Ord. No. 10-88-1304.'
ORDINANCE NO.10-88-1304
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,GRANTING A RE-ZONING OF PROPERTY FROM
RS-3,LOW DENSITYSINGLE-FAMILY RESIDENTIAL TO RM-24,MEDIUM
DENSITY MULTI-FAMILY RESIDENTIAL,ON PROPERTY LEGALLY
DESCRIBED ASLOT6 PLUS THE E.101 OF LOT 5,ANDLOT5 LESS
THEE.10'THEREOF,OF BLOCK 1,FAIRGLADE MANOR SUBDIVISION,
AS RECORDED AT PLAT BOOK 45,PAGE 79,OF THE PUBLIC RECORDS
OF DADE COUNTY,FLORIDA,A/K/A 5801 AND 5823 S.W.74TH
TERRACE,SOUTH MIAMI,FLORIDA.
AGENDA ITEM PB-88-012
WHEREAS,the applicant has requested a zoning change
from RS-3toRM-24,pursuant tothe City's adopted comprehensive
plan land use designation and the staff recommendation is for
approval;and
WHEREAS,at a public hearing on July 26,1988,the
Planning Board voted 7-0 to grant the request.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That a request to re-zone from a
designation of RS-3 to RM-24 multi-family residential on
property legally described as:
Lot 6 plus the E.10'of Lot 5,and Lot 5 less theE.
10'thereof,of Block 1,Fairglade Manor Subdivision,
as recorded at Plat Book 45,Page 79,ofthe Public
Records of Dade County,Florida,a/k/a 5801 and 5823
S.W.74th Terrace,South Miami,Florida.
is hereby granted.
PASSED AND ADOPTED this 6th dayof September ,1988.
READ AND
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CITY ATTORNE'
sm rezoning.ord
APPROVED
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APPLICANT:Kay Byrne
owner:Kay B?rne
yj-P REFERENCE:5801 and 5823 SW 74 Ter.
CCVMENTS:Change in zoning from RS-3"Low-density Single-
Family Residential"to RM-24,"Medium-mult ifamily
Residential District".
CITY or SOUTH MIAMI -PUNNING &0UD
Compass
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THI CITY Of
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♦130 SUNSET DRIVE,SOUTH MIAMI,TLORIDA S9I4S
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ZONING PE TITION
Property Description,Location and Legal:
5801 SW and 5323 SW 74 Terrace,South Miami,
Fairglade Manor PB 45-79 lot 6 plus E 10'of lot 5,Blk 1
Fairglade Manor?3 45-79 lot 5 less E 10'Blk 1
Request:TheOwners of the above property have made the following request:
Change in present zoning from RS-3 (single family low density)to
RM-24 (high density residential),to comply with the Comprehensive
Plan.
Petition:We,the undersigned property owners,are within 300 feet of the above
property.We understand and approve the above request.
NAME DATE
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50-37 (continued on page 2)Page 1
4SG?SBS».
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday,July 26,1988 at 7:30 PM in the Sylva Martin Building,
the Planning Board of the City of South Miami will conduct a Public
Hearing on the following matter:
PB-88-012
Applicant:Kay Byrne
Request:Change the zoning from RS-3,"Low-Density
Single-Family Residential"to RM-24,"Medium
Multi-Family Residential District".
Location:5801 and 5823 SW 74 Terrace
Legal Description:-Lot 6 plus East 10'of lot 5,block 1of
"Fairglade Manor"subdivision and
-Lot 5 less East 10',block 1 of "Fairglade
Manor"subdivision
Recorded in plat book5atpage79 ofthe
public.records ofDade Ccunty,Florida
YOUAREHEREBYAOVISEOTHATITANYPERSONDESIRESTO APPEAL ANYDECISION MADE WITH RESPECT
TOAHYMATTER CONSIDERED ATTHIS MEETING OR HEARING,SUCH PERSONWILL NEED A RECORD OFTHE
PROCEEDINGS,ANDTORSUCHPURPOSEMAY NEED TOENSURETHATA VERBATIM RECORO OF THCPRO
CEEDINGS IS MADE,WHICH RECOROINCLUDESTHE TESTIMONY ANDEVIOENCE UPON WHICHTHC APPEAL
IS TO BC BASED,(P.S.2M,0105)
PUBLIC HEARING WILL BC HELO IN THC COMMISSION CHAMBERS AT THE CITYHALL,«l>0 SUNSET DRIVE,SOUTH
MIAMI,FLORIDA,AT THC Tl MC AND OATC STATCO ABOVE,
ALL INTERESTED PARTIES ARC URGED TO ATTEND,OBJECTIONS OR EXPRESSIONS OP APPROVAL MAY BC MAOC
IH PERSONATTHC HEARING OR TILED IN WRITINGPRIORTO OR ATTHEHCARINO,THC BOARO RESERVES THC
RIGHTTO RECOMMEND TO THC CITY COMMISSIONWHATEVERTHCBOARD CONSIDERS IN THC BEBT INTEREST FOR
THC ARCA INVOLVED,THC BOARoS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THC CITY COMMISSION
ATA FUTURC OATC,INTERESTED PARTIES REQUESTINGINFORMATIONARCASKEDTOCONTACTTHC OFFICC OP THE
tONiNO dircctor by callino «7-s«*i or by writing.REFER TO HEARING NUMBER WHEN MAKING
INQUIRY,
PLANNING BOARD
1"rev.u-$-«THIS IS A COURTESY NOTICE
City of Soutti Miami
INTER-OFFICE MEMORANDUM
Marien Aran-Spinrad
Director-Building,Zoning
Lnd Cpmmuuity Development
)avid Henderson
Planner Technician
OATE:
subject:
July 20,1988
PB Staff Report
File No:PB-88-012
Applicant:Kay Byrne
Address:5801 and 5823 SW 74 Ter
Request:Change of zoning from "Lov-Density Single-Family Residential
District"(RS-3)to "Medium Multi-Family Residential District"(RM-24)
Legal Description:Lot6 plus the East 10'of lot 5 block 1 of "Fairglade
Manor"Subdivision and lot 5 less the East 10',block 1 of
"Fairglade Manor"Subdivision,recorded in plat book5 at page79
of the public records of Dade County,Florida.
Background
On August 11,1987 the Applicant submitted application PB-87-022 requesting:
1.An amendment to the current Comprehensive Plan's Future LandUse
Map to designate this property for office use,and
•2.Rezoning of this property from the RS-3 classification to the
Residential Office classification.
The Local Planning Agency voted unanimously to recommend denial of the
Comprehensive Planamendment at its meeting of February 23,1988.
The City Commission voted 3 to 1 to deny the requests at its meeting of
April 25,1988.
The current (1981)Comprehensive Plan designates this property as "High
Density Residential".This category permits densities ranging from 18 to
24 units per acre,with the more intensive uses nearer the core of the
community.
Section 13-2-4 of the City's Zoning Ordinance prohibits reconsideration of
"change(s),in the same or substantially similar fonn",for a period of at
least one year,except vhen denied without prejudice,in which case recon
sideration ispossible after sixmonths.
Analysis
The proposed rezoning complies with both the current and proposed Compre
hensive Plans.
.>.
MEMO .'-2-July 20,1988;
Zoning Ordinance section 13-2-4 does not apply to this application because
this request for rezoning is substantially different from the Applicant^
previous request for an amendment to the Comprehensive Plan allowing the
office use.
No additional variances should be required to develop this property
accordingto the regulations ofthe RM-24 zone.
Recommenda tion
Staff recommends approval of the request as it is in compliance with the
Comprehensive Plan (1981),