HomeMy WebLinkAboutO-13022City of Miami
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Ordinance: 13022
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00166zc Final Action Date: 7/24/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
AMENDING PAGE NO. 46, 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, R-2
TWO-FAMILY RESIDENTIAL AND 0 OFFICE WITH AN SD-28 VILLAGE WEST
ISLAND SPECIAL OVERLAY DISTRICT AND NCD-3 COCONUT GROVE
NEIGHBORHOOD CONSERVATION DISTRICT TO SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT WITH AN SD-28 VILLAGE WEST ISLAND
SPECIAL OVERLAY DISTRICT AND NCD-3 COCONUT GROVE NEIGHBORHOOD
CONSERVATION DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3410-20, 3428 HIBISCUS STREET; 3501, 3520, 3522, 3530,
3535, 3545, 3547, 3560, 3567 GRAND AVENUE; 3509-11, 3521, 3547, 3551,
3559-67, 3575, 3587 THOMAS AVENUE; AND 3500, 3506, 3508, 3540, 3548, 3576,
3582 FLORIDAAVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting on June 9, 2008, Item No. Z.4, following an
advertised public hearing, adopted Resolution No. ZB-08-050 by a vote of three to two (3-2) vote,
recommending APPROVAL of the Zoning Change as 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, R-2 Two -Family Residential
and 0 Office with an SD-28 Village West Island Special Overlay District and NCD-3 Coconut Grove
Neighborhood Conservation District to SD-2 Coconut Grove Central Commercial District with an
SD-28 Village West Island Special Overlay District and NCD-3 Coconut Grove Neighborhood
Conservation District, for the properties located at approximately 3410-20, 3428 Hibiscus Street;
3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue; 3509-11, 3521, 3547, 3551,
3559-67, 3575, 3587 Thomas Avenue; and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida
Avenue, Miami, Florida, 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;
City of Miami
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File Number: 08-00166zc Enactment Number: 13022
(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. In passage of this Ordinance, the City has accepted and relied upon a covenant
voluntarily and freely proffered by the Applicant, at the July 24, 2008, City Commission meeting. This
covenant as modified by the comments of the Applicant's authorized representatives at this July 24,
2008, City Commission meeting will be submitted into the City's records once the applicant executes
and records it. The covenant will be subject to the approval of the City Attorney as to legal form and
a recorded copy will be furnished by the Applicant to the Director of Hearing Boards prior to
consideration of the Grove Village Major Use Special Permit by the City Commission.
Section 5. Page No. 46 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 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 thereof. {1}
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.
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