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Ordinance: 13069
File Number: 09-00143zc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/28/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 35, 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, TO "R-3" MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL WITH AN "HP" HISTORIC PRESERVATION
OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 138
NORTHWEST 16TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on March 4, 2009, Item No.
P.2, following an advertised public hearing, adopted Resolution No. PAB 09-010 by a vote of six to
zero (6-0), recommending APPROVAL of an amendment to Ordinance No. 11000, as amended; 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 citizens to amend its Zoning
Ordinance 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" to R-3
"Multifamily Medium -Density Residential", with an "HP Historic Preservation Overlay District" for the
property located at approximately 138 Northwest 16th Avenue, Miami, Florida; legally described as
the North 85 feet of Lots 1 and 2, less the North 10 feet thereof for road right-of-way, in Block 56, of
LAWRENCE ESTATE LAND CO.'S SUBDIVISION, according to the Plat thereof, recorded in the Plat
Book 2, page 46, of the Public Records of Miami -Dade County, Florida.
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;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent areas;
City of Miand Page 1 of 2 File Id. 09-001437c (Version: 2) Printed On: 6/20/2017
File Number: 09-00143zc
Enactment Number: 13069
(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 privileges to an individual owner, so as to compromise
the protection of the public welfare.
Section 3. Page No. 35 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 by this Amendment.
Section 4. If any section, part of a 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 thirty (30) days after second reading and
adoption thereof pursuant and subject to § 163.3187(3)(c). {1}
Footnotes:
{1} This Ordinance shall become effective as specified 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, whichever is later.
City of Miami Page 2 of 2 File Id. 09-001437c (Version: 2) Printed On: 6/20/2017