HomeMy WebLinkAboutO-12709City of Miami
Legislation
Ordinance: 12709
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00344a Final Action Date: 6/23/2005
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NOS. 23
AND 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FOR THE PROPERTIES LOCATED
WITHIN AND APPROXIMATELY BOUNDED BY INTERSTATE 1-395 TO THE
NORTH, NORTHEAST 2ND AVENUE TO THE EAST, NORTHEAST 5TH STREET
AND NORTHEAST 6TH STREET TO THE SOUTH AND NORTHWEST 1ST AVENUE
TO THE WEST, MIAMI, FLORIDA; FROM C-1 RESTRICTED COMMERCIAL AND
C-2 LIBERAL COMMERCIAL TO SD-16.1 SOUTHEAST OVERTOWN-PARK WEST
COMMERCIAL -RESIDENTIAL DISTRICTS (SEE MAP OF EXACT PROPERTIES
ATTACHED HERETO AND COMPLETE LEGAL DESCRIPTIONS ON FILE); MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERALTY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of April 6, 2005, Item No.5,
following an advertised hearing, adopted Resolution No. PAB 35-05 by a vote of six to zero (6-0),
RECOMMENDING APPROVAL to amend Zoning Ordinance No. 11000 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 amend
Ordinance No. 11000 as hereinafter set forth;
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 23 and 36 of the Zoning Atlas of the City of Miami, Florida, by changing
the zoning classification for the properties located within and approximately bounded by Interstate
1-395 to the north, NE 2nd Avenue to the east, NE 5th Street and NE 6th Street to the south and NW
1st Avenue to the west, Miami, Florida; (See complete legal description and map on file with the
Hearing Boards Office), from (C-1) "Restricted Commercial" and (C-2) "Liberal Commercial" to
SD-16.1 Southeast Overtown-Park West Commercial Residential Districts.
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
City of Miami
Page 1 of 2 File Id: 05-00344a (Version: 11 Printed On: 11/18/2016
File Number: 05-00344a Enactment Number: 12709
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. 23, and 36 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 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 (30) days after final reading and adoption
thereof. {1}
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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