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Ordinance
City Haft
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.tl.us
File Number: 04-01279a Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING PAGE NOS. 46
AND 47 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY:
1) ADDING THE SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT
TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY
BOUNDED BY BIRD ROAD AND US-1 ON THE NORTH; 32ND AVENUE ON THE
EAST; FRANKLIN AVENUE (INCLUDING THE BLOCK SOUTH OF FRANKLIN
BETWEEN HIBISCUS AND PLAZA STREET), AND CHARLES TERRACE ON THE
SOUTH AND THE CITY LIMITS ON THE WEST (SEE COMPLETE LEGAL
DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS
EXHIBITS A AND B AND MADE A PART THEREOF); MIAMI, FLORIDA; AND
2) MODIFYING THE BOUNDARIES OF THE NCD-2 CHARLES AVENUE
NEIGHBORHOOD CONSERVATION DISTRICT FROM GRAND AVENUE TO
CHARLES AVENUE BY REMOVING THE NCD-2 OVERLAY ALONG ALL
PROPERTIES LOCATED ALONG GRAND AVENUE AND FURTHER ADDING THE
NCD-2 OVERLAY TO ALL PROPERTIES FRONTING CHARLES AVENUE FROM
DOUGLAS ROAD TO MAIN HIGHWAY (SEE COMPLETE LEGAL DESCRIPTIONS
AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS C AND D
AND MADE A PART THEREOF) MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SERVERILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in February 2003, the Town Planning/Urban Design consulting team Center for Urban
and Community Design held a three day long design workshop in which residents and other
stakeholders of the community participated with the Planning and Zoning Department to produce the "
Vision Plan for Coconut Grove - Village West Island District"; and
WHEREAS, the Department of Planning and Zoning recommended approval in concept of the
attached study; and
WHEREAS, the herein Resolution has been the subject of a properly advertised public hearing
before the City Commission;
WHEREAS, the Miami Planning Advisory Board, at its meeting of November 3, 2004, Item No. 2,
following an advertised hearing, adopted Resolution No. PAB 125-04 by a vote of seven to zero (7-0),
RECOMMENDING APPROVAL of a change of zoning classification, as hereinafter set forth; and
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, Pages 46 and 47 of the Zoning Atlas of the City of Miami, Florida, by:
City of Miami Page 1 of 3 Printed On: 11/16/2004
File Number: 04-01279a
1) Adding the SD-28 "Village West Island Special Overlay District" to all underlying zoning
classifications located within the area generally bounded by Bird Road and US1 on the north; 32nd
Avenue, south alleyway at the rear of Commodore Plaza, and Main Highway on the south; Royal
Road, Franklin Avenue (including the block south of Franklin between Hibiscus and Plaza), and
Charles Terrace on the south; and the city limits on the west; (see complete legal descriptions and
map of exact properties attached hereto as Exhibits A and B and made a part thereof) Miami, Florida;
and
2) Modifying the boundaries of the NCD-2 "Charles Avenue Neighborhood Conservation District"
from Grand Avenue to Charles Avenue by removing the NCD-2 overlay along all properties on Grand
Avenue and adding the NCD-2 overlay to all properties located along Charles avenue from Douglas
road to Main Highway (see complete legal descriptions and map of exact properties attached hereto
as Exhibits C and D and made a part thereof).
Section 2. It is found that this zoning classification change:
(a) is consistent with the intent of the area and will not impose an adverse impact on the adjacent
community.
(b) is in conformity with the adopted Miami Comprehensive Neighborhood Plan;
(c) is not contrary to the established land use pattern;
(d) will not create an isolated district unrelated to adjacent and nearby districts;
(e) is not out of scale with the needs of the neighborhood or the City;
(f) will not materially alter the population density pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(g) is necessary due to changed or changing conditions;
(h) will not adversely influence living conditions in the neighborhood;
(i) will not create or excessively increase traffic congestion or otherwise affect public safety;
(j) will not create a drainage problem;
(k) will not seriously reduce light and air to adjacent area;
(I) will not adversely affect property value in the adjacent area;
(m)will not be a deterrent to the improvement or development of adjacent property in accord with
existing regulations; and
(n) 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 Nos. 46, and 47 of the Zoning Atlas, made a part of Ordinance No. 11000, as
amended, the Zoning Ordinance for the City of Miami, Florida, by reference and description in said
Ordinance, is hereby 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 hereby 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {1}
City of Miami Page 2 of 3 Printed On: 11/12/2004
File Number: 04-01279a
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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.
City of Miami Page 3 of 3 Printed On: 11/12/2004