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HomeMy WebLinkAboutO-13543City of Miami Legislation Ordinance: 13543 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00090zc Final Action Date: 7/23/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM D1 "WORK PLACE DISTRICT ZONE" TO T6-12-0 "URBAN CORE TRANSECT ZONE OPEN", FOR THE PROPERTY LOCATED AT APPROXIMATELY 3650 BIRD ROAD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 6, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-019 by a vote of six to one (6-1), item no. 7, recommending APPROVAL of the Zoning Change as set forth; and WHEREAS, the proposed zone change is in harmony with the requested land use pattern and the adjacent and nearby districts; and WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood or the city; and WHEREAS, changing conditions make the passage of the proposed change necessary; and WHEREAS, there are substantial reasons why the use of the property is unfairly limited under existing zoning; and WHEREAS, the proposed zone change will contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed zone change will convey the same treatment to the individual owner as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; 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. Section 2. The Applicant proferred a covenant and shall ensure Section 6 of the covenant City of Miami Page 1 of 2 File Id: 15-000907c (Version: 2) Printed On: 3/15/2018 File Number: 15-00090zc Enactment Number: 13543 titled, "Amendment and Modification" reads as follows: "The modification, amendment, or release as to any portion of the covenant shall also be approved by the Golden Pines Neighborhood Association or its successor. Section 3. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by changing the zoning classification from " Work Place District Zone" D1 to "Urban Core Transect Zone Open" T6-12-0, for the property located at approximately 3650 Bird Road, Miami, Florida, as described in "Exhibit A", attached and incorporated. 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, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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: 15-000907c (Version: 2) Printed On: 3/15/2018