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Ordinance
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Miami, FL 33133
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File Number: 06-00379zc Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 23, 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 "C-2" LIBERAL COMMERCIAL
TO "SD-6" CENTRAL COMMERCIAL-RES1DENTIAL DISTRICT, FOR THE
PROPERTY LOCATED AT APPROXIMATELY ONE HERALD PLAZA (PARCEL 1),
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 on May 8, 2006, Item No. Z.1, following an
advertised hearing, adopted Resolution No. ZB 06-1177, DENYING the request for a change of zoning
classification, upon a motion to deny by a vote of four to two (4-2), by virtue of the fact that Section 62-
93 of the City Code requires five (5) favorable votes for the approval of any item before the Zoning
Board; and
WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, deems it advisable and in the best interest of the general
welfare of the City of Miami and its inhabitants to approve 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 this 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 "C-2" Liberal Commercial to "SD-6" Central Commercial -Residential
District, for the property located at approximately One Herald Plaza (Parcel One), Miami, Florida, more
particularly described in "Exhibit A."
Section 3. It is found that:
(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;
City of Miami
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File Number: 06-00379zc
(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 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.
(n) The subject property is currently under the same ownership of the parcel
immediately to the north, which fronts NE Bayshore Drive (Herald Plaza).
(o) This petition is part of a Major Use Special Permit (MUSP) for a mix -use
project named "Herald Square Parcel 1."
(p) The theoretical potential residential use created by this amendment will not
be an intrusion into the existing liberal commercial uses due to the fact that
the project is located in downtown area, where this type of mixed -use project
already exist.
(q) The change to "SD-6" Central Commercial -Residential District
allows for greater flexibility in developing the proposed mixed use project.
Section 4, Page No. 23 of the Zoning Atlas, made a part of Ordinance Na 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}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ 6,4Y/
CITY ATTORNEY
Footnotes:
111 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
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