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HomeMy WebLinkAboutItem #57 - First Reading Ordinancer A00" J-84-921 10/15/84 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA GENERALLY BOUNDED BY BISCAYNE BOULEVARD, NORTHEAST 2N D AVENUE, I-395, AND THE F.E.C. RIGHT-OF-WAY (PORT RAILROAD) (MORE PARTICULARLY DESCRIBED HEREIN), FROM CG-1/7 GENERAL COMMERCIAL AND CR-3/7 COMMERCIAL RESIDENTIAL TO SPI-16.1 SOUTHEAST OVERTOWN/PARK WEST COMMERCIAL RESIDENTIAL DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 23 AND 36 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIP- TION IN ARTICLE 3, SECTION 300 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 5, 1984, Item No. 5, following an advertised hearing, adopted Resolution No. PAB 96-84, by a 5 to 1 vote, RECOMMENDING APPROVAL of a change of zoning classification, 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 grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordinance No. 9500, the zoning ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of the area generally bounded by Biscayne Boulevard, Northeast 2nd Avenue, I-395, and the F.E.C. right-of-way (Port Railroad), more particularly described as Block 60N, Lots 1-6, 41N, 40N, 21N, 20N of MIAMI NORTH (A. L. KNOWLTON B-41); and HOWARD JOHNSON SUB 79-89; and RLTY SEC CORP 3-172, of the Public Records of Dade County, Florida, from CG-1/7 General Commercial and CR-3/7 Commercial Residential to SPI-16.1 SOUTHEAST OVERTOWN/PARK WEST COMMERCIAL RESIDENTIAL DISTRICT. KOS Section 2, It is hereby found that this zoning classi- fication change: i (a) Is in conformity with the adopted Miami Comprehensive i Neighborhood Plan; (b) Is not contrary to the established land use pattern; (c) Will not create an isolated district unrelated to f I: adjacent and nearby districts; (d) Is not out of scale with the needs of the neighborhood or the City; (e) Would not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Is necessary due to changed or changing conditions; (g) Will not adversely influence living conditions in the neighborhood; (h) Will not create or excessively increase traffic congestion or otherwise affect public safety; (i) Will not create a drainage problem; (j) Will not seriously reduce light and air to adjacent area; (k) Will not adversely affect property values in the adjacent area; (1) Will not be a deterrent to the improvement or develop- ment of adjacent property in accordance with existing regulations; (m) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare; Section 3. Pages No. 23 and 36 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Fj Article 3, Section 300 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 200th� day of December , 1984. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this -2- �sk day of , 1984. ATTEST: RALPH G. ONGIE City Clerk PREPARED AND APPROVED BY: -4 a S. E. MAXWELL istant City Attorney AP PRO ED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY 10+1 City Attorney JEM/wpc/pb/332 Mayor -3-