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Home My WebLink AboutO-1083177 J-90-391 1/4/91 ORDINANCE NO. 10831 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 102-170 SOUTHWEST 7TH STREET AND 701-721 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board at its meeting of May 16, 1990, Item No. 5, following an advertised public hearing, adopted Resolution No. PAB 33-90, by a 7 to 0 vote, RECOMMENDING APPROVAL of the request to amend the Zoning Atlas as hereinafter set forth; and WHEREAS, on February 15, 1990, the City Commission passed Motion No. 90-170 deleting the proposed classification for the area of 715-721 S.W. 2nd Avenue from the Zoning Ordinance and Atlas Map; further directing the Administration to refer same to the Planning Advisory Board for further study; 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 the Zoning Atlas as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE.COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification, from C-1 Restricted Commercial to C-2 Liberal Commercial, of those certain parcels of property located at approximately 102-170 Southwest 7th Street 10881 and 701-721 Southwest 2nd Avenue, Miami, Florida, more particularly described as Lots 1-10, Block 525, MIAMI (A.L. KNOWLTON), according to the plat thereof, as recorded in Plat Book B at Page 41 of the Public Records of Dade County, 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 in harmony with the established land use pattern; C. is related to adjacent and nearby districts; d. is not out of scale with the needs of the neighborhood or the City; e. maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc.; f. has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification; g. has the same or similar impact on drainage as the existing classification; h. has the same or similar impact on light and air to adjacent areas as the existing classification; i. conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. Section 3. Page No. 36 of the Zoning Atlas, made a part of Ordinance No. 11000 by reference and description in Article 3, Section 300 thereof, is hereby 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 hereby repealed. -2- i0831 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 forty-five (45) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 28th day of June , 1990.. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of January ATT ES4 MATT HIRAI, CITY CLERK PREPARED AND APPROVED BY: CORRECTNESS: , Z-i V JOEJ - E . MAXWELL CHU ASSISTANT CI Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -3- 10831 R APPLICANT PETITION PZW-.5: PLANNING FACT SHEET City of Miami Planning Department: April 18, 1990 Lots 1-10 Block 52S MIAMI (A.L. KNOWLTON) (B-41) PRDC Per City Commission Motion 90-170, February i5, 1990, consideration of amending Ordinance 11000, as amended, the new Zoning Ordinance of the City of Miami, to be effective September 4, 1990, by changing the Zoning classification of the subject property from C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL. (Note: This is a companion item to item 4.) REQUEST To amend new Zoning Ordinance 11000 by changing the zoning classification of the subject property to C-2 Liberal Commercial. RECOMMENDATION PLANNING DEPARTMENT Approval. BACKGROUND During hearings on new Zoning Ordinance 11000, sponsored by the Planning Department, the Planning Department had recommended a zoning classification of C-1 Restricted Commercial for these propbrties to bring them into conformity with the Comprehensive Plan which showed them as Restricted Commercial. During hearings on 2nd reading of the new Ordinance on February 15, 1990, the Commission passed the following motion: MOTION 90-170 "A MOTION DELETING THE PROPOSED CLASSIFICATION FOR THE AREA OF 715-721 S.W. 2ND AVENUE FROM THE ZONING ORDINANCE AND ATLAS MAP; FURTHER DIRECTING THE ADMINISTRATION TO REFER SAME TO THE PLANNING ADVISORY BOARD FOR FURTHER STUDY." This change of zoning classification will require an amendment to the Miami Comprehensive PAB 5/16/90 Item #5 Page 1 of 2 10831 0 Neighborhood Plan 1989-2000, which is being requested in a companion item. ANALYSIS loser examination of the subject property, Mnthe Planning Department finds that there is a mixture of commercial and residential properties which are likely to remain; at least two of the 10 lots are occupied by liberal commercial uses. This action, if approved, essentially retains the status. quo. The properties were zoned•'CG- 2/7 in Zoning Ordinance 9500; this recommendation is to retain the equivalent C-2 zoning. The only "change" in zoning was caused by the Planning Department proposal to upgrade the area to C-1 zoning prior to the effective date of Zoning Ordinance 11000. PLANNING ADVISORY BOARD At its meeting of May 16; 1990' the Planning Advisory Board adopted Resolution PAB 33-90 by a 7-0 vote, recommending approval of the above. Two PROPONENTS were present at the meeting. Two replies in FAVOR were received by mail. Is PAS 5/16/90 Item #5 Page 2 of 2 10831 V F. 111111= 111111= I TR r8� AL D CO SECTI ONE 'aI _ e• °: •0 ` T. 1 s i • • q 11 la 1 11 1• Im6aa�e�►' o meee asee� �v11PmG�r� .1111 Ilk. ANIN PIC ��aoop000v:� 1 RIM aomemArm �a �1 PROPERTY OF MIAMI 'STEAM ELECTRIC STATIO FLORIDA POMtR AND LIGHT ' CO. I m I/T M 11 la 1, 1• �, 1 _1e 4 .w. 4 ST T NATCMER ENTERPMKI PRwaff" TR.Y _ � T a.nr ••. / Eo �6aR �I �Ilps R 11�� 6:��5�� oil�a�� gamo Afl- v,�� oQ�AELAW ��voomvoo� 5 � � 1 � {a 1• N 11 1• 1 � r It to la l• 1• It w 1 • i • • M � , S V Log T S.W. 1 . ; tong all 1. 1 N D•®V • .. .. .. .... .... y �10831z 1011s411�1 9001ms9��; � EMMI ��AO dGI�C� w [I III Q :0 SECTIDst�I PROPERTY OF' L MIAMI STEAM ELECTRIC STATION T�•a° FLORIDA POWER AND LIGHT CO. G/1 MIA.M.1 a • • . s Az t � rl t It N I• t� If �� lw �i .Ri; �','�,�,'••: ?� ?�? •�::ri�;14:�f.�.` ate° s u is I♦ to a pt +• pj III If I r 1;40 14 1 r THATCHER • ENTERPRflES PROPERTY Ttz*X RIVER. s APO =I { NMI sfvfrr� �0000aa�Qa q�C� 9�O1Q�9 �EEI gyp° goo av� Dame IMF er S T. , o f s r s•+ _ S �S ;, ,� a r, y ,+ n , • O � ST- • r • • • s CITY a:, �!e •!o `„` °, �. � �.. : ,: . IPA►, e E� Ordinance 1054 t • r s !iW 1989-2000 t Approx: 102-17 ' S.W. 7 St., . !• n u • 701-721 S.W. *• 2nd Ave. S.W. u ' From: Rest. Co- f • 4 • t To: General Co. h� i J i � � � � �.e, j�� ■ � _ 1 ilk / ', • ..a:s is ' v� 4 i r s ! y G7 +: ter. lr •T 9 y��A7 :1� .r1i+ti /OI.'�' (�j"jj��....1� � ��It — AFE t .Ato i V: iv ir 5' of �''i+�,, 1 y` yy,,�� _`_�Fw'' � 1. • L Y ,t �i" 1 ( i� • 1 i . ANALYSIS 1= 12 tia X The proposed change is in harmony with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, and does not require a plan amendment. X The proposed change is in harmony with the established land use pattern. X The proposed change is related to adjacent and nearby districts. X The change suggested is within scale with the needs of the neighborhood or the City. X The proposed change maintains the same or similar population density pattern and thereby the load on public facilities such as schools, utilities, streets, etc. is the same. X Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. X There are changes or changing conditions that make the passage of the proposed change necessary. X The proposed change positively influence living conditions in the neighborhood. X The proposed cbange,-has the same or similar impact on traffic and does not affect public safety as the existing classification. X The proposed change has the same or similar impact on drainage as the existing classification. X The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. X The proposed change has the same or similar impact on property values in the adjacent areas as the existing classification. X The -proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. 7I0£331 X X 19 The proposed change conveys the same treatment to the individual owner as to the owner within the same classification and the immediate area; and furthers the protection of the public welfare. There are substantial reasons why the use of the property is unfairly limited under existing zoning. It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitted such use. 10831 7 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on lath says that she Is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal 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 MAMI Ordinance No. 10831, etc. X X X Inthe ......................................... Court, was published In said newspaper in the Issues of February 21, 1991 Afflant 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 gubllshed 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 ty, Florida, for a period of one year next preceding the at pu Iicatlon of the attached copy of advertisement; and affl nt furt r says that she has neither paid nor promised any per on, fir or corporation any discount, rebate, commission or efun for the urpose of securing this advertisement for pu Ica n In the at newspaper. .AWn'Rto . Wsgpscribed before me this i 91 21s ... day of ... A.D. 19...... . (SEAL) �•'�4rf OF .•` "�....+' °OFFICIAL NOTARY SEAL" CIiERYL It. MARMER COP11,1, EXP. 4/12/92 M AND, PARALLEL TO7HE SOUTH RIGHT•OF•WAY LINE:OF ; SOUTHWEST 7'M STREET, 13ETWEEN SOUTHWEST 42ND,' AVENUE ANb SOUTHWEST 43RD AVENUEt'MIAMI, FLOR1bA (MORE.:PARTICULARLY.'.DESCRIBED HeREIty), BY.•�WAN�INi�! THE DESIGNATION O'F: THE .FROM - SINGLE FAAMILY; RESIDENTIAL AND AI18tRIOTED COMMERCIAL TO GENERAL COMMEROIAL; MAK.INb`°'PINDING13 INSTRUCTING,THE CITY.CLERKTO TAANSMIT`A`COPYaOF THIS ,ORDINANCE TO(AFFECTED AGENCIE§; OONTAININGA" REPEALER PROVISION;='AND; SEVERAbILITY: CLAUSE;• AND, PROVIDING AN EFFECTIVE DATE. ORDINANCE NO 0828, AN ORDINANCE; AMENDING THt ZONINd,ATLA$ OF $ECTIdN '3509'OF"ORDINANCE-NO. 9500; AJ AMENDED, THE ZONING'` ' ORDINANCE 'OF THE'CITY OF MIA' 1, F(ORidA, BY CHA Ci ING THE ZONING C ;1, IFICATIOIJ FRO KII AS'-"f2 ONE FAMILY DETACHED . RESIDENt1AL,FOR; LOT LESS NORTH;20'; LOTS'28=33 LESS NORTH 20 .;'RQ'2id'GN ERAL.RESIDENTIAL FOR LOT 34 ESS,NlafitH 20'; CR 2!I RESI 15ENTIAL COMMERCIAL".(COMMUNITY) FOR`LOTS, 1�23.AND LOT 24 LES$:WEST b.';:AND OR 3/Ir_RESIbENTiAL COMMER ' CIAL (GENERAL) FOR;LOTS..1.5 AND.L07 85.37.ANCI LOT 38 LESS , ORTH 2', ALL TO. CG-117 GENERAL COMMERCIAL F.OR THE.PROPERTY LOCATED AT.4201.99 AND .4200 4298 SOl1TH• WEST'7 ST�tEET, MiAMf FLORIDA; ALSO'bESCRIB.EO AS'ALL ` OF BLOCK 3, TRAJUNE=PARK, AS REGOfDED, IN P.,LAT GOOK 14 AT'PAGE 12 OF THE'PUELIC RECORbB O DADE COUNTY', .......,.. ..1... ..0 i�.v, u.. ., r. —I� ae .eee•k ti-u nuXkii- REPEALEREPROVISIONAND A"SEVERABILITY CLAUSE ORDINANCE NO 10829 AN "ORDINANCE AMENDING THE ZOINQ ATLAS OF ORDI NANCE NO 11000, AS`AMENDED, THE Z6NI 10'"Of±D)NANCE ` OF THE CITY OF MIAMi;'FLORIDA, BY CH►1dG NG THE ZONING. CLA$$IFICATION FROM, R-1, WITH SD,•12t1 E �T FOR,tOT 25 LESS WEST,5•' AND LESS NORTH"20'IO[S 2838 LESS NORTH 20!; ,R,3. WITH,,SD,12 OVERLAY FOR LOTt34 LESS' NORTH 20' AND C-1 FOR LOTS 11.23 AND LOT 24 LESS WEST 5' ;AND LOTS''35-37 AND, LOT'38 LESS NORTH 20',,. ALSO DESCRIBED"AS ALL .OF BLOCK 3, TQA,IUNE+PARKj6,S , RECORDED IN:PLAT BOOK 14, AT PAGE I2,;OF-THE PUBLIC ..........,....... .., n.� ...., wtv �, mm�w-;.., 1 irf% n'ez wiJn'GV MAKING'"ALL THE NEGtbbAHT. UHANUtb,UN'r'Aue,rrv. oc OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. • ` ORDINANCE NO. ID830 AN ORDINANCE AMENDING THE FUTURE LAND USE.MAP OF , ORDINANCE,NO. 10544I,'.THE.MIAMI- COMPREHENSIVE'NEIGH• BOR,HOOD'PLAN :,9899000..FOR PROPERTY; LOCATED` -AT APPROXIMATELY iO-�il0 SOUTHWEST. 7THMREET' AND. 701.721 SOUTHWE$T;2ND AVENUE, MIAMI, F).QRIDA ;MORE;= 1GNAT101� . F;,THE SUBJECT PROPERTY FROM RESTRICTED', COMMEW. L'TO GENERAL COMMERCIAL; MAKINgTINDpr: INGS; INSTRUCTING THE CITY CLERK TO TRANSMIT 4,COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;;CONTAINING4' A REPEALER PROVISION AND SEVERAB. iQtY'GLAUSE� PROVIDING AN EFFECTIVE DATE, ry Page 1 of 2 CM L) 6c, Page 2 of 2