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HomeMy WebLinkAboutO-123231 J-02-1035 - 12/10/02 12323 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 20 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (C-1) "RESTRICTED COMMERCIAL" TO (C-2) "LIBERAL COMMERCIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1213, 1219, 1223, 1231, 1241, 1253, 1257, 1265, 1275, 1331, 1335, 1353, 1359, 1361, 1369 AND 1373 NORTHWEST 35 STREET; 1200, 1230, 1240, 1250, 1260, 1266, 1280, 1290, 1320, 1326, 1348, 1360, 1362, 1370, 1392 AND 1396 NORTHWEST 36 STREET; 3500 AND 3512 NORTHWEST 12 AVENUE; 3501 AND 3519 NORTHWEST 13 AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of November 20, 2002, Item No. 7, following an advertised hearing, adopted Resolution No. PAB 88-02, by an eight to zero (8 -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; �ii EI L`3 &�e� IiN 51' V'Y 4S "nii "sc �Cn 12363 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Page 20, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from (C-1) "Restricted Commercial" to (C-2) "Liberal Commercial" for the properties located at approximately 1213, 1219, 1223, 1231, 1241, 1253, 1257, 1265, 1275, 1331, 1335, 1353, 1359, 1361, 1369 AND 1373 Northwest 35 STREET; 1200, 1230, 1240, 1250, 1260, 1266, 1280, 1290, 1320, 1326, 1348, 1360, 1362, 1370, 1392 and 1396 Northwest 36 STREET; 3500 and 3512 Northwest 12 Avenue; 3501 and 3519 Northwest 13 Avenue, Miami, Florida, more particularly described in "Attachment A", attached and incorporated. Section 2. It is found that the proposed Zoning designation change: (a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) is consistent with the proposed intent and use of the said property; (c) is consistent with Zoning Ordinance 11000; (d) is positive and will not impose an adverse effect on the area. Page 2 of 4 12323 Section 3. Page No. 20 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 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. This Ordinance shall become effective thirty- one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187 (3) (c) , Fla. Stat. (2001).'/ PASSED ON FIRST READING BY TITLE ONLY this December 2002. 12th day of This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 or upon the effective date stated herein, whichever is later. Page 3 of 4 x.2323 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of January , 2003. ATTEST: PRISCILLA A. THOMP N CITY CLERK W1372:GKW:et:BSS AND CORRECTNESS: Page 4 of 4 UEL A. DIAZ, MAYO X2323 (Attachment A) # Property Address/Proposed Change is Legal Description 12323 1213 NW 35 Street Lot 5 Less East 60 Feet, Block 1, West From (C-1) "Restricted End Park Amended, Plat Book 6, Page Commercial" To (C-2) "Liberal 142 of the Public Records of Miami - Commercial" Dade County, Florida. 1219 NW 35 Street Lot 6 Less South 5 Feet To City, Block From (C-1) "Restricted 1, West End Park Amended Plat, Plat Commercial" To (C-2) Liberal Book 6, Page 142 of the Public Records Commercial" of Miami -Dade County, Florida. 1223 NW 35 Street Lot 7, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial" To (C-2) Liberal the Public Records of Miami -Dade Commercial" County, Florida. 1231 NW 35 Street Lot 8, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial" To (C-2) "Liberal the Public Records of Miami -Dade Commercial" County, Florida. 1241 NW 35 Street Lot 9, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial" To (C-2) "Liberal the Public Records of Miami -Dade Commercial' County, Florida. 1253 NW 35 Street Lot 10, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial' To (C-2) "Liberal the Public Records of Miami -Dade Commercial' County, Florida. 1257 NW 35 Street Lot 11, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial' To (C-2) "Liberal the Public Records of Miami -Dade Commercial' County, Florida. 1265 NW 35 Street Lot 12, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial' To (C-2) "Liberal the Public Records of Miami -Dade Commercial' County, Florida. 1275 NW 35 Street Lot 13, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial' To (C-2) "Liberal the Public Records of Miami -Dade Commercial' County, Florida. 1331 NW 35 Street Lot 6 & 7, Block 15, West End Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial' To (C-2) "Liberal Public Records of Miami -Dade County, Commercial' Florida. 1335 NW 35 Street Lot 8, Block 15, West End Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial' To (C-2) "Liberal Public Records of Miami -Dade County, Commercial' Florida. 12323 (Attachment A) Property Address/Proposed Change I$ Legal Description 1353 NW 35 Street Lot 10, Block 15, West End ,Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial' To (C-2) "Liberal Public Records of Miami -Dade County, Commercial' Florida. 1359 NW 35 Street Undivided %2 Interest in Lot 11, Block From (C-1) "Restricted 15, West End Park Amended, Plat Book Commercial' To (C-2) "Liberal 6, Page 142 of the Public Records of Commercial' Miami -Dade County, Florida. 1361 NW 35 Street Undivided'/2 hiterest in Lot 11, Block From (C-1) "Restricted 15, West End Park Amended, Plat Book Commercial' To (C-2) "Liberal 6, Page 142 of the Public Records of Commercial' Miami -Dade County, Florida. 1369 NW 35 Street Lot 12, Block 15, West End Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial' To (C-2) "Liberal Public Records of Miami -Dade County, Commercial' Florida. 1373 NW 35 Street Lot 13, Block 15, West End Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial' To (C-2) "Liberal Public Records of Miami -Dade County, Commercial: Florida. 1200 NW 36 Street Lots 1-3, 26 & East 10 Feet of Lot 25 From (C-1) "Restricted Less Right of Way, Block 1, West End Commercial' To (C-2) "Liberal Park Amended Plat, Plat Book 6, Page Commercial' 142 of the Public Records of Miami - Dade County, Florida. 1230 NW 36 Street West 39 Feet Lot 25 Less Right of Way, From (C-1) "Restricted Block 1, West End Park Amended Plat, Commercial' To (C-2) "Liberal Plat Book 6, Page 142 of the Public Commercial' Records of Miami -Dade County, Florida. 1240 NW 36 Street 24 Less North 10 Feet for Right of Way, From (C-1) "Restricted Block 1, West End Park Amended Plat, Commercial' To (C-2) "Liberal Plat Book 6, Page 142 of the Public Commercial' Records of Miami -Dade County, Florida. 1250 NW 36 Street Lots 22 & 23, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial' To (C-2) "Liberal the Public Records of Miami -Dade Commercial' County, Florida. 1260 NW 36 Street Lot 21, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial' To (C-2) "Liberal the Public Records of Miami -Dade Commercial' County, Florida. (Attachment A) 6 Property Address/Proposed Change is Legal Description a 1266 NW 36 Street Lot 20, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial" To (C-2) "Liberal the Public Records of Miami -Dade Commercial" County, Florida. 1280 NW 36 Street Lot 19, Block 1,West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial" To (C-2) "Liberal the Public Records of Miami -Dade Commercial" County, Florida. 1290 NW 36 Street Lots 16 Through 18, Block 1, West End From (C-1) "Restricted Park Amended Plat, Plat Book 6, Page Commercial" To (C-2) "Liberal 142 of the Public Records of Miami - Commercial" Dade County, Florida. 1320 NW 36 Street Lot 28 Less North 10 Feet for Street, From (C-1) "Restricted Block 15, West End Park Amended, Commercial" To (C-2) "Liberal Plat Book 6, Page 142 of the Public Commercial" Records of Miami -Dade County, Florida. 1326 NW 36 Street Lot 27, Block 15, West End Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial" To (C-2) "Liberal Public Records of Miami -Dade County, Commercial" Florida. 1348 NW 36 Street Lot 24, Block 15, West End Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial" To (C-2) "Liberal Public Records of Miami -Dade County, Commercial" Florida. 1360 NW 36 Street Lot 23, Block 15, West End Park From (C-1) "Restricted Amended, Plat Book 6, Page 142 of the Commercial" To (C-2) "Liberal Public Records of Miami -Dade County, Commercial" Florida. 1362 NW 36 Street Lot 22 Less North 10 Feet, Block 15, From (C-1) "Restricted West End Park Amended, Plat Book 6, Commercial" To (C-2) "Liberal Page 142 of the Public Records of Commercial' Miami -Dade County, Florida. 1370 NW 36 Street Lot 21 Less North 10 Feet for Street, From (C-1) "Restricted Block 15, West End Park Amended, Commercial' To (C-2) "Liberal Plat Book 6, Page 142 of the Public Commercial' Records of Miami -Dade County, Florida. 1392 NW 36 Street Lots 15 to 17 Inclusive Less Street off From (C-1) "Restricted SE Corner of Lot 15, Block 15, West Commercial' To (C-2) "Liberal End Park Amended, Plat Book 6, Page Commercial' 142 of the Public Records of Miami - Dade County, Florida. a (Attachment A) a Property Address/Proposed Change is Legal Description 1396 NW 36 Street Lot 18 & 19 Less N 10 Feet, Block 15, From (C-1) "Restricted West End Park Amended, Plat Book 6, Commercial" To (C-2) "Liberal Page 142 of the Public Records of Commercial" Miami -Dade County, Florida. 3500 NW 12 Avenue East 60 Feet Lot 5 Less East 10 Feet for From (C-1) "Restricted Street, Block 1, West End Park Commercial" To (C-2) "Liberal Amended Plat, Plat Book 6, Page 142 of Commercial" the Public Records of Miami -Dade County, Florida. 3512 NW 12 Avenue Lot 4 Less East 10 Feet for Street, Block From (C-1) "Restricted 1, West End Park Amended Plat, Plat Commercial" To (C-2) "Liberal Book 6, Page 142 of the Public Records Commercial" of Miami -Dade County, Florida. 3501 NW 13 Avenue Lots 14 & 15, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial" To (C-2) "Liberal the Public Records of Miami -Dade Commercial" County, Florida. 3519 NW 13 Avenue Lot 16, Block 1, West End Park From (C-1) "Restricted Amended Plat, Plat Book 6, Page 142 of Commercial" To (C-2) "Liberal the Public Records of Miami -Dade Commercial" I County, Florida. ITEM PZ 9 SECOND READING PLANNING FACT SHEET APPLICANT Planning and Zoning Department HEARING DATE November 20, 2002 REQUEST/LOCATION Amendment to the Atlas of Zoning Ordinance 11000. LEGAL DESCRIPTION Complete legal description on file at the Hearing Boards. PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami by amending the Atlas by changing the zoning designation for the properties located at approximately 1213, 1219, 1223, 1231, 1241, 1253, 1257, 1265, 1275, 1331, 1335, 1353, 1359, 1361, 1369 and 1373 NW 35 Street; 1200, 1230, 1240, 1250, 1260, 1266, 1280, 1290, 1320, 1326, 1348, 1360, 1362, 1370, 1392, and 1396 NW 36 Street; 3500 and 3512 NW 12 Avenue, 3501 and 3519 NW 13 Avenue from (C-1) "Restricted Commercial' to (C-2) "Liberal Commercial". PLANNING RECOMMENDATION Recommended approval. BACKGROUND AND ANALYSIS See supporting documentation. PLANNING ADVISORY BOARD Recommended approval to VOTE: 8-0 City Commission. CITY COMMISSION Passed First Reading on December 12, 2002. APPLICATION NUMBER 00-040 Item #7 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 1/13/2003 Page 1 12323 ANALYSIS FOR ZONING CHANGE REQUEST Approximately: 1213, 1219, 1223, 1231, 1241, 1253, 1257, 1265, 127591331913359135391359,136191369 and 1373 NW 35 Street; 1200,1230,1240,125091260,1266,1280,1290,1320, 13269134891360913629137091392 and 1396 NW 36th Street; 3500 and 3512 NW 12th Avenue; 3501 and 3519 NW 13th Avenue; from (C-1) "Restricted Commercial" to (C-2) "Liberal Commercial" Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the proposal has been reviewed for an amendment to the Zoning Atlas as follows: APPROXIMATELY: (see attachment B). The following findings have been made: • It is found that the subject properties current zoning designation is (C-1) "Restricted Commercial". • It is found that the subject properties are actual use is (C-2) "Liberal Commercial". • It is found that the current zoning should be changed to (C-2) "Liberal Commercial' to meet the zoning designation of the adjacent liberal commercial community. • It is found that a change of zoning to (C-2) "Liberal Commercial' is a logical extension of the stated designation, this change will provide consistency with the Miami Neighborhood Comprehensive Plan. • It is found that the proposed change is consistent with the intent of the area and will not have an adverse impact on the adjacent community. Based on these findings the Planning and Zoning Department is recommending approval of the application as presented. 12323 � It m t 164®1 a© It,96all q omilialloo ND S± u �.»•�„>-V. ,� M �"' $ 4,•C. :ems S C, y,v Iry TOWz W-6jj ANN .:� 3! 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RESOLUTION PAB - 88-02 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION TO AMEND PAGE NO. 20 OF THE ZONING ATLAS FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1213, 1219, 1223, 1231, 1241, 1253, 1257, 1265, 1275, 1331, 1335, 1353, 1359, 1361, 1369 AND 1373 NORTHWEST 35TH STREET, 1200, 1230, 1240, 1250, 1260, 1266, 1280, 1290, 1320, 1326, 1348, 1360, 1362, 1370, 1392 AND 1396 NORTHWEST 36TH STREET, 3500 AND 3512 NORTHWEST 12TH AVENUE AND 3501 AND 3519 NORTHWEST 13TH AVENUE, FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL. HEARING DATE: November 20, 2002 ITEM NO.: 7 VOTE: 8-0 ATTEST- Gelabert-Sanchez, Dir . or Planning and Zoning Department I 12 9 2`3'