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HomeMy WebLinkAboutO-08042611151NANCE No. 80 i%N: OILJINANCE AMI.:;1\i3INC = AN= No, 6871:, commtlEN8IvZ LoNIIVG oats N11Nc:n rat ►1 ' 11J CITY OP MV .MT, BY Gi1r�NOINO Ti:E 2O\�'I:NG b }}��i;OTS ��%% 5 AND 6) BLOCIt 101 'I W LVTI, S T RHET 4t N0i S 0 5 ✓) , rAoM► 12 (TWO-i;`AMILY) .To C-2 (CoknugITY COi MtACIAL) DIsTRIc `, LOcATBD z s , W. CORN= or N. w, 36T11 COURT AND, N. W. rLAGLEA TBA ACE; AND BY MAXING Tilt NBGBSSAAY CHANGES IN THE ZONING DISTRICT MAX? Mi\DB A PART 0? SAID 0AbiNANoB NO. 6871 BY REFt1UNCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; REPEALING ALL LAWS IN CONrLICT fi1R WITH; AND PROVIDING FOR A SEVERAi3ILITY CLAUSE FIBit IN. WHEREAS, the Planning and Zoning Board of the City of Miami, -at its meeting hold:on January 10, 1572, passed and adopted by a 9 to 0 `vote its Resolution No. 72-13, 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 inhabi- tants to grant a change in zoning classification, as here- inafter set forth NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF TE2 CITY 0F M:IAMI, FLORIDA; Section 1. That Ordinance No..6871, the Comprehensive zoning 0 dinazco for the City of Miami be and the same is hereby amended by changing the zoning classification for rots 5 and o, I31ock 10, TWainii STREET ,'1ANORS, Plat S00% , Page 59, from R-2 (Two -Family) to C-2 (Community Commercial) Di.stricta 1oc4ted at $, W. Corner of N, W. 30th Court And N. Ws Pi&gler Terrace; and by bakingthe necessary changes In the zoning d.atriet map made a part of said Ordinance No. 6071 by reference and deteriptian in Article III, Section 2, thereof. Section 2. That all laws, or parts of lames, in conflict herewith, be and the same arc hereby repealed insofar as the above described land is involved.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, sen- tence, 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 March 1972,, 2nd PASSED AND ADOPTED on second and final reading by title only this lGth day of March 1972. hG4'& y ec abr, o r i +SF Ter. ..t: ''•ems xt �•, 1 ;yh •, ..-.. .� c.,.f. .,, �� via?:.7:4c �}:- ,ti:�_.. is.. r ,� •r _ •+: a')::1Y 0.; Co,.;r+ ; �`: ,r'.._f.� ct �. Oity V.11, .. . .1t';.;, ri. DAVID T. KENNEDY Attest:. MAYOR H.D. SOUTHERN City Clerk v-1;CZ-h1-? I day of .f. MIAMI: REVIE AM 'BM, IIMPHIS ubtksAAid betty envoi soot*, stinky Lod t81ir�ays Mitfifiii bade `low y, i`ioi'idtr. rotIfto DADS 0 0bpa- tha . uhdeifelgh68 litithbrity patiohliI Air et'Pd MerfhA b,obhle, whd 'Off bath 360 that the lb tttb Offieb Manager of the.' Miatiii iteviete and Daffy Retort!, A- daily (eXceyt Saturday,, sunday and Legal Holidays) h2ws6 peF (Subllahed et Miarril .In Dade Coufhty Fidridet that the att_eehed btipy•0i Adair• tRSefrielt, being A 'Legal Advertisetnerit or Notice ift thhe -Metter of ,Ac bD ..s n,...p „ xs a:i a ae..;Na.o,.,.,,8042 Re i lot6 5 and 6) S , W, .Corner' 36th Court, and Nr GJ, Plagler Terrace tr1 tha t,......,.Jt....C:,.X....; ... adit, Was published in said oewspapet 1n the issues 01 ..rob 22a 1972 AHiant further says_ that'. the said Mtemt Review and Daily Retell is a newspaper published at WSW, In scold Dade County, i:lofida, "and that the Bald news. paper has . heretofore_ been continuously published In -- said bade_ 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 CoUhty, Florida, for a period of one year next preceding the, first publication of the attached copy of advertisement; and affient furtheP, says that She has neither paid nor promised any person, firm or- corporation any_'discount, ,. Psbete, commission of refund tot the purpose of securing this advertisement for publication in the said newspaper, -, Sworn to and subscribed before me this ...2.2nd March • , A.b. 19 72 uth Glitter, Notary Pub c, State of Florida at Large. My ACommission expires May 16, 1973. LE AL 1ttt1°tIt ` Mi intitistA int bit ti,at tin `flit` lfith d 'Eli 1112 tilt elitiinnlenet di The City. 'bI ietifti'. f')d"tid& , tanned Sit &aiinna entitled 2 : CtiMP Ei ie1V d 2ON11 ORDINANCE ?cm • Tilt a "1t" O1'', MIAtti, $it, t 11Ai t141# Tit zoNtfiltl 'roil: LOT 5. ' AND f3, 131;0 10, 1WELIftii STItEI;Tt MANORS f& 50) • PROW 1 t kCtAI:) ",1MSTrtte °';LOA CAd'E13 At SW COrtNtit NtC FLAGLtit Vtit A , ANb "UV MAtt110G %- E • tc NPSSAItY CRANOLIF IN Tut : 20N1i�O b1S5r1%IC1 MAP -MAIMA PART. Oti, SAID 'OItD1NA'Nt'CE , NO. 6671 iv' RE sttt WCM AND DESC14IPTIOlv _..IN ARV!, - IIIi ' 'SPEC` ION 2 ALL _LAWS . IN CONFLICT 1;1;ttf WIR'ii, AND PRO. v1DINf1Foil A SttiRRA.; AEILITit CLAtISE 11E1tE1N *hie), fa destgntited : 'Ordinance Ito: 8042. D DSOt1TII ft1tAl CITY t✓LEIRK CIT1t OF MIAWL FU11111)A 1?ii'blicatioh of thin notice on The 22ndday Of Match, 1972.; M. No.: 30802 tir .t.�cx�: u.L.:c;:..3,; ,•r:< ..Mr.uN w.i.,.:...�-S:.:w.>>.:,., jj��f��f''y'�������A f. • /14/72 '72 r E$ t II N4 III ORbINANCE NO.v AN ORDINANCE ENDING ORD/NANCE NO. 6871, THE COMPRE E 8 E ZONING ORDINANCE EO i THE CITE OE MIARI, BY CHANCING THE ZONING FOR LOTS 5. AND 6, BLOWN 10, TWELPTH BTREET MANORS . (5-8), PROM R-2 (TWO-EANILY) TO C-2 (COMMUNITY COMMERCIAL) DIBTRICT, LOCATED AT 8. W. CORNER Off' N. W. 36T i COURT AND N. W. E'LAGLER TERRACE: AND BY MAXING TAE NECESSARY CHANGES IN.TRE ZONING DISTRICT MAP MADE A. PART Off' SAID O tDINANCE NO. 6871 BY RE 'ERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF,' REPEALING ALL TAWS IN CONE'LICT }#ERE- WiTH,• AND PROVIDING F`OR A SEVERABILITY CLAUSE HEREIN• WHEREAS, the Planning and Zoning Board of, the City of Miami, at its meeting held on January 10, 1972, passed and adopted by a 9 to 0 vote its Resolution No. 72-13, 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 inhabi- tants to grant a change. in zoning classification', as here- inafter set forth; NOW, THEREFORE,. BE IT ORDAINED BY. THE CO, � COMMISSION,OF, THE CITY OF NIAMI, 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 for Lots 5 and 6, Block 10, TWELFTH STREET MANORS, Plat Eook 5, Page 59, from R^2 (Two -Family) to C-2 (Community Commercial) District, located at St Wt Corner of N. W. 36th Court and w1 1& lei Ter jade; and by 'along the hedessaYy ehahge§ in the oniiig d `stride map made a part of said Ordinance No. 601 by reference and description in A `title Seetion 2, thereof. Section 2. That all lavis, or parts of laws, in Conflict herewith, be and ' the same are hereby repealed insofar as the above deseribed.land is involved Section 30 'It is declared to be the legislative intent.of this body that if arty'seCtion, subsection, sen= fence, 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 1972. PASSED AND ADOPTED on second and final reading by title only this PREPARED AND • ' „ 1972. / day of �" `r" Attest: MAYOR City Clerk APPROVED BY: Larry J.-Hirsch REVIEWED BY, APPAZTD A Aitt�ths Attorn.e ' As stant C --Attorney ck R. Rice, Jr o Assa.s ant o Dire f1 f I 4:ca.F�o�r Honorable City Commission Attention: Mr. M. iteeae City of Miami, ?lorida January 20, 1002 ite : diOdiGtGP... ZONING G - At -COMMODE"), S. W. 99ther of and N. N. F1.ag1er Terrace. Lots 5 through 10; Diock 10, TYiPLFTH STREtT. MaNOp.5 (5� 59 ) pp Robert ,y.....:,.,. Applicant: Robert Ni. Deehl Gentlemen: The Miami planning hoard, at its meeti... ng of d`antiary 10,..,.1972, Item 413, following an advertised Hearing, adopted Resolution No. 72-13 ,,.w..._.�...n...,,, ....i �...; g -. STtt�ET, MANORS (5-59) , , located by a 9 to 0.vote recommending Change of Zoning Classification of Lots ....5_th h--44; Block 10, TWELFTH r at S. W. corner , of N. We 36th Court and N. W. Flagler Terrace, from R-2 ( Two -Family) to C-2 (Community Commercial) . Five objections were received in the mail. An ORDINANCE to provi de for this Change of Zoning has been prepared by the City Attorney's office and submitted for consideration of the City Commission. Scere David Simpson, Jr. Executive Secretary Miami Planning and Zoning Board mm Z. M. 33 Attached: Minutes cc: Law Department NOTE: Planning Department -..artmentrecommendation: recommendati "DENIAL". ► rtses4 iv 'fi4/, i NOTICE TO OWNERS OP REAL ESTATE IN THE v`IC/ ITY or S W. CORNER OP N. W. SSTH COURT AND N. W. PLANAR TERRACE, MIAMI, FLORIDA The Miami Cite Commission, at its meeting of THURSD ►`!C, March 2, 1072, at ).O:00 A.: 4., its C1TY _HALL,_350O_Pa" American :Drive ► Dinner : Kev, plorida, will consider the following: S. W, corner of N. W. 36th Court and N. W. Flagier 'Terrace Lots 5 thru 10, Block 10, TWRLFTR STREET !MANORS (5-59 ) Resolution recommending Change of Zoning Classification of the above described property from R-2 (Twos -Family) to C-2 (Community Commercial). At its meeting of February 17, 1972. the Miami City Commission deferred action on this item. IMPORTANT The City Commission requests that PETITIONER be present or representedat this meeting, and all interested real estate owners are invited to express their views. MIAMI PLANNING BOARD 2-25-72 cm �ovRTE$Y NOTICE TO OWNERS OF REAL ESTATE IN TNN VICINITY 0p S . W. CORNER0p N.W. 26TH COURT AND N. W. PLAGLRR TERRACE, MIAMI, FLORIDA The Miami City Commission, . at its meeting of THURSDAY, pebruary 17, 1972, at 10:30 A. Mop in CITY_HALL. 3500_ Pan American Dr'ive.__abinnerltey, Miami,:. Florida, will consider the following S.`W, corner of N..W. 36th Court and N. W. Plagler Terrace Lots 5 thru 10, Block 10, TWELFTH STREET MANORS (5-59) Resolution recommending Change of Zoning Classification of the above described property from R-2 (Two -Family) to C-2 (Community Commercial). At its meeting, of January 10, 1972, the Miami Planning Board adopted Resolution No. 72-13 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. MIAMI PLANNING BOARD 2-10-72 cia cone ' N1 t , J fl ET Gi W� F At ER TERRACE Lots 5 through 0 ► Boo • o , TWELFTH ORM MANORS (S.40) : Change of Zoning Ciassifieat on of the above°deaerthed froth (Two&Pafiiy) to C-2 (Co Unity eor efoia1) 4 Bearetary filed proof of pubiieation of regal Notice of fearing and administered oath to all persona testifying at thin hearing. P NN tNG b pA tTM1NT OMMENDAT ION : "Mtn" __ 'The aar ued sthe sunset areal ent-gi resitentiai except for the eommerciai application of toning 'along 'the major thoroughfares. This property is within the resi.. centiai portion of the development and utiiitation of the property for which it is zoned would provide for compatible land use and development of the area. No significant change in the eharacter.of the area has occurred to indicate the need for the petitioned change of zoning. Judge beehl: My name is nobert M. beehl`, 1 live at 13005 S. N. Gist Avenue, Miami, 33196. My sister and l own this block as shown by the - it is a small block, fronting. on E'iagler Street, approximately 238' and running in depth 194'. Now, we presently have businesses located, in commercial toning frontage,on the In the thisback�erpiecemarker�and on��the Douglas,toad frontage. by the x, we have some frame houses, which we presently rent, and they are older frame houses, and in poor condition. At the present time, I would like to utilize, to fully utilize our property. Similar to what is being done on the west side of Douglas Road. As you know, there is presently zoning on the west side - as a matter of fact, I'd like to use the same type of zoning. I do not wish to have any ingress or egress on this property, for cars coming in on Flagler Terrace, or, on the Court. I would have no objection to having awall there, and proper landscaping. But in order to properly utilize my existing property, I would need to provide ample parking. I. think that the proper way to do it, would be to utilize some of the back area for parking, together with what we presently have some businesses on the front, there's .,a'lot of the land on Douglas which is vacant. We would .like :to extend our building along Douglas and have parking in front and in the back. Again, I say, I do not want to do anything that will be.detri- mental to the neighborhood. We have owned this property, my parents, for over twenty-two years. There are presently three filling stations on the corners of Flagler and Douglas, and I would not want to put a fourth filling station there, if at all possible. I would like to property p yutilized, ngthing that would utilize it the way the- ro ert can. beuti houses would helpthe be,I feel detrimental, but to :take down t area, and to properly safeguard the neighborhood, by requiring a wall, and landscaping, as is presently being done on the west side of Flagler Street, excuse me, on the west side of Douglas Road, right to Flagler Terrace. This, - right now, I don't have any plans drawn up, as far as ghat kind of - I know I could put some apartments, or stores above my existing building on Flagler Street, which should probably,* should have done so years ago. But, that's something that'I would like to. tinker with. But the first thing, I think we'd have to do, is provide Wil ample parking, and I think this area in the back would be the proper place to put the parking, Rev. Wright; All right, thank you very much, Judge peehl. Now, is there anyone here in objection to this application? Judge do you have anything further to say? Judge Deehl; I appreciate your attention, 1 enjoyed sitting here listening to your hearings, you all make good judge, I'll tell you that. -40- January 10, 1972 Item t13 MI)* Wright I shim+ listening toU, too, Judge. At this time, me will close the public hearing, and have h discussion aftvng the Board Members. Mr. Kalil: I would like to ask Judge Deehl. On those back lots, that you arerequesting, do .you want to use those for parking, or what do you Rant to use them for, row Judge Deehl! Primarily, 1 think they should be used for parking. Now, I don't really think these buildings should be back there, • lust for primarily far parking, but when 1 extend my present building along from Piagier ever to bouglas,'1 might need a few feet, Again, Ali 1 don't have any plans drawn, but 1 ofid thiilike i to at hike tohave usa:for feet to use, 1 think ninety P prkiag Mr, Kalil: 1 know the Lott i, 2 , , and 4 , tight now are tiled as parking. Judge Deehl: Correct. Mr, Kalil: In conjunction With the businesses facing on rlagler - Judge Deehl: Right: Mr. Kalil: On the corner of Douglas. Judge Deehl: Right! Right! As a matter of fact, there are a lot of other people in the neighborhood use that for parking, and don'teven utilize the businesses, but I 1 would like to use the balance of it also, for parking Again, I say, I would like to forget that building onFlagler Street. I believe I can go up a second story with either apartments or offices, above that building, and I will need parking for that pro- jection. Mr. Kalil: The reason why I am asking, because you are not specifically asking for a rezoning on this, to use it as parking. Judge Deehl: I say that ninety percent of it should be used for parking, but I - I would not like to be if.I need five feet somewhere in the middle, there, I hate to - I hate to cut it out there I still could use five feet but if I - I would say ninety percent would be for parking. Mr. Kalil: Another reason why I am saying, is you have an alleyway going through there - Judge Deehl: Yes: Yes: Mr. Kalil: lend, the alley is a public alleyway, isn't it? Judge Deehl: Well - Mr. Kalil: It services the other buildings down - Judge Deehl: It's all right, we own the whole block, so It . . . tocut it off. Mr, Kalil; I mean, is it deeded as a public alley? Judge Peehl; No, it. isn't. That alley is not,_- the People that have the businesses use the alley, anduse the parking behind the businesses immediately to the south of that existing parcel, that's only about - twenty"five feet - twenty or twenty-five foot alley, I guess Mr. Kalil; I know, it's a small alleyway, but the - in other words, you want to use those lots for parking In conjunction with your buildings on f'lagl.er Street? Judge Deehl; yes, sir, -41- January l4, 1972 Item #13 • Mrs Kalil : And . f you so &aim oft " 37th AVM , ; to build some more stoma an Leta i, 2, 1 and 47 Judge Dealt':And) also, if -1 want : it, if f' m able., to put a second 'story offices above my existing stares, on F1agler. Mr. Kalil: That's what t meant, because giggler Street, right now, is all built up. ,judge !Mehl: Yes, air; Mr, Rain: In stores. Judge Deehl: Yea, sir. Rev. Wright: Thank you, very much, Mr. RAID, Now, Mr. Alfonso, this is in your district, what is your pleasure? Mr. Alfonso: YOU gads a nice presentation, and I agree with your presentation, and I am going to move fair , approval Mr. burns: second that. Five objections Were received in the mail.. Mr. Alfonso offered the following resolution, and moved its adoption: RESOLUTION NO. 72-13 RESOLUTION RECOMMENDING CHANGE OF ZONING. CLASSIFICATION OF LOTS 5 THROUGH 10, BLOCK 10, TWELFTH STREET MANORS (5-59) LOCATED AT S.,W. CORNER OF N. W. 36TH COURT AND N. W. FLAGLER TERRACE, FROM R-2 (TWO- FAMILY) TO C-2 (COMMUNITY COMMERCIAL). Upon being seconded by Mr. Burns, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Burns, Dean, Kalil, Martinez, Silverman, Wright. Mmes. Callahan and McGraner. NAYES: None. Rev. Wright: Unanimous. Judge Deehl: Thank you, very much. -42- January 10, 1972