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HomeMy WebLinkAboutO-13299City of Miami Legislation Ordinance: 13299 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00166zc2 Final Action Date: 12/15/2011 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Zoning Ordinance No. 13114, the Miami 21 Code ("Miami 21 Code"), became effective and Zoning Ordinance No. 11000 was repealed; and WHEREAS, Section 2.2.3 of the Miami 21 Code, as amended, states that the effective date of the Miami 21 Code shall not affect nor prevent the processing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: 08-001667c2 (Version: 6) Printed On: 10/24/2017 File Number: 08-00166zc2 Enactment Number: 13299 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} Footnotes: City of Miami Page 2 of 3 File Id: 08-001667c2 (Version: 6) Printed On: 10/24/2017 File Number: 08-00166zc2 Enactment Number: 13299 {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: 6) Printed On: 10/24/2017