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HomeMy WebLinkAboutO-08145ORDINANCE NO. 8145 __ _ AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE XXV, SECTION 1, BY ADDING A NEW PARAGRAPH (166-C-•1) ,TO PROVIDE FOR THE OFFICIAL ESTABLISHMENT OF A ZONED STREET WIDTH OF MICANOPY AVENUE FROM 50' TO 40'; REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the City of Miami Planning and Zoning Board at its meeting held on February 5, 1973, passed and adopted by a 8 to 1 vote its Resolution No. 73-22, recommending amending Ordinance No. 6871, Article XXV, Section 1, as hereinafter set forth; and WHEREAS, the Commission deems it advisable in the interest of the general welfare of the City of Miami to make the recommended changes amending Ordinance No. 6871; 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, is hereby amended by adding a new Paragraph (1(6-C-1) to Section 1, Article XXV, to provide for the official establishment of a zoned street width of Micanopy Avenue from 50' to 40', as follows: X166-C-1) Micanopy Avenue, Coacoochee Street west to its terminus 20' Section 2. That all ordinances, or parts of ordinances, in conflict herewith, be and the same are hereby repealed -1- day of February ,1973. PASSED AND ADOPTED on second and final reading by 11 insofar as they are in conflict. PASSED on first reading by title only this 22nd day of March ,1973. title only this - 8th • DAVID T KENNEDY MAYOP. Attest: H D SOUTHERN City Clerk H. D. So1.71717.7, Cier! of7.-ian72 r2,12 A. r;. n!21.1 cor'7 0.! :•0 c. ti;(.1.at1.1•e flc of thc, .15nt.1.2 c;311.a-t 17ciac; : • e :7 7 • - .• •-; 00..1?"t tl:' IdaY Oii,P. L. 1) 17:• c _2._ it Clerk iVIIAMI R1='VItW AND bAILif PitcoRD PublisAed Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OP FLORIDA COUNTY OF DADE Before the undersigned authority personally ap. peered Martha Drobnie, who on oath says that she la the Office Manager of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper published at Miami In Dade County Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of Adoption of Ordinance No. 8145 Re: Official Establishment of a Zoned Street Width of Micanopy Avenue from 50t to 40', etc. In the ocx Court, was published in said newspaper in the Issues of March 13, 1973 Affiant 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 mail matter at the post office in Miami, in said Dade County, Florida, for a 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 to and subscribed before me this 1 3.t..b, day of march , A. D. 19 7.3 Janet Leo, Notary Public, State of Florida at Large. (SEAL) My Commission expires April 15, 1973. (Its- or MtA3ff, DADE COVNI" , MDR I.EOAL NOtICE Al! interested a•11i take notice that nn the Pth day of Sfareh, 1973 the (".tatttfhtseinn of the City of Miami, Flnrtda adopted en nrdlnnnce entitled - AN OR1)TNANCir AMENDr ORDINANCE NO, 071. ARTT- CI.E XXV, SEMON 1 13Y ADDING A NEW PARA- GRAPH (165-C-1) TO PRO- VIDE FOR THE OFFICIAL EST.ATILT SHAtENT OF A ZONED STREET WIDTH OF MICAxory ,AVENUE 1'Rn>t ran' TO 4.^: ; RFPFALIXr, A,.L t..4WS IN CONFLICT HERE-i WITII which Is designated Ordinance No. 8145. H D S.O. VT11ERN r*•r^ rt wt)s CITY OF MIAMI, FL'�RIDA Puh'foalion of this nothe nn t' e 1211i day of Marhh, 1973. Ad No. 30444 ORDINANCE NO. 8145 AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE XXV,. SECTION 1, BY ADDING A NEW PARAGRAPH (166-C-1),TO PROVIDE FOR THE OFFICIAL ESTABLISHMENT OF A ZONED STREET WIDTH OF MICANOPY AVENUE FROM 50' TO 40'; REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the City of Miami Planning and Zoning Board at its meeting held on February 5, 1973, passed and adopted by a 8 to 1 vote its Resolution No. 73-22, recommending amending Ordinance No. 6871, Article XXV, Section 1, as hereinafter set forth; and WHEREAS, the Commission deems it advisable ..n the interest of the general welfare of the City of Miami to make the recommended changes amending Ordinance No. 6871; 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, is hereby amended by adding a new Paragraph (166-C-1) to Section 1, Article XXV, to provide for the official establishment of a zoned street width of Micanopy Avenue from 50' to 40', as follows: 1166-C-1) Micanopy Avenue, Coacoochee Street west to its terminus 20' Section 2. That all ordinances, or parts of ordinances, in conflict herewith, be and the same are hereby repealed -1- insofar as they are in conflict. PASSED on first reading by title only this 22nd day of February ,1973. PASSED AND ADOPTED on second and final reading by title only this - 8th day of March DAVID T KENNEDY ,1973. MAYOR Attest: H D SOUTHERN City Clerk RHT/cc 2/14/73 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE XXV, SECTION 1, BY ADDING A NEW PARAGRAPH (166-C-1) ,TO PROVIDE FOR THE OFFICIAL ESTABLISHMENT OF A ZONED STREET WIDTH OF MICANOPY AVENUE FROM 50' TO 40'; REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the City of Miami Planning and Zoning Board at its meeting held on February 5, 1973, passed and adopted by a 8 to 1 vote its Resolution No. 73-22, recommending amending Ordinance No. 6871, Article XXV, Section 1, as hereinafter set forth; and WHEREAS, the Commission deems it advisable in the interest of the general welfare of the City of Miami to make the recommended changes amending Ordinance No. 6871; 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, is hereby amended by adding a new Paragraph (166-C-1) to Section 1, Article XXV, to provide for the official establishment of a zoned street width of Micanopy Avenue from 50' to 40', as follows: (166-C-1) Micanopy Avenue, Coacoochee Street west to its terminus 20' Section 2. That all ordinances, or parts of ordinances, in conflict herewith, be and the same are hereby repealed CIS"Y COMMISSION 14k-ETIN-.3 O MAR - 91973 e%11,...,' nu. FEB 2 2 1973 4 insofar as they are in conflict. PASSED on first reading by title only this Z Z day of 4973. PASSED AND ADOPTED on second and final reading by day of ,1973, title only this PREPARED AND APPROVED BY: REVIEWED BY: 4/ 44 VI O ? . f'ei1/ A MAYOR 05t: >,1 ity Clerk Assistant City Attorney John S. Lloyd Assistant Director of Law APPROVED AS TO FORM AND CORRECTNESS: Alan H. Rothstein City Attorney • COURTESY NOTICE NOTICE TO OWNERS OF REAL ESTATE IN THE VICINITY OF MICANOPY AVENUE AND COACOOCHEE STREET, MIAMI, FLA. The Miami City Commission, at its meeting of THURSDAY, February 22, 1973, at 10:30 A. M., in..CITY HALL. 3500 Pan American Drive. Dinner Key, Miami. Florida, will consider the following: Resolution recommending an amendment to Ordinance No. 6871, ARTICLE XXV, Section 1, which would establish a Zoned Street Width of Micanopy Avenue from 50' to 40' by addirg the following paragraph: (166-C-1) Micanopy Avenue, Coacoochee Street west to its terminus 20' At its meeting of February 5, 1973, the Miami Planning 3oard adopted Resolution No. 73-22 by an 8 to 1 vote recommending the above. IMPORTANT The City Commission requests that PETITIONER be present or represented at this meeting, and all interested real estate owners are invited to express their views. 2-15-73 cm MIAMI PLANNING HOARD 3 Honorable City Attention: Mr City of Miami, Gentlemen: Commission . M. L. Reese Florida February 7, 1973 Re: ZONED STREET WIDTH - RECOMMENDED Amendment to Ordinance 6871, ARTICLE XXV, Section 1 The Miami Planning Board, at its meeting of February 5, 1973, Item #1, following an advertised Hearing, adopted Resolution No. 73-22 by an 8 to 1 vote recommending an amendment to Ordinance No. 6871, ARTICLE XXV, Section 1, which would establish zoned street width of Micanopy Avenue from 50' to 40' by adding the following paragraph: (166-C-1) Micanopy Avenue, Coacoochee Street west to its terminus 20' Two objections were received in the mail. An ORDINANCE to provide for this Zoned Street Width has been pre- pared by the City Attorney's office and submitted for considera- tion of the City Commission. Sincerely, //, ,%` 1 cz c/ acrnif/,tom /; David Simpson, Jr.0 Executive Secretary Miami Planning & Zoning Board mm Z. M. 43 Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "APPROVAL". i • 1. ORDINANCE AMENDMENT - ZONED STREET WIDTH Consideration of an Amendment to Ordinance No. 6871, ARTICLE XXV, Section 1, which would change the established zoned Street Width of Micanopy Avenue from 50' to 40' by adding the following paragraph: (166-C-1) Micanopy Avenue, Coacoochee Street west to its terminus; . . . • . . 20' Secretary filed proof of publication of Legal Notice of and administered oath to all persons testifying at this PLANNING DEPARTMENT RECOMMENDATION: "APPROVAL" In agreement with the Plat and Street Committee recommendation for approval, subject to necessary subdivision improvements, including a _cul-de-sac at the northwestern terminus of Mica:,o2y Avenue. Hearing hearing. Mr. Simpson: That is twenty feet on either side of the centerline. Mr. Martinez: All right. All of those to speak on Item #1, would you please stand up to he sworn in at this t:nrf,. All right, we will hear from the applicant first, and then, we wi.11 hear from the ones in opposition. And then, we will give rebLttal to the applicant, again. The applicants will use the mike on my right, and the opposition the mike on my left. Will you begin sir, by stating your name and address, for the Record. Mr. Landress: My name is Clifford Landress, 1915 S. W. 27th Avenue. I am the architect for the project. Mr. Martinez: All right. The other gentleman with you, does he want to speak? Mr. Mohr: I am Alfred B. Moore, I am Vice -President of Biscayne Engineering Company, 47 N. W. First Street. Mr. Martinez: Okay. Would you make your presentation, do you have anything you want to say? Mr. Landress: Well, the only thing we want to say, really, is that the lady that we represent owns both sides of the street, that we are asking for the zoned street width to be reduced, from fifty to forty. And, we're not changing any zoning, it's still single-family residences. It's just that it's a dead-end street, and we're putting a forty -foot cul-de-sac at the end of it. And we would just like the reduction from fifty to forty feet. Mr. Martinez: All right, let me see if we have anyone in oppo- here. Do we have anyone here, in oppostion to this item? Mrs. Sinclair: I live right up -- Mr. Martinez: Would you stand up, ma'am, and come forward. sition Mrs. Sinclair: On the corner of Mr. Martinez: You have to come up and identify yourself, and for the Record, the name and address, so we can have it on the Record. Mrs. Sinclair: S am Mrs. Sinclair, and I live on the corner 41 of Coacoochee and this property he's talking about is right next to mine. And I am just wondering. I have never heard of the City giving ten feet back to the people, unless it's for taxes. You know, it's usually the City taking ten feet. And, I'm just here to wonder. Mr. Martinez: Well, sometimes the City they take -- Mrs. Sinclair: me suspicious. No, but since the City giveth, and sometimes giveth, this is what made Mr. Alfonso: Mr. Chairman? -2- February 5, 1973 Item #1 Mr. Martinez: Yes? Mr. Alfonso: May we hear from the Department? Mr. Martinez: Yes, we're going to hear from the Department, that might clarify the air a little bit for you, ma'am. Someone from the Departnent,•will you sort of give us a brief explanation? Mr. Campbell: My name is Campbell, Department of Public Works. We have been involved with this, since the beginning of the Plat. And, the street has been zoned for fifty feet. Which is a nominal zoning under the Planning Ordinance. However, in this particular case, we feel that it is possible to rezone the street to forty feet wide. Now, this is not a ten feet on any given side, this is five feet on either side. The zoning depends on the centerline. Mr. Martinez: All right, Mr. Campbell., thank you. Do you have anything else you want to add? I will close the public hearing, and we will have discussion among the Board Members. Mr. Mohr, is there anything you want to say? Mr. Mohr : Well, we presented a tentative layout to the Plat Committee, which is a Committee of your Board, and trey have approved the tentative, in its present form, it calls for an off -center cul-de- sac at the extremity there. And, for the forty -foot radius, and we feel that this is sufficient for handling what little traffic will be generated on the street. Mr. Martinez: All right, thank you. Okay, the public hearing is closed. Mr. Simpson: Mr. Chairman, for the benefit of the Record, I would like to inform the Board that this was reviewed by Plat and Street Com- mittee, and it comes with their recommendation. Mr. Martinez: Yes. Well, we were just getting ready to close the public hearing, do you want to step up and say something? Are you in favor or against this. Mr. File::: Please, if I could, neither one, at the moment, we're here - my name is Cleare Filer, I live at 1740 South Bayshore Drive, and we're here on behalf of our Bayshore Homeowners' Associa- tion. And, as we understood the purpose of this, was to permit the owners to replat this into, I.think, one or two additional lots. And we're not opposed to it, we support this, if this is the program. Is there anything that is to be shown to us, as far as the suggested relayout of this? As I say, we've checked into it, and gone to the effort to come down, and actually, what support, what we understood was to be a program of realignment of the lots, and I think to make an additional lot. And, hopefully, we're not getting into something of the possible so-called "Planned Development", "Conditional Use", under R-1 zoning. Mr. Martinez: Yes. Maybe Mr. Simpson will explain that a little bit. Mr. Simpson: You are absolutely correct, it involves nothing but the replatting of the land, it does, and Mr. Moore has a copy of the tentative plat there, it was reviewed by the City Plat and Street Committee, and comes with their recommendaiion. It meets all require- ments, has nothing to do with the use of the land. Mrs. Callahan: Mr. Chairman? Mr. Filer: May we see this, please? Mr. Martinez: Yes, go right ahead, Mr. Filer. (Mr. Filer discusses layout with Mr. Landress and Mr. Mohr.) Mr. Mohr: This is not being replatted at all. -3- February 5, 1973 Item #1 • • • Mr. Filer: I see, so you have sufficient lots, there. Mr. Mohr: That's right. Mr. Filer: The intent, then, is to continue on one family separate residential lots, as far as the plan is concerned? Mr. Mohr: That is right. Mr. Filer: Yes, I see. As I say, Mr. and checked with Mr. Simpson's office, - Mr. Martinez: Mr. Moore, excuse me, we would like to see a copy of that, because, evidently, we don't,have it on file, or, we haven't been able to look over -= the Plat and Street Committee had it, - I don't know. Tom Stokes came down, Mr. Filer: Understand, we are down Y.:Ire, interested, and really to support something, we're not always just against something, but we came down to truly lend support to this, because it looks like something that we might like to see. And, there i$ good reason for a short street like that, not to be fifty feet, as Tigertail and others are fifty, - but we were hopeful this was simply nothing to set the stage for Planned Development type of a thing, that: could come in, under R-1 zoning, still. Okay? Thank you, so much. Mr. Martinez: Yes, thank you, Mr. Filer. Did you look at the plan, Mrs. Callahan? Mrs. Callahan: Mr. Martinez: Mrs. Callahan: Mr. Martinez: what is your motion? Yes, I slid. Okay, are you ready? Yes, I am. Okay, Mrs. Callahan, this is in your district, Mrs. Callahan: I move in favor of the recommendation of the Ordinance Amendment, for the zoned street width to be fifty -feet, - to be forty -feet instead of fifty -feet. Mr. Alfonso: Second. Mr. Martinez: It has been moved by Mrs. Callahan, and seconded by Mr. Alfonso. Any discussion on the motion? Mr. Burns? Mr. Burns: The street to the - the extension of the street - I don't know if that's north, generally, or what. Is that - is that zoned already for forty feet? Or, is that zoned for fifty? Mr. Mr. Mr. Mr. Simpson: You mean, in that -- Burns: That is correct. Simpson: That direction? Burns: Beyond the yellow. Mr. Simpson: It carries a zoned street width of fifty feet, but the original plat dedicated it at forty feet. Really, what they're doing, they're not - the City is not giving them something that the City now owns. The zoned street width involves an imaginary line five feet on the other - each side - into their platted lots. The original subdivision platted these lots in this manner, with a forty - foot street. But the City has a - a Ordinance on the books, that all streets, unless otherwise designated, will carry a minimum width of fifty -feet. Mr. Burns: So, it's the same on both blocks? What you're saying? Mr. Simpson: Yes, sir, all of the way through. There is a little different in the other direction, because it does continue on -4- February 5, 1973 Item #1 • through, this is just the short stub end that's shown in yellow, It dean -ends, it cannot go through to the next street, there are structures at that end. Mr. Burns: It's is there any impediment to making the wider street on the far end portion of it? you're Mr. Simpson: No. Mr. Burns: Or, it is just that nobody plans to do it, is what saying. Mr. Simpson: That's correct. It was dedicated forty on - in the other direction, it still maintains a fifty -foot zoned street width. Mr. Burns: The only difference would be if we didn't grant this, they would have extra setback from the street. then, - Mr. Simpson: That is correct. Mr. Burns: Where they - it would be used for parking or sidewalks, and what have you? Mr. Simpson: That is correct. Mr. Martinez: All right, call the roll, Mr. Simpson. Mr. Simpson: The motion on Item #1 is to recommend. Two objections were received in the mail. Mrs. Callahan offered the following resolution, and moved its adoption: RESOLUTION NO. 73-22 RESOLUTION RECOMMENDING AN AMENDMENT TO ORDINANCE NO. 6871, ARTICLE XXV, SECTION 1, WHICH WOULD CHANGE THE ESTABLISHED ZONED STREET WIDTH OF MICANOPY AVENUE FROM 50' TO 40' BY ADDING THE FOLLOWING PARAGRAPH: (166-C-1) Micanopy Avenue, Coacoochee Street west to its terminus 20' Upon being seconded by Mr. Alfonsc, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Dean, Gort, Silverman, Martinez. Mmes. Callahan, Fernandez, McGraner. NAYES: Mr. Burns. Mr. Simpson: The motion carries, eight to one. Mr. Landress: Thank you, very much. Mr. Mohr: Thank you, very much. Mr. Martinez: All right. -5- February 5, 1973 Item #1