HomeMy WebLinkAboutSR LegislationJ-04--010
01/05/04
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, AMENDING PAGE NO. 12 OF
THE ZONING ATLAS OF ZONING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
THE ZONING CLASSIFICATION FOR ONLY THOSE
PROPERTIES THAT ARE CURRENTLY ZONED R--3 AND
GENERALLY BOUNDED BY NORTHWEST 62ND STREET
TO THE NORTH, NORTHWEST 17TH AVENUE TO THE
WEST, NORTHWEST 127'1 AVENUE TO THE EAST,
INCLUDING THOSE PROPERTIES FRONTING ON 12TH
AVENUE, AND ON NORTHWEST 58TH STREET TO THE
SOUTH, MIAMI, FLORIDA, (EXCLUDING ALL R-2
ZONED PROPERTIES WITHIN THIS AREA) FROM "R-
3" MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
TO "SD-1.1" KING HEIGHTS ORCHARD VILLA
SPECIAL DISTRICT; 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. 4, following an advertised hearing,
adopted Resolution No PAB 87-03, by a vote of six to zero (6-0),
RECOMMENDING APPROVAL of amending Ordinance No. 11000 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 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. 12, Article 4, Section 401, Schedule of District Regulations,
is amended by changing the zoning classification from R-3 to SD-
1.1 King Heights Orchard Villa Special District; for only those
properties that are currently zoned R-3 and generally bounded by
Northwest 62nd Street to the north, Northwest 17th Avenue to the
west, Northwest. 12th Avenue to the east (including those
properties fronting on 12th Avenue; and Northwest 58th Street to
the south (excluding all R-2 zoned properties within this area),
Miami, Florida, more particularly described in Exhibit "A"
attached.
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;
(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 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. 12 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) .V
PASSED ON FIRST READING BY TITLE ONLY this 22nd day cf
January , 2004.
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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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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this
day of , 2004.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS
ALEJANDRO VILARE1LO
CITY ATTORNEY
W1571:GKW:et
MANUEL A. DIAZ, MAYOR
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