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