HomeMy WebLinkAboutO-12288J-02-678
7/15/02
ORDINANCE NO.12288
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 36 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 (CBD) "CENTRAL BUSINESS
DISTRICT" TO (G/I) "GOVERNMENT AND
INSTITUTIONAL" FOR THE PROPERTY LOCATED AT
APPROXIMATELY 73 WEST FLAGLER STREET,
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 June 19, 2002, Item No. 4, following an advertised hearing,
adopted Resolution No. PAB 43-02 by a vote of nine to zero (9-0),
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 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 amend
Ordinance No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
1228
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,
Page 36, Article 4, Section 401, Schedule of District
Regulations, is amended by changing the zoning classification
from (CBD) "Central Business District" to (G/I) "Government and
Institutional" for the property located at approximately 73 West
Flagler Street, Miami, Florida, more particularly described as
All of Block 115-A Less the Western 50 Feet for Street and Area
K/A Avenue East LYG East of Block 115-A and Lots 8 and 9 Block
115-N A/K/A Dade County Court House, MIAMI
NORTH, Plat Book B, Page 41 of the Public Records of Miami -Dade
County, Florida.
Section 3. It is found that the proposed Zoning
designation change:
(a) is necessary due to the inconsistencies between the
Zoning and the Land Use Designation of the subject
property;
(b) is consistent with the existing Dade County Court House
located at the said property;
(c) is consistent with Zoning Ordinance No. 11000;
Page 2 of 4 - 12288
(d) is positive and will not impose an adverse effect on
the area.
Section 4. Page No. 36 of the Zoning Atlas, made a part
of Ordinance 11000, as amended, the Zoning Ordinance of the City
of Miami, Florida, by reference and description in said
Ordinance, is hereby 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
simultaneously with its companion Comprehensive Plan amendment
(Ordinance No. ), which takes effect thirty-one (31) days
after second reading and adoption thereof pursuant and subject to
§163.3187 (3) (c) , Fla. Stat. (2001).!/
1� 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.
PASSED ON FIRST' READING BY TITLE ONLY this 10th day of
October 11 2002.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 29th day of October
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
2002.
APPROVED A-'' TZ eFORM JWW CORRECTNESS:
IAN'O VILARELLO
Y ATTORNEY
W1303:GKW:et:BSS
Page 4 of 4
ITEM PZ 8
SECOND READING
PLANNING FACT SHEET
APPLICANT Planning and Zoning Department.
HEARING DATE June 19, 2002
REQUEST/LOCATION Approximately 73 W Flagler Street
LEGAL DESCRIPTION Complete legal description on file with the Office of
Hearing Boards.
PETITION Consideration of amending page no. 36 of the
Zoning Atlas of Zoning Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401, Schedule of District
Regulations, by changing the zoning classification
from (CBD) "Central Business District" to (G/1)
"Government and Institutional".
PLANNING
RECOMMENDATION Recommended approval
BACKGROUND AND
ANALYSIS See supporting documentation.
PLANNING ADVISORY BOARD Recommended approval to VOTE: 9-0
City Commission.
CITY COMMISSION Passed First Reading on
October 10, 2002.
APPLICATION NUMBER 02-034 Item # 4
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
:......._.__._10_./1_.._5/2. _.002.._.. ._ .................._------ _....__.__.__......._._ __�_..._._.......__...__..__.__._......._ ._._......_.._....._......_... ........_..........__....:
Date: Page 1
12288
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ANALYSIS FOR ZONING CHANGE REQUEST
APPROXIMATELY: 73 W. Flagler Street
CASE NO: 02-0034
The requested proposal has been reviewed for changes to the Zoning Atlas of Zoning
Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. The
said proposal will change the current zoning designation from (CBD) "Central Business
District" to (G/I) "Government and Institutional'. The subject property is the location of
the Historic Dade County Court House located at 73 W. Flagler Street, more particularly
described as All of Block 115-A Less the Western 50 Feet for Street & Area K/A Avenue
E LYG East of Block 115-A & Lots 8 & 9 Block 115-N A/K/A Dade County Court
House, MIAMI NORTH Plat Book B, Page 41 of the Public Records of Miami -Dade
County, Florida.
This change is consistent with the proposed use of the aforementioned historic Dade
County House.
The Planning and Zoning Department is recommending approval of this
amendment as presented based on the following findings:
• It is found that this property will be utilized for Governmental use; therefore the
recommendation of (G/I) is consistent with the use of the subject property.
• It is found that the proposed zoning change is consistent with Zoning Ordinance
11000.
• It is found that existing at the subject site is the Historic Dade County Courthouse.
• It is found that the subject change is positive and will not impose an adverse
effect on the courthouse or the adjacent properties.
Based on these findings, the Department of Planning and Zoning is
recommending approval of the requested Amendment to the Zoning Atlas of
Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida.
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RESOLUTION PAB - 43-02
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION TO AMEND PAGE NO. 36 OF THE ZONING ATLAS
FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, BY CHANGING THE ZONING DESIGNATION
FOR THE PROPERTY LOCATED AT APPROXIMATELY 73 WEST
FLAGLER STREET FROM CBD CENTRAL BUSINESS DISTRICT TO G/I
GOVERNMENT AND INSTITUTIONAL.
HEARING DATE: June 19, 2002
ITEM NO.: 4
VOTE: 9-0
ATTEST:
A,Mt6elab,otancliez, Director
Planning and Zoning Department