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File Number: 04-00081
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 18, 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 C-2 LIBERAL COMMERCIAL TO C-2 LIBERAL COMMERCIAL WITH AN
SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT, 2.10 F.A.R. FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3574, 3650, 3660, 3670, 3680
AND 3690 NORTHWEST 36TH STREET, MIAMI, FLORIDA, LEGALLY
DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of January 26, 2004, Item No. 6, following an
advertised hearing, adopted Resolution No. ZB 2004-0807, by a eight to zero (8 to 0) vote,
RECOMMENDING APPROVAL of a change of zoning classification from C-2 Liberal Commercial
TO C-2 Liberal Commercial with an SD-19 designated F.A.R. overlay district, 2.10 F.A.R., 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,
FLORI DA:
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 C-2 Liberal Commercial to C-2 Liberal Commercial with an
SD-19 designated F.A.R. Overlay District, 2.10 F.A.R. for the properties located at approximately
3574, 3650, 3660, 3670, 3680 and 3690 Northwest 36th 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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File Number- 04-00081
(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. Page No. 18 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.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.{1}
APPROVED AS TO FORM AND CORRECTNESS:
7AL JANDRO VILAI LLO
C[Y 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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