HomeMy WebLinkAboutM-78-080911/28/78
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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
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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
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