HomeMy WebLinkAboutO-08155ORDINANCE NO. 8155
AN ORDINANCE AMENDING ORDINANCE NO.
6871, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE
ZONING CLASSIFICATION FOR LOT 1, LESS
CONDEMNATION, BLOCK 5, HAYNESWORTH VILLAGE
(44-54), LOCATED AT 1200 N.E. 79TH STREET
FROM C-4 (GENERAL COMMERCIAL) TO R-4
(MEDIUM DENSITY MULTIPLE) DISTRICT;
AND BY MAKING THE NECESSARY CHANGES IN
THE ZONING DISTRICT MAP MADE A PART OF
SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; AND BY REPEALING ALL LAWS IN
CONFLICT HEREWITH.
WHEREAS, the Planning and Zoning Board of the
City of Miami, at its meeting held on March 12, 1973,
passed and adopted by a 9 to 0 vote its Resolution No.
73-48, recommending granting a change in zoning classifi::.,: ';.,
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 of the City of Miami, be and the same is
hereby amended by changing the zoning classification for
Lot 1, less condemnation, Block 5, HAYNESWORTH VILLAGE
(44-54), located at 1200 N. E. 79th Street, from C-4
(General Commercial) District to R-4 (Medium Density
Multiple) District; and by making the necessary changes
in the zoning district map made a part of said Ordinance
No. 6871 by reference and description in Article III,
Section 2, thereof.
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Section 2. That all laws, or parts of laws, in
conflict herewith, be and the same are hereby repealed
insofar as the above described land is involved.
Section 3. It is declared to be the legislative
intent of this body that if any section, subsection, sentence,
phrase or provision of this Ordinance is held invalid, the
remainder of the Ordinance shall not be affected.
PASSED on first reading by title only this l9th
day of April ,1973.
PASSED AND ADOPTED on second and final'.reading
by title only this 26thday of April ,1973.
MAURICE FERRE
Attest:
MAYOR
H.D. SOUTHERN
n? . -.. T
beroty cel
A. D.
above r
Door of '
proviflo i
;said co:- t
,City thir,-/..=
-2-
City Clerk
', , t► of Mia ., oTy
_ 'et copy 'of
ed at the
at the
Jt?i by at::. ....
r:, for
zeal of : s
A�• D. 13'1.
City Clerk ,
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ap-
peared Ruth Glatter who on oath says that she Is
Assistant to the Publisher of the Miami Review end
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.
8155
City of Miami, Florida
Re: Change of Zoning Lot 1, Less
Condemnation, Block 5, HAYNESWORTH
VILLAGE, Located at 1200 N.B. 79th St.,
etc....,
in the VD; Court,
was published In said newspaper in the issues of
May 1, 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.
i
O
Sworn to and subscribed before me this Ma
— lSt day of , A:D. 19 73
a
JaneCteo/
Notary Public, State•of Fiorida at Large.
(SEAL) '
My Commission expires April 4, 2977.
CITY OF MIAMI.
DADE t•OVNTT, Fi.ORIOO/1
LEGAL NO'!'it'E
All Interested trill take hctlee
that nn the 26th day of April,
;1973ethe ;ComDTiselan .cf-thltiSittt;
of Miami. Florida and adopted
an ordinance entitled -
AN ORDINANCE AM1 ND-
ING ORDINANCE'. NO. 6£71,
THE COMPREHENSIVE
ZONING ORDINANCE FOR
THE CITY OF '.lIAMI. BY
CHANGING THE ZONING
CLASSIFICATION F 0 R
LOT 1, LESS CONDEMNA-
TION. BLOCK 5, HAYNFB-
WORTH VILLAGE (44-54),
I.O('1TEf) AT 12rin N.E.
79TH STREET FROM C-4
(GENERAL COMMERCIAL)
TO R-4 (MEDIUM DEN-,
SITS Ait'LTIPI.E) DIS-
TRICT: AND 13Y MAK-
ING THE NECESSARY
CIHANGES IN TIIE ZON-
ING DISTRICT MAP MADE
A PART OF' SAID ORDI-
NANCE NO. fiS71 BY REF-
EKENCE AND DESCRIP-
TION IN ARTICLE III,
SECTION 2 THEREOF:
ANDBY REPEALING ALL
LAWS IN CONFLICT
HEREWITII
tehtr^i is dcsighnt'd Ordinance
No. 51 Ga.
II. D. SOUTHERN
(`TT}' ('LERK
CITA' OF MIAMI,
FLORIDA
Pul,:' -•,lien of t'ihc rnlice On
ti i 1<I ,i:ty of May. 1973.
Ad No. 4(41':9
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RHT/cc
3/27/73
ORDINANCE NO.
`' ' r l4 JI 1,+(A : C R - it ! ;M
'13 APR ..•� AM 9 : 3 7
AN ORDINANCE AMENDING ORDINANCE NO.
6871, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE
ZONING CLASSIFICATION FOR LOT 1, LESS
CONDEMNATION, BLOCK 5, HAYNESWORTH VILLAGE
(44-54), LOCATED AT 1200 N.E. 79TH STREET
FROM C-4 (GENERAL COMMERCIAL) TO R-4
(MEDIUM DENSITY MULTIPLE) DISTRICT;
AND BY MAKING THE NECESSARY CHANGES IN
THE ZONING DISTRICT MAP MADE A PART OF
SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; AND BY REPEALING ALL LAWS IN
CONFLICT HEREWITH.
WHEREAS, the Planning and Zoning Board of the
City of Miami, at its meeting held on March 12, 1973,
passed and adopted by a 9 to 0 vote its Resolution No.
73-48, recommending granting a change in 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 of the City of Miami, be and the same is
hereby amended by changing the zoning classification for
Lot 1, less condemnation, Block 5, HAYNESWORTH VILLAGE
(44-54), located at 1200 N. E. 79th Street, from C-4
(General Commercial) District to R-4 (Medium Density
Multiple) District; and by making the necessary changes
in the zoning district map made a part of said Ordinate-,..
No. 6871 b referenrce--and ..4escrip ' �R# ;5,{��
y lion in Article IIT
R 1. 91973
t ;'ry
Section 2, thereof.! ,;: t ,t
.i c; L
APR 261973
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Section 2. That all laws, or parts of laws, in
conflict herewith, be and the same are hereby repealed
insofar as the above described land is involved.
Section 3. It is declared to be the legislative
intent of this body that if any section, subsection, sentence
phrase or provision of this Ordinance is held invalid, the
remainder of the Ordinance shall not be affected.
PASSED on first reading by title only this
day of 94.€ ,1973.
PASSED AND ADOPTED on second and final..reading
by title only this 26 day of ,1973.
PREPARED AND APPROVED BY:
J
MAYOR
Attest:
cALL4P-2212004.
City Clerk 1,0
too
R. arr i s urner
Assistant City Attorney
REVIEWED BY: rr- ,. <
John S. Lloyd
Assistant DirectoY of Law
APPROVED AS TO'FOt ,AN CORRECTNESS :
Alan H. Rothstein
City Attorney
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COURTESY
NOTICE TO OWNERS OF REAL ESTATE IN
THE VICINITY OF 1200 N. E. 79TH
STREET, MIAMI, FLORIDA
73 Apq 2
4M B:39
The Miami City Commission, at its meeting of THURSDAY,
April 19, 1973, at 10:30•A. M., in CITY HALL, 3500 Pan
American Drive. Dinner Key, Miami, Florida, will consider
the following:
1200 N. E. 79th Street
Lot 1, less condemnation,
Block 5,
BAYNESWORTH VILLAGE (44-54)
Resolution recommending Change of Zoning Classification on
the above described property, from C-4 (General Commercial)
to R-4 (Medium Density Multiple).
At its meeting of March 12, 1973, the Miami Planning Board
adopted Resolution No. 73-48 by a 9 to 0 vote recommending
the Change of Zoning.
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.
The Petition and supporting papers concerning this item are
available for review at the Planning Board Office, 3318 Pan
American Drive, Dinner Key.
4-11-73
cm
MIAMI PLANNING BOARD
•
Le �•b'
14
Ltit
t of
Honorable City Commission
Attention: Mr. M. L. Reese
City of Miami, Florida
Gentlemen:
tami4 lutri xt,,
March 19, 1973
Re: CHANGE OF ZONING - RECOMMENDED
1200 N. E. 79th Street
Lot 1, less condemnation,
Block 5,
HAYNESWORTH VILLAGE (44-54)
Applicant: Don R. Hartman
The Miami Planning Board, at its meeting of March 12, 1973, Item
#5, following an advertised Hearing, adopted Resolution No. 73-48
by a 9 to 0 vote recommending Change of Zoning Classification for
Lot 1, less condemnation, Block 5, HAYNESWORTH VILLAGE (44-54),
from C-4 (General Commercial) to R-4 (Medium Density Multiple).
Three objections were received in the mail.
An ORDINANCE to provide for this Change of Zoning has been pre-
pared by the City Attorney's office and submitted for considera-
tion of the City Commission.
ncerely,
.L..� .� x
David Simpson,
Executive Secretary
Miami Planning and Zoning Board
mm
Z. M. 8
Attached: Minutes
cc: Law Department
NOTE: Planning Department recommendation: "APPROVAL".
•
GI/ IV
M41j,
5. 1200 N. E. 79TH STREET
Lot 1, less condemnation; Block 5,
HAYNESWORTH VILLAGE (44-54).
Change of Zoning Classification of the above described from
C-4 (General Commercial) to R-4 (Medium Density Multiple).
Secretary filed proof of publication of Legal Notice of Hearing,
and administered oath to all persons testifying at this hearing.
PLANNING DEPARTMENT RECOMMENDATION: "APPROVAL"
The proposed zone change to R-4 would be an upgrading
of the existing C-4 classification and would have no
detrimental effect on the surrounding area. The subject
property abuts R-4 zoning to the south and exists as a
lot remnant from the construciton of the new 79th Street
Intra-Coastal Bridge.
Mr. Martinez: Will you state your name and address for the
Record.
Mr. Hartman: Yes, my name is Don Hartman,.I live at 6351
S. W. 134th Drive, in Miami.
Mr. Martinez: Okay, Mr. Hartman, would you present your case.
Mr. Hartman: Yes, sir. A couple of years ago, when the 79th
Street Causeway was widened, I lost a substantial portion of Lot 1,
in Haynesworth Village, leaving me with a C-4 zoned lot that was only
twenty-two feet wide, at the Bay. I own an adjacent lot, 2, which is
zoned R-4, and the north half of Lot 3, which is also zoned R-4.
What I am asking for, tonight, is a change in zoning from C-4
to R-4, for this small strip, that's immediately adjacent to the 79th
Street Causeway, which is unbuildable and unusable as a C-4 lot.
Mr. Martinez: Excuse me. Is there anyone here in opposition
411 to this item? Would you come forward, ma'am, and use the mike here
on the left, state your name and address.
Mrs. Green: I am Winelsa Green, we own property at 7831
North Bayshore Drive. It's a six -unit apartment building, and there
is a definite problem in sewage in that area, in other words, it's
over built for the present sewage.
The area is over built for the present sewage. I sympathize
with Mr. Hartman, but, under the circumstances, if there's more
apartments built in the area, this is going to increase our sewage
problem. It would seem that perhaps the City could do something
about the sewage problem at this time. In improving it. The sewage
Mr. Martinez: Is there . . . in sewage in there?
Mrs. Green: There is sewage in there, but it's - there's a
problem, My building was vacant for six -weeks, because of the sewage
the lines, the grade of the lines is not good, it doesn't flow, the
sewage does not flow out, and there is sewage matter in the drains
at all times. And it is almost stationary. And then, when your
sewage, of course, you building gets full and you have your sewage
going in, this can cause the backup problem. And especially, older
properties, which were built lower.
IN. MID
Mr. Martinez: Actually, that would come under the_Pollution,
• if they have a problem up in that area, the Pollution Board will
probably withhold a permit for building anything, if it is that bad.
Mrs. Green: Well, I am just making a report that it is this
bad, and this is the only objection that I would have, or the - I
would like to call it to your attention, in other words, naturally,
if you approve this, this will mean that more units would go in there
than could presently go in there, under the present zoning.
Mr. Martinez: All right, your point is well taken, ma'am.
Thank you. We will come back to you, for a rebuttal, or a little
bit of whatever she said, or if you have any other information that
-26- March 12, 1973 Item #5
you want to add, Mr. Hartman?
Mr. Hartman: All I can say, I'tn not acquainted with the cur-
rent pollution problem. I operated a small business on this property,
two and a half, three years ago, before it was condemned for the cause-
way. We had no sewage problem at that time, but there have been some
additional apartments built, since that time.
Previous to my earlier small business, there were a couple of
drive-in restaurants there, but I was not acquainted with any sewage
. problem as such, and I don't believe there would be that many more
significant units built by the change of zoning on this Lot 1, than
if it was not changed.
Mr. Martinez: How much - how wide is that on the front, there,
I know on the Bay it is twenty foot, but - how wide is that?
Mr. Hartman: Well, it's twenty -- would you like to see the
plan here on it?
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Mr. Martinez: Yes, I would, I would appreciate that.
(Discussion)
Mr. Martinez: Twenty-two point four on the back, on the Bay,
and on the front, before the ratio begins, it's twenty-six point ninety-
four, a total of forty three point ninety-six is on the front. Of
course, you have the round ratio area cuts into that.
Mrs. McGraner: It's just a little piece there, there's nothing
wrong with it.
Mr. Martinez: All right, we'll close the public hearing, then,
and have discussion among the Board Members.
Mrs. McGraner: Mr. Chairman?
Mr. Martinez: Yes, Mrs. McGraner.
Mrs. McGraner: I had an awful time trying to find 1200 N. E.
79th Street. I drove around there twice. And, then, finally, at the
foot of the bridge, as you go over the causeway, the 79th Street Cause-
way, it's just this little piece that's on the corner of it, and do
you own those other two lots?
Mr. Hartman: Well, I own the Lot 2, and the North half of Lot 3.
I own clear from the 79th Street Causeway, to the apartment - the first
apartment building off of the 79th Street Causeway, and there is a
large abutment going up to the bridge, and it is so inaccessible
from 79th Street any longer.
Mrs. McGraner: There are some nice apartment buildings in
there, they've built five or six units since I've been up there,
and when I saw how it had developed, it looks very nice.
Mr. Chairman, are you ready for the motion?
Mr. Martinez: Yes, I am ready for a motion, if there is no
other discussion.
Mrs. McGraner: The Planning Department has recommended, and
.I concur in their recommendation, and I will read it. "The proposed
zone change to R-4 would be an upgrading of the existing C-4 classi-
fication and would have no detrimental effect on the surrounding area.
The subject property abuts R-4 zoning to the south and exists as a lot
remnant", which I figured it was when I saw it, "from the construction
of tip new 79th Street Intra-Coastal Bridge."
I recommend.
Mr. Martinez: All right, the motion on #5 is for approval,
is there a second?
1
Mrs. Callahan: I will second it.
-27- March 12, 1973 Item #5
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Mr. Martinez: Mrs. Callahan seconds it. Discussion► on the
motion? None. Call the roll, Mr. Sin son.
Mr. Simpson: The motion on Item #5 is to recoinrend.
Three objections were received in the mail.
Mrs. McGraner offered the following resolution, and moved
its adoption:
RESOLUTION NO. 73-48
RESOLUTION RECOMMENDING CHANGE OF
ZONING CLASSIFICATION OF LOT 1, LESS
CONDEMNATION, BLOCK 5, HAYNESWORTH
VILLATE (44-54), AT 1200 N. E. 79TH
STREET; FROM C-4 (GENERAL COMMERCIAL)
TO R-4 (MEDIUM DENSITY MULTIPLE).
Upon being seconded by Mrs. Callahan, this resolution was
passed and adopted by the following votd :
AYES: Messrs. Alfonso, Burns, Dean, Gort, Silverman, Martinez.
Mmes. Callahan, Fernandez, McGraner.
NAYES: None.
Mr. Simpson: Nine - zero,
Mr. Martinez: This has been approved by this Board, and
you go on to the City Commission, now, sir.
Mr. Hartman: Thank you, very much.
-28- March 12, 1.973 Item 85