HomeMy WebLinkAboutO-12826City of Miami
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Ordinance: 12826
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00396zc Final Action Date: 6/22/2006
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 32 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-1" SINGLE-FAMILY
RESIDENTIAL AND "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "C-1"
RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3921 WEST FLAGLER STREET, 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 April 24, 2006, Item No. Z.5, following an
advertised hearing, adopted Resolution No. ZB 06-1171, DENYING the request for a change of
zoning classification, upon a motion to approve, which failed by a vote of three to four (3-4), and 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 "R-1" Single Family Residential and "R-3" Multifamily
Medium -Density Residential to "C-1" Restricted Commercial, for the property located at approximately
3921 West Flagler Street, 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 the
City of Miami
Page 1 of 2 File Id: 06-003967c (Version: 21 Printed On: 2/3/2017
File Number: 06-00396zc Enactment Number: 12826
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 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 4. Page No. 32 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} 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.
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