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HomeMy WebLinkAboutO-10684J-89-647 6/27/89 ORDINANCE NO. 10G84; AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 146-170 NORTHWEST 35 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of June 12, 1989, Item No. 3, following an advertised hearing, adopted Resolution No. ZB 59-89, by a 9 to 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 COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of approximately 146-170 N.W. 35 Street, Miami, Florida, more particularly described as Lots 6-9, inclusive, Block 5, WYNWOOD PARK, as recorded in Plat Book 5, at Page 23, of the Public Records of Dade County, Florida, from RG-2/5 General Residential to CG-1/7 General Commercial. 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; (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. 21 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. 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. - 2- ILOV84; 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 27th day of July ' 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of December , 1989. AT?YlHiIRAI MA City Clerk PREPARED AND APPROVED BY: AEL E. SUARE -RIVAS Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: JORFE L.`''FERNAN E City Attorney GMM/RE ema/M505 XAVIER L. SUAFAZ, Ma - 3- W684- PzW5 ZONING FACT SHEET LOCATION/LEGAL Approximately 146-170.NW 35 Street Lots 6-9 inclusive Block 5 WYNWOOD PARK (5-23) P.R.D.C. APPLICANT/OWNER Edward J. Gerritt, Inc. 3465 NW 2 Avenue Miami, Florida 33127 Phone 573-2465 Lynn B. Lewis 1101 Brickell Avenue Miami, FL 33131 Phone # 374-0148 ZONING RG-2/5 General Residential. REQUEST Change, of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, the -Zoning Ordinance of the City of Miami, Florida from RG-2/5 General Residential to CG-1/7 General Commercial. RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. The proposed change is contrary to the Miami Comprehensive Neighborhood Plan designation. There is a companion item being presented to the Planning Advisory Board. The proposed change should be denied as it would allow a more intense commercial use to intrude into the existing homogeneous residential neighborhood, increasing the potential of more intense land uses along both sides of NW 35 Street in the residential neighborhood. A negative traffic impact on NW 35th Street could be anticipated. P'.1BLIC WORKS No comment DADE COUNTY TRAFFIC AND TRANSPORTATION No comments. ZONING BOARD At its meeting of June 12, 1989, the Zoning Board adopted Resolution ZB 59-89, by a 9 to 0 vote, recommending approval of the above. Four proponents and three opponents were present at the meeting. Two replies in favor and nine objections were received by mail. CITY COMMISSION At its meeting of July 27, 1989 the City Commission passed the above on First Reading. 1 X= Sa VA X The proposed change is in harmony with the adopted Miami Comprehensive Neighborhood Plan, and 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 does not materially alter the population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. 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 does not create or excessively increases traffic congestion or otherwise affects public safety. X The proposed change does not create a drainage problem. X The proposed change does not seriously reduce light and air to adjacent areas. X The proposed change does not adversely affect property values in the adjacent areas. X The proposed change is not a deterrent to the improvement or development of adjacent property in accord with existing regulations. X The proposed change does not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. ILOGS4 AN14.LYS I S X21 HQ X X 0 There are substantial reasons why the property cannot be used in accord with existing zoning. It is possible to find other adequate sites in the City for the proposed use in districts already permitting such use. 10684 3 23 ' 22 : 13 !°S 16 I7 18 19 d0 d 1 1' 4 � .+ • 'N. W. } `R µ S)f ie 4118 OWNING._ 13 ty li 17 1� - N 10 1T3 1• $ E613 22 2S 24 8to N.W. _ 36 _ - _ — rST. - SJ .PO •* r •• .• s ! 7 a S 4 3 1 It p t0 • 0 7 3 4 S 1 17 a s 10 11 12 13 4 > _t3 14 3" la i9 Ia Is to s1 [2-2 23 24 194 47 So . .. .. so � '0 N.W. 7 a 1 4 3 t$ N i U 10 •?� ;;; :�:�:. 3 4 3 ! l L47 g •• I13 i4. Is 10 i7 10 1• 1301 tt0 sl 14 • 18 {7 i• Is s0 s st s3 4 so sa s 2 ST. 1 a t0 N 13 12 it ! Is 0 1 is ss• s• sm !0 Z' N.W. 34 TERR. OM so 00o.i 0 7 s 5 4 3 1 WYNDWOO® I7' Ia Is ii is t: ii 10 Ili It 13 W. 10 13 1a 1T =O sS t14 Sti 7 I!• x . S to NO 140 - �"W. 34 ST. to s 0 T a S 4 3 2 1 81 of 10 s a 7 a_ _ 3 4 3 It 1 4 17 IG 13 10 .13 12 11 10 17 la 10 Is 20 ZI 22 Z3 N gb Is k 17 10 ! >tA sl is si s4 .•1 ZO 21 22 s 2627 so so si Z •• ST • • l a g 3 s 1 w •7 a 4.' S 2 $ 10 19 N IS IZ II 10 x 13 I7 10 Is 2 &a Z 24 C cc Is la t7 is 1s 20 21 1' 23 Z4a 20 21 3 24 2S 26 2T o _ ss so w #35 is* 1,312 1 I lu 11 1 4.'s P":a om. .. .. -•`+1.......,y+IA �-! ♦igot ` � '" �g�, ;.wy��.h, r'�f� •rye i1!�':`t�'• .a .•y,. ' d '� ¢ W A '}Y k. ,la^ P � n�Ix N' � � Y' • MrtIOM �y , ST M, N.W. " 'T+. `.i:4�Si n•, 4 1 .;� '' i, n..•�IY:�Z .. .. O - AOU�� .... ...!• .�1�.4'.. � , :�� .C. lip• .i:� ` I '� •V T 1T�, 34w iERR. f ••'T f'�{ •1 i'F i :Tip � .I � 7 ��q . t � �` Y' "'. �:.. ak AA ROBERTO CLEMENTE PARK Nf 7Y YS✓, �'. "y'J�J � �'t: � ^` N � t d♦. 1► a ,. $r ..'r. r .+� 4f J _. i ` � '1 'La5 ! _�Z rj ` i� i �l'�. t"•Sp• N You ST. y S' w � , .. - . � �' • ' ..» �, `�.. I yam. � � �� 14� - k•W .'�• ` }y'+_ �'�� �- ri y y I fy� �M e l 'vy ' .; •i h. �)'tC .� • �';''1' � � ,i,��' �t�, _..sift sossa 5 t APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83 i, La, (�-LewxS hereby apply to the City Commis- sion of the CA y of Miami nor an amenament to the Zoning Atlas of the City of Miami as more partculariy described herein and, in support of that request, furnish the following informations 35+-Q-i+ 1. Address of property • v.) 3--tR h e h"e.e,h r! . w . I h u r nJ , W Z Aue vn u 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to application) 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to application). 4. Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application.) ,r S. At least two photographs that show the entire property (land and improvements). 6. Atlas sheet(s) on which property appears Z I 7. Pre -sent Zoning Designation Zts-z/ 8. Proposed Zoning Designation C (r - ( �- 9. Statement explaining why present zoning designation is inappropriate. (Attach to application) _10. Statement as to why proposed zoning designation is appropriate. (Attach to appli- cation) 11. Other (Specify) 4mple y-eA 4 te'.� M5L �) s ,112. Filing Fee of $ z,`doo w according to following schedule: (a) To: RS-1, RS-1.1, RS-29 RG-I, PD-H, PD-HC, (b) Tot RG-2, RG-2.1, RG-2.3, RO- I , RO-2.1 (c) To: RG-2.2, RG-39 R0,3 0.0-Sper sq.ft. of net lot area, minimum 360.00 0./oper sq.ft. of net lot area, minimum . µ00.0 0 0./1per sq.ft. of net lot area, minimum 4SO.00 10684 6 (d) Tot CR- It CR-29 CR-31 0-1, CC -I, CG-29 WF-19 WF-R, 1-1,1-2; SPI-I t2,5979 8,9,11,12 (e) To: CBD-1, SPI-6 $0.1 *w sq.ft. of net lot area, minimum 56100 0.1i: per sq.ft. of net lot area, minimum 650.00 (f) For any change in a sector number only, for a particular district ciossifica- tion, the fee shall be the some as for a change in its district classification, as shown in (b) through (e) above. (g) Signature,1t, , ,6., 5 Name Lo�. UA. Le� S Address 5u", -ft3 1101 is,�Ckc1) 4sk- h;0L—' 3315 Phone 3'*'4- 0 ty o STATE OF FLORIDA) SS: 'COUNTY OF DADE ) 6 • LP ,,.15 , being duly sworn, deposes and says that h �s the t 1 Authorizes Agent face Owner)o the real property described in answer to question #I, above; that he has read the foregoing answers and that the some are true and complete; and (if acting as agent for owner) that he has authority to execute this petitioci on behalf of the owner. 1i & S (SEAL) SWORN TO AND SUE=RIBED befot me this 1 day of H rh8�. • ::� MY COMMISSION EXPIRES: Form 25-83 10684 r� i w AFFTDAVIT r.,+,# r+.- ..... rl STATE OF FL=A) SS. COUML')C OF DADE ) Before me, the undersigned authority, this day personally appeared L v, who being by ire first duly sworn, upon oatj eposes and says: 1. That he is the owner, or the legal representative of the owner, suhwitting the accompanying 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 r)r modification of a classification or -regulation of zoning as set out in the accorpanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the curreat-names, mailing addresses, phone numbers and legal descriptions for the real property which ne is the owner or legal representative. 4. The facts -as represented in the application and docti-.nents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. - 1(SEAL) 6 L15- (om) Sworn to and Subscribed before �mce� this 8day of�?�?a 19_�1 �LC ovary Public, Stat of Florida at Large NOTARY PUBLIC 3T41F OF FLORIDA My Coranission Expires: NY COMMISSION Fvr vqy, 5,1990 i OWNER'S LIST Owner's tame eAWQxA J. Gtrr;h. 'i,"C. rrw�r�rrres�rrr.r.�irrr+rrr�r Mai I i ng Address 3 qg4C (,1. � • "Z pA* ,M ; a,. , �y av-; d a 33� �- Telephone Number S�3 Legal Description:- - La h � i�rsti.�l� •rc 1,v.CWS►vt ,'�toalc S t,J;�Kwoa ����fC .._: eea iP,.� 1 rev- fi�d� esYd v 4 �. l/I a u � S' 23 t IcQ�,��cia r D Owner's Name Mailing Address ' Telephone Nuthber. r. 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 listed as follows: Street Address Street Address Street Address Legal Description �p67ru f&me4, 1-L, (?Ioct, j w�,Jvjo c o ?Aa lC . , far &z6k- P0`4 z-3 Legal Description .. I Legal Description 10684 ' 9 0,•..ti• C� OF OFF 1. Legal description and street address 'of subject zeal p&qMCY: Lots 6 through 9 inclusive, Block 5, WYNWOOD PARK, according to the Plat thereof recorded in Plat Book 5, Page 23, less the North 5 feet of Lots 6, 7 and 9. 2. Owner(s) of subject reel property and -percentage of ownernhhip. Notes City of Miami Ordinance No. 9419 requires disclosure of all parties Eav3.ng a financial interest, either direct or indirect, in the subject matter of a presentationo, request or petition to the City Commission. According'ly► question 12 requires disclosure of all shareholders of 141 r; scionso beneficiaries of trusts, and/or any other interested pastiesv together owith the' r s and .propmrtionate interest. 0MIC:. IIIA' 1 h+IS1 The Mee title holder of records is EDIAMD J. GERRITS, nM., a Florida corporation. Annex A reflects the shareholders names, addresses and respective shareholder interests in EldWard•J. Gerrits, Inc. 3. Laeu 1, doz iption and street address -of any Tsai prope.L•: owned by atY PAY i I steel in answer to question t d, ami (b) 16m ated within 375 feet of the subject real property. Lots 10 through 12, inclusive, Block 5 WYNWOOD PARK, according to the Plat thereof recorded in Plat Book 5, Page 23 of.the Dade County, Florida . Public Records are owned by Edward J. Gerrits, Inc. The street address of such property is: 3465 N.W. 2 Avenue, Miami, Florida Edward J. Gerrits, Inc. Telephone Number: (305) 573-2465 1 QAMKJDR-A=WEZ EUR SM= OF FWRIDA ) SS: C OMaT OF DARE ) Wa N L_�L w15 , being duly sworna deposes and says tnaz ne is the t'rT (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 c=plete; and (if acting as attorney for -owner) that he has authority to execv this Disclosure of Ownership form on behalf of the owner. (SEAL) J(name) SHM M AND SIISSCBISM bAM-fore me this /,3y& day of�' C//.Y&t rQ c�;�_ NdtAry Public, stat f WARY a Florida at Large sr4MISAY COMMiSS10N Frc tE OF FLORIDA 1 11 ) /'� MY CO 1M WIRES: MAY. 5,1990 10684 N Edward J. Gerrits, Inc. Corporate Officers: Patrick T. Gerrits - President Michael J. Gerrits - Senior Vice President James C. Keavney - Secretary Louise 0. Gerrits - Treasurer Cityapp/50 '10684 11 9. STATEMENT WHY APPLICANT BELIEVES THE PRESENT ZONING DESIGNATION IS INAPPROPRIATE (i) Existing Non -Residential Intrusive Uses The Property is zoned RG-2, single, two family dwelling and multiple dwellings. Density of this classificat� Low to Moderate. The Property, which fronts on N.W. 35 directly abuts three lots to the west which are zoned Commercial/General and which are owned by the Applicant. Along the southerly lot lines of the Property will be Roberto Clemente Park, which is undergoing expansion by the City since January 1989. Lots to the east of the Property are zoned RG-2 to approximately westerly of North. Miami Avenue which, like N.W. 2 Avenue is a Commercial/General zone. he blocks to the north of the Property (across N.W. 35 are similarly configured to the Property and are permitted to have RG-2 Transitional Uses, under the City Zoning Ordinance. These lots are bordered to the north by a Commercial/General Zone along N.W. 36 Street and have Commercial/General uses to the west. Commencing in 1988, the City itself excluded residential usage from the subarea by commencing to purchase 10, RG-2 lots for the Roberto Clemente Park Expansion. The net effect ul-- RG-2 Transitional lots along the north side of N.W. 35 ,gee and the intended Recreational Use of the lots northerly of existing N.W. 34 Terrace causes the 8 RG-2 lots on the south side of N.W. 35 Terrace (which includes the 4 lots which are the Property) to be entitled to RG Transitional at the present time. (ii) Land Use Patterns .In designating Wynwood as a Community Development Target Area, the City's 1989 Comprehensive Neighborhood planning highlights two principal subareas, both of which have a highly commercial or industrial use, as magnets for neighborhood improvement. These are the Garment District in Southerly Wynwood and the FEC Railway Yards which are located less than two (2) blocks west of the Property. The City itself has magnetized commercial uses without making initiatives to promote residential development or residential rehabilitation. This reflects the City's recognition that Wynwood's future is in areas other than private sector residential improvements. 1 10684 12- The established land use pattern in this approximate 38 square block sub -area of Wynwood, which is known as "Old San Juan" and where the Property is located, is rental housing to, largely, a transient population. City demographics for Wynwood indicate increased vacancies in 1980 (10.78% of available units) over 1970 (6.65% of available units) or an increase of 61%. In the 10 year period, there was an overall decrease in households by .6% and an overall decrease in families by in excess of 14.5%. In 1970, between 20% and 30% of the families living in Wynwood were below the Poverty Level; in 1980, more than 30% of the area's families were below the Poverty Level. This reflects an increase by in excess of 10%. The Wynwood area unemployment rate is higher than that in the City. Real estate professionals in the area note a relatively high absorption level for residential rentals as a result of waves of immigration of Hispanic and Caribbean Basin arrivals to the Miami area. The average rental achieved in the area for a two bedroom residence is said to be approximately $300 per month. City Planning Department records, for the 1989 Comprehensive Neighborhood Plan, reflect that the area has a higher vacancy rate than the City, coupled with median contract rental rate which is lower than that prevailing in the City. The rental population is said to be transient, so that once a resident has become assimilated and is able to afford better housing and leaves the neighborhood, there exist new emigrees to replace him. City records show negligible private sector new residential construction or renovation. The number of new or expanded commercial uses in the Commercial/General Zones which abut the residential area has held relatively constant during the same period. City Police Department crime statistics for the Wynwood area and especially for the. Old San Juan subarea reflect a high incidence of crimes against property. Annex A. Police records indicate that no less than 6 crack cocaine houses have operated within one and one -quarter square block radius of the Property. -O Vch purported crack house operates directly across N.W. 35 from the Property. Police experts cite the neighborhood poverty and relative high residential density as two factors which foster the youth gangs who are largely cited as responsible for the crimes. The present multi -family residential zoning classification, coupled with the realities of a low income, transient residential population that neither makes nor draws private investment into iosa4 13 neighborhood improvements have resulted in a high crime neighborhood, wherein youths and gangs who reside in the area prey on neighbors and the employees of the commercial users. (iii) Obsolescense of RG-2 Boundaries The boundaries of the existing RG-2 Zone have existed in essentially unchanged form for in excess of 15 years. In the period from 1976 to 1989, City Planning Department records have classified the neighborhood in the very serious category, reflecting problems associated with neighborhood decline. The boundaries perpetuate low to medium density rental apartments which house very low income persons. This fosters a high crime rate and gangs. These neighborhood criminals prey on themselves and on the owners and employees of businesses in the commercial corridors of N.W. 36 Street N.W. 2 Avenue, and N.W. 36 Street. The boundaries for the RG-2 Zone directly abut commercial zones on all four sides without either natural or traditional transitional boundaries. The RG-2 classification permits on -street parking in both the residential and commercial zones. Offstreet facilities are not available, except in rare exceptions. This situation encourages property crime. The RG-2 classification of the Subject Property which: faces a street; is bordered on the west by the one story office building owned and used by Applicant; and directly abuts Roberto Clemente Park (as expanded) without intervening barrier or street, all serve to create a zoning impossibility. Improvement with multi -family residences in an area whose demographics and economic realities have, since 1976, not justified such use is demonstrably improbable to occur. cityapp/37 3 10684 14 10. STATEMENT WHY APPLICANT BELIEVES ITS PROPOSED DESIGNATION IS APPROPRIATE (i) Proposed Designation is Consistent with Land Use Trends The Applicant is requesting that the four unimproved lots which constitute the Property be changed to a General Commercial zoning designation. The Applicant is applying for this change to enable the Applicant to: expand its existing, one story office headquarters; centralize, under one roof, storage of the Applicant's business records; and provide safe parking for the Applicant's employees. The change of zoning which is requested will only impact four 501x100' lots (less than one-half of one acre), all of which are contiguous and all of which directly abut three lots, which front N.W. 2 Avenue and which have a long -existing, General/Commercial zoning classification. In the block of N.W. 36 Street between N.W. 1 Avenue and N.W. 2 Avenue, which is only one block north of the Property, there are 11 operating commercial establishments, consisting of an auto parts retail store, 6 manufacturing enterprises, several small warehouses and other uses. RG-2 lots directly abut these commercial establishments. From N.W. 36 to N.W. 29 Street, there are in excess of 25 commercial businesses along N.W. 2 Avenue, excluding Applicant. ��-I The four lots which make up the Property front on N.W. 35 and will have, at their rear property lines, Roberto Clemente Park, which the City is currently expanding. The existing or proposed commercial/recreational uses, which surround the Property on two sides, are more conducive to the Commercial use anticipated by the Applicant than they are to the low to medium density residential uses which are mandated by the Property's present RG-2 residential classification. (ii) Impact of Requested Chancre on Surrounding Areas The Applicant's intended use of the Property will, tie it to the Applicant's existing office headquarters. The improvements will have height and setback limitations which are consistent with, and in some cases, lower than the commercial uses along N.W. 2 Avenue. In contrast, certain structures in the neighborhood, which are used as low to medium density rental apartments, have two stories and negligible lot setbacks. A change to the General Commercial use which the Applicant requests will not alter the population of the area. Since 1976, City Planning Department demographics indicate that the Wynwood area has undergone overall population decline and a decline in 4 t0684 15 the number of families living in the area. Non-residential usage of the Property will have the dual beneficial effects of: not increasing the load on existing public facilities; and increasing the tax base in the area. The Old San Juan subarea of Wynwood, where the Property lies may be considered a depressed and crime -ridden area. Wynwood has been designated a Community Development Target Area. The City's 1976 Comprehensive Neighborhood Plan gave the area the next to lowest possible rating as a neighborhood, based on the problems which are associated with neighborhood decline. In 1989, the City's Comprehensive Neighborhood Plan cited the high crime rate. City Police Department records indicate that neighborhood gangs and local crack cocaine houses are the principal causes of the high crime rate. Annex A. Derelict or abandoned houses facilitate the gangs and drug trafficking situation. Were the Property rezoned to the General/Commercial classification which the Applicant seeks, the living conditions in Old San Juan, as poor as they are, would not further deteriorate. Indeed, a new and owner -maintained commercial expansion to the Applicant's current office building is likely to abate deterioration of living conditions, at least in the block where the Property is located. The Applicant has 24 employees who work in the office headquarters. Between 20 and 25 vehicles belonging to employees are parked off -site. The expansion of the office headquarters is expected to add no new employees to Applicant's payroll. Centralization of business records under one roof from their present off -site location will not add employees. Accordingly, the use change requested by the Applicant will not appreciably increase traffic congestion, drainage problems or otherwise burden the existing City services in the area. The Applicant intends to expand its one story office headquarters onto the Property. These improvements will not reduce air flow or light along N.W. 35 Terrace or in the expanding Roberto Clemente Park. The change of land use classification to General Commercial will increase the ad valorem tax revenue derived from the four lots over the tax revenue based on their RG-2 classification. The proposed Commercial use should not be expected adversely to affect property values in the adjacent areas. (iii) Support for Requested Change by Neighbors The other property owners in both Old San Juan and in the Wynwood Area favor the Applicant's expansion plans for its office. Composite Annex B. This approval comes from both the 5 10684 residents of Old San Juan and, perhaps more significantly, from 4� the residents along N.W. 35 etween N.W. 1 Avenue and N.W. 2 Avenue, who will be most affected by the improvements planned by the Applicant. (iv) Applicant's Commitment to the Neighborhood The City Planning Department's records, from 1976 through 1989, categorize the Wynwood residential areas as ones lacking significant private sector investment in property improvements and development. Current conditions indicate that this multi -year pattern is unlikely to change. The zoning change requested by the Applicant will not adversely affect this 15 year pattern. The Applicant has operated from its sent headquarters zA-- office at the intersection of N.W. 35 Merraee-and N.W. 2 Avenue since 1948. Until December 1988, the Applicant stored its business records immediately next door, at 3441 N.W. 2 Avenue. On February 15, 1989, the Applicant conveyed this warehouse to the City for part of the Roberto Clemente Park expansion. Since February 1989, the Applicant has stored its records off -site, creating a burden to Applicant. The Applicant is seeking the change in the Zoning classification of the lots so that it may safely house its headquarters employees and its records under one roof. The Applicant has committed to provide and maintain a landscape buffer along the easterly and southerly property lines of the Property. This buffer will serve as a gentle transition between the adjacent Roberto Clemente Park and the adjacent multi -family apartment buildings on the east. cityappj40 CI Edward J. Gerrits Re -Zoning Application: N.W. 35 Street Zoning Board - June 12, 1989 Contents 1. Neighborhood Petition in Support of Applicant . 2. Wynwood Community Economic Development Corp. (Bill Rios) Letter in. Support of Applicant. 3. Concerned Citizens of Wynwood (Fred Santiago) Letter in Support of Applicant. 4. Florida East Coast Railway Company Latter of Non -Objection. 10684 18 We, the undersigned, are either owners or tenants in the old San Juan Section of Wynwood Park. We are not opposed to and support Edward J. Gerrits inc.'s application to expand its building and to rezone Gerrits' property to allow this commercial use: 4. 5. 6. Address eD. // AIW //,'AW•3s-S-- e3 q qC A" - / Aloe lofS NCAJ - !) S_St- 7. / s 61c (�,�/ �j �� 9. sv 10. 11. �v 12. 13. 14. Gz • 15. C.C. _7 4ryzo 1W • �-G7- 3 S'� d a s- tv► cal .3 / r- 10684 i J 20. �Ya � Q` � �-!;*1okWC40' 25. 27. 28. 2 30. 31. 32. 33. 2—� A}cJ J F44�— Z2g &M ,v. w. a.3Y N.w. 3s-v' xr. Z3G ,v. &a . 3s`m j;;- Z qY N • W . 3 S771'- Sr,` 2 YY 3s7* s; • �-Q J r r 3 nrW . at+a►` d�� t 87 N j 7 7�4,v 3 5-,57- 4�ur��. sjz3 MOWN WYNWOOD COMMUNITY ECONQMIC DEVELOPMENT CORP. 225 N.E. 34 STREET, SUITE 209 MIAMI. FLORIDA 33156 (305) 576.0440 April 28, 1989 City of Miami Planning and Zoning Board Miami, Florida 33128 RE: Wynwood Park Subdivision, Lots 6 through 9, Block 5: Application to Amend the Miami Comprehensive Neighborhood Plan and Application for Amendment to Zoning Atlas: Property owner: Edward J. Gerrits, Inc. Ladies and Gentlemen: The Wynwood Community Economic Development Agency is a not -for -profit organization, whose purpose is to improve the economic conditions in the Wynwood Area. Our Agency not only encourages new investment in Wynwood from the public sector and private sector, but also supports those businesses and taxpayers which have operated in Wynwood over the years. The Agency is familiar with Edward J. Gerrits, Inc., whose Headquarters is 3465 N.W. 2 Avenue and which has operated in Wynwood since 1948. Edward J. Gerrits, Inc. has been an active supporter of the Wynwood Area through employment base; contributions to the Agency and other civic groups; sponsorship of an after -school boxing program at Roberto Clemente Park; and other activities. Edward J. Gerrits, Inc. is a model which the Agency uses to attempt to at- tract new businesses to Wynwood. We understand that Edward J. Gerrits, Inc. has a need to expand its office building, having recently sold its of- fice/storage building to the City for the Park Expansion. The Wynwood Community Economic Development Agency urges the City to make a favorable disposition of the Edward J. Gerrits, Inc. application and to allow the property to be rezoned and permitted for commercial use. 106684 Z I Page 2 Garrets, Inc. Very tru y yours, William Rios Executive Director WR/nmv I.ass4 ZZ CONCERNED CITIZENS 3430 NORT11 MIAMI MIAMI, FLORIDA. City of Miami Planning and Zoning Boards 275 N. W. 2 Street, Miami, Florida. 33128 OF WYNWOOD. AVENUE. 33127 April 27, 1989 RE: Wynwood Park Subdivision, Lots 6, through 9. Block 5: Aplication to Amend the Miami Comprehensive Neighborhood Plan and Aplication for Amendent to Zoning Atlas: Property Owner: EDWARD J. GERRITS INC. Ladies and Gentlemen: The Concerned Citizens of Wynwood is an organization which represents both the commercial and residential interests of the Wynwood Community. We promote not only economic development within the area but also social, recreational and safety concerns for all of our citizens. Edward J. Gerrits Inc, is an active supporter of the Concerned Citizens of Wynwood. ' We consider Edward J. Gerrits, Inc. to be a responsible citizen of the neighborhood with a long and varied record of supported the after -school boxing program at Roberto Clemente Park; it sponsors extra -curricular activities at Buena Vista Elementary School; it supports the Wynwood Community Economic Development Agency and other activities.: We support Edward J. Gerrits Inc, application, to rezone and to amend the Comprehensive Neighborhood Plan for those four lots on N. W. 35 St., which are the site of a proposed office expansion for Cerrits. We believe that such an expansion would not only be good for Gerrits and the commercial activities along N. W. 2nd Avenue, but would also be an improvement to the residential neighborhood. Very truly yours, Con d Cit zen of Wynwood By( Fred 9anEiago. President. iOs84 ' 23 FLORIDA EAST COAST RAILWAY COMPANY 106E EAST 71tt STREET, HIALEAH. FLORIDA 3.1013 FEC t 0"VX OF THE VICE PRESIMa May 2, 1989 File: 366-59 MIAMI: Wynwood Park Subdivision, Lots 6 through 9, Block 5: Application to Amend the Miami Comprehensive Neighborhood Plan and Application for Amendment to Zoning Atlas: Property Owner: Edward J. Gerrits, Inc. City of Miami Planning and Zoning Board 275 N.W. 2 Street Miami, Florida Ladies and Gentlemen: Florida East Coast Railway Company owns a 55 acre parcel in the Wynwood area of Miami. We have been advised that the Edward J. Gerrits'Company, whose headquarters is at 3465 N.W. Second Avenue, Miami, Florida, has filed an application to rezone four lots owned by Gerrits and also to amend the City of Miami Comprehensive Neighborhood Plan. We have been advised that Gerrits has filed these two applications to permit Gerrits' expansion of its office/headquarters facility. As a neighbor in the Wynwood area, Florida East Coast Railway Company has no objection to the two applications of Edward J. Gerrits, Inc. Ver rul y s, R. J. ar eto Vice President RJB/d cc: Edward J. Gerrits, Inc. bnn B. Lewis, Esq.). ' 910684 24 We, the undersignedt are either owners or tenants in the Old San Juan Section of Wynwood park. We are not opposed to and support Edward J. Gerrits Inc.'s application to expand its building and to rezone Gerrits' property to allow this co=erci use: s 6. 7. 8. 9. 10. Address // T-T*"4 0,Atl- L W r ,,.rzsb a �4qC A"-/ A) CAJ SY�3 - /a 3 Ov - 3s , k- N6.nl- ci1- Lo�l) 51L3 V �1►c y 1.,,,',,,..� o � � � S� z 3 2- 1-3l2 ob zc� jo �I W h*�s+d rib. L 10684 ' 25 16 . jy�*t-C. r� L l�, 041 n-,V 17. 4 is. -<07140wew 19. '2Wto�OOA-� 20. 21. 22. or Fro MMLIW— �—� 24. 25. 26. �r✓�•vYwr" 27. 28. 29. 30. 31. 32. 33. L av I , MK 6 ") by � r� and �a,11c._ rf ;k 3 11,1 AJ�-- Z2,r Am N. W. 3ss7 Lo4 4� t�lo , w rL-sruj a6,I. ✓/�?- 3 s- 77s . rT 5 LG 1� 6 i• �-� J� I i. 4 , fN c1 Ne v�d �•w� �,Z 3 Z yN 3 S 7W- Sd- 2 YY N..J . 3s ;h' -Sr. GS ,z cQaa Vp1'j IS ig i �IIL. 1 t -.4 I "lti j13 Ny/ . 3G'd'1rit�.s''j rl nAA i-'wn /3o NLAJ 36 Sr �G a AJw 3 6 fl- • J IOG84 2Co R E CVtE_D I(23 OEC 26 P1 11: 3?. MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, 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 MIAMI ORDINANCE NO. 10684 X X X Inthe ......................................... Court, was published In said newspaper In the Issues of December 21, 1989 Affianl further says that the sold Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aftlantlbier says that she has neither paid nor promised any person r or corporation any discount, rebate, commission or rel d or the purpose of securing this advertisement for pu,tl in the sa!A newspaper. •. �Q S%4q to•and 4scribed before me this 23 d • Dece • et 89 .. =.(J� o ..+ .... r. , A.D. 19...... . ota Phbtjc,vi'late of FiFida at Large (SEAL) • • ... • c `�. My Comrlirep)od pxu0i�, 1991. MR 114A rr,ri1101 " ..cnry,60 MIAMI, 0i"b A All Intereeted pefbanb will'teke notldb'tNAt (tlS,thrl i+t1h 1dy'oi! Oecembar, M, the Clty ComrAlselon of Mlbnlb t=loddik adopted. the following titled otillhbnobb; "ORDINANCE ATING.FUNDS-FOR ITS:OPERATION'IWTHEAMOUNT`OF $750,000 FROM THE STATE OF FLORIDA, )90ARTMENt, OF, COMM ERCE;"Dlifi$i0N OF ECONOMIC VNELOPMENT, CONTAINING A REPEALER PROVISION :ANO SEVERABILITY CLAUSE. ORDINANCE N0. (11M TICULARLY DESCRIBED HEREIN), BY NATION OF THE SUBJECT PROPERI RUCTING THE .CITY CLERK TO, ORDINANCE TO THE AFFECTED A REPEALER PROVISION. SEVE EFFECTIVE DATE, _ _. ORDINANCE N0.10881 AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN MAP, OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. 1980.2000 FOR PROPERTY LOCATED AT APPROXIMATELY 8334899 NORTHWEST 4TH STREET, 430 AND 490 NORTHWEST SOUTH RIVER DRIVE, AND 401.449 NORTHWEST 9TH AVENUE,' BY CHANGING THE DESIGNATION OF ,r,v a..,-,-r11m.,.,, me V_ u6,•v,, I f,GQIYGI•,i/,Y TO MULTIFAMILY HIGH DENSITY RESIDENTIAL; MAKING FIND, INGS; AND PROVIDING AN EFFECTIVE. DATE. ORDINANCE NO. 10882 . AN ORDINANCEAMENDING THE ZONING' ATLAS OF ORDI-' NANCE NO: 95W, THE ZONING ORDINANCE OF.THE CITY:OF'. MIAMI, FLORIDA BY:CHANGING THE ZONING CLASSIFICATION OF 401.449 NORTHWEST 9TH; AVENUE, SM99-NORTHWEST. 4TH STREET'AND APPROXIMATELY 430 AND 490NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM RG•2/6 GENERAL RESIDENTIAL.'` TO RG3f5 GENERAL RESIDENTIAL; BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.35 OF SAID ZONING ATLAS MADE A PART.,OF ORDINANCENO..: `. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SEC- TION 300, THEREOF; CONTAINING A REPEALER' PROVISION AND A SEVERABILITY CLAUSE.. ORDINANCE NO.10683 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF . ORDINANCE NO. 10544, AS AMENDED. THE, MIAMI COMPRE•• HENSIVE NEIGHBORHOOD' PLAN 1989.20M.- FOR PROPERTY LOCATED AT APPROXIMATELY 148.170 NW: 35TH`STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);:". BY CHANGING THE DESIGNATION OF THE SUBJECT. PROP• ERTY FROM MULTIFAMILY MEDIUM DENSITY` RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING' THE' CITY CLERK TO TRANSMIT THIS ORDINANCE` TO THE' ' FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND`PRO VIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. ORDINANCE NO.10684 AN ORDINANCE AMENDING THE- ZONING' ATLAS OF`ORDI NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 145.170 NORTHWEST 35TH STREET, MIAMI; FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG•2/5 GENERAL RESIDENTIAL TO CG•1/7 GENERAL COMMER- CIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NEC•' ESSARY CHANGES ON PAGE NO. 21 OF SAID ZONING ATLAS' MADE A PART OF ORDINANCE NO. WC10 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10685 AN ORDINANCE WITH ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO 10544, AS AMENDED,' THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN" 1989.2000, FOR PROPERTY LOCATED AT APPROXIMATELY 3490 AND 3500 MAIN HIGHWAY, MIAMI, FLORIDA (MORE PARTICU- LARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION _OF,THE SUBJECT PROPERTY. FROM RESTRICTED,COMMER-, CiAL AND SINGLE-FAMILY RESIDENTIAL TO MAJOR' PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES; MAKING FIND INGS; INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. ORDINANCE NO.10888 ' AN ORDINANCE AMENDING THE ZONING ATLAS'OF„ORDI- NANCE NO.95W, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF 3490 AND 3500 MAIN HIGHWAY, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM SPI.2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND RS-2/2 ONE FAMILY DETACHED RESIDENTIAL TO GU GOVERN- MENT USE BY MAKING FINDINGS; AND BY MAKING'ALLTHE NECESSARY CHANGES ON PAGE NO. 48 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500.SY REFER ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THERE- OF; CONTAINING A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. Said ordinances may be Inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 am. and 5:00 p.m.. F :, (8235) b MATTY HIRAI •• CITY CLERK MIAMI, F40RIDA 12121 89-4-122123M