL.T.. BISCAYNE BOULEvARO
M-LTCN M cERRELL JP
ALBEMTC R CARCENAS MIAMI. FLORIDA 33I31-2306
ALAI A cERTE� TELEp•+ONE (305) 371•8585
TE+.ECOP1Ea i305} 371 5732
MtL` RCOR,G�. E2
A ..--kl :E,vA
r,u: A STEVvART. JR May 15, 1991
METER S KNEZEvtC�
Ms. Gloria Fox
Clerk of the Boards
City of Miami
275 NW 2nd Street
Miami, FL 33128
Re: Vizcatran, Ltd./Codec - Notice of Appeal
Dear Ms. Fox:
This letter is a notice of appeal from the City of Miami, Zoning Board decision of
May 6, 1991 regarding item #4, for property located at approximately 168-200 SW 32nd
.Road; 3200 - 3204 SW First Avenue and 1100 - 1139 SW 22nd Terrace, Miami, Florida.
Item 4 requested a variance from Ordinance 11000,as amended, to allow the construction
of a 9 story 100 unit residential structure, providing 31 of 110 required offstreet parking
spaces.
The Vizcatran, Ltd./Codec development is a Section 202, elderly and handicapped
housing project; 25% of the project will be efficiency' units and 75% will be one bedroom
apartments with an expected average residents' age of 71 years.
Special conditions and circumstances exist which are peculiar to the proposed
building and which are not applicable to other buildings in the same zoning' district.
The project is to be utilized by , elderly and handicapped individuals whose vehicles
utilization is far below the average of the general population. Furthermore, the economic
status of elderly and handicapped persons who qualify for residency at a Section 202 project
falls far below standards necessary to own and maintain a vehicle. Another special
condition to be considered in granting a variance from the required parking spaces. is the
project's close proximity to the Viscaya Metrorail Station which will encourage, future
residents to use mass transit over individually owned vehicles. This particular site was
selected by the City Commission for this project in 1987 with a proposed 120 units.. These
conditions and circumstances are the results of either the particular requirements of a
Section 202 project for the elderly and the handicapped or by the existance of the
geographic location of mass transit which cannot be controlled or altered by the applicant.
Literal interpretation of the provisions of the zoning ordinance deprives the applicant
of rights and treatment enjoyed by other property owners with similar or identical projects
'z
91�- 4 2
Ms. Gloria Fox
Page two
PETITION FOR VARIANCE Fite Number V4 3
is Of the terms Of the ordinance Than aurh action VAa not be
A variance retazmtion
COnti'at'j► to the pubUC tat Outwh'e+ owf0 to Condttim pecuttar to the
of Ods
property and not the rm dt of actions of the appuco m uterat oryoreement
ordinance �routd result in mmesuary, and undue hardship on the pvps . As used Ot
this ordinance, a veoftm is authartsed• only f he t om, !
dimwalons of yards and other open spaces or leadbig
requirements tSecttan 3101)
hereby petition the City of Miami Zoning
i, ee
ftwo or a vartanram the terms "Zoning Ordinanee of the City of Miami;
lot Ane&32rd. Miami, as
affecting property located at N.N. Corner of s. We
specified below.
In avpport of this applleatlon, the following material is submitted with this applicatiom
i. Two copier of a survey of the property prepared by a State of Florida Registered
Land Surveyor.
Z Four copies oh the site plan showing (as required) properly boundaries, e�3stMg
of any) aid p m*mw Dorking, tond�eoping. eta buiiding d
lot (grass and s spacing, LEA
and dirnensions and.co�nputatlam of' area
rotlos, and height "0*0-
x covered by application and d Worm
3. Affidavits disclosing ownership of property
of interest form (Forms W13 and W3, to opplieatiani.
_x 4. Certified li=t of owners of real estare within 37S radius from the outsidi
boundaries covered by this application. (Form 6-83 and attachto
of property
opplicotion.)
At least two that snow the entire property (land anJ improvements)•
�. S. photographs
S. Other (speafy)
776 s3o apply toward the cost of processir►q� bored of the fQllow+9r
7. Fee of s 5„.�„
(o) RS, RG•l (residehtf al uses) sm.00
qt) For penetration of Plane Ili
by ante and the like SS00.0Q
(c) All other applications for
$0.0 7 p0 :sp:f t. fbor aria of buildinq(s)
each matt variance
fram the ordino= minister► - $550.00
�+
v
(d) 5urchargs e l to applicable foe from (Q)•(c) above, not to +exoped
10 b� refunded 1f than is appeal. (Clty Cade * Scribes., 624i) r
k ;
4, 2"
-
0
IF
..V S. The Variance regont ed is for relief from the provisions of Section of
the City of Miami Zoning Ordinance as follows:
Multi -family parking requirements of the City of Miami
To allow the provision of 31 parking spaces where 115 spaces
are required.
9. In support of this application, the opplicatit is prepared to offer the following
evidence, on the point enumerated at Subsection 3103.1 of the City of Miami
Zoning Ordinances
Note: This application cannot be accepted for Zordng Board aetian unless a�ii of the
f oUotiing sir Items are completed.
x (c) Literal 'interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights eomrnby enjoyed y other properties in the same
Underthe zoning districtundue hardships of the an�tl'ng � in that:
ordinance
and would work
unnecessary
nncessary
See attachment A, Paragraph 8
x (d) Granting the variance requesTea will not % -- v.. ..._
�� . .. - -- �_a !_ �__:� 1... •ka 7enine Ordinance to other loads, buildings, or . .
(f) 11+e grant of the variance will be in 1=..W .y with the general Intent,and
pues
rpose of the Zoning Ordinaries, and will -not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
See attachment A, Paragraph 5
1.
2.
3.
4.
5.
6.
7.
a.
9.
N
•'•: ZIN
W km,44 ;G0 4
The site has an irregular configuration not
common in properties with this zoning
classification.
The site carries with it a height limitation
of 9 stories versus an unlimited height in
other sites with same zoning classification.
This height limitation came about thru
negotiations with the neighborhood association.
As a result of the above height limitation, the
footprint of the building is much larger,
therefore making the provision of at grade
parking in the required amount, impossible to
achieve without a parking structure not allowed
by H.U.D. regulations.
The easement required by the City for emergency
vehicles also decreases the amount of land
available.
No other site in the immediate vicinity is
zoned for the proposed use, therefore this
variance is not applicable to other properties
in the zoning district.
The proposed use or the property as Housing for
the Elderly and Handicapped and its proximity
,to -the Metrorail Station makes this.variance
very much in line with the intent of the Master
Plan of attracting metrorail riders.
In asking for this variance the petitioner is
following the guidelines of the U.S'. Department_
of Housing and Urban Development as it applies
to Housing for the Elderly and the Handicapped. -
H.U.D. will not fund parking structures.
The petitioner has obtained the same parkin
reductions in two similar projects, St Augustine
vill.an wl.th 100 units and Busnavista Apartments
with 105 units, both in the Allapatah section
of Miami.
The variance is the minimum required in that
the limited area of the site does not allow for
morn pnrkirng at gtndn. A reduction in units
will m6he this buildin unfeasible to manage
q
and morn important w1�.1 cause the city to lose
Federal Funds already allocated for this project.
9 482"
A FF I D A V I T
STATE OF FLORIDA)
}SS
COUNTY OF DADE )
Bafore me, the undersigned authority, this day personally
appeared JUAN M. DELGADO , 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 not 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 are true
and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
this 9 day of 401� ,19 V
►-iAffIA
le
to of Florida at Large
My Commission gxpires:
OWNER'S LIST
Owner's ;fame Vizcatran Limited
Hailing Address 7380 N.W. 77 Court, Medley, Florida 33166
'i elepnone Number (305 ) 592-2223
Legal Description: Tract "A, Vizcatran Garden Subdivision, Plat Book 129, Page 89
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 individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is 1 i sted as follows:
Street Address
NONE
Street Address
Street Address
Legal Description
Legal Description
Legal Description
. - 0-: . it; •l
1. Legal description and street address Of suoject real property:
Tract "A" , Vizcatran Garden Subdivision , Plat Book 129, Page 89,
Dade County, Florida
N.W. Corner of S. W. 1st Avenue @ S. W. 32nd Road
2.. •Owner(s) of subject real property and percentage of ownership.
Notes City of Miami Ordinances No. 9419 requires disclosure of all parties
cuing a financial interest, either direct or indirect, in the suoject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 62 requires disclosure of all shareholders of
Corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and pro ortianate interest.
100%
VIZCATRAN LIMITED
7380 N.W. 77 Court
Medley, Florida 33166
JUAN M. DELGADO - 66.66% interest, 2/3rd share General Partner
7380 N. W. 77 Court, Medley, Florida 33166
JOSE M. ALVAREZ - 33.33% interest, 1/3rd share Limited Partner
7380 N. W. 77 Court, Medley, Florida 33166
3. LegaL description and street address of any real property ( a )
oared by any party listed in araarer to question #2, and (b) located within
375 feet of the subject real property.
NONE
, being duly mc=v deposes and
says no is tAs (•wner) (Attorney for Owner) of the real property
described in answer to question fl, aboaet that he has read the foregoing
answers and that the same are true and completes and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
foam an behalf of the owner.
(SEAL)
(time)
SATE OF MPMA ) 55 s
calm or Dm
being duly sway 0 depoas and
LWO
JUAN M. DShGA O n�v&t PA"'^uR_,����r.�.O� �%I„r�
says that ne is the culy �Lceo in answer to Weatian
d com-
the owner of the
real party aeacr
that he n
as read the foregoing answers; thhaetNth e a m Dais a true o n r-
plete s and that he Of the
�r yority to
ship form one
VXW SUBSadBM
before me this
day Of JAId-
MX CMVaMCN FK'IM s
11
�j
NAME OF INDIVIDUAL:
MAILING ADDRESS:
BUSINESS TELEPHONE:
TYPE OF BUSINESS:
PERMIT APPLICATION
Codec Inc.
300 S.W. 12th Ave. Suite A
Miami, Florida 33130
(305) 642-1381
Private, for profit
PERIOD OF REQUESTED USE: One year commencing upon issuance of
HUD Permission to Occupy Applicant's
property at 175 S. W. 15th Road,
Miami, Florida
LOCATION OF PERMIT AREA: Viscaya Metrorail Station
Parking Lot, Miami, Florida.
DESCRIPTION: The Permit Area shall consist of
fifteen (15) parking spaces at
Viscaya Metrorail Station Parking Lot
Submitted into the public
mard In connection with
on 2b
Matty Hirai
City Clerk.
91-- 482
wow
- -- ---
SWORN to and sub cribed before ine
this 17 day of
IT07RY PUBLIC, state of PFo-rfa-a `"'"Zo
'.
at Large
My Commission Expires: ,47 (/ 4
* post office box addresses not acceptable.
9
Use separate attaGtiad pmgos if necussmry.
NAME OF INDIVIDUAL:
MAILING ADDRESS:
BUSINESS TELEPHONE:
TYPE OF BUSINESS:
PERMIT APPLICATION
rodec Inc.
300 S.W. 12th Ave. Suite A
Miami, Florida 33130
(305) 642-1381
Private, for profit
PERIOD OF REQUESTED USE: One year commencing upon issuance of
HUD Permission to Occupy Applicant's
property at 175 S. W. 15th Road,
Miami, Florida
LOCATION OF PERMIT AREA: Viscaya Metrorail Station
Parking Lot, Miami, Florida.
DESCRIPTION: The Permit Area shall consist of
fifteen (15) parking spaces at
Viscaya Metrorail Station Parking Lot
Oubmitted into the public
mard in connection with
it@Z--/ on2 6
Malty Hirai
City Clem
91- 482
--- - ...,
PERMIT AGREEMENT
1.
TERMS AND AGREEMENT: Applicant will be using fifteen (15)
parking spaces at the Viscaya Metrorail Station Parking Lot
for parking. Uses other than as stated herein shall require
the County's written consent. The term of this Permit shall
be for a one year period, commencing upon issuance of HUD
Permission to Occupy Applicant's property at 175 S. W. 15th
Road, Miami, Florida. Rental fee shall be Three Hundred
($300.00) Dollars per month for use of 15 parking spaces, to
be paid in advance, without billing, due on the first day of
each calendar month during the term of the Permit Agreement.
Payment of rental fee for the first and last months of the
Agreement, or any extension thereof, shall be prorated in
accordance with the number of days the Agreement is in
effect that month. The rent shall be made by check payable
to the Metro -Dade Transit Agency (MDTA), Controller's
Division - Accounts Receivable, P.O. Box 010791, Miami,
Florida 33101-0791.
2.
TERMINATION: The County, through the MDTA Director, may
revoke t is Permit at any time.
3.
RENEWAL: The County, through the MDTA Director, shall have
the —option to renew this Permit for a one (1) year period
under the same terms, conditions, and provisions established
herein, provided it is not then in default. The MDTA
Director further reserves the option, upon written request
by Applicant, to increase or decrease the quantity of
parking spaces. in the event that additional parking spaces
are added or subtracted during the term of this Permit, or
any extension thereof, the monthly rental payment will be
adjusted proportionately.
4.
ASSIGNMENT: Applicant shall not assign this Permit
Agreement.
5.
LAWSt REGULATIONS AND PERMITS: Applicant shall comply with
Cf
all applicable statutes, ordinances, rules, orders, b
regulations, and requirements of the Federal, State, Couiity,';�
--•
or Municipal Governments. Applicant shall provide proof ," f
w
compliance with all applicable required licenses, permits
and other legal requirements prior to execution of this
U
Permit Agreement.
o r� 0
6.
INDEMNIFICATION: Applicant shall indemnify and hold thq� o
County harmless from and against all claims, liability,, t
losses, and causes of action, costs and damages to personas
or property which may arise out of the fulfillment of tes"'
Permit Agreement. Applicant shall pay all claims and 10S4
of any nature whatever in connection therewith exceptin U
only those due solely to the negligence of County officgrse 0
91- 482
50.
or employees, and shall defend all suits in the name of the
County when applicable, and shall pay all costs and
judgments which may issue thereon.
V INSURANCE: Prior to commencement of this Permit Agreement,
the -A p scant shall furnish to Metropolitan Dade County, c\o
MDTA Leasing Division, 3300 NW 32 Avenue, Miami, Florida
33142, Certificate(s) of Insurance which indicate that
insurance coverage has been obtained which meets the
requirements as outlined below:
Public Liability Insurance, on a comprehensive basis,
in an amount not less than $300,000 combined single
limit per occurrence for bodily injury and property
damage. Dade County must be shown as an additional
insured with respect to this coverage.
The insurance coverage required shall include those
classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the
Applicant.
Certificates will indicate no modification or change in
insurance shall be made without thirty (30) days written
advance notice to the certificate holder.
8. RIGHT OF ENTRY: The County, or any of its agents, shall
have t e right to enter upon said premises during all
reasonable working hours to examine the same. Such entry
shall not unreasonably disturb the occupants thereof.
9. SECURITY: It is expressly understood that Applicant is
solely responsible for the personal safety of its employees,
invitees, or any other persons entering the Permit Area in
connection with this Permit, as well as any and all
equipment and/or personal property installed or brought into
the Permit Area. The County shall not in any way assume
responsibility for the personal safety of such persons,
equipment, or personal property in case of loss, theft,
damage, or any other type of casualty which may occur. The r;
Metro -Dade Transit Agency will continue to provide general
r'-
security for this Permit Area at the same level which is 'rY
being provided prior to the execution of this Permit
Agreement and occupancy of the Permit Area by Applicant.
Applicant shall provide additional security, if any, at itsrn
sole cost and expense to insure the personal safety of its,
employees, agents, invitees, and others, as well as to
Al
protect any personal property in the Permit Area.
"ri
10. MAINTENANCE: Applicant, at its sole cost and expense shad
maintai tie Permit Area in a clean and sightly condition"
and shall not allow refuse or debris to accumulate.
N�
91-- 482
t;
♦J
t�J
•�
Zy
11. SURRENDER AT EXPIRATION: Upon expiration or other
term nat on of this it, Applicant shall immediately
surrender possession of the Premises to County in
substantially the condition in which Applicant is required
to maintain the Premises except for reasonable wear and tear
and damage by fire or casualty. if, within ten (10) days
following occurrence, Applicant fails to repair or replace
any damage to the Premises caused by Applicant, its agents,
employees or invitees, County may, at its option, cause all
required maintenance, repairs of replacements to be made.
Applicant shall promptly pay County all costs incurred plus
an administrative fee of twenty (20%) percent of such costs.
12. DISCLOSURE AFFIDAVIT: Applicant shall submit a Disclosure
Affidavit as required by Dade County Ordinance No. 88-121 in
the form attached hereto as Attachment A.
13. NOTICES: All notices, requests, demands, consents,
approvals and other communication which are required to be
served or given hereunder, shall be in writing and shall be
sent by registered mail or certified U.S. mail, return
receipt requested, postage prepaid, addressed to the party
to receive such notices as follows:
To County: Metro -Dade Transit Agency
3300 NW 32 Avenue
Miami, Florida 33142
Attention: Chief, Leasing Division
To Applicant: Codec Inc.
300 S.W. 12 Ave. Suite A
Miami, Florida 33130
Attention: Mr. Jose Fabregas
Either party may by notice given as aforesaid change its
address for all subsequent notices. Notices given in
compliance with this section shall be deemed given when
placed in the mail.
Signed•
s �Fegas Exec Director
Codec Inc.
Signed: -
*ai&n&G. Avi o, P.E., P.L.S.
County Manager.
Date: i
Date:
482
E]
METRO-DADH COUNTY DISCLOSUIIH AFFIDAVIT
I, GUAAAIONE M. DIAZ tieing first duly sworn, state:
1. The full legal name and business address* of the person or entity contract-
ing or transacting business with Dade County are:
CODEC INC.
300 S. W. 12th Avenue, Suite A
Miami, Florida 33130
2. If the contract or business transaction is with a corporation, the full legal
name and business address* shall be provided for each officer and director
and each stockholder who holds directly or indirectly five percent (5%) or
more of the corporation's stock. If the contract or business transaction is
with a partnership, the full legal name and business address* shall be
provided for each partner. if the contract or business transaction is with
a trust, the full legal name and address* shall be provided for each trustee
and each beneficiary. All such names and addresses are:
(see attached)
3. The full legal names and business address* of any other individual (other
than subcontractors, materialmen, suppliers, laborers, or lenders) who
have, or will have, any interest (legal, equitable, beneficial or otherwise)
in the contract or business transaction with Dade County are:
Not Applicable
I
SWORN to and sub cribed before me
this 17 day of
, State of Floriaa
at Large
1991
GOARIONE M. DIAZ, Vice President
NAME OF AFFIANT
Si915ture
DATE: June 17th
t
My Commission Expires;
t, , , /,
* Post office box addresses not acceptable.
Use separate attached pages if nuces+sary,
PHONE (306) 642-1381/82
FAX; (30) $42-7463
0 0 E C 1N Ca —
300 S.W. 12th AVENUE SUITE A . MIAMI, FLORIDA 33i30
BOARD OF DIRECTORS
NAME OFFICE ADDRESS
Alina E. Becker Secretary 300 S.W. 12th Ave.
Miami, Fl 33130
Peter Bernal President 3233 Palm Ave.
Hialeah, F1 33012
Agustin de Goytisolo Board Member
Agustin de Goytisolo, Jr. Board Member
799 Brickell Plaza
Suite #606
Miami, F1 33131
799 Brickell Plaza
Suite #606
Miami, F1 33131
s
Lois R*rrera**
li01
A.M.
22 'Pert#ae
Georg* Jackson*
3689
S.W.
First
Avenue
Barbara Samet**
3645
S.W.
First
Avenue
Mabel and Blaine Jepeway*
3721
S.W.
First
Avenue
Ruth Barton*
3701
S.W.
First
Avenue
Ann Henry Weinreb**
3691
S.W.
First
Avenue
Mitohell Friedman
3612
S.W.
First
Avenue
Clemente Gonzalez
3655
S.W.
Third
Avenue
Mario Meak*
1300
S.W.
First
Avenue
Edward Gibson*
3473
S.W.
Third
Avenue
Jorge Palacios
3401
S.W.
Third
Avenue
Rene placios
3495
S.W.
Third
Avenue
Mr. and Mra. Jose Lorenzo
3520
S.W.
Third
Avenue
Lao and Julie Marks*
3644
S.W.
Third
Avenue
Rolando Perez
3553
S.W.
Third
Avenue
Juan Lopez
1188-1190
S.W.
22 Terrace
Carlos Batlle*
1180
S.W.
22 Terrace
Virgilic Sanchez*
1178
S.W.
22 Terrace
Fernando Sanqerman
1165-1167
S.W.
22 Terrace
Pia and Armstrong Dewey*
1176
S.W.
22 Terrace
Robert Hall*
1160
S.W.
22 Terrace
Luis Hilda**
1243
S.W.
22 Terrace
Mr. and Mrs. I.A. Blanco*
3622
S.W.
First
Avenue
Ana Mihlik**
3568
S.W.
First
Avenue
Juan and Maria Nava**
3635
S.W.
First
Avenue
J.C. and Rristy Martell**
3681
S.W.
First
Avenue
Maria Fortun*
3611
S.W.
First
Avenue
_ Damaso and Amparo Rodriguez
3621
S.W.
First
Avenue
Zary -and Yri ank Toeniel* '.-_
3435
S.W.
Flrs;+-
Avenue
Edith Dreat
3503-05-07 S.W.
First Avenue
Carman Lucas*
3701
S.W.
Third
Avenue
Jorge and Sara Pecoza
3700
S.W.
Third
Avenu
Pedro Marina
3560
S.W.
First
Avenue
Ivette C. Rosenberg
3683
S.W.
First
Avenue
Barbara Whitcomb
3565
S.W.
First
Avenue
all Miami, DAde Countxlr,
Florida
r� LAW OPtICES 100
F'rmn r.L, CAf ME AS, F=T= & R010M VIM
A PROFESSIONAL ASSOCIATION
SUITE 1920. MIAMI CENTER
201 SOUTH BISCAYNE SOULEVARO
MILTON M. PERRELL. JR
ALSERTO R. CARDENAS MIAMI, FLORIDA OLlIOI•Qt30b
ALAN K. CERTEL TELtPHONE (305) 371.9585
MILY ROORIGUEZ TELECOPIER (305) 371 - 5732
A. VICKY LEIVA
GUY K. STEWART. JP- May 15, 1991
PETER S. KNE2EV10H
Ms. Gloria Fox Sub.mittod into the Public
Cleric of the Boards record in
City of Miami connection W. th
275 NW 2nd Street iten 'G- /7 , -
Miami, FL 33128 can -Z e
-
Re: Vizcatran, Ltd./Codec - Notice of Appeal 142aftY Hirai
City Clerk
Dear Ms. Fox:
This letter is a notice of appeal from the City of Miami, Zoning Board' decision of
May 6, 1991 regarding item #4, for property located at approximately 168-200 SW 32nd
Road; 3200 - 3204 SW First Avenue and 1100 - 1139 SW 22nd Terrace, Miami, Florida.
Item 4 requested a variance from Ordinance 11000, as amended, to allow the construction
of a 9 story 100 unit residential structure, providing 31 of 110 required offstreet parking
spaces.
The Vizcatran, Ltd/Codec development is a Section 202, elderly and handicapped
housing project; 25% of the project will be efficiency units and 75% will be one bedroom
apartments with an expected average residents' age of 71 years.
Special conditions and circumstances exist which are peculiar to the proposed
building and which are not applicable to other buildings in the same zoning district.
The project is to be utilized by elderly and handicapped individuals whose vehicles
utilization is far below the average of the general population. Furthermore, the economic
status of elderly and handicapped persons who qualify for residency at a Section 202 project
falls far below standards necessary to own and maintain a vehicle. Another special
condition to be considered in granting a variance from the required parking spaces is the
project's close proximity to the Viscaya Metrorail Station which will encourage future
residents to use mass transit over individually owned vehicles. This particular site was
selected by the City Commission for this project in 1987 with a proposed 120 units. These
conditions and circumstances are the results of either the particular requirements of a
Section 202 project for the elderly and the handicapped or by the existance of the
geographic location of mass transit which cannot be controlled or altered by the applicant.
Literal interpretation of the provisions of the zoning ordinance deprives the applicant
of rights and treatment enjoyed by other property owners with similar or identical projects
91- 482
3t
r
-"A
Ms. Gloria Fox
Page two
located within the City of Miami. In the past, the following elderly housing projects have
received variances from the parking space requirements:
1. Las Palmas - 100 units
located at NW 7th Street and 26th Avenue.
2. Buena Vista - 105 units
located at NW 35th Street and 18th Avenue.
3. T.M. Alexander - 150 units
located at
4. St. Augustine - 100 units
located at NW 19th Street and 15th Avenue.
Therefore, a precedent has been created which must be maintained in order to
ensure equal treatment under the law. A hardship has certainly been established by the
precedence of the evidence presented as deferred by law.
Allowing a variance in the instance case is not only in harmony with the intent and
purpose of the zoning ordinance, but will allow the construction of a federally funded
program for the welfare and benefit of the community in general and the elderly and
handicapped residents in the City of Miami in particular. Denial of this variance will cause
irreparable damage to the residents of the City of Miami through the loss of approximately
$17.5 million dollars of federal program funding; approximately $4.5 million in construction
funds and $ 13 million over 15 years of Section 8 Subsidy. In order to ensure that these
benefits accrue to the community, a closing on the project must take place before
September 1991; thus time is of the essence in deciding the granting of a variance in this
matter.
For all the foregoing reasons, we respectfully request that the decision of the Zoning
Board of the City of Miami be reversed.
AC/ef
Sincerely,
" rl-N�
AL CARDENAS
Submitted into the puL,ic
record in connectionwith
item Pz - 11 on �&"&/ _.
Matty Hirai
City Clerk
FxFexxt-T., CAsnxwAs, FimTzL & RoDnia cz 91- 482
A PROFESSIONAL ASSOCIATION
GEORGE J. ACTON , did.
. A.I.A., A.I.C.P.
ADDRESS: 9605 S.W. 120th Street, Miami, Florida 33176
DATE AND PLACE OF BIRTH: March 9, 1926, Detroit, Michigan
EDUCATION:
Bachelor of Architecture, University of Michigan, 1950.
Master of Urban Planning, Wayne State University, 1964.
ORGANIZATION,AFFILIATIONS:
American Institute of Architects
National Council of Architectural Registration Boards
Registered Architect in Florida and Michigan
American Planning Association
American Institute -of Certified Planners
Florida Planning and Zoning Association
PROFESSIONAL EXPERIENCE:
9/1984 to present: Consultant for Architecture,
Urban Planning and Design, and Zoning.
9/1981 to 9/84: Consultant to City of Miami on their
new comprehensive zoning ordinance.
1966 to 9/81: City of Miami, Florida, Planning Department
1977 to 8/81: Urban Design Coordinator.
8/68 thru 1976: Director of Planning.
3/67.to 7/68: Chief, Comprehensive Planning Division.
1/66 to 2/67: Chief, Currerit Planning Division.
1960 to 1965: Meathe, Kessler & Associates, Architects
and Planners, Grosse Pointe, Michigan. -
Associate.
1958 to 1959: Wayne State University, Detroit, Michigan. _
Architect.
1952 to 1958: Minoru Yamasaki and Associates, Architects _
& Engineers, Troy, Michigan.
Architect.
1950 to 1952:.'. Giffels and Vallet, Architects and Engineers,
Detroit, Michigan.
TEACHING EXPERIENCE:
1966 to 1970: Adjunct Instructor, University of Miami,
Miami, Florida City Planning.principles and
practice.
1970 to.present: periodically serve on architectural and
planning juries and as a visiting lecturer.
HONORS AND DISTINCTIONS:
Public Service Award, American Institute of Architects; 1976.
Listed in:
Who's Who in America, 38th Edition.
Who's Who in Government, 2nd Edition.
Submitted into the public
record in cc:jav�cfi0n with
item /,7 0n10
.z a
fatiy Hirai
City Clerk