HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01180ze5 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 "T6-24-0" URBAN CORE TRANSECT ZONE - 24
- OPEN TO "T6-36B-O" URBAN CORE TRANSECT ZONE - 36B - OPEN IN THE
AREA GENERALLY BOUNDED BY NORTHEAST 20TH TERRACE TO THE NORTH,
NORTHEAST 2ND AVENUE TO THE WEST, NORTHEAST 17TH TERRACE TO
THE SOUTH, AND NORTHEAST 4TH AVENUE TO THE EAST, MIAMI, FLORIDA,
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
FORA 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 (FLUM); MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 18,
2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-041 by a vote of ten
to zero (10-0), item no. 10, recommending APPROVAL of the Zoning Change as set forth; and
WHEREAS, the resulting Zoning Changes approved through 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; and
WHEREAS, the proposed change will create greater consistency with the City's
Comprehensive 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 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:
City of Miami Page 1 of 2 File Id: 12-01180zc5 (Version: 3) Printed On: 10/10/2013
File Number: 12-01180zc5
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 from "T6-24-0" Urban Core Transect Zone - 24 - Open to "T6-36B-O" Urban Core
Transect Zone - 36B - Open in the area generally bounded by Northeast 20th Terrace to the north,
Northeast 2nd Avenue to the west, Northeast 17th Terrace to the south, and Northeast 4th Avenue to
the east; 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 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 (FLUM).
Section 4. 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 5. 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 6. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof. {1 }
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY 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.
City of Miami Page 2 of 2 File Id: 12-01180zc5 (Version: 3) Printed On: 10/10/2013