HomeMy WebLinkAboutLegislationJ-03-863
09/30/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AMENDING PAGE NO. 33 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 C-1 RESTRICTED COMMERCIAL FOR
THE PROPERTY LOCATED AT APPROXIMATELY
201 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA,
LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;"
CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of
September 08, 2003, Item No. 7, following an advertised hearing,
adopted Resolution No. ZB 2003-0740, by a six to two (6 to 2)
vote, thus constituting a RECOMMENDATION OF APPROVAL for a change
of zoning classification, as hereinafter 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 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. C-1 Restricted Commercial, for the property
located at approximately 201 Northwest
37th
Avenue, 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;
(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;
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(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. Page No. 33 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 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.
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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) .l?
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
October , 2003.
PASSED AND'ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPRO •'' AS O •RM AND CORRECTNESS:
LARELL
ATTORNEY
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s/
MANUEL A. DIAZ, MAYOR
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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