HomeMy WebLinkAboutCC Legislation (Version 5)File Number: 08-01084zc
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 34, 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-1" SINGLE-FAMILY RESIDENTIAL AND
"R-2" TWO-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL AND
"R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD -12" BUFFER OVERLAY
DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524,
2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET AND THREE
UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0280,
01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Zoning Board, at its meeting on September 21, 2009, following an
advertised public hearing, adopted Resolution No. ZB-R-09-0052, by a vote of three to five (3-5), item
no. Z.1, recommending approval, which failed, constituting a recommendation of denial of the Zoning
Change as set forth; and
WHEREAS, the Miami Zoning Board, at its meeting on September 21, 2009, following an
advertised public hearing, adopted Resolution No. ZB-R-09-0052a, by a vote of five to three (5-3), item
no. Z.1, recommending to the City Commission that the board will not object to an "SD -12" Overlay for
all parcels included on the application, to achieve the parking needs of Miami -Dade College; and
WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, 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 COMMI,SSION 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 "R-1" Single -Family Residential and "R-2" Two -Family
Residential to "R-1" Single -Family Residential and "R-2" Two -Family Residential with an "SD -12"
Buffer Overlay District, for the properties located at approximately 2508, 2524, 2534, 2538, 2590,
2600, 2610 and 2620 SW 5th Street and three unassigned addresses, having folio numbers 01-4103-
037-0280, 01-4103-037-0430 and 01-4103-037-0431, Miami, Florida, as legally described in attached
City of Miami Page 1 of 2 Ile Id: 08-0I084ze (Version: 5) Printed On: 2/5/2010
City of Miami
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lick P Dix,[ J ,
Legislation
Miami, FL 33133
www.miamigov.com
Ordinance
File Number: 08-01084zc
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 34, 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-1" SINGLE-FAMILY RESIDENTIAL AND
"R-2" TWO-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL AND
"R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD -12" BUFFER OVERLAY
DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524,
2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET AND THREE
UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0280,
01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Zoning Board, at its meeting on September 21, 2009, following an
advertised public hearing, adopted Resolution No. ZB-R-09-0052, by a vote of three to five (3-5), item
no. Z.1, recommending approval, which failed, constituting a recommendation of denial of the Zoning
Change as set forth; and
WHEREAS, the Miami Zoning Board, at its meeting on September 21, 2009, following an
advertised public hearing, adopted Resolution No. ZB-R-09-0052a, by a vote of five to three (5-3), item
no. Z.1, recommending to the City Commission that the board will not object to an "SD -12" Overlay for
all parcels included on the application, to achieve the parking needs of Miami -Dade College; and
WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, 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 COMMI,SSION 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 "R-1" Single -Family Residential and "R-2" Two -Family
Residential to "R-1" Single -Family Residential and "R-2" Two -Family Residential with an "SD -12"
Buffer Overlay District, for the properties located at approximately 2508, 2524, 2534, 2538, 2590,
2600, 2610 and 2620 SW 5th Street and three unassigned addresses, having folio numbers 01-4103-
037-0280, 01-4103-037-0430 and 01-4103-037-0431, Miami, Florida, as legally described in attached
City of Miami Page 1 of 2 Ile Id: 08-0I084ze (Version: 5) Printed On: 2/5/2010
File Number: 08-01084zc
"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;
(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 sous to compromise the
protection of the public welfare.
Section 4. Page No. 34 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.
Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof pursuant and subject to §163.3187(3)(c). {1}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
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 He Id: 08-01084zc (Version: 5) Printed On: 2/5/2010