HomeMy WebLinkAboutO-13353City of Miami
Legislation
Ordinance: 13353
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01180zc Final Action Date: 1/10/2013
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 39TH AVENUE, 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
TIGERTAIL AVENUE 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
7.1.2.8.6.2, 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
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File Number: 12-01180zc Enactment Number: 13353
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-O" with
an "NCD-3"; 3) "T5-L" to "T5-O"; 4) "T5-R" to "T5-O"; 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: 12-011807c (Version: 4) Printed On: 8/17/2017
File Number: 12-01180zc Enactment Number: 13353
"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}
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: 12-011807c (Version: 4) Printed On: 8/17/2017