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HomeMy WebLinkAboutO-10551J-88-1045 2/23/89 ORDINANCE NO. 1,01551, AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT APPROXIMATELY 1145-1199 NORTHWEST 11TH STREET, MIAMI, FLORIDA (A/K/A MUNICIPAL JUSTICE BUILDING), FROM GU -GOVERNMENTAL USE TO CR-3/7 COMMERCIAL/RESIDENTIAL (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 14, 1988, the City Commission passed Motion No. 88-86 authorizing and directing the Administration to begin steps to offer the property located at 1145 Northwest 11th Street as surplus property for sale to the general public; directed that the property be appraised, and requested that the City Manager make recommendations relative to proposed uses for the property; and WHEREAS, the Miami Planning Advisory Board, at its meeting of October 5, 1988, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 78-88, by a 6 to 2 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 1145-1199 Northwest lath Street (A/K/A Municipal Justice Building), Miami, Florida, more particularly described as NW 1/4 of the SE 1/4 of Section 35, TOWNSHIP 53 SOUTH, Range 41 East; being the NE corner of NW 11th Street and NW 12th Avenue, bounded by the Metro Dade County Water and Sewer Authority Department property on the east, NW 11th Street on the south, NW 12th Avenue on the west and SR 836 Expressway right-of-way on the north, comprising 6.7 acres, from GU -Government Use to CR-3/7 Commercial/Residential. 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; (c) 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; (k) Will not adversely affect property values in the adjacent area; Cl) 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. -2- 1,0551 Y 0 Section 3. Page No. 24 of the Zoning Atlas, made a part of 1 Ordinance No. 9500 by reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to ref leot the changes made necessary by these amendments. 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 23rd day of February 1989. XAVI . SUAREZ MAYOR AT S MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: �• !� ��`7 L E. MAXWEL A ISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JORGE L. ZEY RNANDEZ CITY ATTO JEM/db/M408 -3- 10 551 i PLANNING FACT SHEET APPLICANT City of Miami Planning Department: September 19, 1988 PETITION 1. APPROXIMATELY 1145-1199 NW 11TH STREET (AKA MUNICIPAL JUSTICE BUILDING) NW 1/4 of the SE 1/4 of Section 35, Township 53 South, Range 41 East; being the NE corner of NW 11th Street and NW 12th Avenue, bounded by the Metro Dade County Water and Sewer Authority Department property on the east, NW llth Street on the south, NW 12th Avenue on the west and SR 836 Expressway right-of-way on the north, comprising 6.7 acres. (Legal Description on file at the Hearing Boards Office, Building and Zoning Department). Per Motion 88-86; January 14, 1988, consideration of a change in zoning classification of the subject property in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami from GU -Government Use to CR-3/7 Commercial Residential. REQUEST To rezone the Municipal Justige Building from GU -Governmental Use to CR-3/7 Commercial/Residential. BACKGROUND On January 14, 1988, the City Commission passed Motion 88-86 as follows: "A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION TO BEGIN STEPS TO OFFER THE PROPERTY LOCATED AT 1145 N. W. 11TH STREET AS SURPLUS PROPERTY FOR SALE TO THE GENERAL PUBLIC; FURTHER DIRECTING THAT THE PROPERTY BE APPRAISED, AND FURTHER REQUESTING THE CITY MANAGER TO COME BACK WITH HIS RECOMMENDATION." On March 2, the Planning Advisory Board recommended denial of the Planning Department's recommendation to amend the plan from Government/Institutional to Residential/Office PAB 10/5/88 Item #1 Page 1 and to change the zoning designation from GU Government Use to 0-I/7 Office- Institutional. The point made by the Spring Gardens Neighborhood Association was that the Planning Department's proposal would not allow . a supermarket/shopping center as a principal use on the site. Per Motion 88-393; April 28, 1988, the Planning Department was directed to return on June 23, 1988, with development alternatives to be utilized a) as the basis of a plan amendment/rezoning and b) for a Request for Proposals, for the Municipal Justice Building site at 1145 N. W. 11 Street. Per Motion 88-446; May 12, 1988, consideration of issuance of an RFP for a UDP for this site for the development of office and/or hotel use including ground level retail was continued to coincide with the rezoning consideration. On June 23, the Commission continued consideration of both the proposed change of zoning and plan amendment to July 21. On July 21, the City Commission passed Motion 88-732 re -designating the site from Government/Institutional to General Commercial (as part of Resolution 88-7361 and transmitted the amended plan to the Florida Department of Community Affairs for 90-day review and comment. This zoning change could be considered by the Commission in December and January, assuming that the Miami Comprehensive Neighborhood Plan 1989-2000 is passed on 1st reading in December 1988 and adopted in January 1989. ANALYSIS The existing Municipal Justice Building is zoned GU -Governmental Use. The predominant zoning of the Medical Center/Civic Center is 0-I Office/Institutional which reflects the existing uses there. Rezoning the subject site to Commercial/Residential will allow office, commercial, institutional or residential uses which are similar to the zoning to the north. This rational change of zoning will therefore conform more closely to the existing land use pattern and eliminate the isolated GU district. PAB 10/5/88 Item #1 Page 2 The size of this site will allow a transition to the hotel and residential uses to the south of N. W. 11th Street. This rezoning will accommodate, for example: -an office building with a small convenience store. -an office/hotel development with a small retail component. -a one -or -two story commercial building. -an office/hotel/retail complex including a supermarket. -a supermarket. RECOMMENDATIONS PLANNING DEPT. Approval PLANNING ADVISORY BOARD At its meeting of October 5, 1988, the Planning Advisory Board adopted Resolution PAB 78-88, by a 6 to 2 vote,reconmendina approval of the above with further recommendation that Institutional - Uses be restricted from RFP to be issued by the City. One proponent was present at the meeting. CITY COMMISSION At its meeting of January 26, 1989, the City Commission passed the above on First Reading. PAB 10/5/88 Item #1 Page 3 105.51 3 QQQT N .W. ! 4 345 9 �. PROFESS IQ" AL� \ ARTS CENTER TRAC T"A" O N . �\ 9A O i 429 63'.2>r MTE4 \ 14 I OmI/7 a� i MorL S T'rCWER o� O 3 � 4 6's 3 ..27 28 t� 9 3C Cl PRO PERT N ' W. a73 413 689 68a 50 yp � ! VOE 19E 8E IT i� g p 9S BS 2TS Z S 1 38 28 IB 1 2 41 . IM o 0 0 r, ^ o 0 u itMY nZi6Ec 3E 48S •+�6" '3� ! n a B 3 M 72.8 1E i00 i !!_ 31S 10 9 2 f+ n 3c p- o,� aN -22 E 15E S 324 r:oB I i3? ;;J6 9 ' Z3 t `E 46S O 335F 6 MlY 5M , 13E= 6E S 0 6: g s loo - F-- �L5 E `^ \ PAB 5 Oct. ♦' Gr )S 88 F"'I/ s �P o AS 24 92 3 � •• �y� • F 1. s • e, a; Item # 1 10551 Q'w' Approx. 1145-1199 NW llth St. AP N-4 (V �� s / NON -.i/r //���] /� `.` S7f.''•/ " a jo .ts 17S1IGS Ip tOC NON �� !:SSIi• ki 'at tS � a � ria, '? _ 7' �,. T` ,� ,ep.�•t '-trf - � s i • � q` �� ,,a ` � ...ail K° PAB 5 Oct. 88 AS - 24 Item #1 AP N-4 y�.. Approx. 1145-1199 NW 11 St. v .� « , �1, -.«, l• ''��t���'.' Cam`_ •1 � In- If�����', 9� .'T%y s ' crp .`> ll` '4• (1, qq� t L 4� ;fit N 4 IJ -� .a lr1 Sr 777, .4`. �s.r ,x� G ?�'i• fT,' ' ���•i'+.. , ll.__i � ..��'1 `t � w �T \ .;\' e. w ,. '' �LL - e• `K' �� _._ ;°�-._' mow`:' _ ,. 't. • ty, N.W II T r�'-a�x � x,i �, 4 rr .{�.. 9r"x.� s�#? `..� � vV„���r'•4.R`,�F , x i'� 1 1)-t'i i +r t ion* .;b•t -.iW� • J-•...•y�[x.�L....Gs.c.yu..w.+i:...W14s�<:.u+,.,�.....—.�ww..�YJ...rra.4....�::t, a ..� _u.. ++INV r.w.►:r ..iIL�.-.r..Y i... HH CITY OF MIAMI. FLORIDAE� INTER -OFFICE MEMORANDo�VI OCT 11 nII:� :27 Gloria Fox DATE . October 11, .1988 FILE'. Assistant Executive Secretary Hearing Boards SUBJECT Municipal Justice Building Site Change in Zone Classification )MSergio 'o iguez REFERENCES . Execut Secretary - Planning Advisory Board=NCLosuREs . As you know, on Wednesday, October 5, 1988, the Planning Advisory Board passed a Motion 78-88 which states as follows: "A RESOLUTION RECOMMENDING THAT THE CITY COMMISSION CONSIDER RESTRICTING INSTITUTIONAL USES FROM THE TYPE OF USES PROPOSED IN THE REQUEST FOR PROPOSAL (RFP) TO BE ISSUED BY THE CITY." It was the intention of the Planning Advisory Board that this Resolution be forwarded to the City Commission for its consideration. As explained by Mr. Elbert L. Waters, Assistant Director, who was acting as Executive Secretary for the evening, the Planning Department would transmit this Resolution to your Department. If you have any questions, please feel free to contact Elbert L. Waters, Assistant Director of the Planning Department, at extension 6086. SR/ELW/rj cc: Guillermo E. Olmedillo, Deputy Director Planning Department - Joseph W. McManus, Assistant Director Planning Department Planning Advisory Board 1055i U CITY OF MIAMI HEARING BOAk _ DIVISION, BUILDING AND ZON_T:Iq ?ARTMENT P.0 '108, MIAMI, FLORIDA 33133' .6082 APPLICATION FOR PLANNING ADVISORY BOARD PUBLIC HEARING This Petition is proposed by: ( ) City Commission ( ) Planning Advisory Board ( ) Zoning Board ( ) Planning Department in compliance with Resolution # , dated or Memorandum datedSept. 1-9* 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 Sept. 19, 1988 The subject property is located at APPrOx- 1145-1199 NW 11th Street (AKA Nimi.cipal Justice Building) AND MORE PARTICULARLY DESCRIBED AS: Lot (s) Block (s) SUBDIVISION It -is herewith petitioned and requested that OR Request for consideration of an amendment to Ordinance 9500, the Zoning Ordinance of the City of Miami, as follows: " NW 1/4 of the SE 1/4 of Section 35, Township 53 South, Range 41 East; being the NE corner of NW 11th Street and NW 12th Avenue, bounded by the Metro Dade County Water and Sewer Authority Department property on the east, NW 11th Street on the south, NW 12th Avenue on the west and SR 836 Expressway right-of-way on the north, comprising 6.7 acres. (Legal Description on file at the Hearing Boards Office, Building and Zoning Department). Per Motion 88-86; January 14, 1988, consideration of a change in zoning classification of the subject property in the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami from GU -Government Use to CR-3/7 Commercial Residential. SIGNED: G a.i5e5' 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 dolly (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. 10552 In the .. .. ?{..?{.............................. Court, was published in sold newspaper In the Issues of April 28, 1989 Aftlant further says that the said Miami Review Is a newspaper published at Miami in sold Dade County, Florida, and i at 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 malt matter at the post office In Miami In said Dade Cc y, Florida, for a period of one year next preceding the fir pu Iicatlon of the attached copy of advertisement; and offlan fur or says that she has neither paid nor promised any pare f m or corporation any discount, rebate, commission or re u for the purpose of securing this advertisement for pubii on In the Id newspaper. N0TA �' cribed before me this 89 A of A.D. 19.: e .. .. .. ...,. claims V. For yre C 0 (113 ppL i4 art P Ic, State of F d a at Large EA My Co OF s�Q y 9, 1990. All Interested Persons will Febnlary, 1989; the City. Comm ftlhiVvinp titled ordinannea;. AN; OFtbiNANCE; AMEN 2ti22.2,3 NORTHWEST 22ND AVENUE, MI Ml, FLORIDA°(MOR PARTICULARLY DESCRIBED HEil:iN),.FR M �G'lt4 f3NERt� RESIDENTIAL TOCR-117;i;OMMERCIALtEs�TDiiJ°rI'A, (NEIGHBC+f4HO0D),.MAKING �11301Nt�9, SY M`A(tiNQ Ai.L,TH NECESSARY CHANGES Ot4_ PAGE NQ`i OF -'SAID ZONiNI ATLAS, AND PROVIDING AN'EFFECTIVE DATE 'ORDINANCE NO. 10b51 AN ORDINANCEAMENDING='THE ZONINt9 ATLASi 0; ORDINANCE NO.901,'THE ZONING ORbiNANCE OF THE CIT OF: MIAMI,:FLORIDA, BY CHANGING::?HE;ZONINOM.LASSIF CATION•FOR PROPERTY-LOCATED,A7 APPROXIMATEL 1146.1199•NORTHWEST 11TH;STREETI'MIAM1, FLORIDA'(Allfl MUNICIPAL JUSTICE BUILDING), FROM 3j, GbVERNMENTA USE TO CR•917:•,C.OMMERCIAUR.ESibEN1 IAL PARTICULARLY DESCRIBED HEREIN): MAKINC3;.FiNDfN(35,, MAKING,;ALL NECESSAAY.CHANGES ON PAGE NO 4 OE SAI ZONING ATLAS; AND PROVIDING"AN;EFFECTIVE DATE ORDINANCE N0..105b2 " AN.ORDI-NANCE:AMENDING THE,ZONINO ATLAS;O ORDINANCE NO.9506, THE ZONING ORDINANC1= OF THE CIT Oft, MIAMI, FLORIDA, AS. AMENDED,; BY APPLYING SECTIO 1612, HC 3: R1:S10ENY1AlOP1=10E'HERIT/1iiE GO ISERVAIto OVERLAY DISTRICT TO'THE=WALTER E ,FLANbERS;HbUS ,LOCATED'AT APPROXIMATELY d62 NORTHEAST 311i Fl STREE MIAMI,'FLORIDA, (MORE PARTfCU,LAI�LY DESCRIBED,HEf�Ejh' MAKING: FINDINGS`, MAKING. ALLNECESSARY,'CHANQES'O PAGE NUMBER 15 OF. SAID ZONING. ATLAS; AND PROVIDIN AN EFFECTIVE DATE. " ORDINANCE N0:10b53 , AN ORDINANCE,AMENDING;•THE.ZONING ATLASO ORDINANCE NO. W00, THE ZONING ORDINANCE OFTTHE df1 OF.;MIAMI; FLORIDA, BY CHANGING ;7HE ZONING;CLASSIF CATION'!OF.APP(tOXIMATELY.110.S.W 7 STREET AND.700m SW 1 AVENUE,'MIAMI, FLORIDA (MORE PARTICULARI DESCRIBED,HEREiN); FROM':CG•217 GENERAL"COMMERCiE TOCRWJ3OMMERCIAL RESIDENTIAL; BY; MAKING,IFINDING AND BY. MAKING BALL THE NECESSARYCHANGES ON'`PAG NO.36 OF SAID ZONING ATLAS MADE A PART OF ORDINANC NO,.950Q.BY REFERENCE -AND DESCRiPTION:IN,ARTICLE? • •;SECTION.300; •THEREOF; CONTAINING"`A REPEALER PROV{SIC AND A:SEVERABILITY CLAUSEj.PROVI0ING,,FOR AN':EFEE TIVE DATEi ORDINANCE N0..10554 AN ORDINANCE AMENDING.THE'ZONiNG ATLAS',C ORDINANCE NO: 9500, THE ZONING ORDINANCE OF THE CI1 OFUAMI;_FLORIDA, BY.CHANGING THE ZONING:.CLASSII CATION .OF. APPROXIMATELY;2900::.BRIDGEPORT�AVEN.0 MIAMI, :FLORIDA, (MORE PARTICULARLY DESCRIBED HEREI FROM'RO14.1/4. TO RO-2.115; BY MAKING FINDINGS; AND .E MAKING ALL THE NECESSARY, CHANGES ON PAGE NO: 4i;t SAID,ZONING ATLAS MADE, A PART OF ORDINANCE NO, 95 BY REFERENCE AND DESCRIPTION IN ARTICLE 3;-:SECTIC 300, THEREOF; CONTAINING A REPEALER PROVISI& AND SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE bq, ORDINANCE NO 10555 . AN ORDINANCE AMENDING ORDINANCE 9500;"A .JHE ZONING ORDINANCE'OF-THE'OITY,OF MIA BY AMENDING: ARTICLE 1"PI; SPECIAL PURL DISTRICTS,: SECTION 1560, SPI-B CENTRAL, C RESIDENTIAL DISTRICT, SECTION 1569 LIMITATIOI SECTION1570`SPI.7 BRICKELL-MIAMI RIVEWRA COMMEROfAGRESIDENTIAL,, DISTRICT,.SECTION ,_-.TIONS ON': -SIGNS TO MAKE SAID; SECTIONSri PROVISIONS OF: SECTION '2026.18;`SECTION ''2021 CIFIC LIMITATIONS AND.REQUIREMENTS, BY A[ SUBSECTION 2021.16 AND CLARIFYING OTHER S -AND AMENDING THE SCHEDULE OF DISTRICT R PAGE 2,,""ACCESSORY USES -LIMITATIONS; ON, RG 2.1;. RG•2.3,.. AND 'RG-3 GENERAL' RESIDENT USES "AND 8TRUCTURES, ACCESSORY USES'LIN SIGN% OR, COMMERCIAL RESIDENTIAL,(GENEI f3; 'ACCIESSORV, USES -LIMITATIONS ON SIGNS,, COMMERCIAL TO PROVIDE THATALL. EXTEI SIGNS;ABOVE A'HEIGHT OF 50 FEET ABOVE GF RESTRICTED. IN SIZE;_ COLOR,: NUMBER; LIGH1 AND SUBJECT MATTER; SUBJECTJO REVIEW;B' DEVELOPMENrREVIEW BOARD AND ISSUANCE C. SPECIAL PERMIT BY THE PLANNING DIRECT( ORDINANCE NO.100" ' AN EMERGENCY ORDINANCE -AMENDING SEC1 THE CODE OFTHE CITY.OF. MIAMi;. FLORIDA;,) BY REMOVING 'THE RESTRICTION WHICH MAi STREETS.BE;CLOBED TO VEHICULAR TRAFFIC TIONS ONLY; PROVIDING FOR RETROACTIVITY; 5417 OF �•�I. uiFnrnFn A REPEALER PROVISION AND SEVERABILITY CLAUSE Said ordinagcee maybe Inspected by the publlc at the 'Off lce"of the•'City Clerk, 35W Pan American Drlve,,Mlami, Florida, Monday!° through Friday, excluding holidays, between the hours pf'8:00 A.m.. and 5.00 p.rn (81z7) MATTY HIRA1 CITY CLERK" MIAMI, FLOJI16A {jZa ' 80 4-042846M'