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Home My WebLink AboutITEM#1-17 & Flagler-PAB_5.21.08LEGISTAR FILE ID: 08-00395zc PLANNING FACT SHEET May 21, 2008 Item # 1 APPLICANT Pedro G. Hernandez, City Manager, on behalf of the City of Miami REQUEST/LOCATION Consider amending page No. 34, of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, schedule of district regulations, by changing the zoning classification from PR (Parks and Recreation) to C-1 (Restricted Commercial). LEGAL DESCRIPTION See supporting documentation PETITION An Ordinance of the Miami City Commission with attachment(s) amending page No. 34, of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from PR (Parks and Recreation) to C-1 (Restricted Commercial), for the properties located at approximately 1702 and 1714 West Flagler Street, Miami, Florida; making findings; containing a severability clause; and providing for an effective date. PLANNING RECOMMENDATION APPROVAL BACKGROUND AND ANALYSIS The proposed amendment is to change the zoning designation to C-1 (Restricted Commercial). PLANNING ADVISORY BOARD VOTE: CITY COMMISSION CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 5/12/2008 Page 1 ANALYSIS FOR ZONING CHANGE Approximately 1702 and 1714 West Flagler Street File ID 08-00395zc REQUEST The proposal is for a change to page No. 34, of the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from PR "Parks and Recreation" to C-1 "Restricted Commercial" (A complete legal description is on file at the Hearing Boards Office). DISCUSSION The subject area consists of two properties located at the southwestern corner of the intersection of SW 17th Avenue and West Flagler Street. The site is currently designated PR "Parks and Recreation" for the properties facing West Flagler Street; surrounding the subject site, to the West the designation is Restricted Commercial and to the East the designation is SD-14 "Latin Quarter Commercial -Residential" . The subject site is in the Little Havana NET area. ANALYSIS The Planning Department is recommending APPROVAL of the request based on the following findings: • It is found that the subject parcels are surrounded on the east and west by an established commercial area interrupted only by the PR designation on the subject properties. • It is found that the designation at the Future Land Use Map of the Miami Comprehensive Neighborhood Plan for the subject properties is Restricted Commercial • It is found that the requested change will correct a discrepancy on the designations at the Zoning Atlas of the Ordinance 11000, and the Future Land Use Map of the Miami Comprehensive Neighborhood Plan and it is also found that the change represent an scriveners error that needs to be corrected. • The proposed change of the designation back to commercial will allow the subject properties to continue commercial uses and commercial development. These findings support the position that the Zoning designation at this location should be changed. 1 co / FLAGLER TER \ -R=37 \\\\\ SD�12 > \\\\\\ CO 0 150 300 ZONING ATLAS MAP 600 Feet 111111111 SW FLAGLER TER ADDRESS: 1702 1714 W Flagler St c /FLAGLER TER W H co FUTURE LAND USE MAP •U•L-X RE,I�N I NW 1ST ST SW 18TH AVE -• J =I� MEDIUM I z MULTIF -RESIDE 1 ENSITY MILY NTIAL— W FLAGLER ST SW A gT SW 17TH CT SW 3RD ST 1- U 2 SW 17 AVE NW 1ST ST SW FLAGLER TER RESTIIC7EID COMMERCIAL SWi2N D ST 0 150 300 600 Feet 1 1 1 1 1 1 1 1 1 SW 3RD ST NW 16TH AVE SW 16TH AVE ADDRESS: 1702 1714 W Flagler St 0 150 300 600 Feet 111111111 ADDRESS: 1702 1714 W Flagler St City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00395zc Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM PR "PARKS AND RECREATION" TO C-1 "RESTRICTED COMMERCIAL", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1702 AND 1714 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on May 21, 2008, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-) vote, recommending - of Zoning Change as 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. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from PR (Parks and Recreation) to C-1 (Restricted Commercial), for the properties located at approximately 1702 and 1714 West Flagler Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 2. It is 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 value in the adjacent area; (I) will not be a deterrent to the improvement or development of adjacent property in accord with existing regulations; and City of Miami Page 1 of 2 Printed On: 5/13/2008 File Number: 08-00395zc (m) will not constitute a grant of special privilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No. 34 of the Zoning Atlas, made a part of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by reference and description in said Ordinance, is amended to reflect the changes made necessary by this Amendment. Section 4. 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 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c). {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE 0 BRU CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 Printed On: 5/13/2008 EXHIBIT "A" Legal Description Not including the Florida Department of Transportation (FDOT) right-of-way (ROW) for West Flagler Street, at the north of lots 1, 2, 3, and 4. All of that portion of Lot 1 LESS the East 39 feet thereof; all of that portion of Lot 2 lying Northerly of the North right-of-way line of Southwest First Street and LESS the external area of a 5.0 foot radius curve concave to the Northwest, being tangent to a line 39 feet West of the East line of said Lot I and tangent to a line 42.50 feet Northerly of the center line of Southwest First Street, Miami Dade County, Florida, all being in Block I of IDLEWILD PARK according to the Plat thereof, recorded in Plat Book 2, at Page 87 of the Public Records of Miami - Dade County, Florida, together with improvements thereon. AND A portion of Lots 3 and 4; in Block I, of IDLEWILD PARK, according to the plat thereof, recorded in Plat Book 2, at Page 87, of the Public Records of Miami - Dade County, Florida. Commencing at a point on the north line of said Lot 4, 5 feet East of the Northwest corner of said Lot 4 run Southwardly along a line 5 feet East of and parallel to the West line of said Lot 4 for a distance of 168.533 feet to a point; thence deflecting 98° 46' 20" to the left, run Eastwardly a distance of97.792 feet more or Tess to a point on the East line of said Lot 3; thence run North for a distance of 150.164 feet to the Northeast corner of said Lot 3; thence run Westwardly along the North line of said Lots 3 and 4 for a distance of96.162 feet more or Tess to a point 5 feet East of the Northwest corner of said Lot 4, said point being the point of beginning. A/K/A 1714 — 1728 w Flagler Street, Miami, Florida 33135