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Legisiation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
rile Number: 06-01234zc
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION. WITH ATTACHMENT(S),
AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO, 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM "R-4" MULTIFAMILY HIGH -DENSITY
RESIDENTIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT TO "C-1'°
RESTRICTED COMMERCIAL WITH AN "SD-20.1" BISCAYNE BOULEVARD
EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 402 NORTHEAST 36TH STREET AND 347 NORTHEAST 35TH
TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting on October 30, 2006, Item No. Z.5, following
an advertised hearing, adopted Resolution No. ZB 06-1249, by vote of four to two (4-2),
RECOMMENDING DENIAL of a change of zoning classification, 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,
FLORIDA:
Section 1. 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-4" Multifamily High -Density Residential with an "SD-20"
Edgewater Overlay District to "C-1" Restricted Commercial with an "SD-20.1" Biscayne Boulevard
Edgewater Overlay District, for the properties located at approximately 402 Northeast 36th Street and
347 Northeast 35th Terrace, Miami, Florida, more particularly described in "Exhibit A," attached and
incorporated,
Section 2. 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;
Cirr of Miami
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File Ailimber: 06-012347c
(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 3. Page No. 21 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 4. 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 5, This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof pursuant and subject to § 163.3187(3)(c). {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
City, of Miami
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