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HomeMy WebLinkAboutO-11023J-92-699 10/22/92 11023 ORDINANCE N0. AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO.. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY EXTENDING THE BOUNDARIES OF SD-9, BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTIES FRONTING ON BISCAYNE BOULEVARD FROM APPROXIMATELY NORTHEAST 36TH STREET TO NORTHEAST 60TH STREET AND FROM THE LITTLE RIVER CANAL TO NORTHEAST 82ND STREET (MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A", REFERENCED HEREIN AND MADE A PART THEREOF); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 9, 14 AND.15 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 16, 1992, Item No. 6, following an advertised public hearing adopted Resolution PAB 29-92 by a vote of nine (9) to zero (0), RECOMMENDING APPROVAL of an amendment of the Zoning Atlas of 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 grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ATTACHMENT (4) CONTAINED 11023 Section 1. The Zoning Atlas of Ordinance No. 11000, the zoning ordinance of the City of Miami, Florida, is hereby amended by extending the boundaries of the SD-9 Biscayne Boulevard North Overlay District on the properties fronting on Biscayne Boulevard from approximately Northeast 36th Street to approximately Northeast 60th Street and from approximately the Little River Canal to approximately Northeast 82nd Street (more particularly described in Attachment "A", referenced herein and made a part thereof), Miami, Florida. Section 2. It is hereby 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 load on public facilities such as schools, utilities, streets, etc.; (f) is necessary due to change or changing conditions; (g) will not adversely influence living conditions in the neighborhood; -2- 11023 (h) will not create or excessively increase traffic congestion or otherwise affect public safety; (i) will not create a drainage problem; (j) will not seriously reduce light and air adjacent area; (k) will not adversely affect property values in the adjacent area; (1) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and (m) will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. Section 3. Pages No. 9, 14 and 15, made a part of Ordinance No. 11000 by reference and description in Article 6, Section 609 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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 (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 22nd day of October, 1992. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of November , 1992. Z l) ATTE a MATTY HIRAI City Clerk PREPARED AND APPROVED BY: LINDA KEL Y K , ARSON Assistant City Attorney LKK/pb/M958 VIER L'. VUARHVZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A N J , III City Atto n y -4- 1023 ATTACHMENT "A" LEGAL DESCRIPTION FOR PROPOSED OVERLAY SD-9 TRACT 4 BISCAYNE SHOPPING PLAZA 1 ST ADD. & CORR. 57-34 BLK 2 LOTS 1-51, 5 & 16 BRANT COMMERCIAL CORNERS 15-23 TRACT 3 BISCAYNE SHOPPING PLAZA 1ST ADD. & CORR. 57-34 TRACT 2 BISCAYNE SHOPPING PLAZA 1ST ADD. & CORR. 57-34 BLK 18 & 18B LOTS 12-21 COMMERCIAL SHORE CREST 17-16 BLK C LOTS 19-26 COMMERCIAL SHORE CREST 17-16 BLK D LOT 11-15 COMMERCIAL SHORE CREST 17-16 BLK E LOTS 1-7 BAYSHORE REV. 9-60 BLK 4 LOTS 1-6 BAYSHORE REV. 9-60 BLK 3 LOTS 10-18 BAYSHORE 5-116 TRACT A FEDERAL WAY BLK 4 2ND AMEND 38-68 BLK 1 LOTS 1-6 & 15-21 FEDERAL WAY AMEND 25-6 TRACT B PIERCE DIV. OF LEMON CITY AMEND. 31-72 LOTS 1-4 D.B. MAP 3137-341 LOTS 5-8, 29-32 BIS-FED SUB 59-56 LOTS 9-14, 23-28 D.B. MAP 3137-341 11. i.12 3 BLK 13 LOTS 6-8 BAYSHORE UNIT NO. 4 16-30 BLK 15 BAYSHORE UNIT NO. 4 16-30 TRACT A PIERCE DIV. OF LEMON CITY AMEND 31-72 UNPLATTED N.E. CORR. GOVT. LOT 4 TRACT A BLVD. NATL BK FIVE THOUSAND PROP. 67-59 TRACT A PUBLIX-BISCAYNE & 48TH 82-44 TRACT A EXOTIC GARDENS SUB 85-29 TRACT A TOWER AT BAY POINT 117-85 TRACT A TEBCO SUB 92-59 TRACT A HELLER TR 102-9 TRACT A B.W.R. ASSOCIATES TRACT 119-100 THE NORTHERLY 195.4 OF LOT 36 PKG MAGNOLIA PARK 2ND AMEND 5-25 TRACT A A.M. U. SUB 104-73 TRACT A LIPCHIN MANOR 1ST ADD. 85-18 PAR. C LIPCHIN MANOR 5-72 TRACT A PALSMITH 51-55 TRACT A A.A.A. PROP. 91-84 . TRACT A JEWISH FEDERATION TR 90-13 TRACT A VACCA SUB 85-27 TRACT A WLBW-TV STUDIO SITE 80-44 LOTS 37-39, 56-58 MAGNOLIA PARK 2ND AMEND 5-25 LOTS 33-36 GOVT. LOT 7 LOTS 31,33,35, 37, 39, 40 BUENA VISTA BISCAYNE BADGER CO. 1-115 LOTS 23, 25 BUENA VISTA BISCAYNE BADGER CO. 1-115 LOTS 29-31 GOVT LOT 7 LOTS 41-45 MAGNOLIA PARK 2ND AMEND 5-25 LOTS 52-54 MAGNOLIA PARK 2ND AMEND 5-25 LOTS 14 & 15 'AGNOLIA PARK 2ND AMEND 5-25 BLK 6 LOT 19 BAYSHORE PLAZA NO. 5 43-74 BLK 6 LOT 1 BAYSHORE PLAZA NO. 4 42-2 BLK 5 LOT 17 BAYSHORE PLAZA NO. 4 42-2 BLK 5 LOT 1 BAYSHORE PLAZA NO. 3 41-73 BLK 4 LOT 1 GOVT. LOT BAYSHORE PLAZA NO. 3 41-73 BLK 4 LOT 1 GOVT LOT BAYSHORE PLAZA NO. 2 41-61 r i1023 BLK 3 LOTS 1 & 16 BAYSHORE PLAZA NO. 2 41-61 BLK 2 BLK 5 LOT 1 LOTS 3-8 BAYSHORE PLAZA NO. 2 41-61 BAYSHORE 5-116 LOT 53 BLK 6 BAYSHORE PLAZA 39-51 LOTS 11 & 12 GOVT. LOT 6 BAYSHORE REV. 9-60 LOTS 1 & 2 BAYSHORE PLAZA 39-51 BLK 24 LOTS 1-4 BAYSHORE UNIT 3 12-50 BLK 23 LOTS 1-4 BAYSHORE UNIT 3 12-50 BLK 16 LOTS 1-4, 6 BAYSHORE UNIT 2 9-98 BLK 12 LOTS 1-4 GOVT LOT 7 BAYSHORE UNIT 2 9-98 r t1 02� PLANNING FACT SHEET PZ= 6 APPLICANT Planning, Building and Zoning Department September 9, 1992 LOCATION Biscayne Boulevard from N.E. 36th Street to N.E. 60th Street and from the Little River Canal to N.E. 82nd Street. LEGAL DESCRIPTION Generally, those properties which front on Biscayne Boulevard from approximately N.E. 36th Street to N.E. 60th Street and from the Little River Canal to H.E. 82nd Street.(Complete legal description on file with the Hearing Boards Division). PETITION Consideration of amending the Zoning classification in the Official Zoning Atlas of Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, amending the SD-9 Overlay District to reflect an extension of the district from approximately N.E. 36th Street to N.E. 60th Street and from the Little River Canal to N.E. 82nd Street in what is presently an underlying district of Office and Restricted Commercial uses. PLANNING RECOMMENDATION Approval BACKGROUND AND The City Commission on the meeting of February 18, 1992 instructed the ANALYSIS Planning, Building and Zoning Department to prepare a Comprehensive Study for Biscayne Boulevard from N.E. 36th Street to N.E. 87th Street. Biscayne Boulevard is a primary corridor and entrance to Miami. In past years the condition of the Boulevard has deteriorated and its image is not consistant with its role. The proposed amendment to the SD-9 Overlay District would encourage development of appropriate uses along the Boulevard and provide a positive revitalization of the area, upgrade visual qualities of the Boulevard and assure a better transition into the residential areas. PI.A nNG ADVISORY BD At its meeting of September 9, 1992, the Planning Advisory Board adopted Resolution PAB 29-92, re— commending approval of the above by a vote of 9-0. CITY COMMISSION At its meeting of October 22, 1992, the City Commission approved the above on First Reading. 11(0 � APPLICATION NUMBER 92- 27 PAS 09/09/92 Item w 6 08/13/92 Page 1 102- -i �•(� 3 t i r �- :�� �`. �. , ice_ r 4. AM ly WPM • i 11 x=. IIY�AAr ` SSW Awl 11 a As ..� ��� • .t --'.t. l.s` ,ice ` may 170 `- f_ .� b .i yip - .s`- i .f ..•1 P' •�? . ,,yv 'v�yg'. K-I• y`'�r' �.x • 5 � - 47�+: '.�i . `1 '� 7Ra , _ •� i. � � -"�Y ..� '` Y f'.---� i _ • 'yam � I ,,:. '.,� _ �C.' 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STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legaf Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11023 in the .......... K..X.X....................... Court, was published in said newspaper in the issues of November 20, 1992 Affiant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade Cou ty, Florida, for a period of one year next preceding the first ,logy of the attached copy of advertisement; and affiant f rt er says that she has neither paid nor promised any person, fi or corporation any discount, rebate, commission or ref for the purpose of securing this advertisement for public n in the sai^ewsoaver. Sworn to and subscribed before me this 20th ay of November 92 A.D. 19....... (SEAL) Sookle WIIIfa 7=172108 [DA CN1Y % CITY OF MIAMI, FLORIDA LEGAL NOTICE All interested persons will take notice that on the 12th day of November, 1992, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 11020 AN EMERGENCY ORDINANCE ESTABLISHING A TRUST AND AGENCY FUND ENTITLED: "PROFFERED TRUST FUND" CONSISTING OF VOLUNTARY CONTRIBUTIONS FROM PRIVATE DEVELOPERS; APPROPRIATING $84,000 FOR THE OPERATION OF SAID TRUST FUND; AUTHOR- IZING THE CITY MANAGER TO EXPEND $25,000 OF SAID APPROPRIATION FOR THE PURPOSE OF PROVIDING SECURITY RELATED IMPROVEMENTS AT RAINBOW VIL- LAGE, A PUBLIC HOUSING FACILITY LOCATED AT APPROXIMATELY 2140 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, AND TO EXPEND AN ADDITIONAL AMOUNT, NOT TO EXCEED $10,000, OF SAID APPROPRI- ATION FOR THE PURPOSE OF A STUDY OF ALTERNATE SOLUTIONS TO THE COCONUT GROVE PARKING PROBLEM; AND TO EXPEND ADDITIONAL AMOUNTS OF $24,500 EACH FOR THE PURPOSE OF IMPROVING VIRRICK AND DORSEY PARKS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11021 AN ORDINANCE AMENDING SECTION 40-229 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR CHANGES IN INVESTMENT GUIDE- LINES AND TYPES OF FUNDS WHERE INVESTMENT MAY BE MADE FOR MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11022 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING; ARTICLE 6, SPECIAL DISTRICTS, SECTION 609. SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT TO CLARIFY INTENT AND LIMIT AND PROHIBIT CERTAIN PERMITTED PRINCIPAL AND ACCESSORY USES AND STRUCTURES, CONDI- TIONAL PRINCIPAL AND ACCESSORY PERMITTED USES AND PROPOSED SIGN LIMITATIONS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11023 AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY EXTENDING THE BOUNDARIES OF SD-9, BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTIES FRONTING ON BISCAYNE BOULEVARD FROM APPROXIMATELY NORTHEAST 36TH STREET TO NORTHEAST 60TH STREET AND FROM THE LITTLE RIVER CANAL TO NORTHEAST 82ND STREET (MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A", REFERENCED HEREIN AND MADE A PART THEREOF); AND BY MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 9, 14 AND 15 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABIL- ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. crtY °` MATTY HIRAI ? CITY CLERK MIAMI, FLORIDA ��0�co no°`Oo I (#542) 11120 92-4-112052M