HomeMy WebLinkAboutO-0888311/28/78
a
=NANCE NO, 8883
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THt CITY OF
MIAM/, WY CHANGING THE ZONING CLASSIFICATION
OV LOTS 11, 12 AND IS, LESS THE SOUTHERLY 149.90
FEET AND LOTS 14, 15, 16, AND 17, LESS THE'SOUTH
100 PEET, AND LOT 18 LESS THE SOUTHERLY 100 PET
AND LESS THE EAST 17.835 PEET OP THE WEST 37.835
PTALL OP BLOCK E, BISCAYNE PARR TERRACE (2/)6),
BEING APPROXIMATELY 2100 SOUTH DIXIE HIGHWAY, FROM
R-1 (ONE PAMILY) TO R-CA (RESIDENTIAL OFFICE), AND
BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP, MADE A PART OP THE SAID ORDINANCE NO.
6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; 8Y REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONPLICT; AND
CONTAINING A SEVERABILITY PROVISION.
WHEREAS, the Miami Zoning Board at its meeting of
September 26, 1977, Item No. 9, following an advertised hearing,
adopted Resolution No. ZB 158-77 by a 4 to 2 vote recommetding
denial for change of zoning classification as hereinafter set forth;
and
WHEREAS, notwithstanding the recommendation of the Zoning
Board, the City Commission, after careful consideration and due
deliberation of this matter, deems it advisable and in the best
interest of the City of Miami and its inhabitants to grant a 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 11, 12 and 13, less the
southerly 149.90 feet, and Lots 14, 15, 16, and 17, less the south
100 feet, and Lot 18 less the southerly 100 feet and less the east
17,835 feet of the west 37,835 feet, all of Block E, BISCAYNE PARK
TERRACE (2-36), being approximately 2100 South Dixie Highway, from
R-1 (One Family) to B-CA (Residential Office); and by making the
necessary changes in the zoning district map. made a part of the
said OrdinanceNp, 6871, by reference and description Ln Article 111,
Section 2 thereof,
8 ction 2, That all laWs Of parts of law it conflict
herewith be, and the same are hereby repealed intofar ag they are
ill amnia,
Section 3, Should any part or provition of this Ordinance
be declared by a court of competent jurisdiction to be invalid, the
Sate shall tot affect the validity of the ordinance as a whole,
PASSED ON FIRST READING BY TITLE ONLY this- _.11day
NV/MIER 1 978.
PASSED AND ADOPTED ON SECOND AND FINAL REA /NG tY TITLE
ONLY this I4th day of December 1978,
MAURI CE A FE RRE
PREPARED. AND APPROVED BY:
G. RIAM MAER
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
G OR
CITY TORNEY
MAYOR
Mt i1it leVi W
Aiwa 190it rte
irstiE�'6etry vi toi l'flttr stiv,'1uitdl *
Layer 14611811,1
14i11lftrf, ban Critifftt,'POW.
ttAtt aft PL ittbA
r`r inlet Oft tcAoe:
Weed aka
9rrtbtr IrrE uhaeraigtoe etolhattfq OtrlanAfi ! a -
Ceuta', /Ma aid e'tth lays MriPrP t6 t
A'b%itteht Dirdefar i 1l0e1 Aavertillf14 of fft! I8MI1
Suneey ena Ladal H6iaad't) rtewrr &D8PI u6I ribdd If
aevetf Dade M 8InO �areL�te1r fAa vffl Phi c
Noll[!► ih the tttatter M
CITY OR MIAMI
'ord. 8883
the Cburt,
vita published In said hewtpbber Ih ttie I5lu85 Of
bet. 214 1978
Afftan{ fUrfher says'that the Old MISMI Review
and billy Record is a newspaper publ►5h8d at MIAMI, ih
Said Dade Comity.-Fiorid8, and that the 5bWU n8Wipep8I
Fiat 'heretofO) 8 been cohtthU0utly published ih 181a
bade County, Pibrtda, 88th day (except S8turdby, Sun,
day end Legal H0I1(18y4) and has been 8nt8red ea
setood OMff 8ti'rh8tter at the NWbiflce'ih Mlbrti►, In
said Dade County, F10rtda,'tor a p8rlod of One yeti hext
bdvertlsemrhttt8fit Mfl8At1further Sayt5tthat the yhb5
neither paid nor 'promised arty petsbn, firm Or t0rp0r8-
tibh tiny diatount, rebate, tornmItslbn or 'refund for the
Iur ose of set ring this advertisement fof publleatiOh
n the said n _ paper. -
��•_/e`er �L' X
_ be el nle this
CI)
(SEAL)
My Commission exp
MR•51
21 st
.s'
• ark 'i .. eat Large
ter, ttP iiitkiVlt�`. '_
Abe CaUNYY,'vkaitibA `'
Ali ihterested will fake :Walk th:i on tax fai::. of a- : --: `-
MO City CoMMittiOn of Miertif,'Pli
tng titled OPdihBhce: -.
ORb1NANtk No."415
AN bRbINANCt= AMkNJbii4 ORbiNANCE NO 6871;tkt COMPRE. NSIVE:20NiNb ORDINANCE FOP the City
OP MIAMI, 6Y CHANGING THE 2bNINO CLASSI#ICATiON
OP Ott
Ors id, it; i6,AND 17, LES3 HE SOUTH I00 PEI 1
ANb Lot it LESS THE SGi tHE110, 100 PBlrt
THE EAST' 1).83S PEEt OF THE WESt.57.835 F ALL OP
BLOCK E, BISCAYNE PARKA' RRACE i2 , ING AP,
PROxIMAtl LY.21bb b0U'tH DIXi FOG A%;'FPrOM R,I
(ONE FAMILY) TO R.CA (RESIDENT L\t<SPFr tii•AN()
BY MAKING THE NECESSARY CHAN 'S`jN tH 4tONiNG
bIStp2Id- MAP, MADE A PART OPTAID.. NAtitt
NO. 68t1:' By REF' ERENCE ANb tit- Pti. r.
at111, SECTION 2 THl:12EOF. BYSi e I
bINANCES, CODE SECTIONS, OR +ALL
ONFLICT AND CONTAINING A 5E
SION.
RALPH G.
i Publication of this Notice onCLERK'
' the 21 day of De
CITY.
j12121
PALING - _
tHlt{ tt* 'IoV h
1.
tk
tDNINVo FACT 8t4EET
LOCATION/LEGAL• -,Approkitriately 2106 8.ou'th Dixie t4 ghway' •
LOTS 11;12j 13.,-14# 15316,17. and 18, LE85
THE SOUT 1 149..9, THEREOF: ALSO Tt4AT PORTION•
13LCtC1 t.'E", 13I8CAYNE PAI TERRACE (2=36),
OWN ER
APPLICANT/ •
DEVELOPER
ZONING
Soiitheast Profierties Inc&
100 Biscayne $otilevard South Phone: 577=4094
J. A. Valls
°.c Armando E. Lacasa, Esq.
953 Si W. 1st Street, Suite 3
R -1(Single Family Dwelling)
Phone: 324.1108
REQUEST Application for a Change of Zoning Classification from
R-1 (Single Family Dwelling) to R-CA (Residential Office).
EXPLANATION
I: ECOMMENDA TIONS
PLANNING
DEPAR TMENT
The applicant expresses his intention to develop this site
in the same manner as his office complex existing immediately
to the west.
DENIAL: The request change of zoning is not in accord
with the established land use policy of the officially adopted
Miami Comprehensive Neighborhood Plan as the subject property
is specifically identified as low density residential use. There
is no demonstration of good cause that renders this policy invalid.
The proposed zoning change does not demonstrate good cause
because:
The subject property shares a common boundary of
over 800 feet with R-1 single family residential zoning
while significantly less (only 184 feet) adjoins R-CA
districts.
2. There is no evidence that the subject site is innappropriate
for residential low density use. With access to an interior
low density' residential street and an average depth of 225
to allow generous setbacks from Dixie Highway, the subject
property is as well or better suited for residential use than
existing residential properties abutting Dixie Highway for
over 2 miles up to Rickenbacker Causeway,
D. C. TRAFFIC AND
TRANSPORTATION
ZONING
BOARD
COMivIUNITY
REACTION
CITY
COMMISSION
Moreover eat sting resideritiat usage abutting
bixie 4ighway is utiiforttity well Maintained
°wrier occupied homes in e:tce1tent condition;
hardly indicative of ekteriitating or intolerable
conditions,
L
3, The proposed rezoning to violates the
basis for porn fitting e fisting R tCA along ttde
l-lighway, naively that for those residential
properties whose only access is by US S. 1, a.
change to office use would be permitted. The
subject site does not meet this condition,
4, Violation of master plan land use policies in this
instance will set a dangerous precedent encouraging
identical petitions for the remaining residential
properties abutting Dixie I-Jighway. Since remaining
residential sites to the east along Natorria, WaKeeNa,
Nethia, Shore Drive West and Federal. Highway also
shares access to internal local residential streets
but have less depth than the subject property, they
would become prime candidates for extension of
office or commercial zoning if a breach of master
plan policies is permitted in this petition for a zoning
change, Such changes would clearly be a substantial
violation of the character, integrity and harmonious
living environment of the entire north Coconut Grove
neighborhood.
The Department of Traffic and Transportation has no
objection to the development of this site as per plan
showing a deceleration lane leading to the South Dixie
Highway entrance. The driveway into S.1Y. 22nd Avenue
north of Secoffee Street is acceptable- to this department.
Recommended Denial, September 26, 1977,; to a 4-2 vote.
Thirty-five area residents were present at the hearing
objecting to the change of zoning. Concern was expressed'
as to the impact upon the surrounding community, and
that the proposed development would not be in accord with the
Coconut' Grove Plan and the Miami Comprehensive Neighbor-
hood Plan which designated residential use -for the property.
Deferred at the request of the applicant, October 20, 1977.
PD 10/ 5/77
10/25/77
✓ 11/29/77
✓ 1/:5/78
• 1/25/78
✓ 2/24/78
r
befetted NoVetbet 10, 1577, for full Coiitmission
(1 n efnbef absent )
Motion to apply R-CA Zbning to the northerly pOrtioh
of lot 1148 less the South 149.9 feet.
APPA0VD pet previous motion on lst heading, January
24, 19.78 by a 3..2 vote.
DENED, per previous Potion on 2nd reading, Pebtuary
23, 19/8, by a 3 2 Mite.
Motion to apply R-CA zoning to the northerly portion
of the site, less the South 100 feet of lots 11-18,
February 23, 1978, by a 4-1 vote.
On consideration for ist reading of the above motion,
the City Commission took no action based Upon the
opinion of the Law Department and the pending
litigation concerning the subject property.
Approved on first reading November 9, 1978 the
rezoning to R-CA oflots11, 12, 13 less Stly
149.90 ft and lots 14, 15, 16 & 17 less S 100 ft.
and Lot 18 less S 100 ft. and less E 17.835 ft.
of the W 37.835 ft.; Block E Biscayne Park Terrace.
CITY t� i'itAr ii y.,f.NL.:PAR'i'CY1 T N[aRT!-11