HomeMy WebLinkAboutO-08135ORDINANCE NO.
8135
AN ORDINANCE AMENDING ORDINANCE NO.
6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
CHANGING THE ZONING CLASSIFICATION
AND LIMITING THE HEIGHT OF EACH BUILDING
CONSTRUCTED THEREON TO NOT EXCEED
39 FEET FROM MEAN SEA LEVEL FOR
LOTS 13 THRU 17, BLOCK 3; AND LOTS
15 THRU 19, BLOCK 2, LE JEUNE GARDEN
ESTATES SEC 3 (44-11), LOCATED AT
N. W. 43RD AVENUE AT N. W. SOUTH
TAMIAMI CANAL DRIVE, FROM C- 5
(LIBERAL COMMERCIAL) TO R-4 (MEDI U,
DENSITY MULTIPLE);AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871
BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2, THEREOF; REPEALING ALL
LAWS IN CONFLICT HEREWITH; AND PROVIDING
FOR A SEVERABILITY CLAUSE HEREIN; DECLARIIG
THIS ORDINANCE TO BE AN EMERGENCY MEASURE,
DISPENSING WI"M THE REQUIREMENT OF READING
THE SAME ON 1S'O SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR FIFTHS OF THE MEMBERS
OF THE COMiII SSION.
WHEREAS, the Planning and Zoning Board of the
City of Miami, at its meeting held on March 8, 1971,
passed and adopted Resolution No. 71-70, recommending
denial of a change in the zoning classification, as
hereinafter set forth; and
WHEREAS, the Miami City Commission at its meeting
of July 8, 1971, recommended denial of change of zoning
classification from C-5 (Liberal Commercial) to R-4
(Medium Density Multiple) District; and
WHEREAS, by Final Decree in Case No. 71-11375, the
Circuit Court of the Eleventh Judicial Circuit of the
State of Florida, ordered the City of Miami to rezone the
subject property to a zoning classification not less liberal
than a R-4 (Medium Density Multiple) and limiting the
height of each building constructed thereon to not exceed
39 feet from mean sea level; and
WHEREAS, the City of Miami appealed the Order
of .the Circuit Court to the District Court of Appeal for
the Third District of Florida, and said District Court of
Appeal upheld the ruling of the Circuit Court by Order
dated May 2, 1972;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is
hereby amended by changing the zoning classificaticn and
limiting the height of each building constructed thereon
to not exceed 39 feet from mean sea level for Lots 13 thru
17, Block 3; and Lots 15 thru 19, Block 2, LE JEUNE GARDEN
ESTATES Sec 3 (44-11) , :located at N. W. 43rd Avenue at N. W.
South Tamiami Canal Drive, from C-5 (Liberal Commercial) to
R-4 (Medium Density Multiple); and by making the necessary
changes in the zoning district map made a part of said
Ordinance No. 6871, by reference and description in
Article III, Section 2, hereof.
Section 2. That all laws, or parts of laws, in
conflict herewith, be and the same are hereby repealed
insofar as they are in conflict.
Section 3. It is declared to be the legislative
s.rtent of this body that if any section, subsection,
sentence, phrase or provision of this Ordinance is held
i::valid, the remainder of the Ordinance shall not be
affected.
Section 4. This ordinance is hereby declared to
be an emergency measure on the ground of urgent public need
for the preservation of peace, health, safety and property
in the City of Miami.
Section 5. The requirement of reading this
ordinance on two separate days is hereby dispensed with
by a vote of not less than four fifths of the Members of
the Commission.
PASSED AND ADOPTED this 25 day of January ,1973.
DAVID T. KENNEDY
Attest:
MAYOR
H.D. SOUTHERN
City Clerk
T- . i). :~'Ji.?n'TT-,1,'.' .t.T`n ^.... ,11
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City th:;_s.
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.A. D. /29 (2J.
MJAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ap-
peared Martha Drobnie, who on oath says that she
Is the Office Manager of the Miami Review and
Daily Record, a daily (except Saturday, Sunday end
Legal Holidays) newspaper. published at Miami In
Dade County, Florida; that the attached copy of adver-
tisement, being a Legal Advertisement or Notice in
the matter of A,tnhH Ordi Ita,11f ri
Nrt, c1 �5
( 1.R.ar•r+ r' ",n•1; /1" ('1 ASS1. '1 ( t tnt')
P-4 i i ri'- n' '1r)i r.ttt' ( " (mr it 1.1 r .
Atr., , Tr3'711. " (',A t ... � `1�'?'!" et '•
in the Court,
was published In said newspaper In the issues of
Tarmar'• 3n, 1 n ; 1
Affiant further says that the said Miami Review
and Daily Record is a newspaper published at Miami,
in said Dade County, Florida, and that the said news-
paper has heretofore been continuously published In
said Dade County, Florida, each day (except Saturday,
_ Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of securing this advertisement
for publication In the said newspaper.
( , )
Sworn to and subscribed before me this
1(1r1. day of T,'it11) r•' A. D. 19 71
Janet Leo
Notary Public, State of Florida at Large
(SEAL)
My Commission expires April 15, 1973.
'Ott Itt MIAMI. .
t AiSt t' Y, #'t,OR1fl,
L Nwrits
Ail interested kill take notfee
that on the 2.5th day n' Januatiy,
1973 the Conifnt?sion of the City
i Miami, Florida adapted an
rrrdinance entlth,d
AN ORDINANCE AMENDING
ORDINANCE NO. 6571. THE
COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING
THE ZONING CLASSIFICA-
TION AND LIMITING THE
HEIGHT OF EACH BUILD-
ING CONSTRUCTED TFIERE-
ON TO NOT EXCEED 39
FEET FROM MEAN SEA
LEVEL FOR LOTS 13 THRU
17, BLOCK 3: AND LOTS 15
THRU 19, BLOCK 2, LE-
JEUNE GARDEN ESTATES
SEC 3 (44.11) LOCATED ,AT
NW 43RD AVENUE AT NW
OL'TII TAM)IA'dI CANAL
DRIVE_, FROM C-5 (LIBERAL
COMMERCIAL) TO R-4 (MED.!
ICM DENSITY MULTIPLE),
AND BY MAKING THE
NECESSARY CHANGES IN
THE ZONING DISTRICT
MAP MADE A PART OF
SAID ORDINANCE NO, 6971
FIN' REFERENCE AND DE-
SCRiPTION IN ARTICLE III,
SECTION 2 THEREOF. RE-
PEALiNG ALL LAWS IN
CONFLICT HEREWITH, AND
PROVIDING, FOR A SEVER -
ABILITY CLAUSE HEREIN:
DECL.IRiNG THIS ORffT-
NANCE TO RE AN EMER-
GENCY \MEAS)'RE, DISPENS-
iNG WITH TIIE REQUIRE-
MENT O}. READING THE
SAME ON TWO SEPARATE
T;Y A VOTE OF NOT
LESS TIIAN FOUR FIFTHS
.F THE MEMBERS OF THE
t OMMISSION
q•h:rtt S� r1 lannted Ordinance
No. 5135.
1T D. S(M'TTIF.RN
CITY C•T.F.i?K
CITY (1H MIAMI.
FLt'R1 Tl A
this notlro nit
Se :inth day of ,L.olunry, 1973.
Ail No. 101049
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RHT/cc
1/19/73
ORDINANCE NO.Y..7
AN ORDINANCE AMENDING ORDINANCE NO.
6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
CHANGING THE ZONING CLASSIFICATION
AND LIMITING THE HEIGHT OF EACH BUILDING
CONSTRUCTED THEREON TO NOT EXCEED
39 FEET FROM MEAN SEA LEVEL FOR
LOTS 13 THRU 17, BLOCK 3; AND LOTS
15 THRU 19, BLOCK 2, LE JEUNE GARDEN
ESTATES SEC 3 (44-11), LOCATED AT
N. W. 43RD AVENUE AT N . W. SOUTH
TAMIAMI CANAL DRIVE, FROM C-5
(LIBERAL COMMERCIAL) TO R-4 (MEDIUM
DENSITY MULTIPLE);AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871
BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2, THEREOF; REPEALING ALL
LAWS IN CONFLICT HEREWITH; AND PROVIDING
FOR A SEVERABILITY CLAUSE HEREIN; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE,
DISPENSING WITH THE REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR FIFTHS OF THE MEMBERS
OF THE COMMISSION.
WHEREAS, the Planning and Zoning Board of the
City of Miami, at its meeting held on March 8, 1971,
passed and adopted Resolution No. 71-70, recommending
denial of a change in the zoning classification, as
hereinafter set forth; and
WHEREAS, the Miami City Commission at its meeting
of July 8, 1971, recommended denial of change of zoning
classification from C-5 (Liberal Commercial) to R-4
(Medium Density Multiple) District; and
WHEREAS, by Final Decree in Case No. 71-11375, the
Circuit Court of the Eleventh Judicial Circuit of the
State of Florida, ordered the City of Miami to rezone the
subject property to a zoning classification not less liberal
than a R-4 (Medium Density Multiple) and limiting the
height of each building constructed thereon to not exceed
39 feet from mean sea level; and
WHEREAS, the City of Miami appealed the Order
of the Circuit Court to the District Court of Appeal for
the Third District of Florida, and said District Court of
Appeal upheld the ruling of the Circuit Court by Order
dated May 2, 1972;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is
hereby amended by changing the zoning classification and
limiting the height of each building constructed thereon
to not exceed 39 feet from mean sea level for Lots 13 thru
17, Block 3; and Lots 15 thru 19, Block 2, LE JEUNE GARDEN
ESTATES Sec 3 (44-11), located at N. W. 43rd Avenue at N. W.
South Tamiami Canal Drive, from C-5 (Liberal Commercial) to
R-4 (Medium Density Multiple); and by making the necessary
changes in the zoning district map made a part of said
Ordinance No. 6871, by reference and description in
Article III, Section 2, hereof.
Section 2. That all laws, or parts of laws, in
conflict herewith, be and the same are hereby repealed
insofar as they are in conflict.
Section 3. It is declared to be the legislative
intent of this body that if any section, subsection,
sentence, phrase or provision of this Ordinance is held
invalid, the remainder of the Ordinance shall not be
affected.
•
•
•
Section 4. This ordinance is hereby declared to
be an emergency measure on the ground of urgent public need
for the preservation of peace, health, safety and property
in the City of Miami.
Section 5. The requirement of reading this
ordinance on two separate days is hereby dispensed with
by a vote of not less than four fifths of the Members of
the Commission.
PASSED AND ADOPTED this0g5 day of ,1973.
MAYOR
City Clerk
PREPARED AND APPROVED BY:
R. arris urner
Assistant City Attorney
REVIEWEBY:
hn S. Lloyd
sistant Director of Law
AP'R VED S TO i�O M ��sND; (CORRECTNESS:
lan H. Rothstein
City Attorney