HomeMy WebLinkAboutFR Legislation DRAFTJ-04-007
01/05/04
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING PAGE NO. 25 OF THE ZONING ATLAS OF
ZONING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM --PR" PARKS AND
RECREATION TO ^1R-3" MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL, FOR THE PROPERTY
LOCATED AT 1390 NORTHWEST 24th AVENUE,
MIAMI, FLORIDA, MAKING FINDINGS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Planning Advisory Board, at its meeting of
December 17, 2003, Item No. 8, following an advertised hearing,
adopted Resolution No PAB 95-03, by a vote of five to one (5-1),
RECOMMENDING DENIAL to amending Ordinance No. 11000, for a change
of zoning classification, as hereinafter set forth; and
WHEREAS, the Planning Advisory Board, at its meeting of
December 17, 2003, Item No. 8, adopted Resolution No. PAB 95a-03,
by a vote of five to one (5-1), RECOMMENDING to the City
Commission if item is approved, to have the administration review
landscape plan to save trees for elderly housing.
WHEREAS, the Planning Advisory Board, at its meeting of
December 17, 2003, Item No. 8, adopted Resolution No. PAB 95b-03,
By a vote of five to one (5-1), RECOMMENDING to the City
Commission to take into consideration previous Commission action
and considers previous action before adoption.
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. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida, Page
No. 25, Article 4, Section 401, Schedule of District Regulations,
is hereby amended by changing the zoning classification from
(PR) "Parks and Recreation" to "R-3 Multifamily Medium
Density Residential for the property located at 1390 Northwest
24" Avenue, Miami, Florida, more particularly described as Tract
'-A" OF FERN ISLE GARDENS SUBDIVISION recorded in Plat Book 139
at Page 52 of the Public Records of Miami -Dade County , Florida.
Section 3. It is found that this Zoning designation
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;
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(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 of 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 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. Page No. 25 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.
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Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are repealed.
Section 6. 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 7. This Ordinance shall become effective thirty-
one (31) days after second reading and adoption pursuant and
subject to § 163.3187 (3) (c) , Fla. Stat. (2003) . 1
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2004.
1/
This Ordinance shall become effective as specified 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, whichever is later.
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this
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
day of , 2004.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1568:GKW:et
MANUEL A. DIAZ, MAYOR
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