HomeMy WebLinkAboutO-10862J--91-70
2/05/91
ORDINANCE NO. 10862
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
CORRECT A SCRIVENER'S ERROR BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 2811
SOUTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM PR PARKS
AND RECREATION TO R-1 SINGLE FAMILY
RESIDENTIAL AND SD-18 MINIMUM LOT SIZE
(OVERLAY) DISTRICT; BY MAKING FINDINGS; AND
BY MAKING ALL NECESSARY CHANGES ON PAGE
NUMBER 43 OF SAID ZONING ATLAS; SAID
AMENDMENT BEING REFLECTIVE OF THE CITY
COMMISSION'S INTENT AT THE TIME OF ITS
ADOPTION OF ORDINANCE NO. 11000; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board at its meeting of
January 9, 1991, Item No. 1, following an advertised public
hearing, adopted Resolution No. PAB 4-91, by a 9 to 0 vote,
RECOMMENDING APPROVAL of the request to amend the Zoning Atlas by
correcting the scrivener's error as hereinafter set forth; and
WHEREAS, the subject property had been inadvertently rezoned
from RS-2/2 (one family detached residential) in Zoning Ordinance
No. 9500 to PR (Parks and Recreation) in Zoning Ordinance
No. 11000, and reverting the zoning classification to R-1 Single
Family Residential will correct the scrivener's error; 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 recitals and findings contained in the
Preamble to this Ordinance are hereby adopted thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 11000, the
Zoning Ordinance of the City of Miami, Florida, as amended, is
hereby amended to correct a scrivener's error by changing the
10862
zoning classification from PR Parks and Recreation to R-1 Single
Family Residential and SD-18 Minimum Lot Size (overlay) district,
for property located at approximately 2811 Southwest 22nd Avenue,
Miami, Florida, more particularly described as Lot 7 less the
South 4 feet and West 20 feet, W.H. SNIPES SUBDIVISION, according
to the plat thereof, as recorded in Plat Book 3 at Page 107 of
the Public Records of Dade County, Florida.
Section 3. It is hereby found that the herein action will
accurately reflect the intent of the City Commission at the time
of its adoption of Ordinance No. 11000 and 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. 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; and
h. is based on the use of the property being unfairly
limited under existing zoning.
Section 4. Page No. 43 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.
-2- 10862
++. '31
Section 5. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 6. 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 7. This Ordinance shall become effective thirty
(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.
r
XAVIER L. SUA
ATTE
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
50, �k 1 4,
JOE E. MAXWELL
CH EF ASSISTANT ITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
CITY A
JEM/db/M744
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10862
APPLICANT
PETITION
REQUEST
RECOMMENDATION
PLANNING
BACKGROUND
ANALYSIS
RECOMMENDATION
PLANNING ADVISORY BOARD
PLANNING ADVISORY BOARD
CITY COMMISSION
0
PLANNING FACT SHEET
City of Miami Planning, Building and Zoning
Department: December 18, 1990
1. APPROXIMATELY 2811 SW 22ND AVENUE
Lots 1 less the S 4' and W 20'
W.H. SNIPES SUBDIVISION
Consideration of amending the zoning atlas of
Ordinance No. 11000, as amended, the new Zoning
Ordinance of the City of Miami, by changing the
zoning classification of the subject property
from PR Parks and Recreation to R-1 Single
Family Residential and SD-18 Minimum Lot Size
(overlay) District.
(Note: the action of the PAB approving this
item in December 5, 1990 was inappropriate
because of defective notice).
To correct a scrivener's error by rezoning
private property from PR to R-1.
Approval.
This private property was inadvertently rezoned
from single family residential (RS-2/2 in Zoning
Ordinance 9500) to PR - Parks and Recreation in
Zoning Ordinance 11000. Reverting the zoning
classification to R-1 Single Family Residential
will correct the scri.vener's error.
On December 5, the Planning Advisory Board
approved this item; however, that action was
inappropriate because of defective notice.
At its meeting of January 9, 1991, the Planning
Advisory Board adopted Resolution Number 4-91 by
a 9 to 0 vote, recommending approval.
Two OPPONENTS were present at the meeting.
Eleven replies AGAINST were received by mail.
At its meeting of February 28, 1991, the
City Commission passed the above on First
Reading. 10862
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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 dalh 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 MIArIL
Legal Notice
Re: Ordinance No. 10862
Amending the zoning atlas of
Ordinance No. 11000, etc.
In the ....................X .r .:K ............. Court,
was published In said newspaper In the Issues of
April 23, 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
ppublished In said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office In Miami In said
Dade County, Florida, for a period of one year next preceding
the first ublication of the attached copy of advertisement- and
affian her says that she has neither paid nor promises any
pars , f or corporation any discount, rebate, commission
or r u for the pu ose of securing this advertisement for
pubt on In the as newspaper.
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bacH ad before me this
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* .19, 91
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"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE
MY C011h1. EXP. 7/9/94
(SEE ATTACHED)
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CITY Gilli-"V
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