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Home My WebLink AboutCC Legislation (Version 4) & ExhibitCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01180zc Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE ZONING CLASSIFICATION FROM 1) "T3-L" SUB -URBAN ZONE -LIMITED TO "T3-O" SUB -URBAN ZONE -OPEN AT SOUTHWEST 4TH AND 5TH STREETS AT 30TH AVENUE, MIAMI, FLORIDA; 2) "T4-R" GENERAL URBAN ZONE -RESTRICTED WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "T5-O" URBAN CENTER ZONE -OPEN WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT AT THE NORTHWEST CORNER OF SOUTHWEST 27TH AVENUE AND DAY AVENUE, MIAMI, FLORIDA; 3) "T5-L" URBAN CENTER ZONE -LIMITED TO "T5-O" URBAN CENTER ZONE -OPEN AT THE NORTH SIDE OF BIRD ROAD BETWEEN SOUTHWEST 37TH COURT AND SOUTHWEST 39THAVENUE, MIAMI, FLORIDA; 4) "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN AT APPROXIMATELY 5808 NORTHEAST 4TH COURT AND 454 NORTHEAST 58TH STREET, MIAMI, FLORIDA; 5) "T5-L" URBAN CENTER ZONE -LIMITED WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT TO "T5-O" URBAN CENTER ZONE -OPEN WITH AN "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT AT THE PROPERTIES SOUTH OF TIGERTAILAVENUE BETWEEN SOUTHWEST 27TH AVENUE AND MARY STREET, MIAMI, FLORIDA; AND 6) "Cl" CIVIC INSTITUTION TO "T6-80-0" URBAN CORE -OPEN AT THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; FURTHER, THE PLANNING AND ZONING DEPARTMENT HAVING CONDUCTED A BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS OF THE ZONING ORDINANCE, PURSUANT TO SECTION 7.1.2.8.B.2, HAS FOUND THE CHANGES TO BE APPROPRIATE AND CONSISTENT WITH THE DEVELOPMENT DIRECTION OF THE CITY OF MIAMI'S NEIGHBORHOODS; RESULTING ZONING CHANGES APPROVED THROUGH THIS BIENNIAL EVALUATION OF THE MIAMI 21 ATLAS, PURSUANT TO SECTION 7.1.2.8.6.2, SHALL NOT PROHIBIT, PREVENT OR LIMIT OWNERS OF AFFECTED PROPERTIES IDENTIFIED HEREIN FROM APPLYING FOR A REZONING PURSUANT TO SECTION 7.1.2.8.G.5; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING FUTURE LAND USE CHANGE ALREADY ADOPTED FOR ANY ZONING CHANGE NOT APPROVED IN THIS ORDINANCE IN ORDER TO MAINTAIN CONSISTENCY BETWEEN THE ZONING ATLAS OF ORDINANCE NO. 13114 AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, FUTURE LAND USE MAP; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 1 of 3 File Id: 12-01180zc (Version: 4) Printed On:12/18/2012 File Number: 12-01180zc WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 7, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-046 by a vote of ten to zero (10-0), item no. 6, recommending APPROVAL with modifications by eliminating from this ordinance the change from "T1" with an "NCD-3" to "CS" with an "NCD-3" at approximately 2731 and 2901 Brickell Avenue; and WHEREAS, the resulting Zoning Changes approved through the City of Miami's ("City's") Biennial Evaluation of the Miami 21 Atlas, pursuant to Section 7.1.2.8.b.2, shall not prohibit, prevent or limit owners of affected properties identified herein from applying for a rezoning pursuant to Section 7.1.2.8.g.5; and WHEREAS, should the City Commission choose not approve any of the zoning changes recommended herein, the Planning and Zoning Department is hereby directed and authorized to revert any accompanying Future Land Use Change already adopted for this proposed Zoning Change in order to maintain consistency between the Zoning Atlas of Ordinance No. 13114 and the Miami Comprehensive Neighborhood Plan, Future Land Use Map; 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 these zoning change classifications as 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, is hereby amended by changing the zoning classifications of certain properties from 1) "T3-L" to "T3-O"; 2) "T4-R" with an "NCD-3" to "T5-0" with an "NCD-3"; 3) "T5-L" to "T5-O"; 4) "T5-R" to "T5-0"; 5) "T5-L" with an "NCD-3" to "T5-O" with an "NCD-3"; and 6) "Cl" to "T6-80-0", for the properties described in "Exhibit A", attached and incorporated. Section 3. Zoning Changes resulting from the City's Biennial Evaluation of the Miami 21 Atlas, pursuant to Section 7.1.2.8.b.2, shall not prohibit, prevent or limit owners of affected properties identified herein from applying for a rezoning pursuant to Section 7.1.2.8.g.5. Section 4. Should any of the Zoning Changes recommended herein not be approved, the Planning and Zoning. Department is hereby directed and authorized to revert any accompanying Future Land Use Change already adopted for this proposed Zoning Change in order to maintain consistency between the Zoning Atlas of Ordinance No. 13114 and the Miami Comprehensive Neighborhood Plan, Future Land Use Map. Section 5. 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 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 of the City of Miami, Florida, as amended, which provisions may be renumbered or re -lettered and that the word "ordinance" may be changed to City of Miami Page 2 of 3 File Id: 12-01180zc (Version: 4) Printed On: 12/18/2012 File Number: 12-01180zc "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, Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNE4 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: 12-01180zc (Version: 4) Printed Om 12/18/2012 EXHIBIT "A" - ZONING CHANGE # 1 I I IIIIIIII SW 2ND ST SW 3 RD ST w SW 4TH�ST Q, i- 2 1V I- _ H N SW 5TH,ST SW 6TH ST SW 7TH ST N 0 150 300 600 Feet ADDRESS: 2970, 2988, 2996 SW 4 ST 2979 2981 SW 5 ST & 445 SW 30 AV 0 150 EXHIBIT "A" - ZONING CHANGE # 2 300 600 Feet ADDRESS: 2701 DAY AVENUE EXHIBIT "A" - ZONING CHANGE # 3 AV Hl6£ MS U SW 28TH ST —9 SW 29TH ST w F- oP M BIRD-RD SHIPPING AVE T BIRD RD PEACOCK AVE I I I 0 150 300 600 Feet ADDRESS :3899, 3861, 3841, 3811, 3801 & 3755 SW 40 ST 3851, 3845, 3791, 3771, 3775 & 3753 BIRD RD 3855 SW 38 CT EXHIBIT "A" - ZONING CHANGE # 4 UNNAMED NE 59TH TER NE 58TH TER NE 58TH ST NE 56TH ST w z 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NE 59TH ST NE 56TH ST 0 150 300 600 Feet I i I I ADDRESS: 5808 NE 4 CT & 454 NE 58 ST EXHIBIT "A" -ZONING CHANGE # 5 uNCOLN Avte DAY AVE BISCAYNE BAY 0 150 300 600 Feet ADDRESS: 2765 S BAYSHORE DR, 2850 TIGERTAIL AV & 3300 SW 27 AV V 2ND ST w EXHIBIT "A" - ZONING CHANGE # 6 NW 1ST ST 0 150 300 600 Feet 0 W FLAGLER ST ADDRESS: 195 NW 2 ST & 200 NW 1 AV