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Ordinance: 13053
File Number: 07-00797zc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/26/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 37, OF THE ZONING ATLAS OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL WITH AN "SD -12" BUFFER OVERLAY DISTRICT TO "C-1"
RESTRICTED COMMERCIAL WITH AN "SD -25" SOUTHWEST 8TH STREET
SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE AND 513, 515,
517, 519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting on February 25, 2008, Item No. 3, following
an advertised public hearing, adopted Resolution No. ZB 08-013 by a vote of six to three (6-3) vote,
recommending DENIAL of the Zoning Change as 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. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, is amended by
changing the zoning classification from "R-3" Multifamily Medium -Density Residential with an "SD -12"
Buffer Overlay District to "C-1" Restricted Commercial with an "SD -25" Southwest 8th Street Special
Overlay District, for the properties located at approximately 826, 832 and 844 SW 5th Avenue and
513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street, Miami, Florida, as legally
described in attached "Exhibit A."
Section 2. It is found that this zoning classification change:
(a) is in conformity with the adopted Miami Comprehensive Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood or the City;
(e) will 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;
City of Miand Page 1 of 2 File Id. 07-007977c (Version: 3) Printed On: 5/31/2017
File Number: 07-00797zc
Enactment Number: 13053
(i) will not create a drainage problem;
0) will not seriously reduce light and air to adjacent area;
(k) will not adversely affect property value in the adjacent area;
(1) will not be a deterrent to the improvement or development of adjacent property in accord with
existing regulations; and
(m)will not constitute a grant of special privilege to an individual owner so as to compromise the
protection of the public welfare.
Section 3. 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 4. Prior to the rendition of this Ordinance, the Applicant will submit a covenant containing
the conditions proffered at the City Commission public hearing of February 26, 2009. The covenant
shall be in a form acceptable to the Planning Director, as to content, and in a legal form acceptable to
the City Attorney.
Section 4. 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 5. This Ordinance shall become effective as provided by law.
Footnotes:
{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.
City of Miami Page 2 of 2 File Id. 07-007977c (Version: 3) Printed On: 5/31/2017