HomeMy WebLinkAboutCC Zoning Resolution (4.27.06)City of Miami
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Ordinance
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Miarni, FL 3133
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File Number: 05-01.507a Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 27, 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-3" MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 4350 NORTHWEST 10TH
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 January 9, 2006, Item No. 11, following an
advertised hearing, adopted Resolution No. ZB 2006-1113, by vote of seven to two (7-2),
RECOMMENDING DENIAL of a change of zoning classification, as hereinafter set forth; 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 deny this change of zoning classification as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF HE CITY OF MIAMI,
FLORIDA:
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-3" Multifamily Medium -Density Residential to "R-4" Multifamily High -
Density Residential, for the property located at approximately 4350 Northwest 10th 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 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
City of I4imni
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public safety;
(i) will riot create a drainage problem;
U) will not seriously reduce light and air toadjacent area;
(k) will not adversely affect property value in the odiooentarea�
(1) will not beadeterrent tnthe improvement ordevelopment of adjacent property
inaccord with existing regulations; and
(m) will riot constitute a grant of special privilege to an individual owner so as to
compromise the protection of the public welfare,
Section 4. Page No. 27 of the Zoning Adas, made a part of Ordinance No. 11000. as amended. the
Zoning Ordinance of the City ofMiami, Florida, by reference and deSoriphon in said Ordinance, is
amended kzreflect the changes made necessary bythis 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 8. If any section, part of snchnn, pana8raph, daune, phnaso, or word of this Ordinance in
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 ASTOFORM AND CORRECTNESS:
JORGE LFERN/\NDEZ
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 OrdinoncC, 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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