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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 I i fl PZW1 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' r--- ------- 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. 1 w 10915 .3 1 ' ! I II• I � I � N.W. 2 TRR. l I� i3� I I ll t I \ IS. N.W. 2 ST. I \ nr \ \ �C0ON, dOo r\ 11 I 1 IN. No lop dOoo 1 1 I -\ 139, W FLAG LER_ ST. , s o w PINK rm •A' f L AGAMI • OAROLNS !V N'! 2 • _� _• 2• 0 12 17 M � If 11 1• 7 =_ �) !0 1• Ile .17 lie 17 14 1 s wFLAGLER C40 1 i i I I I I I I I 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 4- , I zl li JL i N.W._ — 2 TERR. i \ ; ;I , RECREATION ryx 2 S T _ SINGLE ♦ \ \ \ \ 00, � � � ,FAMILY •�. • _ RESTRICTED ---...--- ' COMMERCIAL. FtAGLER sT. goo L . o. > P�Pt� SINGLE i -.GENERAL �4— �NIILY � ( RESIDENTIAL . _ f � COMMERCIAL Tolloo, .�` RECREATION &W I 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 N t t 3i ti 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 (0 4th !4 R 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