HomeMy WebLinkAboutO-10915A
J-91-472
7/8/91 10 915
ORDINANCE NO.
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
PROPERTY LOCATED AT APPROXIMATELY 31 TAMIAMI
CANAL ROAD, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM R-1 SINGLE FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL; BY
MAKING FINDINGS; BY MAKING ALL NECESSARY
CHANGES ON PAGE NO. 29 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 June 5, 1991, Item No. 2, following an advertised public
hearing, adopted Resolution No. PAB 37-91, by a 6 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-1
Single Family Residential to C-1 Restricted Commercial for the
property located at approximately 31 Tamiami Canal Road, Miami,
Florida, more particularly described as all of Lot 28 and the
East 3 feet of Block 1, FLAGAMI 1ST ADDENDUM, according to the
plat thereof, as recorded in Plat Book 17 at Page 66 of the
Public Records of Dade County, Florida.
Section 2. It is hereby found that this zoning
classification change:
10915
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. 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;
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 No. 29 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.
110915
M
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 25th day of
July , 1991.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 26th day of September
19 9in.
ATTE :
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
LINDA KELLY KE 0
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J GE L. FERNANDEZ
CITY AT RNEY
LKK/db/M817
10915
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PLANNING FACT SHEET
APPLICANT
City of Miami Planning, Building and Zoning
Department: May 15, 1991
PETITION
2. APPROXIMATELY 31 TAM!ANY CANAL anon
All of lot 28 and the E.3' of lot 29
Block 1
FLAGAMI 1ST ADD. (17-66) 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-1 SINGLE FAMILY RESIDENTIAL
to C-1
RESTRICTED COMMERCIAL.
REQUEST
To approve a change of zoning classification
from R-1 Single Family
Residential to C-1
Restricted Commercial.
PLANNING
RECOMMENDATION
Approval.
BACKGROUND
Lot 28 has been designated as Restricted
Commercial
on the Miami Comprehensive
Neighborhood' Plan (MCNP) 1989-2000 on January
28, 1991; all other properties within this block
to the west and south are designated Single
Family Residential within the MCNP 1989-2000.
ANALYSIS
The proposed change is in harmony with the
adopted MCNP
1989-2000 and does not require a
plan amendment. The property fronts West
Flagler Street which is a busy major street;
within the adjacent
area to the east and west,
property fronting Flagler Street is zoned C-1.
This change would have the same impact on
traffic, public facilities and utilities and
does not affect public safety.
RECOMMENDATION
PLANNING ADVISORY BOARD
At its meeting of June 5, 1991 the Planning
Advisory Board adopted Resolution Number PAD 37-91 by
a 6 to 0
vote, recommending approval, of the above.
s
■
Five replies AGAINST were received by mail.
CITY COMMISSION
At its meeting of July 25, 1991, the City
Commission passed the above on First
Reading.
a
ANALYSIS
H2
x The proposed change is in harmony with
adopted Miami Comprehensive the
Plan 1989-2000 -Neighborhood
amendment. and does not require a plan
x
The proposed change is in harmony with the
established land use pattern.
x
The Proposed change in related to adjacent and
nearby districts.
x
The change suggested is within scale with the
x needs Of the neighborhood or the City.
The proposed change maintains the same or simadar il
Population density pattern and thereby the loo
Public facilities such as schools, utilitiesn,
streets, Otc, is the same.
x
Existing district boundaries are illoicay drawn
in relation
to existing conditions ongthe llpro
Proposed for change. party
x
There are changes Or changing conditions that
make the passage of
necessary. the Proposed change
x
The proposed change Positively inf.
conditions i luences living
n the neighborhood.
x
The Proposed change has the game or Simi,
impact On traffic and does not affect ar
x Public safety an the existing classification.
The Proposed change has the same or similar.
impact On drainage as
classification. the existing
x
The Proposed change has the Same im
impact on light and air to adjacenOr tsareasilar 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.
The Proposed change will contribute improvement or develoto the
pment of adjacent property in
accord with existing regulations.
10915'
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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.
X There are substantial reasons why the use of the
property is unfairly limited under existing
zoning.
X It is difficult to find other adequate sites in
the surrounding area for the proposed use in
districts already permitting such use.
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10915
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ORD=MCI 11000
Approz: 31 Tamiami
t Canal Road
From: R--1 Single
Family Res.
To: C-1 Restricted C
M
h PM 6/5/91
10915
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P�Pt� SINGLE i -.GENERAL
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RESIDENTIAL . _ f � COMMERCIAL
Tolloo,
.�` RECREATION
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3 ST,
MEDIUM
DENSITY
S.W. 4 MULTI oummCE 11000
J_ I FAMILY ApProz: 31 Taaimi
9111! Canal Road
PITJ
FrOft: R-1 Single
F=IIY Res.
To: C-1 Restricted
9. 1.5
PAB 6/5/91
A
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6.7
ORDINMCE 11000
Approx: 31 Tamiami
Canal Road
From: R-1 Single
Family Res.
To: C-1 Restricted Ca
PAB 6/5/91
10915
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4th
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OCT p,�
CITY
MIAMI RV��E�r'+�, RA
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 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
RE: ORDINANCE NO. 10916
In the.X X X
.,,,,
............................... Court,
was published In sold newspaper In the Issues of
October 4, 1991
Afflanl further says that the said Miami Review Is a
spaper published at Miami In said Dade County, Florida,
thhat the said newspaper has heretofore been continuously
Ished In said De County, Florida each day (except
rday, Sunday and Legal Holidays) and has been entered as
,nd of mail matter at the post office In Miami in said
iC Florida, for a period of one year next preceding
pub atlon of the attached copy of advertisement; and
furth says that she has neither paid nor promised any
n, fl or corporation any discount, rebate, commission
ifund or the urpose of securing this advertisement for
Icat In the aid newsp/appeer.
Sworn to and subscribed before me this
... day of . OCtO + U474 ... A.D. te.......
91
..............
(SEAL)
"OFFICIAL NOTARY SEAL"
CRISTINA INGELMO
MY COMM. EXP. 4/5/95