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HomeMy WebLinkAboutM-78-080911/28/78 s ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE PEC RIGHT-OF-WAY BETWEEN APPROXIMATELY N , E , 42ND AND THEO, 52ND STREETS, BEING WESTERLY 12,5' OF PROPOSED LOTS 1 THRU 26 LESS SOUTHERLY + 105' OF LOT 26, TENTATIVE PLAT NO. 1018 = NORTH-BUENA VISTA COMMERCIAL SITES, FROM R-1 (ONE FAMILY) BETWEEN APPROXIMATELY NE 42ND STREET AND 48TH TERRACE; R=3 (LOW DENSITY MULTIPLE) BETWEEN APPROXIMATELY N.E, 48TH TERRACE AND THEO, 50TH TERRACE; AND R-4 (MEDIUM DENSITY MULTIPLE) BETWEEN APPROXIMATELY N.E. 50TH TERRACE AND THEO, 52ND STREET to C-1 (LOCAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF 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 PROVISION; WHEREAS, the Miami Zoning Board at its meeting of November 6, 1978, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 189-78 by a 7 to 0 vote recommending denial for change of zoning classification as hereinafter set forth; 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 MAIMI, FLORIDA "DOCUMENTj INDEX 1'T'Cb p�� rr Section 1. Ordinance No. 687'fie Zoning Ordinance for the City of Miami be, and the same is hereby amended by changing the zoning classification of the FEC right-of-way between approximately N.E. 42nd and theo. 52nd Streets, being westerly 12,5'. of proposed Lots 1 through 26 less southerly + 105' of Lot 26, Tentative Flat No. 1018 - NORTH BUENA VISTA COMMERCIAL SITES, from R-1 (One Family) between approximately N,E 42nd Street -and 48th Terrace and theo, 50th Terrace, and R.4 (Medium tensity Multiple) between apprdttimately NA, 50th Terrace and then, 52hd Street to C.1 (Local Commercial); and by malting the necessary changes in the zoning district trap, made a part of the said Ordinance No. 6871, by reference and desctipton it Article III, Section 2 thereof. Section 2. That all laws or parts of laws in conflict herewith be, and the satne are hereby repealed insofar as they are in conflict; 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 14 O t DECEtr1BER 1978. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14 day of DECEMBER 1978: day MAURICE A. FERRE MAYOR ATTEST: CITY CLERK PREPARED AND APPROVED BY: /''/,;t.. G. MIRIAM MART ASSISTANT CITY ATTORNEY AP ,VED AS TO FORM AND CORRECTNESS. EO F, KNOX, JR, CIATTORNEY` 20Nlt JP CT...gfttET LOCATION/tt AL PI:bride East Coast RailWa? Cox , rictht6f wa bets, een apprax. N. E. 42nd and thee. N. t. 52nd Street. The W'1y 12.S' of proposed Lots 1 thru 25 iess the S' ly 105' of Lot 25;Ted tatiVe Plat #1018- "NoRTN BUENA VISTA COMMERCIAL 81rt S" . OWNtR/APPLICANT/ DEVt tOPt R Florida tact Coast Railway Co. c/o Rorer J. Barreto, Assis. Vice President 1055 E. 21st Street, Hialeah, 33013 Ph: 887-4388 tt-1 (One Family Dwelling) , R--3 (Low Density Multiple Dwelling) and R-4 (?Medium Density Multiple. Dwelling) Application for a Change of Zoning Classification as follows: From R-1 between approx. N. E. 42nd Street and 48th Terr. From R-3 between approx N. E. 48th Terr and then, N. E. 50th Terra From R-4 between approx. theo.N. E. 50th Terr. and then. N. E. 52nd Street To C-1. (Local Commercial) E.,PLANATION 12.5' of the proposed lots have Residential Zoning. This rezoning will make them uniform. ZONING REQUEST Ri COMENDATIONS PLANNING DEPARTMENT ZONING BOARD APPROVAL. The rezoning of a 12.5 foot strip of this land from R-1, R-3 and R-4 to C-1 is consistant with the Comprehensive Neighborhood Plan and will not have a detrimental affect on adjacent properties. The existing railroad tracks create a "natural" barrier between the residential and the commercial properties. Since this 12.5 foot strip is located immediately to the East of these tracks and away from the residential area, the "natural" boundary is being preserved. Deferred to let' the applicant consider changing his applica- tion to,a conditional use permit for parking. Recommeded Denial, November.6, 1978 J]) FLORIDA EAST CAST PAILWA? 'O, BETWEEN N.E.. 42 a N.E. 52 STREETS F1-3 [•1. _..Ttai .( i 5T4.1 _ M •1 5T N E • ... ST • E. 4S ST ST ME AST. et •4 i t • ,52 .SI a alt D BAY__ _ A. rT,. \� 4440 /. IW ®O " v ift o ® e wamati° ! yl 0 'AE F ,� ., St ® 1 f let 4:4 `' #44 11'4 • wEUtEUCIL SA aAL 1` P,eDP FD g , G,/t/%4/ 4 ,e* -/ ot lor oar Or a 1111 841 atilt or