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File 1lumber: 10-00491zc
City of Miami
Legislation
Ordinance
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 THE ZONING ATLAS OF ORDINANCE NO. 13114 AS AMENDED,
THE ZONING ORDINANCE OF'THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION FROM "R-2" (IN ZONING ORDINANCE NO.
11000, AS AMENDED) TWO-FAMILY RESIDENTIAL WITH AN "SD -28" VILLAGE
WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD -3" COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT TO "URBAN CORE TRANSECT
(T6-8 0)", AND "NCD -3" COCONUT GROVE NEIGHBORHOOD CONSERVATION
DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3825 DAY
AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 16, 2010,
following an advertised public hearing, adopted Resolution No. PZAB-R-10-004 by a vote of seven to
one (7-1), item no. 6, 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. 13114, as amended, the Zoning Ordinance of the
City of Miami, Florida, is amended by changing the zoning classification from "R-2" (in Zoning
Ordinance No. 11000, as amended) Two -Family Residential with an "SD -28" Village West Island
Special Overlay District and "NCO -3" Coconut Grove Neighborhood Conservation District to "Urban
Core Transect (T6-8 0)", and "NCD -3" Coconut Grove Neighborhood Conservation District for the
property located at approximately 3825 Day Avenue, 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;
City of Miami Page 1 of 2 File Id. 10-00491zc (Version: 2) Printed On: 7/1/2010
File Number: 10-00491 zc
(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 so as to
compromise the protection of the public welfare.
Section 4. The Zoning Atlas, made a part of Ordinance No. 13114, 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), Florida Statutes.(1)
APPROVED AS TO FORM AND CORRECTNESSa,
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.
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