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File Number: 04-00389a Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 17, 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-2 TWO-FAMILY
RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 3804-3820 NORTHWEST 12TH 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 Planning Advisory Board, at its meeting of April 21, 2004, Item No. 1,
following an advertised hearing, adopted Resolution No. PAB 47-04, by vote of nine to zero (9 to 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 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-2 Two -Family Residential to C-2 Liberal Commercial, for the
properties located at approximately 3804-3820 Northwest 12th 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;
(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
City of Miami Page 1 of 2 Printed On: 5/11/2004
File Number: 04-00389a
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. 17 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:
ALEJANDRO VILARELLO
CITY ATTORNEY
Footnotes :
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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