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HomeMy WebLinkAboutM-76-00042 3 4 6 7 9 10 11 12 13 14 13 17 10 19 20 21 22 23 25 26 27 26 29 30 31 32 33 34 35 36 MEA 12/17/75 )INA AN ORDINANC'. THE COMPREHENSIVE ZC. CITY OF MIAMI, 13Y CHAN CLASSIFICATI©N Of tT HEIGHT !T'.'O P thiLY) TO C-4 (GENERAL COMMERCIAL) , AND BY MAKING Till: NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART Of THE SAID ORDINANCE No. (0471. BY REFERENCE AND DESCRIPTION IN AKTICLI. III, SECTION 2 THEREOF; BY REPEALING ALL Okl)INANCIS, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, 'i"ht. City of Ma.itn1 Zun1n(i Iiu.ir,f, it its Meet a n,; t,f Bert mb.,r 1, 1975, I tt m %0. 4, fr>1 1cw i n_z ,ito .advert i s' d !it'.*I I i'i i , . s 1 ut ion %o. 174-7) by .i 7 to 0 vot'• ruconum ndin: dE Dial for c,_ a •, ioniny classification set forth; and WHEREAS, the City Commission, notwithstanding the recommendation Of :Joni i1 t!if i;t,rlln, 13o,ird, .ift. r careful Cons 1dt rat 1 ! )i aivi5.ii.14' i•: tAlt^ t]est- in,t. i ii iii.'I:ir• of t!1< Cit}" ,>f Miami an, its ;;1habiti ts tU "Ir:i!it ,! t' iiil;t' in zoni;1L classification as ht'rt.iniftcr st.t forth; NOW, TIIERI'FORE, 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 Lot 4, Block 5, KIRKI.AND HEIGHTS AMD (3-214), being 129 S.W. 36th Court, from R-2 (Two Family) to C-4 (General Commercial) District, and by making the necessary changes in the zoning district map made a part of Ordinance No. 6871 by reference and description in Article III, section 2 thereof. Section 2. That all laws or parts of law con- flict herewith, be and the same are hereby they are in conflict. '14 \O.* 144 ‘.11 sof as 1 3 3 4 46 tap SO 7 8 10 11 12 • 13 14 1S 16 17 18 19 20 21 22 23 3' 2S 24 27 20 29 30 3/ 32 33 34 35 36 4 Section 3. Should any part or pr221gualagimmommomemmm. Ordinance be d etvnt juri • el hall not affpot the v1idity of thc Ordinance as a whole. day of 10010.* TITLE ONLY this PASSED ON FIRST READING BY T1TLL oNLY this 1 (4 7 .14w. sormarov. PASSLD AND AD(WTFD (,% FCND AND FINAL P1:ADIN6 BY Lc, 1 • 197fi. ATTEST: PREPARED AND APPROVED BY: MICHEL E. ANDERSON ASSISTANT CITY ATTORNEv APPROVED AS TO FORM AND CORRECTNESS: Jan k. LLOYD CITY ATTORNEY MAYOR 1 a of Honorable City Commission Attention: Mr. P. W. Andrews City of Miami, Florida e c.nwsoz or zoning -Rom Gentlemen: 129 S. M. 36th Court Lot 4, Block St KIRKI.AND HEIGHTS AMD (3-214) Applicant: Dorothy May Deane D611jAk The Miami Poninv Board at its meeting of December 1, 197S, Item *4, followinn an advertised Hearing. adopted Resolution no. ZR 174-7S by a 7 to 0 vote recommending DENIAL, of petition for Change of Zoning Classification of Lot 4. Block S, KIRKLAND HEIGHTS AMID (3-214). being 129 S. W. 36th Court from R-2 (Two ramify) to C-4 (General Commercial). one objection was received in the mail. An GRIDINAKE to provide for this Change of Zoning has been prepared by the City Attorneys office and submitted for consideration of the City Commission. cm Z. M. 33 Attached: Minutes -_cc: Law Department nninq Department arming Department Tents Si cerely. rt A. Davis, Acting Director Department of Administration Planning and Zoning bards recommendation: "DENIAL". y Commission date: January 8. 1976. . • a 4 r 4, 1,� 1'd: , ;t;ii" ,'iRtii (i '14) 1,11t,1e, •,+t t'i.t•ts i t irat ion c,t .jt,t•,v,' -2 ('two t•',t141.1.'► to t'-1 trIwmertl I r ;.0(..t 'c,,r filet pro, 0. t,'tt:t tcationo: ;.r(ta1 'loth-,, ,,r t'f'arLnq C. .:ons testif',.InA at thl''• ttr.1rlt;t• .,nd , . q;`c ) )I,w, i \L ryhinr:r c tan:Y jrr rt t'_2 to _ 4 "r "lntort.ial .. r'itsrtir,n,,1 zoning for R-' , ,'inrt!rlr r • ` , :;.iblor..t lot would permit develotomont + tr•� r it.•: now Pxists in the immediate ,area. t r : • a i it* �.,n,�l ' -4 zoning in this location could t , i .t rli' ` the existing development character~ , : ,c+=nt t'- thr ;1.11ect property which consists of low ...t ... �+ c t i -s, and institutional uses. '1 r : 't , "!r . ;)ooney? 'tr. . l requested change of zoning is somewhat an : sir iliarities which we discussed earlier with reiar'1 to t'-' ;titer tank. ':he ”rn-+ert: a!-Its1!-Its the City of Coral fables, is zoned R-2 and is a .I j .,cent to the *..o properties colored in green which are now a oarkin-t 1rrt we hr1 e\r' to be associated with the Wesley Methodist Thurch iireotly icross the street. ;5•.•-,vend- ar ae , from the standpoint of policy, we find that the app1 i at ic- n here acl ii n i ; unwarranted. We do have sizeable amount of underdeveloped nro.)orty in the neighborhood and in the adjacent area which is c'.zrrt•'nt lv zoned for commercial purposes and heretofore has le not been thoroughly used. Moreover, the C-4 classification would permit certain deleterious uses or uses which we find would be noxious to the area and to its neighbors in the Coral tables section. I;ecausc the property adjoins a C-4 lot, there is available tranritional use zoning to R-CA or R-3. In both cases, we would find this to :x- most compatible and would recommend, on the grounds that i navfw :)rozrnted to you this evening, that the application be denied. 'Ir. Campbell: :lr. Chairman? Mr. ;jean: 'tr. C*mpbell, you're coning quite regularly now... yr. Campbell: oh yes: In this particular case, a survey of our records finds that there's no sanitary sewers available in the area. Because of the fact that this could be used for any number of purposes aside from the single family use that - or the duplex use such as is in there now - this might possibly cause a problem. There's no sanitary sewer plan in that area forapproximately five years, and it will come with the next bond issue, hopeully. At this point. it would be necessary for anyone -to developed anything in there of a commercial or a multi -fancily nature other than R-2. they would have to develop ,t 3rnitary fore. main to tie into a 30 pup station or a sanitary sewer some distance away. Mr. Deans Thank you, sir. Alright Wan? Please state your name and address for the records. As. Deane: Dorothy Deane, 132 R. M. 36th Aveuus. I'm a little confu'oi at this point. Th0 whole block is coned C-4 and we were the -le- gout 1, 1973 Item 64 ol'test :ar',: r rt;• m..'n,,r:• tin that block. ;'Art of our lot is still C-4. ,ar col''. t 1,-Anin , let, not t. ,, parinl 1st, but on the other side. were 'r,•1r-'' 1 and we can't be s i ni!e we were there longer than an.: nr` , i c in ' t n !e r - stanl why you didn't !.ell the other people that they needed the ,;ewE'rr; or wh,ttfr'c'r. I don't uniErsttan1 that. tr. ')tan: •tr. . oonney? ;r. ;)oonthy: :•1r. chairman, I'm unable to re:;rnn-' to why thin particular piece of property was sortel out. However, it appears that the toning line t.as not whereby the church and the abutting uses which face each other in .align -lent -- apart from that, I don't have ,any idea. This line was e3tablished many years sego, probably when the 1161 Zoning Ordinance went in. 'tr. !)csart: 'Sr. ,'i inb 11? I think the lady spoke to 'sewers'. :r. Caritri,r? ; : Yec, she : i i. I think the problem comes in in that 'oral cal h•i.. o ;tablighed sanitary ;ewers in that area whereas; the City of 'ti.ir.: has not yet put sanitary sewers in the area. 'thin may be t:le :)rc; .1e;; In that the church which is located on Block 1, the area in !.o1 an i whatever area is included within the City of Coral r;.1:,1c.; , .lots; :,a:'e sanitary sower,, but that (included) in Miami does not in. *.r t;;� best of knowledge, people within the City of Miami--- t„i:s l ,.: + a little strange, possibly --but you're right on the f r, :.:r on the border lino. People who are in the City, to :I.; -)nnect into the Coral fables sowago system,. flnw if you tvirsued this with the City of Coral lc. I lon' t understand about the ai joininn lot. th.1t W't' on • i:. ;1: s,t _.. :.':at' n in the City of Miami. 30 an 11 . .;hh i cti lot in that? 5 and 6? . . 7?an(•: i can't tell you the number, I can't see it. •tr. 1)avi:,; If T may clear up or clarify this situation a little bit for the applicant --I !lope I can, --the applicant owns both Lot 4, which i:; shown in yellow, an•i Lot 6, which is directly above it. has common ownership of both these lots and her property is 'rtlit zoninn'. She found this out when she went to the Building !)part- mont 1 ,relieve, or a renter, is this correct? went to the Building Lepart...<.nt perhaps you could tell what happened on this, how you determined this, how you found this out. Ms. Deane: well my father sold the adjoining lot and the gentleman obtained this zoning in 'sixty something -or -other, I don't know what year it was... Mr. Davis: '61. It came trough automatically, Wan. Ms. uean4: It did? Mr. Davis: Yes, M'am. is. !Manes Well all k w is that es own part of the lot. we didn't sell the whole lot so it's n t de' ral le as a Pius:lox. There is a ear repair shop on that l., �► t . .:. .... ; )1 4 the front par. f. • x . ... t srvnership of the rear nart •if :.. 7,0,. -19- December 1, 197S item 44 Portion of this l t,± , Out! ill 1 r. : i 1 yr r•l.1 n: sold riff a t,c,rtion of th 4 '1ireot1`r ,:.:Semi the site? =1 it. lE+;tier", 1r. .)A$$ , ••• i.xc;lsc' the way I read this legal, they north 22 ft. of Lot 6 and they retained the... 1r. iavis: They sold ofC a portion of Lot 6, that is correct. Ir. Silverman: They Hold off the north part and they retained thn south nar'. of Lot 6. t don't think she mom all of Lot 6. Mr. bavi , : No, +.'.ie off e portion of l.rt 6 her portion of Lot 6 plus all of property, or split zonin,' on doesn't own all of Lot 6. They did sell ownership is the southerly or the easterly Lot 4. There's split ownership on the the property. :•ir. :van: A1riq'1t, Mr. Gott? '•1r. r,c,rt : .•,'t 71k the applicant a question. to you have anything in min-3 1,, i n i t ? . •.•nu walkk because as a transitional zoning, 1•ou can ry t. in - oninr: now. Ms. . F_•<i:io : "r . A1'.' i : -- construction of a two-- • r, Ms. ;Deane: well .Y :jai like to get an much as t :an. :ir. Mavis; with low density. t! 3t would Dertr:it. �r r ••r; ::tir • `. the lady? Ms. Dean: ;,;,• ! 1 'G;• 1 f ! Mr. r*vi:; : '!r. _'ri. p + 11 : 'z . _:,airman' c'an : ,r . zz^nae 11: ry>>ld n'rrit the That.'Thao.'H 4n autl,matic zoning on it, Tam, already. :r. .:ar:nuell: ':-a': I add something here. In the event that tnl ; .gore zor;ed tr) anotrz�•r zoning, R-3, -1A, C-3A -- whatever the other Bonin-:s aro that mould apply here -- it would still be necessary to extend a sanitary force main to the existing sanitary sewers. Now I can't, offhand, say how far that is but right now, as it stands, I doubt that under the EPA rulings, etc.. you can get a permit to construct more than a single family or duplex apartment or unit on this particular niece of property. pis. Deans I don't think anyone would want to live there. Has anyone gone nut and looked at the property? mr. lean: Yes M' aa. Ns. :Deane: would you want to live next to an auto repair shop? I wouldn't. I really wouldn't live them. 1r. pan: Alright, anything else you have to say? !Is. Deane: No sir, not at this ties. . -20- c 1l7S item 414 a. 1r '1r. oeans Alright, is anyone in oppositiO o thin spin icationt There heinq none, we' 11 close the public hearing :1 have discussion among Board Member Being no discussion, Cha is read, for A mntinh... Mr. sort: Mr. Davis, let me ask y p question. ;!hen th i n applicant c.•xmn to you, did you explain to er the traveitinn.11 The main thinrl it, t don't think nhe understan4s truly what the tr,,nnitional use is, what she can do with it, like an office builriine, et Mr. Davis: This wag discussed, Mr. Cort. Zoning is dif f ic.11 to understand and I can understand the confusion on the part of the applicant in this situation. I do understand (she told me her story) she had it up for sale. The buyer found out it was zoned R-2 and this is why nhe came to me. She thought it had been zoned commercial. Wean: Alright, Chair is still ready for a motion. Let's see whn's /oincr to he the nice young lady or the nice man... 1r. Silverman: 'Ir. Chairman? "r. +tan: Ir. Silverman? :;i lvernan: I hate t , be the 'hatchet man' but as i understand it, this property can be used for transitional zoning which means you can build an office building on it, the way it is right now. You could not put an auto repair place in there as is in the C-4 next door but you could build an office, or you could use it for residential purposes. I think you have a reasonable use of your property or tf you sell it, t`io purchaser would have a reasonable use of the property. Therefore, I would have to move to deny the change to C-4. I -econd it. 1r. Jean: '.lri ht, yo 've 'ward the motion by "'r. Silverman, 'ern'r i "1 ;. giro. ether discussion? Being none, call the roll. r. ; •i `...' motion it to recommend denial to the City rF, ,� • : ^n .,.,^ recrylvo: in t ♦ Mr. :' z lv., r. •.,n n f fere'? the following resolution and ►vt►o its •nr4opt 1.OI1: 4E50'I.UTION NO. Zil-174-75 :'.ESQLUTIU+I TO RECOMMEND DENIAL OF PETITION rC R CHA?CF. OF ZONING CLASSIFICATION Or LOT 4, BLOCK 5, KIRKLAND REIrwTS AMD (3-214). i3 T'7G 124 r. W. 36T11 COURT, FROM R-2 (Two F:1M I LY) TO C-4 (RI-::ERAL COMMERCIAL). ':pon being seconded by ,Mrs. Baro, this resolution was passed and adopted by the following vote: AYES: Messrs. Silverman, Johnson, sort, Alfonso. Dean. Vines. Basil*, Oaro. jl' NAYS: None. • Mr. nowt: I wish you'd qo ahead and talk to Mr. Davis and he'll explain to you the transitional use, that you can have the R-CA and others, and if you want to sell it, you pan tell the other person then that instead ct S-2, it could be R-CJ1. Out qo to hiss and he oan explain it to you and you'll be ibis to explain it to a purchaser. -21- O ember 1, 1l7$ ties i4