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HomeMy WebLinkAboutO-12606City of Miami Legislation Ordinance: 12606 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00897a Final Action Date: 10/28/2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42, 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 AND "C-1" RESTRICTED COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.4 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 AND 2295 SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST 23RD STREET, AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "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 July 26, 2004, Item No. 4, following an advertised hearing, adopted Resolution No. ZB 2004-0909, by vote of six to three (6-3), 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 4, Section 401, Schedule of District Regulations, is amended by changing the zoning classification from "R-2" Two -Family Residential and "C-1" Restricted Commercial to "C-1" Restricted Commercial with an "SD-19" designated F.A.R. Overlay District to increase F.A.R. to 2.4 for the properties located at approximately 2255, 2263 and 2295 Southwest 37th Avenue, 3685 and 3695 Southwest 23rd Street, and 3672 and 3688 Southwest 22nd Terrace, Miami, Florida, more particularly described in "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 City of Miami Page 1 of 2 File Id: 04-00897a (Version: 1) Printed On: 10/12/2016 File Number: 04-00897a Enactment Number: 12606 the load on public facilities such as schools, utilities, streets, etc.; is necessary due to changed or changing conditions; will not adversely influence living conditions in the neighborhood; will not create or excessively increase traffic congestion or otherwise affect public safety; 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. 42 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. 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} Footnotes: {1} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 2 of 2 File Id: 04-00897a (Version: 1) Printed On: 10/12/2016