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HomeMy WebLinkAboutItem #64 - First Reading OrdinanceIV J-84-926(A) 9/28/84 ORDINANCE NO. AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 1533.3 OF SECTION 1530 ENTITLED SPI-3: COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT" BY PROVIDING AN EXCEPTION TO THE HEIGHT LIMIT IN RO-3/6 DISTRICTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board at its meeting of September 19, 1984, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 106-84 by a 5 to t , RECOMMENDING APPROVAL of amending Ordinance No. 9500, as a ed, as herein- after set forth; and WHEREAS, the City Commission, ft r arefu nsideration of this matter, deems it advisable and n he best nterest of the general welfare of the ity of Miam nd its inhabitants to grant these amendments, as ere nafte s t forth; NOW, THEREFORE, BE IT 0 I ED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. na c No. 9500, the Zoning Ordinance of the City of Miami, or a is hereby amended by amending the text of said or inance a follows:l "ARTICL 15. SPI: SPECIAL PUBLIC INTEREST DISTRICTS General Provisions 1 * n i SF TION N n 0. SPI-3: COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT. I 1533. CLASS C SPECIAL PERMIT. 533.3. Special Height Limits. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Remaining provisions remain unchanged. Asterisks indicate omitted and unchanged material. E CITY OF MIAMI, FLORIDA L1J-OFFICE MEMORANDUM To 5t�A20 Ralph G. Ong1 , . City Clerk t,Lj'V'"' C�jI b� M`�M DATE March 19, 1985 FILE SUBJECT Ordinance Amending SPi-3- Coconut Grove Major Streets Overly District FROM REFERENCES 1 E. Maxwell City Commission Agenda - Item (:A istant City Attorney No. 21 - December 20th, 1984, ENCLOSURES and City Commission Agenda Item NO. 37 - anuary , 1985 This memo serves to confirm our recent telephone conver- sation wherein I advised you that the referenced Agenda Item, identified as J-84-926(A), was validly passed by the City Commission during the referenced meetings, having had the two hearings required of all zoning ordinances prior to passage and adoption. The subject ordinance was part of a much larger "Amendment L" that was before the City Commission on first reading December 20, 1984. This item was identified on said Agenda as Item No. 21. As the Clerk's minutes indicate, the specific section pertaining to SPI-3 was lifted from the total "Amendment L" package and separately passed on First Reading. The balance of Amendment L was continued to a later meeting. I am of the opinion that this passage by the Commission on December 20, 1984, constituted a valid "First Reading" for the SPi-3 Section. On January loth, 1985, this excerpt returned to the City Commission for its Second Reading. During said meeting it was erroneously referred to by the Mayor as being there on First Reading. As a result of this reference by the Mayor, the January 985, Clerk's Re ort was erroneously marked to show the Item on "First Rea ing or that specific meeting, instead of the correct "Second Reading." Applicable City Charter, Code and Statutory provisions mandate that Zoning Ordinances be read by title on two separate occasions. This was done. Legal requirements have been complied with. Absent some other legal impediment, the subject ordinance should be published and codified by the City Clerk's Office. i - i Ralph G. bngie March 19, 1985 City Clerk Page 2 Additionally, the scrivener's errors now contained in the January loth, 1985, City Clerk's Rej2ort should be corrected to show the proper sequence o "Readings- or this ordinance. JEM/wpc/ab/399 cc: Lucia A. Dougherty, City Attorney Walter Pierce, Asst. City Manager Aurelio Perez-Lugones, Director Planning and Zoning Boards Administration Sergio Rodriguez, Director, Planning Department