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J-02-994 -
12/10/02 12322
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 37 OF THE ZONING ATLAS OF
ZONING ORDINANCE NO. 11000, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM (0)
"OFFICE" TO (C-1) "RESTRICTED COMMERCIAL"
FOR A PORTION OF VACATED SOUTHWEST 14TH
STREET FROM THE METRO -RAIL RIGHT-OF=WAY TO
SOUTHWEST 15TH ROAD, MIAMI, FLORIDA; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 6, 2002, Item No. 7, following an advertised hearing,
adopted Resolution No. PAB 78-02 by a vote of eight to zero
(8-0), RECOMMENDING APPROVAL of amending the Zoning Atlas as
hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
the Zoning Atlas of the Zoning Ordinance No. 11000 as hereinafter
set forth;
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NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida, Page
37, Article 4, Section 401, Schedule of District Regulations, is
amended by changing the zoning classification from (0) "Office"
to (C-1) "Restricted Commercial" for a portion of vacated SW 14th
Street from the Metro -Rail right-of-way to SW 15th Road, Miami,
Florida, more particularly described as Tract F of Tentative Plat
No. 1594-A, BRICKELL WEST THREE SUBDIVISION.
Section 3. It is found that the proposed Zoning
designation change:
(a) is necessary due to apply the designation that allow to
develop an un -buildable parcel; -
(b) is consistent with the proposed intent and use of the
said property;
(c) is consistent with Zoning Ordinance 11000;
(d) is positive and will not impose an adverse effect on
the area.
Page 2 of 4
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Section 4. Page No. 37 of the Zoning Atlas, made a part
of Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description in said
Ordinance, is amended to reflect the changes made necessary by
this Amendment.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 6. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty-
one (31) days after second reading and adoption thereof pursuant
and subject to § 163.3187 (3) (c) , Fla. Stat. (2001) .11
PASSED ON FIRST READING BY TITLE ONLY this
December , 2002.
12th day of
1/ This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten days from the date it was passed and adopted.
If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
Page 3 of 4
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 23rd day of January , 2003.
ATTEST:
PRISCILLA A. THbMfSbN
CITY CLERK
APPROVED AS --TO
WANDRO VILARELLO
TY ATTORNEY
W1361:GKW:et:BSS
CORRECTNESS:
Page 4 of 4
•
ANUEL A. DIAZ, MAYOR
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ITEM PZ 8
SECOND READING
PLANNING FACT SHEET
APPLICANT
HEARING DATE
REQUEST/LOCATION
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER
Planning and Zoning Department
November 6, 2002
A portion of vacated SW 14th Street from the Metro -Rail
Right -of -Way to SW 15th Road
Complete legal description on file with Hearing Boards.
Consideration of amendment to the Atlas of Zoning
Ordinance 11000 for a portion of vacated SW 141h Street
from the Metro -Rail right-of-way to SW 15th Road, Miami,
Florida from O Office to C-1 Restricted Commercial.
Recommended approval.
See supporting documentation.
s�
Recommended approval to VOTE: 8-0
City Commission.
Passed First Reading on
December 12, 2002.
2002-0075 Item # 7
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2N0 AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 1/13/2003 Page 1
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ANALYSIS FOR ZONING CHANGE REQUEST
A Portion of vacated SW 14th St. from the Metro -Rail right-of-way to SW 15th Road.
CASE NO: 2002-0075
The requested proposal has been reviewed for a change to the Zoning Atlas of Zoning
Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. The
said proposal will change the current zoning designation from (0) "Office" to (C-1)
"Restricted Commercial".
The Planning and Zoning Department is recommending approval of this
amendment as presented based on the following findings:
• It is found that the subject property, Tract F, with an area of 6,723 square feet is
located within a larger subdivision area that consists of over 193,000 square feet and
it is also found that the subject property is part of a recent street closure within this
subdivision.
• It is found that the entire portion of the subdivision located south of the subject
property was re -zoned from "O" Office to "C-1" Restricted Commercial within the
last year and the subject parcel, Tract F, was a remnant parcel and not included in the
previous re -zoning.
• It is found that the subject property is adjacent to areas designated "Restricted
Commercial", and that as an un -buildable parcel within this subdivision, should not
remain under the "Office" designation.
• It is found that the recommendation is consistent with the use of the adjacent
properties.
Based on these findings, the Department of Planning and Zoning is
recommending approval of the requested Amendment to the Zoning Atlas of
Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida.
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RESOLUTION PAB - 78-02
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION TO AMEND PAGE NO. 37 OF THE ZONING ATLAS
FROM ORDINANCE 11000, AS AMENDED, ZONING ORDINANCE OF
THE CITY OF MIAMI, BY CHANGING THE ZONING DESIGNATION
FOR A PORTION OF VACATED SOUTHWEST 14T" STREET FROM
THE METRO -RAIL RIGHT-OF-WAY TO SOUTHWEST 15T" ROAD,
MIAMI, FLORIDA, FROM O OFFICE TO C-1 RESTRICTED
COMMERCIAL.
HEARING DATE: November 6, 2002
ITEM NO.: 7
VOTE: 8-0
ATTE :
a Gelabert-Sanc ez, D' c or
Planning and Zoning Department
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