HomeMy WebLinkAboutO-10622J-89-575
6/13/89
ORDINANCE NO. 1062Z,
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 4220-40 NORTHWEST 14 STREET,
MIAMI, FLORIDA, AND 4253-55 NORTHWEST 12
STREET DRIVE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM RG-1/3
GENERAL RESIDENTIAL ONE AND TWO FAMILY TO CG-
1/7 GENERAL COMMERCIAL BY MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 27 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 May 15,
1989, Item No. 4, following an advertised hearing, adopted
Resolution No. ZB 55-89, by a 9 to 0 vote (9-0), RECOMMENDING
DENIAL of a zoning classification, as hereinafter set forth; and
WHEREAS, the City of Miami Comprehensive Neighborhood Plan,
adopted February 9, 1989, designates the subject property as
"Restricted Commercial" and consequently there is no need for a
Comprehensive Plan Amendment; 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,
notwithstanding the Zoning Board's recommendation of denial, 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, as amended, is
hereby amended by changing the zoning classification of
approximately 4220-40 Northwest 14 Street, Miami, Florida, and
4253-55 Northwest 12 Street Drive, Miami, Florida, more
101 2Z
particularly described as Lot 21 the East 1/2 of Lot 31 and Lot
12, Block 1, LEJEUNE GARDEN ESTATES SEC 2, as recorded in Plat
Book 94, at Page 1, of the Public Records of Dade County,
Florida, from RG-1/3 General Residential One and Two Family 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. 27 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.
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.
Section 6. This Ordinance shall become effective 30 days
after final reading and adoption hereof, pursuant to law.
PASSED ON FIRST READING BY TITLE ONLY this 22nd day of
June
. 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of July , 1989.
*�HIRAII-!��
City Clerk
PREPARED AND APPROVED BY:
R AEL E. SUAREZ-10AVAS
As istant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JURGE L. FER NDEZ
City Attorn
RSR:yv:M4
K GP.c�tiW.i
XAVIER L. SU
Z , Mayor
iii
3
1LOG22
Y
Return to: (enclose sell -addressed stamped envelope)
Address:
q
Y
s
POWtN OF ATTONNEY
• IRAMCO FORM 40
Thls Instrument Prepared by:
Addiew
Submi�lled iMo line Put:'"'
record in C011TICICl3.01). vv Lul
l�.+icxtty �:l:�rui
city Clerk
-- SPACE ABOVE THIS LINE FOR PROCESSING DATA Y SPACE ABOVE THIS LINE FOR RECORDING DATA
Power of Attorney
pnuty All Men PU Ellese Presents:
That CHARMS TRAFICANT
has made, constiluled and appointed, and by these presents do es make, eonstitute and ap-
point DEBORAH J. TRAFICANT true and
lawful attorney for him and in his name, pace and stead
TO CHADTGE THE ZONING OF APPROXIMATELY 4220-40 N.W. 14 STREET
and APPROXIMATELY 4253-55 N.W. 12 STREET DRIVE.
LOTS 2, 12 and E 1/2 of LOT 3 BLOCK 1
LFJUNE GARDEN ESTATES SEC 2 (44-1) P.R.D.C.
giving and granting unto DEBORAH J. TRAFICANT said attorney full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to
be done in and about the premises as fully, to all intents and purposes, as he might or could do
if personally present, with full power of substitution and revocation, hereby ratifying and confirm-
ing all that DEBORAH J. TRAFICANT
said attorney or
his substitute shall lawfully do or cause to be done by virtue hereof.
]n Mass Ilhtraf, have hereunto set hand and
seal the 16th day of JUNE , in the year one thousand nine
hundred and EIGHTY NINE
Sealed and delivered in the presence of
................... ..................................
........ .............. I......
Mate of
County of j
Pr )t mown, That on the 16t-h
............. . . ........... .. 4, V(L. S.)
day of JUKE
thousand nine hundred and EIGHTY NINE , before me,
a NOTARY in and for the Slate of FLORIDA
duly commissioned and sworn, dwelling in the
personally came and appeared CHARLES TRAFICANT
one
to me personally
known, and known to me to be the same person described in and who executed the within power
g p / y his
o/ attorney, and he acknowledged the within over o attorney b be act
and deed.
In 3estimony'Uhtrroft I have hereunto subscribed my name and affixed my real' of ofj`ice
the day and year last above ►critter,
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EY.P JULY 26,1991 q ('�L�A
BONDED THRU GENERAL INS. UND, AL\ V i6.�
ZONING FACT SHEET
LOCATION/LEGAL Approximately 4220-40 NW 14 Street
and Approximately 4253-55 NW 12 St. Dr.
Lots 2, 12 and E 1/2 of lot 3
Block 1
LEJEUNE GARDEN ESTATES SEC 2 (44-1) P.R.D.C.
APPLICANT/OWNER Charles Traf icant
3400 Burris Road
Ft. Lauderdale, FL Phone #945-3242
ZONING RG-1/3 General Residential (One and Two Family)
REQUEST Change of Zoning as listed in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami from RG-1/3 General Residential (One and
Two Family) to CG-1/7 General Commercial.
ANALYSIS
YES NO N/A
X The proposed change is in harmony with the
adopted Miami 1989 Comprehensive Neighborhood
Plan, and does not require a plan amendment.
X The proposed change is in harmony with the
established land use pattern.
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.
:{ The proposed uiiange does not waterially 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 logically drawn
in relation to existing conditions on the
property proposed for change.
+AOG22 N
z
YES NO N/A
X There are changes or changing conditions that
make the passage of the proposed change
necessary.
X The proposed change does not adversely influence
living conditionsin 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.
X There are substantial reasons why the property
cannot be used in accord with existing,zoning.
X It is possible to find other adequate sites in
the City for the proposed use in districts
already permitting such use.
RECOMMENDATIONS
PLANNING DEPARTMENT
PUBLIC WORKS
DADE COUNTY TRAFFIC
AND TRANSPORTATION
APPROVAL. The Miami Comprehensive Neighborhood
Plan adopted on 2/9/39 designates t".e subject
property as Restricted Commercial therefore,'
there is no need for plan amendment. The
proposed change as requested furthers the
purposes and objectives of the Miami
Comprehensive Plan.
No comment.
No comments.
10624 2..
ZONING BOARD At its meeting of May 15, 1989, the Zoning Board
adopted Resolution ZB 55-89, by a 9 to 0 vote,
recommending -approval of the above to the City
Commission,
One proponent was present at the meeting.
CITY COMMISSION At its meeting of June 22, 1989, the City Commission
passed the above on First Reading.
Zoninw Board Keeting 4/15/68
RMURST
Planning @epartnant
.Wing Ord
atx io
:,Quint � 7;smt
a_ -
M—
HISTORY
Change of Zoning for lots 2 and 142, block 1,
frog R 2 (Two-Faailq) to -4 (rieneral
Com rc.ial), under ordinance 6871.
Denial.
Denied. Res. 68-111.
C id tbe decision of .the Z Uing Board 5 / 9 / .
Its. -9
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F
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83-
I9 Charles Traficant hereby apply to the City Commis-
sion of t e City of Miami or on amendment tote oning Atlas of the City of Miami as
more particularly described herein and, in support of that request, furnish the following
information:
_ I. Address of property 4220 & 4240 W 14St and 4253 & 4255 1114 120.t Drive
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 8-83 and attach to
application.)
S. At least two photographs that show the entire property (land and Improvements).
6. Atlas sheets) on which property appears Twenty Seven (27)
�- 7. Present Zoning Designation RG-1/ 3
8. Proposed Zoning Designation Co-1/7
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)
I I. Other (Specify)
s
�12. Filing Fee of $ according to following schedule:
(a) To: RS- I, RS- I . I, RS-2,
RG-I, PD-H, PD-HC,
W To: RG-2, RG-2.1,
RG-2.3, RO-i,
RO-2.1
W To: RG-2.2, RG-3,
R0;3
0.00per sq.ft. of net lot area, minimum
3613.00
$0.10 per sq.ft. of net lot area, minimum
000.00
0.112 per sq.ft. of net lot area, minimum
450.00
(d) To: CR-I, CR-29 $0.I4per sq.ft. of net lot area, minimum
CR-39 0-1, CG-1, 'b's 1 SsiOrriQrS
CG2, WF-It WF-R,
I-191-2; SPI-1,2,5,7,
899911912
(e) To: CBD-19 SPI-6 165100
0.16 per sq.ft. of net lot area, minimum
(f) For any change in a sector number only, for a particular district classifica-
tian, the fee shall be the some as for a change in its district classification, as
shown in (b) through (e) above.
(9) Surcharge equal 'to applicable fee from (a)-(c) above, not to exceed $500.00;
to be refunded if there is no appeal. (City Code - Section 62-61)
Signature
Name chart es TraFi_rant
Address 3400 Burris Road
Phone 945•-3242
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
Charles Iraficant being duly swom, deposes and
says t at a is the(Owner) uthoriaed Agent for 0caner o the real property described in
answer to question # I, above; that he has read the foregoing answers and that the same are
true and complete; and (if acting as agent for owner) that he has authority to execute this
petition on behalf of the owner.
r����' � (SEAL)
SWORN TO AND SUBSCRIBED
before me this day
of , % ZL� 8®,r
.
Rotary Public,, tatt oFlorida at L.arye
MY COMMISSION EXPIRES:
NOTARY F118LIC STATE OF FLORIDA
MY COMMISSION E0 JULY 26.1991
BONDED THRU GENERAL INS. L'MD.
Form 25-83.(.�Ea` `�
AFFIDAVIT 1;;.R13:25
STATE OF FLMDA )
SS.
COUNTY OF DADE )
Wore me, the undersigned authority, this day personally
appwx,ed Charles Traficant who being by ire first duly sworn,
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
Omer, submitting the accanpanying applicatum for a public hearing as
Muir d by OrdisLsnce No. 9500 of the Code of the City of Mdami, FI wWa,
e.t'Tectiq the real property located ixi the City of ML-= as dlescr"-tedd arA
ustexi Avi t1he 11S.—s'S at a' .ed, z: v:as GlLiza"it ma =:a a paz v :ier:y,,�,1
S �—' _ h �"
y�+ � ������ y . t ':�:'t$•��a..i �:t 1i+1�'. w :L ^�3�"�'�...�.a*'"-�,��wa--��r�=►'-���%f .y^.
`III Yfl/.l-a ti.\ .a+l��i. \.. 1 W ~ S= r�o Lr.Gr� ..r — i `+ 'C-x-
\, •ii�. a:..►wv w .. �,.4 'vt' `�..:, .� T ...� " w T' y as i
w�.a. `mow
'' ,a r .i�.�i.'L� �...�w tea'~.•.��� �.r.� � � + � � � �
=.M. ;x ..� le "` My-
•r.---••ems-
,,;
.atf"'
OWNER'S LIST
Owner's Name r
ba I_es Trafscant
Nailing Address 3400 Burris Road, Ft. Lauderdale, Y1 33314
Telephone Number_A305) 045-3242
Legal Description:
Lot 2, and the East 1/2 of Lot 3, and Lot 12, Block 1,
LE JEL'NE GARDEN ESTATES -SECTION 2, according to the plat
thereof as recorded in Plat Boor 44, at page 1, of the
Public records of 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 listed as follows:
Street Address Legal Description
NONE
Street Address
Street Address
Legal Description
Legal Description
_q rWC)#_-I
'88 ?N 13 P 4 :25
DISCIDSUFE OF CJ *WSHIP
1. Legal description and street address of subject real property:
Lot 2, and the East Z/2 o£ Lot 3, and Lot 12, Block 1, LE JEZNE
�,A DEN ESTATES -SECTION 2, according to the plat thereof as recorded
in 'Plat Book 44, at Page 1, of the Public records of Dade County,
Florida.
2. Owner(s) of subject real property and percentage, of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
Weaving 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
cot rations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Charles Traficant 1001to ownership.
3400 Burris Road
Ft, Lauderdale, 7L
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.
a
GV�IER OR AZTOWEY OWNEP.
Charles Traficant CT
STATE OF FUMMA ) SS
COU'Llay OF DADE )
Charles Traficant , being duly sworn, deposes and
says that ne is the (owner) (Attorney or Owner) of the real property
described in answer to question #10 above; that he has read the foregoing
answers and that the same are true and ccnplete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
foam on behalf of the owner.
(SEAL).
(Name
SwW 10 AND SUSSC=v-n
before me tnis w
day of ILL4.193 q .
NOTARY PUBLIC STATE Of FLORIDA i
MY COMMISSION EXF JU'LY 26,1991 I tart' PW.LLC, ate Or
BONDED THRU GENERAL INS. CND. Florida at Lart3 IL062;?,
W CO:WiISSI^4 EUIRES: I
a
Net" to: (endow self-addressed stamped ovoope)
We
This MatromeM Prepared b r:
1AY 16 N12 :39
PAM W" no Late FOR MOQEaiNla DATA II PAN AIM TMa Use PDn na00n W DATA
Pon of Aftomy
That mmum TRF►FICw
ha s made. constituted and appointed. and by these presents does make, constitute and- ap-
point ROBERT L. GUN ER true and
lawful attorney for him and In his name. place and stead
M CHANGE THE ZONING CF Y 4220-40 N.W. 14 STF2EET
and APPROXIMA= 4253-55 N.W. 12 STREET DRIVE.
IMS 2, 12 and E 1/2 of IM 3 Bl= 1
TF EUNE GARDEN E.S'TAMS SBC 2 (44-1) P.R.D.C.
giving and granting unto ROBERT L. GUN!TER said attorney full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to
be done in and about the premises as fully. to all intents and purposes. as he might or could do
If personally present. with full power of substitution and revocation. hereby ratifying and confirm-
ing all that ROBERT L. GUN ER said attorney or
his substitute shall lawfully do or cause to be done by virtue hereof.
ht ult," CtOf, have hereunto set hand and
seal the 12th day of F , in the year one thousand nine
hundred and EIMi'I,'Y NINE.
Sealed a d delivered n the presence of
e��"
. _._ ... _.._......_.. ..r ........._......_....__..... ................... ...... (L. S.)
JW of
County of
It it YMU0 t, That on the 12th day of FEBFxARr one
thousand nine hundred and EIGHTY NINE .. before me.
a NOTARY in and for the State of FMRIDA
duly commissioned and sworn; dwelling in the
personally came and appeared CHARDS TRAFICANT to me personally
known, and known to me to be the same person described in and who esecuted.lollz"
pe
of attorney. and he acknowledged the within power of attorney to G..' .�A o
and deed. ,�: •
10 Testimony ,iDkftOfj, 1 have hereunto subscribed my name and aJ/ • w�
the day and year last above written �.� •' ��
......_...ems
11 hOTAMY PNBLI STA1E OF FLOAitTAp` a ht fill
�++cc MY CONNISSI EXP JULT 2e.1991.: ,•�;� �''� I.'
ansncn iman OFNFYAL INS. UNr3.