HomeMy WebLinkAboutO-10550J-88-1107
2/23/89
ORDINANCE NO. 1055c
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
N THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FOR PROPERTY LOCATED AT
APPROXIMATELY 2822-2838 NORTHWEST 22ND
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM RG-2/4 GENERAL
RESIDENTIAL TO CR-1/7 COMMERCIAL RESIDENTIAL
(NEIGHBORHOOD); MAKING FINDINGS; BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 21 OF
SAID ZONING ATLAS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on July 21, 1988, the City Commission passed Motion
No. 88-730 instructing the Planning Department to do a Land Use
Designation Study for 2838 Northwest 22nd Avenue; and directed
the Administration to come back to the City Commission with its
recommendation; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 2, 1988, Item No. 1, following an advertised hearing,
adopted Resolution No. PAB 84-88, by a 7 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
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. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
by changing the zoning classification of real property located at
approximately 2822-2838 Northwest 22nd Avenue, Miami, Florida,
more particularly described as Lots 19, 20, 21, 22 and 23 of
Block 3, GLEN HAVEN, as recorded in Plat Book 6 at Page 28 of the
10550
Public Records of Dade County, Florida, from RG-2/4 General
Residential to CR-1/7 Commercial Residential (Neighborhood).
Section 2. It is hereby found that this zoning
classification change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) Is not contrary to the established land use pattern;
(o) Will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) Will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Is necessary due to changed or changing conditions;
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) Will not create a drainage problem;
(j) Will not seriously reduce light and air to adjacent
area;
W Will not adversely affect property values in the
adjacent area;
(1) Will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 3. Page No. 21 of the Zoning Atlas, made a part of
Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
-2-
10S5 0
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 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 on
March 27, 1989.
PASSED ON FIRST READING BY TITLE ONLY this 26th day
of January , 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this-,2,3rd day of February 1989.
XAVIER SUAREZ
MAYOR
ATT T•
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
J'j (�' '/�' al—
,,4b$L E. MAXWEL
UA IISTANT CITY'ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
To 4AEY�
ANDEZ
CT Y
ITEM/db/M418
-3-
10550
PZW1
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
September 30, 1988
PETITION 1. APPROXIMATELY 2822-2838 NW 22 AVENUE
Lots 19, 20, 21, 22 and 23
Block 3
GLEN HAVEN (6-28) P.R.D.C.
Consideration of amending the Zoning Atlas of
Ordinance 9500, as amended, the Zoning Ordinance
of the City of Miami, by changing the zoning
classification of the subject property from RG-
2/4 GENERAL RESIDENTIAL to CR-1/7 COMMERCIAL
RESIDENTIAL (NEIGHBORHOOD)
BACKGROUND In 1978, Mr. Byrne, owner of lots 21, 22 and 23,
together with the owner of lots 19 and 20
presented an application to the Zoning Board for
a zoning change. Later, the owner of lots 19
and 20 obtained a special permit to allow
parking, for which reason the owner lost
interest in pursuing rezoning of his property.
Mr. Byrne, then, was unable to apply for a
change of zoning by himself, because he did not
meet the minimum requirements for application of
a zoning change.
At the City Commission meeting of July 21, 1988,
Item PZ-1, consideration of transmitting the
comprehensive plan, Mr. Byrne requested further
consideration. The Commission passed
Motion 88-730, which states:
"A MOTION INSTRUCTING THE PLANNING DEPARTMENT TO
DO A LAND USE DESIGNATION STUDY FOR 2838 NW 22
AVENUE; FURTHER INSTRUCTING THE ADMINISTRATION
TO COME BACK TO THE COMMISSION WITH ITS
RECOMMENDATION."
On September 7, 1988, the Planning Advisory
Board recommended a change in land use
designation for the subject property on the
comprehensive plan from moderate density
residential to commercial residential.
As an exempt property of less than three acres,
this zoning item can continue to be sent to
public hearing before the City Commission.
PAB 11/2/88
Item fil
Page 1
I.O e.dio
RECOMMENDATIONS
PLANNING DEPT. Denial. The application for change in zoning
does not further the goals, objectives and
policies of the Comprehensive Neighborhood Plan.
There is neither need nor justification for the
proposed change in zoning. A change in zoning
for this property would afford this property
special consideration not afforded other similar
property located in similar locations.
The area is developed as a moderate density
residential neighborhood and a change in zoning
to commercial/residential will disrupt the
existing conditions, impact on the neighborhood
and disrupt the existing zoning district
pattern.
PLANNING ADVISORY BOARD Continued from the Planning Advisory Board
meeting of October 19, 1988.
At its meeting of November 2, 1988, the
Plannina Advisory Board adopted Resolution
PAB 84-88, by a 7 to 0 vote, recommending
approval of the above.
Three replies in favor and three objections were
received by mail.
NOTE: All notices sent to Maria Marques' address, as
listed on the tax roll, have been returned.
CITY COMMISSION At its meeting of January 26, 1989, the City Com-
mission passed the above on First Reading.
DAB 11.'Z '88
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PAB 7 Sept. 88 AS _ 21
Item #4
x 3,, Approx. 2822-2838 NW 22 Ave. AP-0-14
T
CITY OF MIAMI
HEARING 801. S OIVrSION, BUILDING AND ZONINL :PA^TMENT
P.O. BOX 708, iIAMI, FLORIDA 33133 - i79-6�__
APPLICATION FOR PLANNING ADVISORY BOARD PUBLIC HEARING
Petition is proposed by:
( ) City Commission
( ) Planning Advisory Board
j ( ) Zo � 43.nd
( ) g Department
in compliance with Resolution # dated or
Memorandum dated October 12 , 1988
REQUIREMENTS:
1. All documents, reports, studies, exhibits, or other written or graphic
materials, if any, to be used in support of this hearing shall be submitted
with and be a part of this application.
2. Certified list of owners of real estate within 375' radius from the out-
side boundaries of the subject parcel (when necessary).
DATE
October
12,
1988
The subject property is located at Approx.
2822-2838
NW
22 Avenue
AND MORE PARTICULARLY DESCRIBED AS:
Lot (s) 19, 20, 21, 22 and 23
Block (s) 3
SUBDIVISION GLEN HAVEN ( 6-28 ) P.R.D.C.
It -is herewith petitioned and requested that
OR
Request for consideration of an amendment to Ordinance 9600, the Zoning Ordinance
of the City of Miami, as follows:
Consideration of amending the Zoning Atlas of Ordinance 9500, as amended,
the Zoning Ordinance of the City of Miami, by changing the zoning
classification of the subject property from RG-2/4 GENERAL RESIDENTIAL to
CR-1/7 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD)
10550�
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G:
MIAMI REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, 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
ORDINANCE NO. 10551
x x x
In the ......................................... Court,
was published in said newspaper In the Issues of
April 28, 1989
Affiant further says that the said Miami Review Is a
newspaper published at Miami In sold Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami in said
Dade County, Florida, for a period of one year next preceding
the first P44blIcallon of the attached copy of advertisement; and
aifiant rt er says that she has neither paid nor promised any
perao fir or corporation any discount, rebate, commission
or ref nd for the purpose of securing this advertisement for
oubli atl n In th�newsPaper,
—
SWribed before me this
.2 .Cr` y of . D. 19.P 9..
c ma For reV/v�Y
�G o ary P}� Ic, State of FI rids at Large
(SEAL) ,^ ,
My Commiss July 9, 1990.