HomeMy WebLinkAboutO-13408City of Miami
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Ordinance: 13408
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01180zc4 Final Action Date: 9/26/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, BY CHANGING THE
ZONING CLASSIFICATION FROM "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
7.1.2.8.6.2, 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 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
City of Miami
Page 1 of 3 File Id: 12-011807c4 (Version: 3) Printed On: 9/18/2017
File Number: 12-01180zc4 Enactment Number: 13408
Plan Future Land Use Map and the Zoning Atlas; 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 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.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
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}
Footnotes:
City of Miami Page 2 of 3 File Id: 12-011807c4 (Version: 3) Printed On: 9/18/2017
File Number: 12-01180zc4 Enactment Number: 13408
{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: 12-01180zc4 (Version: 3) Printed On: 9/18/2017