HomeMy WebLinkAboutO-10861J-91-133
2/15/91
ORDINANCE NO. 10861
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
BLOCK BOUNDED BY NORTHWEST LOTH AND 11TH
STREETS BETWEEN NORTHWEST 4TH COURT AND 5TH
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM R-3 MEDIUM DENSITY
MULTI FAMILY RESIDENTIAL TO G/I GOVERNMENT
AND INSTUTITIONAL; BY MAKING FINDINGS; AND BY
MAKING ALL NECESSARY CHANGES ON PAGE NO. 23
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
February 6, 1991, Item No. 3, following an advertised public
hearing, adopted Resolution No. PAB 6-91, by a 9 to 0 vote,
RECOMMENDING APPROVAL of a change of zoning classification, 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, the
Zoning Ordinance of the City of Miami, Florida, as amended, is
hereby amended by changing the zoning classification from R-3
Medium Density Multi Family Residential to G/I Government and
Institutional, for the block bounded by Northwest loth and filth
Streets between Northwest 4th Court and 5th Avenue, Miami,
Florida, more particularly described as Lots 13-36, A.T. CARTER
RE -SUB, according to the plat thereof, as recorded in Plat Book B
at Page 167 of the Public Records of Dade County, Florida.
10861
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. will change existing district boundaries which 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;
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;
n. conveys the same treatment to the individual owner
as to owners within the same classification and
-2-10861
the immediate area and furthers the protection of
the public welfare;
o. is based on the use of the property being unfairly
limited under existing zoning; and
p. is difficult to find other adequate sites in the
surrounding area for the proposed use in districts
already permitting such use.
Section 3. Page No. 23 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 harts of ordinnnr=Q incnfar nm
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 E+f fart i vA t-h i ,-+--t.
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
February , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of March , 1991.
ATT
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
U
-MAXWEL
HI ASSISTAN CITY ATTORNEY
i APPROVED AS TO FORM AND
CORRECTNESS:
C. .T4•
JO E L. F ANDEZ
CI ATTORNFA
JEM/db/M764
�C..,
XAVIER L. S AREZ, MAYOR
-3- 10861
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i
PLANNING FACT SHEET
APPLICANT
City of Miami Planning, Building and Zoning
Department: January 16, 1991
PETITION
3. BLOCK BOUND D BY NW LOTH AND 11TH STREETS
4TH COURT AND STH AVENUE
Lots 13-36
A.T. CARTER RE -SUB (6-167) PRDC
Consideration of amending the zoning atlas of
Ordinance 11000,
as amended, the Zoning
Ordinance of the City of Miami, by changing the
zoning classification of the subject property
from R-3 MEDIUM DENSITY MULTI FAMILY RESIDENTIAL
to G/I GOVERNMENT AND INSTITUTIONAL.
REQUEST
To rezone City property to G/I Government and
Institutional.
PLANNING RECOMMENDATION
Approval.
BACKGROUND
The plan designation of this particular property
was part of a series of Comprehensive Plan
amendment adopted on 2nd reading, January 24,.
1991.
This is .a_ Planning, Building and Zoning
Department proposed to designate major public
facilities as "Major Public Facilities,
Transportation and Utilities in the
- Miami
Comprehensive.Neighborhood Plan 1989-2000 and to
change this zoning classification to "G/I
Government and Institutional".
ANALYSIS
The 1990 Florida Legislature awarded $1.5
million for the
purpose of constructing health
clinics in certain target areas in the City:
Overtown, Pequena Havana and Liberty City. The
construction of the clinics will be sponsored by
the Metro Dade County Department
of Human
Resources, Office of Health Services and
operated by the same conformity.
The existing building facing NW llth Street will
continue to be used by the YWCA as a day care
center, under a lease, and up to a 10,000 sq.
ft. clinic will be constructed on the remainder
of the block. Parking will either be on site
or
in the triangular block to the east, which is
particularly leased to the Florida Department of
Transportation.
PLANNING ADVISORY BOARD
At its meeting of February 6, 1991, the Planning
Advisory Board
adopted Resolution PAB 9-91, by a
9-0 vote, approving the above.
CITY COMMISSION
At its meeting of February 28, 1991, the City
Cosmission
passed the above on First Reading.
10861
9
TO
Gui 1 ermoi-e -+3*eA l l o f
FROMDep y Di rector
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : March 19, 1991 FILE
su6JECT : Workshop: March 13, 1991,
Rezoning: block bounded by
NW 10th and lath Streets;
REFERENCES : NW 4th Court and 5th Avenue
Pla ning, Building and Zoning Dept. Agenda Item PZ-12,
ENCLosuaes City Commission Agenda,
Fobrnarr-y—a6,-1991 _
A workshop sponsored by the Planning, Building and Zoning Department was held
at 6:30 p.m. Wednesday, March. 13,. 1991, in City Commission Chambers, City
Hall.
Approximately 12 persons attended, who had either attended the
above -referenced City Commission meeting, or who had been individually
notified by the Hearing Boards Office.
Representing the Planning, Building and Zoning Department were Margarita
Genova-Cordovi and Gregory Gay, planners with the Department, and the writer.
The proposed change of zoning at the above address was explained in
conjunction with the day care center lease and the construction of a health
clinic on the City property.
Those in attendance seemed satisfied with the explanation.
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tOBING ORDIMCE 11000
Approx: N.W. loth and
11th streets
between N.W.
bath Court and
5th Avenue
From: E-3 Medium Den—
sity Multi Fam-
ily Residential
To: G/I Government
and Institutional
PAB 2/6/91
10861
MAJOR
PUBLIC
FACILITY
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MEDIUM
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COMMERCIAL
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zoMIeG ORMUNCE 110(
Approz: N.W. loth a
11th Street
between N.&
4th Court a
5th Avenue
From: R-3 Medium Den
city Multi Fan
ily Residentia
To: G/I Goverment
and Institution
PAB 2/6/91
10861
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ANALYSIS
The proposed change is in harmony with the adopted
Miami Comprehensive Neighborhood Plan 1989-2000, and
does not require a plan amendment.
The proposed change is in harmony with the established
land use pattern.
The proposed change is related to adjacent and nearby
districts.
The change suggested is within scale with the needs of
the neighborhood or the City.
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.
Existing district boundaries are illogically drawn in
relation to existing conditions on the property
proposed for change.
There are changes or changing conditions that make the
passage of the proposed change necessary.
The proposed change positively influences living
conditions in the neighborhood.
The proposed change has the same or similar impact on
traffic and does not affect public safety as the
existing classification.
The proposed change has the same or similar impact on
drainage as the existing classification.
The proposed change has the same or similar impact on
light and air to adjacent areas as the existing
classification.
The proposed change has the same or similar impact on
property values in the adjacent areas as the existing
classification.
The proposed change will contribute to the improvement
or development of adjacent property in accord with
existing regulations.
10861 '5
�4
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 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 permitting such use.
10861
6
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
Legal Notice
Re: Ordinance No. 10861
Amending the zoning atlas of
Ordinance No. 11000, etc.
In the .................... X X X Court,
was published In said newspaper In the Issues of
April 23, 1991
Afflant further says that the said Miami Review is a
(paper published at Miami In said Dade County, Florida,
thhat the said newspaper has heretofore been continuously
Ished In said Dade Count FI Id
6
(SEAL)
unday and Legal Holidays) end has been ent(except
red as
is mall matter at the poet office In Miami in said
Floridfore period of one year next preceding
�catlon of the attached copy ore, end
r says that she has neither paid nor promises any
l0,
or corporation any discount, rebate, commission
)r the p rpose of securing this advertisement for
In the d newspaper.
• 1 ...G�It.+eGr� '
Sworn to s sort d before me this
D. 18. 91 d�
•
s
"OFFICIAL NOTARY SEAL"
OCTELMA Y. FERBEYRE
MY COMM. EXP. 7/9/94
(SEE ATTACHED)
[RECEIVED
I"91 PiR 25 AIN II. 05
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