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Ordinance
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Miami, FL 33133
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File Number: 45-01525 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 39, 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 WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1"
RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET
SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1919, 1927, 1935, 1945 AND 1965 SOUTHWEST 9TH
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 December 12, 2005, Item No. 15, following
an advertised hearing, adopted Resolution No. ZB 2005-1100, by vote of seven to one (7-1),
RECOMMENDING APPROVAL of a change of zoning classification from "R-2" Two -Family Residential
to "C-1" Restricted Commercial; and
WHEREAS, the applicant thereafter amended its application to add a request to remove the
"SD-12" Buffer Overlay District from the property; and
WHEREAS, the Miami Zoning Board, at its meeting on June 12, 2006, Item No. 3, following an
advertised hearing, adopted Resolution No. ZB 06-1187, by a vote of seven to one (7-1),
RECOMMENDING APPROVAL of a change of zoning classification from "R-2" Two -Family Residential
with an "SD-12" Buffer Overlay District to "C-1" Restricted Commercial with an "SD-25" Southwest 8th
Street Special Overlay District, 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,
FLORI DA:
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 with an "SD-12" Buffer Overlay District to
"C-1" Restricted Commercial with an "SD-25" Southwest 8th Street Overlay District, for the properties
located at approximately 1919, 1927, 1935, 1945 and 1965 Southwest 9th Street, Miami, Florida, more
City of Miami
Page 1 of 2 Printed On: 6/14/2006
File Number: 05-01525
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 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. 39 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). 111
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ G►4
CITY ATTORNEY
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.
City of Miami Page 2 of 2 .Printed On: 6/2/2006