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Home My WebLink AboutItem #08 - OrdinanceFROM.. e.11'4, tit- t•1IAM, t`LohtbA 1N' t R•bFFICE IYIMAOl7ANOLINII 1-lonbrable Members of the City Cornmission 1'. W. Andrews City Manager Background b1'fE: Sui?Jri:T: Itern 7 - City Commission Agenda SepteMber 4, 1975 REFe:RENC59: ENC.{_OSUF?F_S: By Motion 75-569 dated dune 12, 1975, the Planning tiepartment was directed by the City Commission to study and stthinit recommendations on the zoning treatment for property located at 2822 NW 22nd Avenue and surrounding properties. The Planning Department recommends against this zoning change as being an intrusion into a. residential area, and unneeded in terms of market demand. To award commercial zoning solely on the basis of proximity to Miami. International Airport would open this entire area to requests for zoning relief which would not be the best interest of the general public and the City of Miami. The zoning concept for this square mile area is simple and straight -forward. Commercial uses are confined to properties facing the major arterial streets: NW 36th Street, NW 27th Avenue and NW 17th Avenue. An industrial district occupies a belt between NW 20th Street and they Seaboard Railroad, from NW 17th Avenue to NW 27th Avenue, buffered by a commercial district between the Seaboard Railroad and NW 23rd Street. The interior of this square mile is zoned residential, except for a small C-2 District on the cast side of 22nd Avenue between NW 33rd Street and NW 34th Street (north of the subject site) and the C-1/C-4 district on both sides of 28th Street commencing west of NW 2lst Street and terminating east of NW 23rd Court (with which the application is concerned). Evaluation This zoning concept follows sound planning principles by confining commercial uses to the perimeter, saving residential uses on the interior from undue traffic intrusion and commercial impact. The commercial. establishments located on the periphery of the area are ample to serve the need = Of residents; and within a half -mile walking distance, The two small con n:ercial districts in the center of the area further augment Page 1 of 2 �3 Honorable Metnbers of the Fitt Conmfmlissiot, tonvetliet'nte needs of nearby residents, There is ho need to provide nlo?e comi%erc%a1 sites. The general structural condition of housing surrounding the subject property is generally sound and the neighborhood is well maintained. Redevelopment is not att indicated public action in this area. The subject property is 21 miles from the end of runway 91:./2711 (the northern= rnost east -west runway) at -Miami International Airport and the contention is made that overhead aircraft operations preclude the use of this property for residential purposes. In 1971, the MIA Compatibility Study evaluated the impact of noise from aircraft operations on the environs of Miarni International ,Airport and found that the subject property was within the Noise .Pxpostire Fore- cast '(NEB') 40 contour considered to have a severe impact on noise sensitive uses. However, subsequent studies have forecast that the subject property would be } mile east of the NEI' 40 contour by 1975 and 3/4 miles east of the NEE 40 contour by 1980. This improvement in sound levels would be achieved through steeper aircraft approach and departure angles, through sound suppres- sion devices on aircraft engines and new quieter equipment. In the future, the subject property will still lie within a discretionary area where, even under current federal Department of Housing and Urban Development (HUD) guidelines, residential development would be considered if, for example, sound insulation were to be incorporated into the construction. These TILTD guidelines for dis- cretionary areas are currently under intensive re-evaluation by the Dade County Department of Planning and will thereafter be the subject of discussions with the federal HUD for the purpose of ameliorating the guidelines. In short, noise impact will be less severe as time passes and therefore the developer is not precluded from developing his property according to the existing residential zoning (R-3). The applicant has the option of developing his southernmost lot 18 in C-4 uses, of developing adjacent lot 19 in transitional R -C uses, and of developing lot 20 in R-3 uses. The existing zoning as applied provides many alternatives and possibilities for reasonable utilization of the site. To grant C-4 zoning for lots 19 and 20 would intrude commercial uses into a well defined residential zoning district while facing properties to the east and west would still be R-3 and R-•2 zoning respectively. The Planning Department recommends denial of this petition for zoning as being an intrusion into a residential area, unneeded in, terms of market demand and'unsubstantiated merely by proximity to Miami International Airport. Page 2 of 2 Honorable City Commission Attentions Mr. P. N. And+-ms City of Miami. Florida to j, Ittriba May 21, 1975 re: CHANGE OP ZONING - scour ! N AD 2822 N. W. 22nd Avenue Lots 19 & 20, Block 3, GLEN HAVEN (6-78) Applicants Osvaldo Nunez Gentlemen: The Miami Zoning Board, at its meeting of May 13, 1975, Item #1, following an advertised Hearing, adopted Resolution No. ZB 59-75 by a 4 to 3 vote Recommending Change of Zoning Classification of Lots 19 & 20, Block 3, GLEN HAVEN (6-78) , at 2822 N. W. 22nd Avenue, from R-3 (Low Density Multiple) to C-4 (General Commercial). Twelve objections were received in the mail. An ORDINANCE to provide for this Change of Zoning has been prepared by the City Attorney's office and submitted for consideration of the City Commission. incere David Simpson, Jr., ,Lrector Department of Administration Planning and Zoning Boards cm Z. M. 19 Attached: Minutes cc: Law Department Planning Department NOTE: Planning Department recommendation: "DENIAL". Tentative City Commission date; June 12, 1975. MgA 6/3/7 h 16 17 18 19 20 21 22 23 24 25 26 27 and by making the necessary changes in the zoning district map 28 made a part of said Ordinance No. 6871 by reference and 29 description in Article III, Section 2 hereof, 30 Section 2, All laws or parts of laws in conflict 31 herewith be, and the same are hereby repealed insofar as they are in conflict, O INA fiC t Nb AN ORDINANCE AMENDING ORDINANCE NO. 6871 THE COMPREHENSIVE ZONING ORDINANCE PoR THE CITY OP MIAMI, BY CHANGING Tl3E ZONING CLASSIFICATION OP LOTS 15 and 20, Bt10CX 3, OLEN RAV`Et1 (6.48) LOCATED AT 2822 N.W. 22ND AVENUE, PROM k 3 (LOW DENSITY MULTIPLE) TO C�4 (GENERAL COMMERCIAL) , AND BY MAKING THt NECESSARY CANES IN THE ZONING DISTRICT MAP, MANE A PART OP THE SAID ORDINANCE E NO. 6871, By RtFERENZ E AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEAL/NO ALL OttbINANCES, CODE SECTIONS, 01 PARTS T1EltEOP IN CON PLtCT AND CONTAINING A SEVERABILITY PROVISION. 32 33 34 36 36 WHEREAS, the City of Mimi Zoning Board at its meeting of May 19, 1975, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 59-75 by a 4 to 3 vote recommend- ing change of zoning classification as hereinafter set forth; and WHEREAS, the Commission deems it advisable and in the best interest of the City of Miami and its inhabitants to amend said Ordinance as hereinafter set forth; NOW, THEREFORE, 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 Lots 19 and 20, Block 3, GLEN HAVEN (6-78) located at 2822 N.W. 22nd Avenue, from R-3 (Low Density Multiple) to C-4 (General Commercial) District, MAYOR 6 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 3. Should an t` part bt provision of this Ordinance be declare d 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 ONX this day O _ �. i 1975. PASSED AND ADOPTED ON SECOND AND rINAr. READING BY TITLE ONLY this day of r.__. _ �.._m ��:...� 1975. ATTEST: CITYCLERK PREPARED AND APPROVED BY: °`►�v►. t .---�: MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FOR AND CORRECTNESS: S LLOYD ty Attorney 2,