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File Number: 05-00517a Final Action Date: 4/27/2006
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING PAGE NO. 44, OF 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, BY
CHANGING THE ZONING CLASSIFICATION FROM "0" OFFICE AND "SD-12"
BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2460 SOUTHWEST 16TH COURT
AND A PORTION OF 2465 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Zoning Board, at its meeting on October 17, 2005, Item No. 6, following an
advertised hearing, adopted Resolution No. ZB 2005-1070, by vote of seven to one (7-1),
RECOMMENDING DENIAL of a change of zoning classification from "0" Office to "C-1" Restricted
Commercial, as hereinafter set forth; and
WHEREAS, the applicant thereafter amended its application to add a request to remove the
"SD-12" Buffer Overlay District from a portion of the property; and
WHEREAS, the Miami Zoning Board, at its meeting on March 13, 2006, Item No. 6, following an
advertised hearing, adopted Resolution No. ZB 2006-1144, by vote of seven to one (7-1),
RECOMMENDING DENIAL of a change of zoning classification from "0" Office and "SD-12" Buffer
Overlay District to "C-1" Restricted Commercial, as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, 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. 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 "0" Office and "SD-12" Buffer Overlay District to "C-1"
Restricted Commercial, for the properties located at approximately 2640 Southwest 16th Court and a
portion of 2465 Southwest 17th Avenue, Miami, Florida, more particularly described in "Exhibit A."
City of Miami Page 1 of 2 File Id: 05-00517a (Version: 2) Printed On: 12/15/2023
File Number: 05-00517a
Section 3. 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 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. Page No. 44 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 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
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 pursuant and subject to § 163.3187(3)(c). {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1 } This Ordinance shall become effective as specified 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, whichever is later.
City of Miami Page 2 of 2 File Id: 05-00517a (Version: 2) Printed On: 12/15/2023