HomeMy WebLinkAboutO-10171J-86-109
.10/23/86
ORDINANCE t 1 0 17 1
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO, 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORID4, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 3591
S.W. 22ND TERRACE, MIAMI, FLORIDA, (MORE
PARTICULARLY DFSCRIBF=D HEREIN) PROM RG-1/3
GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO
CR-3/7 COMMERCIAL -RESIDENTIAL (GENERAL) BY
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
N0. 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
July 7, 1986, Item No. 4, following an advertised hearing,
adopted Resolution No. ZB 76-86, by a 5 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 Zoninq Atlas of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby
amended, except as provided in Section 2 below, by changing the
zoning classification of approximately 3591 S.W. 22nd Terrace,
Miami, Florida, more particularly described as Lot 17 less the
South 10 feet and less the West 10 feet for right-of-way and Lot
18 less the South 10 feet for right-of-way, Block 5, MIAMI
SUBURBAN ACRES AMENDED, as recorded in Plat Book 4 at Page 73 of
the Public Records of Dade County, Florida, from RG-1/3 General
Residential (One and Two -Family) to CR-3/7 Commercial -Residential
(General).
,Section 2, The Southerly 1 foot of both lots North of
the 10 feet right-of-way shall not be redesignated by this.
ordinance. Thusi said nortiOnq shall, retain them` Present RG-t/
(ItNERAL R88I08NTtAb classification until specifically rezoned
otherwise by subsequent City Commission actilln.
:section 3. It i.s 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 lend 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 chanced or chanainq conditions;
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or extensively 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 he 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 4. Page No. 42 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.
- 2 -R
1 0171
0
Section 5, All. ordinances, code sections, all parts thereoF
in conflict herewith are hereby repealed insofar as they are in
conflict.
Section 6. Should any part or provision of this Ordinance
he
declare?3 by
a court of
competent jurisdiction
to he invalid,
the
same shall
not affect
the validity of.- the
ordinance as a
whole.
PASSED ON FIRST READING BY TITLE ONLY this 25th day of
September , 1986.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TILE ONLY
this 23rd day of October , 1986.
AVIER L. t-CAayor
ATTEST:
MATTY HIRAI
City Clerk
PREPARE AND APPROVED BY:
IRIAM MAER
istant City Attorney
1;
APPROVED TO FORM AND CORRECTNESS:
r+
LPCIA LA. DOUGHERT�
City Attorney
GMM/wpc/cm-s/M063
"•1 •tt.- Ifirai, Clerk of the gh, of Miami. Flor a,
',; e�rtify tltnt att ilte �e__ _day of �w �--'
t'•) 9-_a full. true -nnd n"wt coiw of the nbove
re ioing ordinanec• w:►-, postW :►t d S :uth Door
i',. ;Oe County Ca)urt 11•,use ut th,,t►'a •c: prnr ded
a :; •t•. s and pubUc:ations by attaching s::iil eol)y to
t '�►4 ; my hay tad the officiul *e;tl of
ty Mark
W
11-N
10
CITY OP MlAMI, FLORIDA P Z
INFER -OFFICE MEMORANDUM
,j The Honorable Mayor and Members BATE September 15, 1986
of the City Commission
SU9:lECT ORDINANCE - RECOMMEND APPROVAL
CHANGE OF ZONING
APPROX 3591 SW 22 TERR
ppOM Cesar H. Odio REFERENCES
City Manager COMMISSION AGENDA - SEPTEMBER 25, 1986
ENCLOSURE$LANNING AND ZONING ITEMS
It is recommended by the Zoning Board that the
Change of Zoning Classification in the Official
Zoning Atlas of Ordinance 9500, as amended, the
Zoning Ordinance of the City of Miami from RG-1/3
General Residential (One- and Two -Family) to CR-
3/7 Commercial -Residential (General) for the
property located at approximately 3591 SW 22
Terrace be approved.
The Zoning Board, at its meeting of July 7, 1986, Item 4, following an
advertised hearing, adopted Resolution ZB 76-86 by a 5 to 0 vote, recommending
approval of the Change of Zonin5 Classification in the Official Zoning At as
of Ordi5ance 9500, as amended, the Zoning Ordinance of the City of Miami from
RG-1/3 General Residential (One- and Two -Family) to CR-3/7 Commercia -
Resid,ntial (General) for the property located at approximately 3591 SW 22
Terrace, also described as Lot 17 less the South 10' and less the West 0 or
right-of-way and Lot 18 less the. South 10' for right-of-way, Block 5, MIAMI
SUBURBAN ACRES AMENDED (4-73) P.R.D.C.
Three objections received in the mail. Five replies in favor received in the
mail; four proponents present at the meeting.
Backup information is included for your review.
An ORDINANCE to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration by the City Commission.
AEPL:111
cc: Law Department
NOTE: Planning Department recommends: DENIAL
20NING FACT SHEET
LOCATION/LE GAL
Approximately 3591 SW 22 Terrace
Lot 17 less the S10' and less the
W10' for right-of,way
and
Lot 18 less the S10' for right-of-way
Block 5
MIAMI SUBURBAN ACRES AMD. (4-73) P.R.O.C.
APPLICANT/OWNER
Kaufman and Roberts
7445 NW 12th Street
Miami, FL 33176 Phone # 592-8500
Arthur L. Berger (Attorney. for Applicant)
Broad and Cassel
One Biscayne Tower, Suite 3333
Miami, FL 33131 Phone # 371-9100
ZONING
RG-1/3 General Residential (One and Two -Family)
REQUEST
Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami to CR-3/7 Commercial -Residential
(General).
RECOMMENDATIONS
PLANNING DEPARTMENT
DENIAL. The proposed change would be in
conflict with the adopted Miami Comprehensive
Neighborhood Plan, and would require substantial
modification of the plan including referral to
the Florida State Department of Community
Affairs in Tallahassee. The proposed change
will deviate from the established land use
pattern. The change suggested is out of scale
with the needs of the neighborhood and City.
There have been no changing conditions in the
area that make the passage of the proposed
change necessary.
017
The proposed change will adversely influence
living conditions in the neighborhood. The
proposed change will constitute a grant of
special privilege to an individual owner as
contrasted with protection of the public
welfare. There are no substantial reasons why
the property cannot be used in accord with
existing zoning for a special exception for off
site parking facility. There is ample
commercial zoning and areas for commercial
development within the community without
additional rezoning as requested herein.
PUBLIC WORKS The existing sanitary sewers and the street
system were not engineered to support the type
of development that can occur if this property
is rezoned to CR-3/7.
DADE COUNTY TRAFFIC
& TRANSPORTATION Recommended dedication of 25' radius return at
Coral Way and SW 36 Avenue.
ZONING BOARD At its meeting of July 7, 1986, the Zoning
Board adopted Resolution ZB 76-86 by a 5 to 0
vote, recommending approval of the above.
CITY COMMISSION At its meeting of September 25, 1986, the City
Commission passed the above on First Reading.
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APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83
i,
14,QTNue L. 3ER6CIZ _ , hereby apply to the City Commis-
sion of t
e. ity of Miami for an amendment tote Zoning Atlas of the City of Miami as
more particularly described herein and, in support of that request, furnish the following
information:
Z I.
Address of property Asp. 3 Tg 1 S, w. 2itid 7eAAc.c.Q--
�.
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.)
✓5.
At least two photographs that show the entire property (land and Lmprovements).
B sl;•I�
v'�6.
��
Atlas sheet(s) on which property appears y 2 10
.,,v7.
Pre'sent Zoning Designation R 6 —
8.
Proposed Zoning Designation G V_ - 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)
11.
Other (Specify)
✓ 12.
/�25fi.(r 0 ll�s Soo• 00 4vv 'P.sr, b/e eloP¢
Filing Fee of $ - according to following scheduler
.04 persq.ft, of net lot area, minimum
(a) To: RS-1, RS-I.1, RS-2, B00000
RG-I, PD-H, PD-HC,
(b) To: RC-2, RG-2, I, $0.06 per sq,ft. of net lot area, minimum
RG-2.31 RO-1, $350.00
RO-2,1
(a� To: RG-2.2, RG=3, 0.08 per sq.ft, of net lot area, minimum
R , 3 1400,00
Now
OrN
(d) To: CR- It CR-2, ;500.00
0,10 per sq.ft. of met lot area, minimurn
CR-3t 0-1, CC.1t
CC-2, WFilt WP-R,
I-1,1-2; SPI-It2t5t7,
8t5,1it12
(e) To: CBD-I, SPI-6 $0.12 per sq.ft. of net lot area, minimurn
$600.00
(f) For any change in a sector number only, for a particular district classifica-
tiont 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, not to exceed $500.00;
to be refunded if there is no appeal. (City Code - Section 62-6I)
Sig
nature
nature L
Name L. ��C2GE2
/31ta.sp rC-4rtEL
Address Gtie /3i s c .7 ,vt ?awe
Mi�in7, FL 33� 3/
Phone
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
/ZT14U1P- L. %S�ERGE/L , being duly sworn, deposes*cnd
says that he is the Authorized —Agent forOwner) of the real property described in
answer to question #1, 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 execute this
petition on behalf of the owner. ,,---,
_ SWORN TO AND SUBSCRIBED
before me this I s f day
of 1986
MY COMMISSION EXPIRES:
Notary Public State of Florida it large,
M V1 Gommi;s.ion Elpires Dec, 8, 1987
Form 25-83
A--LSZAL)
Notary Public, State of Florida at Large
9. INAPPROPRIATENESS OF*THE EXISTING ZONING CLASSIFICATION
Properties located between Coral Way and S.W. 22nd Terrace
and between S.W. 36th Avenue and S.W. 34th Avenue have one of two
zoning designations. Those lots fronting onto Coral Way are
zoned CR-3/7, and those lots fronting onto S.W. 22nd Terrace are
zoned RG-1/3. The CR-3/7 zoning is generally used for commercial
uses and the RG-1/3 zoning is generally used for off-street park-
ing to serve the adjacent properties within the CR-3/7 zone.
Permits allowing the above -described arrangement - where the RG-
1/3 lots are used for off-street commercial parking serving uses
within the RG-1/3 zone - have been approved in a number of loca-
tions in this area.
The above -described zoning pattern does not allow flexi-
bility and creativity in building and site design since loading
and commercial floor area must be located within the CR-3/7 zone
and parking is forced to be located within the RG-1/3 zone in
order to allow reasonable development of commercial floor area
within the CR-3/7 zone. Innovative building designs having
alternative arrangements of the parking, loading and commercial
floor area are precluded by this zoning pattern.
Additionally, the RG-1/3 zoning is inappropriate at this
location because S.W. 36th Avenue is a major street and, as with
other major streets, it is appropriate to have the commercial
zoning along Coral Way extend southward along S.W. 36th Avenue
for an appropriate distance. This zoning pattern has been
approved in a number of other locations in the area. Therefore,
because of the negative effect the existing zoning pattern has on
building design and site planning, and because of the location of
the subject property at the corner of the block, the present
zoning designation is inappropriate.
10. APPROPRIATENESS OF THE PROPOSED ZONING CHANGE:
Given the zoning and use patterns described in the section
outlining the inappropriateness of the present zoning classifi-
cation, the proposed change in the zoning to CR-3/7 would allow
more creative planning of the lots between Coral Way_ and S.W.
22nd Terrace in that greater flexibility would exist in the
arrangement of parking, loading and commercial space. Further
more, because the subject properties are corner lots facing onto
S,W. 36th Avenue, the requested CR-3/7 zoning classification is
appropriate.
CNZ22PQC
Le
The applicant is prepared to submit a unity of title to
insure the comprehensive site planning of their two lots fronting
on Coral Way and their adjacent two lots which are the subject of
this zoning application.
Because of changed circumstances within the area which
support the comprehensive site planning of lots fronting on Coral
Way, along with the adjacent lots fronting on S.W. 22nd Terrace,
the requested zoning change is in the public interest and
approval of the request would contribute toward the stated intent
and purpose of the zoning regulations.
CNZ2200C
-2-
I
The applicant is prepared to submit a unity of title to
insure the comprehensive site planning of their two lots fronting
on Coral Way and their adjacent two lots which are the subject of
this zoning application.
Because of changed circumstances within the area which
support the comprehensive site planning of lots fronting on Coral
Way, along with the adjacent lots fronting on S.W. 22nd Terrace,
the requested zoning change is in the public interest and
approval of the request would contribute toward the stated intent
and purpose of the zoning regulations.
N
Before Me, the undeMi4led authority, this day personally
appeared ,qR, wok . L, . �er- who being by Me first duly SVvtr`n,
upon oath, deposes and says: Y
1.. That he is the the legal represeritmtive of the
owner, submitting the accwtp� 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 accompanyring 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 ne is the owner or legal
representative.
4. The facts -as represented in the application and doc=nents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
L v T
(Name)
Sworn to and Subscribed before me,..
' this Jy day of `. 1 19
r
Notary Public, State of Florida at Large
My Commission Expires:
Nptary Public State of flpcida at W19.
Illy Cpmmissipn ExPife$ Dec,
N ?
ii
.6. Ow'
O W'.'V ' t LIST
Owner' S "lame 6, *S
Hai 1 ink Adriwp5%GO
Telephone
Legal Description;A (-4t1,ed he1,e f-o �N
ae4e . I'a, hevc a-r—
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severalty
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows: AL 43
Street Address Legal Description
rox 35?0- 35-90
--r
Street Address Legal Description
Street Address Legal Description
g
I
Lot 17, less the
South 10 feet and less the West 10 feet for roads, and lot 18,
less the South 10 feet for roadq all in Block 51 AMENDED FLAT
OF MIAMI SUBURBAN ACRES, according to the plat thereof as
recorded in plat book.4 at page 73 of the pablic records of
Dade County, Florida.
CONTROL
No,
---'.
ir' fi 115 l �
f'Lt rt /U c 0 �-A S S
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v c i!! c11 L. o 4-
IL.,.
l-.k
Lc1 e s fi
►- vC,S
k-
VeC.e,
No. -
tiegal description and street address of Subject real prq*rty-.
8 5 it S.W. 2ZV&,
2. Owmer(s) of 9uijj'ftt real 6wnerdhiP.
Notet City of Mimi Ordinance No. 5419 requires disclosure of all paftieg
axing a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
tcgether with their addresses and proportionate interest.
a_ Q aAJA P a Joe ;641La.r��;cr,de�.3
Jose L. Sa.,-jh"a.4 SP-ci Zyela, Sawn"
C_ reel rvr C., + V. A, --cress H 15 Z IJ c-b Ofl�AJ
L JA, r _ 331cL
4- 0
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b).located withi:.
375 feet of the subject real property.
A 88 ve A e pro r, 3 5' 2 3 5 cl 0 S.w, 22- 4 5+-
RO
No.
STATE OF FLORIDA SS:
0=141Y OF DADE
being duly sworn, deposes and
says that ne, is the (Cvwner) (Attorney or 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
fom on behalf of the owner.
SWOR4 TO AM SUBSCRIBED
before me this /_7 /-1-,
day of ,=98 6
11�
MY C", low mms:
Florida at Large
Notary Public Rote,of of Florida at Will
r MI Notary W1115 DOC,
Lot 17, less the
South 10 feet and leas the West 10 feet for roads, and lot 18,
less the South 10 feet for road4 all in Block 51 AMENDED PLAT
OF MZAMI SUBURBAN ACRES, according to the plat thereof as
recorded in plat book-4 at page 73 of the pablic records.of
Dade County, Florida.
�j
C0NTROL
EXHIBIT h9"
President Mr. Jose L. Saumat
Executive Vice President Manuel Fernandez
Secretary/Treasurer Mrs. Irela Saumat
Finance Vice President Jose Lopez
Vice President of
Operations Jorge L. Silveira
The address of each of the above officers is: % Kaufnan and Roberts,
7445 N.W. 12th Street, Miami, Florida 33176
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KNOW ALL MEN SY THESE PRESENTS
TRAT the undersigned, XENNSLY AND KAPLAN, INC., being the
owner of the fee simple title to the property legally described
as.
Lot 17, less the South 10 feet and less the
Meat 10 feet for roads, and lot 1$, less the
South 10 feet for road, all in Block S,
AMENDED PLAT OF M1AMt SUSURHAN ACRtS,
according to the plat thereof as recorded in
plat book 4 at page 73 of the public records
of Dade County, Florida.
make the following voluntary Declaration of Restrictions (herein-
after "Declaration") hereby covering and running with the above
referenced property, specifying that this Declaration shall 'con-
stitute a covenant running with the land and shall be binding
upon the undersigned and all parties deriving title through
them. These restrictions during their lifetime shall be a limi-
tation upon all present and future owners of the subject real
property for the benefit of the City of Miami, Florida, and the
owners of all property within 300 feet of the subject property.
1. The owners are presently applicants before the City
Commission of the City of Miami, Florida to rezone the subject
property from RG-1/3 to CR-3/7.
2. The following covenant and restriction shall be applic-
able to the property:
a) That there be no ingress directly from nor egress
directly to S.W. 22nd Terrace. All ingress and
egress shall be directly via S.W. 36th Avenue.
b) The area located within a 25 foot wide strip just
north of and parallel to the northern right-of-way
line of S.W. 22nd Terrace shall be used as a land-
scaped buffer only. The expenditure for land-
scaping within the above described 25 foot wide
buffer shall be at least $10,000.
c) Within the northern most portion of the above
described 25 foot wide landscaped buffer there
shall be constructed a solid masonry wall having a
height of six (6) feet.
3. This Declaration may be modified, amended or released as
to any portion of the lands covered hereby by written instrument
executed by the holder or holders of the fee simple title .to the
subject property and by the City of Miami or its authorized
representative, provided that no such modification, amendment or
release shall be made without first being approved at or after a
public hearing held by the City of Miami.
4, This Declaration shall inure to the benefit of the
owners, the City of Miami, and all property owners within 300
feet and may be enforced by the City of Miami and by such owners
of property within a 300 foot radius of the subject property by a
suit in equity against the then owners of the subject property
violating these restrictions, after a determination that a viola-
tion exists is made by the City Manager of the City of Miami or
his designee.
5. The Declaration shall become effective on the earliest
of the following: 1.) thirty-one (31) days after final approval
by the City Commission of the City o Miami., Florida of all
requested rezoning, provided that a lawsuit has not been filed
challenging the requested zoning change; 2) the date the appli-
I
cant or his successors) or Assign(s) is issued a building permit
to begin construction Of a building On the subject property
devoted total4jy or in part to commercial arid/or offices use;or 2)
the date on which ail legal challenges to the subject re2ohing
have been concluded without having successfully challenged the
rezoning changes N6tWiIth§tarIdihg the above effective date,
Should the subject rezoning at any time be successfully chat-
longed to as to preclude the construction of a building devoted
totally or in part to commercial and/or office use, or should the
requ6gted 2oning be changed so at to preclude the dovOlopMent of
a building devoted totally or in part to coftnetcial and/or office
use prior to the owner or his successors) or astign(s) having
obtained a vested right to construct such a commercial and/or
o 1%a, building, then all dtclar-
ML restrictions Contained in this
ation of restrictions shall cease to run with the land and shall
be void and of no effect.
f
IW WITNESS WHER OFr th@ un erligned has stt its hated and seal
this ` day o A 16
WITNES9991 K LA INC,
Ji�Se L at, PCesdent
Sy .._
Irela aulat, Secretary/
Treasurer
The foregoing instrument was acknowledged before me this ;z,,,J
day of jy L-y 1§86, by Jose L. Saumat, as president of
KENNELY AND KAPLAN, INC., a Florida corporation, on behalf of
said corporation.
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
Notary
State of Florida at Large
My Commission Expires:
NOTARY PUBLIC STATE OF FLOR MA
NY CONNISSION Exp. DEC. 8.1980
BONDED 1HRU GENERAL INS. UND.
The foregoing instrument was acknowledged before me this_--.Zw� I
day of .? V LY , 1986, by. Irela Saumat, as Secretary
Treasurer of KENNELY AND KAPLAN, INC., a Florida corporation, on
behalf of said corporation.
Notary P u b± i-c -""--'
State of Florida at Large
My Commission Expires:
NOTARY PUBLIC STATE OF FLOR10A
NY COrYIS510N EXD, DEC. 011909
PAN EO THRU GENERAL INS. 05,
0
1'r, George Barket offered the folic!O ng Resolution and
toved its adoption,
RESOLUTION-B_76-86
AFTER CONSIDERIIvG THE FACTORS SET FORTH IN
SECTION 3509 OF ORDINANCE 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MiAMI,
THE ZONING BOARD ADOPTED RESOLUTION ZB 74-86
RECOMMENDING APPROVAL TO THE CITY COMMISSION
OF THE CHANGE OF ZONING CLASSIFICATION IN THE
OFFICIAL ZONING ATLAS OF ORDINANCE 9500, AS
AMENDED, FROM RGW1/3 GENERAL RESIDENTIAL (ONE -
AND TWO-FAMILY) TO CR-3/7 COMMERCIAI,-
RESIDENTIAL (GENERAL) FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3591 SW 22 TERRACE,
ALSO DESCRIBED AS LOT 17 LESS THE SOUTH 10'
AND LESS THE WEST 10' FOR RIGHT--OF-WAY AND
LOT 18 LESS THE SOUTH 10' FOR RIGHT-OF-WAY,
BLOCK 5, MIAMI SUBURBAN ACRES AMENDED (4-73)
P.R.D.C.
Upon being seconded by Mr. Lorenzo Luaces, the motion
was passed and adopted by the following vote:
AYES: 14s . Morales
Messrs. Gort, Barket, Luaces and Romero
NAYES: None.
_ ABSENT: iris. Basila
Messrs. Channing, Milian, Moran-Ribeaux, and
Sands
Mr. Perez-Lugones: Motion carries 5 to 0.
P
6
bA0I '66l).r ,
LI-10 1 A. t
MIAMI REVIEW
Published Daily except Saturday; Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Befo►s the undersigned authority personally appeared
Octelma V, Ferbeyre, who on oath says that she 1s the
Supervlsot of Legal Advertfsing 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 MIk'vfl
ORDINANCE NO. 1.0171
In the ........ >;M....... Court,
was published in said newspaper in the issues of
Oct. 30, 1986
Affiant 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
Saturday, Sunday and Legal HoliIn said Dade days) andahas been e. each ntered as
second class mail matter at the post office in Miami in said
Dadethe firsCounty, u catFlorida,
on of the atfor a tach d copy of advertiseeriod of one year next ment: and aitiant funher says that she has neither paid nor promised any
person, firm or corporation an is t, rebate, commission
or rWynd for the p Ora rng his advertisement for
pu Lion in the .teidaa WWWiii iii��� 111 r,,
.. • > p►fl Jel
to an& rsy(Pscribe"' e(ore me this
.3.khday .. ' obey 'A.0 8C
A P +of
otPybiiF tp'of Florida at Large
(SEAL)
My Commission expires Aug. 16, 1988.
MR 143
All interested persons Will take n6tire that on the 23rd day of
Qctober, 1986, the City Commission o1 Miami. Florida, adopted the
following litled ordinances`
ORDINANCE NO. 10165
AN EMERGENCY ORDINANCE .AUTHORIZING THE ISSU-
ANCE OF SPECIAL OBLIGATION BONDS. SERIES 1986A
PROVIDING FOR THE TERMS THEREOF AND, CERTAIN MAT-
TERS IN CONNECTION 'THEREWITH, DECLARING THE
ORDINANCE AN EMERGENCY MEASURE; DISPENSING
WITH THE READING OF THE ORDINANCE ON TWO SEPA-
RATE DAYS: AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 10166
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLANS BY CHANGING THE DESIGNA•
TIONS FOR THE SUBJECT PROPERTIES FROM MODERATE
TO HIGH DENSITY RESIDENTIAL DESIG-NATION TO
RESIDENTIALICOMMERCIAL DESIGNATION ON
SOUTHWEST 27TH AVENUE FROM APPROXIMATELY 100
FEET SOUTH OF BIRD ROAD 10 TIGERTAIL AVENUE AND
FROM LOW TO MODERATE RESIDENTIAL DESIGNATION
TO MODERATE DENSITY RESIDENTIAL DESIGNATION EAST
OF CENTER STREET. FROM APPROXIMATELY 100 FEET
SOUTH OF BIRD ROAD TO APPROXIMATELY 200 FEET
NORTH OF DAY AVENUE, AND WEST OF SOUTHWEST 27TH
AVENUE FROM COCOANUT AVENUE TO APPROXIMATELY
100 FEET NORTH OF BIRD AVENUE, AND ON LOTS
FRONTING THE SOUTH SIDE OF COCOANUT AVENUE FROM
VIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF
27TH AVENUE, FROM LOW DENSITY RESIDENTIAL DESIG-
NATION TO MODERATE TO HIGH DENSITY RESIDENTIAL
DESIGNATION FOR LOTS ON THE NORTH SIDE OF COCOA-
NUT AVENUE FROM APPROXIMATELY 150 FEET EAST OF
'JIRGINIA STREET TO APPROXIMATELY 150 FEET WEST OF
27TH AVENUE; FURTHER, CHANGING THE DESIGNATION
FOR THAT PROPERTY APPROXIMATELY 100 FEET BY 200
FEET IN SIZE, FRONTING ON THE EAST SIDE OF SOUTH.
WEST 26TH AVENUE, BETWEEN SOUTHWEST 27TH LANE
AND SOUTHWEST 28TH STREET FROM A DESIGNATION
OF LOW DENSITY RESIDENTIAL TO A NEW ONE OF
RESIDENTIALICOMMERCIAL; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL.
ITY CLAUSE.
ORDINANCE NO. 10167
AN ORDINANCE ADOPTING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDUM, DATED SEPTEM-
BER, 1985, WHICH REPLACES MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1976.1986; PROVIDING PURPOSE;
INCORPORATING THE OFFICIAL GUIDE; PROVIDING FOR
A TRANSITIONAL PERIOD; AND CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10168
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1976-1986 FOR PROPERTY
LOCATED AT APPROXIMATELY 3427-3523 SOUTHWEST 22ND
TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING THE DESIGNATION OF THE SUBJECT PROP-
ERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; AND,
CONTAINING A REPEALER PROVISION AND A SEVERABIL:
ITY CLAUSE.
ORDINANCE NO, 10169
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI•
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI-
FICATION OF APPROXIMATELY 3427-3523 S,W. 22ND TER-
RACE; MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED'
HEREIN) FROM RG 113 GENERAL RESIDENTIAL (ONE AND
TWO-FAMILY.) TO CR•317 COMMERCIAL -RESIDENTIAL (GEN-
ERAL) BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFER-
ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 10170
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1976.1986 FOR PROPERTY
LOCATED AT APPROXIMATELY 3591 SOUTHWEST 22ND
TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) 13Y
CHANGING THE DESIGNATION OF THE SUBJECT PROP-
ERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL MAKING FINDINGS; AND,
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITYCLAUSE.
ORDINANCE NO. 10171
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORD!-
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI-
FICATION OF APPROXIMATELY 3591 S.W. 22ND TERRACE.
SARY CHANPiES ON PAGE NO, Q OF SAIL] ZONItMG Al LA%�
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF.
CONTAINING A REPEALER PROVISION AND A SEVERABIL•
ITY CLAUSE.
........,... -.
OR1?INANCF-NO.1Q172
14 TA9 , ONIN a Al F Rl�l
CItY OCMIAMI, FLOPuDA,
It�itfrl�i•U��I�Ir tv+l�'ta1C5i�AN�IUI�t
Matty Hitait City Clerk December 1, 1986 1ILE
Attht Sylvia bowman, Deputy City Clerk
Ordinances 16168, 10169 and
u 1�� 10171
4. Jo 1 8. Maxwell p_ �pEti.�Es
sistant City Attorney
F.1:'t C)S:pEt
Pursuant to instructions of the City Commission clarifying
their intent as to "transitional boundaries" for parcels which
are the subject of land use changes In the subject ordinances,
this Office has prepared three (3) new ordinances numbered 10168,
10169 and 10171 which should be substituted in lieu of, and
pursuant to the City Commission's instructions, for the
Ordinances presently in your files.
The changes involve Section 2 of each ordinance in that they
delete references to portions of a 1 foot strip around the
borders of certain lots.
It is clear from the City Commission's instructions that the
1 foot strip was intended to border the Southerly 1 foot of said
lots only.
The amended Ordinances have been prepares] as a consequence.
Only the first two lines of Section 2 of each ordinance have been
actually amended. But we have prepared entirely new ordinances
to keep down confusion.
Should you have any questions, please feel free to contact
this Office.
I
JEM/db/P021
Attachments "=
cc: Sergio Rodriguez, Director - Planning Department
Attn.: Guillermo Olmedillo, Chief Neighborhood Division
Lucia A. Dougherty, City Attorney
THFRSQF; CONTAINING A
REPEAT -ER PRPV11510N AND A
SEVF,RABILITY MAUSE.
ORDINA► 09 NO.
AN ORDINANCE AMENPING
RA
MR 145,
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
Sonia Halligan, who on oath says that she Is the Assistant
Supervisor 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 MIA4I
Re: Notice of Proposed
Ordinance
In the ..... ......X.. X..X .................. Court,
was published in said newspaper in the issues of
Oct. 10, 1986
Afflant 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 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
afflant further says that she has neither paid nor promised any
person, firm or Corporation any discount,' rebate, commission
or refund for the purpose of securing this advertisement for
publicatt In the said newspaper.
Swom to a;;// sutispribed before me this
10
day oft. °° .. A.D. 19. .6
. ~ P
Alf ul
i � ubIIC, of Florida at Large
(SEAL) di/ J�" a * • ,' Q `�
My Commissidr��d>�ttgg
rf{�ffuintttt�'�
ellf +t p MIAMI
DA61011.1111111VOL8T11GA
NOfiIft ap
011606I1Eb tlI1gINAtNt t
Notice Is hethby giveh that the
City 06mi'1119616h of the City of
.Miami, Florida, will cotigideir the
following ordlha ioe(s) (in bet ohd
and fihal raaditfg on Obtober 23,
19$6 6b11nh aholhg at 9:00 A.M. in
the ►ty CommI9916h Chambets,
3500 Para Amerlcah Wive, MIAMI.
Florida:
ORDINANCE NO.
AN ORDINANCE AMENDING
ORDINANCE, NO. 9500, THE
ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY
AMENDING 53205 OF ARTICLE
32 ENTITLED "STATUS OF'DECI-
SIONS OF ZONING BOARDS;
REVIEW BY CITY COMMISSION;
COMMISSION POWERS; JUDICIAL
REVIEW,"BY REQUIRING
EXHAUSTION OF ADMINISTRA-
TIVE REMEDIES PRIOR TO JUDI-
CIAL_ REVIEW AND PROVIDING;
THAT THE METHOD OF JUDICIAL'
REVIEW OF CITY COMMISSION'
DECISIONS SHALL BE BY FILING
A NOTICE OF APPEAL; CONTAIN-
ING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING;
THE ZONING ATLAS OF ORDI-
NANCE NO. 9500, THE ZONING
ORDINANCEI OF THE, CITY OF
MIAMI, FLORIDA BY CHANGING
THE ZONING CLASSIFICATION;
1OF APPROXIMATELY 4220, 42341
AND 4244 N.W. 2ND STREET, AND
APPROXIMATELY 4225 N.W. 1ST•
STREET, MIAMI, FLORIDA, (MORE.
PARTICULARLY DESCRIBED HERE-
IN) FROM RG 113 GENERAL RES-
IDENTIAL (ONE AND TWO.
FAMILY) TO CR-2/7 COMMERCIAL -
RESIDENTIAL (COMMUNITY) BY
MAKING FINDINGS; AND BY MAK-
ING ALL THE NECESSARY
CHANGES ON PAGE NO.32F OF
SAID ZONING ATLAS:.MADE A-
PART OF. ORDINANCE NO. 9500,
BY REFERENCE AND DESCRIP-
TION IN ARTICLE 3, SECTION 300,:
THEREOF; CONTAINING Al
REPEALER PROVISION AND Al
SEVERABILITY CLAUSE.
ORDINANCE NO.
AN ORDINANCE AMENDING'
THE ZONING ATLAS OF ORDI-
NANCE NO.' 9500, THE ZONING
ORDINANCE` OF THE CITY OF
MIAMI,.FLORIOA, BY CHANGINGI
THE ZONING CLASSIFICATION
OF APPROXIMATELY 3427-3523'
S.W. ;22ND TERRACE, MlAMI,
I FLORIDA, (MORE PARTICULARLY.
DESCRIBED HEREIN) FROM RG':
113 GENERAL RESIDENTIAL (ONE'
AND TWO-FAMILY) TO CFI-317'.
COMMERCIAIRESIDENTIAL. (GE
NERAQ;!sY MAKING FINDINGS;'
AND BY MAKING.AI_L THE NEC-
ESSARY CHANGES ON PAGE NO:'
42 OF SAID 7_ONING ATLAS MADE'
A PART OF ORDINANCE N0.9500
BY REFERI=MCE AND DESCRIP
TION IN ARTICLE 3, SECTION 300,
THEREOF;' CONTAINING' A
REPEALER.,PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO_'
AN ORDINANCE AMENDING
EN
MR 145
a .,
11
ORDINANCE NO.
AN ORDINANCE AMENDING
THE ZONING ATLAS OF ORDI-
NANCE NO. 0500, THE ZONING
ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION
OF: APPROXIMATELY 1548.1636
BRICKELL AVENUE, MIAMI, FLOR-
IDA,' (MORE. PARTICULARLY
DESCRIBED HEREIN) FROM RG2.
1/3 3 GENERAL RESIDENTIAL TO I
RG•2115 GENERAL RESIDENTIAL
MAINTAINING THE SPI.4 BRIC-1
KELL AREA MAJOR STREETS
OVERLAY DISTRICT, BY MAKING
FINDINGS; AND 13Y MAKING ALL.
THE NECESSARY CHANGES ON -
PAGE NO. 37 OF SAID ZONING
ATLAS MADE A PART OF ORDI-
NANCE NO. 9500 BY REFERENCE
AND DESCRIPTION. IN ARTICLE
3, SECTION 300, THEREOF;
CONTAINING A REPEALER PRO-
VISION AND A SEVERABILITYi
CLAUSE,
ORDINANCE NO.
AN ORDINANCE_ AMENDING
THE. MIAMI COMPREHENSIVE
NEIGH130RHOOD PLAN 1976.1986
FOR PROPERTY. LOCATED AT
APPROXIMATELY 3427.3523 SOUT-
HWEST 22ND TERRACE (MORE
PARTICULARLY- DESCRIBED
HEREIN) BY CHANGING THE DES.
IGNATION OF. THE SUBJECT
PROPERTY FROM LOWMODE-
RATE DENSITY RESIDENTIAL TO
RESTRICTED .COMMERCIAL;
MAKING FINDINGS; AND,
CONTAINING A REPEALER PRO-
VISIOWAND A.SEVERABIIITY
CLAUSE.
ORDINANCE NO.
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 3900.3998'
WEST FLAGLER STREET,,MIAMI,
FLORIDA, :(MORE PARTICULARLY
DESCRIBED HEREIN) -FROM
RG05 GENERAL; RESIDENTIAL
AND RS-212 ONE:FAMILY
DETACHED RESIDENTIAL'TO
CR-2/7 COMMERCIAL-RESIDEW
TIAL (QOMMIJN ITYY MAKING
PAGE NQ42 OF SAiD ZONI,
ATLAS MADIE A PART OF OF
NANCE NO, 05M i3Y REFEREN
AND DESCRIPTION ,IN ARM
3,'SECTJ 300;14EREC
CONTAINING:A REPEALER PI
VISION ,AND A'SEVERARILI
CLAUSE. -
ORDINANCE NO. {
AN ORDINANCE AMENDING
THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND
ADDENDA (SEPTEMBER 1985)
FOR PROPERTY LOCATED AT
APPROXIMATELY 3591 SOUTH-
WEST 22NO TERRACE (MORE
PARTICULARLY' DESCRIBED
HEREIN)'13Y CHANGING THE DES-
iGNATION OF THE SUBJECT'
PROPERTY FROM LOW -
MODE -RATE DENSITY RESIDENTIAL TO
COMMERCIAL -RESIDENTIAL; MAK-
ING FINDINGS, AND,.CONTAIN-
ING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDINANCE NO.
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 3591 S.W.
22ND TERRACE, MIAMI, FLORIDA,
(MORE PARTICULARLY DES-
CRiBED HEREIN) FROM RG-113j
GENERAL RESIDENTIAL (ONE
AND TWO-FAMILY) ,TO.CR-3t7'
COMMERCIAL -RESIDENTIAL . (GE-
NERAL) BY: MAKING FINDINGS;
AND BY MAKING ALL THE NEC
ESSARY CHANGES ON PAGE NO.
42 OF SAID ZONING ATLAS MADE
A PART OF ORDINANCE NO.9500
BY REFERENCE'AND DESCRIP-
TION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A
REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Said proposed ordinances) may
be Inspected by the public at the
Office of the City Clerk, MOO'Pan,
American 'Drive, Miami,, Florida,!
Monday through Friday, excluding;
holidays, between the hours. of 8:00�
A.M. and 5:00 P.Mr
All Interested persons may;
appear at the meeting and be heard'
with, to the proposed
ordinance(s).
Should any ;person desire to
appeal any decision of the City
Commission with respect to, any
matter to be considered al this
meeting, that person shall ensure,
that a verbatim record :of the pro.
ceedings is made including ali tes-
timony and evidence upon which
any appeal maybe based.
MATTY HIRAI
CITY CLERK
CITY OF MIAMi, FLORIDA
(#40132)
10110 $� 1Q1002M