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HomeMy WebLinkAboutCC FR/SR Legislation (Version 3)City of Miami Legislation Ordinance City Hall 3500 Pan American - Drive Miami, FL 33133 www.miamigov.com File Number: 12-01180zc4 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 -RESTRICTED AND "T3-O" SUB -URBAN -OPEN TO "T4-L" GENERAL URBAN -LIMITED FOR PROPERTIES LOCATED AT APPROXIMATELY 1609, 1624, 1632, AND 1637 NORTHWEST 59 STREET, 1630, 1687, 1691, AND 1693 NORTHWEST 58 TERRACE, AND 1620 NORTHWEST 58 STREET, MIAMI, FLORIDA, AS FURTHER IDENTIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; 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 THE PLANNING AND ZONING DEPARTMENT TO REVERT ANY ACCOMPANYING 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 June 19, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-032 by a vote of nine to zero (9-0), item no. 7, recommending APPROVAL with a modification to remove portion number 1 as presented to the PZAB, of the Zoning Change as set forth; 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 proposed changes will create greater consistency with the City's Comprehensive Plan Future Land Use Map and the Zoning Atlas; and City of Miami Page 1 of 3 File Id: 12-01180zc4 (Version: 3) Printed On: 7/5/2013 File Number: 12-01180zc4 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 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 Ordinance No. 13114, is hereby amended by changing the zoning classification of certain properties from "T4-R" General Urban -Restricted and "T3-O" Sub -Urban -Open to "T4-L" General Urban -Limited for properties located at approximately 1609, 1624, 1632, and 1637 Northwest 59th Street, 1630, 1687, 1691, and 1693 Northwest 58th Terrace and 1620 Northwest 58th Street, Miami, Florida; further identified 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's neighborhoods. The resulting zoning changes approved through his Biennial Evaluation of the Miami 21 Atlas, pursuant to Section 7.1.2.8.112, 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 back, 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. 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 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. {1} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY City of Miami Page 2 of 3 File Id: 12-01180zc4 (Version: 3) Printed On: 7/5/2013 File Number.' 12-01180zc4 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 Ilion?! Page 3 of 3 File Id: 12-01180zc4 (Version: 3) Printed On: 7/5/2013