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File Number: 03-0295a Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 46 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-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY
RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY
3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI, FLORIDA, LEGALLY
DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER
PROVISION AND A SEV RA€3IL,: CLAUS ,., AND a ov;z.:lrvG a CR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of December 15, 2003, Item No. 4,
following an advertised hearing, adopted Resolution No. ZB 2003-0794, by a nine to zero (9 to
0) vote, RECOMMENDING APPROVAL of 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 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-1 Single -Family Residential District to
R-2 Two -Family Residential for the properties located at approximately 3160, 3170, 3180 and
3190 Oak 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 Toad 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;
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File Number.: 03-0295a
(j) will not seriously reduce Tight 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 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. 46 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.AII 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:
AL JANDRO Vl RELLO
CITY 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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