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Home My WebLink AboutO-10893J-91-384 5/1/91 10893 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 CLASSIFICATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 2001-2193 NORTHWEST 36TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM R-3 MULTI -FAMILY MEDIUM -DENSITY RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL; BY MAKING FINDINGS; BY MAILING ALL NECESSARY CHANGES ON PAGE NO. 19 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 April 17, 1991, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 26-91, by a 8 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 classifications from R-3 Multi -Family Medium -Density Residential and C-1 Restricted Commercial to C-2 Liberal Commercial for the property located at approximately 2001-2193 Northwest 36th Street, Miami, Florida, more particularly described as Unplatted (198 feet x 101.9 feet), Lots 11 and 12, WOLVERINE PARK, according to the plat thereof, as recorded in Plat Book 6 at Page 124 of the Public Records of Dade County, Florida; Lots 7-11, Block 2, BECKER SUB., according to the plat thereof, as recorded in Plat Book 16 at Page 43 of the 10893 Public Records of Dade County, Florida; and Lots 13-18, Block 3, GARD9N CITY, according to the plat thereof, as recorded in Plat Book 5 at Page 73 of the Public Records of Dade County, Florida. 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; 9. 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 the immediate area and furthers the protection of the public welfare; and 0. 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. 19 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 shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 23rd day of May , 1991. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 20th day of June 1. XAVIERt—UAREZ, MAYOR ATTE XATTY—RIRAI, CITY' CLERK PRTARED AND APPROVED W: 13- '11_� .4, JJ4L E. MAXWELY �r C EF ASSIST T CITY ATTORNEY ( APP OVED A OR.M ANP CORRECTNESS: JOR E L. FERJ ANDEZ CI C TTORNE JEM/db/M798 10893 i" PZn2 PLANNING FACT SHEET APPLICANT City of Miami Planning, Building & Zoning Department: March 26, 1991 PETITION 3. APPROXIMATELY 2001-2123 NW 36TH STREET UNPLATTED (198'x101.9') Lot 11 and 12 WOLVERINE PARK (6-124) Lots 7-11 Block 2 BECKER SUB. (16-43) PRDC Lots 13-18 Block 3 GARDEN CITY (5-73) 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 RESIDENTIAL AND C-1 RESTRICTED COMMERCIAL to C-2 LIBERAL COMMERCIAL. REQUEST To rezone the subject property from R-3 and C-1 to C-2. PLANNING RECOMMENDATION Approval. ANALYSIS The Land Use Plan adopted in 1989 inadvertently changed the land use designation of these properties from General Commercial to Multi - Family Medium Density Residential and Restricted Commercial; the zoning classification was changed to R-3 Multi -Family Medium Density Residential and C-1 Restricted Commercial in Zoning Ordinance 11000 adopted in 1990. The Land Use Plan has been changed back to General Commercial in comprehensive changes adopted on January 24, 1991. Reverting the zoning classification to C-2 Liberal Commercial' will correct this scrivener's error. RECOMMENDATION PLANNING ADVISORY BOARD At its nesting of April 17, 1991 the Planning Advisory Board adopted Resolution Number PAB 26-91 by a 8 to 0 vote recommending approval of the above. Two replies AGAINST and four in FAVOR were received by mail. CITY COMMISSION At its muting of May 23, 1991, the City Commission passed the above on First Reading. 1.' UJ Q OARC IN ORD33UNCE 11000 9 Approa: 2001-2193 M.ii 35th St. From: R-3 Medium Den- sity Resideutia A and C-1 Rest. C 1 To: C-2 General Car mercial PAB 4117/91 10893 2 ORDINANCE 11000 APPros: 2001-2193 N.W. 36th St. From: R-3 Medium Den- sity Residential and C-1 Rest, Con i}l+�+•-�# -ice ,qt+ tr -- 3� ,.w -, .. ,r To: C-2 General Com- mercial PAR 4/17/91 ANALYSIS YA. N2 WA g 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. ries are inlrelationstolexisting ct aconditions onillogically 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 uhas in the adjacentsimilar asimpact on property vales existing classification. The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations.. 10893 Y-OA H2 WA - 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.