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HomeMy WebLinkAboutFully-Executed CC Legis. (Ver. 2) & ExhibitCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov,com File Number: 12-01180zcl 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 "T4-R" GENERAL URBAN ZONE -RESTRICTED TO "T4-L" GENERAL URBAN ZONE -LIMITED FOR SELECTED PROPERTIES LOCATED AT APPROXIMATELY 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND 829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH 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.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; FURTHER DIRECTING AND AUTHORIZING THE PLANNING AND ZONING DEPARTMENT TO AUTOMATICALLY REVERT, IF NECESSARY, ANY ACCOMPANYING FUTURE LAND USE CHANGE 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. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 5, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-051 by a vote of ten to zero (10-0), item no. 10, recommending APPROVAL of the Zoning Change as set forth; 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. City of Miami Page 1 of 2 File Id: 12-01180zcl (Version: 2) Printed On: 1/9/2013 File Number. 12-0118020 Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from "T4-R" General Urban Zone -Restricted to "T4-L" General Urban Zone -Limited for selected properties located at approximately 828 Southwest 8th Avenue, 829 and 830 Southwest 8th Court, 814 and 829 Southwest 9th Avenue, 824 and 831 Southwest 9th Court, 826 and 827 Southwest 10th Avenue, and 827 and 830 Southwest llth Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated. Section 3, 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 his 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, The Planning and Zoning Department is directed and authorized to automatically revert, if necessary, any accompanying future and use change 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. 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 of the City of Miami, Florida, 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 shali become effective thirty-one (31) days after second reading and adoption thereof, APPROVED AS TO FORM AND CORRECTNESS JULIE 0, BRU ClTY ATTORNEY 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. Cuy of Miami Page 2 of 2 File id. 12-01 Ozel Version: 2) Printed On: 1/912 0 150 300 1 I 600 Feet I EXHIBIT "A" ADDRESSES: 828 SW 8 AV; 829 & 830 SW 8 CT: 814 & 829 SW 9 AV; 824 & 831 SVV 9 CT: 826 & 827 SW 10 AV: 827 & 830 SW 11 AV,