HomeMy WebLinkAboutO-10873J-91-132
2/25/91
ORDINANCE NO. 10873
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
APPROXIMATELY 245-299 NORTHWEST 55TH COURT,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), FROM R-2 TWO FAMILY RESIDENTIAL TO
G/I GOVERNMENT AND INSTITUTIONAL; BY MAKING
FINDINGS; AND BY MAKING ALL NECESSARY CHANGES
ON PAGE NUMBER 31 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 20, 1991, Item No. 2, following an advertised public
hearing, adopted Resolution No. PAB 12-91, by a 6 to 2 vote,
RECOMMENDING DENIAL of a change of zoning classification, as
hereinafter set forth; and
WHEREAS, notwithstanding the recommendation of the Planning
Advisory Board, 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
grant this change of zoning classification 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-2 Two
Family Residential to G/I Government and Institutional of
property located at approximately 245-299 Northwest 55th Court,
Miami, Florida, more particularly described as Lots 1-5, Block 2,
FLAGLER MANOR, according to the plat thereof, as recorded in Plat
Book 12 at Page 28 of the Public Records of Dade County, Florida.
10873
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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. 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;
1. will contribute to the improvement or development
of adjacent property in accord with existing
regulations;
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;
n. is based on the use of the property being unfairly
limited under existing zoning; and
o. is warranted due to the difficulty in finding
other adequate sites in the surrounding area for
the proposed use in districts already permitting
such use.
Section-3. Page No. 31 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 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 RhAi i hcnnmc o4:mF--4-41.... - I- -- ..L__
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
March , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th _ day of April , 1991.
XAVIER L. UA Z, MAX
ATTE
.A
7AMATT HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
eIEFMAXWE CSIST T CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A ^ n
J G L. RNANDEZ
CITY ATTOR EY
JEM/db 3 10873
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RECEIVED
1991 MAY 10 AN 9:31
t� :Ai T Ti� i idi;al
MIAMI REVIEW t,ITY CLEF;,t
Published Daily except Saturday, Sunday and FLA.
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle VAIllams, who on oath 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 (SEE ATTACHED)
Re:' Ordinahce No. '310873
In the ..................... X- X. X. ............ Court,
was published In said newspaper in the Issues of
May 6, 1991
Affiant 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
published In sold Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays)
second s mail matter at the post otliceein MiamitIn said
Dade oun , Florida, for a period of one year next preceding
the rep Ilcatlon of the attached copy of advertisement- and
affl nt lu or says that she has neither paid nor promiee� any
f d forotheo�orrpaotlsoenofnsecurinp tFilrebels,
be ertcommission
em i sfor
pub tIon In th aid newspaper.
a Sworn aM subscribed before me this
•6th • day ox . Mf,
• `' .. , A.D. 19... 9�..
. ........ .
(SEAL)
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
my COMM. EXP. 4/12/92
Page 1 of 2
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PLANNING FACT SHEET
APPLICANT
City of Miami Planning, Building and Zoning
Department: January 16, 1991
PETITION
2. APPROXIMATELY 245-290 NW 55TH COURT
Lots 1-5
Block 2
FLAGLER MANOR (12-28) PRDC
Consideration of amending the zoning atlas of
Ordinance 11000 the Zoning Ordinance of the City
of Miami by changing the zoning classification
of .the subject property from R-2 TWO FAMILY
RESIDENTIAL to G/I GOVERNMENT AND INSTITUTIONAL.
(Note: This item was deferred from the PAB
meeting of February 6, 1991)
REQUEST
To rezone a part of Flagler Memorial Park
Cemetary G/I Government and Institutional.
PLANNING RECOMMENDATION
Approval.
BACKGROUND
This is a Department of Planning, Building and
Zoning proposal to designate Cemetaries as
"Major Public Facilities, Transportation and
Utilities" on the Miami Comprehensive
Neighborhood Plan 1989-2000 and changing the
zoning classification to "G/I Government and
Institutional".
ANALYSIS
This property is currently occupied by a large
house and related maintenance facilities for the
cemetary.
PLANNING ADVISORY BOARD
At its meeting of February 20, 1991, the Planning
Advisory Board adopted Resolution PAD 12-91, by a
6-2 vote, danying.the_above.
Fourteen OPPONENTS were present at the meeting.
One,PROPONENT was present at the meeting.
Ten replies AGAINST and six in FAVOR were received
by sail.
"CITY COMMISSION At its meeting of February 28, 1991, the
City Commission continued the above.
10873
At its meeting of March 28, 1991, the City
Commission passed the above on First
Reading.
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Files
DATE : March 19, 1991 FILE
SUBJECT Workshop: March 13, 1991,
Rezoning 245-299 NW 55th Court
FROM Guill rmo E. 01m dillo Agenda Item PZ-13
Depu Di rector REFERENCES
Planning, Building and Zoning Dept. City Commission Agenda
ENCLOSURES; February 28, 1991
A workshop sponsored by the Planning, Building and Zoning Department was held
at 7:00 p.m. Wednesday, March 13, 1991, in the City Commission Chambers City
y
Approximately 13 persons attended, who had either attended the above -
referenced City Commission meeting, or who had been individually notified b
the Hearing Boards Office. y
Representing the Planning, Building and Zoning Department were Margarita
Genova-Cordovi and Gregory Gay, planners with the Department, and the writer.
a
The proposed change of zoning at the above address was explained conjunction with comments for Flagler Memorial Cemetery representativesin
. A
covenant restricting future use of the property was discussed by Flagler
Memorial Cemetery representatives.
I Those in attendance took this information under consideration and will meet
with Flagler Memorial Cemetery representatives and/or will appear at
continued first reading of this item on March 28, 1991. p the
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Is . GARDEN OF THE LIT' Approz: 245-299 N.W.
WEST 55th court
bill. )II
W from: R-2 Two Favd13
t > RmixidentW
114 3 34 3738 ;,11>j to a tl== A •is To: G/1 Gover: nit j
Institutional. . .......... . . I LT Tm
I PAB 2/20/91
10873
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GENERAL
COMMERCIAL
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DENSITY
MULTI
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RESIDENTIAL
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MULTI
FAMILY
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MAJOR
PUBLIC
FACILITY
DENSITY
MULTI
FAMILY
RESIDENTIAL
MAJOR
PUBLIC
FACILITY
MULTI
FAMILY
DUPLEX
RESIDENTIAL
ORDMUCE 11000
Approa: 245-299 li.H.
55th Court
From: R-2 Two Family
Residential
To: G/I Government a
Institutional
10873
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ANALYSIS
XU
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 influences 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.
10873
CT
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.
10873
r
NO
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
PETITION 1. Consideration of recommendations concerning an
amendment to Ordinance 11000, as amended, the
new Zoning Ordinance of the City of Miami,
Florida, effective September 4, 1990, by
deleting Article 7. HC Heritage Conservation
Overlay Districts and substituting in lieu
thereof a new Article 7. HP Historic
Preservation Overlay Districts; providing for:
Intent, Application of District, Effect of
District, Preservation Board, Preservation
Officer, and Conditional Uses and Deviations.
(This is a co"anion it= to items 2 and 3.)
REQUEST To . simplify the designation of historic
Properties by removing the process from the
Zoning Ordinance, yet retaining an overlay
district for designated properties which may
require a conditional use to assure their
preservation.
RECOMMENDATION
PLANNING DEPARTMENT Approval.
HERITAGE CONSERVATION
BOARD
BACKGROUND Per Motion 90-237, dated March 27, 1990, the
City Commission directed the administration to
initiate legislation transferring responsibility
for future designation of historic propo-ties
from the Zoning Ordinance to the City Code,
thereby giving the Heritage Conservation Board
the authority to designate historic properties,
with appeal to the City Commission.
ANALYSIS The proposed amendment would remove Article 1
from the Zoning Ordinance and substitute a new
Article 1 entitled "HP Historic Preservation
Over iay Districts.- In the new article, the
term '°heritage conservation" would be
eliminated, and the more commonly used term
"historic preservation" would be substituted.
An overlay district for historic properties
would be retained in the Zoning Ordinance for
those designated historic sites and historic
districts which may require a conditional use to
E
HERITAGE CONSERVATION HD
PLANNING ADVISORY BOARD
CITY COMKISSION
encourage or assure their preservation. The
provisions for conditional uses and deviations
are 4dentical to those presently found in
Ordinance 11000.
If an overlay district permitting conditional
uses is not retained. the six existing MC-2
overlay districts would be non -conforming, and
it is .possible that at least one of the
properties currently undergoing rehabilitation
could not be completed as originally approved.
The proposed district is the only, incentive we
can offer to Beet the City Coomission's
directive to offer incentives. HP overlay
districts, could QgjY be applied by the City
Commission to properties that have been
designated by the Preservation Board And that
rmMj,zg a conditional use or deviation to &sure
their preservation.
At its meeting of June 19, 1990, the
Heritage Conservation Board adopted
Resolution HCB 90-189 by a 7-0 vats,
recommending approval of the above with
the recommendation that the name of the
Board be changed from Preservation Board
to Historic and Environmental Preservation,
Board.
At its meeting of June 209 19909 the
Planning Advisory Board adopted Resolution
PAB 46-90, by a 5-0 vote, recommending
approval of the above, including the
recommendation of the Heritage
Conservation Board.
At its meeting of July 26, 1990, the City
Commission continued the above.
At its meeting of September 27, 1990,
the City Commission continued the above.
At its meeting of October 259 19009 the City
Cosission passed the above on First Reading.
Xt its meeting Of November 8, 1990, the
City Commission continued the above.
At its meeting of December 6, 1990, the
City Commission continued the above.
At its meeting of January 24, 1991; the
City Commission continued the above.
.At its meeting of February 28, 1991, the
City Commission continued the above.
At its meeting of March 28, 1991, the City
Commission deferred the above.
10874