2000-23954 RESO
RESOLUTION NO. 2000-23954
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO CONSIDER
PROPOSED AMENDMENTS TO THE FUTURE LAND USE MAP AND THE
OFFICIAL ZONING MAP CONSISTING OF:
1. Rezoning - 1733 Michigan Avenue (portion) - (Harris Act Claim)
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 Lot 17,
Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a portion of 1733
Michigan Avenue) from the Current Zoning District Classification RS-4 Single Family
Residential, to the Proposed Zoning District Category RM-l Residential Multi-family Low
Intensity; Amending the Affected Portion of the City's Official Zoning District Map to
Correspond with this Change as Adopted by the City Commission; Providing for Repealer,
Severability and an Effective Date. (File #1424a); and,
2. Future Land Use Map Change -1733 Michigan Avenue (portion) - (Harris Act Claim)
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida,
Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for
Lot 17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a portion of 1733
Michigan Avenue) from the Current Land Use Classification RS Single Family Residential,
to the Proposed Land Use Category RM-l Residential Multi-family Low Intensity; Directing
Transmittals of this Ordinance and All Applicable Documents to Affected Agencies;
Providing for Repealer, Severability, Inclusion in the Comprehensive Plan and an Effective
Date. (File #1424b).
WHEREAS, Norman and Joan Ciment own properties located at 1733 Michigan Avenue
and 1735 Michigan Avenue; and
WHEREAS, on November 4, 1998, the City rezoned numerous properties throughout the
City, including the Ciment properties, to ensure that the City's zoning designations were compatible
with the City's built environment, and for other reasons consistent with the public health, safety and
welfare; and
WHEREAS, on or about January 19, 1999, Norman and Joan Ciment filed a Bert 1. Harris
Act claim with regard to the subject properties with the City of Miami Beach, Florida; and
WHEREAS, the Harris Act makes specific provision for settlement procedures, and the City
and the property owner desire to settle all claims with regard to the Harris Act claim; and
WHEREAS, the City staff has reviewed the Harris Act claim filed on the subject properties,
and has recommended to the City Planning Board that a redesignation of the zoning classification
on the subject properties from the existing zoning district classification RS-4 Single Family
Residential, to the proposed zoning district classification RM-l Residential Multi-family Low
Intensity would be consistent with the public health, safety and welfare; and
WHEREAS, amending the zoning of said properties as more particularly described below,
from the current zoning district classification RS-4 single family residential, to the proposed zoning
district classification RM-1 Residential Multi-family Low Intensity, as provided herein is necessary
to provide for mutual agreement and completion of the settlement agreement between the property
owner and the City of Miami Beach, without creating any significant negative impacts on the
surrounding neighborhood;
WHEREAS, the Planning Board considered the ordinances at its October 26, 1999 meeting,
at which time the Board voted to recommend approval; and
WHEREAS, pursuant to 118-l64( 1) of the Land Development Regulations of the City Code,
for changes to the actual zoning map designation for a parcel or parcels of land involving parcels less
than 10 contiguous acres, the City Commission shall provide for public notice and hearings by
holding one public hearing on the proposed ordinance and may, upon the conclusion of the hearing,
immediately adopt the ordinance.; and
WHEREAS, pursuant to Section 118-164 of the Code of the City of Miami Beach, Florida,
these amendments require a 30 day mailed notice of public hearing, and to enable the City
Commission to hold public hearings on the proposed amendments in a timely manner at its July 12,
2000 meeting, the Administration is requesting that the public hearings be set at this time;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that public hearings to
consider the rezoning and Future Land Use Map change for a portion of 1733 Michigan Avenue are
hereby scheduled on Wednesday, July 12,2000 as follows:
Public Hearings (First and Only - less than 10 acres)
Rezoning - 1733 Michigan Avenue (portion)
Future Land Use Map Change - 1733 Michigan Avenue (portion)
2: 30pm
2:31pm
in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the
City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice
of said public hearing at which time all interested parties will be heard.
PASSED and ADOPTED this ~ day of
June ,2000.
IfI1
MAYOR
ATTEST:
_~~~. f auiu,
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AG ENDA \2000\JUN0700IREG U LAR\CIM ENT .RES
1u/1t~
City Attorney
S/3o/(flJ
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Date
ORDINANCE NO.
AN ORDINANCE OF THE MA YOR 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 LOT 17,
BLOCK 20 OF PALM VIEW SUBDIVISION [PLAT BOOK 6,
PAGE 29] (A PORTION OF 1733 MICHIGAN AVENUE)
FROM THE CURRENT ZONING DISTRICT
CLASSIFICATION RS-4 SINGLE F AMIL Y RESIDENTIAL,
TO THE PROPOSED ZONING DISTRICT CATEGORY RM-l
RESIDENTIAL MULTI-FAMILY LOW INTENSITY;
AMENDING THE AFFECTED PORTION OF THE CITY'S
OFFICIAL ZONING DISTRICT MAP TO CORRESPOND
WITH THIS CHANGE AS ADOPTED BY THE CITY
COMMISSION; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Norman and Joan Ciment own properties located at 1733 Michigan Avenue
and 1735 Michigan Avenue; and
WHEREAS, on November 4, 1998, the City rezoned numerous properties throughout the
City, including the Ciment properties, to ensure that the City's zoning designations were compatible
with the City's built environment, and for other reasons consistent with the public health, safety and
welfare; and
WHEREAS, on or about January 19,1999, Norman and Joan Ciment filed a Bert J. Harris
Act claim with regard to the subject properties with the City of Miami Beach, Florida; and
WHEREAS, the Harris Act makes specific provision for settlement procedures, and the City
and the property owner desire to settle all claims with regard to the Harris Act claim; and
WHEREAS, the City staff has reviewed the Harris Act claim filed on the subject properties,
and has recommended to the City Planning Board that a redesignation of the zoning classification
on the subject properties from the existing zoning district classification RS-4 Single Family
Residential, to the proposed zoning district classification RM-1 Residential Multi-family Low
Intensity would be consistent with the public health, safety and welfare; and
WHEREAS, amending the zoning of said properties as more particularly described below,
from the current zoning district classification RS-4 single family residential, to the proposed zoning
district classification RM-1 Residential Multi-family Low Intensity, as provided herein is necessary
to provide for mutual agreement and completion of the settlement agreement between the property
owner and the City of Miami Beach, without creating any significant negative impacts on the
surrounding neighborhood;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENTS OF ZONING DISTRICTS AND MAP OF
COMPREHENSIVE ZONING ORDINANCE.
That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District
Map of City of Miami Beach referenced in Section 142-72 of the Code of the City of Miami Beach,
Florida, by changing the zoning district classification for Lot 17, Block 20 of Palm View Subdivision
[Plat Book 6, Page 29] (A Portion of 1733 Michigan Avenue); from the existing zoning district
classification RS-4 Single Family Residential, to the proposed zoning district classification RM-1
Residential Multi-family Low Intensity.
SECTION 2. REPEALER.
That 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. EFFECTIVE DATE.
This Ordinance shall take effect on the _ day of , 199_.
PASSED and ADOPTED this _ day of ,199_.
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\PLAN\$PLB\OCnCIMT 1424\ I 424A.ORD
1!(~
City Attorney
!()/s~ff
Date
ORDINANCE NO.
AN ORDINANCE OF THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP OF THE CITY
OF MIAMI BEACH COMPREHENSIVE PLAN FOR LOT 17,
BLOCK 20 OF PALM VIEW SUBDIVISION [PLAT BOOK 6,
PAGE 291 (A PORTION OF 1733 MICHIGAN AVENUE)
FROM THE CURRENT LAND USE CLASSIFICATION RS
SINGLE FAMILY RESIDENTIAL, TO THE PROPOSED
LAND USE CLASSIFICATION RM-I RESIDENTIAL MULTI-
FAMILY LOW INTENSITY; DIRECTING TRANSMITTALS
OF THIS ORDINANCE AND ALL APPLICABLE
DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR
REPEALER, SEVERABILITY, INCLUSION IN THE
COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
WHEREAS, Nonnan and Joan Ciment own properties located at 1733 Michigan Avenue
and 1735 Michigan Avenue; and
WHEREAS, on November 4, 1998, the City redesignated the future land use classification
for numerous properties throughout the City, including the Ciment properties, to ensure that the
City's zoning designations were compatible with the City's built environment, and for other reasons
consistent with the public health, safety and welfare; and
WHEREAS, on or about January 19, 1999, Nonnan and Joan Ciment filed a Bert 1. Harris
Act claim with regard to the subject properties with the City of Miami Beach, Florida; and
WHEREAS, the Harris Act makes specific provision for settlement procedures, and the City
and the property owner desire to settle all claims with regard to the Harris Act claim; and
WHEREAS, the City stafThas reviewed the Harris Act claim filed on the subject properties,
and has recommended to the City Planning Board that a redesignation of the future land use
classification on the subject properties from the existing future land use classification RS Single
Family Residential, to the proposed future land use classification RM-I Residential Multi-family
Low Intensity would be consistent with the public health, safety and welfare; and
WHEREAS, amending the future land use classification of said properties as more
particularly described below, from the current future land use category RS single family residential,
to the proposed future land use category RM-l Residential Multi-family Low Intensity, as provided
herein is necessary to provide for mutual agreement and completion of the settlement agreement
between the property owner and the City of Miami Beach, without creating any significant negative
impacts on the surrounding neighborhood;
NOW THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF FUTURE LAND USE MAP OF CITY OF MIAMI BEACH
COMPREHENSIVE PLAN.
That the Mayor and City Commission hereby amend the Future Land Use Map of the City
of Miami Beach Comprehensive Plan, by changing the land use designation for Lot 17, Block 20 of
Palm View Subdivision [Plat Book 6, Page 29] (A Portion of 1733 Michigan Avenue); from the
existing Future Land Use Category RS Single Family Residential, to the proposed Future Land Use
Category RM-I Residential Multi-family Low Intensity.
SECTION 2. REPEALER.
That 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. EFFECTIVE DATE.
This Ordinance shall take effect on the _ day of , 199_.
PASSED and ADOPTED this _ day of , 199_.
ATTEST:
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\PLAN\$PLB\OCT\CIMT 1424\ 1424 B. ORD
1tI~
/c>;3O!l1
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. c...(-S 4- -Du
FROM:
Mayor Neisen O. Kasdi~~
Members of the City co~Vr' u
Lawrence A. ~err /
City Manager~
Setting of Public Hearings - Proposed Amendments to the Official Zoning Map
and Future Land Use Map Consisting of:
DATE: June 7, 2000
TO:
SUBJECT:
1. Rezoning - 1733 Michigan Avenue (portion) - (Harris Act Claim)
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 Lot
17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a portion of 1733
Michigan Avenue) from the Current Zoning District Classification RS-4 Single Family
Residential, to the Proposed Zoning District Category RM-l Residential Multi-family Low
Intensity; Amending the Affected Portion of the City's Official Zoning District Map to
Correspond with this Change as Adopted by the City Commission; Providing for Repealer,
Severability and an Effective Date. (File #1424a); and,
2. Future Land Use Map Change - 1733 Michigan Avenue (portion) - (Harris Act Claim)
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida,
Amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan for
Lot 17, Block 20 of PALM VIEW SUBDIVISION [Plat Book 6, Page 29] (a portion of
1733 Michigan Avenue) from the Current Land Use Classification RS Single Family
Residential, to the Proposed Land Use Category RM-l Residential Multi-family Low
Intensity; Directing Transmittals of this Ordinance and All Applicable Documents to
Affected Agencies; Providing for Repealer, Severability, Inclusion in the Comprehensive
Plan and an Effective Date. (File #1424b).
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set the required public hearings for a
time certain on July 12,2000 for these proposed amendments to the Official Zoning Map and the
Future Land Use Map.
T:\AG ENDA 12000VUN0700lREGU LARICIMENT.SET
AGENDA ITEM9 H
DATE ro-l-OO
Commission Memorandum
June 7, 2000
Setting Public Hearings for Rezoning and Future Land Use Map Change
Page 2
On November 4, 1998, the City rezoned numerous properties throughout the City, including
properties owned by Norman and Joan Ciment, located at 1733 Michigan Avenue and 1735
Michigan Avenue. In January of 1999, Norman and Joan Ciment filed a Bert J. Harris Act claim
with the City, all claims to which the City and the Ciments now desire to settle.
City staff has reviewed the Harris Act claim filed on the subject properties, and recommended to
the Planning Board that a redesignation ofthe zoning classification on the subject properties from
the existing zoning district classification RS-4 Single Family Residential, to the proposed zoning
district classification RM-l Residential Multi-family Low Intensity would be consistent with the
public health, safety and welfare. On October 26, 1999 the Planning Board voted to recommend
approval of the proposed rezoning, as necessary to provide for mutual agreement and completion
of the settlement agreement between the property owner and the City of Miami Beach, without
creating any significant negative impacts on the surrounding neighborhood.
The subject amendments require a require a 30 day mailed notice of public hearing. Therefore, to
enable the City Commission to hold public hearings on the proposed amendments in a timely
manner at its July 12, 2000 meeting, the Administration is requesting that the public hearings be
set at this time.
Based on the foregoing, the Administration recommends that the City Commission set the required
first and only public hearings regarding the proposed amendments to the Official Zoning Map and
Future Land Use Map, referenced above and more particularly set forth in the attached ordinances,
for July 12,2000, as follows:
Rezoning - 1733 Michigan Avenue (portion)
Future Land Use Map Change - 1733 Michigan Avenue (portion)
2:30pm
2:31pm
LAL~ilrJb.V:
attachments
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