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HomeMy WebLinkAboutR-90-0978J-90-972(b) 11/16/90 RESOLUTION NO. 9 O -^ 978 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE SPECIAL EXCEPTION, FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, PRINCIPAL USES AND STRUCTURES, TO ALLOW THE CONSTRUCTION AND OPERATION OF A HOUSE OF WORSHIP ON A SITE WHICH IS LESS THAN 2 1/2 ACRES FOR THE PROPERTY ZONED RG-3/6 GENERAL RESIDENTIAL, AND LOCATED AT 347-401 NORTHEAST 26 TERRACE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 5 AND 6, BLOCK 3, ESCOTTONIA PARK AMD., AS RECORDED IN PLAT BOOK 4 AT PAGE 161, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE, SUBJECT TO NO FOOD BEING DISTRIBUTED ON OR FROM SAID SITE AND SUBJECT TO A 6' CBS WALL BEING ERECTED ON NORTH, WEST AND EAST PROPERTY LINES, SAID WALL TO BE PAINTED AND STUCCOED ON BOTH SIDES AND SUBJECT TO THE INSTALLATION OF A GATE TO SECURE AND LIMIT ACCESS IN AND OUT OF THE PROPERTY; FURTHER, REQUIRING THAT A BUILDING PERMIT FOR SAID HOUSE OF WORSHIP BE OBTAINED BY MARCH 2, 1991. WHEREAS, the Miami Zoning Board at its meeting of October 15, 1990, Item No. 3, duly adopted Resolution ZB 84-90 by a eight to zero (8-0) vote, granting a special exception from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, Principle Uses and Structures, to allow the construction and operation of a house of worship on a. site which is less than 2 1/2 acres for the property located at 347-401 Northeast 26 Terrace, Miami, Florida, also described as Lots 5 and 6, Block 3, ESCOTTONIA PARK AMD., as recorded in. Plat Book 4 at page 161, of the Public Records of Dade County, Florida, as per plans on file, subject to a 6' CBS wall being erected on north, west and east property lines said wall to be painted and stuccoed on both sides and subject to the installation of a gate to secure and limit access in and out of the property; further, subject to the requirement that a building permit for said house of worship be obtained by March 2, 1991; and CITY COMMISSION MMINC OF U E C 6 1990 I ac if 0 I WHEREAS, a neighbor has taken an appeal to the City Commission from the Zoning Board's decision; and WHEREAS, the City Commission, after careful consideration of this matter, notwithstanding the decision of the Zoning Board finds that the application for a Special Exception does not meet the applicable requirements of Zoning Ordinance No. 9500; 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 Zoning Board in granting a special exception, subject to City Commission approval, from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, principal uses and structures, to allow the construction and operation of a house worship on a site which is less than 2 1/2 acres for the property zoned RG-3/6 General Residential, and located at 347-401 Northeast 26 Terrace, Miami, Florida, also described as Lots 5 and 6, Block 3, ESCOTTONIA PARK AMD., as recorded in Plat Book 4, at Page 161, of the Public Records of Dade County, Florida, as per plans on file, subject to no food being distributed on or from said site, subject to a 6' CBS wall being erected on north, west and east property lines, said wall to be painted and stuccoed on both sides and subject to the installation of a gate to secure and limit access in and out of the property; further, subject to the requirement that a building permit for said house of worship be obtained by March 2, 1991, is reversed and the special exception is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 6th day of Decem , 1990. ,] XAVIER L. SUA Z, MAY R MAfi'i'4F HIRAI, CITY CLE PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVEDAS TO FORM AND CORRECTNESS: r V 1\V lJ L • Y + CITY ATTORN GMM:ra.- Rl871 IL 0 14 LOCATION/LEGAL APPLICANT/OWNER REQUEST RECOMMENDATIONS PLANNING DEPARTMENT PZw20 ZONING FACT SHEET 347-401 NE 26 Terrace Lots 5 & 6 Block 3 ESCOTTONIA PARK MD. (4-161) P.R.D.C. Reverend Edward A. McCarthy. as Archbishop of the Archdiocese of Miami, his successors in office. a corporation sole 9401 Biscayne Blvd. Miami Shores, FL Phone 757-6241 Christina Echarte Brochin, Esq. 150 W. Flagler Street, Ste. 2701 Miami, FL 33130 Phone 358-0737 Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, Principal Uses and Structures, to allow the construction and operation of a house of worship on above site. (which is less than 2 1/2 acres), as per plans on file. PROVAL SUBJECT TO A THE PROPOSED SIX FOOT (6' ww w.s ..•vr..a • V W1a NwNvacu ama l 1 c:napu 1 13 acceptable The project meets all parking and landscaping requirements and will be beneficial to the immediate area and to the community in general. t � � a PUBLIC WORKS Lot is east of Biscayne Boulvard; mid block 7.5' dedication needed. DADE COUNTY TRAFFIC AN TD RANSPORTATION No objection. ZONING BOARD At its meeting of October 15, 1990, the Zoning Board adopted Resolution ZB 84-909 approving the above by a vote of 8-0, subject to conditions: (1) Grant until March 2, 1991 to obtain a building permit. (2) Provision of a 6' CBS wall on the north, west and east sides of the property lines, stuccoed and painted. (3) No food distribution on site. (4) Provision of a fate to secure access in and out of property. Two OPPONENTS and forty-seven PROPONENTS were present at the meeting Six replies AGAINST were received by mail. APPEAL Letter from Raleigh L. Graham dated October 23, 1990. ri GLORIA FOX CHEIF OF HEARING BOARD 275 N.W. 2 STRRET 2nd FLOOR MIAMI,FLA. 33130 DEAR MS. FOX: 415 N.E. 26 TERRACE. MIAMI,FLA, 33137 OCTOBER 23,1990 THIS LETTER IS TO APPEAL MIAMI ZONING BOARD DECISION OF OCTOBER 15,1990, ITEM #3 ON THE AGENDA, 347-401 N.E. 26 TERRACE LOTS 5& 6BLOCK 3 ESCOTTONIA PARK AMD.. (4-161) P.R.D.C. TO ALLOW THE CONSTRUCTION AND OPERATION OFA HOUSE OF WORSHIP ON ABOVE SITE. THIS DECISION IS UNFAIR BECAUSE: CONSIDERATION WAS ONLY GIVE TO THE FACT THAT SITE MET CONDITIONS TO BUILD A CHAPPEL TO SEAT 46 PEOPLE AND PROVIDE 10 PARKING SITES. NO CONSIDERATION WAS GIVENTO THE FACT THAT PETITIONER IS PRESENTLY HOLDING SERVICES IN TEMPERARY QUARTERS, STORE FRONT ON 27 STREET JUST EAST OF BISCAYNE BLOUVARD WITH ATTENDANCE OF 70 TO 100 PEOPLE AND A PERMANANT HOUSE OF WORSHIP"WOULD ATTRACT EVEN GREATER NUMBERS. NO CONSIDERATION WAS GIVEN TO THE FACT THAT 10 PARKING SITES IS INADAUATE FOR THE PRESENT ATTENDANCE OF 70 TO 100 PEOPLE. NO CONSIDERATION WAS GIVEN THE FACT THAT EVEN IF ADAQUATE PARKING WERE PROVIDED, ACESSING THAT PARKING IN THE MIDDLE OF EXTREMELY NARROW AND HEAVILY TRAVELED 26 TERRACE WOULD CREATE A SEVERE TRAFFIC PROBLEM AND INHIBIT ACCESS TO THE AREA BY EMERGENCY VEHICHLES SUCH AS FIRE AND RESCUE. lip ®0' .: lWAW ` C 1 Rol 16 pn �SURPR IBMoi®aa11100111111449mQ� ®e6 aeees�. s rum© E� plot ��©o ace ita�®® R u c 1P —. Y A* • ■ .. SfJR;r..-1'+'+l+R, b„I.,, ....w ra+wlr.`ii - Ar-�rYc�:: i�� -. '��.: t. y U... `1F �'i.:.a. �,_,_ _ ., �,��y,.. •':1+•, wy�r+�MY1�M� '.._q,.q,FM '� ...y,p}'* _MAN S' ;., j11 LT Im Y { t i fi re s { ty r] APPLICATION FOR A CLASS O SPECIAL PERMIT OR SPECIAL EXCEPTION - File Number OSE-03- i Within the City generally, or within certain zoning district, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and Intensive review to determine whether or not they should be permitted in specific locations, and if so, the special. limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Toning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Class D Special, Permits and Special, Exceptions. (See Articla.2aJ. i± Format public notice and hearing is not mandatory for Class D Special Permits. but is mandatory for Special Exceptions. In other respects, these classes of special permits are the same. The Zoning Board shall be solely responsible for determinations on applications for Class D Special, Permits and Special, Exceptions. AIL applications in these classes of special, p=rmits shall be referred to the director of the Department of Planning for his -recommendations and the director shall make any f urthcr ref errais required by these regulattons. h Cristin<i fkfi��rtc t;rochin, >sc�iire hereby apply to the City of Miami Zoning uoru tar approvui ot, check one: .. _ Class D Special Permit Special Exception for property located at ' 147 ro r ter; 3=4=- Miam; __; od 401 N,C- _76 3XJXQ , Mtomi. Nature of Proposed Use (Be specific) ,A ltivuMMe religiousfacility OOnsistiryg of a sm2g will be utilized s „ re i isstudses and instruction,religious oriented meeti=:J god ' al ssmd= =ram meeting 0 0 /a I attach the following in seaport or expianation of this appii=ticre I. Two surveys of the property prepared by a State of Florida Registered Land Surveyor. X L Four =;r.e:. of: site plan showing (as recuirec) preperry boundaries. existing and -'- strveruteis), panting, Landse®ing, screening, etc. building eievottons (if required) with dimns eions and computations of lot area (gross and net), LUI ratios (open space. floor area. parking, etc.?, building z;=ing ana height emmiape. See Secttort 2204.1 "C). X 3. Affidavit disclosing ownersHip of property covered by application and disclost a of interest form !Farm 4-83 anal attach to appttcaaon.l. X 4. Certified list of owners of reatestate within 377 radious from the outside -- boundaries of property covered by this appiicarion. (See Form 6-83 and attactt to X _ S. Aft ljermtf?"two pimtagonL rcpiu that show the entire gvpeny band and improvements). 6. Otter (Spectf y) per} s a Ti,,; 4-,, of Ti +1 cc +-n j- a -1- -j. QY��,� i nr f n nhtAi ni m building permit. _ X 7. -Fee of $ 1,300.00 , based on following s (a) Class O S450.00 (b) Special Exception $650.00 (e) Suscinge emmi to applieaaie fee from (a) or (b) above not to exceed S650;tc be retvrtaed if there if no appeal (City Cod aetton d2-6 Stgnatvre ' / Uwner or Hurnortzea AgenT Name Cristina Echarte Brochin Address 150 West Flagler Strret # 2701 City, State, Z'ip, Miami, Florida 33130 ishone (305) 358-0737 STATE OF FLORMA) SS: COUNTY OF DADE ) Cr. ist. _na ;=h�P Br_ochin. Psmiire , being duly sworn, dep�ones ��a says mar ne is the t tauinortzea.acenTt or Tne real property described above; that he has read the foregoing answers and that the some are true and complete•. end (if ocring as ccent for owner) that he has authority to execute this application form on behalf of the Owner. rl • P�c� sE�u Wom) SWORN TO AND SUBSCRIBED befor me this I cicw of i v _ � �t — ! NOT VDIIC zI�r torica OT L•t]r �* MY COMMISSION STiRErz NOTARY r110LIC. STATE of lrLOR10A. MY COMMISSION EXPIRES: OCT. 10. 1990- j ; �ONCLO TNAY NpTAAT PUouc UmognwasTgRe. i li ;i I iS ;i f: • r law s ' r], a -�'544-0647 ijuSMPF TFPCO"11 P. 02J46 IE2 111.1 ^ 3sS - ivra ft( 110$i), Ask HOM 1HE RISI NG TO THE SETTI NG 01' THE IS I IIINAM 1IuIIUIII III ITA I S1 ij 10/10. 90 19, 21 ter Neighbors F! her Jose Luis Menendez :'hristi Church Deai f1•icnds: Ootober 5, 1990 n Y /n� __ W9 = r Z � CA � r-- � -s Father Jose Luis Menendez bruught me your concern about the Sa:1 Francisco y Santa Clara Mission being established on Northwee+C 26th St��ee+t , Edgewater. ;'4s f rt -,T v This is strictly an outreach of the Church for religious service not for a koup kitchen, etc. I wish to take this opportunity to thank you for your kindness and for any assistance you may be able to give Father in this regard. Devotedly yours, Edward A. McCarthy Archbishop of Miami EAM:mm • g0: eld l L no n-, SrATt OF FL=DA) Ss. COLMTY OF DADS ) Before me. the undersigned authority. this, day personally appeared Cristina .Echarte dr.ochin who being by me first duly sworn, upon oath, deposes and rays: 1. That he is the owner, or the legal representative of the owner. submitting the accaipanying application for a public hearing as required by Ordinance No. 9500 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 =dification of a classification or regulation of zoning as set out in the accanpariying petition. 3. That the pages attached hereto and made a part of this affidavit cm=in the current names, mili,ng addresses. phone mmlbers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts -as represented in the application aria doclrw= suLm tted in conjunction with this affidavit are true and correct. Further Affi.ant sayeth riot. Sworn to and Subscribed before me this , day of �Notarrr .State of Florida at Large iV Commi sion F.rpires: 110TAIty rvet lc. STATZ OF FLORIDL My COMMISSION WnRES: OCT. 10. 1050. •o„o-so +Mnu xOTART PWRWC MMDLUw1 ITgRe• E 9 0 - 978 9 OWNER'S LIST Owner's flame The Most Reverend Edward A. McCarthy, as Archbishop of the Archdoc iese of Miami, his successors in office,a corporation sole Mailing Address-9401 Biscayne Blvd. Miami Shores, Florida Telephone Number 757-6241 Legal Description: Lot 5 and 6 of "AMENDED PLAT OF ESCOTTONIA PARK" according to the plat thereof as recorded in Plat Book 4, at Page 161 of the Public Records of Dade County, Florida. Owner's Name N/A Mailing Address Telephone -Number Legal Description: Owner's Name N/A 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 NONE Street Address NONE Street Address NONE Legal Description NOI:E Legal Description NONE Legal Description NONE Se Gd lc gnv o6, DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real orrn—ty: Lots 5 and 6, Block 3 of "AMENDED PLAT OF ESCM70NIA PARK" according to the plat thereof as recorded in Plat Book 4, Page 161 of the Public Records of Dade County, Florida. Property Addresses: J61 N.E• 26 Terrace, Miami, Florida 33125 N.E. 26 Terrace, Miami, Florida 33125 2. -Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties hang 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. The Most Reverend Edward A. McCarthy, as Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole. 100% ownership 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. NONE STATE: OF FLORIDA ) SS: CO(M'Y OF DADE ) FW A", PJ, A; ; do Cristina Echarte Brochin Attorney for Owner Cristina Echarte Brochin , being duly sworn, deposes and says than ne is the (Cwner) ( Attorney for Owner) 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 cn behalf of the owner. AA 54#1 A il AN. •21 y DO-Im• a•M•iO fM�M NVT�er Wl61F YN4�lILMAlTillb � 111 Cristina Echarte Srochin , being duly sw am says that he is the My appointeCI rengesentative of via the owner of the real property described in answer to question , aoove; that he has read the foregoing answers; that the same are true and com- pletes and that he has the authority to execute this Disclosure of owner- ship tone on behalf of the owner. _ l tvmae SWORN TO � SSID before t his day of 9 a wotary Wmlicp State bt Florida at Large MY COM►MISSIOr' EXPIRES: NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: OcC 10. iD90. O[RW 4.90 20M080 THMU porAm, /Umuc UN. S£: �.d K !J0 05. 9o- 978 WN TY OF TITLE WHEREAS, the undersigned is the owner of that property described as: Lot 5, Block 3 of "N4ENDE D PLAT OF FSCOITMIA PARK" accordinq to the plat thereof as recorded in Plat Book 4, Page 161 of the Public Records of Dade County, Florida. /'. «r �, Lot 6, Block 3 of "AMENDED PLAT OF FSC 1wTMIA PARK"' aceordina to the plat thereof s recorded in Plat Book 4 Page 161 Qff the Public Records•of Dade County, Florida. 150 known 'V PtitX'lPf, n Miami, Florida, and 401 North East 26 Terrace. Miami, rlorida PARCEL B The undersigned recognizes and acknowledges that for the public health, welfare. safety or trorals, the herein -described property should not be divided into separate parcels owned by several owners so long as the same is put to the Hereinafter use, and In consideration of the issuance of a permit consisting of a meetincr room and offices whic c�ri r 1�related uses I-Aiich inelused but are not limited to ' qi 13im religious studies HM instruction, reliyiou . oricntc ratings and comrunity outreach ial and for other good and valuable considerations, the: undersigned hereby agrees to restrt the use of the subject property in the following manner: !, That said property shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold. transferred, devised or assigned separately, except in its entirety as one plot or parcel of land; 2. The undersigned further agrees that this conditions, restriction and limitation shall be deemed a covenant running with the land and shall remain in full force and effect and be binding upon the undersigned, their heirs and assigned until such time as the sane niy be released in writing by the Director of Fire. Rescue and Inspection Services or his designated representative; ;rcvided, however, that this Unity of Title may be released by the Director of Fire. Rescue and Inspection Services or his designated representative, after approval of a site plan which rests all applicable City regulations. 'tined, saaled, executed and acknowledged on this , day of A.O.. 199'b-, at Miami, Florida. WITHESSES: CG� THE MOST IMVER12M E UNM A. , as AROMISHOP OF THE ARCIMIOCESE OF MIAMI, his successors in office, a 51�. E OF FLORIDA) corporation sole. CCUNTY OF DADE ) I H:;EQY certify that on this day before me, a Notary Public duly authorized in the skt,c and couiqy pramtd a4gye tQ flake acknowledgements, personally appeared :o r..e known to a Fie persons de70"scri as an a ;t cagy ar `� who executea the foregoing instrur-ont. ar.-1 acknow eZged'be ore me t'haat—such persons execute the said instrument in the name of and for that corporation. affixing the corporate seal of that corporation thereto. that as such corporate officers'such persons are duly authorized by that corporation to do so. .1:r:i that the foregoing instrument is the act of that corporation. WITkny hAAid and official seal of ' A.D., Py Co .is,ion expires: aGeXVJca prvgra=+ In the county and state named above this day 1W-Z) . WA-1 0 ) LI-) Notary Putilic in and for the 4Late of Florida at Large 90- �78 13