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HomeMy WebLinkAboutLegislation BCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fi.us File Number: 04-00182a Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24, 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-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 719 NORTHWEST 13TH AVENUE, 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 February 23, 2004, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 2003-0816, by a five to four (5 to 4) vote, RECOMMENDING DENIAL for a change of zoning classification, as hereinafter set forth; and WHEREAS, the City Commission, after careful consideration of this matter, finds this Change of Zoning Classification does meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and 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 RESOLVED 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?4 Multifamily High -Density Residential to C-1 Restricted Commercial for the property located at approximately 719 Northwest 13th 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; City of Miami Page I of 2 Printed On: 3/10/2004 File Number: 04-00182a (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; (I) 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. 24 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-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c). {1} APPROVED AS TO FORM AND CORRECTNESS: 1,--7 JANDRO VILARELLO Y ATTORNE Footnotes: 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. City of Miami Page 2 of 2 Printed On: 3/8/2004