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HomeMy WebLinkAboutSubmittal by Ben FernandezCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00670a Final Action Date: —1 —0 CD m G c AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Q OD AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.62 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1655 & 1657 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting of July 12, 2004, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 2004-0897, by vote of eight,to one (8-1), 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 recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from "C-2" Liberal Commercial to "C-1" Restricted Commercial with an "SD-19" designated F.A.R. Overlay District to increase F.A.R. to 2.62, for the properties located at approximately 1636, 1646 and 1650 Northeast Miami Court and 1655 & 1657 North Miami Avenue, Miami, Florida, more particularly described in "Exhibit A." Section 3. It is found that this zoning classification change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is not contrary to the established land use pattern; (c) will not create an isolated district unrelated to adjacent and nearby districts; (d) is not out of scale with the needs of the neighborhood or the City; (e) will not materially alter the population density pattern or increase or overtax the Toad on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to changed or changing conditions; City of Miami Page 1 of 2 Printed On: 10/13/2004 l) ?o/ - t," File Number: 04-00670a will not create or excessively increase traffic congestion or otherwise affect public safety; will not create a drainage problem; will not seriously reduce Tight and air to adjacent area; will not adversely affect property value in the adjacent area; will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 4. Page No. 23 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption pursuant and subject to § 163.3187(3)(c). {1} APPROVED AS TO FORM AND CORRECTNESS: lam MARIA J. CHIARO INTERIM CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. SUBMITTED INTO THE PUBLIC RECORD FOR ITEMzzi ON 9-z7-o-7 City of Miami Page 2 of 2 Primed On: 8/5/2004 ANALYSIS FOR VARIANCES FILLING STATION LOFTS 1653,1655, 1657 NORTH MIAMI AVENUE AND 1636, 1646, 1650 NE MIAMI COURT CASE No. 2004-0908 Pursuant to City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, the subject Variances have been reviewed as follows: Front Yard Setback Required 10'- 0" Proposed 0'-0" Request to waive 10'-0" Side Street Yard Setback Required 7'- 6" Proposed 0'-0" Request to waive 7'-6" Side Street Yard Setback Required 7'- 6" (Corner lot) Proposed 0'-0" Request to waive 7'-6" Footprint Required 16,724 Sq. Ft. (40%) Proposed 22, 125 Sq. Ft. (53%) Request to waive 5, 400 Sq. Ft. (13 %) The following findings have been made: • It is found that the proposed mixed -use project will benefit the CRA are just south of NW 17th Avenue between n. Miami Avenue and NE Miami Court by creating new loft units along NW 17th Street; the project will also be an economic development catalyst. • If is found the project has an active ground floor along NW 17th Street and along both Avenues (NE Miami Ave & NE Miami Court), which addresses the pedestrian realm with active, uses that would greatly enhance the area. Page I Submitted Into the pubtiC �in connection with n YZ 21 on 4-27--01 Priscilla A. Thompson City Clerk • It is found that the proposed variances are consistent with the surrounding C-2 "Liberal Commercial" zoning district; however, this specific property obtained a change from C-2 "Liberal Commercial" to C-1 "Restricted Commercial" recently in order to take advantage of unlimited height restriction under the Zoning Ordinance and as a result, the proposed project do not meet with current C-1 "Restricted Commercial" setback and footprint requirements forcing the applicant to request the above listed variances. • It is found that the proposed project does not include any special permit; therefore the criterion of Section 1305 of the Zoning Ordinance 11000 does not apply for this petition, even though the project would comply. • It is found that the granting of these variances will grant the property owner undue benefits under the Zoning Ordinance 11000. It is further found the requested variances are a result of self-imposed hardship, therefore should not be considered. Based on these finding, the Planning Department is recommending denial of the application as presented. SUBMITTED INTO THE PUBLIC RECORD FC,! ITEM?22_ON v12 -701 Page 2 Jerin Associates, Inc. 0 dr ;tZ.00 Hand -Delivered and Sent Via Certified Copy, Retum Receipt Requested 10621 SW 139 Street Miami, Florida 33176 305-439-1041 Ms. Teresita Lascaibar Fernandez, R.A., A.I.C.P. Executive Secretary Department of Hearing Boards City of Miami 444 S.W. 2nd Avenue 7th Floor Miami, FL 33130 RE; Formal Appeal of Zoning Board Agenda Items 8, 9 & 10 Of the March 14, 2005 Zoning Appeals Board Agenda Dear Ms. Lascaibar Fernandez: Pursuant to Article 20 of Ordinance 11000 of the City of Miami Code, this written communication shall serve as our formal appeal of Items 8 (Case 2005-0953), 9 (Case No. 2005-0954 and 10 (Case No. 2004-0908) which were presented to the Zoning Appeals Board on March 14, 2005. Jerin Associates, Inc. is within 500 feet of the applicants and accordingly, I was informed by staff for the Department of Hearing Boards, that no fee is applicable to these appeals. It is my understanding that no other document or information is required to be filed by us to initiate and pursue this appeal. Should that not be correct, please contact me immediately and we will provide any necessary information and/or documentation. I request that written, formal notice of the agenda on which these matters will be considered by the City of Miami Commission be communicated to us, in writing at the captioned address. Please note, that due to reasons that have not been explained to us as at the Zoning Board hearing, we never received written notice of the matters presented to the Zoning Board, even though we are within 500 feet of properties owned by the applicants. Accordingly, I request your assistance in assuring that formal written notice be sent to us as required under applicable provisions of The City of Miami Code. Sincer Steven"Z3`oodm q, Presidch SUBMITTED INTO THE PUBLIC RECORD FOR TEMP2 z ONq-z-o. Miami Zoning Board Resolution No.: 2004-0958 Monday, November 22, 2004 Mr. Allan Shulman offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED DENIAL OF THE OFFICIAL VACATION AND CLOSURE OF AN ALLEY, BEING THE PORTION OF A 10 FOOT ALLEY LOCATED SOUTH OF NORTHEAST 17TH STREET BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Away Mr. Miguel Gabela No Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia No Ms. lleana Hernandez -Acosta Away Mr. Carlos Martell No Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges William No AYE: 4 NAY: 4 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 4-4 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM'zz ON 4-21-01, Teresita L. Fernandez, Executive Se Hearing Boards Case No. 2004-0893 Item Nbr: 8 SUBMITTED INTO THE PUBLIC RECORD FOF EXHIBIT "AREMP=ON G-2-1-01 N.E. 17TH STREET POINT OF COMMENCEMENT NORTHEAST CORNER OF LOT 1 BLOCK "D" W r SO0'39' 45"W,--- 10.00' POINT OF BEGINNING k0 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 GRAPHIC SCALE 15 30 60 �J 1 (NFEET) 1 inch = 30 ft. EAST UNE OF LOTS 1,2,3,4 & 5 BLOCK D 9slt: SOUTHEAST CORNER OF LOT 5, BLOCK D CENTERLINE) N90°00'00"W 10.00' 0 0 ° w 0) 0) Z WEST LINE OF LOTS 1,2&3 BLOCK C LOT 1 LOT 2 LOT 3 EXTENSION OF THE \S89°59'57»E SOUTH UNE OF 10.00' LOT 5, BLOCK D I 409 0 llj RIGHT-OF-WAY TO BE CLOSED, VACATED AND DISCONTINUED FROM USE Drawn By DANJR Cad. No. 040873 Ref. Dwg. 2004-067 Plotted: 7/28/04 9:33a SKETCH OF DESCRIPTION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 16_,Phone: 305-653-4493 / Fax 305-651-7152 / Email fls(flrsurvey.com Date 7/28/04 Scale 1" = 30' Job. No. 041337 Dwg. No. 1004-057B tSheet 2 of 2 1 4 SUBMITTED INTO THi PUBLIC RECORD FOF EXHIBIT "A'LIVI Pz z i UN %27-. 07 LEGAL DESCRIPTION: A portion of a 10 foot wide Alley lying West of Lots 1, 2 and 3, Block C, and East of Lots 1, 2, 3, 4 and 5, Block D, both in T.W. PALMER'S RESUBDNISION, according to the plat thereof as recorded in Plat Book 4 at Page 60, of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1, Block D; thence SO0'39'45"W along the East line of said Lot 1, Block D for 10.00 feet to the POINT OF BEGINNING; thence continue SO0'39'45"W along said Lots 1, 2, 3, 4 and 5, Block D for 119.88 feet to the Southeast corner of said Lot 5, Block D; thence S89'59'57"E along the Easterly extension of the South line of said Lot 5, Block D, for 10.00 feet; thence N00'39'45"E along the West line of said Lots 1, 2 and 3, Block C for 119.88 feet; thence N90'00'00"W along the Easterly extension of the South line of the North 10.00 feet said Lot 1, Block D, for 10.00 feet to the POINT OF BEGINNING. SURVEYOR'S NOTES: — This site lies in Section 36, Township 53 South, Range 41 East, City of Miami, Miami —Dade County, Florida. — All documents are recorded in the Public Records of Miami —Dade County, Florida unless otherwise noted. — Lands shown hereon were not abstracted for easements and/or rights —of —way of records. — Bearings hereon are referred to an assumed value of for the said bearing is identical with the plat of record. — This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2004-067. — Lands shown hereon containing 1,198 square feet, or 0.027 acres, more or less. SURVEYOR'S CERTIFICATION: 1 hereby certify that this "Sketch of Description" was made under my responsible charge on July 28, 2004, and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORT fit, I EAVY, SKILES, INC., LB3653 By• Daniel C. Fortin, For The Firm Surveyor and Mapper, LS2853 State of Florida. RIGHT-OF-WAY TO BE CLOSED, VACATED AND DISCONTINUED FROM USE Drawn By DANJR Cad. No. 040873 Ref. Dwg. 2004-067 Plotted: 7/28/04 9:33a • LEGAL DESCRIPTION, NOTES, AND CERTIFICATION FORTIN, LEAVY, S KILES, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 180 Northeast 168th. Street / North Miami Beach, Florida. 33162 yl Phone: 305-653 -i493 / Fax 305-651-7 i 52 / Email. ils(ui]ssutvey.Gdfn Date 7/28/04 Scale NOT TO SCALE Job. No. 041337 Dwg. No. 1004-057B Sheet 1 of 2 a