HomeMy WebLinkAboutO-10859J-90-874
10/18/90
ORDINANCE N0. 10859
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE SD-20 EDGEWATER OVERLAY DISTRICT
TO THE AREA GENERALLY BOUNDED BY NORTHEAST
2ND AVENUE AND BISCAYNE BAY, FROM NORTHEAST
36 STREET TO I-195 (AIRPORT EXPRESSWAY),
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); BY MAKING FINDINGS; AND BY MAKING
ALL NECESSARY CHANGES ON PAGE 15 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
October 17, 1990, Item No. 11 following an advertised public
hearing, adopted Resolution No. PAB 71-90, by a 7 to 0 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:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida, is
hereby amended by applying the SD-20 Edgewater Overlay District
to the area generally bounded by Northeast 2nd Avenue and
Biscayne Bay, from Northeast 36th Street to I-195 (Airport
Expressway) Miami, Florida, more particularly described as Blocks
1, 2, and 3, WEST POINT, according to the plat thereof, as
recorded in Plat Book 18 at Page 73 of the Public Records of Dade
County, Florida; Tract A, DENNY'S RESTAURANT, according to the
plat thereof, as recorded in Plat Book 86 at Page 42 of the
Public Records of Dade County, Florida; Tract A, SLK PROPERTIES,
10859
according to the plat thereof, as recorded in Plat Book 122 at
Page 95 of the Public Records of Dade County, Florida; UNPLATTED
property extending 480 feet Easterly of Biscayne Boulevard;
Woodson Park a.k.a. Buena Vista Park UNPLATTED; Lots 1-4, Block
4, WEST POINT, according to the plat thereof, as recorded in Plat
Book 18 at Page 73 of the Public Records of Dade County, Florida
(complete legal descriptions on file with the Hearing Board's
Office, City of Miami Planning, Building and Zoning Department).
Section 2. It is hereby found that this zoning
classification change:
a. is in conformity with the adopted Miami
Comprehensive Neighborhood Plan and does not
require a plan amendment;
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. is necessary due to changed or changing
conditions;
g. positively influences living conditions in the
neighborhood;
h. has the same or similar impact on traffic and does
not affect public safety to a greater extent than
the existing classification;
i. has the same or similar impact on drainage as the
existing classification;
j. has the same or similar impact on light and air to
adjacent areas as the existing classification;
k. has the same or similar impact on property values
in the adjacent areas as the existing
classification;
-2- 10859
1. will Contribute to the improvement or development
of adjacent property in accord with existing
regulations; and
M. 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 15 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.
s
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 this 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 6th day of
December , 1990.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of March , 19
XAVIER L. 2A�R E Z , OR
A E
MA HIRAI,I IT ERK
PREPARED AND APPROVED BY:
4L E. MAXWE
C EF ASSIST T CITY ATTORNEY
APPROVED AS TO FORM AND
-3- 10859
APPLICANT
PETITION
1.
PLANNING FACT SHEET
City of Miami Planning, Building and Zoning
Department: September 26, 1990
Blocks 1, 2 and 3
WEST POINT (18-73) P.R.D..C.
Tract A
DENNY'S RESTAURANT (86-42) P.R.D.C.
Tract A
SLK PROPERTIES (122-95) P.R.D.C.
UNPLATTED property
Extending 480' Easterly
of Biscayne Boulevard
Woodson Park a.k.a. Buena Vista Park
UNPLATTED
Lots 1-4
Block 4
WEST POINT (18-73)
Consideration of amending the Official Zoning
Atlas of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, by changing the
zoning classification of the subject property by
applying the proposed SD-20 Overlay District and
retaining the underlying zoning district
classifications.
REQUEST To apply the proposed SD-20 Edgewater Overlay
District to the area from 'N.E. 2nd Avenue to
Biscayne Bay from N.E. 36 Street to I-195
(Airport Expressway).
RECOMMENDATION
PLANNING DEPARTMENT Approval.
BACKGROUND On March 8, 1990, during discussion of adoption
of new Zoning Ordinance 11000, citizens from
Edgewater requested consideration of an increase
in Floor Area Ratio (FAR) for commercial
properties.
10859
On July 18, 1990, the Department presented and
the Planning Advisory Board recommended approval
of the application of the SD-9 Designated FAR
Overlay District, with a designated FAR of 2.0
and retaining the underlying commercial zoning,
for the area from N.E. 17th Terrace to N.E. 36th
Street, between N.E. 2nd Avenue and the fronting
properties on the east side of Biscayne
Boulevard (except south of N.E. 20th Street
where the boundary is Biscayne Boulevard).
At the City Commission hearing of July 26, 1990,
on first reading, citizens from
Wynwood/Edgewater objected that the ordinance
was insufficiently broad. The Commission
instructed staff to meet with the neighbors and
to bring legislation, as amended, back.
The Planning, Building and Zoning Department
has:
a) Withdrawn the application of SD-19 to the
area;
b) Authored ordinance SD-20; and for the area
from N.E. 17th Terrace to N.E. 36th Street,
between N.E. 2nd Avenue and the fronting
properties on the east side of Biscayne
Boulevard (except south of N.E. 20th Street
where the boundary is Biscayne Boulevard).
c) Recommended its application to the area from
NE 2nd Avenue to Biscayne Bay, from NE 36th
Street to I-195.
ANALYSIS This adjustment is being sought to bring the
zoning district to more logical boundaries, as
requested by Motion PAB 63-90, September 12,
1990, a request to the Planning, Building and
Zoning Department to study the area south of I-
95 between N.E. 36th Street, I-95, N.E. 2nd
Avenue and Biscayne Bay, for inclusion in the
SD-20 district.
This SD-20 overlay district has the following
features:
I. Floor Area- Ratios remain at 1.72 for
residential but increase to 2.0 for
commercial for the underlying zoned
Properties.
1085,E
of
2. Lot Cove_ rare is a maximum of 60% of gross
lot area.
3. Setbacks Residential Commercial
Front: 20' 10'
Rear: 10' 5'
Sides: 5' 0'
4. Parking Ratios are reduced to:
One space each for efficiencies, 1 bedroom
and 2 bedroom residential units.
Two spaces each for 3 and 4 bedroom
residential units.
One space for each 550 square feet of
commercial use.
5. Height Limit is removed for commercial and
retained for residential uses
RECOMr9ENDATION
PLANNING ADVISORY BOARD At its meeting October 17, 1990, the Planning
Advisory Board adopted Resolution Number PAB 71-90
by a 7 to 0 vote, recommending approval of the above.
CITY COMMISSION At its meeting of December 6, 1990, the
City Commission passed the above on First
Reading.
10859 3
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met
» u u t 1f Is It 1 TRACT -A- Ordinance 11000
Zoning Atlas ,
N.34
'• r a 1 G N Approx: N.E. 2nd Ave
1• j1 t1 to 1f IN w u ii 1 f. T • + • :
BAY FONT and Biscayne
I Bay from N.E.
u t• u is tl N If I• t �( w I w I f • 1 • + • + PAD TRACI 36th St to I-
» 195 (Airport
' &gyro# Expressway:
•. .. + lob + 41 it
W uu i • n I+ N 'O + f T• • �
o I 2 ' • + To apply the proposed
pp-11 SD-20 Edgewater Overlay
. 1 • q) * 4:9 T1"s. �y District to the area
I00 M IT • A•
•; from N.E. 2nd Ave to
N.Et VIA33 ST.,e A t
Biscayne Bay from N.E.
._N N N•+wl t QTn.• o FI K ®N36 Street to I-195
(Airport Expressway:
f 'A At 1 . ..' wI.11h ir. 'J 41I.-I.. /_'\ .. L.
10859
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Ordinance 11000
I Zoning Atlas
i
11 Approx: N.E. 2nd Ave
i and Biscayne
Bay from N.E.
' 36th St to I-
j 195 (Airport
f0 8 5 9 Expressway:
1
j To apply the proposed
SD-20 Edgewater Overlay
District to the area
from N.E. 2nd Ave to
Biscayne Bay from N.E.
j/ 36 Street to I-195
(airport Expressway .5
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25 All 11: 04
MIAMI REVIEW C! i Y' Cl.E"
!�iTt' CIF IIHiii, FLU?.
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned allthorlty personally appeared
Sookle Williams, who on lath says the 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 MWa
Legal Notice
Re: Ordinance No. 10859
Amending the zoning atlas of (SEE ATTACHED)
Ordinance No. 11000, etc.
In the ....................X X. X
Court,
was Published In said newspaper In the Issues of "
April 23, 1991
rtblistiaIneodlReview
yeFis anew%apepuhedaMiami sold County tat 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 clans mall matter et the post olPice In Miami in said
Dade County, Florida, for a period of one year next preceding
the first Ilcatlon of the attached copy of advertisement; and
affianl urt r says that she has neither paid nor promised any
perso fi or corporation any discount, rebate, commission
or ref nd or the pu se of securing this advertisement for
public n in the s newspaper.
001,
' SIWOPM a boor ad before me this
2 d �'1
D.1/9911i
(SEAL)
OF f��`
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE
MY COMM. EXP. 7/9/94
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