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HomeMy WebLinkAboutO-10849AftIda, J--90-389 10/5/90 ORDINANCE NO. 10849 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 FOR THE BLOCK BOUNDED BY NORTHEAST 50TH TERRACE AND NORTHEAST 51ST STREET BETWEEN NORTHEAST 2ND AVENUE AND NORTHEAST 1ST COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-1 SINGLE FAMILY, R-3 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL TO G/I GOVERNMENT INSTITUTIONAL; BY MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 16 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 25, 1990, the City Commission passed Motion No. 90-83 modifying, on First Reading, Ordinance No. 11000, the New Zoning Ordinance by changing the zoning classification for all the Miami Jewish Home & Hospital for the Aged property located in the area of N.E. 2 Avenue and 52 Street from CG-2/7 to G/I (Government/Institutional); further instructing the Planning Department to conduct a study of the area and bring back a recommendation at the time of the second reading of the New Zoning Ordinance; and WHEREAS, the Miami Planning Advisory Board at its meeting of June 6, 1990, Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 41-90, by a 8 to 1 vote, RECOMMENDING APPROVAL of the request to amend the Zoning Atlas 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 the Zoning Atlas as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 10849 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 R-1 Single Family, R-3 Medium density Multifamily Residential and C-1 Restricted Commercial to G/I Government Institutional, for the block bounded by Northeast 50th Terrace and Northeast 51st Street between Northeast 2nd Avenue and Northeast 1st Court, Miami, Florida, more particularly described as Lots 1-12, Block 6, ALTA VISTA CORRECTED, according to the plat thereof, as recorded in Plat Book 6 at Page 4 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. existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; g. is necessary due to changed or changing conditions; h. positively influences living conditions in the neighborhood; i. has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification; j. has the same or similar impact on drainage as the existing classification; -2- 10849 k. has the same or similar impact on light and air to adjacent areas as the existing classification; 1. has the same or similar impact on property values in the adjacent areas as the existing classification; M. will contribute to the improvement or development of adjacent property in accord with existing regulations; and n. 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. 16 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. 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 26th day of July , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of February , 19 XAVIER L. S EZ, MAYOR ATTE k.0.64.. MAT HIRAI, CITY CLERK PREPARED AND APPROVED BY: P� '�' J L/P L . MAXW EF ASSIST EM/db/M637 CITY ATTORNEY _3_ APPROVED AS TO FORM AND CORRECTNESS: 10849 APPLICANT PETITION 2. PLANNING FACT SHEET City of Miami Planning Department: April 18, 1990 Lots 1-12 Block 6 ALTA VISTA CORRECTED (6-4) PRDC Per City Commission Motion 90-83, January 25, 1990 consideration of amending Ordinance 11000, as amended, the new Zoning Ordinance of the City of Miami, Florida, to be effective September 4, 1990, by changing the zoning classification of the subject property from R-1 SINGLE FAMILY, R-3 MEDIUM DENSITY MULTI FAMILY RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL to G/I GOVERNMENT INSTITUTIONAL. (Note: This item is a companion item to item 1). REQUEST To amend new Zoning Ordinance 11000 by chap ing the Zoning Classification of the subject property to G/I Government Institutional. RECOMMENDATION PLANNING DEPARTMENT Approval. BACKGROUND On January 25, 1990 during discussion of 1st reading of new Zoning Ordinance 11000 the Commission passed the following motion: MOTION 90-83 "A MOTION CHANGING THE ZONING CLASSIFICATION FOR ALL THE MIAMI JEWISH HOME AND HOSPITAL FOR THE AGED PROPERTY LOCATED, GENERALLY, IN THE AREA OF N.E. 2 AVENUE AND 52 STREET, FROM CG-2/7 TO G/I (GOVERNMENT/INSTITUTIONAL); FURTHER, INSTRUCTING THE PLANNING DEPARTMENT TO CONDUCT A STUDY OF THE AREA AND BRING BACK A RECOMMENDATION AT THE TIME OF THE SECOND READING OF THE NEW ZONING ORDINANCE." Certain changes were made in furtherance of the Commission's direction, however, disclosure of 10849 ANALYSIS or r PLANNING ADVISORY BOARD the legal description of the full extent of the subject property was only made several days after the conclusion. of 2nd reading of the Ordinance on March 8th 1990. Therefore there is need to consider this item. This particular block necessitates an amendment to the Miami Comprehensive Neighborhood Plan 1989-2000, which is being requested through a companion item. This item recognizes the institutional use of the property and reorganizes and consolidates three separate zoning classifications into a single institutional classification. This change in zoning classification will be consistant with institutional property to the north and west and will create a more uniform zoning pattern. This zoning classification will facilitate the orderly expansion of the institutional use (See the Analysis attached). At its meeting of June 6, 1990, the Planning Advisory Board adopted Resolution PAB 41-90 by a vote of 8- 1, recommending approval of the above. Two replies AGAINST and five replies in FAVOR were received by mail. CITY COMMISSION At its meeting of July 26, 1990, the City Commission passed the above on First Read- ing. r. • ==n=. " `a� ,tea t�mu of- 71, •��� .� r!NM �.,.,. �v • �s FF44- t- I , ` � '3��1 •E�PIl�QYV��•47� III .:O O` min—,� Q ©m:10 .-�1 Inc: menlepen- R--*7 at N. 53 vall WUGLU GARDENS REMSED > R Q Q r • a Tm W RGoffy3/5 z N - .0 R 2/5 tor? 1,8 Is a I 3 '6' TII'C' Tit 'e' p I 2/5N M� •• • a: 1 • a i :?? t � 1• a le n N .. • ��� ! i 1 • • s • i 1 • T • • �O '• � '°� � : H 1• A 1• 1 ' M le • '� • Co RGion,2/4 Sao o"I a C) 2 M_ M n aof 4 ft GmV5 a 1• n r 4 off 1 T �o s er ♦ 11 • • r e • .� M �,� le � • o ' � p E. I ' Ordinance 100 i 1 .4 11 • i • to N E 41 Zoning Ordinau • w 1Wv • • �• • ' ' M T • • , 1 Approx: N.E. 5 • a i 1 . • �/ � ,� • Terr. and N.E. • , 4 , , a , • , e t • ' ' T ' ,. 51 S t . between N.E. 2nd Ave. • • �• • , s T 4 2 ' 3 ~ e o N.E. ist Ct. 2 I W o N �• IT �• a oVIVII �� u Is = • w 1f a • • 10 o1 T • : , = i From: R-1, R-' N.L. �T $T �� a e T • and C-1 N.E 47 of G/I a , F C , I nen S/tr,/Qn 10849 ��m�e�veo�z�a i �msfla�mmr�s "tip .�� "�' ,x t �• •t., �, �*.! ♦ � - ai f;, W , & w•1•r:. 01 l ( }y ► S ;� } '•2;. VAJ Kul VZ j � �h � Iqr���;--_�Jq, _ �- s • f �� ` •��,1 .4..,;a�'°� �`"��+,as;YJ 5 y �• • ■ ,v, pia:. ��� �� ° � _ *)I If 17 Iff •—•_^ __..L2ee.,. rL� L� �,1.�'�'.( '�� ^!ti sv'f'rrS-.-y5+�yX. , .�. (y� �i r1 � ��'�-_t .� . '� y � ate_—� _ 7.9a"YW.7'.y^tLW% 4� �y, Iy 1 • 'a, 'ion oil - * yOR ML A X, i t. ANALYSIS 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 change 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. 10849 5 I X 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,pubiic welfare. X There are substantial reasons why the use of the property is unfairly limited under existing zoning. X It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitted such use. 10849 12 `�V O1AIr� .AiLltlteteNt`erl nlhtlfAlVi Wltt '1'Bi4h r,l¢Iywr 14,Yi ;..i � tlRDINANCIRi'brd` A� tlN�t�I�JAN'rye AM�NDiW"THE'ZON �dfia'o 761�irt rv� b MIMi . "/+li K►f>4rtf rr=�+c.1'.�. rr cu,a. ... - 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 Sookie 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 MIAMI Ordinance No. 10849 In the .. X X X ..... Court, A81LI was published in said newspaper in the Issues of DATt March 20, 1991 € AN,o ` ORbll new%apertpublished further sat Miami ays that Inesaid dD die County, ami eFloridw is a and thhat the sold 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 Co Florida, for a period of one year next preceding the firs ub cation of the attached copy of advertisement; and afflan�I, urth r says that she has neither paid nor promised any persofl or corporation any discount, rebate, commission or re d or the purpose of securing this advertisement for publii in the ypid newspaper. •,9 ���yyyyyy � (SEAL) t r r r•.,141 �J \O ar as � Of• F��aa a�Yl Y„s "OFFICIAL PIOTARY SEAL" OCTELMA V. FERBEYRE MY COMM. EXP. 7/9/94 tl m �tavnF;re�r7� n.vu�lY�TnEyIIN), FRQIIA: R=1 SINZi:LE'FA'MILY, R4 EDlUM R.S,NSITY �CdMMERc AL o G/1 E OVERNM NT fJS7 T} jl NALD, ,, 1 BY'"lul'AKING FIN DINGS;, ANDBY MAKING ALL NECESSARYYCHANGES ON PAGE NUOSER '6 CF SAID :• ZONINCi''ATLAS 00NTAININI"A`REPEALEIj"PROVISICN AND SEVERABILITY, CLAUSE, AND• PROVIDING AN EFFECTIVE DATE. ORDINANCE NO t0Q50 AN ORDINANOE AMEIJDING THE FUTURE LAND IISE MAP "OF'ORDINANCEO. •10544, THE MIAMI COIyIPR1 HENSIVE NEIGHBORHOOD, PLAN,.igQg-20pQ, .FOR." PROPERTY LOCATED:AT APPROXIMATELY 35 5� 6 RD STREETHEAST , FLORIQA (MdAE PARTOIQULARLY l r f DESCRIBED HEREIN), BY, CHANGING THEDESIGNA ,= TION OF THE SUBJECT PROPERTY FROM MAJOR PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO DUPLEX RESIDENTIAL; MAKING' FINDINGS, INSTRUCTING THE CITY CLERK TOTRANSMIT A COPY 'r j OF THIS ORDINANCE TO AFFECTED AGENCIES, CONTAINING A REPEALER VISI PROON ANO`SEVER" ABILITY QLAUSE; �ANp. PRgy1DIND AN EFFECTIVE DATE. Said ordinances may be Inspected by the public at the Office of i the City Clerk, 3500 Pen American Drive, Miami, Flgriga, Monday.- j through Friday; excluding holidays, between tha ho4rs} Qt i{ and 5:00 p,m, MATTY HIRAI " CITY CLERK, (8361) MIAMI, FLORIDA 3/20 91.4.032042M '