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Ordinance
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Fite Number; 08-00395zc
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 34, 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 PR "PARKS AND RECREATION" TO C-1
"RESTRICTED COMMERCIAL", FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1702 AND 1714 WEST FLAGLER STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on May 21, 2008, Item No. 1,
following an advertised public hearing, adopted Resolution No. PAB 08-015 by a vote of six to two (6-
2), recommending APPROVAL to change the zoning classification of the private properties located at
1702 and 1714 West Flagler Street, Miami, Florida abutting the park known as "Plaza de la
Comunidad;" and
WHEREAS, the Miami Planning Advisory Board, at its meeting on May 21, 2008, Item No. 1,
following an advertised public hearing, adopted Resolution No. PAB 08-015a by a vote of eight to zero
(8-0), recommending that the existing park known as the ;`Plaza de la Comunidad" located in the
Florida Department of Transportation (FDOT) Right of Way from West Flagler Street at the North of
Lots 1, 2, 3 and 4 remain designated PR "Parks and Recreation" as set forth; and
WHEREAS, the Miami Planning Advisory Board has considered reports made through the
Planning staff in the adoption of these resolutions considering factors set forth in §2209 of the Zoning
Ordinance have been complied with; and
WHEREAS, the designation in the Florida Land Use Map (PLUM) for these properties has been
and continues to be restricted commercial and this re -zoning will correct an error in the zoning map;
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 PR (Parks and Recreation) to C-1 (Restricted Commercial), for
the properties located at approximately 1702 and 1714 West Flagler Street, Miami, Florida, more
particularly described in Exhibit "A" attached hereto and made a part thereof.
City of'Miami
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Fife Nue; : O8-00395zc
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
(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. 34 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, {1}
APPROVED AS TO FORM AND CORRECTNESS.
JULIE O BRU
CITY ATTORNEY
d
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 /limns
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