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File Number: 04-00452 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT,
AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 6, SECTION 612, SCHEDULE OF DISTRICT REGULATIONS, BY
CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL WITH AN SD-12 BUFFER
OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY
5317 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting of April 12, 2004, Item No. 5, following an
advertised hearing, adopted Resolution No. ZB 2004-0851, by vote of seven to zero (7-0),
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 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, Article 6, Section 612, Schedule of District Regulations, is amended by
changing the zoning classification from R-2 Two -Family Residential to R-2 Two -Family Residential with
an SD-12 Buffer Overlay, for the property located at approximately 5317 Northwest 5th Avenue,
Miami, Florida, more particularly described in attached "Exhibit A."
Section 3. 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;
(h) will not create or excessively increase traffic congestion or otherwise
affect public safety;
City of Miami Page 1 of 2 Printed On: 5/11/2004
File Number: 04-00452
will not create a drainage problem;
will not seriously reduce light and air to adjacent area;
will not adversely affect property value in the adjacent area;
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 4. Page No. 16 of the Zoning Atlas, made a part of Ordinance No. MOO, 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.
Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption pursuant and subject to § 163.3187(3)(c). {1}
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO e
CITY ATTORNEY
Footnotes:
{1} 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.
City of Miami Page 2 of 2 Printed On: 5/6/2004