HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 08-01086zc
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 10, 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 "0" OFFICE TO "C-1" RESTRICTED
COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8055
NORTH MIAMI' AVENUE, 8102, 8112 AND 8128 NORTHEAST MIAMI COURT,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting on March 9, 2009, following an advertised
public hearing, adopted Resolution No. ZB 09-0013 by a vote of four to three (4-3), Item no. Z.7,
recommending approval 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 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, Article 4, Section 401, Schedule of District Regulations, is amended by
changing the zoning classification from "0" office to "C-1" restricted commercial, for the property(ies)
located at approximately 8055 North Miami Avenue, 8102, 8112 and 8128 Northeast Miami Court,
Miami, Florida, as legally described in attached "Exhibit A."
Section 3. 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 area;
City of Miami Page I of 2 Printed On: 3/24/2009
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Ordinance
File Number: 08-01086zc
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 10, 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 "0" OFFICE TO "C-1" RESTRICTED
COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8055
NORTH MIAMI' AVENUE, 8102, 8112 AND 8128 NORTHEAST MIAMI COURT,
MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting on March 9, 2009, following an advertised
public hearing, adopted Resolution No. ZB 09-0013 by a vote of four to three (4-3), Item no. Z.7,
recommending approval 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 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, Article 4, Section 401, Schedule of District Regulations, is amended by
changing the zoning classification from "0" office to "C-1" restricted commercial, for the property(ies)
located at approximately 8055 North Miami Avenue, 8102, 8112 and 8128 Northeast Miami Court,
Miami, Florida, as legally described in attached "Exhibit A."
Section 3. 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 area;
City of Miami Page I of 2 Printed On: 3/24/2009
File Number: 08-01086zc
(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 4. Page No. 10 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. 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. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRIT
CITY ATTORN Y
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 Printed On: 3/24/2009