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HomeMy WebLinkAboutM-83-0035J-82-288 4d a ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6811, AS AMENDED, THE COMPREHENSIVE ZONING R- DINANCE FOR THE CITY OF MIAMI, BY C NGING THE ZONING CLASSIFICATION OF LOTS 7 AND �i 148, BLOCK; 7, CORAL GATE - SECTIO C (49- 65) AND A STRIP OF UNPLATTED LANV BEGIPI- NING AT THE SOUTHWEST CORNER OF/LOT 60, DAVIS CITRUS FARMS (4-66) , T}aEVCE S' LY 18.42', THENCE E'LY 172.0'; TANCE N'LY 18. 5' ; THENCE W-LY 172' TO Pt B. LESS \TIIE ?1 15' FOR RIGHT-OF-WAY; fL,OCATED AT 1831-41 SOUTHWEST 37 AVENU$ A/K/A DOUGLAS OAD FROM R-1 (ONE FAMILY WELLING) TO -2 (COMMUNITY COMMERCIAV , AND BY MAKING IE NECESSARY CHANGES III' THE ZONING DIS- T ICT MAP MADE APART �V SAID ORDINANCE NO 6871, BY REFERENCES AND DESCRIPTION IN AR CLE III, SECTION 2,, THEREOF, BY REPEAL- ING BALL ORDINANCES, �,ODE SECTIONS, OR PARTS THER. OF IN CONFLICT,iAND CONTAINING A SEVER- ABILVTY CLAUSE. j I,JI?EREAS, the ami Zoning Board at is meeting of December 6, 1982, Item No. 5, folPwing, an advertised hearing, adopted Re- solution ZB-214-82 by a .S%ven to zero vote, RRCOMME1,\IDING DENIAL of a change of zoning classification, as hereinafter set forth; and t•BIEREAS , the: City Commission notwithstanding the denial of the Zoning Board finds that the use will not be detrimental or injurious to the character of �he development of the immediate 1 neighborhood; \s ti NOW, THEREFORE, BE IT ORDAINED BY THE. CONMISSION OF THE CITY OF MIAMI,,FLORIDA: Section 1. Ordinance No.y\'i871, as amended, the Compre- hensive Zoning Ordinance of the City\ of Miami, is hereby amended by changing the zoning classification•,of Lots 147 and 148, Block 7, Coral Gate - Section C (49-65) and a sttrin of unolatted land begin- 4 1 -9` ning at the Southwest corner of. Lot 60,"DAVIS CITRUS FARMS (4-66), thence, S'lv 18.42'; thence E'lv 172.0';'thence N'ly 18.5'; thence, W'ly 172' to P.O.B. less the R•T 15' for right-of-way, from R-1 (One 7M Family Dwelling) to C-2 (Community Commercial); and by making all the necessary changes in the Zoning District"Map made a part of said Ordinance ilo. 6871, by reference and descrint.on in Article III, ------------- 83-3 It I Section 2, thereof. Section 2. That all ordinances, code sections, or parts thereof in conflict herewith be and the same are hereby repealed as they are in conflict. Section 3. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be in- valid, the same shall not affect the validity of the Ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this day of ,1983. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ATTEST: RALPH G. 014GIE CITY CLERK PREPAREVAND APPROVED BY: t ' LUCIA T. ALLEN DEPUTY CITY ATTORNEY ,1983. MAURICE A. FERRE, MAYOR APPROVED AS TO FORM AND CORRECTNESS: 42.0itz JOSE R. G RCIA-P CITY ATTORNEY LTA:ia -2- 83-3, A .1 31 Howard V. Gary City Manager f,OV{u�rel E. Perez -Lugo nes Director Planning and Zoning Depar-tcient Ad-mi n i s t r�� t i on Department __ - _ December 22, 1982 CHANGE OF ZONING - RECOi,i1ENDED DENIAL 1831-41 SW 37 AVENUE CO!a-IISSION AGE,'DA - JANWRY 13, 1983 PLXN'; I i;G AND ZONING I TEi iS ` "It is recommended that a Change of Zoning from R-1 (One Family N-e irig) to C-2 (Community Co-•,rercial) at 1831-41 SW 37 Avenue be denie-d'�--- The Zoning Boars, a-- ics meeting of December 6, 1982, Item 5, following an advertised hearing, adopted Resolution ZB 214-82 by a seven to zero vote, REC0i1AE.Di;;G JE',I„L of a Chance of Zoning Classification of the above property also aescribea as Lues 147 and 148, Block 7, Coral Gate - Section C (49-65LL ) and a strip of unpla--ed land beginning at the SW corner of Lott 60, Davis Citrus Farms (4-66), thence S'ly 18.42'; thence E'iy 172.0'; thence idly 18.5'; thence W ly 172' to P.O.B. less the W 15' for right-of-way, from R-1 (One Family Dwelling) to C-2 (Community Commercial). Five opponents present at the meeting; five objections received in the mail. Two proponents present at the meeting; four responses in favor received in the mail. Backup information is included for your review. An OR ENANCE to provide for this Change of Zoning has been prepared by the City Attorney's Office and sub,ilitted for considerai.-ion of the City Commission. GF:III cc: Law Department NOTE: Planning Department DENIAL 83-3 ZC': i:: 3 FACT SHEET LCC.••.-:C::,'LEG%,L 1831-41 S.W. 37th Avenue 147 and 143 Block 7 CC'?t•.L G .T.. - SECT:C': C (+9-55) and a strip of unplattod lard beginning at t;he S'. corner of Lot 60, S' ly th rC' 7' ly 171.01 ' ' n ' a�-. .. 'i" J to P J J. , th.2 ':; 15' for rig%,--o-F Y. He•-..cr Gonzalez . -- 12 1 S'i: 3 7 A v: - r, u r and L.J.L. Realty Inc. P.3. EG:. 13 ':D 192° Allen Hcust;;n, Te>:,::c 77C;C Pnc713-522-5141 Sig.^n Ferro (httorney for Applicants) 7� Co l 'i; '. 107 i•1i.: ri, F1c-,-rida Phone P,-1 (One , a,.,,i ly C.. i l ing ) . RE 7-7 Ct. of Zoni n j tc C - 2 (Cc::..,,.ini ty Cc:,.,,:crci al) . REC NDAT I C':S ; . t;l_. Bar .1 on th:e fol lc:;ing reasons: 1) An �_ncroac},:, nt cf cC:".^;c:, al use into a residential district, creating a precedent for further re�.jning of the single family residc,ntial ,trip; 2) the ch anr,,7 aoul] nit he in accord with adopted City Coc:prehensive pl,rns; 3) Th•a prr,po,- -r.i cE; :n ; is out of scale With the ne::I'J" of the city since them-' is apple cor::.crci al Zoning avai 1 �t,le; 4) 1h:2 ch1,r.;1 _ i;i i 1 adv.-Y--ely effect the living con ;; i�:ns of the 5) Th:•r,,• are no ch3urging con,'.itions in the area Which necessitate the passage of the change. 3-35 PU31-1c .•JORt:S No dedication is requested. It is unla,,;ful for any person, firma or cor,�rtion to err-.Ct, ha,.e Constructed, or caU�e to be erected or constructed, any building a an un;,iat'_d lan,;, except the o'r.,ner of unplatt:_%d land er;:Ct or ca;�_._. to be erected a single faTily ho: and aCCe- ry bui k i!lg—_ ZON`,,';G BU,RD RECO''i'E',D DENIAL on December 6, 1922 by a 7-0 vote. —35 1831 41 S I. 37 AVE. CORAL GATE I r� V'.'