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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 U 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. GEO/vh vh/91:130 1Ussiya, INS 1%'%w d ►J W&-qq%h.- 4 •3 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 9I =III ���IIII � � IIIIIII III IIIII=�IIII 1111111 MEDIUM DENSITY MULTI 1 FAMILY 14DUSTRIAL ; III I 1 1 i 3t RESTRICTED COMMERCIAL ■ N.W. MEDIUM DENSITY MULTI FAMILY RESTRICTED COMMERCIAL oil � I i 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 3 NMI VKL T 4 111:1,1c; IIIIIII I Ci NMI Al aNlm MON. t�n 7_4 71715 N A I Z, MKI, - ml SAP IP f jk5 tt 1v A, Ar 4 Jbc Ab 14 bon A" W Il .l i Yu B2 UA X X X X X 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 0.1f r'ii� r i I !"Ilti�yi C3aT ( OF k?IA111, FI-N. Page 1 of 2 A APR 25 05 CITY CLt-,Hl, I ? Page 2 of 2