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Home My WebLink AboutM-78-0154MLA:bk 1/27/78 • ORDINANCE NO, AN ORDINANCE AMEnnING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR TIDE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 11, 12, 13, 14, 15, 16, 17 AND 18, LESS THE SOUTH 149.9' THEREOF; ALSO THAT PORTION ABUTTING THE NORTH BOUNDARY LINE OF SAID LOT 11, BLOCK "E", BISCAYNE PARK TERRACE (2-36), BEING ,APPROXIMATELY 2100 SOUTH DME HIGHWAY, FROM R=1 (ONE FAMILY) TO R-CA (RESIDENTIAL OFFICE); ANI) BY MAKING THE NECESSARY CHANGES IN THE ZONING D thTRICT MAP, MADE A PART OP THE, 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 CONTAINING A SEVERABILITY PRO- VISION. 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 recommending denial for change of zoning classification as hereinafter set forth; and f�� WHEREAS, notwithstanding the recommending 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 04-1,4• oedetVele -Aver/04e 7, /J7 of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "DOCUMENT ,1NDEX C 'r eh r, Section I. Ordinance No. 6871, the T ITEM ��e�z Ctre--ing Ordinance for the City of Miami be, and the same is hereby amended by changing the zoning classification of Lots'4I1, 12, 13, 14, 15, 16, 17, and 18, less the South 149.9' thereof; also that portion abutting the North boundary line of said Lot 11,Block "E", Biscayne Park Terrace (2-36), being approximately 2100 South Dixie Highway, from R-1 (One Family) to R-CA (Residential Office); and by making the necessary changes in the zoning district map, made%a part of the said Ordinance No. 6871, by reference and descriptiokh in Article III, Section 2 thereof. \. Section 2. That all laws or parts of laws in con ict herewith be, and the same are hereby repealed insofar as they are in conflict. jkli%Pw4;g4,4J fxzers-oe'' 1 Section 3. Should any patt ot ptovision of this Ordinance be declared by a court of competent jurisdiction to be inVal di the same shall not affect the validity of the ordinance s a whole. P 8SE0 ON FIRST READING BY TITLE ONLY this 24th day of JANUARY , 1978. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE day of , 1978. ONLY this ATTEST: CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON ASSISTANT CITY ATTORNEY APPROV D AS TO FORM AND CORRECTNESS: -41,4111r. GEo'GE . KNOX, J CITY dORNEY M A Y O R Nv - 2 - a ZONING FACT SHEET LOCATION/LEGAL A)iproximately 2100 South Dixie Highway LOTS 11, 12, 13, 14, 15, 16, 1'7, and 18, LESS THE SOUTH 149.91 THEREOF': ALSO THAT PORTION BLOCK "E", BISCAYNE PARK TERRACE (2.36). OWNER Southeast Properties Inca 100 I3iscayne Boulevard South APPLICANT/ DEVELOPER J. A. V al l s flrf Armando E. Lacasa, Esq. 953 S. W. 1st Street, Suite 3 ZONING R =1 (Single p'amily Dwelling) Phone: 577-4094 Phone: 324-1108 R EQU EST Application for a Change of Zoning Classification from R-i (Single Family Dwelling; to R-CA (Residential Office). EXPLANATION RECOMMENDATIONS PLANNING DEPARTMENT 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: 1. 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 COM 1UNITY REACTION CITY COMMISSION Moreover, existing residential usage abutting Dixie Highway is uniformly well maintained owner occupied hornes in excellent condition, hardly indicative of extenuating or intolerable conditions, 3. The proposed rezoning to R=CA violates the basis for permitting existing R=CA along Dixie Highway: namely that for those residential properties whose only access is by U. 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 Highway. Since remaining residential sites to the east along Natoma, WaheeNa, Nethia. Shore Drive \Vest 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. W. 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. Deferred November 10, 1977, for full Cofiniission (1 inetnber absent). CITY COMMISSICN Motion to apply- R=CA Zoning to the northerly portion of lot 11.18 less the South 149,9 feet. APPROVED on 1st Reading, January 24, 1978 by a 3=2 vote. PD 10/5/77 10/25/77/ r 11 /5/i8 r 1/25/78 El CO)EJ 0 BISCAYNE PARK TERR 2100 S. DIXIE HWY ED D tiD CITY 1JF: MIAMI PLANNING IDEPARTMIINT 1:1 112 • • NORTH •