HomeMy WebLinkAboutFR Legislation DRAFTJ-04-015
01/05/04
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, AMENDING PAGE NO. 22 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 OF THE 0.78 ACRE
PARCEL NAMED "PROPOSED TRACT B " LOCATED
WITHIN THE AREA APPROXIMATELY TO THE
NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA,
FROM ''PR" PARKS AND RECREATION TO '1C-11
RESTRICTED COMMERCIAL, 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 3, 2003, Item No. 4, following an advertised hearing,
adopted Resolution No PAB 80-03, by a vote of five to three
(5-3), RECOMMENDING DENIAL of amending Zoning Ordinance No. 11000
for a change of zoning classification, as hereinafter set forth;
and
WHEREAS, the City Commission, after careful consideration of
this matter, and notwithstanding the decision of the Planning
Advisory Board, deems it advisable and in the best interest of
the general welfare of the City of Miami and its inhabitants to
amend 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 22, Article 4, Section 401, Schedule of District
Regulations, is amended by changing the zoning classification
from —PR" Parks and Recreation to —C-1 Restricted Commercial
for the property consisting of 0.78 acres in area, named
Proposed Tract B " and located within the area at approximately
to the northwest of Watson Island, 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;
(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
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(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. 22 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 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.
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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) .11
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2004.
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 VILARELLO
CITY ATTORNEY
W1576:GKW:et
MANUEL A. DIAZ, MAYOR
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