HomeMy WebLinkAboutLegislationJ-03-599
06/27/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AMENDING PAGE NO. 40, OF
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, BY
CHANGING THE ZONING CLASSIFICATION FROM R-2
TWO-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY
RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY,
FOR THE PROPERTIES LOCATED AT APPROXIMATELY
3150, 3160, AND 3138-40 SOUTHWEST
21sT TERRACE, MIAMI, FLORIDA, LEGALLY
DESCRIBED IN ATTACHED "EXHIBIT A."
WHEREAS, the Miami Zoning Board, at its meeting of
June 02, 2003, Item No. 4, following an advertised hearing,
adopted Resolution No. ZB 2003-0721, by a six to three (6 to 3)
vote, RECOMMENDING DENIAL of a change of zoning classification
to R-2 Two -Family Residential with an SD-12 Buffer Overlay, as
hereinafter set forth; and
WHEREAS, after careful consideration of this matter and the
request from the property owner, and notwithstanding the Zoning
Board recommendation, the City Commission deems it advisable and
in the best interest of the general welfare of the City of Miami
and its inhabitants to approve 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 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-2
Two -Family Residential to R-2 Two -Family Residential with an
SD-12 Buffer Overlay, for the properties located at
approximately 3150, 3160, and 3138-40 Southwest 21sT Street,
Miami, Florida, as legally described in attached "Exhibit A."
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;
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(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 so as to compromise the protection of
the public welfare.
Section 3.
of Ordinance No.
City of Miami,
Page No. 40 of the Zoning Atlas, made a part
11000, as amended, the Zoning Ordinance of the
Florida, by reference and description in said
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Ordinance, is amended to reflect the changes made necessary by
this Amendment.
Section 4. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
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 (30) days after final reading and adoption thereof.1/
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2003.
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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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
JANDRO
Y ATTORNE
480:YMT:s
MANUEL A. DIAZ, MAYOR
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