HomeMy WebLinkAboutO-10447J-88-282
3/29/88
ORDINANCE NO. 044?
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
829-833 SOUTHWEST 29TH AVENUE, AND
APPROXIMATELY 829 SOUTHWEST 28TH AVENUE,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO
CR-3/7 BY MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 40 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 March 7,
1988, Item No. 1, following an advertised hearing, adopted
Resolution No. ZB 22-88, by a seven to zero (7-0) 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 829-833
Southwest 29th Avenue, and approximately 829 Southwest 28th
Avenue, Miami, Florida, more particularly described as Lots 4 and
5, Block 3, CITRUS PARK, as recorded in Plat Book 6 at Page 45
and the south 110 feet of Lot 4, MAYWOOD SUB, as recorded in Plat
Book 3 at Page 45 of the Public Records of Dade County, Florida,
from RG-2/5 General Residential to CR-3/7 Commercial -Residential
(General).
10447
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. 40 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.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
April , 1988.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 23rd day of June , 1988.
ATTE
lam•'`"
-RATTY HIRAI XAVIER L. SUAREZ, Mayor
City Clerk
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOU,
City Attorne
GMM/rcl/M 30 3
I, Ratty Hirai, Clerk of the City of Miami. Flo •id ,
hereby r_ertify flint on the-26 day of
t%. D. 19_42�a full. true :111d :!Orr ct copy, of t1w aibove
,-jid `�,rcgohig ortlimince wa'i pvstecl ',It tha South Dom -
a 0i" Datln :;ount�, C.>urt 11-,usc ,a the pl!i: pi-f) itlecl
:or iwtiecs and pul)H rations by uttachi.lt; s.+itl cop;' to
thL place provided t'rieref.ir.
Wt'1''vE;;S rm, haml and th fficial scal of sa'
City thisIk day' of, " 0,A0.1 oe —A. D. lt)
,Ry Clerk
- 3- -t ri..&.
MEN
ZONING FACT SHEET
LOCATION/LEGAL 829-833 SW 29 Avenue and
Approximately 829 SW 28 Avenue
Lots 4 and 5
Block 3
CITRUS PARK (6-45) P.R.O.C.
-and-
the S 110' of Lot 4
MAYWOOD SUB (3-69) P.R.D.C.
APPLICANT/OWNER Lamar, Inc.
c/o Loida Alfonso, President/Director
4402 nw 2nd Strept _.
Miami, FL Phone #643-6057
ZONING
Simon Ferro, Esq. (Attorney for Owner)
999 Ponce de Leon Blvd.
Suite 1150
Coral Gables, FL 33134 Phone # 444-1500
RG-2/5 General Residential
REQUEST Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 950.0, as
amended, the Zoning Ordinance of the City of
Miami • to CR-3/7 Commercial -Residential
(General).
RECOMMENDATIONS
4 PLANNING DEPARTMENT APPROVAL. The proposed change would not be in
conformity with the Miami Comprehensive
Neighborhood Plan and would require a plan
amendment. The application includes a parcel.
approximately 55 feet wide by 100 feet long
which is part of Lot 4, Maywood Subdivision and
which was left out at the time of the original
request for the Zoning Board Meeting of
12/21/87. The Planning Department position
then, was to advise the applicant that if the
request for change were to include the
laforementioned parcel, the Planning Department
would reconsider its position. The Planning
i Department at this time recommends that the
zoning change request be granted. The proposed
j change is not contrary to the established land
use pattern. The proposed change would not
create an isolated district unrelated to
i adjacent and nearby districts.
PUBLIC WORKS
DADE COUNTY PUBLIC
WORKS
ZONING BOARD
CITY COMMISSION
The change suggested is not out of scale with
the needs of the neighborhood or the City.
Existing boundaries are illogically drawn in
relation to existing conditions on the property
proposed for change. Changing conditions in the
area make the passage of the proposed use
necessary. The proposed change would not
adversely influence living conditions in the
neighborhood.
No comments.
No comments.
At its meeting of December 21, 1987, the Zoning
Board deferred the above at the request of the
applicant.
At its meeting of March 7, 1988, the Zoning
Board adopted Resolution 88-22, by a vote of
7 to 0, recommending approval of the above.
At its meeting of April 28, 1988, the City
Commission passed the above on First Reading.
At its meeting of May 19, 1988, the City
Commission continued the above to its meeting
of June 23, 1988.
10447 1
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i X
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83-
11 SIhiON FERRO I :17TOPuNE-Y FOR OI NER , hereby apply to the City Commis-
sion of the city of Miami for an amendment to the Zoning Atlas of the City of Miami as
more particularly described herein and, in support of that request, furnish the following
information:
1. Address of property
Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
2.
ammmd 829 S.W. 28th Ave., tliarii, Florida
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.)
5.' At least two photographs that show the entire property (land and improvements).
6. Atlos,sheet(s) on which property appears 401
7. Preient Zoning Designation RG-215 r'-
8. Proposed Zoning Designation CR-3/7
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) "•' '
II. Other (Specify)
12. Filing Fee of $ according to following schedule:
(a) To: RS-1, RS-1.1, RS-2,
RG-I, PD-H, PD-HC,
(b) To: RG-2, RG-2.1,
RG-2.3, RO- I ,
RO-2.1
(c) To: RG-2.2, RG-3,
R0.3
0.04 per sq.ft. of net lot area, minimum
300.00
$0.06 per sq.ft. of net lot area, minimum
$ 350.00
$0.08 per sq.ft. of net lot area, minimum
$400.00
10447
(d) To:. CR-I, CR-2, V00.00
.10 per sq.ft. of net lot area, minimum
CR-3, 0-1, CG- I ,
CG-29 WF-11 WF-R,
I-1, 1-2; SPI-I,2,5jj
8,9,1I,12
(e) To: CBD-I, SPI-b M0.00
12 per sq.ft. of net lot area, minimum
(f) For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the some as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal -to applicable fee from (a)-(c) above, of to exex eeZl.$500.00;
to be refunded if there is no appeal. (City Code Section 62-61)
Signature
Name SB,10N FERRO, ATTCIRNEY FOR OWNER
Address 999 Ponce de Leon Blvd. Suite 1150
Phone 305-444-1500
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
SE40N FERRO, ATTORNEY FOR OI NER , being duly sworn, deposes and
says that he is the 1 Authorized Agent for Owner of the real property described in
answer to question #1, above; that he has read the foregoing answers-and-thtt-the same are
true and complete; and (if acting as agent for owner) that he has authority to e� cute this
petition on behalf of the owner. /
(SEAL)
"--'�� OWNERSU•ION/FERRO, ,\TT01-MEY FOP.
SWORN TO AND SUBSCRIBED
before me this -i ;.'�'') day %
of 1, 198
Notary Public, State of Florida at L,zrge `
MY COMMISSION EXPIRES:
NOTARY PUBLIC STATE OF FLORIDA
NP COMMISSION EXP. MAY 30,1988
Form 25-83 /
11
CARLOS ABBOTT & FERRO, P.A.
ATTORNEYS AT LAW
ELIOT C. ABBOTT
THOMAS P. CARLOS
SIMON FERRO
.OHN T. PRAHL
ADAM S. ZIPPER
City of Miami
Planning Department
Miami, Florida
January 26, 1988
LETTER OF INTENT
SUITE 1150
999 PONCE DE LEON BOULEVARD
CORAL GABLES, FLORIDA 33134
(305) 444-1500
TELECOPIER! (305) 443-6617
RE: Application by Lamar, Inc. for zoning change from RG-2/5
and CR-3/7 to RG-2/5
TO WHOM IT MAY CONCERN:
I) STATEMENT EXPLAINING WHY PRESENT ZONING DESIGNATION IS
INAPPROPRIATE:
The present zoning designation is inappropriate in view
of the existing adjacent commercial uses and designa-
tions. The City of Miami Zoning Atlas reflects that the
subject properties are impacted by commercially zoned and
used properties to the north, east and west. The proper-
ties to the south are developed with apartment buildings
of a rental nature.
II) STATEMENT AS TO WHY PROPOSED ZONING DESIGNATION IS
APPROPRIATE:
The proposed zoning designation is appropriate as it will
cre-ate a uniform commercial boundary line for the block
extending from S.W. 27th Avenue to S.W. 29th Avenue.
Presently, these properties are excluded from commercial
designation by a jut which makes no practical sense.
Good zoning principles should dictate that the subject
properties be included within the commercially designated
development line,
Based on the above justifications, ;applicant respectfully
requests a favorable recommendation,
Yours truly,
CARLOS 'ABBOTT & FERRO, P . A .
1,
5im0rr�F rroi
SF/as
LOI2.ST4
-1 me . ---
AFFIDAVIT
STATE OF FLORIDA)
SS.
COUNTY OF DARE )
Before me, the undersigned authority, this day personally
appeared SIMON FERRO, ESQUIRE , 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 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 modification of a classification or regulation of zoning as set out in
the accompanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, phone numbers and
legal descriptions for the -real property which he is the owner or legal
representative.
4. The facts -as represented in the application and documents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
�^ . ( SEAL )
(Name)
S R ION FERP.O
Sworn to and Subscribed before me
this. (- � day of `' 19 .
Notary Public, State of Florida at Large
My Cc=, cession Expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. MAY 30,1988
i
10447 p
.6
OWNER'S LIST
Owner's Name LAW,, 1*,C• Loida Alfonso-President/Director
Mailing Address 4402 N.11,*. 2.ad Street , Miami, Florida
Telephone Number 643-6057
Legal Description: The N J3' of S 110' of Lot 4 r
MAYWOOD, as recorded.'.n at
Book 3, at Page 69, 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
�,� l^ S i.`,•' ? �j-' - f� `�,..-- T1ie N . 151 ' o f Lot 4 l !P C C the .Li in,
thereof ',AAYIIJMD a c rarnrdej JA DI -at
��--
Street Address
Street Address
Book 3, at Palo 6Q! of to ,P,fln1 jr-
Records of Dade County.
Legal Description
legal Description
10447 17
DISCILSUF.E OF CWIMSHIP
1. Legal description and street address of subject real property:
The N 55' of S 110' of Lot 4
of NIAYIVOOD, Plat Book 5, at.. Page 69, of
the Public Records of Dade County, Florida. .
2. Owner(s) of sui,jtct real pro6--7 and' percentage of ownership.
",Tote: City of Miami Ordinance No. 9419 requires disclosure of all parties
having 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.
LAMAR, INC . —
LOIDA ALFONSO, President/Director 1000 interest
4402 N.W. 2nd Street
Miami, Florida
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
315 feet of the subject real property.
The N. 151' of Lot 4, less the N.20' of MAYI1001), Plat Book 3,
at, Page 69, of the Public Records of,.Dade County, Florida
OWNER' 6R rIq Q4vivEF,
STATE OF FLORIDA j SS:
COUI.CY OF DADE )
SIMON FERRO, ESQUIRE , being duly sworn, deposes and
says that tie is the (cr) (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
form on behalf of the owner.
(SEAL)
(Harm)
S11111ON FE",P.O,
SWOF N M AIM SUBSCRIBED
before me this
day of c c.t t..., 19S .
f
MY CO*W4ISSION EXPIRES:
NOTARY PUBLIC STATE Of FLORIDA
NY CORRISSION EXP. MAY'30,I911
rt�` ' .fit � %7'Z• <� 'T? �•iz
'-Rctary Public, State of >�'t
Florida at Large
IL0447
,._....
/0-
r• ,
STATE OF FMRIDA ) SS:
�- Cane OF DADE )
SIMON FERRO, ESQUIRE being duly sworn a and
says that he is the duly appointee rrop"777 of ,
the owner of the real property descrioed in answer to question , aDove;
that he has read the foregoing answers; that the same are true and com-
plete; and that he has the authority to execute -this Disclosure of Owner-
ship form on behalf of the owner.
• X (SEAL)
SWOW TO AM SUESCF.IBF,D
before me this
day of
Jotary Punlic, State or
Florida at Large •
MY CC MAHISSIM' L'YPIRES:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMSSSION EXP. MAY 30,1288
I GIM/upc/ab/025
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
Sookie 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
Re: Ordinance No. 10447
In the .........X.. X.. X ....................... Court,
was published in said newspaper in the Issues of
June 29, 1988
Alfiant further says that the said 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 mall matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first cation of the attached copy of advertisement; and
alllant 1 th says that she has neither paid nor promised any
person fir orMcc o p fp)IRq j any discount, rebate, commission
publlf Id
Iff�I sa' �t(B'r; ring this advertisement for
qP
e
_ 9>600to and'stpEribed before me this
2.9.. d?of .. ;\G P .S ... , A.D. 19.. 8.
✓� e Janet Sanchez
F4 0 (Vd('P1i1c, State of Flori a at Large
(SEAL) filtt►t��
My Commission expires June 21, 1991.
MR 114A