HomeMy WebLinkAboutCC Legislation (Version 5)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00166zc2
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND
"T5-O" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND
AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT)
OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL AND "O" OFFICE WITH AN
"SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3"
COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING
ORDINANCE NO. 11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A
"VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD
CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("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 IN ZONING ORDINANCE
NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3380, 3370 AND 3340 FLORIDA AVENUE; AND 3301, 3355,
3375 AND 3395 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Applicants filed an application on May 19, 2010 to amend the Zoning Atlas of
Zoning Ordinance No. 11000; and
WHEREAS, on May 20, 2010, Zoning Ordinance No. 13114, the Miami 21 Code ("Miami 21
Code"), became effective and Zoning Ordinance No. 11000 was repealed; and
WHEREAS, Section 2.2.3 of the Miami 21 Code, as amended, states that the effective date of the
Miami 21 Code shall not affect nor prevent the processing of any action pending at the time of the
effective date of the Miami 21 Code; and
WHEREAS, the zoning designations of the site shall not conflict with the Future Land Use Map of
the Miami Comprehensive Neighborhood Plan; and
WHEREAS, the Applicant may not submit an Application for Zoning Change that includes more
than one zoning designation per parcel; and
WHEREAS, the residential density of development on the site shall not exceed 65 dwelling
units per acre; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on November 2, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-11-052 by a vote of seven to
zero (7-0), item no. 4, recommending APPROVAL with conditions of the Zoning Change as described
City of Miami
Page 1 of 3 File Id: 08-00166zc2 (Version: 5) Printed On: 11/29/2011
File Number: 08-00166zc2
in "Exhibit 1"; 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 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 the Miami 21 Code, as amended, is further amended by changing
the zoning classification from "T3-R" Sub -Urban and "T5-O" Urban Center Transect Zones with a
"Village West Island and Charles Avenue NCD2" (Neighborhood Conservation District) Overlay to
"T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD2"
(Neighborhood Conservation District) Overlay, as depicted in "Exhibit B", attached and incorporated,
for the property located at approximately 3380, 3370 and 3340 Florida Avenue; and 3301, 3355, 3375
and 3395 Grand Avenue (Grand Bahama Block), Miami, Florida, as described in "Exhibit A", attached
and incorporated.
Section 3. Any active applications for development orders applied for under Zoning Ordinance No.
11000 for the properties described in "Exhibit A", prior to the effective date of the Miami 21 Code, shall
be permitted to develop using the Zoning Ordinance No. 11000 zoning classification of "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, as described in "Exhibit C", attached and
incorporated, which are the designations most equivalent to the Atlas of the Miami 21 Code, as
depicted in "Exhibit B".
Section 4. No development may exceed the densities or intensities permitted in Ordinance No.
10544, as amended, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, as
described in "Exhibit D", attached and incorporated.
Section 5. 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 6. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code, 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS'
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 2 of 3 File Id: 08-00166zc2 (Version: 5) Printed On: 11/29/2011
File Number. 08-00166zc2
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 3 of 3 File Id: 08-00166zc2 (Version: 5) Printed On: 11/29/2011