HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 08-00680zc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 12, 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 PR PARKS AND RECREATION TO SD -1.1
KINGS HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, y
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board, at its meeting on September 16, 2009, following an
advertised public hearing, adopted Resolution No. PAB-09-029 by a vote of seven to zero (7-0), item
No. P.5, recommending denial of the Zoning Change as set forth; and
WHEREAS, the Planning Advisory Board, at its meeting on September 16, 2009, following an
advertised public hearing, adopted Resolution No. PAB-09-029(a) by a vote of seven to zero (7-0),
item No. PA recommending to the Miami City Commission to consider increasing the size of the
existing "Parks and Recreation" zoning in this area and direct the Planning Department to re-examine
the exisiting "R-3" zoning on this block and surrounding blocks; 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, pursuant to the Planning Department's recommendation, 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 PR Parks and Recreation to SD -1.1- King Heights Orchard
Villa Special District, for the property located at approximately 1421 Northwest 61st Street, 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;
City of Miami Page I of 2 Printed On: 10/612009
City Miami
of
`iE6N40AAlF6
Legislation
Ordinance
File Number: 08-00680zc
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 12, 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 PR PARKS AND RECREATION TO SD -1.1
KINGS HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, y
FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board, at its meeting on September 16, 2009, following an
advertised public hearing, adopted Resolution No. PAB-09-029 by a vote of seven to zero (7-0), item
No. P.5, recommending denial of the Zoning Change as set forth; and
WHEREAS, the Planning Advisory Board, at its meeting on September 16, 2009, following an
advertised public hearing, adopted Resolution No. PAB-09-029(a) by a vote of seven to zero (7-0),
item No. PA recommending to the Miami City Commission to consider increasing the size of the
existing "Parks and Recreation" zoning in this area and direct the Planning Department to re-examine
the exisiting "R-3" zoning on this block and surrounding blocks; 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, pursuant to the Planning Department's recommendation, 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 PR Parks and Recreation to SD -1.1- King Heights Orchard
Villa Special District, for the property located at approximately 1421 Northwest 61st Street, 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;
City of Miami Page I of 2 Printed On: 10/612009
File Number: 08-00680zc
(e) will not materially alter the population density pattern or increase. or overtax the load on
public facilities, such as schools, utilities,
changing (f) is necessary due to changed
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;
Q) will not seriously reduce light and air to the 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 4. Page No. 12 of the Zoning Atlas, made a part of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami,
n Fond b reference
ntcription in said
necessary Ordinance, is amended to reflect the changes made Y bY this Amendme
Section 5. 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 6. This Ordinance shall become effective thirty-one (31) days after second reading
and adoption thereof, pursuant and subject to § 163.3187(3)(c), Florida Statutes. {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 date stated herein, whichever is later.
2 Printed Ott: 10/6/2009
Page 2 of
City of Miarru