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CC Legislation (Version 2)
uty of ar Le illation Ordinance aVHag 350v P& Arne n Drive Miami, FL 33133 wmv,rniamigo-v.corri Fite Number: 98-(IOt99ze Final AOtaflF#. D5te4 AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 35, 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 REGUi ATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 1.04, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1007, 1019, 1027, 1033 SOUTHWEST 6TH STREET AND 1028 SOUTHWEST 5TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board, at its meeting on September 8, 2008, item Noe 5, following an advertised public hearing, adopted Resolution No. ZB 08-068 by a vote of six to zero -(6-0) 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-3 Multifamily Medium -Density Residential to R-3 Multifamily Medium -Density Residential with an SD-19 designated f.a.r. overlay district, f.a.r. of 1.04, for the properties located at approximately 1007, 1019, 1027, 1033 Southwest 6th Street and 1028 Southwest 5th Street, 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; (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 affectpublic safety; (i) will not create a drainage problem; (j) will not seriously reduce light and air to adjacent area; City of Miami Page 1 of 2 Printed (Ina 10/2/2008 Number: 8 O6g9zc (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 (rrm)will not constitute a grant of spe gal privilege to an inth dual o—ner so as to compromise t e protection of the parade welfare. Section 3, Page No. 35 of the Zoning Atlas, made a part of Crthnance 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 Ordnance is declared invalid, the remaining provisions of this Ordinance shah not be affected. Section 5. This Ordinance shall become effective thirty -ore (31) days after second reading and adoption thereof pursuant and subject to §163,3 ; 87(3)(o). { i } APPROVED AS TO FORM AND CORRECTNESS: JULIE ©, BRU 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 2of2 Printed On: 1012/2008