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Home My WebLink AboutO-105451, -I W , J-88-952 10/4/88 ORDINANCE NO. 101S41 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 2822-2838 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO COMMERCIAL RESIDENTIAL; AND MAKING FINDINGS. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 7, 1988, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 72-88, by a 9 to 0 vote, RECOMMENDING APPROVAL of this request to amend the Miami Comprehensive Neighborhood Plan and Addenda (September 1985), as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, notwithstanding the Planning Board's recommendation, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this Comprehensive Plan change as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami Comprehensive Neighborhood Plan and Addenda (September 1985), is hereby amended by changing the designation of that certain parcel of real property located at approximately 2822-2838 Northwest 22nd Avenue, Miami, Florida, more particularly described as Lots 19, 20, 21, 22 and 23, Block 3, of GLEN HAVEN, as recorded in Plat Book 6 at Page 78 of the Public Records of Dade County, Florida, from Moderate Density Residential to Commercial Residential. Section 2. It is hereby found that this Comprehensive Plan designation change: a. Is necessary due to changed or changing conditions; w 3.0-545 b. Involves a residential land use of 6 acres or less and a density of 5 units per acre or less or involves other land use categories, singularly or in combination with residential use, of 3 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 30 acres; o. The property which is the subject of this amendment has not been the specific subject of a Comprehensive Plan change within the last year; and d. The herein amendment does not involve the same owner's property within 200 feet of property provided a Comprehensive Plan change within the last 12 months. Section 3. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this _26th day of January 0 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 9th day Of February AT MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: J EL E. MAXWELL SISTANT CITY ATTORNEY JEM/db/M393 2AVIER L. MAYOR APPROVED AS TO FORM AND CORRECTNESS(' r \ I I'� JORUE Vt FE ANDEZ CITY ATTORNE -2- i054 5 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: August 17, 1988 Lots 19, 20, 21, 22 and 23 Block 3 GLEN HAVEN (6-78) P.R.D.C. Per Motion 88-730; July 21, 1988, consideration of amending the Miami Comprehensive Neighborhood Plan (September, 1985), and addenda, as amended by changing the subject property land use designation from Moderate Density Residential to Commercial Residential and by amending the proposed Miami Comprehensive Neighborhood Plan 1989-2000 by changing the subject property land use designation from Medium Density Multi Family Residential to General Commercial. 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 Board for a zoning change, approximately ten years ago. Later, 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." PAB 9/7/88 Item #4 Page 1 'I545 -/ RECOMMENDATIONS PLANNING DEPT. Denial. The application for change in land use designation does not further the goals, objectives and policies of the Comprehensive Neighborhood Plan. There is neither need nor justification for the proposed change. The area is developed as a Moderate Density Residential neighborhood and a change in designation to Commercial/Residential will disrupt the existing conditions. PLANNING ADVISORY BOARD At its meeting of September 7, 1988, the Planning Advisory Board adopted Resolution PAB 71-88, by an 8 to 1 vote, recommending approval of the above. NOTE All notices sent to Maria Marquez' address, as listed on the tax roll, have been returned. CITY C0P:i•I-LSS-L0N At its meeting of January 26, 1989, the City Commission passed this item on First Reading. PAB 9/7/88 Item #4 Page 2 IN � w r N A 32 M.,� �" � -.Z. + Z 3t Z - 31 z (n 3 6 3 30 3 30 + : 3 ■ _ 3 ` 29 • x. 4 s as F-= all r Z7 ZT x r..f,..,... .. 30 ` 7 2S = 7 219 r > 6- , ! w ' 6 ` 9 25 23 % 9 % 3 H 9 24 r"!r'■'"" 24 t 12 1 12 2 ' 110 23 10 23 . It 2 1 Z2 22 = ■ Ip 3 > 1 al z>bow S* ` 3 20 i 3 2fr ■ ■ 9 ,* 4 w 9 4 g IS 1e 1s d �. S i $ r Nw z a• 4 , r 3 za 3 21! • * 4 4 27 s as = N r T 424 a z= t N >� Q Z 24 ■ r = 10 t 10 V 4• = 13 19 i3 I I• 4C. s 14 IT 14 17 , ,4s.4 45.4 Irl u • 4 4 is 7 �79 44.! 1 so i� 7S i.. N.W. 2 8 ST 123 4 3 ! N ze 3 2 N Z• : Tn mmommom 4 4 27' . . I' 2S g =� ,�: Zs ' $ 9 i a � 11 1a 13 ! � 4 � 1 a • 7 ;, z4 7 f 2�` 7, 2 24 ' '3 23 a 231, .�' y.w. 27 S1 ...r 22 d 22 = ,as ? r )0 2t 10 2f r 13 ` I 20 0 = tl AMMEW a - PFT , , "t DAB Seat. 33 yAS - !1 6 140 1 7 . tem � IL( ?ri S Nc�t1�i► 2-6 noprox. ','W 22 Ave. AP-0-1; " i +W 4L7 3 t7 z 23 x . Za IT O s = 7 'MIND g • 9 17 r �11 4S I�,� 14 54 ��• e 4 7MIN ST 30 -er r.— �M al .4k Mr w w F- , P.CX 4 CM wi V464 Jj -7 7 .7 'r-f- c ST'. N.W_ • ST '57 2r N. W. 412 rT;q ui 41, A PAB 7 Sept. 88 AS 21 t em #4 Approx. 2822-2838 NW 22 Ave. AP-0-14 CITY OF MIAMI HEARING BOA' )DIVISION, BUILDING AND ZONING 1PARTMENT P.O. Bu. 708, MIAMI, FLORIDA 33133 - Sly-6082 APPLICATION FOR PLANNING ADVISORY BOARD PUBLIC HEARING )-his Petition is proposed by: ( ) City Commission ( ) Planning Advisory Board ( ) Zoning Board ( ) Planning Department in compliance with Resolution # , dated or Memorandum dated August 17, 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 August 17, 1988 The subject property is located at APp= 2822-2838 NW 22ND Avenue AND MORE PARTICULARLY DESCRIBED AS. - Lot (s) 19, 20, 21, 22 and 23 Block (s) -3 SUBDIVISION Glen Haven (6-78) P.R.D.C. 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: Per Motion"88-730; July 21, 1988, consideration of amending the Miami Comprehensive Neighborhood Plan (September, 1985), and addenda, as amended by changing the subject property land use designation from Moderate Density Residential to Commercial Residential and by amending the proposed Miami Comprehensive Neighborhood Plan 1989-2000 by changing the subject property land use designation from Medium Density Multi Family Residential to General Commercial. SIGNED: '1 54 S S CITY OR04 W 0 MIN 0 AN AWAME 106111 NOVi MI V THEAtaUiAWFINT THA tB!F0 ACT. ory-ob M I OWMAVEA'AIN161NG1 or TkeCITY'SIONIN06'1 AN' ApFiAkjbN-'MOAE SECTION 8 00st&ION 1 11"OVID91HAt'SAW Av ATTORNEYS; -,`0ONTAININ SEVERABILITY OLAIUSt!- MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor 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 t�libli CITY OF MIAMI N ORDINANCEO. 10545 In the ........ ........................ Court, was published In said newspaper In the Issues of February 23, 1989 Afflent further says that the said Miami Review Is a newspaper published at Miami In said Dade County, Florida, 8 and Ct the said newspaper has heretofore been continuously Saturday, Sunday and Logublished In said Dade County, Florida each day (except jai Holidays) and kas been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a porlod of one year next preceding the first publication of this attached c? of advertisement; and a ori afflant further says that she has id nor promised any person firm or corporation aw sc t, rebate, commission or for the purpose e&rIng t a advertisement for I to In t . ........ .. I .. ... .... ... ... % S r 4bscribed before me this • 3.. d A.D. 19..a.9.. .......... .... ........... Jonka Man ez P1 Z " No ary P Ic, Sty orlda at Large - (SEAL) k_N My Com n& lexpires June 2111 1: MR 115 f-4 0 S 11) N ,A 'F C -A C C F dII CITY L ;?I M!rFj, RIPA!,'. .41*02231110M�: