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HomeMy WebLinkAboutCC Legislation (Version 2)ity of a Legislation Ordinance C y Hall 3500 Pan American Drive Miami, FL 33133 WV,Wrrii&miaov.corn Fite Numher: 07-0039.zc Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 38, 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-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1°' RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miarni Zoning Board, at its meeting on May 14, 2007, Item No. Z.4, following an advertised public hearing, adopted Resolution No, ZB 07-0042 by a vote of nine to zero (9-0), recommending DENIAL of a change in 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-1" Single -Family Residential with an "SD-12" Buffer Overlay District to "C-1" Restricted Commercial, for the properties located at approximately 1252, 1262 and 1272 Southwest 21st Terrace, Miami, Fiorida, as legally described in attached "Exhibit A." 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; (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 City of Miami Page 1 of 2 Printed On: 616/2001 Fi1e Nomber 07-003912c (M)wilf not constitute a grant of specrivilege to an individual owner so as to compromise the protection of the public welfare. Section 3. Page No, 33 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, s 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:5 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 Page 2 of 2 Printed On: 6/6/200