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Home My WebLink AboutO-0998611 J-85-261 3/5/85 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500t THE ZONING ORDINANCE OF THE CITY OF MIAMIt FLORIDAt BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3898 NORTHWEST 7TH STREETo MIAMIt FLORIDAt (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO, 32 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO, 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3t SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of January 7, 1985, Item No. 1# following an advertised hearing, adopted Resolution No. ZB 1-85t 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 3898 Northwest 7th Street, Miami, Florida, more particularly described as Lots 4,, 5, and 61 Block 1, DURHAM TERRACE (44-55) of the Public Records of Dade County,, Florida, from RG-2/4 General Residential to CR"2/7 Commercial Residential (Community). Section 2. It is hereby found that this zoning Qlassi- fication change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) Is not contrary to the established land Qse p4ttern; (c) Will not oreAte an isolated district unrelated to adjacent and nearby districts; (d) 19 not out of scale with the needs of the neighborhood or the City; (e) Will not m6terially alter the population density pattern or increase or overtax the load on public facilities such as schoolst utilitie8t streetsp etc,,' 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 develop— ment 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. 32 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, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi— nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 28th day of March - 11 1985. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this _18th_ day of April 1985. Maurice A. Ferre MAURICE A. FERRE-r'Maydr" n ri (d) 19 hot out of scale with the heeds of the neighborhood ot the City; (e) Will hot materially alter the population density pattern or increase or overtax the load on public facilities such as schoolst utilitiest streetst etc&.6 (f) it 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.e (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 develop- ment of adjacent property in accord with existing requlations; (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. 32 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 amendment., Section 4. All ordinances, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 28th day of March 1985. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this ]_8_th day of April 1985. Maurice A, Ferre M4UTTCV "A." 'FERRE �" Mayor PREPARED AND APPROVED 13y! A;�MIRIAM 1AER 8ittant City Attorney APPROV�� ORM AND CORRECTNESSt LUCIA A.-TUg—GE, City Attorney GMM/wpc/ab/423 Cletk of the City of Miami, Floridft, hereby certify that on the-J-7-11 (lay of.-� tv A. 1). 11) I full. true an -A corrc�.-( oing ol-oinnoce Wns pt)�Izd Ot� of III,: Counly Coott �j( 11,.; S notic.-s and pub;icu-lions b� 4tL0,CIis-A: ',Zdd 1:oiy to tiler jjlac�: provided therefor. WITNESS illy hand and Owl official sefl of slid City of., D* I 1_,1�1 ........... t� Cierk I AAk ZITY -'.�F `AJAMI. PLOA10A 1,"4'rSR-0F?:1CZ -"ArVAORANDUM Randolph B. Rosencrantz ZArrz: February 14, 1985 MIL.E; City Manager Q SJ E:CT ORDINANCE - RECOMMEND APPROVAL CHANGE OF ZONING Vo'm A au E . ere r/e zz - , u'g e s 3898 NW 7 STREET Director -?EFERENCES, COMMISSION AGENDA - MARCH 28, 1985 Planning and Zoning Boards ENCLOSURES- PLANNING AND ZONING ITEMS Administration Department It is recommended by the Zoning Board that the Chan2e of Zoning Classifica- tion in the official Zoning Atlas of Zoning Ordinance 9500, as amended, from RG-2/4 General Residential to CR-2/7 Commercial Residential (Community) for the property located at 3898 NW 7 Street be approved. The Zoning Board, at its meeting of January 7, 1985, Item 1, following an advertised hearing, adopted Resolution ZB 1-85 by a 9 to 0 vote, recommending approval of a Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, from RG-2/4 General Residential to CR-2/7 Commercial -Residential (Community) for the property locatedrat 3898 NW 7 Street, also described as Lots 4, 5 and 6, Block 1, DURHAM TERRACE (44-55). Six objections received in the mail; two replies in favor received in the mail; three 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 the consideration of the City Commission. AEPL: 111 cc: Law Department NOTE; Planning Department recommends: APPROVAL i I 0 ZONING FACT SHEET LOCATION/L�GAL 3858 NW 7 Street Lots 4,5 and 6 Block 1 DURHAM TERRACE (44-55) OWNER/APPLICANT Miguel Del Aguila, Emilio De La Cal, Marco De La Cal, Raul Garcia, Manuel Reyes Intercontinental Bank Building, Suite 210 3899 NW 7 Street Miami, FL 33126 Phone # 541-6790 Robert A. Kaplan, Esq. (Attorney for Applicants) Greenberg, Traurig, et al. 1401 Brickell Avenue Miami, FL 33131 Phone # 579-0500 ZONING RG-2/4 Gen�ral Residential REQUEST Change of Zoning Classification irf the Official 17 4 A+1 -F 7^n4n n"Ai nnnt-p oqnn ac RECOMMENDATIONS, PLANNI%DEPARTMENT PUBLIC WORKS DADE COUNTY TRAFFIC ArNO TRANSPORTATION ZONING BOARD ",.I QQ %j amended, to CR-2/7 Commercial Residential (Community). APPROVAL. The requested change will not be at oUffs--wi—th the existing land uses in the area. It is also consistent with previously recommended zoning change to the west of the subject. property. The north tide of 7th Street is completely zoned for commercial use and it is ninety percent developed commercially. No dedication is requested No comment At its meeting of January 7, 1985, the Zoning Board adopted Resolution ZB 1�85 by a 9 to 0 vote, recommending approval of the above, N. W. 9 S T. ol 3 "1 2 071" d 1—: 2'�2 o is 4 16 16 5 13 Aaft 0 f2 I 1 10 9 73 73 N all Airm f .- 65 T ("'CE N T R A L S'HOPP ING PLAZA PD-.HC/7 TRACT "A" --A 17 IS 19 0 2. 1 2 ? 23 24 12 w s N.W. k 6 ST. A MUS-,� C E N 1 /-7 N.W. 5 10 9 a 7 6 5 3 z 6 17 1$ 19 20 21 22 23 24 IV-- -------- -- TERR. cb A M T 15 4 3 Z 1 6 5 4 3 z I 16 1 T if 19 7.0 1 Z 2 7. Z 4 a 9 IQ I I IZ DO jk� 10 S 5 4 3 Z ZB Jan;Aary 1984 AV132 14 47 49 1 z UP 0 M-1 7 AF H lc 120 &55 0 , -.1 k 13 77's 14 & (4 ,vie 17 is __4 6 00 r Z, AOk o 2 10 73 c"C E N T RA L S'H 0 P P I N G PLAZA PD—.HC/7 '*ft� TRACT It A 11 14.8 MY ST 17 a 19 0 2 1 24 1 12 HZ:3t "f -Ole W It S T 6 1, IL I r4lle A MIJ81� C EN. NW b 10 9 a 71 6 5 2 1 6 1 7 18 19 20 Z 1 22 Z3 2 4 TRACT AIR-LIN 4 A M om e., f 3: TERR. col 6 4 Z 7 4 9 10 1 4tr :o' F P-ma" . WS 0" 4.4t t jor IrT owl -1 W oto 04 twlp 1.4 A Ax uj 71 IL AS 1985 3698 Nw 7 St r, APPLICATION FOR AMENDMENT TO ZONINC ATLAS File Number ZA-83- ROBERT A. KAPLAN hereby apply to the City Commis- f' -K—City of Vami for an aFnendment to -the Zoning Atlas of the Cit�- of Miami as sion a t e more particularly described herein and, in support of that request� furnish the following information: * 1. Address of property 3898 N.W. 7th Street, Miami, Florida' * 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 3751 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. Atlas sheet(s) on which property appears 32 * 7. Present Zoning Designation RG-2/4 * 8. Proposed Zoning.Designation CR-2/7 * 9. Statement explaining why present zoning designation is inappropriate. (Attach to application) * 10. Statement as to why proposecL zoning designation is appropriate. (Attach to appli- cation) 11. Other (Specify) 2. FillngFeeof $-1,275-22 according to following schedule: (a) To; RSw I � RS- 1. 1 j RS-2v 0904 per sq.ft- of net lot area, minimum RG- I � PD�Ht PD-HCp 800.00 (b) To-, RG-2, RG-2.11 0,06 per sq,ft. of net lot area, ml I RG-2.3 RO-11 850100 nimvm RO-2.1 To; RG-2.2, RC-30 0,08 per sq.ft, of not lot qreop minimum R0.3 R00,00 IS (d) To: CR- It CR-2t 0. 10 per sq.ft. of ne,t lot area, minimum CR-3 j 0-1 t CG- It �'500,00 CG-2t WF�lt WF-Rt I- 11 1-2; SPI- I t2t5t7t 8t9t 11112 (e) To-. CBD- If SPI-6 $0.12 per sq4ft, of net lot area, minimum $600.00 (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 classificationt 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 62-61) Signature Name ROBERT A. KAPLAN, ESQ. Greenberg, Tratirig, et al. Address 1401 Brickell Avenue Miami, Florida Phone (30 5) 5 79 -050 0 STATE OF FLORIDA SS: COUNTY OF DADE ROBERT A. KAPLAN being duly sworn, deposes and says that he is the (Gwmer+ (Authorized Agent for Owner) ol 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 to execute this petition on behalf of the owner. SWORN TO AND SUBSCRIBED before me this 44V4---' day Of SQ4;;-��16WU L 1�84 MY COMMISSION FXPIRES; r,,QTA".Y '74: ".7 :'LQ"*A10A AT JA,-1�0� MY C,141�; ji 0 404,0 i;ikv Form 25-83 (SEAL) ROBERT A. KAPLAN & J L'.I.- Notdij'Rublict� State of Flori6o at 1-otgA, rr"M ri LAW OFFrICES 6At1EN0ERG,rAAUPtG, ASKtw, HOPPMAN. UPOrr, POSEN 8, OUCNTtL, P.A. LINDA kOOSAICK ADLER LAWRENCE S. GORDON MICHAE-- 0. ALBERtINt MATTHEW B� GORSON CESAR L. ^LvAmft MELVIN N. GREENBERG $:IUOOLPM 9. ARAGON MARILYN 0. GREENBLATT RICHARD A. ARKIN ROBERT L. GROSSMAN PEUBIN O'CI. ASKEW GARY M. WELD HILAMIE BASS LARRY J. HOFVMAN NORMAN j. 13ENFORO ARNOLD m. JAF�rF- MARK 0. BLOOM MARTIN 9ALB BuRt BRUTON ROBERT A. KAPLAN STEVE BULLOCK TIMOTHY E. AISH ROBERT K. BURLINGTON ALAN 8� KOSLOW ALAN R. CHASE STEVEN J. KRAVITZ SUE M, COSS STEVEN A. LANCY KENDALL S. COFF'Ey STEVEN S. LAPIDUS MARK 6, DAVIS ALAN S. LEDERMAN RAPAEL 0. DIAZ LAWRENCE B. LEVY ALAN T. DIMOND NORMAN H, LIPOFF CHARLES W. EDGAR. M GARY 0. ORSON GA14Y M. EPSTEIN CARLOS E. LOUMIET THOMAS K, EOUCLS JUAN P. LOUMIET RICHARD G. GARRETT DEBBIE RUTH MAONSKY DAVID J. GAYNOR GREGORY A. MARTIN LAWRENCE GOOOrSKY PEDRO A. MARTIN ALAN S. GOLD ALAN M. MITCHEL HARVEY A. GOLDMAN ALICIA m. MORALES STEVEN E. GOLDMAN LOUIS NOSTRO STEVEN M, GOLDSMITH ANTHONY J. O'OONNELL. JR. Aurelio Perez-Lugones .Director, City of Miami Planning and �oning Boards Administration Department 275 N.W. 2nd Street Miami, Florida 33133 BYRON G. PETcPsrN AMSLEA H. MOSS. JR. ALBERT o. QUENTtL OALE S, PIECINELLA 7ACHAPY M. WOLFO NICHOLAS ROCKWELL cr COUNSEL. MARVIN S. ROSE-4 RONALD M. POSIENGAMTEN BAICKELL CONCOURS CAV-0 L. ROSS 1401 SRICKELL AVENUE DAVID P. ROWE MIAMI. PLOPIOA 33131 STEVEN T. SAMILJAN CLIrrOPCI A. SCHUL-AN TELEPWONES MARK SCHWIMMEP MIAMI (305) 579-0500 MART I N S. SHAPIRO GPOWAIRO (305) 523 - 8111 MARLENE K. SILVERMAN TELEX 80 - 312A STUART H. SINGER TELIECOPY (305) 579 - 0718 TIMOTHY A. SMITH DANIEL A. SUCHMAN 340 CLEMATIS STREET, HERBERT M. SUSXIN YOLANDA MELLON TARArA WEST PALM BEACH. FLORIDA 33AOI CAROLYN j. THOMAS (305) 659 -6333 140SEAT H. TPAURIG STANLEY ". WAKSHLAG WRITER'S DIRECT NO: JONATHAN H. WARNER DAVID M. WELLS (30 5) 5 79 -0 60 9 JULIE A. S. WILLIAMSON ,JERROLD A. WISH November 28, 1984 Re: Miguel Del Aguila Application for Amendment of Zoning Atlas for Property Located at N.W. 7th Street and 39th Avenue Dear Mr. Perez-Lugones: This letter of intent accompanies the subject applica tion for an amendment to the City of Miami Zoning Atlas from RG-2/4 (Residential) to CR-2/7 (Commercial) on lots legally described as follows: Lots 4, 5 and 6, in Block 1, of Durham Terrace, according to the Plat thereof, as recorded in Plat B00% 44, at Page 55 of the Public Records of Dade Countyr Florida, The oresent zoning on th1$ site is inappropriate for a number of reasons, Most importantly, the circumstances under which this property was zoned residentialhave qhanged, N.W. 7th Street at this location has evolved into an extremely viable commercial corridor, This change to N.W. 7th Street- has wrre5pondingly changed the complexion of the residential neighborhoQd in this, I . I . �" I I ; .1v . . .0 . , , . , .. '!� . ... . . . Aurelio Perez-Lugones November 28, 1984 Page Two areai relegating it to the local streets rather than fronting on the high intensity traffic corridors. As commercial activity increased here, commercial vehicle and pedestrian traAffic have increased as well. All these factors have significantly changed the aesthetics of N.W. 7th Street making it unsuitable for residential habitation. The present zoning is also inappropriate because most of the abutting property is zoned commercial. The property to the west was rezoned June 8, 1984 from RG-2/4 to CR-2/7 by ordinance No. 9873. The property to the north is zoned CR-2/7. In summary, the remaining RG-2 zones on the south side of N.W. '7th Street between 37th Avenue and 42nd Avenue are vestiges of the past in this rapidly evolving commercial district. The proposed CR-2/7 is appropriate for this site, for a number of reasons. First, abutting properties are similarly zoned CR-2/7. Second, the new commercia ' 1 classification will not alter nor adversely affect the residential patterns in the neighborhood which are stable and should remain so. The change of zoning to commercial will merely be the realization of an existing trend for the subjecIC. property. In summary, the proposed zoning is appropriate because N.W. 7th Street here has become commercial. We urge your favorable consideration of this appli- cation. Thank you for your attention on this matter. RAK/bh Yours very truly, ROBERT A. KAPLAN GiwgcNegRo,TRAW#RIO,A§KgW,Hg,PFFMAN,,1,.IPOFF, R049N ?A OW9NT96,P, A, '99 8- STAM, 4 t%A �844 -Iwo 6hiz day gerore 'na- 4 � L A - � i� - 1 1. --�746d Mlt hb, L %0 V. - abp�ean�d ROSEAT A. XAPLk*l who bdiP4, by te ftrzt' dUIY two"Mfo upoft oath. deposes and 3ayt: 1. Th-tt he is tM *,,tnero or the legal r-�pretefttatwive Oft %-&he sub=,'t'�.,ing the application for a public hearir6g as required by or,43,1�-,Co 10, 9500 ofthe Cod- of the C" of Miami, IF10--idat ,_ t 14 A. effec,,W-Lr�&, the real property 'Located in- the City or as described =,d listed ori the pages atta,clhed to this affida.vit and made a tartz, -�.Ihereof. 2. That P11 veners ..;hich he -,ep-.esentQ-,. J""' arri, lhave given theiA- full ar2. co.-n.leCe perrisSion for him to act in their belha� for '�he cha=ge or of a cl_rSsificc,ltion or reg7,illation of as S'et cut -"'-& �,_= -he pages attacheed hereto and rade a pan of this 3. That. arr�, iciavit cc,-,ta—',-i the cu--,er,-. ad,'--e--ses, phcne n,-,7..-e-.s and le-1 d9sc_--_;z-4crLs for- real w*=c'n he is the vaner o.- legal %�4 & - r representative. 4. The facts -Ps repriesented in the a;:;1ica-.J;.cn and d0_-,=.=_.-,,:s su-mnit-ed 4.-1 ccnj=.-_-.icn -aith this P_ffidavit are true and cc.—. ect. )_ther Alf- t swie?*h not. to and Subscrio-ed before me On5i - 4 z 4 , th.-:, s ��day . f. - _S�. 19 8 4 Nota:-,f Public, Slw*ate of Florida at Large on F--.:-,4 res: NOUV Pl)!!,!C ST%T! C,.! AT �ARGF M 7 CCI, *. '. - I ..-. " t,.-" i � -,-� - � ..; . �,, � , 13 )Y 8 5 CC14;-"J) CIAU '^4 1..*,) v Z� T (Narne) ROiZ��L A. KAPLAN OM tbiq'S L I ST OwhOr'S NaMe Ht= tM ACJ=o t=O M tA 14= t9 .. V-1 TeIOPhOne NuMber 0 05) 541-6 790 Legal htariptitml. Lott 41 St & 6) lalock 1p Durham Terrace, as ro-corded in Plat 44 Paqe 55 of tho Publid Records of Dado Courityo Plorida Owner's Name Mailing Address Telephone N'ur.iber Legal Description: Any other real estate property owned individually, jointly, or severally (by co.-poration, partnership or privately) within 375' of the subject. site is listed as follo-ds: Street Address Lecal Descriotion Street Address Lecal Descriotion Street Address Legal Description I AONL Pig= t= OP 04MM1011P k 1. L4gal 6tteription w�d street address of sub�em real prope M-,. Lott 4, 5 & 6t Block ij burham Torracet at' recorded in PlAt Book 44 Page 55 of the Public RdCb-tda - Of bAdo C6Uftt7 t'10rida. t/ 46- Owner(s) of tuu!J"Otit. real proi.ft" �,,r 'Lhd- percent ace of ownavthlip. Note! City of M=i Ordinance No. 5419 tequires distlotu�n of all paM-ies having a 14,11ftancial interest, either direct or Indirect., in the gubjtet matter of a presentation, request or pttit-ion to the City Co=jgaitn. Ac=r6ingly, qte8ti0n 42 requires disclosure 04 all sharehol6krr. oE corporetiont# bene�lciariet ot� trutts, and/or any other interested partiett tc);ether with their addtestes and p==,rtiomtt interest. NAME -AD 0 R8 8 PERCtNTAGE OF O%TIERSHIP Miguel Del Aquila 3859 N.W. 7th Street 20% Miami, Via. Emilio Do La Cal It 20% Marco De La Cal it 20% Raul Garcia It 20% Manuel Reyes 20% Legal description and street aiddress of any real pronerty (a) by any party listed in anv-4er to question -22, and (b)-located within ownea 6. real property. 375 feet of the subject Not applicable t-*-45k--0R A'-M-0IrNt--4 FOR/0�RZER ROBERT A. KAPLAN STATE OF FILORIDA SS COUNNITY OF DADE ROBERT A. KAPLAN being duly swo=f depo'ses and says that ne . s the (C-wner) (Attorney for O%mer) of the real property described in answer to question 41, abovel that he has read the foreg i - 17 OIX)g answers and that the sane are true and =nplete; and (if acting as attorney for owner) that he has aut-hority to execute this Disclos=e of Ownership form on beba.1f of the owner, RpERT 9zo-A-PLA/ before this vt�=- r- S 4 day of sei "low. rloriaa at Large NQTARY PVe�lrw cvT V:, OF RC&IDk AT:LARCI V Y PQNP'vP TH&V IN5, WNPrWRI40 STA2t OF FLOR Alto, being duly mrhp am salm that he LS M duly =PP037tea the owrier of the real propot-rty dascribe'd ir, answer to question -TIt -awve" that he hm read the for"oing answers-, that the same are true and pletet and that he hag the authority tz) execute thIA bisclosure of Oomar_ ship to= on behalf of the MAI) "I TO PM SMSM= me this 6ay of L'�ta�y/-r=llco State ot Flozada att La=e Mly i2. mv M CU.LSUSSIM, mcp= AN ORDINANCE AMENDING THE ZONING ATLAS OP ORDINANCE NO. 9500t THE ZONING ORDINANCE OF T14-8 CITY OF MIANItt PLORIDAt BY C14AN031NO THE ZONING CLAS81PICATION OF APPROXIMATELY 3898 NORTHWEST 7TH 8TRESTt MIAMIt VLORIDAt (MORE PARTICULARLY DESCR18ED HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (,COMMUNITY) MAKING VtN0tNGS#- AND BY MAKING ALL THE NECESSARY CHANGES ON PA68 NO. 12 05 SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REPERENCE AND DESCRIPTION IN ARTICLE 3t SECTION 300t THEREOF; CONTAINING A REPEALER PROVISION AND A StVERABILITY CLAUSE. WHEREAS, the Miami Zoning Boardt at its meeting of January 7, 1985, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 1-85t 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 intqrest 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 3898 Northwest 7th Street, Miamif Florida, more particularly described as Lots 4, 5, and 6, Block, 1p DURHAM TERRACE (44-55) of the Public Records of Dade County, Florida, from RG-2/4 General Residential to CR-2/7 Commercial Residential (Community). section 2. it is hereby found that this zoning classi- fication 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 hot out of gCale with the meodt of the noighboth6dd or the city; 0 Will not fhatetially alter the population density pattern or increase or overtax the load on publit facilities tuch as schools, utilitiedt 8treet9t etc.; (f) It necessary due to changed or Changing L'16Mditi0ft9,' (g) Will not advertely influence living conditions in the neighborhood-, (h) Will not cte.ate or excessively increase traffic congestion or otherwise affect public safety; M 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 develop- ment 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. 32 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"Preflect the changes made necessary by these amendments. Section 4. All ordinances, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this day of , 1985, PASSED ON SECOND AND FINAL READING BY TITLE ONLY this day of 1985, KAMM &'- 7-7-F E RRZ'-, - I PREPAM ANb APPROM SY! m G6 MIRIM, 'NIIAER Attittaht City Att6tnoy -000% APPROVED,Ae�'OAM ANn CORR8CTNE88! LAU%J.L�m �O"` City At rMey GMM/wpc/ab/421 F, 0 pit :rry oF I-IWMI. ;rLOPIOA Randolph B. Rotencrantz February 14, 1985 I CitImmanager - RECOMMEND APPROVAL UBJECT: ORDINANCE CHANGE OF ZONING 3898 NW 7 STREET Au erez- ug es 64EFERENCES: Director COMMISSION AGENDA - MARCH 28, 1985 Planning and Zoning Boards ENCLOSURES: PLANNING AND ZONING ITEMS Administration Department 6 It is recommended by the Zoning Board that the Change of Zoning Classifica- tion in the Official zoning Atlas of Zoning Ordinance 9500, as amended, from RG-2/4 General Residential to CR-2/7 Commercial Residential (Community) for the property located at 3898 NW 7 Street.be approved. The Zoning Board, at its meeting of January 7, 1985, Item 1, following an advertised hearing, adopted Resolution ZB 1-85 by a 9 to 0 vote, recommending approval of a Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, from RG-2/4 General Residential to CR-2/7 Commercial -Residential (Community) for the property located at 3898 NW 7 street, also described as Lots 4, 5 and '6, Block 1, DURHAM TERRACE (44-55). Six objections received in t he mail; two replies in favor received in the mail; three 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 the consideration of the City Commission. AEPL: 111 cc: Law Department NOTE: Planning Department recommends: APPROVAL ZONING FACT SHEET LOCATION/LEGAL 3898 NW 7 Street Lots 4,5 and 6 Block 1 DURHAM TERRACE (44-55) OWNER/APPLICANT Miguel Del Aguila, Emilio De La Cal, Marco De La Cal, Raul Gaecia, Manuel Reyes Intercontinental Bank Building, Suite 210 3899 NW 7 Street Miami, FL 33126 Phone # 541-6790 Robert A. Kaplan, Esq. (Attorney for Applicants) Greenberg, Traurig, et al. 1401 Brickell Avenue Miami, FL 33131 Phone # 579-0500 ZONING RG-2/4 General Residential REQUEST Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, to CR-2/7 Commercial Residential (Community). RECOMMENDATIONS PLANNING DEPARTMENT PUBLIC WORKS- DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD CITY. COMMISSION APPROVAL. The requested change will not be at od6s--wi'fh the existing land uses in the area. It is also consistent with previously recommended zoning change to the West of the subject property. The north side of 7th Street is completely zoned for commercial use and it is ninety percent developed commercially. No dedication is requested No comment At its meeting of January 7, 1985, the Zoning Board adopted Resolution Z8 1-85 by a 9 to 0 vote, recommending approval of the above, At its meeting of March 28, 1985, the City Commission passed the above on First Reading, .. .40 t t4 13 12 10 T. S 2 0 "20 Is .a 16 0) 16 3 6 13 6 04 400 Opp— 7 7 to 9 to 2 73 7 NN (-C E N T R A L S'HOPP ING PLAZA PD-.HC/7 T R A C T "A" S3 87 $32 0 9 8 7 1 17 Is 19 a 2 1 2z M 241 12 I C.- WEST f 6 S T. A M U C E N 10 9 6 3 3 2 1 6 17 18 19 2Q 21 22 23 Z4 NV. T E R. I I AM"tP.1 3 Z I 1 Z3 9 4 7. 1 9 10 1 1 lz Fill A�611� 704 tk a-4 Alt I It W , � Ov k & 4jg% 4K-. It 57 41� 011K, V.V n W- -dpo. I 41�1%� I I : TA i r 7'M vr 16 - �A' N' 71 ..... . . . . . . _S'T IL Ni -#z 4j till RF 7A of JU 91 A4 Iry qp cl S T AlowliAl '"MI 9 er, 'r 9 ZD January 7, 1985 13898 NW 7 St', AS AF H-10-2 APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83- ROBERT A. KAPLAN hereby apply to the C! ty Commis - of Mia ' sion oi the City of Miami for -an amendment to the Zoning Atlas of the (Zity ml as more particularly described herein and, in support of that request, furnish the following information: x 1. Addressof property 3898 N.W. 7th Street, Miami, Florida' x 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to application) x 3. Affidavit disclosing ownership of, property covered by application and disclosure of inf erest form (Form 4-83 and attach to application). x 4. Certified list of owners of real estate within 3751 radius from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application.) x 5. At least two photographs that show the entire property (land and improvements). x 6. Atlas sheet(s) on which property appears 32 x 7. Present Zoning Designation RG-2/4 x 8. Proposed Zoning Designation CR-2/7 x 9. Statement explaining why present zoning designation is inappropriate. (Attach to application) x 10. Statement as to why proposed. zoning designation is appropriate. (Attach to appli- cation) 11. Other (Specify) 12. Filing Fee of $ 1,928-77 according to following schedule: (a) To: RS- 1, RS- 1. 1 IRS-20 0.04 per sq.ft. of net lot area, minimum RG- I I PDwHp PDwHCp N00.00 (b) To; RC-21 RG-2. 11 0.06 per sq.ft. of net lot area, minim.vrn RC-2-31 Ro- It B50.00 RO_2.1 W To.- RG-2,21 RG-3p 0.08 per sq,ft, of net lot Qrvot min1mvrn RO-3 M0,00 (d) To-. CR- I j CR-2f 0.10 per sq.ft. of ne.t lot area, minimum CR-31 0-1 t Cc- I t V00.00 CG.2) Wr-It WF.R) 1-10 1-2; SPI-1)2,5,7, 8t91111912 (e) To.- C130-11, SPI-6 0.12 per sq.ft. of net lot area, minimum �600.00 (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 classificationp 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 62-61) 4 Signature Name ROBERT A. KAPLAN, ESQ. Greenberg, Traurig, et al. Address 1401 Brickell Avenue Miami, Florida Phone (30 5) 5 79-0500 STATEOFFLORIDA SS: COUNTY OF DADE ROBERT A. KAPLAN being duly sworn, deposes dnd says that he is the 04i_t&4 (Authorized Agent for Owner) of the real property described in answer to question #11, 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 petition on behalf of the owner. JSEAQ ROBERT A. KAUAN SWORN TO AND SUBSCRIBED before me this- 6/e day of 11�84 Notary Public, State of Flor ciiactt rgf-� MY COMMISSION EXPIRES: C L"i'.10A AT MY C Form. 25-83 . . . . . . . . . . . . ... Ep"M IC I " �0.1 _. (d) To,. CRm It CR4t, CIR 30 0-1 t CG_ I I CC;:2t WF—It WF-R9 I� I t 14; SPI- I t2t597t 899ol IoI2 0. 10 per sq.ft. of he.t lot area, minimum 500.00 (e) Tot CSD-I, SPI-6 0.12 per sq.ft. of met lot area) minimum �600.00 (f) For any change in a sector nurfiber only, for a particular district clossifica- tion, the fee shal I 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 62-61) Signature c;. xzr, Name ROBERT A. KAPLAN, ESQ. Greenberg, Traurig, et al. Address 1401 Brickell Avenue Miami, Florida Phone (30 5) 5 79 —0 50 0 STATE OF FLORIDA SS: COUNTY OF DADE ROBERT A. KAPLAN , being duly sworn, deposes drid says that he is the (Gwmer+ (Authorized Agent for Owner) of 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 petition on behalf of the owner. (SEAL) ROBERT A. KAPLAN SWORN TO AND SUBSCRIBED before me this day 1984 of S1Q;4teffbErr1, A Notary Public, State of Florir;o at Largo., MY COMMISSION EXPIRES; C7 - L-1-1'40A AT 1.%;;_-,c PA Y 11'j) "4 Form 25-83 LAW OFFICES (30ttNMICAG, TRAUMIG. ASKeW, HoIrFMAN, LIF50FIr. POSMN & OUENTtL. P. A, LINDA KO0&R1dK A0LrP LAWRENCE 9. GORDON MICHAEL 0. AL131cotiNt MATTHEW 8; CORSON 15YPON 0. oetvktics CESAR L, ALVAPrZ mri.vtN N. GREENBERG ALBERT 6. OUENTIEL RUDOLPH r ARAGON MARILYN 0. GREENBLATT OALE A. RECINELLA RICHARD A. ARKIN PosEAt L. dpossmAN NICHOLAS ROCKWELL REU13IN Or 0, ASKEW GARY M. HELD MARVIN S. ROSEN HILAME BASS LAPPYJ.HarrMAN RONALD M. ROSENGARTEN NORMAN J, SrNrOR0 ARNOLD M. JAr1rIEE DAVID L. ROSS MARK 0. (BLOOM MARTIN RALS DAVID P. ROWE BURT BRUTON ROBERT A. KAPLAN STEVEN T. SAMILJAN STEVE BULLOCK TIMOTHY It. KISH CLIFPOPO A. SCHULMAN ROBERT X. BURLINGTON ALAN 8. KOSLOW MARK SCHWIMMILP ALAN R. CHASE sTEvrN j. KRAVITZ MARTIN B. SHAPIRO sue M coos STEVEN A. LANOY MARLENE K. SILVERMAN KENDALL S. COFrEY STEVEN B. LAPIDUS STUART H. SINGER MARK B. DAVIS ALAN S. LEDERMAN TIMOTHY A. SMITH PArArL 0. DIAZ LAWRENCE B. LEVY DANIEL A. SUCHMAN ALAN T. 01MONO NORMAN H. LIPOFF HERBERT M. SUSKIN CHARLES W. EDGAR, rM GARY 0. LIPSON YOLANDA MELLON TARAFA GARY M� EPSTEIN CARLOS It. LOUMICT CAROLYN J. THOMAS THOMAS K. COUELS JUAN P. LOUMIET ROBERTH.TRAURIG RICHARD G. GARRETT DEBBIE RUTH MALINSKY STANLEY H. WAKSMLAG DAVID J. GAYNOh GREGORY A. MARTIN JONATHAN H. WARNER LAWRENCE GOOOFSKY PEDRO A. MARTIN DAVID M. WELLS ALAN S. GOLD ALAN M. MITCHEL JULIE A. S. WILLIAMSON HARVEY A. GOLDMAN ALICIA M. MORALES JERROLD A. WISH STEVEN It. GOLDMAN LOUIS NOSTRO STEVEN M. GOLDSMITH ANTHONY J. O'OONNELL, JR. November 28, 1984 Aurelio Perez-Lugones Director, City of Miami Planning and Zoning Boards Administration Department 275 N.W. 2nd Street fliami, Florida 33133 AMBLER W. Mots, JR. tACHARY W. WOLPO Do, COUNSEL 814ICKrLL CONCOURS 1401 SPICKELL AVENUE MIAMI, rLOPIOA 13131 TELEPHONES MIAMI (305) 579-0500 I§*OWAA0 (105) 523 - 8111 t*Ltx SC) - 3124 TELZCOPY (3097 5719 -0718 340 CLtMATIS STREET WEST PALM BEACH, rLORIOA 33401 (305) 659-6333 WRITER'S DIRECT NO: (30 5) 579-0 60 9 Re: Miguel Del Aguila Application for Amendment of Zoning Atlas for Property Located at N.W. 7th Street and 39th Avenue Dear Mr. Perez-Lugones: This letter of intent accompanies the subject applica- tion for an amendment to the City of Miami Zoning Atlas from RG-2/4 (Residential) to CR-2/7 (Commercial) on lots legally described as follows: Lots 4, 5 and 6, in Block 1, of Durham.Terrace, according to the Plat thereof, as recorded in Plat BooX 44, at Page 55 of the Public Records of Dade County, Florida. I The present Zoning on this site is inappropriate for a number of reason5. Most importantly, the circumstances =-der which this property was zoned residentialhave changed. N,W. 7th Street at �his location has evolved into an extremely viable cQmmergial qor-ridQr. This change to N.W. 7th Street has correspondingly changed the complexion of the residential neighborhood in this f ki Aurelio Perez-Lugohes November 28y 1984 Page Two areao relegating it to the local streets rather than fronting on the high intensity traffic corridors. As commercial activity increased here, commercial vehicle And pedestrian traffic have increased as well. All these factors have significantly changed the aesthetics of N.W. 7th Street making it unsuitable for, residential habitation. The present zoning is also inappropriate because most of the abutting property is zoned commercial. The property to the west was rezoned June 8, 1984 from RG-2/4 to CR-2/7 by ordinance No. 9873. The property to the north is zoned CR-2/7. In summary, the remaining RG-2 zones on the south side of N*W. '7th Street between 37th Avenue and 42nd Avenue are vestiges of the past in this rapidly evolving commercial district. The proposed CR-2/7 is appropriate for this site, for a number of reasons. First, abutting properties are similarly zoned CR-2/7. Second, the new commercial classification will not alter nor adversely affect the residential patterns in the neighborhood which are stable and should remain so. The change of zoning to commercial will merely be the realization of an existing trend for the subject property. in summary, the proposed zoning is appropriate because N.W. 7th Street here has become commercial. We urge your favorable consideration of,this appli- cation. Thank you for your attention on this matter. Yours very truly, ROBERT A. KAPLAN RAK/bh i; J11 4 STAM Or" 1141iDA) SS, ae ft J�r hi. 'Jig- �4"_' CI I ��' %I . day tt,-6r.0 ly appewred ROMMT A. KAPLAN Qk�, �.ho boing by te tir'st duly IaOM, upon 0ath, deposes =d t&rw: 1, 71,,At he 'is the o-wtitr, or the legal represefttat ive Of tihe vo.1ler, submitting, the actc.n.-pitr w 11 application for a public he��_-rg as re(�aired by Or-di=nco, No, 9500 of the Code of the City of Miamij Floridat etrectingr the real property "Located in the City of MiAti as do-teribted and listed on the pagis attcach.ed to th�is affidalvit and mde a part thereof. 2. That all veners which he represents,. if any, have given their ftill and co=Iete -erm.'ssicn for him to act in their behall for the char-g-e or -n-v-11ricattion of a classi,�--cation or regulation of zoning as kt out in the acccn.,=nytrg �.-_titicn. 3. That the pages tcacheed hereto ane. r*de a part of t& Ji S affidavit cc.-.ta-',,i the cu:rent rzrnes, rrailiz".g addresses, phone nt:-Ibers and legal descriptions for the real -rc-erty %iihii ch he is the _aaner or Ieg=I recresentcative. 4. The facts -as represented in the application and su,'t-nitted in conj=nction .-.-ith this affidavit are true and co.—L ect. Aurther Alfiant sayeth not. to and Subscni*bed before me t1i 3 day of. 19 8 4 DI.qta_-j Public, SkI.-ate of Florida at Large mv Gc:rrission Expires: NOURY PUINX c",,4,77 07 AT 1,ARa 1 L) I e (Zr or L (Name) ROBART A. KAPLAN e �LJAT Co � I. , S ti ames A(11= t ra=o tz tA LMA= tz tA ffttetwritinent-11 8ank nuildingo guite 210 Mailing Addron Telephdne NOW L�gal NscriptioM: Lots 4t St & 61 Slock 1, 'Durham Terracep aa recorded in Plat 44 Paqo 55 of the Public ftecbrdA of Dade Countyt VloridA Owner's Narne I 1-11ailing Address Telephone Number — Legal Description - Any other real estate property owned individually, jointly, or severally (by cor-oration, partnership or privatel�) within 375' of the subject site is listed as follows: Street Address Lecal DescriotIon 0 10 Street Address Leoal Description Street Address Legal Description a L"al der-CriPt�iOA W�d street address Of -90jeCl. real pr0peftV.-. Lots 41 5 & 6t Block I# Outham Terraceo as' recorded in Plat 8obk 44 Page 55 of the Public ftecbrds.of bade County# PlOrida. F I-, Owntr(s) Of tuiljt�ft real of owner". thip. Note! City of Miami Ord=-ance No. 9419 requires dis ablova"W^ cloat�te of all partita having a financial ihterestt either direct or indirtctf in the wbteft- matter of a presentation, request or petition to the City Commission. Accordingly# Vestim 472 rtquirez disclosure of all shareholdbrs of c0rP0rat'6ft.St beneficiaries Of trusts, 1�rh/or any other interested Parties, together with their addresses and proportionate interest. NAME Ant)RES(S - PtACtNTAOt OF OWNERSHIP Miguel Del Aguila 3899 N.W. 7th Street 20% Miami, Fla. Emilio ne La Cal 20% Marco 00 La Cal 20% Raul Garcia 20% Manuel Reyes 20% 3. Legal description and street 'address of any real property (a) owned by any party listed in answer to question IT2, and (b)- located within 375 feet of the subject real property. Not applicable VW5t-eR A=FI4EY- FOW04F-10 ROBERT A. KAPLAN STATE" OF r-WRIDA SS: COLTNTY OF DADE ROBERT A. KAPLAN being auly swornp deposes and says that ne is the (Grwner6) (Attorney T—or Oumer) of the real property described in answer to question ITI, above; that he has read the foregolm- answers and that the s=)e 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) ROBERT A7.' KAP SWOR4 M Nv SM-SC=ED before m this 1,01� 1; 49 A lax V 4f Nozary- Rolic a 0 0- rloraa at Large, NQTARY PU?Vr� 5T,7% qF ft0IIPA,, AT W01 JAN , :�O. 190 'W4 1�.5. OF DADE A/ Lmg duly mmfto depoms am 'C I ') - talps tEat he ap A .4�41 �4-- the owner of the real property described Ift Aftswer to questien 1,10 a=ve" that he hat read the fortgoing ariswern that the sme are true and obtl- pldte: aM that he haS ihe authemity 'to execute this Disclosure of owyler- thip form, on behalf of the w*r. TO b&-f are this day Of! C/ Lq0ta�y/p=lic, State of Florida at Large 5LIC cl Mcr.*6 M! CCMNaSSICN' &VIRES: ----Novo J-85-261 1/s/85 oRntNANC8 NO. AN ORDINANCE AMENDING THE ZONING ATLAS, OP ORDINANCE NO. 950U0 THE ZONING ORDINANCE OP THE CITY OF MIAMIt FLORIDAt BY CHAN131NO THE ZONING CLASSIFICATION 05 APPROXtMATELY 3858 NORTHW98T ITH 8TREETt MIAMI, PLORIOAt (MORE PARTICULARLY DESCRIS80 H9R8tN) FROM RO-2/4 GENERAL RESIDENTIAL TO CII-2/7 COMMERCIAL RESIDENTIAL (-COMMUNITY) MAKING FINDINGS; AND BY MAKING ALL THE REC888ARY CHANGES ON PAGE No, 32 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 31 SECTION 300o THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Boardt at its meeting of January 7, 1985f Item No. 1, following an advertised hearing, adopted Resolution No. ZB 1-85, by a 9 to 0 votet 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 intgrest 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. 9500p the zoning ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of approximately 3898 Northwest 7th Street, Miamir Florida, more particularly described as Lots 4, 5, and 61 Block 1, DURHAM TERRACE (44-55) of the Public Records of Dade County, Floridar from RG-2/4 General Residential to CR-2/7 Commercial Residential (Community). Section 2. It is hereby found that this zoning classi- fication change; (a) Is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) Is not contrary to the established land Qse,pattcrn; (c) Will not create an isolated district' unrelated to adjacent and nearby districtsi 90. 99 , so (d) tg hot out of gCale with the needs of the heichb6thood or the city) (e) Will not materially alter the6 population density pattern or increase or overtax the load On Public! faCilitieg such at school9p Utiliti4gp qtteet90 eto (f) It n6ceggary due to changed or changing d0nditiohat, (g) Will not adversely influence living cohditiOnt in the neighborhood; (h) vJill not cre.ate or excessively increase traffic congestion or otherwise affect public safety,, (i) will hot 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 develop— ment 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. 32 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, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi— nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 28th day of March 1985. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this day of 1985. KAMCZ A.� FSRRE�Kbiydr' hTTE5T: city cltrk Ire., P99PARO ANO APPAMD 811! G, MIRIAM 'MAER Atgigtaht City Attothey -MOO" APPROVEb,,Ad::4 �'OPW AND CORRECTNE88,. LUCIA A.-DUUGH Y city Attorney7 GMM/wpc/ab/42� 11 MIAMI REVIEW AND DAILY AtCoRb Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida, STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyle, who on oath says that she Is the Supervisor, Legal Advertising of the Miami Review and Daily Record. 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. 9986 In the ....... X X X ................................. Court, was published In said newspaper In the issues of April 25, 1985 Afflant further says that the said Miami Review and Daily Record 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 n 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 sany discount, commission or refund to In ose of ecuring this ament for oublication Icifft set Inewspaper. -:!1svitim it) and SLtris.464' 'Ajore me this rz 2 5th A AM-19 day of N A &b a J. %r ks- t a ic,�_Ms' ol Florioa at Large an 4' (SEAL) My Commission expi($8 Oynor MR 111-1 Ali lihiefftfad POW51119 *111 talto h6tidis thit Oh the 18th'day dApfil. 11085, the City CoffithIM10h of M16MI, NoHda, 060ted th@ fibliftft titled 6i`dIfltkl1da(6)� 6hbINANCE NO. §084 AN ORDINANCE AMENDING THE 26NINO AtLAS OF OAbi- NANCE No. 0600, tHLE 26NINO ORDINANCE OF tHt CItY OF MIAMI, FLORIDA, 13Y CHANGING tHt ZONING CLASSI. rICATION 01: PROPO4fitt LOCATED At APPAOXIMAttLY 1011,745 NORTHWEST 6fH AVENUE (EAST SIDE ONLY), SlWi (Wt SIDE ONLY) AND ?06-146 (WEST SIDE ONLY)'OP NORTHWtSt 6tH AVENUE, %UTH 60E) AND 4"? (NORTH SIDE) OF NOAtHV1t9T 8TH STA�tt AND APPM(5X, IMATILLY 128-146 NORTHWEST 4TH AVENUE (WEST SIDE ONLY), tMORE PARTICULARLY DESCRIBED HtREIN); FROM A03-2/6 GENERAL AESIbtNtIAL TO 0R,116 COMMERCIAL RESIDENTIAL (NI5I0HB6PlHOOb); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 23 AND 36 OF SAID ZONING ATLAS� CONTAINING A AtPEAL0 PROVISION AND A SEVIEkAbILITY CLAUSE, ORDINANCE NO. 0985 AN OROINANbE AMENDING THEZONING ATLAS OF OPbI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THF_�HC-1- GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "SUNSHINE FRUITS COMPANY INN," LOCATED AT APPROXIMATELY 8940 MAIN HIGHWAY, (MORE PARTICUi LAFILY DESCRIBED HEREIN); MAKING FINDINGS; ADOPTING AND INCORPORATING BY REFERENCE THE "DESIGNATION REPORT," AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 48 OF SAID ZONING ATLA% CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 9986 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 3898 NORTHWEST 7TH STREET� MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) MAKING FIND. INGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 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. ORDINANCE NO. 9987 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,, BY AMENDING SECTION15170 ENTITLED "SPI- 17: SOUTH BAYSHORE DRIVE OVERLAY DISTRICT." BY CLARI- FYING LANGUAGE IN RELATED SECTION 15171 ENTITLED "INTENT," TO INCLUDE THE COCONUT GROVE VILLAGE CENTER; FURTHER, BY AMENDING SUBSECTION 15172.2.1 ENTITLED "PUBLICLY ACCESSIBLE PARKING," BY REDUC- ING THE MINIMUM THRESHOLD� OF REQUIRED PARKING SPACES NECESSARY FOR THE FLOOR AREA RATIO BONUS, AND INCLUDING THE COCONUT GROVE VILLAGE CENTER AS A DESIGNATED MAJOR PUBLIC ACTIVITY CENTER;. CONTAININGA REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 9988 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OFTHE CITY OF MIAMI,� FLORIDA, BY AMENDING SUBSECT16N 2003.7.2 ENTITLED' MAXIMUM FLOOR AREA PERMITTED IN ACCESSORY CON- , Ln VENIENT ESTABUSHMENT," BY ABOUSHING,THE TEN PErr., CENT (10%) BONUS, IN RG-2.2 RG-3, ]RO-3, AND RO-A DIS- TRICTS; SUBSECTION 2DO3.7,3 ENTITLED "ACCESSORY COW VENIENT ESTABLISHMENTS, USES PERMITTEP,'!.By. AUTHORIZING TRAVEL AGENCIES AS A PEIRMISSIBILE� ACCESSORY CONVENIENCE ESTABUSHMENT IN CERTAIN HOTELS IN THE RG-2-2. RG,3, RO-3 AND 0-1 DIS RICTS .- T SUBJECT TO SPECIAL EXCEPTION APPROVAL. FURTHEk� AMEENDJINQ PAGE 3 OF THE OFFICIAL SCHEDULE QF�DIS-; TRICT REGULATIONS UNDER "US96 AND STRUQTUR9S1"�1 TO PROVIDE THAT ACCEWORY CONVFENIENCE� ESTABIL161ill- MENT6 ARE PERMIMBILE IN RO-30 ROA AND Oil DISTRICTS SUBJECT TO REQU)REMENTS AND LlMITATIQNS�OFSEQ- TION RM-7 OF THE ZONING TEXT, CONTAINING A REPEALER PROVISION AN 0 A 65VIERADI ILITY CLAUSE, ORDINANCENIDI M9 AN ORDINANCE AWNPINQ PAGE 2 OF -THel WIC114 SO�EDU4EQFPISTRICTRF,GV�ATION$,QFQRPINAN09,.: - NO, OW, THE ZONING ORDINANCE OF THE CITY OFMIAMI, FLORIDA. UNDER , "PRINCIPLES JJSES AND STRUCTURES#" REGIONAL RAPID TRAMIT WAT91M �� AND': PROHIUMNO PRlV9,THRQUGH.FAQILl TIES; FURTHER, PACIVIDINO VIN` 14MUM OFF70TREr;T,PARKINO��REQUIRF.MFNTS-,.IN�� , THE, AFOR9641P DJr5TRlQT;,Q0NTAlNlNQ'A :"(46" LA $I0.NAN]PAr?ivvQ4,Ty c P4,,7 CITYVMRK:" f of A. orm, IA tfil&%%