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Home My WebLink AboutM-84-04773 -84 -10 4/9/84 AN O INANCE AMENDING THE ZONING ATLAS OF ORDIN NCE NO. 9500, THE ZONING ORDINANCE OF THE CI .Y OF MIAMI, FLORIDA, BY CHANGING THE ZONING%CLASSIFICATION OF APPROXIMATELY 3663 NORTHWE;T FLAGLER TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG - 1/3 C .NERAL, RESIDENTIAL (ONE AND TWO FAMILY) lip CR - 2/7 COMMERCIAL RESIDENTIAL (COMMUNIT); BY MAKING FINDINGS; AND BY MAKING ALI THE NECESSARY CHANGES ON PAGE NO. 33 OF SAID, ZONING ATLAS MADE A PART OF ORDINANCE \ CIO. 9500 BY REFERENCE AND DESCRIPTION 'ON ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zo \ng Board, at its meeting of April 2, 1984, Item No. 3, follow,ng an advertised hearing, adopted Resolution No. ZB 29 -84, by at5 to 1 vote, RECOMMENDING DENIAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commissi., after careful consideration of this matter, and notwithstandin•the denial of the Zoning Board, deems it advisable and in the est interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as h einafter set forth; NOW, THEREFORE, BE IT ORDAINED B THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas o Ordinance No. 9500, the zoning ordinance of the City of Miami, F1•, ida, is hereby amended by changing the zoning classification • approximately 3663 Northwest Flagler Terrace, Miami, Florid: -, more particularly described as Lots 9, and 12, Block 9, T E VTii STREET MANORS (5 -59) of the Public Records of Dade County, F rida, from RG -1/3 General Residential (One and Two Family) to R -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 >mprehensive Neighborhood Plan; (b) Is not contrary to the established land use attern; ORDINANCE NO. DENiEb e v Mc n ON 84-477 (c) Will n� eate an d mated district unrelated to adjac (d) Is not out of scale with the needs of the neighborhood or the City; (e) Will not materially alter the population nueensity pattern or increase or overtax, etc.; facilities such as schools, utilities, streets, (f) Is necessary due to changed or changing conditions; (g) Will not adversely influence living conditions in the neighborhood; (h) Will not or create or otherwise affectspublic increase traffic congests 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. 33 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 day of , 1984. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this day of . , 1984. MAURICE A. FERRE, Mayor 84'"`4'7 mmisamom mmmumw Amining MEEMEK mommor PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: 1' J c ROM Howard V. Gary Ci ,Manager io E. Perez- . ugo es Dir + / Planning and Zoning Boards Administration Department CITY OF MIAMI. FLORIDA INTER- OFFICE MEMORANDUM DATE: SUBJECT REFERENCES ENCLOSURES AEPL:111 cc: Law Department NOTE: Planning Department recommends: DENIAL FILE April 3, 1984 ORDINANCE - RECOMMEND APPROVAL 'CHANGE OF ZONING APPROX 3663 NW FLAGLER TERRACE COMMISSION AGENDA - APRIL 26, 1984 PLANNING AND ZONING ITEMS It is recommended that the Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, from RG -1/3 General Residential (One and Two Family) to CR -2/7 Commercial- Residen tial (Community) for the property located at approxi- mately 3663 NW Flagler Terrace be approved. The Zoning Board, at its meeting of April 2, 1984, Item 3, following an advertised hearing, adopted Resolution ZB 29 -84 by a 5 to 1 vote, recommending approval of a Change of Zoning classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, from RG -1/3 General Residential (One and Two Family) to CR -2/7 Commercial - Residential Ter for located approximately lock, Flagler ELFTH STREETMANORS Terrace, also One objection received in the mail; one opponent present at the meeting; one proponent 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 of the City Commission. 84-47: EMt MOW rw�w : K�4i.'. �`:"., rJ�. a: �?. �?� ?r.`..'Q`.r.�.�r, /.�#"•�1,,5 LOCATION /LEGAL OWNER /APPLICANT RECOMMENDATIONS PLANNING DEPT, ZONING BOARD ZONING FACT SHEET Anthony R. and Elizabeth A. La Rossa 3665 NW Flagler Terrace Miami, FL 33125 Phone # 642 -8110 f'< Approximately 3663 NW Flagler Terrace Lots 9 and 12 Block 9 TWELFTH STREET MANORS (5 -59) Agustin A. Perez - Cervera (Attorney for Applicant) 300 Sevilla Suite 201 Coral Gables, FL 33134 Phone # 448 -4053 ZONING RG -1/3 General Residential (One and Two Family) PUBLIC WORKS No dedication is requested. REQUEST Change of zoning classification in the official Zoning Atlas of Zoning Ordinance 9500, as amended, to CR -2/7 Commercial Residential (Community). NOTE: On February 28, 1984, the City Commission passed notion M -84 -215 which reads: "A motion referring back to the Zoning Board, pursuant to revised application proferred by Agustin Perez, Esq. on this day for purpose of rehearing the revised application, a request for change of zoning classification from RG -1/3 to CR -2/7 on property located at Approximately 3665 -67 NW Flagler Terrace" as per page 2 of the City Clerk reports. DENIAL. There is no need or justification for addi- ti nal commercial zoning in this area, save serving the special interest of the applicant to legalize an illegal use of a residential structure for office use. The subject site has the opportunity to be used for side transitional use for office development which would eliminate the illegal office use to the east and the need for the requested change of zoning. A further insurance that transitional use would not extend further to the east of the subject property, if rezoned would be to rezone all but the easterly foot or two of the subject property. At its meeting of April 2, 1984, the Board adopted Resolution 713 29 -81 by a b to 1 vote, recommending approv<. l of t a �, �;,��; x,:�.�!•• a =�3'"+a�ias.titvrx hs�xi++� �ai•" r.?•at�ir�» <� „« . !c�sx"i++�:#�*4h'a�►'�- �F"��. �i�:;:.'fi�brY�f?;.�'.�'?cr�CL' • ?nos, 50 5 !i 13 12 11 10 9 d 7 6 5{ 10 11+1 13 14 Ib! 17 Co I 02122 2 �. / % / /// FLAG LERI 1_B April 2, 19f,a f . , • r , r 33 �. ��oslx�frii: ' e X"< e�A T' r 1�y' r"` "YL`'�j.,�a;s:.�I .. _K._ • . - , a : -Cl'" - .t r 1 • €i � � 1 w•r•.••• r • Cir.c L'� � .. r �'�.p .,, ai-� r- •.• -4rr :.. a..� -w.4•. y ...: f fj�' r . .. - ' w - E. . .r •W r ( �w.•.�►.. n •'GfA - r 1 �,.s ' �•- :.o�nf a+�'.ers �w.rJi� '_ , t� Z[3 April 2, 1924 AS 33 it 3C,1 f- 1:1,,1(.r Tom,.;,. r , I RIM WSW I1. Other (Specify) (a) To: RS-1, RS-I.1, RS -2, RG -I, PD -H, PD -HC, (b) To: RG -2, RG -2.1, RG -2.3, RO- I , RO -2. I (c) To: RG -2.2, RG -3, R0 cation) X 12. Filing Fee of $t < 0.12.0(1 Ci7`( 0 1 11 APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA -83- I� Anthony H. La Rossa , 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 informat ion: X 1 . Address of properi y aPI>>'oxi m at e l . y 3663 N . \' F1 a IT,1 r i llac ___-_ y 2. Two surveys, prepared 1) » a Slate of Florida Registered Land Surveyor. (Attach to application) X 3. Affidavit disclosing ownership of properly covered by application and disclosure. of interest form (Form 4 - 83 and attach to application). X 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.) • X 5. At least two photographs that show the entire property (land and improvements). X #33 6 A tlas sheet(s) on which property appears X 7. Pre ent Zoning Designation - RG -1 /3 CR -2/7 x 8. Proposed Zoning Designation 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- according to following schedule: O.O4 per sq.ft. of net lot area, minimum 300.00 $0.06 per sq.ft. of net lot area, minimum $350.00 O.08 per sq.ft. of net lot area, minimum 400.00 84 -477 MEMMEEEE MOMIONEW mmmmmm (d) To: CR -I, CR -2, $0.10 per sq.ft. of net lot area, minimum CR -3, 0 -1, CG-I, $500.00 CG -2, WF -1, WF -R, 1 -1, 1 -2; SPI- 1,2,5,7, 8,9,11,12 0.12 per sq.ft. of net lot area, minimum 600.00 For any change in a sector number only, for a particular district classifica- tion, the fee shall be the same as for a change in its district classification, as shown in (b) through (e) above. 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) To: CBD -I, SPI -6 • • STATE OF FLORIDA ) SS: 'COUNTY OF DADE ) • • SWORN TO AND SUBSCRIBED before me this day of • March s 198 . MY COMMISSION EXPIRES: tIOTXP,Y i STATE OF FLORIDA MY COMMISSION EXPIRES MAR 15 1987 eNDED THRU GENEEt4. INSURANCE UNE) Form 25 -83 -) Signature. °°--c; Name Address Phone er g �` AGtJS7'•_N !1 . PIIiI:Z- CF.IT�'1,R- 300 Sevilla, Suite 201 Coral babies, Ila :3;31;34' (305) 448 -4053 Agustin A. Perez - Cervera , being duly sworn, deposes and says that he is the ( (Authorized Agent for Owner) of the real property described in answer to question 411, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. Notary Public, State of Florida at Large 84-477 c' STATEMENT EXPLAINING WHY PRESENT DESIGNATION IS INAPPROPIATE AND WHY THE PROPOSED DESIGNATION WOULD BE APPROPRIATE: The present zonning designation is inappropriate because it does not allow the Applicant to use the property as part of Los Marinos Restaurant, situated on lots one (1) through eight (8) in Block 9, which are also owned by the Applicant. The proposed zoning designation would allow the Applicant to use lots nine (9) and twelve (1.2), together with lots one (1) through eight (8) for the operation of Los Mar.inos Restaurant. Dated this 20th day of March, 1984. ALONSO -POCH & PEREZ- CERVERA 300 Sevilla, Suite 201 Coral Gables, Florida 33134 (305) 448 -4053 By Ag n A r { ust n A. Perez -Cer ra U Atto eys for Applican ALONSO -POCH S PEREZCERVERA • ATTORNEYS AT LAW • SUITE POI • ar,o ErvILL1. AVENUE • CORAL GABLES ELGr DA " • i • .. Legal description and street address of subject real property: • Approximately 3663 N.W. Fiagler Terrace, .Miami,. Florida. Lots 9 and 12, Block 9, TWELFTIH STREET 'MANORS,` according to the Plat thereof, aS recorded in Plat Book 5, Page 59, of the Public Records of Dade County, Flroida. • • 2. Owner(s) of suiij t real prol.��.c and percentage of ownershi . p. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties avxng a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question f2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and /or any other interested parties, together with their addresses and proportionate interest. Anthony R. La Rossa and Elizabeth A. La Rossa• STATE OF FLORIDA ) SS: COUNTY OF DADE ) SWORN TO AND SULEC before me this ,k' n day of March 9 84 . ae • }ix CJ."X,ISSICt1 EXPIRES; • DISCWStJ E OF CNNE ESHIP . '3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b):Iocated within 375 feet of the subject real property. • Lots 1 throu 'gh 8, and lots 13 and 14, in Block,9 of TWELFTH STREET MANORS, according to the Plat thereof; as recorded in Plat Book 5, Page 59, of the Public'.Records of Dade County, Florida. • OWNEI4,OR ATTORNEY FOR OriRE.R' J • s Agustin A. Perez - Cervera • , being duly sworn, deposes and says that ne is the ( oDgx) (Attorney for Owner) of the real property described in answer to question i1,. 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. Notary Public, State o _ Florida a Large , k-OARY PUBLIC STATE pE frO•,ip4 MY COMMISSION E l.lAIe:15 17,97 ( • 84''4'77 emmr rill STATE OF FLORIDA ) SS: . COUNTY OF DADE ) SWORN TO AND SUBSCRIBED before me this v day of March • 98 Agustin A. PErez - Cervera • • • • MY COMMISSIO EXPIRES: T Y PUELIC STATE OF FLOF,IDA MY COMMISSION EXPIRES MAR 15 1987 BONDED MU GENERAL INSURANCE UND • — • • • being duly sworn, deposes and says that he is the auiy appointed attorney ofAnthony R. La Rossa & the owner of the real property described in answer to quesEian T, above; Elizabeth Al that he has read the foregoing answers; that the same are true and com- La Rossa plete; and that he has the authority to execute this Disclosure of Owner- , ship form on behalf of the owner. • ) Notary Public, State of Florida at Large• . • ,I • "' ' s I•.; 1 ; 1 ) I I • '► 2 . , • STATE C:' :,.1. ) _ SS. C.,..:,,_ . OF a ) Before me, the ....u_. z_r :d authority, this day p-- r-ccr.a11y app a I Agustin A. Perez- Cervera upon cash, deroses aid • Sworn to and Subscribed before me , ,,ii I , i , t ,,,,,, this / '1 t ; No.ar-y. Public, State of Florida at Large . 1 i\> Nrf Cc:rr-.ission Expires: R OJARY pUBEIC S TXTE OF 1:0RI TAY COMM•S• :10!I [X ?IRES )4 15 19y aOdDEA, jbiw LL. .1 tI :SURAt1U UNJ • A . DAVIT Further } , rt er Af iar t sayeth not. a ` day of March 19 4 , who being by me fir zt duly sworn, • 1. That he is the o:mer, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 6371 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 Trade a part thereof. 2. That 11 owners which he represents,. if any, have given their full and complete permission for him to act in their behalf for the chare or modification of a classification or regulation of zoning as Set out in the acecmpany7..r tetitiz. 3. That the pazes attached hereto and rr._de a part of this • the names, rr. ding addresses, phone numbers and affidavit contain t,._ current t a�.i,_ , . legaal desc ipticr.s for the real property which he is the owner or legal representative. -- 4, and documents e Tne facts •� represented in the application yra c `s submitted in conjunction with this affidavit are true and correct. . Name Agustin A. Perez vera • • • 84 -47` • qfinn ;; can e r ' s Na r:te F;ail i ng Address ( T,el ephone Number 1.'e . 'Description: Mailing Address Telephone Number Legal Description: Street Address • Miami, F1 rni da_ 33125 61 N . W . :37th Avonn Miami, Florida Street Address 0 :. : ;:R's LIST Owner's Name Anthony R. La Rossa and Elizabeth A. La Rossa trai l ing Address' 3665 N.W. Fl atlet Terrace, Miami, Florida 33125 Telephone ?lumber (305) 64278110 Legal Description: approximately 3663 N.W. Flagler Terrace, Miami, Florida 33125 Lots 9 and 12, Block 9, Twelfth Street Manors (5 -59) Owner's .lame Any other real estate propert. •wined individually, jointly, or severally (by corporation, partnership :, • privately) within 375' of the subject site is listed as follows: 3665 - N.W. Flagler Terrace Street Address Legal Description Legal Description Lots 13 and 14 Block 9 Twelfth Street Manors (5 -59) Lots 1 thorugh 8, Brock 9 r Twelfth Street Manors (5 -59) Legal Descriotion 84 -477 mmummn IIIMEEMP MEOW elmonw SEW ME E UM W MMPL- MM: