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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00863zc1
Final Action Date:
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 OF APPROXIMATELY .75± ACRES,
AS DESCRIBED IN "EXHIBITA", ATTACHED AND INCORPORATED, OF THE REAL
PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA,
AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, FROM T4-R, "GENERAL URBAN ZONE -
RESTRICTED", TO T5-O, "URBAN CENTER ZONE - OPEN"; 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 February
17, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-0010 by a vote
of six to one (6-1), item No. 2, recommending DENIAL of the Zoning Change as set forth; and
WHEREAS, the proposed zoning change is in harmony with the requested land use pattern and
the adjacent and nearby districts; and
WHEREAS, the proposed zoning change is not out of scale with the needs of the neighborhood or
the City of Miami ("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 rezoning will contribute to the improvement of development of properties
in the adjacent area in accordance with existing regulations; and
WHEREAS, the propose 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 and its inhabitants to approve 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: 09-00863zc1 (Version: 2) Printed On: 3/8/2016
File Number: 09-00863zc1
Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, is further amended by
changing the zoning classification of approximately .75± acres, as described in "Exhibit A", attached
and incorporated, of the real property located at 455 Northeast 38th Street, Miami, Florida, and a
portion of the property located at 3801 Biscayne Boulevard, Miami, Florida from T4-R, "General Urban
Zone - Restricted", to T5-O, "Urban Center Zone - Open"; making findings; containing a severability
clause; and providing for an effective date.
Section 3. 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 4. 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, the Zoning Ordinance 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 5. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VIi TORIA ENDEZ
CITY ATTORNEY
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: 09-00863zc1 (Version: 2) Printed On: 3/8/2016