The URL can be used to link to this page

Home My WebLink AboutO-09046ORDINANCE NO. 9 9 4 6 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 16 AND 17, BLOCK 11, CHURCHILL ESTATES (44-64), LOTS 9 AND 10, BLOCK 6, AND LOTS 19 THROUGH 22, BLOCK 4, TWELFTH STREET MANOR 3RD SECTION (6-162), BEING 4001-4031 W. FLAGLER STREET, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-C (RESIDENTIAL OFFICE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CON- TAINING A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of September 10, 1979, Item No. 13, following an advertised Hearing, adopted Resolution No. ZB 182-79 by a 6 to 0 vote (2 members absent) recommending a change of zoning classification as herein- after 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. Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by changing the zoning classification of Lots 16 and 17, Block 11, CHURCHILL ESTATES (44-64), Lots 9 and 10, Block 6, and Lots 19 through 22, Block 4; TWELFTH STREET MANOR 3RD SECTION (6-162), being 4001-4031 W. Flagler Street, from R-4 (Medium Density Multiple) to R-C (Residential Office), and by making the necessary changes in the zoning district map made a part of said Ordinance No. 6871 by reference and description in Article III, Section 2 thereof. Section 2. That all laws or parts of laws in conflict herewith be and the same are hereby repealed insofar as they are in conflict. A Section 3. 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 30th day of OCTOBER , 1979. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of December PREPARED AND APPROVED BY: ____!bf TERRY V. RCY ASSISTANT CITY ATTO APPRP D S TO FORM GEOR CITY AT KNOX, J EY EY , 1979. PiauMi Ae A. re MYOR R RRECTNESS: 2. 9046 •..CATION/LEGAL OWNERS ZONING FACT SHEET 4001 thru 4031 West Flagler Street Lots 16 & 17, Block 11; CHURCHILL ESTATES (44-64) and Lots 9 & 10, Block 6; and Lots 19, 20, 21 S 22 Block 4; TWELFTH STREET MANOR 3ED SECTION (6-162) James R. Felton & Marion Felton 4031 West Flagler Street Miami, Florida ?hone: 649-1398 and Maria Padavick 4029 West Flagler Street Miami, Florida Phone: 549-1339 and Fourth Church of Christ, Scianti-,t, Miami, Florida 4015 West Flagler Street Miami, Florida ?hsn: 519-2333 and Camilo H. Gonzalaz 4001 West Fla 1ar g St Mimi, Florida and nJt? ona: 41_-2273 Dr. Pedro J. Poveda 4011 W. Flagler Street #506 Miami, Florida Phone: 643-6011 and Dr. Roberto L. Ortiz Crabb 4011 W. Flagler Street #2.01 Miami, Florida Phone: 638-3311 (page 1 of 3) ZONING FACT:SHEET % ,`C ATIOU/LEGAL OWNERS 4001 thru 4031 West Flagler Street Lots 16 & 17, Block 11; CHURCHILL ESTATES (44-64),and Lots & 10, Block 6; and Lots 19, 20, 21 & 22 Block 4; TWELFTH STREET MANOR 3RD SECTION (6-162) James R. Felton & Marion Felton 4031 West Flagler Street Miami, Florida ?hone; 549-1393 and Maria Padavick 4029 West Flagler Streets 649-1339 Miami, Florida hone: and Fourth Church of Christ, SciantiJt, Miami, Florida 4015 ?lest Flagler Street :� t_ 333 Miami, Florida �,;, Jna . and Camilo H. Gonzalez 4001 West Flagler Street Miami, Florida ?hone: 642-2273. and Dr. Pedro J. Poveda 4011 W. Flagler Street #506 Miami, Florida Phone: 643-6011 and Dr. Roberto L. Ortiz Crabb 4011 W. Flagler Street #201 Miami, Florida Phone: 638-3311 (page 1 of 3) APPLICANT ZONING REQUEST EXPLANATION Dr. E. Fernando Odio 4011 W. Flagler Street #203 Miami, Florida Phone: 638-3311 and Dr. Francisco C. Rios Casadevall 4011 W. Flagler Street #202 Miami, Florida Phone: 444-5433 and Dade Federal Savings and Association of Miami 4011 West Flagler Street Miami, Florida Dade Federal Savings and of Miami 101 E. Flagler Street Miami, Florida Loan Phone: 579-2000 Loan Association Phone: 579-2000 R-4 (Medium Density Multiple). Change of Zoning Classification from R-4 (Medium Density Multiple) to C-2 (Community Commercial) A change of zoning cannot be conditioned to use. Dade Federal Savings & Loan is the owner of the building located at 4011 W. Flagler (Lot 9 and 10, Block 6, 12th Street MANORS, 3rd Section (6-162). Dade Federal Savings & Loan is seeking this rezoning to allow a more diversified use of their building thAn it is allowed under the present zoning. In order to qualify to make this application, D.F.S.&L. had to obtain the consent of the property owners to the west of D.F.S.& L. property to join in this application. (page ? of 3) RECOMMENDATION PLANNING DEPARTMENT ZONING BOARD CITY COMMISSION DENIAL OF TICE REZONING TO C-2. APPROVAL OF REZONING TO R-C. The proposed rezoning of this property to C-2 (Community Commercial) would adversely affect the surrounding residential neighborhood. It would also increase the amount of "strip commercial zoning" in the City which is in conflict with Miami's Comprehensive Neighborhood Plan. In addition, Census Tracts 49 and 56, which encompass this section of W. Flagler, contain over 162 acres of commercially zoned land of. which 47.5 acres have been allocated for Community (C-2) and Local Commercial (C-1) needs. The population of these two Census Tracts is approximately 12,000 therefore this allocation far exceeds national standards of .5 acres per 1,000 population (1.13 acres are available per 1,000 population). Rezoning this property to R-C (Residential- Office) would provide a better solution to handling its redevelopment. R-C Zoning permits office and residential uses. The residential density permitted under this Zoning is higher than under R-4 Zoning (58 dwelling units per acre versus 43 dwelling units per acre. This higher residential density can be readily handled by this area. since there's more than enough commercial property and since the property is located on a major arterial. Under'R-C Zoning office uses are properly regulated in order to buffer and blend in with the adjacent residential properties. On September 10,_1979 recommended approval of rezoning to-R-C. APPROVED on 1st reading, October 30, 1979. (Page 3 of 3) cot a, va peorosgv rooPnN4 = m c-g MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Becky Caskey, who on oath says that she is the Assistant Director of Legal Advertising of the Miami Review and Daily Record, 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 or Notice in the matter of CITY OF MIAMI Re: Ordinance No. 9046 in the XXXX Court, was published in said newspaper in the issues of January 4, 1980 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said 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 publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission. or refund for the pose of securing this advertisement for pubiica,in the said newsp 4t e f�is 130 Notary -6b,ic ti:t@ of Flpr4f a114Lrge (SEAL)FLORID pP,,•, My Commission expires July '/1li)PM,,,,,,,, _MR-80 i"1 7 NA 3 : J Ralph 0. G„glo City C1Ctf City of Miami. Fla. CITY OF MIAMI DADE COUNTY, FLORIDA LEGAL NOTICE All Interested persons will take notice that on the 27th day of December, 1979, the City Commission of Miami, Florida. adopted the following titled ordinance: ORDINANCE NO. 9046 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 16 AND 17, BLOCK 11, CHURCHILL ESTATES (44.64), LOTS 9 AND 10, BLOCK 6, AND LOTS 19 THROUGH 22, BLOCK 4, TWELFTH STREET MANOR 3RD SECTION (6- 162), BEING 4001.4031 W. FLAGLER STREET, FROM R•4 PL.G)::TO•.R�6 48E51DTIAL OFFICE), AND BY MAKING THE NECESSARY tHA IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. 1/4 RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 4 day of January 1980.