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HomeMy WebLinkAboutO-08335MiA/§ 10/24//4 '4 OCT. 4 6 7 8 10 11 12 13 I PP 3 5? ORDINANCE No. AN ORDINANCE AMENDING ORDINANCE NO 6871, THE.COMFREHENSIVE ZONING ORDINANCE FOR THE CITY or MIAMI EY CHANGING THE ZONING CLAssIPICATION FOR THE W48. ' OF LOTS /7 AND 78, HARDEN HEIGHTS 2ND SECTION (9=37) LOCATED AT 671 N.W. /7TH.STREET, FROM R-2 (TWO FAMILY) TO C=4 (GENERAL COMMERCIAL) AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE. A PART" OF THE SAID ORDINANCE NO. 68710 EY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORbINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A. SEVERABILITY PROVISION. 14 WHEREAS, the City of Miami Zoning Board, at its. 15 Meeting of October 21, 1974, Item 41, following an advertised 16 hearing, adopted Resolution ZB 159-74 by a 6 to 0 vote (one, 17 member absent), recommending a change of zoning classification 18 as hereinafter set forth; and 19 WHEREAS, it is deemed advisable in the best 20. interest of the general welfare of the City of Miami and its 21 22 23 24 25 26 27 28 29 30 31 '32 33 34 35 36- inhabitants to grant a change in zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION.' OF THE CITY OF MIAMI, FLORIDA: Section 1. That 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 the W48.5of Lots 77 and 78, MARDEN HEIGHTS 2ND SECTION (9-37), located at 671 N.W. 77th Street, from R-2 (Two Family) to C-4 (General Commercial) and by making the necessary changes in the zoning district trap made a part of Ordinance No, 6871 by reference and description in Article III, Section 2 thereof,. 4 6 10 11 14 15 16 17 18 19 20 21 26: 27 28 29 30 31 32 33 34 35 30 tedtion 2. That all tags of darts of lads in conflict Herewith, be and the same are hereby repealed insofar as they are in corfliot. Section 3. If any Section,sentence, clause, phrase, or word . of this ordinance is for' any reason held or declared to be unconstitutional, inoperative, or void, .such holding or invalidity shall not affect the remaining portions of this ordinance, 'and it shall be, construed to have been the intent of the Commission of the.City of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative part therein and the remainder of the ordinance, after the exclusion of such part or parts, shall be deemed and held to be valid as if such parts had not been included therein. PASSED ON FIRST READING BY TITLE ONLY this 7th day of November , 1974 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 2nd day of December , 1974. //nil C MAYOR ATTEST : PREPARED AND APPROVED BY: 44 a O. a MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: J0uN S . LLOYD C.ty Attorney 6/1._fiOts 7th Gtreet 5' W48tOf ,c3tS 77 And /8 ; MAItiOtN i ltltN4 tC'rioN C8 1 3 Change of . tbhing Ciassi Fidatiah 8f abarie property frettt 1'2 (No i atriiiy) to C-4 (deheral. Coll terdial) . NO ; item # 1 de ferre i froth 5ohini hoard Meeting Of 9/21/74 . 8eeretary filed proof of publi ation of Lertal.. Notice of grating, and administered oath to all persons testifying at this heating, PLANNING bt:t'Alrt't1tt4T l.t;CoMMr:Wt)A'r1oti : "MINIM," Adequate cnmmerc:iall.y toned Landox1 tM within prootimity to the subject property, The, expansion of commercially toned land in proximity to low den:tity residential .ley ►el.op- ment, is unwarranted. Mr. Simpson: Mr. Chairman, you will recall till. WAS deferred at the last Meeting, for the purpose of submitting a proposed tslati for the property, tciecthrbr with t7 roport frost, the Model city Itearcl. You have copies of the i+eport in fruttt of you, and there has been a plan submitted. Mr. Dean: A11 right, will you :wear In a11 of. these wishing to testify. All right, Starr? Mr. McLean: The Planning Department's recommendation has not changed, it is still for denial, feeling that thorn.. in ,'.ir.?e lithe commercially zoned land in the vicinity of the property, arul that this would be an intrusti.on into the residential area. Mr. lean: 7111: right, Mr. Turner. Mr. Turner: Mr. Chan n 'n, my name is Harris Turner, my address ..��, 2.5 ,+:;. F.tcacrStreet, I 'R the attorney for Mr. Po''t: ;f: n and l:rle } ttavid;on of ?dia.mi , Inc., the npp.l i.r{-int in this case. Pursuant to the Ward's :"t1'm£t1, lon, .we ntt?t: with the model City pt;opic, :4r. Chairman, we met with the Model. City l:xecut.iv,, Hoard, ,end we rr'cei. vrul unanimous consent f .q.►. this application. Wn mot: at the site, with thr7oning Committee, DI th' Model City's Ilou^i net and Physical I nvi ronmrnt Transportation 'Task Force. All of the mr.frtbers of the Zoni ttu ('otnmittee moot at the sitwith Air.. Peterson and myself, and we hid an in-depth discussion of the problem, lit tt of the solutions available. And, we . received the unanimous consent of the Zoning +...+mmi t:tee, and the Task Force. We also inet with t:hr' Modol. City's Administration 'ioar,.l, and we L'tr''Ce;i'Cd their unanimous c ;tr:r'nt.., also, Mr.. Chairman. I have a site pl. a.it , and 1 : have can!' prepared here, showing how we propose to prete► t they nei at►1 ors with our five-foot tai_gh reek wal : and the ' tjr'ir`;sy brea. The gt:o' ;i oro.;:i-hatch mark repro►:_rnt::3 the gra:,:" ;' area, which will be protecting the .neiunthor on the east. Mrs. 13,-ts L1a: Is that wall 'lore, too, back in here:.' On both sides? Mr. Turner; Thn red ling represents the concrete wall. As you know, this :;trin, ttr. Chairman, is only a very small strip, it's forty -night feet wide. And, I toe% the trouhl o to have a sample n'a:le' of t:he Sits?of the Zoning Atlas, .uid I can show you, T have circled led On this Zeni ne M. l as tjy different spots, where this same type o1' zoning en the corner is, and goes ground the corner, where the zoning goes around the etorr er to ac eomntrtdat e the corner location. Mr. Davis can put that ►. r , he can show you, ,Mast in tbitt shall area, ,-tlt:,ne, tills same thing is done'a tnifi.neum of nine: tile';s, You can sTh th'v:,o, it's just infnrrn-ltiof. 50, thiss is not 1:1I1 .l;rrusual type of zoning where it goes into the October 7, 1974.Itcm # 1 mar, around the neighborhood, Also, Mr, chairman # t eohferred with the 'Staff, and oh 'this strip it will be physidally impossible to build a bdiic1ing up and to the edge, beau of the tjarking .retttiifei'nehts, ne there's he =- absoiute1y he worry of eventually a bilildihe would be ectehded ih the area. There is he possible Way that you could build a building. in this site, and *nett the packing irectuireIii hts. Or, extend the present building to this site: lir . the toard has any questions; I Will be happy to answer them. Mr. bean: All right, that concludes your presentation. All right, those in. opposition. Mr. Trowbridge:.. I'm Mr. Trowbridge, ,and I oval the property adjacent to this, the property to the east. I half! contested this ih the pasta And. I find the wall acceptable. Tha ik you. Mr. Dean: Sir? Your name and address for the Record. Mr. Trowbridge 655 N: w. 77th Street. My name is Loren Trowbridge. Mr.: bean: Now, would you restate what you stated? Mr. Trowbridge: I have •- you know, protested this at the last meeting, and I find that with the wall, it is acceptable. I am in favor of this change of zoning. Mrs. Basila: You are directly behine,this, sir? You are 17 and 18? 4r. Trowbridge: Yes, ma'am, I am,- it's a little confusing. I actually am to the east. Mr. Turner: These lots were subdivided the wrong way, different than what they were platted, this is where this problem arises. Mrs. Basilan Where is your entrance? On 77th Street, or. on Mr. Trowbridge: On 77th Street. This in my property. (Discussion) Mr. Turner: I have another picture here, I can show you. Mrs. Dasi1a: I. asked that, because I couldn't tellfrom the sketch, where the entrance to the driveway is. Mr. Dean: All right, anyone else in opposition? Isthere anyone else in opposition? All right, there being none, we will revert back to you for a few minutes, Mr. Turner. Mr. Turner:. Mr. Chairman, there's nothing l can add, except the one thing is that the I:ecot'u ondation of the Staff was that " there was . adequate commercial land i is the area. However, it's unfortunate. that there's no adequate conum rcin1. land to rvice my client. He's. been established in the area quilo a long length of time, and I don't know whether you're aware of it, but has been in here for a long time, and he has worked with the area► ► and washes to remain there. This is .the only problem hP has, that he doesn't have adequate parking at the present time. Mr. Dean; A11 right, thank you 'eery rnttt:h, we will close the public. hearing portion, anti haw' cii.Scus3icin among I3oard Members. Are you for? Or, against? Weil, come right up mere to the mike, and state your name and address for the Record, Ma. Thomas: My name in Mery Len Thom,, I live at 651 N. W. 77th Street. And what l don't understand is, he said they don't have adequare pa hi-ng o aeees, What does title mean? How would he be able tg, sooner .21, 1974 Item #1 comet, around the heighbofihood. Also, Mt. Thaitthah, t oohferred With the Ataff, and gin this strip it will be physically impossible to build a building tij and to the edge, bei ause of the ' barking rectuirelpent_s, so therein nO = ebaoluteiy hob worry of eventually a building would be eitended ih the►tea. thetd is no possible Way that you could build a building ih this site, and meet the: parking • tec)tiireMents. Or, extend the present building to this site. If the board has any questions, t will be happy to answer them. Mr. bean: All right,: that cohcludes.your presentation. All right, those in opposition. Mt. Trowbridge: I' m . Mr. Trowbridge, and 1 own the property adjacent to this, the property to the east. t hav± contested this in the past. And 1 find the wall acceptable. Thank you. Mr. Dean: Sir? Your name and addry s for the Hew rd. Mr. Trowbridge: 655 W. W. 77th Street. My name is Loren Trowbridge. Mr. bean: Now, would you restate what you stated? Mr. Trowbridge: I have - you know, protested this at the last meeting, and I find that with the wall, it is acceptable. I am in favor of this change of zoning. Mrs. Basila: You are directly behine this, sir? You are 17 and 18? Mr. Trowbridge: Yes,, ma'am, I am - it's a little confusing. I actually am to the east. Mr. Turner These lots were subdivided the wrong way, different than what they were platted, this is where this problem arises. Mrs. Basila: Where is your. entrance? On 77th Street, or. on Mr. Trowbridge: On 77th Street. This is my property. (Discussion) Mr. Turner I have another picture here, I can show you. Mrs.•Basila: I asked that, because I couldn't tell from the sketch, where the entrance to the driveway is. Mr. Dean: A11 right, anyone else in opposition? Is there. anyone else in opposition? All right, there being none, we will revert back to you for a . few minutes, Mr. Turner. Mr. Turner: Mr. Chairman, there's nothing I can add, except the one thing is that the reccarhm ondation of the Staff was that there was: adequate commercial land in (119 wren. However, it's unfortunate that there's no adequate commercial land to .Service my client. He's been established in the area quite a long length of time, and I don't know whether you're aware of it, but has been in here for a long time,. and he has worked with the area, and wishes to remain there, This is the only problem he has, that he doesn't have adequate parking at the present time.. Mr. Dean: All right, thank you very mvt.h, we willclose the public hearing portion, and have di.ncut3lion among Board Members. Are you for? Or, against:? Well, come right up here to the mike, and state your name and addre" for the Records' Ms, Thomas; My name in Mary 14en Thpnui';, I live at 651 N, W. 77th ► tr'eet. And what I don't tmndfirstand in, he said they don't have adequare parking spaces. What dct'•s this mean? How would he be able e3m oetoher 21 1974 Item #1 staitnd the heighboihood. AlsO, M1~s dhaitmant t eetifeftedWith the Staff, acid oh this strip it will be physically itfipossible to build a building up ahc1 th5 the edge, because of the Parking i`etttiitehehts, so there's hb ebsblutely.po worry of eventually a building would be octohcled its the area. There is he possible Way that you could build a building it this site, and meet the parking itequiretttetits. Or, extend the present building to this site. If the 116at~d hes any. c#uestiona, 1 Will be happy to answer there. Mt. bean: All: right, that concludes your presentatiOh. All tight, those ih opposition. Mr. Trowbridge: I'm Mr. Trowbridge, and i own the property adjacent to this, the property to the east. I hav,l contested this in the past. And I find the wall acceptable. Thank you. Mr. Dean: Sir? Your new andaddressfor the . Record. Mr. Trowbridge: 655.N. W. 77th Street. My name is Loren Trowbridge. Mr. DeanL Now, would you restate what you stated? Mr. Trowbridge: I have - you, know, protested this at the last meeting, and I find that with the wall, it is acceptable. I am in favor of this change of zoning. Mrs. Basila: You arc direet.lybehine this, sir? You are 17 and 18?. Mr. Trowbridge: Yes, ma'am, I am - it's a little confusing, i actually am to the east. Mr. Turner: These lot:; were sub'livided the wrong way, different than what they were platted, thin is where this problem arises. Mrs. Basile::Where is your entrance? On 77th Street, or. on Mr. Trowbridge: On 77th Street. This in my property. (Discussion) Mr. Turner: I have another picture here, I can show you. Mrs. Basile: I asked that, because I couldn't tell from the sketch, where tho entrance to the driveway is. Mr. Dean: All right, anyone else in: opposition? Is there anyone else in opposition? A,11 right, there being none, we will revert back to you for a few minef.es► fir.. Turner. Mr. Turner:, Mr. Chairman, there's nothing I can add, except the one thing is that the rerecieotrdation of the Staff was that there was adequate commercial land i it the are:n. However, it's unfortunate that there's no adequate commercial land to Service my client. He's. been established in the erea quite long length of time, and I don't know whether you're aware of it, lout has been in here for a long time, and he has worked with the area, and wishes to remain there. This is the only prob 1 rent he has, that he doesn't have adequate parking at the present time. Mr. Dean; A11 right, thank you very moil, we will close the public hearing portion, and haw: iii.acusiton among board Members. Are you for? Or, against? won, come "right up here to the mike, and state your name and adtireng for the Record, Ms, Thpmas: My name in Mary ogee Thomas, I live at 651. N, W, 77th Street. And what I don't un=1e rstaed 1s, he said they don't have adeguare parking spaces, What 1n'.s this mcwrin? How would he be able ,3T October 21,. 1974 to obtain adequate parking spade, because t live right ► glow this particular area whore he's taj.kitiq about: What does it Mean that Mr. beat: Are you talking about the'stateieht that Mr. 'rather Wade abort staff Ms. Thomas: Might. Mr, Dean: Mr. Turner? Mr. Turner: Mrs. Thomas, all this means is, that we will be. able to use the. Vacant lot, to park cars oh. You are awareof the vacant lot Ms. Thomas: flight, And, yes, I'm the second lot from there. Mr. Turner: Yes, ma'am. It won't affect you at. all. Ms. Thomas: That's all I wanted to know, I wanted it explained to me. Thank you. Mr. Turner: Thank you. Mr. Dean: All right, now, we will close the public hearing, and have discussion among Board Members. There being none, then, the Chair is ready for a motion. Mr, Silverman? Mr. Silverman: Mr. Chairman. I move it. Mrs. Basila: I second. Mr. Dean: Moved for approial by Mr. Silverman, seconded by Mrs. Basila. Under discussion? ;here being none, call the roll. Mr. Simpson: Mr. Chairman, prior to taking the vote on this, there are, although you can't attach .any conditions to this, it has, been stated for the Record, that this will be developed into a parking lot. And, all parking lots must meet the landscape, paving, draining, plus the new lighting ordinance. So, I want to inject that into the Record. So, Mr. Turner can take this back to his client. Unfortunately, the plan itself is not detailed enough for the purposes of issuing a building permit, so these other details must be placed into the plan, before the permit is issued. Mr. Turner: Mr. Chairman. We are well aware of all of the requirements. And, we will lock this parking lot at night, so there will be no need to meet the lighting requirements. There are excep- tions to some of these specifications, which Mr. Simpson has laid. out, I'm sure he's aware of these, himself. Mr. Dean: All right. tdr. Simpson: The motion on Item #1 is to recommend. No objectionswere received in the mail, (Continued. on Next Page) October 21, 1974 Item #1 tl. Mf: 8i1Verfaf �fferedthe foilctwimq regdfd McVed it§ adoption: AtSOUT1oN No ► 2ht150,t1 RtSO ,UPlo1 To AtCOMMt✓Nb Ci1ANdt oP 2oNtNd CLA88iPiCAfiio1 bt W 48.51 OP Lot8 77 AND 7g MAMbtN littc)N!5 2ND Ste Iot4 (9-17) , Am 611 N . w. 77TH STAVE 'ItoM P.— (tt4o FAMILY) to C-4 (c;BNrltAL COMMPI tAL) Upon being seconded by Mrs. Aasila, this resolution was passed and adopted by the following vote AYES: _ Messrs. Alfonso, Gort, Silverman, Dean. Mmes. 13asila, Callahan.' NAY8S: None. ASSCNT: Reverend Johnson. Mr. Simpson: Unanimous,. Mr. Turner: Thank you, Mr. chairman. PCtober 7I, 1974 Item #I Mrs Siletfdh offered, tote' fii116Win to§iitiUioh, aid moved itN dOptiOn t t $bLU'ribN _No.1_. ¢i ,, Rt tOLUTION TO RtCoMMi NO ClANdt .OP 2ON1Nd CLA5y81 'I {ATiONof W 4A.'S' OP L 11 77Amp 1A, MARbt;N IlG1dHTS 2NO St;CT ION ( /) i AT 611 N. csfi. 75tti STRt utt. PROM Rt2 . (TWO tAAM1tt..Y) To C-4 ((lt-OAAL COMMFmCIAL),. Upoh being seconded by Mrs. t3asila ► this resolution. Was passed and adopted by the foliowinq vote: AYES: Messrs. Alfonso, Gort;. Silverman, hean., Mmes. t3asila,Callahan. NAYt;S : None. ABSCNT:' Reverend Johnson. Mr. Simpson: Unanimous. Mr., Turner: Thank you, Mr. Chairman. Nonbrable City Commission Attention: . Mr, P. W. Andrews City of Miami, Florida Odt6ber 21, 19,4 Re: CHANGE OF ZONING - RECOMMENDED 671 N W. 77th Street W48.5' of tots 77 & '78, HARDEN HEIGHTS 2ND SECTION (9-37 ) Applicant: Harley-Davidson of Miami Gentlemen: The Miami Zoning Board, at its meeting of October 21, 1974, Item 41, following an advertised Hearing, adopted Resolution No. Z8 159-74 by a 6 to 0 vote (one member absent) Recommending Change of Zoning Classification of W48.5' of Lots, 77 & 78, MARDEN HEIGHTS 2ND SECTION (9-37), located at 671 N.W. 77th Street, from R-2 (Two Family) to C-4 (General Commercial). No objections were received in the mail. An ORDINANCE'to provide for this Change of Zoninghas been prepared by the City Attorney's office and submitted for consideration of the City Commission. Sincere y, 4 David Simpson,'Tr., DLector Department of Administration Planning and Zoning Boards cm Z. M. 10 Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: Tentative City Commission date: November "DENIAL". 1974. 1 Ott iJActnhc r 21 ijot Lbrtir►g District C_las'sificati'trr Change Request on trar lrly'tl.iv i :' : 5n Tirope'ty 'to Model City ,\dntihistering Doird Dr. C. A. tlnrd, Chai rn 1 I ltodel City dousing; i =►y;ic�° end 'r6h Oortatioh "1'otik rorc,: 5UF3JECT Please be advisedthat the Znnint! Cort'f`�tteel�`rof lc�c•iyr,.l`t.ing Phtr+.coal Cnvi ronmcnt, and . Transportation Task y in. c,Ie.;t ir)r► ►�+ presently the above referenced request. iiu: 'propert1 and the owner Wishes to 1;',1v' O Ic lossified zoned R-2, duplex use,re u�•'9t at.IeJ'1►ie'St;t1tL'll t y . he'. ur purpose tor' suLh 'il t i to C` 1, heavy GCrtit!►t. t'C I'a 1 . i ,t ( } ,� 1 � owner. 1'. He indicated by .the L.itYyerl Hr, Harris Turner, r r4 r scr► l,i n, the that it would be used primarily for.custuwer o f-:,troctprlrkrng vliu!te none .end at Owes for minor 'adjustmeflis on motor- . pt•rsent.ly thereHis , five feet of cycles. A five foot high wall ~Mould be installed. Also, • tilaintained landscaping would.be placed between the wall and the adjoin- ing property. • The' property in question .is located on ti. We' 77th Street adjacent to _ the'rear.of the tlarlerDavi,dson business. After consideration:of the • issues, each member of the Zoning ta,rr�►ittee expressed his approval Mrs. Adel 1 besides myself Were Mr. +:�ilptI Reynolds, the rA c11 Dillard, lard, and t 1r. . Present at theCharlr.te: Turner. It was the general consensusnsensus f of the group that the requested .'crichangconf uldict be'anwith eextension zanoiig n existing commercial district that does notin the surrounding:area. MIAM1 REVIEW ANB BARN MORE,: P0,11/ e l body 'efcemit gold Joy, §uhId 01,1 Legol liohiloy3 . Alirnitif bdcle Piofttio §fiAfii? of fi btitbA COUNtY of bAbir • betore the uhdeftlined authOftty OittoHally 80- 6eared Martha brobnle, who an bath_ sayy3 that ah6 13 the,. V.P., Light Ads bf the Miami ReVIeW and Daily Record, a daily (except Saturday, Sunday end - Legal . Holidays) hewspaper, published at Miarnl In Dade County, Florida; that the attached bogy of edger tiserrient, being a Legal Advertisement or Notice In • the matter of City of I'4iaiiti, F'1o1ida Re: ottbtNANCE No. 8335 In the XXX Coutt, was published In said newspaper In the Issues Of beceinbe ' 6, 1974 Aftiant further says that the said Miami Review and Daily Record Is e newspaper published at Miami, In said Dade County, Florida. and that the said news- paper has heretofore been continuously published to said Dade County. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class trail matter at the post office In Miami.' In said Dade County. Florida, fora period of one year next preceding the first publication of the attached copyhas neither paidtnor npanyhpersoon. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. • Sworn t0 eais of Deco*E3 eit ilk UUAitt ttAtik C'ttt7,-N Vs t~t.t)tttiiA, i.r•:t).►t. �ftfitr�. A11 inietnetrcii�iil.°take. hnttae abet 'dithe 2hd day ot_b«!ty:tnbet, 1974 tit" Cbttttnif't'inh nT "the 4'It3 oI Morn',Fiot•Irin nilnpteri "Litt otdtnun( Ontitiw1 AV_ OftOii4ANdi: Ali i 5: Ititt oRbt ANtiF NO., (ISM THE C!)Mtt'REItENStVE IONIN� ortbiANOn FOR THE 'CITY C,It•' MtAItI, RV C1tANOINO THE , LONtNG CLASSW CATtON von WC4,.:i OF LOTS 77 AND 7',• ,l1ARDtN • HEIOHTS 'IND F.ECTU» f i- ) LOCA F.D AT t,7 t N.t1': i,TII STREET. FROM ' It=2 (TWO) FAMILY) TO C•4' . i 1ENEttAL COM• - MERCIAL)' ANDR? �IAK• ING • THE NECESSARY . CI1ANarS IN THE ZONINf . DISTRICT "MAti,MADE ' A PART OP THE' SAID ORDI-_ NANCt NO.• 6S71, 131 • RF.F• ERENCE AND • bt;sCRlr- ' TION ': IN ARTICLE III; SECTION '2- THEREOF: 13Y REPEALINU ALL ORbl- - orn: sEcTioNs.-' OR 10ES.FARTS TIIEREO1 IN CONFLICT: AND CONTAIN- 1Nr A SEVERAB11.1TV . 3'R01.1SION. • • 1004h if 410.1gtintol Of!tinnni" N.. 11: SD..SOUTHERN t'ity Cl«•tk , env O} M1AM1.-, • F1-C':RIDA I uhlh:cU. n i1f this nM.tl(.' On thr ,;ai !;,� . f D.y,ttilr•t, 1974. 111 LECAI, NOTIC , All interested will take notice that on this 2nd clay of Dec erher, 1914 the Cominissiott Of:the City of Uiataii Florida adopted an ordinance entitled =° AN:ORDINANCE lftENDINO ORDINANCE E NO.. 6811, T i3 COiiFI'.EttENSIVE ZONING ORDINANCE FOi2 TilI CITY O1' i•IIAMI, BY CHANCING, '2tIE ZONIN CLASSIFICATION 1'OR THE 1148.5' Or LOTS 77 1 tib 78, 1,1;;iDEN TIEIGIITS. 2.ND SECTION (9-37) LOC2\TLD 2\T 671 7 7Tit STREET,. FROM R-2 t O_4 M R.CIE,L) ('(TWO FFAMILY)'i O C� r _CENEPAL C ( AND BY MAXI= THE NEC.CSSARY CILANGE S I T THE ZONING DI'STR.ICT i•tAP, M\DE A PART OE THE SAID OEDINt CE NO.. 6811, _ 3Y REFERENCE AND DESCP.IPTION IN •`ARTICLE III,. SECTION 2 THEREOF: 13Y REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS 'THEREOF, IN CONFLICT:. AND COIVtAINING A SEVERABILITY PROVISION. which is designated Ordinance No.8335. H.D. SOUTHERN CITE CLERK CITY OF NIAt1I, FLORIDA' 12 13 MEA/s 1 b/24/ 4 OCt .11 Ps, 3 57 ORDINANCE NO. 8115�......�_ AN ORDINANCE AMENDING ORDINANCE NO, 6871,, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI) BY, CHANGING THE EONING CLA88IFIG:ATION FOR THE W48,51 OF LO'Y'8 77 AND 78, MA1tDEN HEIGHTS 2ND SECTION (9-17) LOCATED AT 671 N.N. 77TH BTREET,`FROM 12 (TWO FAMILY) TO C-4 (GENERAL COMMERCIAL) AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF !rt E SAID ORDINANCE N0..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. 14 WHEREAS, the City of Miami Zoning. Board, at its 15 meeting of October 21, 1974, Item #1, following an advertised 16 hearing, adopted Resolution ZB 159-74 by a 6 to 0 vote (one 17 member absent), recommending a change of zoning classification 18 as hereinafter set forth; and 19 WHEREAS, it is deemed advisable in the best 20 interest of the general welfare, of the City of Miami and its 21 inhabitants to grant, a change in zoning classification as 22 hereinafter set forth; 23 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 24 OF THE CITY OF MIAMI, FLORIDA: 25 Section 1. That Ordinance No. 6871, the 26 Comprehensive Zoning Ordinance for the City of Miami be, and 27 the same is hereby amended, by changing the zoning classification. 28 of the W48.5' of Lots 77 and 78, MARDEN HEIGHTS 2ND SECTION 29 (9-37), located at 671 N.W. 77th Street, from R-2 (Two Family) 30 to C-4 (General Commercial); and by making the necessary 31 changes in the zoning district map made a part of Ordinance 32 No, 6871 by reference and description in Article III, Section 2 33 thereof, 34 35 36 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 MtAlg � I A Y 16/24/74 '14 OCT 41 P�' 3 : 5 ? ORDINANCE NO. ._83.35 AN ORDINANCE AMENDING ORDINANCE N0. 6871, THE C:oMPREHENSIVE ZONINo ORDINANCE FOR THE CITY OP MIAMI, B ` CHANGING THE ZONING CLASSIFICATION POR THE t48.5 ` OF LOTS 77 AND 78, MARDEN HEICHTS 2ND SECTION (9-37) LOCATED AT.671 N.W. 77TH STREET, FROM R-2 (TWo 1'AMILf) TO C-4 (GENERAL COMMERCIAL) AND EY MAILING 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 City of Miami Zoning Board, at its meeting of October 21, 1974, Item 41, following an advertised hearing, adopted Resolution ZB 159-74 by a 6 to 0 vote (one member absent), recommending a change of zoning classification as hereinafter set forth; and WHEREAS, it is deemed advisable in the best interest of the general welfare of the City of Miami and its inhabitants to grant a change in zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That 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 the W48.5' of Lots 77 and 78, MARDEN HEIGHTS 2ND SECTION (9-37), located at 671 N.W. 77th Street, from R-2 (Two Family) to C-4 (General Commercial); and by making the necessary changes in the zoning district map made a part of Ordinance No. 6671 by reference and description in Article III, Section 2 thereof, 1 11. a1 2 3 4 s 6 7 9 fib it 12 13 14 15 16, 17. • 18 19 20 21 22 23' 24 25 . 26 27 28 - 29 30 31 32 33 34 35 36 Seetioh :. That all lawn of pacts' iif laws' in donfliet'helewith, be and the bathe ate hereby repeated insofar as they are in conflidts Sectiofi 3, if any section, sentence, clause, hraor word of this o y reason held or p se, rd finance is for an declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the intent of the Commission of the City of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative parttherein and the remainder of theordinance, after the exclusion of such part or parts, shall be deemed and held to be valid as if such parts had not been included therein. PASSED. ON FIRST READING BY TITLE ONLY this 7th day of November , 1974. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 2nd day of December , 1974. PREPARED AND APPROVED BY: ` CL V N(1.y 'A' v MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FORK AND CORRECTNESS: furl 1 ' ,IOHN S, LLOYD U O icy Attorney 7th stir edt W. of Lots, 77 and 8:. MA1ttjt t3 t1ttditT4 20 st CT1ot3 (0s17) : Change of tbning C1 issif datieh of atic3'Ve property f it..2 MI6 Pai'ni1y1 to G-4 (denel~a1 rtotnntetdial), is NOTE! item 47 defetrel f.totn toning ntiard Meetih0 of 9%21%/4 5eOretary filed proof ot publication of Legal Notice of nearing, and administered oath to all t,er.:r+ns testifying at this heating, t?L7 t4W1t1c; 'APARTMENT rtlr.tNTr ta:cottMr:tJt A'rlot : "t')r`N ittl," Adequate cohmter.txi.ally toned land- .Erist:s t�tit.l in proximity to the subject property. The r~xpansion of commercially zoned land in prokitni.ty to low.dett:sity residential develop- ment is unwarranted. Mt. Simpson:Me. chairman, yott wi] 1 recall this: was deferred at the last meeting, for t.he purpose of. submi.tti.ng .a proposed plan for the property, toiyr(her with a report fl ott the Model City Hoard. You have copies of thtwdeport in front of you, and there has been a plan submitted. Mr. Dean: A11 right, will you :swear in all of those wishing to testify. All right, Serf r' '1r. McLean: The Planning Department's recommendation has not changed, it is still for denial, t'c•elincl that there in ,zriec,t;-ttc commercially zoned land in the vicinity of the property, anr1that this would be an intrnsti.on i.nLo the residential area. Mr. i)ean: All right, '9r. Turner. i`il". Turner: M1. Chair:tlt at,, sty name .is tla.tric Turner, my address ?.s; 25 WeAt 1 1.rttt)er. Street, I'm ihe attorney for Mr. Pet•.er:,c:n and Harley- Davidson of 14iami , Inc., the, fppl i,rtant in this case. Pursuant to the Hoard's :'•t•tcroRt:ion, W(t mot with t:t't" ??iodt.I1 City people, mc'. Chairman, we met: with the ttodel. t:i.ty Executive Board, and we received i n inimous consent this application. We met at the site, with the Zoning Committee, Df t',tc, Model City's Mousing and Physical I'•t1viron;ttrnt Transportation Task Force. All of the nrmat:ers of the Zorrittu oo mtittee mot at the site with Mr. Peterson on and myself, and we hci'l .an in-depth discussion of the problem, . and of the solutions available. And, we received the unanimous content of the Zoning e ommi t:t:ee , and the Task Force. We also met with thn Model City's Administration Board, and we recaived their unanimous cun!1r'nL, also, Mr. Chairman. 3 have a site plan. and .1. have one prepared here, showing hov' we propose to protect they nei:cllIht.r:; with our five-foot high reek wal and the grassy rhea. The gr_o!m or'o' `-hatch mark represents the gr.asi.• area, which will be protecting the neighbor on the east. Mrs, Mafia: Is that t'rtl.l hero, too, back in here'' On both sides? Mr. Turner: The red lino represents the concrete wall. As you know, this :rt:rin, mr. chairman, is only a v' &y small strip, it's Carty -eight feet wide. And, I took the trouble tr, have a sample made of the site of tlie unnittg Atlas, ,and .I can show you, 1 have circled on this Zonine Atlas the different spots, where this same type of zoning on the corner- is, and goon around the corner, where the zoning goes around they i'ov wr to accommodate the corner l.ocrlti.on, Mr. Davis can put that, up, he can show you. atis t in thin small area, alone, this same . thi.flf4 . is done a inini.mum of nine ti.ms, You can se-t, thIue, it's just information, Saar thin is not an uttuknial typo g f zoning where it goes into rate r2- October 7, 1.974 ltcrn J1.. Srlei arotihd the neighborhood. A1s8, Mr. Chairman; t conferred with the gtaif,and on this §temp it Will be physioaliy imiogsible to build a building Up and to the edge, beau of the iyai•king retfuirefiehts, SO there's he) absoiutely ho worry Of eventually a building would be extended in the area. There is no possible way that you oouid build a building ih this site, and meet the parking requirements. or, extend the present building to this site: If the board has any questions, t will be happy to answer. them.. Mr. bean: All.right, that concludes your presentation.: All right, those in opposition. • Mr. Trowbridge: I',m Mr, Trowbridge, and I own the 'property adjacent to this, the property to the east. I hate contested this in the past. And t find the w,t11.acceptable. Thank you. Mr. Dean: Sir? . Your name and address for the Record. Mr, Trowbridge: 655 N. w. 77th. Street. My name is Loren• Trowbridge. Mr. bean: Wow, would yOit restate what you stated? Mr. Trowbridge I`have you know, protested this at the last meeting, and I find that with the wall, it is acceptable. I am in favor of this change of zoning. Mrs. Basile: You are directly behine this, sir? You are 17 and 18? Mr. Trowbridge: Yes, ma'am, I am - it's a little confusing. I actually am to the east. - Mr. Turner:. These lots were subdivided the wrong way, different than what they were platted, this is where this problem arises. Mrs. Basila: Where is your entrance? On 77th Street, or. on Mr. Trowbridge: On 77th Street. This is my property. (Discussion) Mr. Turner: I have another picture here, I can show you. Mrs. Basile: I asked that, because I couldn't tell from the sketch, where the entrance to thedriveway is. Mr. Dean: All right, anyone else in opposition? Is there anyone else in opposition? A1.1 .right, there being none, we will revertback to you for a few ►ninu!:es, Mr. Turner. Mr. Turner: Mr. Chairman, there's nothing I can add, except the one thing i.s that the recommendation of the Staff was that there was adequate commercial land in t h'' area. However, it's unfortunate that there's no ,adequate conmiercitJland to 5.ervice my client. He's been established in the area quite a long length of time, and I. don't knew whether you're aware of it, but has been in here for a long time, and he has worked with the area, and wishes to remain there. This is the only problem he has, that he doesn't have adequate parking at the present time. Mr, Dean; A11 right, thank you very touch, we willclose the public hearing portion, noel have discusitnn among Board Members, Are you for? Or, ,against? Weil, come right up here to the mike, and state your name and address for the Record, Ms, Thomas: My name in Ma.ry l,ee Thpmas, I live at '651 N. W. 77th ; treet. And what 1 don't understand in, he said they don't have adeguare parking spaces, What d n' s this mean? Bow would he he able th obtain adequate parking Spade, bdCaudt r live tight below this paTtietttar &tea wh4re !se' talkihl ahotit. What does it man that . Mr. beats: Are you talking Made about staff Ms. Thomas: Right. Mr. bean: Mr. Turner' Mr. Turner: Mrs. Thomas, all this means is, that we will be able .to use the Vacant lot, to park cars on. You are aware.of the vacant lot Ms. Thomas: height. And, yes, I`m the second lot from there, Mr. Turner: Yes, ma am. It won't affect you at all. Ms, Thomas:. That's all z wanted to know, to me. Thank you. Mr. Turner: Thank you. about the etatetient that M I wanted it explained Mr. bean: All right, now, we will, close the public hearing, and have discussion among Board Menders. There being none, then, the Chair is ready for a motion. Mr. Silverman? Mr. Silverman: Mr. Chairman. I move it. Mrs. Basila: I second. Mr, Dean: Moved for approial by Mr. Silverman, seconded by Mrs. Basila. Under discussion? ~here being none, call the roll. Mr. Simpson: Mr. Chairman, prior to taking the vote on this, there are, although you can't attach .any conditions to this, it has been stated for the Record, that this will be developed into a parkinu lot. And, all parking lots must meet the landscape, paving, draining, plus the new lighting ordinance. so, I want to inject that into the Record. So, Mr. Turner can take this back to his client. Unfortunately, the plan itself is not detailed enough for the purposes of issuing a building permit, so these other details must be placed into the plan, before the permit is issued. Mr. Turner: Mr. Chairman. We are well aware of all of the requirements. And, we will lock this parking lot at night, so there will be no need to meet the lighting requirements. There are excep- tions to some of these specifications, which Mr. Simpson has laid out, I'm sure he's aware of these, himself. Mr. Dean:. All right. Mr. Simpson: The motion on Item #1 is to recommend. No objections were received in the mail. (Continued on Next Page) IQtober 21, 1974 Item # 1 Mfg gilvei^fnah Offdted the fo1 1aWing fe§ol 1tioh, M c toVed itg adoption: fttSbLU1,hN.irfi0._ ; = i : 7 4. fttti: �itION TO ftt;COMMtNO CHANdt OP rt�oi it d ' Ci;A551 'iCAtfON OP W 4 A. J' OP Lot8 / 1 AWh 7A, M .RIANAEtCIT5 214b 8tCttON (9� 1) , AT .611 N. W. 7/Tfi STRf~.fiT; 1:ftOM- R= (TWO PAMtLY) TO C-4 (rt;N1:RAL COMMERCIAL).. .. 'Upon being sedonded by Mrs. Rasilai this resolution 'Was passed and adopted by the following vote AVM Avies8rs. Alfonso, Corti Siivertnari, bean. Mmes. i3asila, Callahan. NAYS5: None. Af3SCNT: Reverend Johnson. Mr. Simpson: Unanimous. Mr. Turner:, Thank you, Mr. Chairman. Honorable City CbhMission Attention: Mr. P. W. Andrews City of Miami, Florida Gentlemen: Re: CHANGE OP ZONING = RECOMMENDED 671 N. W. 77th Street W48.56, of Lots 77 & 78, MA RDEN'HEIGHTS 2ND SECTION (9-37) Applicant: Harley-Davidson of Miami, The MiaMi Zoning Board, at its meeting of October 21, 1974, Item #1, following an advertised Hearing, adopted Resolution No. ZB 159-74 by a 6 to 0 vote (one member absent) Recommending Change of Zoning Classification of W48.5' of Lots 77 & 78, HARDEN HEIGHTS 2ND SECTION (9-37), located at 671 N.W. 77th Street, from R-2 (Two Family) to C-4 (General Commercial) No 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 forconsideration of the City Commission. Sincere David Simpson, ' Tr. ,. Di.iector,. Department of Administration Planning and Zoning Boards cm Z. M. 10 Attached: Minutes cc':' Law Department NOTE Planning Department recommendation: "DENIAL". Tentative City Commission date: November 7, 1974.' tc r•C 1?.F Model tits Administering. Eirfard A. tltl t11.{, tt U t`i t. A: ttaYd,: Chaff rr'i?rt itode l City Housing, i his i co1 and. Transpbrtation Fort SUBJECT ,1t 9� bCtd�be r 2 ► 141 • � i Zfi toning bi§trict Classificatit;sl v ,�, ':Change {�i!Yjut'.St on IiAY'1Cy' ,i Props,-ty Please be advised that the Z nirrt Comt,i ttee of iht• •Iirlusincj, Physiical Lrtvi tontnent, and Transbortatlon T:,sh (~d'Jr c.c met today at the site of the aboVc referenced request. - Ilrc' property in que:51 ion i . presently toned R-2, duplex use, and the ,Ownor- wishes to hivr! i t' reclris5 i f ied to (;_I1, heavy GCx1n11erClal. iilt!. purpose lot' s:uLh a r+•ejut!5t was 1,It!5l!fitt`-t by the Lawyer, Mr. Ilcir•rls Tumor, i.epteberltir,tl tltc!.uwner,, lie intticnied, that it would be used pr'imari ly for customer .ut f-:,treerparking where presently there As none, and in t,nots for minor, adjustments on motor- cycles., A five foot high wall would be installed. Also, five feet of maintained landscaping would be placed between the wall and the adjoin- ing property. The property in question' is located on II: W. 77th Street adjacent to the rear of the dnrley-Davidson business. After consideration of: the Issues, each member of the ton ii q Cm 1ttce'.ex;lres5e:d his Opt -oval ,of the request. Present at the 5 i 1.,. besides myself were lra 1 ph Reynolds, Mrs. Adell Dillard, and tlr. Charlrn, lurner. It was the general consensus of the group that the requested '.:cninJ chance would be an' extension. of an existing commercial .district that does not conflict with current zoning in the surrounding area:. MIAMI REVIEW. AhNB BMW tit Edo ft Pub" tt&d bdiij tepi 5btuidtiy, 5rus My acid Lod Halides' Al)iriiitii bade dowdy, `!oiid8 ttA1t C04 4tbRibA CoUNW, CP bAbE: betcl•e the Uhdersighed huthOPihy persaiiatly ar. Peeled Martha brobrtie, Who Oa bath says that the s the V.P., Legal Ads Of the' MIAMI . RevieW end Daily Record, a daily .(except Saturday, . Sunday end Legal ,.Holidays), hewspeper, published 'at Miami In Dade County, Florida; that the attached copy bf adver- tisement. being a Legal, Advertisement or Notice in the matter of • CitV . of Miami! Florida Re: ORbINA'NCE ISO. 8335 in the X tX Court, was published In said newspaper in the Issues of December 6, 1974 Afflant further says that the said Miami Review and Daily Record Is a newspaper published at Miami. in said Dade County. Florida. and that the said news- paper has heretofore been continuously published In said Dade County. Florida, each day (except Saturday, Sunday. and Legal Holidays) and has been entered as second class mall matter et the post office In Miami. In said Dade County. Florida fora period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that she has neither paid nor promised any • person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn tb any,. nth :.day, of`Dec embi s f Faizrubiia/Stat My commissi 1F�.Y�97.(SEAL) d before me this A.D. 1974 er Florida et Large. tiff ' fit, MIAMI ' :• DAht: untxtts rota )A • t Er1:tt...iflfitFt;'.;. MI II/I0 et'r1 ' it•ttt take hotted( .. that Oti the 2hd'day•of-DoOrnber; 1974 the Cotntahneinn at the; City u[ Miami. • Florida ndnptrd 'nit• nriitiutike AN ORDINANCE ci DINANCE AMEND- INC1 ORDINANCE O. OH, THE. -COMPREHENSIVE 'zONiNG ORbtNANCE ran THE ,CITY OF •attAatt,. BY CiIA.:ritNt2 - T11E' ZONING CLASSIF•1CATION FOR THE tt'4t.a' OF LOTS 77.AND '. HARDEN • IIE1GHTS 2ND FICTION, 9-27t LOCATED AT. !71 N.tt', 777Ttl STREET. FROM H-2 (TWO FAMILY) TO C-4 (GENERAL COM- MERCIAt.) AND HY. StAI{= ING THE - NECESSARY CHANGES. IN TItE ZONING • • DISTRICT' MAI'; MADE, A • PART OF THE SAID OP.DI-, NANCE NO. (t4471, ,BY REF+ ' ERENCE AND DESCIt1P= TMON IN' ARTICLE' IH. SECTION 2 'THEREOF: BY REI'FALING ALi. ORDI-,: N 1NCES. CODE SECTIONS.' oR PARTS TIIEREOF IN CONFLICT: AND CONTAiN ING A SEVERABILITY t•i,+t t±: dosienat'11 Oitlin:inte N•). :'::r,... ' )1. D. SOLUTIHERN City Cb•t k CNN' OF MIAMI. F'LCRIDA I'nh i!':itlull u. this Iv,tier, .1tli the .i> . t 1t++crmbiq, 1u74 Lit; DI. ES.19 All interested Will take nbtice that . do the 2nd day of. Deceiahat, 1974 the Commission bf the City of Miami y Florida adopted, an ot'ditictice entitled 'AV oi'1DI? AVOt IMli DING . OP1DINA '?CE, NO. 6871, THE CO iPRERENSIVE ZONING ORDINANCE E''OR IIE CITY. Oi' $1xtilrix, BY CHANGING THE ZONING CLASSIFICATION FOR ` U45.. 5.' . -OF LOTS 77 AND 78, t' RDEN'IIEIGHTS 2ND SECTION (9-37) LOCATED AT 671 N.W. 77TH STREET, 1PROM R-2 (TWO FAMILY) TO C-4 (GENERAL CoMMr RCIr L) At1D BY MAKING TILE NECESSARY CILANGES IN '2HE ZONING DISTP.ICT. MAP, MADE A'1 PART OF TIIE SAID OIWINA CE 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. which' is designated Ordinance No.8335.,, H.D. SOUTHERN ci'ry CLERK CITY OF NIAMt, FLORIDA