HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01359zc Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED,
THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O"
SUB -URBAN TRANSECT ZONE TO "T4-O" GENERAL URBAN TRANSECT ZONE,
FOR THE PROPERTIES LOCATED AT THE NORTH SIDE OF NORTHEAST 41 ST
STREET BETWEEN NORTH MIAMI AVENUE TO THE WEST AND NORTHEAST
2ND AVENUE TO THE EAST; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ordinance No. 13114; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 1,
2010, Item No. 6, following an advertised public hearing, adopted Resolution No. PZAB-R-10-063, by
a vote of nine to zero (9-0), recommending DENIAL of change of zoning classification as hereinafter
set forth; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 1,
2010, Item No. 6, following an advertised public hearing, adopted Motion No. PZAB-10-003, by a vote
of five to four (5-4), recommending APPROVAL for the three parcels fronting North Miami Avenue;
located to the North of Northeast 41st Street; to the East of North Miami Avenue and to the South of
Northeast 42nd Street; 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 approve 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 recitals and findings contained in the Preamble to this Ordinance are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended, is further amended by changing the following zoning classification from
"T3-O" Sub -Urban Transect Zone to "T4-O" General Urban Transect Zone for the properties located at
the North side of NE 41 st Street between North Miami Avenue to the West and NE 2nd Avenue to the
East, Miami, Florida, as described in Exhibit A.
Section 3. The Zoning Atlas, made a part of Ordinance No. 13114, the Miami 21 Code, as
amended, the Zoning Ordinance of the City of Miami, Florida, as amended, by reference and
City of Miami Page 1 of 2 File Id: 10-01359zc (Version: 2) Printed On: 12/6/2010
File Number: 10-01359zc
description in said Ordinance, is amended to reflect the changes made necessary by this Amendment.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Miami, Florida, as amended which provisions
may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective upon its adoption and signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} 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 File Id: 10-01359zc (Version: 2) Printed On: 12/6/2010