Loading...
HomeMy WebLinkAboutO-081812 3 l "114- 7 8 9 10 11 12 13 1.4 15 .16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. 8181 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 1 THRU 5, BLOCK 1, GRAND VIEW PAPE (5-58), LOCATED AT 1524 THRU 1532 N. W. 14TH AVENUE, FROM R-3 (LOW DENSITY MULTIPLE) DISTRICT TO R-C (RESIDENCE -OFFICE) DISTRICT. WHEREAS, the Planning and Loid.ng Board of the City of Miami, at its meeting held on June 11, 1973, passed and adopted by an 8 to 0 vote its Resolution No. 73-130,recommending granting a change in zoning classification, as hereinafter set forth; and WHEREAS, it is deemed advisable in the best inttrest . the general welfare of the City of Miami and i Yr ,bi.t nts to grant a change in zoning classification, as heLeinafter t et forth: NW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF Ti CST's! CF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning C;rdinaace for the City of Miami, he and the same is hereby amended by changing the zoning classification for Lots i thr:a 5, :lock 1, GRAND VIEW PARK (5-58) , located at 1524 thru 1532 N. W. 14th Avenue, from R-3 (Low Density MultipJ.e) District to R-c (Residence -Office) District; and by making the necessary changes in the zoning district neap made a part of said Ordinance No. 6871, by reference and description in Article III, Section 2, thereof. Section 2. That all laws, or parts of laws, in conflict herewith, be and the same are hereby repealed insofar as the above described land is involved. -1- 36 Section 3. It is declared to be the legislative intent of this body that if any section, subsection, s sentence, phrase, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. PASSED ON FIRST READING BY TITLE only this 26th day of July, 1973. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY THIS 13::h day of September, 1973. H.D. SOU'2T1= CITY CLE12T DAVI D T.. KENNEDY MAYO R MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal holidays Miami. Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally Sp - peered Martha Drobnie. who on oath says that she is the V.P., Legal Ads of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper. published at Miami in Dade County, Flor.da; that the attached copy of adver- lisement, being a Legal Advertisement or Notice in the matter of Adoption of Ordinance No. 8181 Re: Change of Zoning Classification, etc. City of Miami, Florida in the XXX Court, was published in said newspaper in the Issu.a ui September 18, 197.3 Affiant further says that the said hliaml Peview and Daily Record is a newspaper pukli;ir .t Mismi, in said Dace County. Honda, and that the said news• paper has heretofore been continuously punished ;n said Dade County, r"farieia, e-rch day nexcc•::t Saturd. y, Sunday and Legal Holidays; and has b , •n • ,.tared second class: mail ringer at the post slice in Minn,;, in said Dade County, Floric'a, for a period of Orr_ ye:lr next preceding the first publication et !ha a'ta-had copy of advertisement; and afirar,t fortis sa• s that she has neither paid nor promised an' person, firm or corporation any discount, rebate, cernirission or refund for the purpo'.e ct r:ecurmg this e.dvc•tisement for publication in the said newspaper. Sworn to and subscribed before me this 18th day of. September , A. D. 19 73 .Muth Chatter, Notary Fubitt. State et ,Flor(An at Large 'SEAL) My Commission expires flay 16, 1577. c1TtOF M1AMtq bAIU, riot?- 'Y, VVIIHDA LECAi.. iloliC MI interested '0111 :take notice that on the 13th day of Septem- ber, 1973 the Commission of the City of :klami, Florida adopted an ordinance entitled — AN ORDINANCE AMEND- ING ING ORDINANCE NO. 5871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF •M:IAMI, BY CHANGING THE ZONING CLASSIFICATION F 0 R LOTS 1 THRU 5, BLOCK 1. GRAND VIEW PARK t5-5F) LOCATED AT 1524 TIIRU 1532 NW I4TH AVENUE, FROM R-3 (LOW DENSITY .MULTIPLE) DIS- TRICT TO R-C (RES- •IDENCE-O F F I C E) DIS- TRICT which Is designated Ordinance .No. F:F1, H D SOUTHERN CITY CLERK CITY OF 11IAMI, FLORIDA Pia:llrntt ..n rf this notice nn the 1Fth day of Sel,tprhb' , 1973. Ad No. 9C ?9 2 3 'i 5 6 7 9 10 11 12 13 14 15 16 17 18 1 i9 20 21 22 23 24 25 26 27 28 29 .10 31 32 33 34 35 36 RHT/cc 7/2/73 ri 'JUL ORDINANCE NO. 4-50/41Pd, AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 1. THRU 5, BLOCK 1, GRAND VIEW PARK (5-58), LOCATED AT 1524 THRU 1532 N. W. 14TH AVENUE, FROM R-3 (LOW DENSITY MULTIPLE) DISTRICT TO R-C (RESIDENCE -OFFICE) DISTRICT. GI iu : iq WHEREAS, the Planning and Zonings Board of the City of Miami, at its meeting held on June 11, 1973, passed and adopted by an 8 to 0 vote its Resolution No. 73-130,recomanending granting a change in zoning classification, as hereinafter set forth; and WHEREAS, it is deemed advisable in the best interest of the general welfare of the City of Miami and its inhabitants to grant a change in zoning classification, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by changing the zoning classification for Lots 1 thru 5, Block 1, GRAND VIEW PARK (5-58), located at 1524 thru 1532 N. W. 14th Avenue, from R-3 (Low Density Multiple) District to R-c (Residence -Office) District; and by making the necessary changes in the zoning district map made a part of said Ordinance No. 6871, by reference and description in Article III, Section 2, thereof. Section 2. That all laws, or parts of laws, in conflict herewith, be and the same are hereby repealed insofar as the above described land is involved. vErzi 19 ? JUL 26iO7 oRnr;;,hr7.,: t,L). 3. 2 3 4 5 6 7 111 8 9 10 11 12 13 14 15 16 17 18 19 020 21 22 23 24 25 26 27 28 29 4/30 31 32 33 34 35 36 • • Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase, or provision of this Ordinance is held invalid, the remainder of the Ordinance saall not be affected. i1/ 5i5S D on first reading by title only this etday of 1973. PASSED AND ADOPTED on second and final reading by title only this /'8 day of JW/OP70004c1973. PREPARED AND APPROVED BY: MAYOR Attest: City Clerk . ' a ris urner Assistant City Attorney REVIEWED BY: S. oy Assistant Director of raw APPRdVED TO ORRECTNESS: A an . Rot stein City Attorney -2- COURTESY N O T I C.E NOTICE TO OWNERS OF REAL ESTATE IN THE VICINITY OF 1524 THRU 1532 N.W. 14TH AVENUE, MIAMI, FLORIDA The Miami City Commission, at its meeting of THURSDAY, July 26, 1973, at 10:00 A. M., in CITY HALL, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: 1524 thru 1532 N.W. 14th Avenue Lots 1 thru 5, Block 1, GRAND VIEW PARK (5-58) Resolution recommending Change of Zoning Classification on the above property, from R-3 (Low Density Multiple) to R-C (Residence Office). At its meeting of June 11, 1973, the Miami Planning Board adopted Resolution No. 73-130 by an 8 to 0 vote (one member absent) recommending the Change of Zoning. IMPORTANT The City Commission requests that PETITIONER be present or represented at this meeting, and all interested real estate owners are invited to express their views. The petition and supporting papers concerning this item are available for review at the Planning Board Office, 3318 Pan American Drive, Dinner Key. MIAMI PLANNING BOARD 7-20-73 cm e„ifg fAtiamii, Itirt a '73 JUN. G2 Y'; 8 : 29 June 12, 1973 Honorable City Commission Attention: Mr. M. L. Reese City of Miami, Florida Re: CHANGE OF ZONING - RECOMMENDED 1524 thru 1532 N. W. 14th Avenue Lots 1 thru 5, Block 1, GRAND VIEW PARK (5-58) Applicant: Max R. Silver Gentlemen: The Miami Planning Board, at its meeting of June 11, 1973, Item #5, following an advertised Hearing, adopted Resolution No. 73-130 by an 8 to 0 vote (one member absent), recommending Change of Zoning Classification for Lots 1 thru 5, Block 1, GRAND VIEW PARK (5-58), located at 1524 thru 1532 N. W. 14th Avenue, from R-3 (Low Density Multiple) to R-C (Residence -Office). One objection was received in the mail. An ORDINANCE to provide for this Change of Zoning has been pre- pared by the City Attorney's office and submitted for considera- tion of the City Commission. mm Z. M. 24 Attached: Minutes cc: Law Department Sincerely, ( j '>t David Simpson, Jr.1/ Executive Secretary Miami Planning and Zoning Board NOTE: Planning Department recommendation: "APPROVAL SUBJECT TO THE APPLICANT WORKING WITH THE PLANNING DEPARTMENT IN THE DEVELOP- MENT OF PLANS FOR THE PROPERTY. • • • • to It 1 5. 1524 THROUGH 1532 Ni W. 14TH AVENUE Lots t through 5, Block i, GRAND VIEW PARK (5-58) . '13 t J j E Change of Zoning Classification on the above described s e, from R-3 (Low Density Multiple) to R-C (Residence -Office). 44 8: Secretary filed proof of publication of Legal Notice of Hearing, and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: "APPROVAL SUBJECT TO THE APPLICANT WORKING WITH THE PLANNING DEPARTMENT IN THE DEVELOP- MENT OF PLANS FOR THE PROPERTY" The general characteristics of land use is the immediate area of the subject petition is that of mixed, single family, two family, and multiple family residential use. There have been an increasing number of medically oriented office uses located in the adjacent R-C (Residential -Office) zoned portions of the area, and since the structures in the area are in generally poor considition, either multiple family or medical office use offer redevelopment potential. A covenant should be required to tie development of the subject property with specific plans. This will insure that the land use objectives of the Medical Center Master Plan for orderly and integrated growth of medical center facilities are met. Mr. Martinez: Mr. Aronovitz, will you state your name and address for the Record, please. Mr. Aronovitz: Yes, sir. Mr. Chairman, and Members of the Board, my name is Sidney Aronovitz, Attorney, of Aronovitz, Silver and Booth, 908 Ainsley Building, Miami, Florida. Representing the applicants in this Item #5. The applicants are, as to Lots 1"through 3, Max R. Silver, as Trustee, his parties in interest are two physicians, Dr. Jacob Kolski, and his partner, Dr. Arthur Franzino. As to Lots 4 and 5, Mr. Cesar Iglesias, and wife. We are essentially seeking a change from R-3 to R-C. We direct your attention to the fact that the character of the area is predominantly R-C. Now, unfortunately, that's a rather large-scale map you have there, becuase if the entire C-24 of the Zoning Plat Book were put up there, you would readily observe that the entire area, east of the subject property, all of the way over to 12th Avenue, is R-C. All of the way over to 12th Avenue, due east, northeast, and every- thing east of 14th Avenue. You would also, readily observe, that to the southeast, the same thing is true all of the way over to the Cedars of Lebanon Tract. You will recall that the Children's Retardation Clinic is there, and the -Public Health Center is in that big vacant block. And then, due south, all of the way to the Miami River, is R-C. Now, what we have here, essentially, is a block divided, because right through the middle of the block, on the southwest side, you have R-C. And, on the northeast area, you have R-3. Our clients would like an opportunity to be able to develop the property, and in so doing, they would propose to orient it in the direction of offices, likely medical, possibly some legal offices, on the other hand, there may be apartments. Now, that presents a problem, and I raise the problem, only because the Board has, in the past, this evening, from time to time, referred to the recommendations of the Planning Department, and I would like to make a comment on that, if I may. I have seen a copy of it, which was available here, a little earlier. First, I am very happy with the recommendation for approval, and I don't have a fault to find with that. -31- June 11, 1973 Item #5 I do want to call your attention to this, :hough. If, by the subject to certain items of approval, you mean, subject to your approval, through the Planning Department, of landscaping, we have no objection. If you mean that we will conform to the setbacks, to the lot area, to the square footage, we have no objection to that. Mr. Martinez: If you would excuse me. The more I read this the less sense it makes to me, because, we cannot sit here and put these conditions on - on somebody - either we rezone the property, or we don't. But to ask them that they have to submit plans for the development of the property, is to me against the Ordinance, itself, I mean, it's not legal. Mr. Aronovitz: Well, that's exactly this practical problem that we're facing, we're just aren't - we might as well not have the rezoning, as to have it in this - . . . Mr. Martinez : I wish the Department would, before we continue with this, will clarify their position on this, because this is the first time that I have seen them take a position like that. And when we have, in fact, people from the audience request this, or some of the Board Members looking to this avenue of controlling the - what was going to be put on the property, we have been told that it was illegal. And, now, they are making a recommendation like this. Well, it sort of has me puzzled. And I don't know what to do. Mr. Whipple? Or, someone? • Mr. McLean: Mr. Acton dictated this, the lead to this recom- mendation, or, this recommendation. Mr. Silverman: We cannot hear you. Mr. McLean: Pardon me. Mr. Acton, himself, dictated this recommendation to me. It was not his intention, I am sure, to condition a change of zoning. But, further in the recommendation, it does, I think, clarify what Mr. Acton was seeking, "A covenant should be required to the development of the subject property with specific plans." This approach has been taken before, and it's my understanding that some background on the area, is that it is in the Medical Jackson Memorial University of Miami. Medical Center Area. The Department has consistently and initially recommended deferment on all items and zoning changes in the area. Because, the Jackson Memorial Hos?ital Master Plan needs to be updated. To perhaps consider applying interim zoning to the area. We need a master plan for the area, a number of requirements and needs in this area. Therefore, I think Mr. Acton's thinking was, although we are somewhat in approval, and he feels, and the Department feels, in evaluation, that the change to R-C is consistent with the area plan, because this very important Medical Center Complex must have specific studies and requirements, re-evaluation, all of the way around, that we feel that maybe on a one to one basis, if this project, or this - if a Covenant could be turned in on this development, somehow, so that the City could carefully evaluate this, in terms of the established criteria in the Master Plan. Evaluate it in terms of all of the needs that this area has, that have been unavailable to study, comprehensively, we've only been able to study it piecemeal. I think this is what Mr. Acton's intention was. The zoning change itself, is consistent, as far as we know, with the Area Master Plan, and this area is inside the Master Plan Area, for Jackson Memorial University of Miami Complex. Mr. Aronovitz: Mr. Chairman, with all due respect to the recommendations, anti the remarks made, I can't help but facetiously but nevertheless, seriously, remark that from the nature of the baby that we have here, the lady is either pregnant, and she's not slightly pregnant. -32- June 11, 1973 Item #5 Now you say that it's compatible, and it •ays subject to the proper use of the whole area Master Plan, and more importantly, the entire area east of us, across the street there, is all R-C, and it doesn't haVe-tnese restrictions on it. The entire area east, south, north, northeast, doesn't have these restrictions on it. We're being singled out. And the reason is, that because the last year and a half, there's been a necessary plan being developed for this whole area, we're being told, 'no, we've got to wait further', and frankly, I will tell you the truth, if we had plans that we could bring in and show you, we might not have a problem, but we don't have those plans; and we might as well have nothing, than to get it subject to plans that we don't at the moment we don't know what we can develop. As I understand it, what they're saying is, between the first and second meeting of the City Commission,bring your plans in. Well, it isn't that simple. We can't do it that way. And either you zone, or you don't zone. And I would respectfully submit that if we're entitled to the zoning, and he concedes that the Master Plan permits it, really, the highest and best use dictates that we have the R-C. Mr. Martinez: Mr. City Attorney? Mr. Harris? Mr. Turner: Mr. Chairman. Mr. Martinez: Have you been listening to the explanation of the Department, on this? I mean, this is, really - I don't understand this type of approach, that we're taking here, I mean. Mr. Turner: Mr. Chairman, if I can try and explain it a little bit, what's been done in the past in other areas. You should consider this strictly as a change of zoning, and any - the City Attorney has accepted Covenants between first and second reading, on change of zoning in certain areas, in certain instances, such as this, where you have a transitional area, to insure that the developer complies with his presentation, for the change of zoning. We have done this in several cases. But on the Board level, this is just to be considered as a change of zoning. And if the Commission wish to require this, then, this would be another step. Mr. Martinez: All right, that would be - that's another horse of a different color, altogether. Okay. Mr. Turner: Right. Mr. Martinez: Okay, do you have anything else you want to add, Mr. Aronovitz? Mr. Aronovitz: No, sir. Mr. Martinez: Is anyone here, in opposition to this item? Mrs. Caminetti: My name is Mrs. Caminetti. I am Executive Vice -President of the LeJune Southwest Homeowners' Association. With all due respect to Mr. Aronovitz, whom I have admired over the years, I feel that because most of the area is R-C, there is no criteria to change, from one zoning to another. Even with the approval of this Department, subject to approval of landscaping, setbacks, et cetera. If he is going to build apartments, he already has the required zoning, unless I am mistaken. To me, zoning is like a play, it has a way of running off and injuring other people in other areas. The opening wedge is there for others to take hold and run off with, continuously, and based on past -33- June 11, 1973 Item #5 • mistakes, or rezoning mistakes of previous Plann ig and Zoning Departments' and other City Commissions' which downgraded zoning for certain areas, causing blights on the various communities, thus causing our present ghettos. And I don't mean to say that this would cause a ghetto, since the office structures that are in the area, although high, are not unreasonable to look at, but instead of driving a wedge into the zoning, as it exists now, I would say that the property best be served by the present zoning, as it exists, until such time, that the Master Plan, or Comprehensive Plan is approved by the City. Mr. Martinez: Thank you, Mrs. Caminetti. Anyone else, in opposition? None. We will come back to you for rebuttal, Mr. Aronovitz, if you have anything else you want to add. Mr. Aronovitz: Mr. Chairman, I would merely point out, of course, that the owners of this property sat by and had nothing to do with the zoning around them, and obviously, their living there with the R-C across the street, in all of the other areas. And, now, because of that, they should certainly receive the considera- tion that is otherwise there. And, consequently, this is not a down- grading of an area, this is a building up of an area, and should sub- stantially contribute to the improvement of the entire facility there. Mr. Martinez: A11 right, thank you, the Public Hearing is closed. We will have discussion, or any questions from the Board Members. If, not, Mrs. Fernandez, this is in your district. Mr. Silverman? Mr. Silverman: Mr. Chairman. The Staff has recommended approval. The condition of a Covenant is clearly illegal, in my opinion. You cannot have contract or conditional zoning. You either rezone, or you don't rezone. Now, there have been areas, in the past, where, at the City Commission level, a developer has come in with a big set of plans, and made elaborate promises, and the City, in order to consider that, they requested the developer to submit a Covenant, that was voluntarily • submitted, in order to get the zoning. • Now, that's not what we have here. Here, we have a question, whether we should have apartments or whether we should have a medical office building, and there's no big plans, there's no big drawings, there's no big statements about all of the wonderful things we're going to do. It is strictly a question of what is the proper zoning. Now, the whole area is zoned R-C. I agree with Mrs. Caminetti's principles, the application is - this is not the area for that application. There has been mistakes of zoning boards, we make them all of the time. However, this is not an area - this is not a mistake - the change of zoning should be made, the entire area is R-C, the applicant is a doctor who's going to use it for that purpose, I'd much rather have an office building than have more apartments. I think we should approve this, in accordance with the recommendation, which is for approval. Mr. Martinez: Okay, Mr. Silverman. Anyone else wants to make a comment? If not, Mrs. Fernandez, it's in your district. Mrs. Fernandez: I want to say that I went by the area a few days ago, and I agree with the Department, that the structures in the area are in generally poor condition. And also, taking into consideration the very strange way that the R-C has been applied to this area, and knowing from the Department also, that the R-C is convenient, and in accordance with the Master Plan Medical Center, I definitely believe that the building of the new residential office building in this area will enhance the area, and so, I move to approve for the changing of zoning from R-3 Low Density Multiple, to R-C Residence Office. Mr. Gort: Second. Mr, Martinez: I have a moiton for approval on Item #5, and -34- June 11, 1973 Item #5 a second by Mr. Gort. Discussion on the motion? Mr. Dean? Mr. Dean: I want to ask a question. Mr. Martinez: Mr. Dean, you haven a question? Mr. Dean: Mr. Aronovitz, does your client presently own this property? Mr. Aronovitz: Yes, sir. Mr. Dean: Lock, stock and barrel? Mr. Aronovitz: Yes, sir. I've put an affidavit in, to that effect, yes, sir. Mr. Dean: The reason I asked you this question is, because a lot of people come up, and they want a change of zoning, if, and. That is the reason I asked this question. Mr. Aronovitz: Not - not on - you are absolutely correct, sir, and I understand your reason for asking. Max R. Silver, as Trustee, has owned this property for approximately two years. He holds the title for Dr. Kolsky and Dr. Franzino, who are the beneficial owners, and then, the other two lots are owned by the occupants of the property, the Iglesias. Mr. Dean: But they don't know what they're going to build. Mr. Aronovitz: No. At the moment, it would be likely in the nature of office building, that's what it will be, offices, medical offices, would be the direction in which - Mr. Dean: It would be medical office. Mr. Aronovitz: In the direction it would apparently be medical offices, most likely, yes. It fits in with the whole plan there, in that area, for that reason. Mr. Dean: This has been studied for a decade, and they have not come up with something. Mr. Martinez: Discussion on the motion? None. Okay, call the roll, Mr. Simpson. Mr. Simpson: The motion on #5 is to recommend. One objection was received in the mail. Mrs. Fernandez offered the following resolution, and moved its adoption: RESOLUTION NO. 73-130 RESOLUTION RECOMMENDING CHANGE OF ZONING CLASSIFICATION OF LOTS 1 THROUGH 5, BLOCK 1, GRAND VIEW PARK (5-58), AT 1524 THROUGH 1532 N. W. 14TH AVENUE; FROM R-3 (LOW DENSITY MULTIPLE) TO R-C (RESIDENCE -OFFICE). Upon being seconded by Mr. Gort, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Dean, Gort, Silverman, Martinez. Mmes. Callahan, Fernandez, McGraner. NAYES: None. ABSENT: Reverend Johnson. Mr. Simpson: Eight - zero. Mr. Martinez: Okay. Thank you, Mr. Aronovitz. Mr. Aronovitz: Thank you, thank you very kindly. -35- June 11, 1973 Item #5