HomeMy WebLinkAbout2005-3491 Ord.
ORDINANCE NO. 2005-3491
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL
ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING
THE ZONING DISTRICT CLASSIFICATION FOR THE PARCELS OF
LAND WITH STREET ADDRESSES OF 2608 BIARRITZ DRIVE AND
2614 BIARRITZ DRIVE, MORE PARTICULARLY DESCRIBED IN THE
LEGAL DESCRIPTIONS ATTACHED AS AN EXHIBIT HERETO FROM
THE CURRENT GU, "GOVERNMENT USE," TO THE PROPOSED
ZONING CLASSIFICATION RS-3 "RESIDENTIAL SINGLE-FAMILY
DISTRICT;" PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on June 6, 1990, the Mayor and City Commission adopted
Resolution No. 90-20010, authorizing the execution of a purchase and sale agreement
with Mr. Milton Lavernia for the sale of Parcels 2 and 3 (the Properties) in Normandy
Isle, located at 2608 and 2614 Biarritz Drive (f1k1a 1185 and 1205 North Shore Drive),
Miami Beach, Florida, further declaring Parcels 2 and 3 surplus properties; and
WHEREAS, in October 1991, Mr. Lavernia individually sold one parcel to Eva
Yelin and one parcel to Samuel Yelin; and
WHEREAS, The Properties are located in an area that has a GU (Government
Use) zoning district classification and are also adjacent to a single-family residential
district with a zoning district classification of RS-3 (Single Family Residential District),
and as such the City Administration has deemed that an RS-3 designation would be the
most appropriate for the Properties in private ownership; and
WHEREAS, pursuant to Section 142-425, of the Miami Beach City Code, "Upon
the sale of GU property, the zoning district classification shall be determined, after
public hearing with notice pursuant to Florida Statutes, by the City Commission in a
manner consistent with the comprehensive plan"; and
WHEREAS, the action to initiate the required change in zoning district
classifications for the respective Properties were not undertaken at the time the
Properties were conveyed; and
WHEREAS, the City Administration deemed that the required change in zoning
district classification should be pursued at this time, in accordance with the applicable
City Code requirements, in order to address the previous oversight and recommended
same to the Mayor and City Commission on June 8, 2005; and
WHEREAS, on June 8, 2005, the Mayor and City Commission adopted
Resolution No. 2005-25916 setting the required public hearing for July 27,2005; and
WHEREAS, the Properties are located adjacent to a single-family residential
district with a zoning district classification of RS-3 (Single Family Residential District),
and as such the City Administration has deemed that an RS-3 designation would be the
most appropriate for the Property in private ownership.
WHEREAS, the full legal descriptions of the Affected Properties are contained in
the Exhibit attached to this Ordinance, and shortened descriptions of said property will
be codified in the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
The following amendments to the City's zoning map designation for the properties
described herein are hereby approved and adopted and the Planning Director is hereby
directed to make the appropriate changes to the zoning map of the City:
A parcel of land commonly referred to as 2608 Biarritz Drive, Miami Beach,
Florida, approximately 12,052 square feet, from the current GU, "Government
Use," to the proposed zoning classification RS-3, "Single Family Residential."
and
A parcel of land commonly referred to as 2614 Biarritz Drive, Miami Beach,
Florida, approximately 12,008 square feet, from the current GU, "Government
Use," to the proposed zoning classification RS-3, "Single Family Residential."
SECTION 2.
REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 3.
SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is
held invalid, the remainder shall not be affected by such invalidity.
SECTION 4.
CODIFICATION. It is the intention of the City Commission that this Ordinance be
entered into the Code, and it is hereby ordained that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word. The Exhibit to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
2
SECTION 5.
EFFECTIVE DATE. This ordinance shall take effect ten days after adoption.
PASSED and ADOPTED this 27th day of
, A TTEST:- ' "
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CITY CLERK
Robert Parcher
David Dermer
11lf /05
. DATE
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LAN ING DIRECTOR
Jorge Gomez
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CIT~RNEY J1J--
'7/ tv! OJ
DATE
T:\AGENDA\2005\JuI2705\Regular\Y elinZoningChangeORD ,rev.doc
3
,2005.
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance Amending The Official Zoning District Map, Referenced In Section 142-72 Of The Code Of
The City Of Miami Beach, Florida, By Changing The Zoning District Classification For The Parcels Of Land
With Street Addresses Of 2608 Biarritz Drive And 2614 Biarritz Drive, From The Current GU, "Government
Use," To The Proposed Zoning Classification RS-3 "Residential Single-Family District;" Providing For
Codification, Repealer, Severability And An Effective Date.
Issue:
Shall the City Commission adopt the Ordinance changing the zoning district classification?
Item Summary/Recommendation:
On June 6, 1990, the Mayor and City Commission adopted Resolution No. 90-20010, authorizing the
execution of a purchase and sale agreement with Mr. Milton Lavernia for the sale of Parcels 2 and 3 (the
Properties) in Normandy Isle, located at 2608 and 2614 Biarritz Drive (f/kla 1185 and 1205 North Shore
Drive), Miami Beach, Florida, further declaring Parcels 2 and 3 surplus properties. In October 1991, Mr.
Lavernia individually sold one parcel to Eva Yelin and one parcel to Samuel Yelin. The actions to initiate
the required change in zoning district classifications, for the respective Properties, were not undertaken at
the time the Properties were conveyed. The Administration deemed that the required change in zoning
district classification should be pursued at this time. As such, in accordance with the applicable City Code
requirements, and in order to address the previous oversight, recommended same to the Mayor and City
Commission on June 8, 2005, at which time the Mayor and City Commission set the required Public
Hearing for July 27, 2005.
The Administration recommends that the Mayor and City Commission adopt the Ordinance changing the
zoning district classification from GU to RS-3.
Advisory Board Recommendation:
I N/A
Financial Information:
Finance Dept.
Approved
Source of
Funds:
D
City Clerk's Office Legislative Tracking:
I Tim Hemstreet/Joe Damien
AGENDA ITEM
DATE
Rs-.B
7-2.7-0~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www,miamibeachfl,gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: July 27,2005
Members of the City Commission
Jorge M. Gonzalez \- ~ FIRST & ONLY READING
City Manager U PUBLIC HEARING
AN ORDINANCE OF THE MA VOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, BV CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCELS OF LAND WITH
STREET ADDRESSES OF 2608 BIARRITZ DRIVE AND 2614 BIARRITZ
DRIVE, MORE PARTICULARL V DESCRIBED IN THE LEGAL
DESCRIPTIONS ATTACHED AS AN EXHIBIT HERETO FROM THE
CURRENT GU, "GOVERNMENT USE," TO THE PROPOSED ZONING
CLASSIFICATION RS-3 "RESIDENTIAL SINGLE-FAMIL V DISTRICT;"
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANAL VSIS
On June 6, 1990, the Mayor and City Commission adopted Resolution No. 90-20010,
authorizing the execution of a purchase and sale agreement with Mr. Milton Lavernia for
the sale of Parcels 2 and 3 (the Properties) in Normandy Isle, located at 2608 and 2614
Biarritz Drive (f/k/a 1185 and 1205 North Shore Drive), Miami Beach, Florida, further
declaring Parcels 2 and 3 surplus properties. In October 1991, Mr. Lavernia individually
sold one parcel to Eva Yelin and one parcel to Samuel Yelin.
The Properties are located in an area that has a GU (Government Use) zoning district
classification and are also adjacent to a single-family residential district with a zoning
district classification of RS-3 (Single Family Residential District), and as such the City
Administration has deemed that an RS-3 designation would be the most appropriate for
the Properties in private ownership.
Pursuant to Section 142-425, of the Miami Beach City Code:
"Upon the sale of GU property, the zoning district classification shall be determined,
after public hearing with notice pursuant to Florida Statutes, by the City Commission in
a manner consistent with the comprehensive plan."
The action to initiate the required change in zoning district classifications forthe respective
Properties was not undertaken at the time the Properties were conveyed.
The Administration deemed that the required change in zoning district classification should
be pursued at this time, in accordance with the applicable City Code requirements, in
order to address the previous oversight. As such, pursuant to Section 142-425 of the
Miami Beach City Code, on June 8, 2005, the Administration recommended to the Mayor
and City Commission that the required Public Hearing be set for July 27, 2005, to consider
an amendment to the zoning map by changing the zoning district classification of the
Properties from GU (Government Use) to RS-3 (Single Family Residential), and in
accordance with the City's Comprehensive Plan and Land Development Regulations. The
Mayor and City Commission adopted Resolution No. 2005-25916 setting the public
hearing for July 27,2005.
Moreover, pursuant to Section 118-164 of the City Code, when there are changes to the
zoning map designation for a parcel or parcels of land and, and the proposed amendment
involves less than ten contiguous acres (the area of the subject Properties collectively are
approximately 0.55 acres), notice shall be given by mail to the owners of record of land
lying within 375 feet of the subject Property(ies), of the proposed zoning map designation
change. Such notice shall be given at least 30 days prior to the date set for the public
hearing, and a copy of such notice shall be kept available for public inspection during the
regular business hours of the Office of the City Clerk. The required notice was duly
mailed on June 16, 2005, to the property owners of record within the required mailing
area, advising that the Mayor and City Commission would be holding a public hearing on
the proposed ordinance on July 27,2005, at 10:30 a.m. Upon conclusion of the public
hearing, the Mayor and City Commission may immediately adopt the ordinance.
Fiscal Impact
The transfer of title to the private sector in 1990 effectively eliminated the City's
responsibility for maintaining the subject Properties, as well as placing same on the Ad
Valorem Tax rolls, which resulted in the respective annual increase to the City's share of
Ad Valorem taxes.
JMG:TH:J~c:j
F:\DDH P\$ALL \ASSET\2620BiarritzDrive\Y elinZoningChangeM EM .doc
2608 BIARRITZ DRIVE, MIAMI BEACH, FLORIDA
Commcnce'l the Northwest COrDer ofTnct46A, NORMANDY GOLF COURSE SUBDIVISION, IccordinllO tbe plat tbereof
recorded iD Plat Book 44, at Pace 62, Public: Records or Dade County, Florida. said point also known IS tbe: Nortbwest corner
of Lot 18. IUbdivWoa ofTrlct 46A, of the NORMANDY GOLF COURSE SUBDIVISION, Plat Book SS,P18e 95, Public Records
of Dade CoUDty, f1ocida; thence from the: northerly liDe of &aid tract 46A. dcOectiag 79.)6')4" to the left to tangent of. circular
CUM coaCA\'C to the southeast, havjq I ceatral aagJe of 7. 15':M" IDd I radius of 2225.00 fc:c:t and rims along the arc of llid curve:
for a distaDCC of 281.80 fect to the POINT OF BEGINNING, thence cooliDue along said circular curve concave to tbe lOutbeast
hiving I central ....e of 1"52'23" and I radius of 2225.00 feet for an arc distance of 72.73 feel to I paiDt , said poiDt being the:
southwest COrDcr olatract orland described u Parcel 2; thence run South SS"44"37" East (or I distance of 145.73 (cel to I point,
said point beiDa the lOutheast COrDer of said Parcel 2; thence run aloag the arc of a curve: concave to the: east, baYiDg a central
angle of 16"57'56" and a radius of 288.11 fc:c:t for a distance of 85.31 feet to a poiDI; thence run Nortb 81"42'15" West for a
distlDCC of 167.79 feet to the POINT OF BEGINNING. Said lands located, lying and being in the: city of Miami Beach, Florida,
and coarainiaa 11DS2 square feet more or less.
- "
2614 BIARRITZ DRIVE, MIAMI BEACH, FLORIDA
Commeace at the Northwest corner of Tract 46A, NORMANDY GOLF COURSE SUBDMSION, according to the plat thereof
recorded ia Plat Book 44, It Paac 62, Public: Records olDadc CoaDty, florid&, laid point also knOWD IS the Northwest torner
of Lot 18, IUbdMsD of Trlct 46A, of the NORMANDY GOLF COURSE SUBDIVISION, Plal Book 55, Peae 95, Public
Records of Dade CouDty, Florida; dIeace &om the Nortbcrly Iiac of Tract 4M defledil'l 79"36'34" to the left lo the tlDlCDt of
I circular curve, c:oac:aw: to the Southeast, having a CCDtrII aaaIc 9"07'46" ad I radius of 2225.00 feet and r11IlS alo.. the arc of
said curve for a dislIKe of 3.S4-S3 feet to the POINT OF BEGINNING, theDCiC coatiDue alo.. said circular curve COOCAw: to the
Southeast, laaYiD& . ceatraI aasle of 01-5273- aDd . radius of 2225.00 feet far ID arc distance of 72.73 feet to poiDt, said point
beiDa the Southwat COI'DCr of a tract of laud cIac:ribed. Parcell; thcac:e run north SS"12'3T Eat for a distlDc:e of 152.11 feet
to a poiDt, said poiDt beiDa the SoutJacut corDCf of said Parcel 1; thenc:c I'UD aIona . compoUDd curve, CODca~ to the Southeast
haW. a central aaaJc of Q2"12'3r and a radius of SM.71 feet far ID arc distMc:e of 21.00 feet;thence run aJoaa laid compound
cune haw., a ccatral -.Jc of 15"12'24" and a radius of 288.11 feel for .. arc distaDce of 76.46 fc:c:tto I point; cbenc:e run North
SS-44'37" West for a distance of 145.73 feel 10 the POINT OF B~INNING, &aid lands located, lying and beiDg ia the Ciry of
Miami Beach. f10ricIa and COIltainiaa 1.1.(OJ SQuare feet morc or leu.
CITY OF MIAMI BEACH
PROPOSED ZONING MAP CHANGE
NOTICE TO THE PUBLIC
m
THE CITY OF MIAMI BEACH CITY COMMISSION will hold a public hearing on the following ordinance on
WEDNESDAY, July 27,2005 at 10:30 a.m. in the City Commission Chambers, Third Floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida 33139, or as soon thereafter as this matter can be heard:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED
IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCELS OF LAND
WITH STREET ADDRESSES OF 2608 BIARRITZ DRIVE AND 2614 BIARRITZ DRIVE,
MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTIONS ATTACHED AS
AN EXHIBIT HERETO FROM THE CURRENT GU, "GOVERNMENT USE," TO THE
PROPOSED ZONING CLASSIFICATION RS-3 "RESIDENTIAL SINGLE-FAMILY
DISTRICT;" PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
N
A
l"~~~~
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Inquiries may be directed to the Planning Department at (305) 673-7550.
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please
contact 305-604-2489 (voice), 305-673-7218(TTY) five days in advance to initiate your request. TTY users may also call
711 (Florida Relay Service).
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. CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBVgiven that a public hearing will be held by the Mayor
andf:;ity Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Cent~r Drive, Miami Beach, i
Florida, on Wednesday, July 27, 2005, at or no earlier than 10:30 a.m.,
pursuant. to Miami Beach City Code 142-425, Miami Beach City Code, To
Consider An Amendment . To The Zoning Map By Changing. The. Zoning ,
District. Classification Of The Properties Located at 2608 And 2614 Biarritz I
Dfive(F/KlA1185 And 1205 Nortfl Shore Drive), FromGU (Government I
Use) To RS-3(Single Family Residential), Following The Conveyance .By The
City'To A Private Party, AI If) Accordance With The City's Comprehensive
Plan And, La"d Development. Regulations.
Inquiries may be directed to the Planning Departmentat(305) 673-7550.
INTERESTEDPART.IESare invited' to appear at this meeting, or be
represented by an agent, or' to expJess their views in writing addressed to
the City Commission, c/o the City Clerk, 1700"Convention Center Drive, 1st:
Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued'
and under such circumstances additional Jegal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to i
appeal any decision made by the City Comll1ission with respect to any matter considered at its meeting or
its hearing, such person must ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent. by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nOr
does it authorize challenges or appeals not otherwise allowed by law.
To requeslthis material in accessible format, sign language interpreters, information on access for
persons with disabilities, and/or any accommodation to review any document or participate in any city
sponsored proceeding, please contact (305)604-2489 (voice), (305) 673-7218 (TTY) five days in
advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
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